

[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Rules and Regulations]               
[Page 68441-68466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de07-20]                         


[[Page 68441]]

-----------------------------------------------------------------------

Part III





Department of Transportation





-----------------------------------------------------------------------



National Highway Traffic Safety Administration



-----------------------------------------------------------------------



49 CFR Part 571



Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity; Final 
Rule


[[Page 68442]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[DOT Docket No. NHTSA-2007-0040]
RIN 2127-AJ57

 
Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this final rule, we (NHTSA) address the problem of motor 
home and recreation vehicle trailer overloading by amending the Federal 
Motor Vehicle Safety Standards (FMVSS) on tire selection and rims.
    This final rule requires manufacturers of all motor homes and 
recreation vehicle trailers to provide information to consumers in a 
label that informs the consumer about the vehicle's load carrying 
capacity. This information is helpful both at the time the consumer is 
making a purchase decision and as the consumer uses his or her vehicle. 
We also require that the size of tires on motor homes and recreation 
vehicle trailers be the same as the size of the tires listed on the 
tire information label.
    In addition, this rule provides regulatory relief for dealers from 
a labeling requirement in the safety standard on tire selection and 
rims for light vehicles. The standard's requirement can currently 
require dealers which add even small amounts of weight to re-label the 
vehicles. Under today's amendment, any party that adds weight to a 
completed vehicle exceeding the lesser of 1.5 percent of the vehicle's 
gross vehicle weight rating or 100 pounds (before first sale to the 
retail customer) is required to disclose this extra weight on labels 
affixed to the vehicles. Lesser amounts of weight may be added without 
changing or adding labels.
    It is our belief that this rule complements the efforts of the 
recreation vehicle industry to provide consumers with information in 
order to help reduce overloading motor homes and recreation vehicle 
trailers. This rulemaking was initiated in response to a petition from 
Ms. Justine May.

DATES: Effective date: The effective date for this final rule is June 
2, 2008. Optional immediate compliance is available as of December 4, 
2007.
    Petitions for reconsideration: Petitions for reconsideration of the 
final rule must be received not later than January 18, 2008.

ADDRESSES: Petitions for reconsideration of the final rule must refer 
to the docket and notice number set forth above and be submitted to the 
Administrator, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:
    For non-legal issues, you may call Mr. William D. Evans, Office of 
Crash Avoidance Standards at (202) 366-2272. His FAX number is (202) 
366-2990.
    For legal issues, you may call Ms. Dorothy Nakama, Office of the 
Chief Counsel at (202) 366-2992. Her FAX number is (202) 366-3820.
    You may send mail to both of these officials at National Highway 
Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
    A. The May Petition
    B. Joint Industry Petition for Rulemaking and Interim Relief 
Concerning Standard No. 110 Issues
II. Notice of Proposed Rulemaking of August 31, 2005
III. Overview
    A. Summary of Comments
    B. Summary of the Final Rule
    C. Summary of Significant Differences Between the NPRM and the 
Final Rule
IV. Public Comments and NHTSA's Response
    A. Applicability of This Final Rule
    1. Whether the Final Rule Should Apply to All RVs, Not Just to 
RVs with Gross Vehicle Weight Ratings Greater than 4,536 Kilograms 
(10,000 Pounds)
    2. Excluding Light RVs from FMVSS No. 110 Labeling Requirements
    B. Definitions
    1. NPRM
    2. The Definition of ``Travel Trailer'' and ``Motor Home''
    3. NPRM's Term ``Tongue Load Rating'' for RV Trailers
    C. GVWR, GAWR and Tire Load Information for Motor Homes and 
Recreation Vehicle Trailers
    1. NPRM
    2. Requirement that Heavy RVs be Delivered to the Customer With 
the Same Size Tires That are Listed on the Vehicle Certification 
Label or Tire Information Label
    3. Whether the ``Make Inoperative'' Prohibition Applies to the 
FMVSS No. 110 Vehicle Placard and Optional Tire Inflation Pressure 
Label
    D. Determining Occupant Capacity Weight
    1. NPRM
    2. RV Occupant Capacity Weight (OCW) and the Weight of a 
Standard Occupant
    E. Location of Labels
    1. NPRM
    2. Revised RV Load Carrying Capacity Labels
    3. Label Locations for Heavy RVs and All Light Vehicles
    4. Location of the FMVSS No. 110 Load Carrying Capacity 
Modification Label
    F. Label Format and Content
    1. NPRM
    2. Revised RV Load Carrying Capacity Labels
    G. Addition of Weight to FMVSS No. 110 Vehicles and FMVSS No. 
120 Motor Homes and Travel Trailers Between Vehicle Certification 
and First Retail Sale of the Vehicle
    1. Proposal Concerning FMVSS No. 110
    2. Proposal Concerning FMVSS No. 120
    3. Comments and Decision Concerning Weight Added to Heavy RVs 
and All Light Vehicles After Final Vehicle Certification and Before 
First Retail Sale
    H. Other Issues
    1. Whether the Final Rule Should Protect Against Overloading 
Tires, Wheels, Axles and Suspensions on RVs
    2. RV Weight and Weighing Issues
    3. Numbering in Proposed FMVSS No. 110 Regulatory Text
    4. Scope of Notice for Joint Petition Issues
    5. Response to Issues of the Joint Petition
    6. The Meaning of ``Stated Weight Ratings'' on FMVSS No. 110 
Placards
    7. Issues Outside the Scope of this Rulemaking
V. Final Rule
VI. Leadtime
VII. Regulatory Analyses and Notices
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Executive Order 13132 (Federalism)
    C. Executive Order 13045 (Economically Significant Rules 
Affecting Children)
    D. Executive Order 12988 (Civil Justice Reform)
    E. Regulatory Flexibility Act
    F. National Environmental Policy Act
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act
    I. Unfunded Mandates Reform Act of 1995
    J. Plain Language
    K. Regulation Identifier Number (RIN)
Final Rule Regulatory Text

I. Background

A. The May Petition

    In a petition dated January 21, 2000, Ms. Justine May petitioned 
NHTSA to amend Federal Motor Vehicle Safety Standard (FMVSS) Number 
120, Tire selection and rims for motor vehicles other than passenger 
cars. Ms. May requested that FMVSS No. 120 be revised in such a way 
that motor vehicles would be equipped with tires that meet maximum load 
standards when the vehicle is loaded with a reasonable amount of 
luggage and the total number of passengers the vehicle is designed to 
carry. Ms. May's stated reason for her petition was her family's 
personal experience with a fifth-wheel travel trailer. She stated that 
there was no information provided with her trailer stating its cargo 
carrying capacity (CCC). Ms. May believes that loading her vehicle with 
cargo for a trip placed it in an overloaded condition, resulting in

[[Page 68443]]

tire blowouts. The agency granted Ms. May's petition for rulemaking.

B. Joint Industry Petition for Rulemaking and Interim Relief Concerning 
Standard No. 110 Issues

    Prior to publication of an NPRM addressing the May petition, NHTSA 
received a Joint Petition for Rulemaking and Interim Relief concerning 
certain FMVSS No. 110 provisions that were scheduled to take effect on 
September 1, 2005 regarding vehicle capacity weight and tire 
information. The Joint Petition \1\ requested a notice of interim final 
rulemaking authorizing or clarifying that the vehicle capacity weight 
statement required by FMVSS No. 110 allows for a reasonable tolerance, 
that vehicle capacity weight be labeled as ``estimated'' and as 
``originally manufactured,'' that placards/labels may be modified 
rather than replaced and that shipping weight or weight determined by 
scales of reasonable accuracy may be used to determine the additional 
weight of equipment added to vehicles.
---------------------------------------------------------------------------

    \1\ ``Joint Petition'' means the ``Joint Petition for Rulemaking 
and Interim Relief; Federal Motor Vehicle Safety Standard (FMVSS) 
No. 110; Vehicle Capacity Weight and Tire Information'' dated July 
29, 2005 which was submitted to NHTSA by a group of trade 
organizations through Mike Kastner (NTEA) and Douglas Greenhaus 
(NADA). The document is available in docket NHTSA-2005-22242-3.
---------------------------------------------------------------------------

II. Notice of Proposed Rulemaking of August 31, 2005

    On August 31, 2005, NHTSA published in the Federal Register (70 FR 
51707) (DMS Docket No. NHTSA-2005-22242), the NPRM to address the 
problem of motor home and travel trailer overloading. The agency 
explained in some detail the safety need for the proposed rule, which 
would help to prevent motor home and travel trailer overloading.\2\ 
NHTSA cited data from the Recreation Vehicle Industry Association 
(RVIA) regarding the number of recreation vehicles and from the 
Recreation Vehicle Safety Education Foundation (RVSEF) showing the 
scope of the overloading problem. The agency described characteristics 
of motor homes and travel trailers, explaining how they may become 
overloaded, and cited cargo carrying capacity-related consumer 
information and labels that are currently required by NHTSA. Finally, 
NHTSA described cargo carrying capacity consumer information and labels 
currently required or recommended by Transport Canada and the RVIA.
---------------------------------------------------------------------------

    \2\ For a full explanation of the safety need for the 
rulemaking, and data cited in support, please refer to the NPRM of 
August 31, 2005 at 70 FR 51707.
---------------------------------------------------------------------------

    In the NPRM, we also included several provisions to address the 
Joint Petition concerning FMVSS No. 110. Included was a proposal to 
permit dealers to add weight up to 0.5 percent of the GVWR (of a 
vehicle subject to FMVSS No. 110) before first retail sale, without 
need for the dealers to re-label or re-placard the vehicle.

III. Overview

A. Summary of Comments

    In response to the NPRM, NHTSA received comments from the 
following: Adaptive Driving Alliance (ADA); Alliance of Automobile 
Manufacturers (Alliance); Association of International Automobile 
Manufacturers (AIAM); Marine Retailers Association of America (MRAA); 
National Association of Trailer Manufacturers (NATM); National 
Automobile Dealers Association (NADA); National Marine Manufacturers 
Association (NMMA); National Mobility Equipment Dealers Association 
(NMEDA); National RV Dealers Association (RVDA); National Trailer 
Dealers Association (NTDA); National Truck Equipment Association 
(NTEA); Recreation Vehicle Industry Association (RVIA); Rubber 
Manufacturers Association (RMA); Mr. Nate J. Seymour (Seymour); 
Specialty Equipment Market Association (SEMA); Toyota Motor North 
America, Inc. (Toyota); Mr. James Weston (Weston); and Mr. Tim Walker 
(Walker).
    Many of the commenters addressed the applicability of the proposed 
rule, and recommended that the final rule should apply to all motor 
homes and travel trailers, not just those with GVWRs over 4,536 kg 
(10,000 pounds). We were also asked to simplify the definition of 
``occupant capacity weight.'' Some commenters, notably the RVIA, asked 
NHTSA to specify multiple locations (three) for the labeling 
information. There were recommendations for more detailed information 
on cargo carrying capacity, including definitions of GVWR, unloaded 
vehicle weight, and cargo carrying capacity, and a request for NHTSA to 
provide more guidance on the effects of dealer installed equipment on 
cargo carrying capacity and the distribution of cargo.
    Reiterating issues raised in previous rulemakings, and 
interpretation letters, some commenters asked for revisions in FMVSS 
No. 110 vehicle (tire) placarding \3\ requirements. Relief was also 
supported for instances when weight is added to a vehicle after final 
vehicle certification and before first retail sale. Many commenters 
stated that the relief proposed in the NPRM, 0.5 percent of vehicle 
GVWR, was too low.
---------------------------------------------------------------------------

    \3\ For purposes of this document, ``tire placard'' means the 
vehicle placard required by S4.3 of FMVSS No. 110.
---------------------------------------------------------------------------

B. Summary of the Final Rule

    After considering the public comments, and for the reasons 
discussed in detail later in this document, we have decided to require 
all motor homes and recreation vehicle (RV) trailers to bear a label 
that informs the consumer about the vehicle's load carrying capacity. 
The final rule defines the term ``recreation vehicle trailer'' rather 
than using the term proposed in the NPRM, ``travel trailer.'' We also 
require that the size of tires on motor homes and RV trailers be the 
same as the size of tires listed on the tire information label.
    For motor homes and RV trailers, we require labels that display the 
VIN, the weight of a full load of water, the unit weight of water and a 
cautionary statement that the weight of water is part of cargo. Motor 
home labels must display the maximum weight of occupants and cargo and 
RV trailer labels must display the maximum weight of cargo. In 
addition, for motor homes, the label must show the safety belt equipped 
seating capacity and must indicate that the tongue weight of a towed 
trailer counts as cargo.
    To promote a consistent conspicuous label location, this final rule 
specifies that permanent load carrying capacity labels be affixed to 
the interior of the forward-most exterior passenger door on the right 
side of the vehicle and be visible. As an alternative (to address 
aesthetic considerations) the rule permits manufacturers to place a 
temporary label to the interior of the forward-most exterior passenger 
door on the right side of the vehicle and apply a permanent label in 
the area of the vehicle specified by FMVSS Nos. 110 and 120 for tire 
information.
    In addition, this final rule adopts a threshold for correcting load 
carrying capacity information on tire placards, motor home occupant and 
cargo carrying capacity (OCCC) labels and RV trailer CCC labels of the 
lesser of 1.5 percent of GVWR or 100 pounds, greatly decreasing the 
need to correct the information. When correction of load carrying 
capacity is needed, this rule permits the use of generic labels where 
corrected values can be legibly entered using a black, fine point, 
indelible marker. This permits dealers to stock one generic load 
carrying capacity modification label.

[[Page 68444]]

    In this final rule, the addition of the load carrying capacity 
modification label is one of three options that can be used to correct 
load carrying capacity information when dealer added weight exceeds the 
threshold. Dealers/service facilities are permitted to: (1) Replace 
existing tire placards, motor home OCCC labels or RV trailer CCC labels 
with new placards/labels containing correct load carrying capacity 
information; (2) modify existing tire placards, motor home OCCC labels 
or RV trailer CCC labels so they display correct load carrying capacity 
information; or (3) add a load carrying capacity modification label 
within 25 mm of the existing tire placard and/or the motor home OCCC 
label or RV trailer CCC label.

C. Summary of Significant Differences Between the NPRM and the Final 
Rule

    This final rule differs from the August 2005 NPRM in the following 
significant ways. In the NPRM, NHTSA proposed that the rule apply to 
motor homes and travel trailers with GVWRs greater than 4,536 kg 
(10,000 pounds). This final rule applies to all motor homes and 
recreation vehicle trailers, regardless of GVWR. In the NPRM, NHTSA 
proposed that in determining cargo carrying capacity, that the occupant 
capacity weight be determined. In this final rule, we adopt labels that 
display the maximum weight allotted for both occupants and cargo. In 
the NPRM, NHTSA proposed one location for the permanent label--affixed 
to the interior of the forward-most exterior passenger door on the 
right side of the vehicle. This location has been adopted in the final 
rule. In addition, the final rule permits manufacturers the option of 
placing a temporary label in the specified location and applying an 
identical permanent label in the area of the vehicle specified by FMVSS 
Nos. 110 and 120 for tire information.
    In the NPRM, NHTSA proposed for both FMVSS No. 110 and 120 
vehicles, that if weight greater than 0.5 percent of GVWR is added by 
the dealer before first retail sale, the dealer would be required to 
correct the stated load carrying capacity information. In the final 
rule, the weight has been adjusted to the lesser of 1.5 percent of GVWR 
or 100 pounds.
    Finally, in the NPRM, NHTSA proposed labels with detailed 
information on how the cargo carrying capacity is calculated. In this 
final rule, we adopt labels that have been simplified.

