Rule: Motor Vehicle Safety Standards: Motor Homes and Recreation Vehicle Trailers Over 10,000 Pounds Cargo Carrying Capacity Tire Selection and Rims

Tuesday,
December 4, 2007
Part III
Department of
Transportation
National Highway Traffic Safety
Administration
49 CFR Part 571

Federal Motor Vehicle Safety Standards;
Cargo Carrying Capacity; Final Rule
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68442 Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION ADDRESSES: Petitions for reconsideration F. Label Format and Content
of the final rule must refer to the docket 1. NPRM
National Highway Traffic Safety and notice number set forth above and 2. Revised RV Load Carrying Capacity
Administration be submitted to the Administrator, Labels
G. Addition of Weight to FMVSS No. 110
National Highway Traffic Safety
49 CFR Part 571 Vehicles and FMVSS No. 120 Motor
Administration, 1200 New Jersey Homes and Travel Trailers Between
[DOT Docket No. NHTSA–2007–0040] Avenue, SE., Washington, DC 20590. Vehicle Certification and First Retail
FOR FURTHER INFORMATION CONTACT: Sale of the Vehicle
RIN 2127–AJ57 For non-legal issues, you may call Mr. 1. Proposal Concerning FMVSS No. 110
William D. Evans, Office of Crash 2. Proposal Concerning FMVSS No. 120
Federal Motor Vehicle Safety 3. Comments and Decision Concerning
Avoidance Standards at (202) 366–2272.
Standards; Cargo Carrying Capacity Weight Added to Heavy RVs and All
His FAX number is (202) 366–2990.
AGENCY: National Highway Traffic For legal issues, you may call Ms. Light Vehicles After Final Vehicle
Safety Administration (NHTSA), DOT. Dorothy Nakama, Office of the Chief Certification and Before First Retail Sale
H. Other Issues
ACTION: Final rule. Counsel at (202) 366–2992. Her FAX
1. Whether the Final Rule Should Protect
number is (202) 366–3820. Against Overloading Tires, Wheels,
SUMMARY: In this final rule, we (NHTSA) You may send mail to both of these Axles and Suspensions on RVs
address the problem of motor home and officials at National Highway Traffic 2. RV Weight and Weighing Issues
recreation vehicle trailer overloading by Safety Administration, 1200 New Jersey 3. Numbering in Proposed FMVSS No. 110
amending the Federal Motor Vehicle Avenue, SE., Washington, DC 20590. Regulatory Text
Safety Standards (FMVSS) on tire SUPPLEMENTARY INFORMATION: 4. Scope of Notice for Joint Petition Issues
selection and rims. 5. Response to Issues of the Joint Petition
This final rule requires manufacturers Table of Contents 6. The Meaning of ‘‘Stated Weight Ratings’’
of all motor homes and recreation I. Background on FMVSS No. 110 Placards
vehicle trailers to provide information A. The May Petition 7. Issues Outside the Scope of this
to consumers in a label that informs the B. Joint Industry Petition for Rulemaking Rulemaking
consumer about the vehicle’s load and Interim Relief Concerning Standard V. Final Rule
No. 110 Issues VI. Leadtime
carrying capacity. This information is II. Notice of Proposed Rulemaking of August VII. Regulatory Analyses and Notices
helpful both at the time the consumer is 31, 2005 A. Executive Order 12866 and DOT
making a purchase decision and as the III. Overview Regulatory Policies and Procedures
consumer uses his or her vehicle. We A. Summary of Comments B. Executive Order 13132 (Federalism)
also require that the size of tires on B. Summary of the Final Rule C. Executive Order 13045 (Economically
motor homes and recreation vehicle C. Summary of Significant Differences Significant Rules Affecting Children)
trailers be the same as the size of the Between the NPRM and the Final Rule D. Executive Order 12988 (Civil Justice
tires listed on the tire information label. IV. Public Comments and NHTSA’s Response Reform)
In addition, this rule provides A. Applicability of This Final Rule E. Regulatory Flexibility Act
regulatory relief for dealers from a 1. Whether the Final Rule Should Apply to F. National Environmental Policy Act
All RVs, Not Just to RVs with Gross G. Paperwork Reduction Act
labeling requirement in the safety Vehicle Weight Ratings Greater than H. National Technology Transfer and
standard on tire selection and rims for 4,536 Kilograms (10,000 Pounds) Advancement Act
light vehicles. The standard’s 2. Excluding Light RVs from FMVSS No. I. Unfunded Mandates Reform Act of 1995
requirement can currently require 110 Labeling Requirements J. Plain Language
dealers which add even small amounts B. Definitions K. Regulation Identifier Number (RIN)
of weight to re-label the vehicles. Under 1. NPRM Final Rule Regulatory Text
today’s amendment, any party that adds 2. The Definition of ‘‘Travel Trailer’’ and
weight to a completed vehicle exceeding ‘‘Motor Home’’ I. Background
the lesser of 1.5 percent of the vehicle’s 3. NPRM’s Term ‘‘Tongue Load Rating’’ for
