Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity, 68442-68466 [E7-22962]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68442-68466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22962]



[[Page 68441]]

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Part III





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Part 571



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

Federal Register / Vol. 72 , No. 232 / Tuesday, December 4, 2007 / 
Rules and Regulations

[[Page 68442]]


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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.

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

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    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.
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    \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).
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    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.
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    \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.
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    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

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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.
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    \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.
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    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\
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    \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.''
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    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.
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    \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.
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    \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. * * 
*''
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    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 a