IV. Public Comments and NHTSA's Response

A. Applicability of This Final Rule

    1. Whether the Final Rule Should Apply to All RVs, Not Just to RVs 
with GVWRs Greater Than 4,536 kg (10,000 pounds)--In the NPRM, NHTSA 
proposed that the new labeling rule apply to motor homes and travel 
trailers over 4,536 kg (10,000 pounds). Seymour, the RVDA and the RVIA 
all commented that the proposed RV labeling requirements should not be 
limited to motor homes and travel trailers with GVWRs over 4,536 kg 
(10,000 pounds) but should apply to all RVs.
    RVDA commented that the proposed CCC labels for heavy RVs \4\ 
provide useful information for both consumers and dealers. It argued 
that consumers who purchase light RVs should also have the benefit of 
the same detailed information. RVDA also indicated that if the proposed 
regulatory text was made final, there would be three different labels 
for RVs: (1) Heavy RVs would have the FMVSS No. 120 CCC label which 
would most likely replace the RVIA label; (2) Light RVs would have the 
FMVSS No. 110 tire placard with load carrying capacity information; and 
(3) Most light RVs may also have a more detailed RVIA label. According 
to that organization, these different labels for heavy RVs versus light 
RVs may confuse consumers.
---------------------------------------------------------------------------

    \4\ Throughout this document, ``light RV'' means a recreation 
vehicle with a GVWR of 4,536 kg (10,000 pounds) or less. ``Heavy 
RV'' means a recreation vehicle with a GVWR of more than 4,536 kg. 
Motor homes, travel trailers (as proposed to be defined in the NPRM) 
and recreation vehicle trailers are all subgroups of recreation 
vehicles (RVs).
---------------------------------------------------------------------------

    RVIA commented that the majority of ``travel trailers,'' some 
smaller motor homes and virtually all RV conversion vehicles \5\ have 
GVWRs of 4,536 kg (10,000 pounds) or less and are subject to the FMVSS 
No. 110 load carrying capacity labeling requirements. Travel trailers 
with GVWRs greater than 4,536 kg (10,000 pounds) and most motor homes 
would be subject to the proposed FMVSS No. 120 NPRM CCC label. RVIA 
recommended consistency of the information provided to RV consumers 
regardless of the RV's size. RVIA stated that all RVs regardless of 
their GVWRs have the primary function of providing mobile, temporary, 
on-site living quarters, and all contain residential features such as 
sleeping accommodations, bathrooms, cooking facilities, water storage 
and cargo storage.
---------------------------------------------------------------------------

    \5\ As defined by RVIA, conversion vehicle means vans, SUVs and 
pickup trucks that are manufactured by an automaker, then altered 
for recreational use by a company specializing in customizing 
vehicles.
---------------------------------------------------------------------------

    RVIA cited its 2004 sales statistics that approximately 250,300 RVs 
shipped were light RVs and would be subject to FMVSS No. 110 
requirements, and approximately 112,300 RVs shipped were heavy RVs and 
would be subject to FMVSS No. 120 requirements. RVIA said that if the 
proposed CCC label requirements are limited to heavy RVs, a large 
portion of the overloading problem would not be addressed and different 
labels for different classes of RVs would confuse consumers, minimizing 
the benefits of the new RV labeling requirements.
    Since NHTSA seeks to apply the load carrying capacity label 
requirements most effectively, it has decided to apply the new 
requirements to all RVs that fit the appropriate definitions, 
regardless of GVWR. We believe this is a logical outgrowth of the 
proposal, and note that the request for wider applicability came from 
the RVIA and RVDA which represent approximately 95 percent of the RV 
industry, consisting of many small businesses. As they explained in the 
comments, both light and heavy RVs have similar uses, loading 
characteristics, and overloading issues; a substantial number of RVs 
sold have GVWRs of 4,536 kg (10,000 pounds) or less. Applying this 
final rule to all RVs will require RV load carrying capacity label 
requirements to appear in both Standard Nos. 110 and 120.
    We note that since the August 2005 NPRM was published, amendments 
to Standard Nos. 110 and 120 took effect on September 1, 2005. Before 
the amendments, Standard No. 110 applied to passenger cars and Standard 
No. 120 applied to other vehicles. After the amendments took effect, 
Standard No. 110 applies to vehicles with GVWRs of 4,536 kg (10,000 
pounds) or less, and Standard No. 120 applies to vehicles with a GVWR 
of more than 4,536 kg (10,000 pounds).
    2. Excluding Light RVs from FMVSS No. 110 Labeling Requirements--As 
part of its recommended labeling format, RVIA suggested that light RVs 
be excluded from the labeling requirements of FMVSS No. 110, and RVs 
only be subject to RVIA's suggested format. If adopted, RVIA's 
recommendation would mean that for light RVs, load carrying capacity 
information would not be required on the FMVSS No. 110 tire placard. 
Manufacturers that are RVIA members would place RVIA's suggested small 
label with similar load carrying capacity information in the same area 
as the tire placard.
    NHTSA has decided not to change the existing tire placard 
requirements in

[[Page 68445]]

FMVSS No. 110. Some of these requirements have recently become 
effective and additional amendments are scheduled to become effective 
in the near future. However, in this final rule, NHTSA is adding 
additional language to FMVSS Nos. 110 and 120 in order to accommodate 
the RV load carrying capacity labeling requirements. As more fully 
explained in the section titled ``Location of Labels,'' this final rule 
has an alternative labeling scheme that prevents duplication of 
information when both a tire placard and a motor home OCCC label or RV 
trailer CCC label are located in the same area of the vehicle.

B. Definitions

    1. NPRM--In the August 2005 NPRM, NHTSA proposed that the rule 
apply to motor homes and travel trailers. We proposed to revise the 
definition of ``motor home'' (included in 49 CFR Part 571.3) to refer 
to ``propane'' rather than ``LP gas supply'' and to add a new 
definition of ``travel trailer'' to Part 571.3 as follows:

    Motor home means a multi-purpose vehicle with motive power that 
is designed to provide temporary residential accommodations, as 
evidenced by the presence of at least four of the following 
facilities: Cooking; refrigeration or ice box; self-contained 
toilet; heating and/or air conditioning; a potable water supply 
system including a faucet and a sink; and a separate 110-125 volt 
electrical power supply and/or propane.
    Travel trailer means a trailer designed to be drawn by a vehicle 
with motive power by means of a bumper or frame hitch or a special 
hitch in a truck bed and is designed to provide temporary 
residential accommodations, as evidenced by the presence of at least 
four of the following facilities: Cooking; refrigeration or ice box; 
self-contained toilet; heating and/or air conditioning; a potable 
water supply system including a faucet and a sink; and a separate 
110-125 volt electrical power supply and/or propane.

    2. The Definition of ``Travel Trailer'' and ``Motor Home''--A 
definition of ``travel trailer'' was proposed in the NPRM since the 
majority of heavy RV trailers, including 5th wheel travel trailers and 
all other travel trailers are considered ``travel trailers.'' As more 
fully explained elsewhere in this final rule, since this final rule 
applies the motor home OCCC label and the RV trailer CCC label to all 
RVs regardless of GVWR, the definition must apply to more types of RV 
trailers. NHTSA believes that it is therefore necessary to make the 
trailer term being defined more generic.
    In this final rule, NHTSA changes the term being defined from 
``travel trailer'' to ``recreation vehicle trailer.'' The load carrying 
capacity labeling requirements in this final rule apply to all vehicles 
that meet the definitions of ``motor home'' and ``recreation vehicle 
trailer'' (RV trailer). RV trailers include all towable RVs such as 
folding camping trailers, conventional travel trailers, fifth-wheel 
travel trailers, travel trailers with expansion ends, sport utility RV 
trailers, and all other trailers intended for recreational purposes 
that meet the definition of ``recreation vehicle trailer.''
    Raising similar concerns, NATM commented that the ``travel 
trailer'' definition inadvertently includes ordinary cargo trailers 
with built-in living quarters, trailers that NATM's members (few of 
whom are members of RVIA) build primarily for transporting horses, 
livestock, automobiles and other commercial products. These cargo 
trailers also include four of the six specified facilities NHTSA 
proposed as evidence of temporary living or residential accommodations.
    These ``living quarters'' or facilities are often installed after 
the horse trailer or auto hauler leaves the trailer manufacturer's 
plant. Since these living quarter-equipped cargo trailers are designed 
primarily to haul commercial cargo, their living quarters occupy much 
less floor space than do RV travel trailers. The cargo trailers are not 
labeled to disclose cargo carrying capacity. NATM argued that mandating 
their labeling with a RV trailer CCC label would impose an unnecessary 
burden upon these manufacturers, most of which are small businesses.
    NATM asked NHTSA to revise the proposed definition of ``travel 
trailer'' to include the following exception to the definition: ``* * * 
except trailers designed primarily to transport cargo.'' It argued that 
this more limited definition is fully consistent with the intent of the 
proposed new consumer-labeling requirement.
    NHTSA agrees with NATM that it did not intend the definition of 
``travel trailer'' to include the types of commercial cargo trailers 
that NATM described in its comment. Trailers designed to accommodate 
cargo such as livestock and racing cars usually have ample space and 
GVWR for such cargo, and the space allotted for living quarters is 
incidental. Therefore, in this final rule, the definition of 
``recreation vehicle trailer'' will not include trailers ``designed 
primarily to transport cargo.''
    NHTSA further notes that trailers ``designed primarily to transport 
cargo'' does not include trailers (used for personal purposes) known as 
``sport utility RVs'' or ``toy haulers.'' These trailers usually have 
spacious rather than incidental living quarters and provide a cargo 
area for smaller items for personal use such as motorcycles, mountain 
bikes, all terrain vehicles (ATVs), snowmobiles, canoes or other types 
of recreational gear. NHTSA intends these vehicles to be included in 
definition of ``recreation vehicle trailer'' and be subject to the 
requirements of this final rule.
    RVIA commented that the definition of ``travel trailer'' 
inadvertently excludes some folding camping trailers which collapse 
into a low profile unit in the travel mode. Upon reaching the camping 
destination, the unit when deployed has a ``pop-up'' roof, padded 
sleeping surface extensions and canvas side walls. Some of the smaller 
and less expensive models may not have four of the six specified 
facilities noted in the proposed ``travel trailer'' definition. RVIA 
suggested that these smaller folding camping trailers would be covered 
by modifying the definition of ``travel trailer'' to focus on the 
primary purpose of the trailer, not simply the presence of certain 
amenities alone. Thus, the definition recommended by RVIA would only 
require one of the facilities proposed in the NPRM to be considered a 
``recreation vehicle trailer.''
    NHTSA has decided not to adopt RVIA's comment. The definition for 
``travel trailer'' proposed in the NPRM was fashioned after the 
definition of ``motor home'' at 49 CFR 571.3, and to minimize 
confusion, NHTSA seeks to keep the ``facilities'' and the number of 
facilities needed to provide temporary residential accommodations in 
both definitions consistent.
    In this final rule, the folding camping trailers that are not 
subject to the heavy RV CCC label requirements will have GVWRs of 4,536 
kilograms (10,000 pounds) or less and will be required to have tire 
placard load carrying capacity information required by FMVSS No. 110. 
NHTSA does not believe that the folding camping trailers are 
significantly contributing to the RV overloading problem, as when the 
trailer is folded, there is little room for cargo.
    Finally, in this final rule, ``motor homes'' will include all 
motorized RVs such as Type A motor homes, Type B motor homes, Type C 
motor homes, van conversions, truck conversions, sport-utility 
conversions, and other motor vehicles that meet the definition of 
``motor home.'' There were no comments to the proposed change to the 
``motor home'' definition to refer to propane. Thus, the proposed 
definition of ``motor home'' is adopted as final.
    3. NPRM's Term ``Tongue Load Rating'' for RV Trailers--NATM

[[Page 68446]]

commented that the term ``tongue load rating'' used in the NPRM is not 
recognized in the trailer industry, and recommended that ``measured 
tongue weight'' be used instead. NATM also recommended that S10.2 in 
the proposed regulatory text of FMVSS No. 120 be changed to ``On travel 
trailers, the sum of the GAWRs of all axles on the vehicle plus the 
minimum recommended tongue weight must not be less than the GVWR.'' 
NATM said that manufacturers cannot control the loading patterns of 
end-users and therefore, most manufacturers recommend a range of tongue 
weights for their particular trailer designs.
    RVIA commented that the term ``tongue load rating'' is undefined 
and suggested that the term ``hitch/pin load rating'' be used in place 
of ``tongue load rating'' in the final rule.
    NHTSA agrees that the term ``tongue load rating'' may not be widely 
used in the trailer industry and agrees with the public comments. 
Therefore, in the final rule, NHTSA will make the appropriate changes 
to the regulatory text and will use the terms ``tongue weight'' and/or 
``hitch pin load'' rather than ``tongue load rating.''
    ``Tongue weight'' means the downward force exerted on the ball of a 
hitch by the trailer coupler. In the case of a fifth-wheel travel 
trailer, it is the downward force exerted on the truck bed by the 
trailer. The manufacturer will specify the tongue weight or the tongue 
weight range according to the design of a particular trailer. Tongue 
weights are typically 10 to 14 percent of the trailer's weight; 
however, the range can vary depending on the trailer hitch 
configuration and the number of axles on the trailer. The axle ratings 
of the trailer can be based on the fact that portions of the trailer 
weight will be transferred to the tow vehicle. If a range is specified, 
the axles should be designed to accommodate the worst-case scenario 
which would be when tongue weight is at the minimum portion of its 
range and more weight is shifted to the axles. Consumers should load 
their trailers in a fashion that keeps the tongue weight within the 
range recommended by the manufacturer.

C. GVWR, GAWR and Tire Load Information for Motor Homes and Recreation 
Vehicle Trailers

    1. NPRM--In the NPRM, we proposed to amend FMVSS No. 120 to require 
that the sum of the GAWRs of all the axles on a motor home and that the 
sum of the GAWRs of all the axles on a ``travel trailer'' plus the 
``tongue load rating'' not be less than the GVWR of each respective 
vehicle. We noted that the proposed requirement would not prevent 
individual tires on motor homes and ``travel trailers'' from being 
overloaded.
    In the NPRM, we also proposed to require that the size of the tires 
that are on motor homes and ``travel trailers'' at the time of first 
retail sale be the same size as the tires on the tire label required by 
FMVSS No. 120. FMVSS No. 120 requires certain information on either the 
Part 567 vehicle certification label or on a separate tire information 
label.\6\ Since inflation tire pressure is critical to tire loading, 
the tire label provides the recommended tire size and cold inflation 
pressure for the vehicle. If a different tire is placed on the vehicle, 
it may require a different tire inflation pressure. Consumers may refer 
to the tire label for inflation pressures. If the size of the tire on 
the label and the size of the tire on the vehicle are not the same, the 
consumer may inflate the vehicle's tires to the wrong pressure. In some 
cases, inflating vehicle tires to the wrong pressure can intensify the 
effects of overloading.
---------------------------------------------------------------------------

    \6\ In FMVSS No. 120, S5.3(a) provides the option of including 
tire information on the certification label required by Sec.  567.4 
or Sec.  567.5. In FMVSS No. 120, S5.3(b) provides the option of 
including the tire information on a tire information label affixed 
to the vehicle in the manner, location and form described in 49 CFR 
567.4(b) through (f). Note that Sec.  567(d) applies only to 
trailers.
---------------------------------------------------------------------------

    We also proposed that manufacturers disclose the CCC of motor homes 
and ``travel trailers.'' NHTSA anticipated that consumers would use 
this information both to purchase vehicles with CCCs that will meet 
their needs and as guidance for how they may subsequently load their 
vehicles in a safe manner. However, we did not propose to specify a 
minimum required CCC for any motor home or travel trailer.
    2. Requirement That Heavy RVs be Delivered to the Consumer with the 
Same Size Tires That Are Listed on the Vehicle Certification Label or 
Tire Information Label--As earlier noted, in the NPRM, NHTSA proposed 
to require that RVs with GVWRs of more than 4,536 kilograms (10,000 
pounds) have tires at first retail sale that are the same size as the 
tires listed on the vehicle certification label or tire information 
label. RMA commented that the requirement should read: ``The tires on 
each motor home and travel trailer at first retail sale must have the 
same or greater tire size and load rating as the tire size and load 
rating on the labeling required by S5.3 (of FMVSS No. 120). If the 
tire/wheel assemblies on the motor home or travel trailer at first 
retail sale are heavier than those listed on the required label, the 
additional weight must be added to the unloaded vehicle weight (UVW).''
    RVDA commented that after consulting with many dealers and 
aftermarket suppliers of RVs, it believes a requirement that RVs with 
GVWRs of more than 4,536 kg have tires at first retail sale that are 
the same size as the tires listed on the vehicle certification label or 
tire information label is not a problem in the RV industry for either 
motorized RVs or travel trailers. RVDA's understanding is that if a 
customer requests customized tires or rims on an RV, the dealer can 
only install tires and rims that are the same size as the sizes 
provided on the tire information label. Otherwise, dealers will not 
perform the customization.
    NHTSA notes that the proposed requirement was not intended to 
prevent dealers/service facilities from changing the tire size and 
providing customized tires with vehicles before first retail sale. It 
simply states that the size of the tires on the vehicle at first retail 
sale must agree with the size of the tires listed on the tire 
information label. The dealer may replace the tires and correct or 
replace the tire information label or the vehicle certification label 
to reflect the new tire size so long as the vehicle continues to meet 
all applicable requirements. Therefore, revising the requirement 
according to RMA's suggestion would not be necessary as it is desirable 
that the tire size on the vehicle and the tire size on the label agree.
    With respect to RVDA's comment, NHTSA notes that the dealer/service 
facility may change the tires to a different size as long as the tire 
size information on the label is corrected to agree with the tire size 
on the vehicle at the time of first retail sale and the vehicle 
otherwise continues to meet all applicable requirements. The label 
assures that the consumer will always know the size of the tires that 
were on the vehicle at delivery which presumably is a tire size 
recommended by the vehicle manufacturer. If the replacement tires weigh 
more than the original tires, the additional weight will be included in 
the total weight added between final vehicle certification and first 
retail sale.
    Dealers/service facilities usually correct tire sizes on FMVSS No. 
110 tire placards by either replacing or obscuring the original tire 
placard with an identical tire placard with corrected tire sizes or 
obscuring a portion of the original tire placard with an overlay that 
matches the original tire placard and allows new tire sizes to be 
entered. If the new tire sizes are not machine

[[Page 68447]]

printed on the replacement tire placard or partial overlay and there 
are blanks on these labels, the new tire sizes may be legibly entered 
with a black, indelible, fine-point marker. This final rule does not 
permit crossing out incorrect values and entering new values as a means 
of updating tire sizes. The final rule requires dealers to replace or 
obscure the FMVSS No. 120 tire information label or vehicle 
certification label to reflect the new tire sizes.
    3. Whether the ``Make Inoperative'' Prohibition Applies to the 
FMVSS No. 110 Vehicle Placard and Optional Tire Inflation Pressure 
Label--NHTSA received comments from SEMA, NTEA, NADA and ADA regarding 
how the ``make inoperative'' prohibition applies to the FMVSS No. 110 
tire placard after first retail sale. The comments asked if modifiers 
and repair facilities are required to update and/or replace tire 
placard/labels or whether the requirement ends after first retail sale.
    Recent NHTSA interpretations issued to NMEDA, SEMA and Bruno on 
April 7, 2006, explain that it would not be a violation of the 49 
U.S.C. Sec.  30122 ``make inoperative'' prohibition, with respect to 
S4.3 of FMVSS No. 110, if modifiers change the vehicle's tire size, 
cold inflation pressure, and/or cargo capacity rating after first 
retail sale and do not update the tire placard.
    In evaluating this question, NHTSA focused on the language of S4.3 
of FMVSS No. 110. One of the items of safety information required by 
S4.3 is identified in paragraph (d), which reads:

    Tire size designation, indicated by the headings ``size'' or 
``original tire size'' or ``original size,'' and ``spare tire'' or 
``spare,'' for the tires installed at the time of the first purchase 
for purposes other than resale. For full size spare tires, the 
statement ``see above'' may, at the manufacturer's option replace 
the tire size designation. If no spare tire is provided, the word 
``none'' must replace the tire size designation;'' [Emphasis added.]