RV Trailers A. The May Petition
gross vehicle weight rating or 100 C. GVWR, GAWR and Tire Load
pounds (before first sale to the retail Information for Motor Homes and
In a petition dated January 21, 2000,
customer) is required to disclose this Recreation Vehicle Trailers Ms. Justine May petitioned NHTSA to
extra weight on labels affixed to the 1. NPRM amend Federal Motor Vehicle Safety
vehicles. Lesser amounts of weight may 2. Requirement that Heavy RVs be Standard (FMVSS) Number 120, Tire
be added without changing or adding Delivered to the Customer With the selection and rims for motor vehicles
labels. Same Size Tires That are Listed on the other than passenger cars. Ms. May
It is our belief that this rule Vehicle Certification Label or Tire requested that FMVSS No. 120 be
complements the efforts of the Information Label revised in such a way that motor
3. Whether the ‘‘Make Inoperative’’
recreation vehicle industry to provide vehicles would be equipped with tires
Prohibition Applies to the FMVSS No.
consumers with information in order to 110 Vehicle Placard and Optional Tire that meet maximum load standards
help reduce overloading motor homes Inflation Pressure Label when the vehicle is loaded with a
and recreation vehicle trailers. This D. Determining Occupant Capacity Weight reasonable amount of luggage and the
rulemaking was initiated in response to 1. NPRM total number of passengers the vehicle
a petition from Ms. Justine May. 2. RV Occupant Capacity Weight (OCW) is designed to carry. Ms. May’s stated
DATES: Effective date: The effective date and the Weight of a Standard Occupant reason for her petition was her family’s
for this final rule is June 2, 2008. E. Location of Labels personal experience with a fifth-wheel
1. NPRM
Optional immediate compliance is travel trailer. She stated that there was
2. Revised RV Load Carrying Capacity
available as of December 4, 2007. Labels
no information provided with her trailer
Petitions for reconsideration: Petitions 3. Label Locations for Heavy RVs and All stating its cargo carrying capacity (CCC).
for reconsideration of the final rule must Light Vehicles Ms. May believes that loading her
be received not later than January 18, 4. Location of the FMVSS No. 110 Load vehicle with cargo for a trip placed it in
2008. Carrying Capacity Modification Label an overloaded condition, resulting in
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations 68443
tire blowouts. The agency granted Ms. recommended by Transport Canada and also supported for instances when
May’s petition for rulemaking. the RVIA. weight is added to a vehicle after final
In the NPRM, we also included vehicle certification and before first
B. Joint Industry Petition for Rulemaking several provisions to address the Joint retail sale. Many commenters stated that
and Interim Relief Concerning Standard Petition concerning FMVSS No. 110. the relief proposed in the NPRM, 0.5
No. 110 Issues Included was a proposal to permit percent of vehicle GVWR, was too low.
dealers to add weight up to 0.5 percent
Prior to publication of an NPRM B. Summary of the Final Rule
of the GVWR (of a vehicle subject to
addressing the May petition, NHTSA
FMVSS No. 110) before first retail sale, After considering the public
received a Joint Petition for Rulemaking without need for the dealers to re-label
and Interim Relief concerning certain comments, and for the reasons
or re-placard the vehicle. discussed in detail later in this
FMVSS No. 110 provisions that were
III. Overview document, we have decided to require
scheduled to take effect on September 1,
all motor homes and recreation vehicle
2005 regarding vehicle capacity weight A. Summary of Comments (RV) trailers to bear a label that informs
and tire information. The Joint Petition 1
In response to the NPRM, NHTSA the consumer about the vehicle’s load
requested a notice of interim final
received comments from the following: carrying capacity. The final rule defines
rulemaking authorizing or clarifying the term ‘‘recreation vehicle trailer’’
Adaptive Driving Alliance (ADA);
that the vehicle capacity weight rather than using the term proposed in
Alliance of Automobile Manufacturers
statement required by FMVSS No. 110 the NPRM, ‘‘travel trailer.’’ We also
(Alliance); Association of International
allows for a reasonable tolerance, that require that the size of tires on motor
Automobile Manufacturers (AIAM);
vehicle capacity weight be labeled as homes and RV trailers be the same as
Marine Retailers Association of America
‘‘estimated’’ and as ‘‘originally the size of tires listed on the tire
(MRAA); National Association of Trailer
manufactured,’’ that placards/labels Manufacturers (NATM); National information label.
