[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, th