The agency thus stated that the requirement for one of the critical 
items of safety information to be provided on the tire placard is 
specifically expressed in terms of the ``tires installed at the time of 
first purchase for purposes other than resale.'' NHTSA also noted that 
there is a relationship between a number of the items required to be 
specified on the tire placard.
    NHTSA further observed that regardless of what changes a modifier 
may make to a vehicle, it does not change the size of the tires that 
were installed at the time of the first purchase for purposes other 
than resale (the information S4.3 of FMVSS No. 110 requires to be on 
the placard). Given this, and recognizing the relationship between a 
number of the items required to be specified on the tire placard, NHTSA 
expressed its opinion that it would not be a violation of the Section 
30122 ``make inoperative'' provision, with respect to S4.3 of FMVSS No. 
110, if modifiers change the vehicle's tire size, cold inflation 
pressure, and/or cargo capacity rating, but do not update the tire 
placard.\7\
---------------------------------------------------------------------------

    \7\ In the interpretation letter, NHTSA went on to note that the 
potential inconsistency between the information on the placard and 
the actual vehicle could be ``misleading and dangerous to vehicle 
operators.'' Thus, NHTSA encouraged any party that modifies a used 
vehicle ``so that the tire safety information is no longer accurate 
to either add a new label to the vehicle which indicates the correct 
tire safety information or add a warning label * * * indicating that 
the tire safety information placard is no longer accurate.''
---------------------------------------------------------------------------

    Similarly, the requirement to correct the weight value that the 
weight of occupants and cargo should never exceed on the motor home 
OCCC label or the value that the weight of cargo should never exceed on 
the RV trailer CCC label ends after first retail sale. After first 
retail sale, it is up to the consumer to subtract any weight added 
after first retail sale from the vehicle's load carrying capacity.
    NHTSA notes, however, that in accordance with 49 CFR 595.7, 
businesses that modify vehicles to accommodate people with disabilities 
must provide the vehicle owner with a document that indicates any 
reduction in the load carrying capacity of a vehicle of more than 100 
kg (220 lb) after the modifications are complete.

D. Determining Occupant Capacity Weight

    1. NPRM--In the NPRM, NHTSA stated that in order to determine the 
CCC of a motor home, the occupant capacity weight (OCW) must be 
determined. The OCW is then grouped with the other weight factors (such 
as weight of full fresh water, propane and the unloaded vehicle weight) 
that must be subtracted from the vehicle's GVWR in order to determine 
the portion of the GVWR available for carrying cargo. Therefore, in the 
NPRM, NHTSA proposed that the greater of the total number of safety 
belt-equipped seating positions or the total number of sleeping 
positions be multiplied by 68 kilograms (150 pounds) to determine the 
OCW. This OCW value would be used to determine the weight of maximum 
occupants for the motor home. NHTSA believed that this method would 
capture the worst-case OCW scenario in order to prevent the possibility 
of overloading.
    2. RV Occupant Capacity Weight (OCW) and the Weight of a Standard 
Occupant--Seymour agreed with NHTSA, commenting that since families 
often carry a tent or tow a travel trailer for children, basing the OCW 
strictly on the number of sleeping positions does not necessarily 
reflect the number of passengers who will be traveling in the vehicle. 
Seymour further commented that the allocation of 68 kg (150 pounds) per 
person in the standard is an underestimate and will lead to 
overloading.
    Walker also agreed with the NHTSA proposal, commenting that the use 
of only sleeping positions to determine the number of occupants the RV 
is intended to carry undermines the entire cargo carrying capacity 
calculation. The number of occupants a motor home is intended to carry 
must also be based on the number of seats provided. Basing the OCW 
calculation strictly on sleeping positions allows manufacturers to 
boost the available cargo carrying capacity and increases the 
likelihood that the RV will be operated in an overloaded condition when 
seating positions are fully occupied. Walker recommended the practice 
be prohibited.
    RMA commented that labeling and/or instructions should indicate 
that cargo weight could be substituted for occupant weight if fewer 
than maximum occupants are transported. Consumers would thus get 
maximum use out of their available load carrying capacity. RMA also 
commented that the weight allocation of 68 kg (150 pounds) per occupant 
is low.
    RVIA commented that in virtually every case, the total safety belt-
equipped seating positions in a motor home will be greater than the 
number of sleeping positions. NHTSA's method of determining OCW assumes 
that all safety belt-equipped seating positions will always be occupied 
when determining the vehicle's cargo carrying capacity. RVIA stated 
that while it is certainly possible, it is unrealistic and counter-
productive to presume that this is always the case. That organization 
argued that, consequently, the consumer will be misled by an 
inaccurately low cargo carrying capacity value whenever there are fewer 
passengers in the vehicle than there are safety belt-equipped seating 
positions. In its comments, RVIA suggested alternative labels to avoid 
this confusion and permit consumers to arrive at a more accurate load 
carrying capacity value for their particular loading situation.
    In response to the comments, NHTSA notes that its proposed 
definition for OCW intended to capture the maximum OCW for a motor 
home, ensuring that a vehicle with maximum occupants would not be 
overloaded. NHTSA

[[Page 68448]]

envisioned that consumers would use the information on the label to 
determine the amount of additional cargo carrying capacity that exists 
when fewer than maximum occupants are transported. In this rulemaking, 
NHTSA used an occupant weight of 68 kg (150 pounds), as it is a value 
currently used throughout the FMVSS. The selection of a new, different 
value would require research.
    As discussed in the section on label content and format, in this 
final rule, NHTSA adopts labels that display the total, maximum weight 
allotted for occupants and cargo. Adoption of the abbreviated format 
(that displays the total, maximum weight for occupants plus cargo) 
supersedes the need to define individually OCW or the standard weight 
of an occupant. The abbreviated format, as suggested by RVIA, permits 
consumers to get maximum use of their available load carrying capacity 
as the weights of occupants and cargo (including on-board water) are 
based on actual quantities. In addition, it permits manufacturers to 
state their actual load carrying capacity for occupants and cargo 
instead of understating the cargo carrying capacity value.

E. Location of Labels

    1. NPRM--To promote a consistent label location, which may increase 
the number of times consumers see the label and thus increase label 
effectiveness, in the NPRM, we proposed that the label be affixed to 
the interior of the forward-most exterior passenger door on the right 
side of the vehicle and be visible. Such a door is used repeatedly when 
entering, exiting, and loading the vehicle. In addition, such a door 
will have the surface area to accommodate the size of the required 
label.
    2. Revised RV Load Carrying Capacity Labels--In its comments, the 
RVIA suggested a revised labeling format that would require each RV to 
have information in three locations: (1) An abbreviated label in 
locations similar to those specified for tire information under FMVSS 
Nos. 110 and 120; (2) a more detailed label that would be placed on the 
inside of a prominent cabinet door in the living quarters of the 
vehicle; and (3) information in the vehicle owner's manual.
    NHTSA agrees, in part, with the revised format suggested by RVIA. 
NHTSA believes that the most important time for RV purchasers occurs at 
the point-of-sale. Those who are not exposed to the correct load 
carrying capacity information and those who see the load carrying 
capacity information but do not understand it could follow through with 
their purchase uninformed of the vehicle's load carrying capacity. It 
is not until after the vehicle is purchased and in use that overloading 
issues are realized. Then, consumers may experience unexplained control 
problems, premature tire wear, tire blowouts, rim failures, suspension 
component failures, and other issues. For these reasons, NHTSA remains 
in favor of a single label requirement providing concise information in 
a prominent location on the vehicle. Based on comments to the NPRM, in 
this final rule, NHTSA will supplement the RVIA's suggested abbreviated 
label with additional information, and will make them the only labels 
required.
    3. Label Locations for Heavy RVs and All Light Vehicles--In the 
NPRM, NHTSA proposed that the CCC labels be affixed to the interior of 
the forward-most exterior passenger door on the right side of the 
vehicle. NHTSA stated its belief that such a door will be heavily used 
while loading cargo giving the label maximum exposure. Also, since such 
a location is not crowded with other labels, the CCC labels would be 
more recognizable and would have a higher probability of being noticed 
by the consumer during the sale of the vehicle.
    Walker commented that the CCC label should be placed in a location 
similar to the ``sticker'' label placed uniformly on a conspicuous 
window on new cars. Then a permanent label could be placed in a 
prominent location elsewhere on the vehicle. He also commented that RV 
sale documents should have a required acknowledgement referencing the 
aspects of weight, overloading and add-ons. NHTSA notes that the 
location recommended by Walker is already the location for information 
required by the Automobile Information Disclosure Act (AIDA) (15 U.S.C. 
1231-1233). Adding the CCC label to the AIDA location could confuse 
potential customers with additional information that is not related to 
AIDA requirements. Matters involving RV sales documents are subject to 
State law, and are outside the scope of this rulemaking.
    RVDA asked NHTSA to provide RV manufacturers with reasonable 
flexibility in label placement. RVDA stated that RV floor plans for 
motorized RVs and travel trailers vary widely. Some motorized RVs do 
not have driver-side or passenger-side front doors that enter into the 
living quarters of the vehicle. In some RVs, occupants enter from the 
back and in others, occupants enter from the front door to the cab 
area. RVDA further stated that some RVs have extensive trim packages 
covering the door while others have glass doors and screen doors where 
the labels would be placed. RVDA said that in most situations the label 
would likely be located in the middle of the living room/kitchen which 
may result in the consumer removing it or covering it up.
    RVIA had comments similar to those from RVDA. RVIA commented that 
NHTSA's proposed requirement would mean that most RVs would have a 
large, technical, aesthetically displeasing, stick-on label in the 
midst of the owner's living quarters. RVIA also commented that the 
proposed label location fails to take Type C and Type B motor homes 
into consideration. For instance, Type C motor homes are typically 
built on a modified truck chassis and Type B motor homes are typically 
built on a full sized van chassis. For such vehicles, the forward-most 
exterior passenger door on the right side of the vehicle is the typical 
vehicle style door providing access to the front passenger seat. RVIA 
stated that given the presence of arm rests, map compartments, beverage 
holders, speakers, windows and window controls, it may be difficult to 
find a place that will accommodate the label on the tens of thousands 
of Type C and B motor homes built each year.
    NHTSA believes that in order to be as effective as possible, the 
label must be seen by the consumer during the sale of the vehicle, and 
that the label would be more visible in the location specified in the 
NPRM than it would be on the ``B'' pillar, on the inside of a cabinet 
door or in the vehicle owner's manual. If, due to aesthetics, the 
specified location \8\ results in the label looking intrusive, the 
label will stand out to consumers. Since the information on the label 
specified in this final rule is more concise than that specified in the 
NPRM, the label is potentially physically smaller and should not 
present as much of an aesthetic problem as the label proposed in the 
NPRM.
---------------------------------------------------------------------------

    \8\ For the purposes of this document, ``specified location'' 
means the interior of the forward-most exterior passenger door on 
the right side of the vehicle.
---------------------------------------------------------------------------

    If there are two doors installed in the same location, the 
temporary or permanent load carrying capacity label must be affixed to 
the inside of the innermost door. For example, many RVs have an inner 
screen door and outer solid door hinged in the same location. The doors 
can be used individually or can be latched together and used as a 
single door. The label must be affixed to the inside solid portion of 
the inner screen door so it will be visible at all times. If it were 
placed on the inside of the solid door, the label could be hidden

[[Page 68449]]

when the doors are latched together or would be viewed through 
screening. On Type B and Type C motor homes, the temporary or permanent 
load carrying capacity label will be placed on the inside of the 
passenger door to the cab of the vehicle.
    Therefore, this final rule specifies the same location as that 
proposed in the NPRM (interior of the forward-most exterior passenger 
door on the right side of the vehicle). It should be noted, however, if 
there are two doors installed in the same location, the temporary or 
permanent load carrying capacity label must be affixed to the inside of 
the inner-most door. For example, many RVs have an inner screen door 
and outer solid door hinged in the same location. The doors can be used 
individually or can be latched together and used as a single door. The 
label must be affixed to the inside solid portion of the inner screen 
door so it will be visible at all times. If it were placed on the 
inside of the solid door, the label could be hidden when the doors are 
latched together or would be viewed through screening. On Type B and 
Type C motor homes, the temporary or permanent load carrying capacity 
label will be placed on the inside of the passenger door to the cab of 
the vehicle. Also, if no doors exist on the right side of the vehicle, 
the permanent or temporary load carrying capacity label will be placed 
on the inside of the inner door on the rear of the vehicle.
    However, in order to provide flexibility in situations where this 
location may create a label that is overly obtrusive for vehicle users, 
in this final rule, NHTSA permits manufacturers the option of placing a 
temporary label in the specified location and applying an identical 
permanent label in the area of the vehicle specified by FMVSS Nos. 110 
and 120 for tire information. This approach places the information in a 
prominent location during the sale of the RV yet allows the label to be 
removed by the consumer after purchase if aesthetically displeasing. In 
such cases, an identical label will remain permanently affixed in the 
same area specified for tire information.
    NMMA recommended a ``Plain English'' Guide that explains this final 
rule's labeling requirements to manufacturers and dealers. Appendix A 
of this final rule (following the final rule regulatory text) 
summarizes the label requirements for various vehicle/GVWR 
combinations.
    4. Location of the FMVSS No. 110 Load Carrying Capacity 
Modification Label--The Alliance noted that the NPRM provisions would 
require the load carrying capacity modification label to be placed 
within 25 mm of the tire placard when the load carrying capacity 
modification label is used to correct load carrying capacity 
information. It requested that in cases where there is no room for the 
load carrying capacity modification label within 25 mm of the tire 
placard, that the rule allow the load carrying capacity modification 
label to be placed in any location allotted for the tire placard. In 
such cases, a small label near the tire placard could refer the 
consumer to the other location.
    In this final rule NHTSA has clarified that the tire placard, as 
well as other sources of load carrying capacity information may be 
corrected by replacing/modifying existing labels or adding the load 
carrying capacity modification label within 25 mm of the tire placard 
or original labeling. There are many location alternatives offered by 
FMVSS No. 110 at S4.3 for tire placard placement.\9\ It is suggested 
that a location be selected where there is room for placement of the 
load carrying capacity modification label within 25 mm if necessary.
---------------------------------------------------------------------------

    \9\ S4.3 Placard of FMVSS No. 110 states in part: ``Each vehicle 
* * * shall show the information specified * * * on a placard 
permanently affixed to the driver's side B-pillar. In each vehicle 
without a driver's side B-pillar and with two doors on the driver's 
side of the vehicle opening in opposite directions, the placard 
shall be affixed on the forward edge of the rear side door. If the 
above locations do not permit the affixing of a placard that is 
legible, visible and prominent, the placard shall be permanently 
affixed to the rear edge of the driver's side door. If this location 
does not permit the affixing of a placard that is legible, visible 
and prominent, the placard shall be affixed to the inward facing 
surface of the vehicle next to the driver's seating position. * * 
*''
---------------------------------------------------------------------------

    For example, the manufacturer of a light RV that applies a 
temporary OCCC or RV trailer CCC label in the specified location 
(visible on the interior of the forward-most exterior passenger door on 
the right side of the vehicle) knows that there must be room within 25 
mm of the tire placard for two labels. One is a permanent RV trailer or 
motor home supplemental label which will be installed by the 
manufacturer itself. The other is a permanent load carrying capacity 
modification label that may have to be installed by the dealer or 
service facility if the added weight threshold is exceeded. Therefore, 
the vehicle placard should be placed in an area of the ``B'' pillar 
where there is room for these labels. If the manufacturer of the light 
RV is placing a permanent OCCC or RV trailer CCC label in the specified 
location, then it is only required to assure that there is room for a 
possible load carrying capacity modification label within 25 mm of the 
tire placard in case it must be applied by the dealer or service 
facility if the added weight threshold is exceeded. If there is no room 
for the dealer to apply a modification label near the placard, then the 
placard must be modified or replaced. NHTSA declines to permit non-
substantive labels that only direct consumers to the location of other 
labels.