may be modified rather than replaced Automobile Dealers Association For motor homes and RV trailers, we
and that shipping weight or weight (NADA); National Marine require labels that display the VIN, the
determined by scales of reasonable Manufacturers Association (NMMA); weight of a full load of water, the unit
accuracy may be used to determine the National Mobility Equipment Dealers weight of water and a cautionary
additional weight of equipment added Association (NMEDA); National RV statement that the weight of water is
to vehicles. Dealers Association (RVDA); National part of cargo. Motor home labels must
II. Notice of Proposed Rulemaking of Trailer Dealers Association (NTDA); display the maximum weight of
August 31, 2005 National Truck Equipment Association occupants and cargo and RV trailer
(NTEA); Recreation Vehicle Industry labels must display the maximum
On August 31, 2005, NHTSA Association (RVIA); Rubber weight of cargo. In addition, for motor
published in the Federal Register (70 Manufacturers Association (RMA); Mr. homes, the label must show the safety
FR 51707) (DMS Docket No. NHTSA– Nate J. Seymour (Seymour); Specialty belt equipped seating capacity and must
2005–22242), the NPRM to address the Equipment Market Association (SEMA); indicate that the tongue weight of a
problem of motor home and travel Toyota Motor North America, Inc. towed trailer counts as cargo.
trailer overloading. The agency (Toyota); Mr. James Weston (Weston); To promote a consistent conspicuous
explained in some detail the safety need and Mr. Tim Walker (Walker). label location, this final rule specifies
for the proposed rule, which would help Many of the commenters addressed that permanent load carrying capacity
to prevent motor home and travel trailer the applicability of the proposed rule, labels be affixed to the interior of the
overloading.2 NHTSA cited data from and recommended that the final rule forward-most exterior passenger door on
the Recreation Vehicle Industry should apply to all motor homes and the right side of the vehicle and be
Association (RVIA) regarding the travel trailers, not just those with visible. As an alternative (to address
number of recreation vehicles and from GVWRs over 4,536 kg (10,000 pounds). aesthetic considerations) the rule
the Recreation Vehicle Safety Education We were also asked to simplify the permits manufacturers to place a
Foundation (RVSEF) showing the scope definition of ‘‘occupant capacity temporary label to the interior of the
of the overloading problem. The agency weight.’’ Some commenters, notably the forward-most exterior passenger door on
described characteristics of motor RVIA, asked NHTSA to specify multiple the right side of the vehicle and apply
homes and travel trailers, explaining locations (three) for the labeling a permanent label in the area of the
how they may become overloaded, and information. There were vehicle specified by FMVSS Nos. 110
cited cargo carrying capacity-related recommendations for more detailed and 120 for tire information.
consumer information and labels that information on cargo carrying capacity,
In addition, this final rule adopts a
are currently required by NHTSA. including definitions of GVWR,
threshold for correcting load carrying
unloaded vehicle weight, and cargo
Finally, NHTSA described cargo capacity information on tire placards,
carrying capacity, and a request for
carrying capacity consumer information motor home occupant and cargo
NHTSA to provide more guidance on
and labels currently required or carrying capacity (OCCC) labels and RV
the effects of dealer installed equipment
trailer CCC labels of the lesser of 1.5
on cargo carrying capacity and the
1 ‘‘Joint Petition’’ means the ‘‘Joint Petition for percent of GVWR or 100 pounds, greatly
distribution of cargo.
Rulemaking and Interim Relief; Federal Motor
Reiterating issues raised in previous decreasing the need to correct the
Vehicle Safety Standard (FMVSS) No. 110; Vehicle information. When correction of load
Capacity Weight and Tire Information’’ dated July rulemakings, and interpretation letters,
29, 2005 which was submitted to NHTSA by a some commenters asked for revisions in carrying capacity is needed, this rule
group of trade organizations through Mike Kastner

FMVSS No. 110 vehicle (tire) permits the use of generic labels where
(NTEA) and Douglas Greenhaus (NADA). The
placarding 3 requirements. Relief was corrected values can be legibly entered
document is available in docket NHTSA–2005– using a black, fine point, indelible
22242–3.