F. Label Format and Content

    1. NPRM--In the NPRM, we stated that we seek to provide purchasers 
of motor homes and travel trailers with information about the vehicles' 
CCC. NHTSA stated its belief that the labels should also provide 
consumers with a detailed explanation of how the CCC is calculated, 
thus enabling each consumer to adjust the values according to their 
particular applications. For example, if there are only two occupants 
riding in a motor home designed for six occupants, there would be more 
capacity for cargo. NHTSA proposed a label similar to the RVIA label 
that is currently voluntarily used by many companies. Although RVIA 
requires its labels on all member-manufactured RVs, in the NPRM, NHTSA 
proposed labels only for heavy RVs as it believed, at the time, that 
these heavier vehicles were more susceptible to overloading.
    NHTSA also stated its belief that the proposed label formats have 
information consumers can use while comparison shopping for motor homes 
or travel trailers. The labels would also serve as a reference to 
recreational vehicle owners when the owners are loading cargo.
    NHTSA proposed that the label for travel trailers would include the 
trailer tongue load rating and the statement: ``The weight of cargo 
should never exceed XXX kilograms (XXX pounds)'' in black lettering on 
yellow background. The travel trailer manufacturer would be responsible 
for determining the trailer tongue load rating and the cargo carrying 
capacity of its travel trailer, and for providing this information on 
its travel trailer label.
    NHTSA proposed that the label for motor homes would include the 
statement: ``The combined weight of occupants and cargo should never 
exceed XXX kilograms (XXX pounds)'' in black lettering on yellow 
background. This statement is the same as that required for vehicles 
with GVWRs of 4,536 kilograms (10,000 pounds) or less under the 
required FMVSS No. 110 vehicle placard, which became effective on 
September 1, 2005. The motor home manufacturer would be responsible for 
determining the cargo carrying capacity of its motor home, and for 
providing

[[Page 68450]]

this information on its motor home label.
    All information on each of the proposed motor home and travel 
trailer labels would be required to be a minimum print size of 2.4 
millimeters (\3/32\ inches) high and be printed on a contrasting 
background. The weights on the label would be required to be displayed 
to the nearest kilogram (with conversion to the nearest pound in 
parentheses) and must reflect the particular weight specifications of 
the motor home or travel trailer to which it is affixed as the vehicle 
leaves the factory.
    It was proposed that both labels advise the purchaser that the 
weight of any dealer-installed equipment must be subtracted from the 
manufacturer's value of CCC and advise consumers to load cargo 
appropriately to prevent non-uniform side-to-side and forward-aft 
loading. In the case of motor homes, it was proposed that the label 
contain the weight of the maximum hitch load and the advice that the 
``tongue weight'' of trailers or vehicles being towed also subtracts 
from the manufacturer's value of CCC. If the motor home was not 
delivered with a hitch, this block would be left blank.
    NHTSA did not propose that the label refer to the owner's manual, 
but did not propose to prohibit manufacturers from adding references on 
the label that refer to specific information included in the owner's 
manual.
    2. Revised RV Load Carrying Capacity Labels--In its comments to the 
NPRM, RVIA suggested a revised labeling format that would require 
varied information in three locations. RVIA's suggested format would 
require each RV to have an abbreviated label, a more detailed label and 
information in the vehicle owner's manual. Under the RVIA revised 
format, an abbreviated label would appear on each motorized and towable 
RV in locations similar to those specified for tire information under 
FMVSS Nos. 110 and 120. This abbreviated label was intended to provide 
essential information in a visible location. The abbreviated label for 
motorized RVs would contain the VIN, the maximum weight value allotted 
for occupants and cargo and a referral to the vehicle owner's manual 
for additional information. The abbreviated label for towable RVs would 
be similar to the motor home label except that it would display the 
maximum weight value allotted for cargo only, as occupants do not 
normally ride in a towed RV.
    In addition, RVIA's recommended revised format would require more 
detailed labels that would be placed on the inside of a prominent 
cabinet door in the living quarters of the vehicle. The more detailed 
labels for motor homes and towable RVs would repeat the information 
that appears on the abbreviated labels; however, it would also provide 
the definitions of GVWR, UVW and CCC and the designated sleeping 
capacity (for motor homes). In addition, the more detailed labels would 
provide advisory statements on the effects of dealer installed 
equipment on CCC and the distribution of cargo.
    Also, under the revised format suggested by RVIA, each RV would be 
required to have information in the vehicle owner's manual. RVIA 
recommended that vehicle owner's manuals contain the information 
provided on both the abbreviated and more detailed labels, as well as, 
information about the loading of cargo, how to weigh a vehicle, towing 
guidelines and additional definitions.
    The revised RVIA format also suggested that the weight of full 
propane be included in the vehicle's UVW weight and the weight of on-
board water be treated as cargo.
    NHTSA agrees, in part, with the revised format suggested by RVIA in 
its comments. However, as stated earlier, NHTSA favors a single label 
requirement with concise information in a prominent location on the 
vehicle. The final rule specifies the minimum information necessary to 
help consumers make informed RV purchasing decisions.
    Thus, the motor home label will include the VIN and the weight 
value that the combined weight of occupants and cargo should never 
exceed. To this, in this final rule, NHTSA adds requirements for the 
safety belt equipped seating capacity (number of safety belt equipped 
seating positions), the weight of a full load of water, the unit weight 
of water and an advisory that the weight of water and towed vehicle 
tongue weight is part of cargo \10\.
---------------------------------------------------------------------------

    \10\ Throughout this document, this label will be known as the 
motor home occupant and cargo carrying capacity label or the motor 
home OCCC label.
---------------------------------------------------------------------------

    The label for RV trailers will include the VIN and the weight value 
that the weight of cargo should never exceed. To this, in this final 
rule, NHTSA adds the weight of a full load of water, the unit weight of 
water and a caution that the weight of water is part of cargo.\11\
---------------------------------------------------------------------------

    \11\ Throughout this document, this label will be known as the 
RV trailer cargo carrying capacity label or the RV trailer CCC 
label.
---------------------------------------------------------------------------

    Information about on-board water weight is important because filled 
water tanks can be a significant portion of the vehicle's total cargo 
capacity. The safety belt equipped seating capacity is provided because 
the combined weights of motor home occupants is part of the load 
carrying capacity equation.
    These labels will follow RVIA's suggestions that the weight of a 
full load of propane be included in the vehicle's UVW and the weight of 
on-board water be treated as cargo. It is not easy to determine the 
weight of partially filled propane tanks and propane is usually not 
off-loaded to make room for additional cargo. Therefore, it is less 
confusing to include the weight of full propane in the UVW. The level 
of on-board water can be assessed by the consumer. Campgrounds often 
provide water hook-ups, making it unnecessary to carry water. In such 
cases, the absence of water provides more capacity for cargo.
    The load carrying capacity information provided on these 
abbreviated labels for RVs is also consistent with the FMVSS No. 110 
load carrying capacity information required on the tire placards of 
light vehicles. NHTSA believes that the motor home OCCC label and the 
RV trailer CCC label specified in this final rule promotes commonality 
of load carrying capacity information between light vehicles and heavy 
RVs and provides concise, essential, non-confusing information to 
consumers.
    The information provided by these labels is the information 
consumers need for a quick assessment of a RV's load carrying capacity. 
Providing load carrying capacity information in this simple form 
requires that consumers only think about the total weight of occupants, 
cargo and on-board water for motor homes and the total weight of cargo 
and on-board water for RV trailers. The definitions and other 
information on the labels originally proposed in the NPRM are not 
needed for a quick assessment of load carrying capacity. Manufacturers 
can provide additional information voluntarily in the vehicle owner's 
manual. This simple format allows consumers to easily arrive at a more 
accurate load carrying capacity value for a particular trip as the 
weight of occupants and on-board water are based on actual quantities 
and are not automatically based on maximum capacities.
    NHTSA believes that by specifying one concise, visible label it is 
unnecessary to require the additional more detailed label on the inside 
of a cabinet door in the living quarters of the vehicle or the 
additional information in the vehicle owner's manual as suggested by 
RVIA. The advisory regarding dealer installed equipment that appeared 
on the CCC labels proposed in the NPRM

[[Page 68451]]

is addressed by the load carrying capacity modification label required 
by this final rule. Definitions are not necessary for consumers to 
understand the simple statement of occupant and cargo limitations on 
the label. Also, the need to specify the number of designated sleeping 
positions has been made moot.
    The vehicle owner's manual information suggested by RVIA would also 
repeat information from the abbreviated and more detailed labels, 
including definitions not needed for the load carrying capacity 
determination and other general requirements. Such additional 
information can be provided to consumers in ways determined by 
manufacturers and organizations such as the RVIA.
    For these reasons, the labels specified in this final rule are as 
follows:
[GRAPHIC] [TIFF OMITTED] TR04DE07.040

[GRAPHIC] [TIFF OMITTED] TR04DE07.041

G. Addition of Weight to FMVSS No. 110 Vehicles and to FMVSS No. 120 
Motor Homes and Travel Trailers Between Vehicle Certification and First 
Retail Sale of the Vehicle

    1. Proposal Concerning FMVSS No. 110--September 1, 2005 was the 
effective date of an amendment to FMVSS No. 110, Tire selection and 
rims, which requires manufacturers to affix a tire placard to the 
vehicle's driver-side B-pillar or to the edge of the driver's door (if 
no B-pillar exists) which adds the statement: ``The combined weight of 
occupants and cargo should never exceed XXX kg or XXX lbs.'' to the 
information previously required on the existing tire placard. Vehicle 
manufacturers are required to disclose the amount of weight carrying 
capacity that is available on the vehicle for passengers and cargo. The 
vehicle manufacturer installs this label when the vehicle is certified.
    Manufacturers and dealers have inquired as to what must be done 
when optional equipment and accessories are added to a vehicle before 
first retail sale, which increases the vehicle's weight and decreases 
the weight allotted for passengers and cargo. NHTSA's response to such 
inquiries has been that the label must be replaced as necessary so that 
the vehicle has a label with accurate information. NHTSA believes, 
however, that small increases in weight are insignificant. Moreover, 
requiring dealers to reprint labels with new information each time a 
small amount of weight is added to a vehicle is unnecessarily 
burdensome.
    To address these issues, in the NPRM, NHTSA proposed that for FMVSS 
No. 110 vehicles, if weight equal to or less than 0.5 percent of gross 
vehicle weight rating (GVWR) is added by the dealer before first retail 
sale, no additional action is required. If weight greater than 0.5 
percent of GVWR is added by the dealer before first retail sale, the 
dealer would be required to add a label to the vehicle within 25 
millimeters (1 inch) of the FMVSS No. 110 tire placard, which discloses 
the total weight of added items to the nearest kilogram (pound). NHTSA 
proposed that the label be visible when the FMVSS No. 110 tire placard 
is read. The label as proposed included blank spaces that represent the 
value for total added weight. The total added weight would be provided 
by the dealer when it installs optional accessories and equipment in 
excess of 0.5 percent of the vehicle's GVWR. To fill out the blank 
spaces, the dealer need only know the total weight effect of added 
items. NHTSA stated its belief that dealers can provide the information 
without weighing vehicles.
    2. Proposal Concerning FMVSS No. 120--In the NPRM, NHTSA stated its 
belief that the proposed changes to FMVSS No. 110 concerning additional 
dealer-added weight are also appropriate for FMVSS No. 120. In the 
NPRM, NHTSA proposed that the same method proposed for FMVSS No. 110 
vehicles above also be used for motor homes and travel trailers in 
FMVSS No. 120. If weight equal to or less than 0.5 percent of GVWR is 
added by the dealer to an FMVSS No. 120 motor home or travel trailer 
between certification and first retail sale, no additional action is 
required. If weight greater than 0.5 percent of GVWR is added by the 
dealer to a FMVSS No. 120 motor home or travel trailer between 
certification and first retail sale, the dealer would be required to 
add the following label within 25 millimeters (1 inch) of the FMVSS No. 
120 motor home or travel trailer cargo carrying capacity label which 
discloses the total weight of added items to the nearest kilogram 
(pound). It was proposed that the label be visible when the FMVSS No. 
120 motor home or travel trailer cargo carrying capacity label is read.
    The label as proposed included blank spaces that represent the 
value for total added weight. The total added weight would be provided 
by the dealer when it installs optional accessories and equipment in 
excess of 0.5 percent of the vehicle's GVWR. To fill out the blank 
spaces, dealers need only know

[[Page 68452]]

the total weight effect of added items. NHTSA stated its belief that 
dealers can provide the information without weighing vehicles.
    3. Comments and Decision Concerning Weight Added to Heavy RVs and 
All Light Vehicles After Final Vehicle Certification and Before First 
Retail Sale--NHTSA received comments from numerous sources arguing that 
the proposed 0.5 percent GVWR threshold for relabeling requirements to 
be triggered was too low. Most commenters suggested that the threshold 
be the lesser of 3 percent GVWR or 100 kg (220 lb). This suggested 
threshold was based on the 49 CFR 595.7 threshold afforded to those who 
modify vehicles to accommodate persons with disabilities. NMEDA 
suggested that the threshold be 20 percent of the vehicle's load 
carrying capacity. RMA commented that weight equivalent to 0.5 percent 
of the vehicle's GVWR should be added to the vehicle's UVW which would 
automatically accommodate add-ons. NATM indicated that trailer 
manufacturers understate the load carrying capacity of trailers so 
dealers would not have to worry about optional equipment installed.
    Toyota commented that the proposal for adding the load carrying 
capacity modification label to correct load carrying capacity 
information when weight is added is burdensome to passenger vehicle 
manufacturers, distributors and dealers due to the large number of 
potential labels. The number of combinations of vehicle model weights, 
optional equipment and accessories greater than the threshold is large. 
The number of labels required to accommodate all of the various 
combinations of weights will be in the thousands.
    Many of the commenters asked NHTSA to clarify the following issues: 
To whom the threshold applies; whether CCC information must be 
corrected when vehicle weight is reduced and load carrying capacity is 
increased; whether the shipping weight of added items can be used to 
update load carrying capacity values; and whether the label can still 
be updated or replaced in lieu of applying the load carrying capacity 
modification label.
    As previously mentioned, the purpose of the load carrying capacity 
modification label and its applicability threshold is to relieve 
dealers/service facilities from having to correct load carrying 
capacity information when insignificant amounts of weight are added to 
light vehicles and heavy RVs between final vehicle certification and 
first retail sale. It is also necessary to keep the load carrying 
capacity information reasonably accurate when significant amounts of 
weight are added to light vehicles and heavy RVs between final vehicle 
certification and first retail sale. It is anticipated that dealers/
service facilities that handle vehicles such as RVs may have to correct 
the load carrying capacity information when equipment such as awnings, 
generators, spare water tanks, and spare fuel tanks are added between 
final vehicle certification and first retail sale. It is anticipated 
that dealers/service facilities that handle vehicles such as passenger 
cars will not have to correct load carrying capacity information very 
often.
    In response to the many comments arguing that the threshold value 
is too low, NHTSA has reconsidered the threshold for labels concerning 
reductions in load carrying capacity. For the following reasons, we are 
raising the threshold to the lesser of 1.5 percent GVWR or 45.4 kg (100 
pounds) to distinguish between common transactions for trailer hitches 
and less common transactions causing larger changes in load carrying 
capacity.
    The most commonly installed heavy item by dealers before first 
retail sale is a heavy duty Class IV trailer hitch for a pickup truck. 
Such hitches have an advertised shipping weight of less than 36.3 kg 
(80 lbs). A relatively small pickup truck for this hitch application 
would have a GVWR of 2721.6 kg (6000 lbs) or greater. This installation 
would involve equipment representing 1.33 percent of the vehicle's GVWR 
or less. However, 5th wheel hitches which are much heavier would still 
exceed the threshold.
    We believe the threshold for added equipment weight of the lesser 
of 1.5 percent of GWVR or 100 pounds relieves passenger vehicle dealers 
of the responsibility for label changes in the vast majority of 
equipment sales without creating a practical safety problem. A vehicle 
with the maximum weight of added equipment of 1.5 percent of GVWR when 
also loaded to the maximum weight of passengers and cargo specified in 
the original label could exceed the tire load rating by 1.5 percent as 
a worst case. However, NHTSA tire research (for example, Docket NHTSA 
2000-8011 item 22) shows that fully inflated tires are not very 
sensitive to small overloads. Even in a high speed test rigorous enough 
to fail a third of the tire samples, tires that were slightly 
overloaded (taking into consideration the curvature of the test wheel) 
performed comparably to a sample of the same tire make/models with 10 
percent less load.
    NHTSA does not favor basing the threshold on a percentage of load 
carrying capacity because that does not yield a predictable limit on 
the slight overload that becomes possible, as in the case of a 
threshold tied to GVWR. Although NHTSA would prefer that the load 
carrying capacity information be as accurate as possible, there is no 
requirement that prevents manufacturers from understating the load 
carrying capacity value.
    Therefore, if the total combined weight added between final vehicle 
certification and first retail sale exceeds the lesser of 1.5 percent 
of the vehicle's GVWR or 100 pounds, the load carrying capacity 
information must be corrected. This threshold applies to those who add 
weight to a light vehicle or heavy RV after the final vehicle 
certification and before first retail sale.
    The load carrying capacity modification label which shows the 
amount by which the load carrying capacity is reduced is also available 
to alterers of light vehicles. However, if after the alteration, the 
vehicle qualifies as a motor home or RV trailer, the alterer is 
required to apply the motor home OCCC label or RV trailer CCC label as 
specified in this final rule.
    Manufacturers that build heavy RVs are required to install a motor 
home OCCC label or RV trailer CCC label which will provide accurate 
load carrying capacity information for each vehicle as it is shipped to 
the dealer. The load carrying capacity modification label/compliance 
threshold is then available to dealers/service facilities that add 
additional weight between final vehicle certification and first retail 
sale.
    When a dealer/service facility adds weight that exceeds the lesser 
of 1.5 percent GVWR or 100 pounds, the load carrying capacity 
information on the motor home OCCC label or the RV trailer CCC label 
and the tire placard (if a light vehicle) must be corrected. The 
dealer/service facility may accomplish this by label replacement, label 
modification, or the addition of the load carrying capacity 
modification label near the original label/tire placard.
    Replacement labels must be identical to the labels being replaced 
except for the corrected values. Label modification must be 
accomplished by a pre-printed overlay which, when applied, obscures the 
original values while maintaining the original appearance of the label 
or tire placard. The overlay may have blanks where the original values 
were, and corrected values may be legibly written in the blanks of the 
overlay with a black, fine-point, indelible marker. Original labels 
cannot be modified simply by crossing out incorrect values

[[Page 68453]]

on the original label/placard and writing in new values on the original 
placard.
    If the load carrying capacity modification label option is used, 
the modification label must be placed within 25 mm of the original 
label it is modifying. Added load carrying capacity modification labels 
may be pre-printed with the load carrying capacity values blank, and 
the correct load carrying capacity values may be legibly printed on the 
label with a black, fine point, indelible marker at the time it is 
applied.
    Because the ``handwritten'' method has proved to be successful in 
the past, we believe that permitting the ``handwritten'' method for the 
load carrying capacity modification label will provide consumers with 
necessary information. Machine printed load carrying capacity 
modification labels with corrected machine printed values could 
potentially better ensure legibility than labels with handwritten 
corrected values. However, we believe requiring only machine printed 
(including corrected values) load carrying capacity modification labels 
would result in unnecessary cost burdens. Manufacturers such as Ford 
have successfully used the ``handwritten'' method to allow dealers to 
correct vehicle tire information when customers request different tires 
before first retail sale.
    Manufacturers are not prohibited from using load carrying capacity 
modification labels with machine printed corrected values if they 
choose. Corrected motor home OCCC labels, RV trailer CCC labels, tire 
placards and load carrying capacity modification labels must reflect 
the total weight added after final vehicle certification and before 
first retail sale. Correcting load carrying capacity information is not 
required in cases where vehicle weight is reduced and load carrying 
capacity is increased.
    Dealers/service facilities may use any accurate method for 
determining the weight of added items and subsequently, the total 
amount the load carrying capacity will be reduced. We note that most 
consumer electronic bathroom scales have ranges from 0 to 350 pounds 
and provide repeatable readings within plus or minus one percent of the 
actual weight. Such scales would be suitable for weighing most added 
items. The load carrying capacity modification label specified in this 
final rule is provided below:
[GRAPHIC] [TIFF OMITTED] TR04DE07.042

    NATM commented that the load carrying capacity modification label 
installed by dealers when additional weight is added should identify 
the dealer/service facility installing the label for traceability.
    NHTSA is not adopting a requirement for dealer/service facility 
identification on the load carrying capacity modification label 
described in this final rule. The lack of such a requirement however 
does not prevent dealers/service facilities from supplying identifying 
information on load carrying capacity modification labels or 
voluntarily applying a dealer identification label near the load 
carrying capacity modification label. Requiring dealers to provide 
identifying information on load carrying capacity modification labels 
would negate the label's generic qualities.
    To summarize, in this final rule, when the load carrying capacity 
is modified between final vehicle certification and the first retail 
sale, NHTSA permits the use of generic labels where corrected values 
can be legibly entered using a black, fine point, indelible marker. 
This permits dealers to stock one generic load carrying capacity 
modification label. Also, in this final rule, the addition of the load 
carrying capacity modification label is one of three options that can 
be used to correct load carrying capacity information. Dealers/service 
facilities are permitted to: (1) Replace existing tire placards, motor 
home OCCC labels or RV trailer CCC labels with new placards/labels 
containing correct load carrying capacity information; (2) modify 
existing tire placards, motor home OCCC labels or RV trailer CCC labels 
so they display correct load carrying capacity information; or (3) add 
a load carrying capacity modification label within 25 mm of the 
existing tire placard and/or the motor home OCCC label or RV trailer 
CCC label.
    In addition, this final rule adopts a threshold for correcting load 
carrying capacity information of the lesser of 1.5 percent of GVWR or 
100 pounds, greatly decreasing the need to correct the information.

H. Other Issues

    1. Whether the Final Rule Should Protect Against Overloading Tires, 
Wheels, Axles and Suspensions on RVs--NHTSA received numerous comments 
to the NPRM which suggested other possible actions that may be taken in 
addition to or in lieu of the proposed labeling approach. Weston, a 
private citizen who during his first long trip with a 2005, 36-foot, 
5th wheel travel trailer experienced two rim failures resulting in tire 
deflation, suggested that NHTSA address common practices for suspension 
component sizing to include a safety factor built into the design of 
axles, suspension components, wheels and tires to accommodate 
horizontal and vertical dynamic loads that are higher than the static 
loads normally measured.
    Weston also argued that to allow for adequate load carrying 
capacity, manufacturers should be required to add a minimum safety 
factor of 20 to 25 percent when sizing axles on RV trailers. Weston 
stated further that motorized and towable RVs should be equipped with 
tire pressure monitoring systems (TPMS), that manufacturers of RVs 
should be required to provide ``adequacy of design,'' and that NHTSA 
should consider the situation where dealers add weight to RVs that does 
not exceed the vehicle's GVWR but still exceeds the vehicle's gross 
axle weight rating (GAWR). In addition, Weston commented that a 
government oversight office should be formed to police the RV industry 
and that upon discovery of a problem RV manufacturers should be 
required to notify customers within 48 hours.
    Walker commented that drivers of RVs over a specified weight should 
be

[[Page 68454]]

required to have specific training and license endorsements to 
demonstrate a minimum level of knowledge. He also argued that both the 
State DOT and Federal DOT should employ spot checks for RVs to assure 
that they are not over weight or over length.
    RMA commented that the NPRM does not prevent individual tires on 
RVs from being overloaded. RMA further commented that a requirement of 
10 to 25 percent tire reserve load above GVWR would assure sufficient 
capacity in the event of spot overloading and/or poor inflation 
pressure maintenance. RMA also suggested that consideration should be 
given to the labeling of major storage/cargo compartments with their 
maximum load carrying capacity to assure proper load distribution.
    NHTSA recognizes that there are numerous aspects to the problem of 
potential RV overloading. Current requirements, as well as the 
requirements in this final rule do not specifically regulate suspension 
components. We believe, however, that the labeling requirements that 
appear in this final rule will improve consumer awareness, purchase 
decisions and RV loading practices. It is anticipated that the motor 
home OCCC label or RV trailer CCC label that will be provided on each 
RV will encourage consumers to purchase RVs with a load carrying 
capacity adequate for their needs.
    NHTSA's Office of Defects Investigations (ODI) continually compiles 
data and responds to complaints from consumers regarding various RV 
issues. Many of these complaints and issues are related to the failure 
of RV suspension components, individual axles, rims and tires. Many 
complaints are investigated for defects in materials and design, and 
all complaints become part of a permanent database that is used to 
trigger further investigations and recalls. NHTSA's Office of Vehicle 
Safety Compliance (OVSC) enforces current NHTSA regulations and will 
enforce the requirements in this final rule when it becomes effective. 
We note that actual RV crash data specific to crashes where an 
overloaded RV is a contributing factor are rare. Statistical databases 
and investigation techniques usually do not capture overloading related 
attributes. NHTSA continuously monitors all of its databases for issues 
relative to vehicle safety and takes appropriate action when necessary.
    As indicated above, Weston commented that TPMS should be required 
on all RVs. NHTSA's TPMS requirements are specified at FMVSS No. 138, 
Tire pressure monitoring systems and are currently being phased in. 
Full compliance must occur on and after September 1, 2007. Final stage 
manufacturers and alterers must comply on and after September 1, 2008. 
TPMS will be required on passenger cars, multipurpose passenger 
vehicles, trucks and buses with GVWRs of 4,536 kg (10,000 pounds) or 
less except those vehicles with dual wheels on an axle. Therefore, most 
light, motorized RVs will be required to have TPMS. NHTSA does not 
currently plan further actions to extend TPMS requirements to other 
vehicle types or weight classes, and notes that such action is outside 
the scope of this rulemaking.
    ADA commented that NHTSA fails to address the situation where 
weight is added to a vehicle by a dealer so as to affect the GAWR but 
not necessarily affect the GVWR. It said that the situation can arise 
in the mobility industry when the dealer installs an outside scooter 
lift on the rear of the vehicle. While the weight of the scooter and 
lift do not cause the vehicle to exceed its GVWR, it may cause the GAWR 
of the rear axle to be exceeded.
    As noted earlier, NHTSA recognizes that there are numerous aspects 
to the overloading problem. Current requirements, as well as the 
requirements in this final rule do not specifically regulate suspension 
components or the load on individual axles, rims or tires. This final 
rule is intended to inform consumers of the load carrying capacity of 
the RVs that they are purchasing so that after these RVs are in use, 
consumers can avoid overloading the RVs. We believe that these labeling 
requirements will improve consumer awareness, purchase decisions and 
loading practices. Issues concerning overloading of individual axles, 
rims and tires in order to modify vehicles for persons with 
disabilities is outside the scope of this rulemaking.
    Comments concerning licensing of RV drivers and spot-checks for RVs 
that are over weight/length, address matters that are outside the scope 
of this rulemaking.
2. RV Weight and Weighing Issues
    Weston commented that individual RVs should actually be weighed to 
verify the UVW used to design the suspension and that compliance checks 
by other than the RVIA must occur to guarantee compliance by the 
industry. Walker commented that the use of generic floor plans to 
approximate RV weights should be prohibited as there are too many 
variables that may be overlooked or manipulated. He stated that relying 
on this method compromises the entire cargo carrying capacity 
calculation and may not provide the consumer with fair and equal 
information.
    Walker also commented that if a hitch is installed on a motor home, 
the weight of the hitch, as well as the weight value of the hitch 
rating should be included in the UVW. He said that otherwise, this 
important information may be misunderstood or disregarded by consumers.
    Walker further commented that RV manufacturers leave a variety of 
heavy items off of the vehicle until the vehicle has been weighed. He 
said that the add-ons are installed by a dealer or service facility. 
Items such as roof air conditioners, awnings, generators, surplus fuel 
tanks, surplus water tanks, microwave ovens, washer/dryers and 
dishwashers are installed and not included in the UVW or cargo carrying 
capacity calculations. Regarding the NPRM proposal that weight added by 
the dealer or service facility that exceeds 0.5 percent of GVWR be 
documented on an additional label, Walker commented that this 
information will not be accurate if prior weight information is not 
accurate. Walker commented that when weight is added at a dealer or 
service facility, it should be a requirement that the vehicle be 
weighed to verify if the chassis has the capacity to handle the 
additional weight.
    The RVDA commented that it would like to see NHTSA develop a 
consistent set of rules on weighing procedures for RVs.
    In the NPRM, NHTSA proposed that the weight values provided by 
manufacturers be displayed to the nearest kilogram with conversion to 
the nearest pound, must be measured on scales with a minimum accuracy 
of plus or minus one percent of the actual value and reflect the 
weights of the RV as configured for delivery to the dealer/service 
facility. NHTSA notes that in the July 29, 2005 Joint Petition for 
Rulemaking and Interim Relief from FMVSS No. 110, it was stated that it 
was not ``financially possible'' for all affected manufacturers, 
alterers and modifiers to have scales capable of weighing motor 
vehicles. However, no information on the extent of the financial burden 
was provided, especially if methods other than weighing the entire 
vehicle were used.
    The scale requirements proposed in the NPRM were for the purpose of 
ensuring that the many weight values on the NPRM proposed label were 
accurate. However, as a result of comments to the NPRM, this final rule 
only requires manufacturers to report the allowable load carrying 
capacity. Therefore, in this final rule, in place of requiring scales

[[Page 68455]]

with an accuracy of plus or minus one percent of the actual reading, we 
require the statement: ``The combined weight of occupants and cargo 
should never exceed XXX kg or XXX lbs'' on motor homes, and the 
statement: ``The weight of cargo should never exceed XXX kg or XXX 
lbs'' on RV trailers. These statements are required to state weights 
that will not overload the vehicle. These requirements allow 
manufacturers to understate (but not overstate) the weight value for 
load carrying capacity. This will assure that when the consumer loads 
the vehicle to the stated load carrying capacity, the GVWR will not be 
exceeded.
    When the manufacturer states that the load carrying capacity must 
not exceed a certain weight value, it means that the stated load 
carrying capacity weight value plus the UVW is less than or equal to 
the GVWR. The manufacturer must consider product variability to ensure 
that the load carrying capacity plus the UVW does not exceed the GVWR. 
If, after the RV leaves the manufacturing facility and before first 
retail sale, additional weight is added whose total exceeds the 
threshold set by this final rule (the lesser of 1.5 percent of GVWR or 
100 pounds), the load carrying capacity information must be corrected 
by the dealer. The total weight added by the dealer, however, cannot 
exceed the load carrying capacity weight value initially provided by 
the vehicle manufacturer.
    Regarding Walker's comments which stated that if a hitch is 
installed on a motor home, the weight of the hitch, as well as the 
weight value of the hitch rating should be included in the UVW, NHTSA 
does not favor such a requirement. If a hitch is installed by a 
manufacturer on any vehicle before final vehicle certification and 
delivery to the dealer/service facility, the physical weight of the 
hitch must be included in the vehicle's UVW value. If a hitch is 
installed by a dealer/service facility on any vehicle after final 
vehicle certification, the weight of the hitch contributes to the 
weight of added items installed after final vehicle certification and 
before first retail sale. When the weight of such items exceeds the 
threshold set by this final rule (the lesser of 1.5 percent of GVWR or 
100 pounds), the load carrying capacity information is corrected by the 
dealer/service facility.
    If the consumer installs a hitch or has a hitch installed after 
taking delivery of the vehicle, the consumer should subtract the 
physical weight of the hitch from available load carrying capacity. 
When the consumer applies tongue weight to any hitch in the form of a 
towed vehicle or cargo carrier, the consumer must subtract such weight 
from the available load carrying capacity. The intent of the motor home 
OCCC label and the RV trailer CCC label on the vehicle is to encourage 
consumers to determine an accurate value of load carrying capacity 
according to their particular loading situation.
    NHTSA does not favor including fictitious weight in the UVW in 
anticipation that the consumer will overload the vehicle. Therefore, a 
consumer whose vehicle is equipped with a hitch, but is not towing a 
vehicle or using a hitch mounted cargo carrier, will know that 
additional load carrying capacity is available. An advisory statement 
on the motor home OCCC label informs consumers that towed vehicle 
tongue weight is cargo that counts against the total load carrying 
capacity.
    Regarding RVDA's request that NHTSA develop a consistent set of 
rules or weighing procedures for RVs, NHTSA believes that such 
information is best left up to manufacturers to provide. Other sources 
for weighing information can be obtained from organizations such as the 
Recreation Vehicle Safety Education Foundation and the RVIA.
    3. Numbering in Proposed FMVSS No. 110 Regulatory Text--Comments 
from AIAM and the Alliance indicated that the proposed changes to FMVSS 
No. 110 regulatory text in the NPRM will eliminate the current 
requirement in S4.3 (a) that relates to vehicle tire placards. Both 
sought clarification regarding the proposed amendment.
    NHTSA agrees with AIAM, and the Alliances' comments. In this final 
rule the language has been moved to separate sections (S9 and S10) 
where it won't affect existing tire placard requirements.
    4. Scope of Notice for Joint Petition Issues--Comments from NTEA 
asked if the August 31, 2005 NPRM has a broad enough scope to encompass 
all of the issues presented in the previously submitted Joint Petition 
\12\ that was placed in the docket or whether the issues will be 
addressed in a supplemental notice of proposed rulemaking (SNPRM). NATM 
expressed concern that NHTSA will not be able to consider many of the 
Joint Petition's requested changes as the changes may be out of scope 
of the present rulemaking. NADA urged NHTSA to consider whether an 
SNPRM should be issued addressing the concerns expressed in the Joint 
Petition in order to provide interested parties with the opportunity 
for notice and comment.
---------------------------------------------------------------------------

    \12\ ``Joint Petition'' means the ``Joint Petition for 
Rulemaking and Interim Relief: Federal Motor Vehicle Safety Standard 
(FMVSS) No. 110; Vehicle Capacity Weight and Tire Information'' 
dated July 29, 2005 which was submitted to NHTSA by a group of trade 
organizations through Mike Kastner (NTEA) and Douglas Greenhaus 
(NADA). The document is available in docket NHTSA-2005-22242-3.
---------------------------------------------------------------------------

    NHTSA originally drafted the cargo carrying capacity NPRM to 
specifically require load carrying capacity information on a label for 
heavy RVs. Before the NPRM was published, issues arose regarding the 
load carrying capacity information required on the tire placard for 
light vehicles. According to FMVSS No. 110 and as explained in a 
subsequent interpretation, added weight prior to first retail sale that 
made the load carrying capacity information on the tire placard 
inaccurate had the effect of requiring the dealer/service facility 
adding the weight to replace the tire placard in order to correct the 
load carrying capacity weight values. This meant that the addition of 
even small amounts of weight could require re-placarding.
    As the Joint Petition issue was related to that NPRM, a proposed 
solution was drafted and included in the heavy RV cargo carrying 
capacity NPRM, which proposed but did not require the load carrying 
capacity information to be corrected when insignificant amounts of 
weight were added. This solution was proposed for all light vehicles 
and all heavy RVs.
    NHTSA did not propose all of the specific items requested by the 
Joint Petition; it is, however, providing a further response to the 
petition in this document.
    5. Response to Issues of the Joint Petition--The Joint Petition 
that appears in docket NHTSA-2005-22242-3 raised five basic issues.
    The Joint Petition argued that the load carrying capacity statement 
required by FMVSS No. 110 should allow for a reasonable tolerance in 
the calculation of the load carrying capacity or not require action 
unless load carrying capacity is reduced by at least 100 kg (220 
pounds). This final rule addresses this issue by adopting a threshold 
of the lesser of 1.5 percent of GVWR or 100 pounds. While this is lower 
than the amount requested in the Joint Petition, we believe it 
addresses the concerns raised in the petition.
    Also, in the NPRM we proposed that the unloaded vehicle weight for 
heavy RVs be determined with scales that have a minimum accuracy of 
plus or minus one percent of the actual reading.
    Since, in this final rule, the label format has changed and 
manufacturers will only be reporting the weight allotted for passengers 
and cargo or