2 For a full explanation of the safety need for the 3 For purposes of this document, ‘‘tire placard’’ marker. This permits dealers to stock
rulemaking, and data cited in support, please refer means the vehicle placard required by S4.3 of one generic load carrying capacity
to the NPRM of August 31, 2005 at 70 FR 51707. FMVSS No. 110. modification label.
In this final rule, the addition of the IV. Public Comments and NHTSA’s facilities, water storage and cargo
load carrying capacity modification Response storage.
label is one of three options that can be RVIA cited its 2004 sales statistics
A. Applicability of This Final Rule that approximately 250,300 RVs
used to correct load carrying capacity
information when dealer added weight 1. Whether the Final Rule Should shipped were light RVs and would be
exceeds the threshold. Dealers/service Apply to All RVs, Not Just to RVs with subject to FMVSS No. 110 requirements,
facilities are permitted to: (1) Replace GVWRs Greater Than 4,536 kg (10,000 and approximately 112,300 RVs shipped
existing tire placards, motor home pounds)—In the NPRM, NHTSA were heavy RVs and would be subject
proposed that the new labeling rule to FMVSS No. 120 requirements. RVIA
OCCC labels or RV trailer CCC labels
apply to motor homes and travel trailers said that if the proposed CCC label
with new placards/labels containing
over 4,536 kg (10,000 pounds). requirements are limited to heavy RVs,
correct load carrying capacity
Seymour, the RVDA and the RVIA all a large portion of the overloading
information; (2) modify existing tire commented that the proposed RV problem would not be addressed and
placards, motor home OCCC labels or labeling requirements should not be different labels for different classes of
RV trailer CCC labels so they display limited to motor homes and travel RVs would confuse consumers,
correct load carrying capacity trailers with GVWRs over 4,536 kg minimizing the benefits of the new RV
information; or (3) add a load carrying (10,000 pounds) but should apply to all labeling requirements.
capacity modification label within 25 RVs. Since NHTSA seeks to apply the load
mm of the existing tire placard and/or RVDA commented that the proposed carrying capacity label requirements
the motor home OCCC label or RV CCC labels for heavy RVs 4 provide most effectively, it has decided to apply
trailer CCC label. useful information for both consumers the new requirements to all RVs that fit
and dealers. It argued that consumers the appropriate definitions, regardless of
C. Summary of Significant Differences
who purchase light RVs should also GVWR. We believe this is a logical
Between the NPRM and the Final Rule
have the benefit of the same detailed outgrowth of the proposal, and note that
This final rule differs from the August information. RVDA also indicated that if the request for wider applicability came
2005 NPRM in the following significant the proposed regulatory text was made from the RVIA and RVDA which
ways. In the NPRM, NHTSA proposed final, there would be three different represent approximately 95 percent of
that the rule apply to motor homes and labels for RVs: (1) Heavy RVs would the RV industry, consisting of many
travel trailers with GVWRs greater than have the FMVSS No. 120 CCC label small businesses. As they explained in
4,536 kg (10,000 pounds). This final rule which would most likely replace the the comments, both light and heavy RVs
applies to all motor homes and RVIA label; (2) Light RVs would have have similar uses, loading
recreation vehicle trailers, regardless of the FMVSS No. 110 tire placard with characteristics, and overloading issues;
load carrying capacity information; and a substantial number of RVs sold have
GVWR. In the NPRM, NHTSA proposed
(3) Most light RVs may also have a more GVWRs of 4,536 kg (10,000 pounds) or
that in determining cargo carrying
detailed RVIA label. According to that less. Applying this final rule to all RVs
capacity, that the occupant capacity
organization, these different labels for will require RV load carrying capacity
weight be determined. In this final rule,
heavy RVs versus light RVs may confuse label requirements to appear in both
we adopt labels that display the consumers. Standard Nos. 110 and 120.
maximum weight allotted for both RVIA commented that the majority of We note that since the August 2005
occupants and cargo. In the NPRM, ‘‘travel trailers,’’ some smaller motor NPRM was published, amendments to
NHTSA proposed one location for the homes and virtually all RV conversion Standard Nos. 110 and 120 took effect
permanent label—affixed to the interior vehicles 5 have GVWRs of 4,536 kg on September 1, 2005. Before the
of the forward-most exterior passenger (10,000 pounds) or less and are subject amendments, Standard No. 110 applied
door on the right side of the vehicle. to the FMVSS No. 110 load carrying to passenger cars and Standard No. 120
This location has been adopted in the capacity labeling requirements. Travel applied to other vehicles. After the
final rule. In addition, the final rule trailers with GVWRs greater than 4,536 amendments took effect, Standard No.
permits manufacturers the option of kg (10,000 pounds) and most motor 110 applies to vehicles with GVWRs of
placing a temporary label in the homes would be subject to the proposed 4,536 kg (10,000 pounds) or less, and
specified location and applying an FMVSS No. 120 NPRM CCC label. RVIA Standard No. 120 applies to vehicles
identical permanent label in the area of recommended consistency of the with a GVWR of more than 4,536 kg
the vehicle specified by FMVSS Nos. information provided to RV consumers (10,000 pounds).
110 and 120 for tire information. regardless of the RV’s size. RVIA stated 2. Excluding Light RVs from FMVSS
In the NPRM, NHTSA proposed for that all RVs regardless of their GVWRs No. 110 Labeling Requirements—As part
both FMVSS No. 110 and 120 vehicles, have the primary function of providing of its recommended labeling format,
that if weight greater than 0.5 percent of mobile, temporary, on-site living RVIA suggested that light RVs be
GVWR is added by the dealer before quarters, and all contain residential excluded from the labeling requirements
first retail sale, the dealer would be features such as sleeping of FMVSS No. 110, and RVs only be
required to correct the stated load accommodations, bathrooms, cooking subject to RVIA’s suggested format. If
carrying capacity information. In the adopted, RVIA’s recommendation
4 Throughout this document, ‘‘light RV’’ means a would mean that for light RVs, load
final rule, the weight has been adjusted recreation vehicle with a GVWR of 4,536 kg (10,000 carrying capacity information would not
to the lesser of 1.5 percent of GVWR or pounds) or less. ‘‘Heavy RV’’ means a recreation
be required on the FMVSS No. 110 tire
100 pounds. vehicle with a GVWR of more than 4,536 kg. Motor
homes, travel trailers (as proposed to be defined in placard. Manufacturers that are RVIA
Finally, in the NPRM, NHTSA
the NPRM) and recreation vehicle trailers are all members would place RVIA’s suggested
proposed labels with detailed subgroups of recreation vehicles (RVs). small label with similar load carrying
information on how the cargo carrying 5 As defined by RVIA, conversion vehicle means
capacity information in the same area as
vans, SUVs and pickup trucks that are
capacity is calculated. In this final rule, manufactured by an automaker, then altered for the tire placard.
we adopt labels that have been recreational use by a company specializing in NHTSA has decided not to change the
simplified. customizing vehicles. existing tire placard requirements in
FMVSS No. 110. Some of these to ‘‘recreation vehicle trailer.’’ The load than incidental living quarters and
requirements have recently become carrying capacity labeling requirements provide a cargo area for smaller items
effective and additional amendments in this final rule apply to all vehicles for personal use such as motorcycles,
are scheduled to become effective in the that meet the definitions of ‘‘motor mountain bikes, all terrain vehicles
near future. However, in this final rule, home’’ and ‘‘recreation vehicle trailer’’ (ATVs), snowmobiles, canoes or other
NHTSA is adding additional language to (RV trailer). RV trailers include all types of recreational gear. NHTSA
FMVSS Nos. 110 and 120 in order to towable RVs such as folding camping intends these vehicles to be included in
accommodate the RV load carrying trailers, conventional travel trailers, definition of ‘‘recreation vehicle trailer’’
capacity labeling requirements. As more fifth-wheel travel trailers, travel trailers and be subject to the requirements of
fully explained in the section titled with expansion ends, sport utility RV this final rule.
‘‘Location of Labels,’’ this final rule has trailers, and all other trailers intended RVIA commented that the definition
an alternative labeling scheme that for recreational purposes that meet the of ‘‘travel trailer’’ inadvertently
prevents duplication of information definition of ‘‘recreation vehicle trailer.’’ excludes some folding camping trailers
when both a tire placard and a motor Raising similar concerns, NATM which collapse into a low profile unit in
home OCCC label or RV trailer CCC commented that the ‘‘travel trailer’’ the travel mode. Upon reaching the
label are located in the same area of the definition inadvertently includes camping destination, the unit when
vehicle. ordinary cargo trailers with built-in deployed has a ‘‘pop-up’’ roof, padded
living quarters, trailers that NATM’s sleeping surface extensions and canvas
B. Definitions members (few of whom are members of side walls. Some of the smaller and less
1. NPRM—In the August 2005 NPRM, RVIA) build primarily for transporting expensive models may not have four of
NHTSA proposed that the rule apply to horses, livestock, automobiles and other the six specified facilities noted in the
motor homes and travel trailers. We commercial products. These cargo proposed ‘‘travel trailer’’ definition.