[[Page 68456]]

simply cargo in the case of RV trailers, we are requiring that the 
stated load carrying capacity not overload the vehicle. The GVWR of the 
vehicle must not be exceeded when the vehicle is loaded with the stated 
load carrying capacity. Manufacturers are permitted to understate the 
value of load carrying capacity to compensate for variances in 
manufacturing techniques, materials, and weighing techniques, however, 
under no circumstances is an overstated value of load carrying capacity 
permitted. Any inaccuracies due to scale tolerances and variances in 
manufacturing techniques or materials must be compensated for by 
appropriately increasing the safety factor between the allotted weight 
for occupants and cargo (or just cargo in the case of RV trailers) and 
the GVWR. Accordingly, the probability of moisture absorption by wooden 
structures before first retail sale should be considered in assigning 
the load carrying capacity.
    The Joint Petition also requested that the weight value listed on 
the original tire placard be labeled as ``estimated.'' This request is 
denied because the load carrying capacity is not merely an estimate. 
The manufacturer must determine that the vehicle will not exceed GVWR 
when carrying the ``load carrying capacity'' weight. This final rule 
requires an accurate determination of load carrying capacity.
    As an alternative to the first two issues, the Joint Petition 
requested that the load carrying capacity be labeled as ``originally 
manufactured.'' This request is denied because it is not an accurate 
statement to a purchaser of the vehicle's load carrying capacity. 
However, the final rule does address basic concerns in the context of 
the first issue of the Joint Petition, regarding a reporting threshold 
for added weight. Thus, the labeled load carrying capacity reflects 
both the vehicle as originally manufactured and any reduction in load 
carrying capacity that occurs beyond a given threshold before the first 
retail sale. Also, in an interpretation written to John Russell Deane 
III, Esq. on April 7, 2005, NHTSA stated that regulations do not 
require changes to the tire safety information placard if the changes 
to the vehicle occur after it is first sold for purposes other than 
retail sale.
    The Joint Petition also asked for clarification of whether 
placards/labels may still be modified in lieu of being replaced. This 
issue is addressed in this final rule. There are three methods 
available to dealers/service facilities for updating load capacity 
information:
    1. Replacement of original placard/label with a new placard/label 
with updated information.
    2. Modification of original placard/label in order to update 
information. This must be accomplished with an overlay that maintains 
the original appearance of the placard/label. The overlay may have 
blanks where the updated weight values may be legibly printed by hand 
with a fine point indelible marker.
    3. Addition of the Load Carrying Capacity Modification Label within 
25 mm of the placard/label being corrected which indicates the amount 
the load carrying capacity is reduced. The load carrying capacity 
modification labels may have blank spaces where the value of load 
carrying capacity reduction may be legibly printed by hand with a fine 
point indelible marker.
    Finally, the Joint Petition asked if any revised cargo capacity 
weight may be calculated by subtracting total added weight from the 
stated load capacity weight on the existing tire placard or label. It 
also asked if the total added weight may be determined by using the 
supplier's stated shipping weight of the equipment, or its weight as 
determined by commercially reasonable scales. This issue is addressed 
in this final rule. Dealers/service facilities may determine total 
added weight by using any means that result in accurate weights. It is 
up to the dealers/service facilities to decide how to achieve accurate 
weights. Since the vehicle manufacturer has certified the vehicle with 
the stated load capacity weight on the existing tire placard or label 
as long as the dealers/service facilities have reason to believe the 
stated weights on the placard or label, it is reasonable for dealers/
service facilities to rely on this so long as they have reason to 
believe the stated weights on the placard or label have not changed.
    If the total added weight exceeds the lesser of 1.5 percent GVWR or 
100 pounds, the load carrying capacity information must be corrected on 
the tire placards and RV load carrying capacity labels.
6. The Meaning of ``Stated Weight Ratings'' in FMVSS No. 110
    In a November 30, 2005 request for interpretation submitted by all 
of the Joint Petitioners except the National Trailer Dealers 
Association, NHTSA was asked to address a series of questions about the 
Tire Safety Information Rule of November 18, 2002 (67 FR 69600). One 
question was whether the term ``stated weight ratings'' used in 49 CFR 
Sections 567.3, 567.6, and 567.7 refers to a vehicle's gross vehicle 
weight rating as defined in 49 CFR Section 571.3. In a January 22, 2007 
interpretation letter responding to that request, NHTSA noted that 
``stated weight rating'' is used in both 49 CFR Part 567 and in FMVSS 
No. 110. We stated that: ``In responding to the petitions for 
rulemaking, we will address the meaning of this term in Part 567 and 
FMVSS No. 110, and the interrelationship between these provisions.''
    We note that in a final rule of February 14, 2005 (70 FR 7414), 
Part 567 was reissued. The changes took effect on September 1, 2006. 
The term ``stated weight ratings'' in Part 567 (particularly in the 
definition of ``altered vehicle'' at Section 567.3) refer to a 
vehicle's stated weight ratings, in other words, the Gross Axle Weight 
Rating (GAWR) and Gross Vehicle Weight Rating (GVWR). The use of the 
term ``vehicle's stated weight ratings'' is long-standing in Part 567, 
and was used in Part 567 before the final rule of February, 2005. See 
also Section 567.7, Requirements for persons who alter certified 
vehicles.
    The November 18, 2002 Tire Safety Information Final Rule amending 
FMVSS No.110 added S4.3.2. Requirements for altered vehicles. This 
paragraph incorporated language from the then-existing version of 
Section 567.7 Requirements for persons who alter certified vehicles, 
including the term ``stated weight ratings.''
    As explained in the preamble, that final rule required alterers, 
where necessary, to affix a new placard, containing accurate 
information for the altered vehicle, over the placard installed by the 
vehicle manufacturer, so as to obscure the original placard. See 67 FR 
at 69618.
    The language of S4.3.2 indicates that it applies to alterers.\13\ 
Not all persons who make changes to certified vehicles prior to first 
sale are considered alterers. (If someone is an alterer, they have 
certification responsibilities under Part 567.) The question of whether 
someone is an alterer is determined under Part 567.
---------------------------------------------------------------------------

    \13\ Compare the language of S4.3.2 with the definition of 
``alterer'' in Part 567.
---------------------------------------------------------------------------

    We note, however, that regardless of whether a person (such as a 
dealer) making changes to a vehicle prior to first sale is considered 
an alterer, they are subject to other legal requirements. Under 49 
U.S.C. 30112, a dealer may not sell vehicles or equipment that do not 
comply with applicable safety standards. Also, 49 U.S.C. 30122 
prohibits dealers, manufacturers, and certain other entities from 
``making inoperative, in whole or in part'' any part of a device or 
element of design installed on or in a motor vehicle in compliance with 
an applicable motor

[[Page 68457]]

vehicle safety standard. Accordingly, a dealer would need to correct 
the tire information placard if, after the dealer installs additional 
equipment, the required information is no longer accurate.
    As discussed earlier, in this final rule, NHTSA is providing 
regulatory relief related both to the circumstances under which re-
labeling is required and the means by which it is done. The new/revised 
requirements are in FMVSS No. 110, at S10 Weight added to vehicles 
between final vehicle certification and first retail sale of the 
vehicle. This section is not limited to alterers, i.e., it applies 
regardless of whether the person adding the weight is considered an 
alterer.
    We are not removing the language of S4.3.2 since it has broader 
applicability than situations where weight is added. We note, however, 
that if the addition of weight is the only relevant issue and the 
situation is addressed by the provisions of S10, alterers need not 
separately meet 4.3.2. To make this clear, we are adding the phrase 
``Except as provided in S10,'' at the beginning of S4.3.2.
    7. Issues Outside the Scope of Rulemaking--The purpose of this 
rulemaking is to provide load carrying capacity information to 
purchasers of RVs. It also is intended to provide an alternate means to 
correct load carrying capacity information on all light vehicles and 
heavy RVs when weight exceeding the lesser of 1.5 percent of GVWR or 
100 pounds is added between final vehicle certification and first 
retail sale. We note that some NPRM comments re-raise old issues 
related to previous tire placarding rulemakings that are outside the 
scope of this rulemaking and are not addressed in this final rule.
    Additionally, it should be noted that the load carrying capacity 
labels required by this final rule are intended to inform consumers of 
the RV's load carrying capacity they are about to purchase and to 
remind them of the RV's load carrying capacity after purchase and 
during use. Although knowledge of the RV's load carrying capacity may 
prevent consumers from exceeding the RV's GVWR, it does not prevent 
consumers from distributing loads in a fashion that would cause 
individual tires or components from being overloaded. As various makes/
models of RVs each have its own characteristics, it is difficult for 
consumers to know the correct weight distribution without weighing the 
loaded vehicle at each individual tire. Manufacturers are urged to 
provide consumers with as much guidance as possible in the vehicle 
owner's manual relative to the proper distribution of cargo loads.

V. Final Rule

    In this final rule, NHTSA amends 49 CFR 571.3 (Definitions), FMVSS 
No. 110, and FMVSS No. 120 as described above. We require manufacturers 
of all motor homes and recreation vehicle (RV) trailers to provide 
information to consumers in a label that informs the consumer about the 
vehicle's load carrying capacity. The final rule defines ``recreation 
vehicle trailer,'' and adds new language that would include weights for 
water and propane tanks for motor homes and recreation vehicle (RV) 
trailers. We also require that the size of tires on motor homes and RV 
trailers be the same as the size of tires listed on the vehicle 
certification label or tire information label.
    For motor homes, we adopt labels that display the VIN, the weight 
allotted for occupants and cargo, the weight of a full load of water, 
the unit weight of water and cautionary statements that the weight of 
water is part of cargo and the tongue weight of a towed trailer counts 
as cargo. In addition, for motor homes, NHTSA requires that the safety 
belt equipped seating capacity be included on the label.
    For RV trailers, we adopt labels that display the VIN, the weight 
allotted for cargo, the weight of a full load of water, the unit weight 
of water and a cautionary statement that the weight of water is part of 
cargo.
    To promote a consistent label location, this final rule specifies 
that cargo carrying capacity labels be affixed to the interior of the 
forward-most exterior passenger door on the right side of the vehicle 
and be visible. As an alternative (due to aesthetic considerations) 
NHTSA permits manufacturers to place a temporary label to the interior 
of the forward-most exterior passenger door on the right side of the 
vehicle and apply a permanent label in the area of the vehicle 
specified by FMVSS Nos. 110 and 120 for tire information.
    In addition, this final rule adopts a threshold for correcting load 
carrying capacity information of the lesser of 1.5 percent of GVWR or 
100 pounds, greatly decreasing the need to correct the information. 
When the load carrying capacity is increased beyond the lesser of 1.5 
percent of GVWR or 100 pounds, between final vehicle certification and 
the first retail sale, NHTSA permits the use of generic labels where 
corrected values can be legibly entered using a black, fine point, 
indelible marker. This permits dealers to stock one generic load 
carrying capacity modification label.
    In this final rule, the addition of the load carrying capacity 
modification label is one of three options that can be used to correct 
load carrying capacity information. Dealers/service facilities are 
permitted to: (1) Replace existing tire placards, motor home OCCC 
labels or RV trailer CCC labels with new placards/labels containing 
correct load carrying capacity information; (2) modify existing tire 
placards, motor home OCCC labels or RV trailer CCC labels so they 
display correct load carrying capacity information; or (3) add a load 
carrying capacity modification label within 25 mm of existing tire 
placard and/or the motor home OCCC label or RV trailer CCC label.

VI. Leadtime

    Since we had no public comment on the leadtime issue, the 
amendments in this final rule take effect, as proposed, 180 days 
(approximately six months) after the final rule is published. We note 
that the new labeling requirements in this final rule do not require 
manufacturers to collect or provide any information other than that 
already voluntarily provided by motor home and travel trailer 
manufacturers that are members of the Recreational Vehicle Industry 
Association.
    The provisions in this final rule amending FMVSS No. 110 were made 
to provide regulatory relief to dealers that may add weight no more 
than 1.5 percent of gross vehicle weight rating (or 100 pounds if less) 
after certification of vehicles and before first retail sale of the 
vehicles. Thus, optional compliance with this final rule is available 
as of the date this final rule is published in the Federal Register.

VII. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993), provides for making determinations whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and to the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or

[[Page 68458]]

State, local, or Tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    We have considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed by 
the Office of Management and Budget under E.O. 12866, ``Regulatory 
Planning and Review.'' The rulemaking action is also not considered to 
be significant under the Department's Regulatory Policies and 
Procedures (44 FR 11034; February 26, 1979).
    For the following reasons, we believe that this final rule will not 
have any quantifiable cost effect on manufacturers of motor homes or RV 
trailers. As discussed earlier, the labeling requirements in this rule 
parallel the labels already required by the Recreational Vehicle 
Industry Association (RVIA) for RIVA members. Approximately 95 percent 
of affected motor home and travel trailer manufacturers are RVIA 
members. Thus, the final rule will have new labeling requirements on 
only approximately 5 percent of recreational vehicle manufacturers. The 
RV labels specified in this final rule are simpler, less complex 
versions of the labels proposed in the NPRM.
    In addition, this provides regulatory relief for dealers from an 
existing labeling requirement in the safety standard on tire selection 
and rims. Dealers that add items to covered vehicles exceeding the 
lesser of 100 pounds or 1.5 percent of the vehicles' gross vehicle 
weight ratings, will be required to disclose this extra weight on 
labels affixed to the vehicles. No labels are required for the addition 
of weight that does not exceed the lesser of 1.5 percent of the 
vehicle's gross vehicle weight rating or 100 pounds.
    In its NPRM comments, Toyota stated that NHTSA has not provided a 
cost benefit analysis regarding load carrying capacity modification 
labels. NTEA commented that scales are too expensive for every 
dealership and final stage manufacturer to own.
    For light vehicles, the requirements for the tire placard and the 
load carrying capacity information on the tire placard were established 
by previous FMVSS No. 110 rulemakings. The load carrying capacity 
modification label proposed in the August 15, 2005 NPRM was not meant 
to be a new requirement, but an option that may be used in lieu of 
replacing or modifying the original tire placard as required by FMVSS 
No. 110. This option was adopted in this final rule. Dealers/service 
facilities can choose to replace or modify the tire placard rather than 
apply the load carrying capacity modification label.
    For motor home OCCC labels and RV trailer CCC labels required on 
RVs, members of the RVIA, which include 95 percent of the RV industry, 
have displayed cargo carrying capacity information voluntarily for 
years. This final rule standardizes and makes such information 
mandatory, and mandates its placement in a prominent location. Also, 
NHTSA has adopted the RVIA suggestion that the load carrying capacity 
labeling requirements in the NPRM be extended to all RVs.
    As previously stated, dealers/service facilities can use any 
accurate method for determining the weight of added items. We note that 
if a dealer/service facility chooses to use a scale, most consumer 
electronic bathroom scales provide readings from 0 to 350 pounds and 
can provide repeatable readings within plus or minus one percent of the 
actual weight. Bathroom scales are inexpensive and would be suitable 
for weighing smaller items. Dealer/service facilities can also purchase 
larger commercial scales to weigh larger items, if necessary.
    Because the economic impacts of this proposal are so minimal, no 
separate regulatory evaluation is necessary.

B. Executive Order 13132 (Federalism)

    NHTSA has examined today's final rule pursuant to Executive Order 
13132 (64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments, or their representatives 
is mandated beyond the rulemaking process. The agency has concluded 
that the rule does not have federalism implications, because the rule 
does not have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and the responsibilities among the various levels 
of government.''
    Further, no consultation is needed to discuss the preemptive effect 
of today's rule. NHTSA rules can have preemptive effect in at least two 
ways. First, the National Traffic and Motor Vehicle Safety Act contains 
an express preemptive provision: ``When a motor vehicle safety standard 
is in effect under this chapter, a State or a political subdivision of 
a State may prescribe or continue in effect a standard applicable to 
the same aspect of performance of a motor vehicle or motor vehicle 
equipment only if the standard is identical to the standard prescribed 
under this chapter.'' 49 U.S.C. 30102(b)(1).
    In addition to the express preemption noted above, the Supreme 
Court has also recognized that State requirements imposed on motor 
vehicle manufacturers, including sanctions imposed by State tort law, 
can stand as an obstacle to the accomplishment and execution of a NHTSA 
safety standard. When such a conflict is discerned, the Supremacy 
Clause of the Constitution makes their State requirements 
unenforceable. See Geier v. American Honda Motor Co., 529 U.S. 861 
(2000). NHTSA has not outlined such potential State requirements in 
today's rulemaking, however, in part because such conflicts can arise 
in varied contexts, but it is conceivable that such a conflict may 
become clear through subsequent experience with changes made in today's 
final rule. NHTSA may opine on such conflicts in the future, if 
warranted. See id. at 883-86.

C. Executive Order 13045 (Economically Significant Rules Affecting 
Children)

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, we must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by us.
    This rule is not subject to the Executive Order because it is not 
economically significant as defined in E.O. 12866 and does not involve 
decisions based on environmental, health or safety risks that 
disproportionately affect children. This final rule makes changes 
affecting motor home manufacturers and travel trailer manufacturers. It 
has a beneficial impact on children traveling in motor homes and 
recreation vehicle trailers because the new labeling requirements in 
this final rule provides information to help their parents or guardians 
keep from overloading the vehicles.

[[Page 68459]]

D. Executive Order 12988 (Civil Justice Reform)

    With respect to the review of the promulgation of a new regulation, 
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR 
4729, February 7, 1996) requires that Executive agencies make every 
reasonable effort to ensure that the regulation: (1) Clearly specifies 
the preemptive effect; (2) clearly specifies the effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct, while promoting simplification and burden reduction; 
(4) clearly specifies the retroactive effect, if any; (5) adequately 
defines key terms; and (6) addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. This document is consistent with that requirement. 
Pursuant to this Order, NHTSA notes as follows. The preemptive effect 
of this rule is discussed above. NHTSA notes further that there is no 
requirement that individuals submit a petition for reconsideration or 
pursue other administrative proceeding before they may file suit in 
court.

E. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996) whenever an agency is required to publish a notice of 
rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small governmental jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies the rule would not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule would not 
have a significant economic impact on a substantial number of small 
entities.
    The Administrator considered the effects of this rulemaking action 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities. The factual basis for this 
certification is that this final rule minimally affects small U.S. 
motor home manufacturers or small U.S. travel trailer manufacturers. 
The U.S. Small Business Administration's regulations at 13 CFR 121.201 
defines a small ``motor home manufacturer'' (NAICS Code 336213) as a 
``business entity organized for profit, with a place of business 
located in the United States, and which operates primarily within the 
United States or which makes a significant contribution to the U.S. 
economy through payment of taxes or use of American products, materials 
or labor.'' (See 13 CFR 121.105) that employs fewer than 1,000 
employees. RV trailer and camper manufacturers (NAICS Code 336214) on 
the other hand, have a size standard of fewer than 500 employees.
    NHTSA believes that most RVIA members are small businesses. As 
earlier discussed, 95 percent of RVIA members are already providing to 
their customers labeling information that parallel the information 
specified in this NPRM. The RV labels specified in this final rule are 
simpler versions of the labels proposed in the NPRM.

F. National Environmental Policy Act

    We have analyzed this final rule for the purposes of the National 
Environmental Policy Act and determined that it would not have any 
significant impact on the quality of the human environment.

G. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, a person is not required 
to respond to a collection of information by a Federal agency unless 
the collection displays a valid Office of Management and Budget (OMB) 
control number. This final rule introduces new information collection 
requirements in that the new regulation requires certain disclosures to 
third parties. Information collection under this final rule consists of 
a load carrying capacity label applied to all motor homes and 
recreation vehicle (RV) trailers. If the original information is 
changed, this information collection also requires a load carrying 
capacity modification label to correct the original load carrying 
capacity information on all RVs and light vehicles when significant 
additional weight is added between final vehicle certification and 
first retail sale.
    If the total weight added by dealers/service facilities between 
final vehicle certification and first retail sale exceeds the lesser of 
1.5 percent of GVWR or 100 pounds, the original load carrying capacity 
information must be corrected. Corrections can be made via the load 
carrying capacity modification label described in this final rule or by 
provisions in a previous rulemaking which allows original labels to be 
corrected by modification or replacement. Our estimates of the burden 
that this rulemaking imparts on all motor home and RV trailer 
manufacturers and manufacturers of light vehicles other than motor 
homes are given below. There is no burden to non-manufacturers or non-
dealers.
    RV estimates are based on the fact that approximately 95 percent of 
all RV manufacturers currently belong to RVIA and already voluntarily 
apply load carrying capacity labels to the vehicles they produce. When 
this rulemaking becomes a final rule, these 95 percent of RVs will 
replace the current voluntary label with the NHTSA label at no 
additional cost. Therefore, any additional cost for information 
collection imparted by this final rule is a result of the remaining 5 
percent of RV manufacturers to apply load carrying capacity labels and 
the cost to RV dealers/service facilities that choose to apply the load 
carrying capacity modification label. The cost to manufacturers of 
light vehicles other than RVs is minimal as most vehicles will not 
exceed the added-weight threshold and dealers/service facilities will 
not be required update load carrying capacity information. The 
additional cost for information collection to light vehicle 
manufacturers other than RV manufacturers results from those who choose 
to correct load carrying capacity information by applying the load 
carrying capacity modification label. The label is not mandatory; it is 
simply an alternative to correcting load carrying capacity information 
by replacing or updating the original tire placard/label when the 
weight threshold is exceeded.
    The following are the cost and hour burden estimates resulting from 
the CCC information requirements in this final rule. Numbers are based 
on 2005 estimates.
    RV manufacturers and manufacturers of light vehicles other than RVs 
already have the following knowledge, information and resources and 
therefore these items will not impose any additional costs and/or 
burden hours.
     Vehicle gross vehicle weight rating (GVWR).
     Means to print or procure labels.
     Scale system for weighing vehicles.

Estimated annual burden hours on the 5 percent of RV manufacturers that 
are not RVIA members to weigh an RV in order to determine unloaded 
vehicle weight (UVW)
    Estimated burden hours to weigh an RV = .16 hours/RV
    Approximately 419,500 RVs shipped in 2005

    It is estimated that 5 percent or 20,975 RVs/year currently do not 
voluntarily

[[Page 68460]]

display CCC information as their manufacturers are not members of RVIA.

    20,975 RVs/year x 0.16 hours/RV = 3,356 hours/year

Estimated annual cost to the 5 percent of RV manufacturers that are not 
RVIA members to procure or produce motor home OCCC labels and RV 
trailer CCC labels
    Estimated cost to produce labels = $0.15/ RV
    Approximately 419,500 RVs shipped in 2005

    It is estimated that 5 percent or 20,975 RVs/year currently do not 
voluntarily display CCC information as their manufacturers are not 
members of RVIA.
    20,975 RVs/year x $ 0.15/RV = $3,146/year
Estimated annual burden hours on the 5 percent of RV manufacturers that 
are not RVIA members to install motor home OCCC labels and RV trailer 
CCC labels
    Estimated burden hours to install labels = 0.02 hours/RV
    Approximately 419,500 RVs shipped in 2005

    It is estimated that 5 percent or 20,975 RVs/year currently do not 
voluntarily display CCC information as their manufacturers are not 
members of RVIA.

    20,975 RVs/year x 0.02 hours/RV = 420 hours/year

Estimated annual cost to RV manufacturers to procure or produce the 
load carrying capacity modification labels when necessary
    Estimated cost to procure or produce labels = $0.05/RV
    Approximately 419,500 RVs shipped in 2005

    An estimated 25 percent or 104,875 RVs/year will receive the CCC 
modification label.

    104,875 RVs/year x $0.05/RV = $5,245/year

Estimated annual burden hours on RV manufacturers to install the load 
carrying capacity modification labels when necessary
    Estimated burden hours to install labels = 0.02 hours/RV
    Approximately 419,500 RVs shipped in 2005

    An estimated 25 percent or 104,875 RVs/year will receive the CCC 
modification label.

    104,875 RVs/year x 0.02 hours/RV = 2,098 hours/year

Estimated annual cost to light vehicle manufacturers to procure or 
produce the load carrying capacity modification labels when necessary
    Estimated cost to procure or produce labels = $0.05/light vehicle
    Approximately 17,000,000 light vehicles shipped in 2005

    An estimated 1 percent or 170,000 light vehicles/year will receive 
the CCC modification label.

    170,000 light vehicles/year x $0.05/light vehicle = $8,500/year

Estimated annual burden hours on light vehicle manufacturers to insert 
values and install the load carrying capacity modification labels when 
necessary/desired
    Estimated burden hours to install labels = 0.02 hours/light vehicle
    Approximately 17,000,000 light vehicles shipped in 2005

    An estimated 1 percent or 170,000 light vehicles/year will receive 
the CCC modification label.

    170,000 light vehicles/year x 0.02 hours/light vehicle = 3,400 
hours/year

Total estimated burden hours and cost 9274 hours/year

    $16,891/year

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272) 
directs us to use voluntary consensus standards in our regulatory 
activities unless doing so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies, such as the Society of Automotive 
Engineers (SAE). The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    After conducting a search of available sources, we have decided to 
specify labels similar to those used by the Recreational Vehicle 
Industry Association, advising consumers of cargo carrying capacity for 
motor homes and travel trailers, and providing advisories.

I. Unfunded Mandates Reform Act

    This rule will not impose any unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. This rule will not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector. Thus, this rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.

J. Plain Language

    Executive Order 12866 requires each agency to write all rules in 
plain language. Application of the principles of plain language 
includes consideration of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make this rulemaking easier to understand?

    In response to public comments on the NPRM, in this final rule, 
NHTSA includes an Appendix A that summarizes the label requirements for 
various vehicle/GVWR combinations. The scenarios assume use of the load 
carrying capacity modification label when load carrying capacity 
information is corrected. This explanation is offered as a Plain 
Language guide to the various labels and figure numbers. An explanation 
of the labels applicable to each vehicle type (i.e., light vehicles 
other than RVs, light RVs, and heavy RVs) is set forth in the appendix.

K. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

0
In consideration of the foregoing, the Federal Motor Vehicle Safety 
Standards (49 CFR Part 571), are amended as set forth below.

[[Page 68461]]

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

0
1. The authority citation for part 571 continues to read as follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.


0
2. Section 571.3 of title 49, Code of Federal Regulations, is amended 
by revising the definition of ``motor home'' and adding a definition of 
``recreation vehicle trailer,'' in the appropriate alphabetical order, 
to read as follows:


Sec.  571.3  Definitions.

* * * * *
    Motor home means a multi-purpose vehicle with motive power that is 
designed to provide temporary residential accommodations, as evidenced 
by the presence of at least four of the following facilities: cooking; 
refrigeration or ice box; self-contained toilet; heating and/or air 
conditioning; a potable water supply system including a faucet and a 
sink; and a separate 110-125 volt electrical power supply and/or 
propane.
* * * * *
    Recreation vehicle trailer means a trailer, except a trailer 
designed primarily to transport cargo, designed to be drawn by a 
vehicle with motive power by means of a bumper, frame or fifth wheel 
hitch and designed to provide temporary residential accommodations, as 
evidenced by the presence of at least four of the following facilities: 
cooking; refrigeration or ice box; self-contained toilet; heating and/
or air conditioning; a potable water supply system including a faucet 
and a sink; and a separate 110-125 volt electrical power supply and/or 
propane. ``Recreation vehicle trailer'' includes trailers used for 
personal purposes, commonly known as ``sport utility RVs'' or ``toy 
haulers,'' which usually have spacious rather than incidental living 
quarters and provide a cargo area for smaller items for personal use 
such as motorcycles, mountain bikes, all terrain vehicles (ATVs), 
snowmobiles, canoes or other types of recreational gear.
* * * * *

0
3. Section 571.110 of title 49, Code of Federal Regulations, is amended 
by: revising the section heading; by revising S1; by adding to the 
introductory paragraph of S4.3, ninth and tenth sentences; by revising 
S4.3.2; by adding to S4.3.5, fifth and sixth sentences; by adding S9 
through S9.3.8; and by adding S10 through S10.2 to read as as follows:


Sec.  571.110  Tire selection and rims and motor home/recreation 
vehicle trailer load carrying capacity information for motor vehicles 
with a GVWR of 4,536 kilograms (10,000 pounds) or less.

    S1. Purpose and scope. This standard specifies requirements for 
tire selection to prevent tire overloading and for motor home/
recreation vehicle trailer load carrying capacity information.
* * * * *
    S4.3 Placard. * * * If the vehicle is a motor home and is equipped 
with a propane supply, the weight of full propane tanks must be 
included in the vehicle's unloaded vehicle weight. If the vehicle is a 
motor home and is equipped with an on-board potable water supply, the 
weight of such on-board water must be treated as cargo.
* * * * *
    S4.3.2 Requirements for altered vehicles. Except as provided in 
S10, a new placard or placard and label shall be affixed, so as to 
obscure the original placard, to an altered vehicle that has previously 
been certified in accordance with Sec.  567.4 or Sec.  567.5, other 
than by the addition, substitution, or removal of readily attachable 
components such as mirrors or tire and rim assemblies, or minor 
finishing operations such as painting, or who alters the vehicle in 
such a manner that its stated weight ratings are no longer valid, 
before the first purchase of the vehicle in good faith for purposes 
other than resale, containing accurate information for the altered 
vehicle, in accordance with S4.3.
* * * * *
    S4.3.5 Requirements for trailers. * * * If the vehicle is a 
recreation vehicle trailer and is equipped with a propane supply, the 
weight of full propane tanks must be included in the vehicle's unloaded 
vehicle weight. If the vehicle is a recreation vehicle trailer and is 
equipped with an on-board potable water supply, the weight of such on-
board water must be treated as cargo.
* * * * *
    S9. Each motor home and recreation vehicle (RV) trailer must meet 
the applicable requirements in S9.
    S9.1 On motor homes, the sum of the gross axle weight ratings 
(GAWR) of all axles on the vehicle must not be less than the gross 
vehicle weight rating (GVWR).
    S9.2 On RV trailers, the sum of the GAWRs of all axles on the 
vehicle plus the vehicle manufacturer's recommended tongue weight must 
not be less than the GVWR. If tongue weight is specified as a range, 
the minimum value must be used.
    S9.3 Each motor home and RV trailer single stage or final stage 
manufacturer must affix either a motor home occupant and cargo carrying 
capacity (OCCC) label (Figure 3) or a RV trailer cargo carrying 
capacity (CCC) label (Figure 4) to its vehicles that meets the 
following criteria:
    S9.3.1 The RV load carrying capacity labels (Figures 3 and 4) and 
the RV supplemental labels (Figures 5 and 6) required by S9.3.3(b) must 
be legible, visible, moisture resistant, presented in the English 
language, have a minimum print size of 2.4 millimeters (3/32 inches) 
high and be printed in black print on a yellow background.
    S9.3.2 The weight value for load carrying capacity on the RV load 
carrying capacity labels (Figures 3 and 4) must be displayed to the 
nearest kilogram with conversion to the nearest pound and must be such 
that the vehicle does not exceed its GVWR when loaded with the stated 
load carrying capacity. The UVW and the GVWR used to determine the RV's 
load carrying capacity must reflect the weights and design of the motor 
home or RV trailer as configured for delivery to the dealer/service 
facility. If applicable, the weight of full propane tanks must be 
included in the RV's UVW and the weight of on-board potable water must 
be treated as cargo.
    S9.3.3 An RV load carrying capacity label (Figures 3 or 4) must be:
    (a) Permanently affixed and must be visibly located on the interior 
of the forward-most exterior passenger door on the right side of the 
vehicle or; at the option of the manufacturer,
    (b) A temporary version of the RV load carrying capacity label 
(Figures 3 or 4) must be visibly located on the interior of the 
forward-most exterior passenger door on the right side of the vehicle. 
A permanent motor home or RV trailer supplemental label (Figures 5 or 
6) must be permanently affixed within 25 millimeters of the placard 
specified in S4.3 for motor homes and S4.3.5 for RV trailers.
    S9.3.4 Permanent and temporary motor home OCCC labels must contain 
the following information in accordance with Figure 3:
    (a) The statement: ``MOTOR HOME OCCUPANT AND CARGO CARRYING 
CAPACITY'' in block letters.
    (b) The Vehicle Identification Number (VIN).
    (c) The statement ``THE COMBINED WEIGHT OF OCCUPANTS AND CARGO 
SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with 
appropriate values included.
    (d) The statement ``Safety belt equipped seating capacity: XXX'' 
with the appropriate value included. This is

[[Page 68462]]

the total number of safety belt equipped seating positions.
    (e) The statement ``CAUTION: A full load of water equals XXX kg or 
trailer counts as cargo'' with appropriate values included.
    S9.3.5 Permanent and temporary RV trailer CCC labels must contain 
the following information in accordance with Figure 4:
    (a) The statement: ``RECREATION VEHICLE TRAILER CARGO CARRYING 
CAPACITY'' in block letters.
    (b) The Vehicle Identification Number (VIN).
    (c) The statement ``THE WEIGHT OF CARGO SHOULD NEVER EXCEED: XXX kg 
or XXX lbs'' in block letters with appropriate values included.
    (d) The statement ``CAUTION: A full load of water equals XXX kg or 
included.
    S9.3.6 For RVs, the vehicle capacity weight values and the seating 
capacity values (motor homes only) on the placard required by S4.3 or 
S4.3.5 must agree with the load carrying capacity weight values and the 
safety belt equipped seating capacity (motor homes only) on the RV load 
carrying capacity labels (Figures 3 and 4).
    S9.3.7 The permanent motor home supplemental label must contain the 
following information in accordance with Figure 5:
    (a) The statement ``CAUTION: A full load of water equals XXX kg or 
trailer counts as cargo'' with appropriate values included.
    S9.3.8 The permanent RV trailer supplemental label must contain the 
following information in accordance with Figure 6:
    (a) The statement ``CAUTION: A full load of water equals XXX kg or 
included.
    S10. Weight added to vehicles between final vehicle certification 
and first retail sale of the vehicle.
    S10.1 If weight exceeding the lesser of 1.5 percent of GVWR or 45.4 
kg (100 pounds) is added to a vehicle between final vehicle 
certification and first retail sale of the vehicle, the vehicle 
capacity weight values on the placard required by S4.3 or S4.3.5 and 
the load carrying capacity weight values on the RV load carrying 
capacity labels (Figures 3 and 4) required by S9.3 must be corrected 
using one or a combination of the following methods:
    (a) Permanently affix load carrying capacity modification labels 
(Figure 7), which display the amount the load carrying capacity is 
reduced to the nearest kilogram with conversion to the nearest pound, 
within 25 millimeters of the original, permanent RV load carrying 
capacity label (Figure 3 or 4) and the original placard (Figure 1). The 
load carrying capacity modification labels must be legible, visible, 
permanent, moisture resistant, presented in the English language, have 
a minimum print size of 2.4 millimeters (3/32 inches) high and be 
printed in black print on a yellow background, or
    (b) If the manufacturer selects S9.3.3(b), apply a temporary 
version of the load carrying capacity modification label (Figure 7) 
within 25 millimeters of the original, temporary RV load carrying 
capacity label (Figure 3 or 4) on the interior of the forward-most 
exterior passenger door on the right side of the vehicle, in addition 
to applying a permanent version of the same label within 25 mm of the 
placard required by S4.3 or S4.3.5. Both temporary and permanent 
versions of the load carrying capacity modification label (Figure 7) 
may be printed without values and values may be legibly applied to the 
label with a black, fine point, indelible marker. The label must 
contain the statements ``CAUTION--LOAD CARRYING CAPACITY REDUCED'' in 
block letters and ``Modifications to this vehicle have reduced the 
original load carrying capacity by XXX kg or XXX lbs'' in accordance 
with Figure 7. If two load carrying capacity modification labels are 
required (one permanent and one temporary), the weight values on each 
must agree, or
    (c) Modify the original, permanent RV load carrying capacity labels 
(Figures 3 and 4) and the placard (Figure 1) with correct vehicle 
capacity weight values. If the manufacturer selects S9.3.3(b), the 
temporary RV load carrying capacity labels (Figures 3 and 4) must also 
be modified with correct vehicle capacity weight values. Modification 
of labels requires a machine printed overlay with printed corrected 
values or blanks for corrected values that may be entered with a black, 
fine-point, indelible marker. Crossing out old values and entering 
corrected values on the original label is not permissible, or
    (d) Replace the original, permanent RV load carrying capacity 
labels (Figures 3 and 4) and the placard (Figure 1) with the same 
labels/placard containing correct vehicle capacity weight values. If 
the manufacturer selects S9.3.3(b), the temporary RV load carrying 
capacity labels (Figures 3 and 4) must also be replaced with the same 
labels containing correct vehicle capacity weight values.
    S10.2 Corrected load carrying capacity weight values or the weight 
amount the load carrying capacity is reduced, must reflect the total 
weight added between final vehicle certification and first retail sale 
and must be accurate within one percent of the actual added weight. No 
action is required if the weight of the vehicle is reduced between 
final vehicle certification and first retail sale.


Sec.  571.110  [Amended]

0
4. Section 571.110 of title 49, Code of Federal Regulations, is amended 
by adding, after S10, Figure 3, Figure 4, Figure 5, Figure 6, and 
Figure 7 to read as follows:
BILLING CODE 4910-59-P

[[Page 68463]]

[GRAPHIC] [TIFF OMITTED] TR04DE07.043

BILLING CODE 4910-59-C

0
5. Section 571.120 of title 49, Code of Federal Regulations, is amended 
by revising the section heading, by revising S1, by revising S2, and by 
adding S10 through S10.5.2 to read as follows:


Sec.  571.120  Tire selection and rims and motor home/recreation 
vehicle trailer load carrying capacity information for motor vehicles 
with a GVWR of more than 4,536 kilograms (10,000 pounds).

    S1. Scope. This standard specifies tire and rim selection 
requirements, rim marking requirements and motor home/recreation 
vehicle trailer load carrying capacity information.
    S2. Purpose. The purpose of this standard is to provide safe 
operational performance by ensuring that vehicles to which it applies 
are equipped with tires of adequate size and load rating and with rims 
of appropriate size and type designation, and by ensuring that 
consumers are informed of motor home/recreation vehicle trailer load 
carrying capacity.
* * * * *
    S10. Each motor home and recreation vehicle (RV) trailer must meet 
the applicable requirements in S10.
    S10.1 On motor homes, the sum of the gross axle weight ratings 
(GAWR) of all axles on the vehicle must not be less than the gross 
vehicle weight rating (GVWR).
    S10.2 On RV trailers, the sum of the GAWRs of all axles on the 
vehicle plus the vehicle manufacturer's recommended tongue weight must 
not be less than the GVWR. If tongue weight is specified as a range, 
the minimum value must be used.
    S10.3 The tires on each motor home and RV trailer at first retail 
sale must be the same size as the tire size on the labeling required by 
S5.3.
    S10.4 Each motor home and RV trailer single stage or final stage 
manufacturer must affix either a motor home occupant and cargo carrying 
capacity (OCCC) label (Figure 1) or a RV trailer cargo carrying 
capacity (CCC) label (Figure 2) to its vehicles that meets the 
following criteria:
    S10.4.1 The RV load carrying capacity labels (Figures 1 and 2) must 
be legible, visible, moisture resistant, presented in the English 
language, have a minimum print size of 2.4 millimeters (\3/32\ inches) 
high and be printed in black print on a yellow background.
    S10.4.2 The weight value for load carrying capacity on the RV load 
carrying capacity labels (Figures 1 and 2) must be displayed to the 
nearest kilogram with conversion to the nearest

[[Page 68464]]

pound and must be such that the vehicle's weight does not exceed its 
GVWR when loaded with the stated load carrying capacity. The UVW and 
the GVWR used to determine the RV's load carrying capacity must reflect 
the weights and design of the motor home or RV trailer as configured 
for delivery to the dealer/service facility. If applicable, the weight 
of full propane tanks must be included in the RV's UVW and the weight 
of on-board potable water must be treated as cargo.
    S10.4.3 The RV load carrying capacity labels (Figures 1 and 2) must 
be:
    (a) Permanently affixed and must be visibly located on the interior 
of the forward-most exterior passenger door on the right side of the 
vehicle; or
    (b) If a permanent RV load carrying capacity label (Figure 1 or 2) 
is affixed in the location specified at S5.3(b), a temporary version of 
the RV load carrying capacity label (Figure 1 or 2) may be visibly 
located on the interior of the forward-most exterior passenger door on 
the right side of the vehicle.
    S10.4.4 Permanent and temporary motor home OCCC labels must contain 
the following information in accordance with Figure 1:
    (a) The statement: ``MOTOR HOME OCCUPANT AND CARGO CARRYING 
CAPACITY'' in block letters.
    (b) The Vehicle Identification Number (VIN).
    (c) The statement ``THE COMBINED WEIGHT OF OCCUPANTS AND CARGO 
SHOULD NEVER EXCEED: XXX kg or XXX lbs'' in block letters with 
appropriate values included.
    (d) The statement ``Safety belt equipped seating capacity: XXX'' 
with the appropriate value included. This is the total number of safety 
belt equipped seating positions.
    (e) The statement: ``CAUTION: A full load of water equals XXX kg or 
trailer counts as cargo'' with appropriate values included.
    S10.4.5 Permanent and temporary RV trailer CCC labels must contain 
the following information in accordance with Figure 2:
    (a) The statement: ``RECREATION VEHICLE TRAILER CARGO CARRYING 
CAPACITY'' in block letters.
    (b) The Vehicle Identification Number (VIN).
    (c) The statement: ``THE WEIGHT OF CARGO SHOULD NEVER EXCEED: XXX 
kg or XXX lbs'' in block letters with appropriate values included.
    (d) The statement: ``CAUTION: A full load of water equals XXX kg or 
included.
    S10.5 Weight added to motor homes and RV trailers between final 
vehicle certification and first retail sale of the vehicle.
    S10.5.1 If weight exceeding 45.4 kg (100 pounds) is added to a 
motor home or RV trailer between final vehicle certification and first 
retail sale of the vehicle, the load carrying capacity values on the RV 
load carrying capacity labels (Figures 1 and 2) required by S10.4 must 
be corrected using one or a combination of the following methods:
    (a) Permanently affix the load carrying capacity modification label 
(Figure 3) which displays the amount the load carrying capacity is 
reduced to the nearest kilogram with conversion to the nearest pound, 
within 25 millimeters of the original, permanent RV load carrying 
capacity label (Figure 1 or 2). The load carrying capacity modification 
label must be legible, visible, permanent, moisture resistant, 
presented in the English language, have a minimum print size of 2.4 
millimeters (3/32 inches) high and be printed in black print on a 
yellow background. If the manufacturer selects S10.4.3(b), apply a 
temporary version of the load carrying capacity modification label 
(Figure 3) within 25 millimeters of the original, temporary RV load 
carrying capacity label (Figure 1 or 2) on the interior of the forward-
most exterior passenger door on the right side of the vehicle. Both 
temporary and permanent versions of the load carrying capacity 
modification label (Figure 3) may be printed without values and values 
may be legibly applied to the label with a black, fine point, indelible 
marker. The label must contain the statements ``CAUTION--LOAD CARRYING 
CAPACITY REDUCED'' in block letters and ``Modifications to this vehicle 
have reduced the original load carrying capacity by XXX kg or XXX lbs'' 
in accordance with Figure 3 with appropriate values in place of XXX. If 
two load carrying capacity modification labels are required (one 
permanent and one temporary), the weight values on each must agree, or
    (b) Modify the original permanent RV load carrying capacity label 
(Figure 1 or 2) with correct load carrying capacity weight values. If 
the manufacturer selects S10.4.3(b), the temporary RV load carrying 
capacity label (Figure 1 or 2) must also be modified with correct load 
carrying capacity weight values. Modification of labels requires a 
machine printed overlay with printed corrected values or blanks for 
corrected values that may be entered with a black, fine-point, 
indelible marker. Crossing out old values and entering corrected values 
on the original label is not permissible, or
    (c) Replace the original, permanent RV load carrying capacity label 
(Figure 1 or 2) with the same label containing correct load carrying 
capacity weight values. If the manufacturer selects S10.4.3(b), the 
temporary RV load carrying capacity label (Figure 1 or 2) must also be 
replaced with the same label containing correct load carrying capacity 
weight values.
    S10.5.2 Corrected load carrying capacity weight values or the 
weight amount the load carrying capacity is reduced, must reflect the 
total weight added between final vehicle certification and first retail 
sale and must be accurate within one percent of the actual added 
weight. No re-labeling is required if the weight of the vehicle is 
reduced between final vehicle certification and the first retail sale.
    6. Section 571.120 of title 49, Code of Federal Regulations, is 
amended by adding, after S10, Figure 1, Figure 2, and Figure 3 to read 
as follows:

[[Page 68465]]

[GRAPHIC] [TIFF OMITTED] TR04DE07.044


    Note: This appendix will not appear in the Code of Federal 
Regulations.

Appendix A--Label Requirements for Various Vehicle/GVWR Combinations

    The following scenarios summarize the label requirements for 
various vehicle/GVWR combinations.

    Note: This explanation is offered as a guide to the various 
labels and figure numbers. An explanation of the labels applicable 
to each vehicle type (i.e., light vehicles other than RVs, light 
RVs, and heavy RVs) is set forth below.

    Except for the motor home and RV trailer supplemental labels in 
the amendment to FMVSS No. 110 (Figures 5 and 6), light RVs and 
heavy RVs use the same motor home OCCC label and the same RV trailer 
CCC labels. Also both light and heavy RVs use the same load carrying 
capacity modification label. As light vehicles are addressed by 
FMVSS No. 110 and heavy vehicles are addressed by FMVSS No. 120, 
regulatory text and figures containing labels had to be placed in 
each of the two standards. FMVSS No. 110 already contained two 
figures; therefore the new labels begin with Figure 3. FMVSS No. 120 
had no existing figures; therefore the new labels begin with Figure 
1. For example:
     The motor home OCCC label in FMVSS No. 110, Figure 3 is 
the same as the motor home OCCC label in FMVSS No. 120, Figure 1.
     The RV trailer CCC label in FMVSS No. 110, Figure 4 is 
the same as the RV trailer CCC label in FMVSS No. 120, Figure 2.
     The load carrying capacity modification label FMVSS No. 
110, Figure 7 is the same as the load carrying capacity modification 
label in FMVSS No. 120, Figure 3.

Figure numbers in the following scenarios refer to the figures in 
the regulatory text for the amendments to FMVSS Nos. 110 and 120.

Light Vehicles Other Than RVs

     If weight added after final vehicle certification and 
before first retail sale exceeds the lesser of 1.5 percent of GVWR 
or 100 pounds, then
    [cir] Correct the load carrying capacity information by 
modifying or replacing the FMVSS No. 110 tire placard, or
    [cir] Install the load carrying capacity modification label 
(amendment to Standard No. 110, Figure 7) within 25 mm of the FMVSS 
No. 110 tire placard showing the amount the load carrying capacity 
is reduced.

Light RVs

     Option 1--Install a permanent motor home OCCC label or 
RV trailer CCC label (amendment to Standard No. 110, Figure 3 or 4) 
visibly on the interior of the forward-most exterior passenger door 
on the right side of the vehicle.
    [cir] If weight added after final vehicle certification and 
before first retail sale exceeds the lesser of 1.5 percent of GVWR 
or 100 pounds, then
    [dec222] Correct the load carrying capacity information by 
modifying or replacing the FMVSS No. 110 tire placard and the 
permanent motor home OCCC label or RV trailer CCC label, or
    [dec222] Install permanent load carrying capacity modification 
labels (amendment to Standard No. 110, Figure 7) within 25 mm of the 
FMVSS No. 110 tire placard and within 25 mm of the permanent motor 
home OCCC label or RV trailer CCC label showing the amount the load 
carrying capacity is reduced (two load carrying capacity 
modification labels are required because on a light RV, load 
carrying capacity information appears on both the tire placard and 
the motor home OCCC label or RV trailer CCC label).
     Option 2--Install a temporary version of the motor home 
OCCC label or RV trailer CCC label (amendment to Standard No. 110, 
Figure 3 or 4) visibly on the interior of the forward-most exterior 
passenger door on the right side of the vehicle and install a 
permanent motor home or RV trailer supplemental label (amendment to 
Standard No. 110, Figure 5 or 6) within 25 mm of the FMVSS No. 110 
tire placard (motor home and RV trailer supplemental labels do not 
duplicate information that already exists on the tire placard).
    [cir] If weight added after final vehicle certification and 
before first retail sale exceeds the lesser of 1.5 percent of GVWR 
or 100 pounds, then
    [dec222] Correct the load carrying capacity information by 
modifying or replacing the tire placard and the temporary version of 
the motor home OCCC label or RV trailer CCC label, or
    [dec222] Install a permanent load carrying capacity modification 
label (amendment to Standard No. 110, Figure 7) within 25 mm of the 
tire placard and install a temporary version of the load carrying 
capacity modification label (amendment to Standard No. 110, Figure 
7) within 25 mm of the temporary version of the motor home OCCC 
label or RV trailer CCC label in the specified location. The 
permanent and temporary version of the load carrying capacity 
modification label will display the amount the load carrying 
capacity is reduced. This scenario would have both the supplemental 
label (Figure 5 or 6) and the permanent load carrying capacity 
modification label (Figure 7) installed within 25 mm of the placard 
(Figure 1).

[[Page 68466]]

Heavy RVs

     Option 1--Install a permanent motor home OCCC label or 
RV trailer CCC label (amendment to Standard No. 120, Figure 1 or 2) 
visibly on the interior of the forward-most exterior passenger door 
on the right side of the vehicle.
    [cir] If weight added after final vehicle certification and 
before first retail sale exceeds 100 pounds, then
    [dec222] Correct the load carrying capacity information by 
modifying or replacing the permanent motor home OCCC label or RV 
trailer CCC label, or
    [dec222] Install a permanent load carrying capacity modification 
label (amendment to Standard No. 120, Figure 3) within 25 mm of the 
permanent motor home OCCC label or RV trailer CCC label showing the 
amount the load carrying capacity is reduced.
     Option 2--Install a temporary version of the motor home 
OCCC label or RV trailer CCC label (amendment to Standard No. 120, 
Figure 1 or 2) visibly on the interior of the forward-most exterior 
passenger door on the right side of the vehicle and install a 
permanent motor home OCCC label or RV trailer CCC label in the area 
specified for tire information by FMVSS No. 120.\14\
---------------------------------------------------------------------------

    \14\ FMVSS No. 120, S5.3(a) provides the option of including 
tire information on the certification label required by 49 CFR Sec.  
567.4 or Sec.  567.5. FMVSS No. 120, S5.3(b) provides the option of 
including the tire information on a tire information label affixed 
to the vehicle in the manner, location and form described in Sec.  
567.4(b) through (f). Note that Sec.  567(d) applies only to 
trailers.
---------------------------------------------------------------------------

    [cir] If weight added after final vehicle certification and 
before first retail sale exceeds 100 pounds, then
    [dec222] Correct the load carrying capacity information by 
modifying or replacing both the permanent and temporary motor home 
OCCC labels or RV trailer CCC labels, or
    [dec222] Install a permanent load carrying capacity modification 
label (amendment to Standard No. 120, Figure 3) within 25 mm of the 
permanent motor home OCCC label or RV trailer CCC label and install 
a temporary version of the load carrying capacity modification label 
(amendment to Standard No. 120, Figure 3) within 25 mm of the 
temporary motor home OCCC label or RV trailer CCC label showing the 
amount the load carrying capacity is reduced.

    Issued on: November 20, 2007.
Nicole R. Nason,
Administrator.

[FR Doc. E7-22962 Filed 12-3-07; 8:45 am]

BILLING CODE 4910-59-P