proposed to revise the definition of trailers also include four of the six RVIA suggested that these smaller
‘‘motor home’’ (included in 49 CFR Part specified facilities NHTSA proposed as folding camping trailers would be
571.3) to refer to ‘‘propane’’ rather than evidence of temporary living or covered by modifying the definition of
‘‘LP gas supply’’ and to add a new residential accommodations. ‘‘travel trailer’’ to focus on the primary
definition of ‘‘travel trailer’’ to Part These ‘‘living quarters’’ or facilities purpose of the trailer, not simply the
571.3 as follows: are often installed after the horse trailer presence of certain amenities alone.
or auto hauler leaves the trailer Thus, the definition recommended by
Motor home means a multi-purpose
manufacturer’s plant. Since these living RVIA would only require one of the
vehicle with motive power that is designed
to provide temporary residential
quarter-equipped cargo trailers are facilities proposed in the NPRM to be
accommodations, as evidenced by the designed primarily to haul commercial considered a ‘‘recreation vehicle
presence of at least four of the following cargo, their living quarters occupy much trailer.’’
facilities: Cooking; refrigeration or ice box; less floor space than do RV travel NHTSA has decided not to adopt
self-contained toilet; heating and/or air trailers. The cargo trailers are not RVIA’s comment. The definition for
conditioning; a potable water supply system labeled to disclose cargo carrying ‘‘travel trailer’’ proposed in the NPRM
including a faucet and a sink; and a separate capacity. NATM argued that mandating was fashioned after the definition of
110–125 volt electrical power supply and/or their labeling with a RV trailer CCC ‘‘motor home’’ at 49 CFR 571.3, and to
propane. label would impose an unnecessary minimize confusion, NHTSA seeks to
Travel trailer means a trailer designed to be
burden upon these manufacturers, most keep the ‘‘facilities’’ and the number of
drawn by a vehicle with motive power by
means of a bumper or frame hitch or a special
of which are small businesses. facilities needed to provide temporary
hitch in a truck bed and is designed to NATM asked NHTSA to revise the residential accommodations in both
provide temporary residential proposed definition of ‘‘travel trailer’’ to definitions consistent.
accommodations, as evidenced by the include the following exception to the In this final rule, the folding camping
presence of at least four of the following definition: ‘‘* * * except trailers trailers that are not subject to the heavy
facilities: Cooking; refrigeration or ice box; designed primarily to transport cargo.’’ RV CCC label requirements will have
self-contained toilet; heating and/or air It argued that this more limited GVWRs of 4,536 kilograms (10,000
conditioning; a potable water supply system definition is fully consistent with the pounds) or less and will be required to
including a faucet and a sink; and a separate intent of the proposed new consumer- have tire placard load carrying capacity
110–125 volt electrical power supply and/or labeling requirement. information required by FMVSS No.
propane.
NHTSA agrees with NATM that it did 110. NHTSA does not believe that the
2. The Definition of ‘‘Travel Trailer’’ not intend the definition of ‘‘travel folding camping trailers are significantly
and ‘‘Motor Home’’—A definition of trailer’’ to include the types of contributing to the RV overloading
‘‘travel trailer’’ was proposed in the commercial cargo trailers that NATM problem, as when the trailer is folded,
NPRM since the majority of heavy RV described in its comment. Trailers there is little room for cargo.
trailers, including 5th wheel travel designed to accommodate cargo such as Finally, in this final rule, ‘‘motor
trailers and all other travel trailers are livestock and racing cars usually have homes’’ will include all motorized RVs
considered ‘‘travel trailers.’’ As more ample space and GVWR for such cargo, such as Type A motor homes, Type B
fully explained elsewhere in this final and the space allotted for living quarters motor homes, Type C motor homes, van
rule, since this final rule applies the is incidental. Therefore, in this final conversions, truck conversions, sport-
motor home OCCC label and the RV rule, the definition of ‘‘recreation utility conversions, and other motor
trailer CCC label to all RVs regardless of vehicle trailer’’ will not include trailers vehicles that meet the definition of
GVWR, the definition must apply to ‘‘designed primarily to transport cargo.’’ ‘‘motor home.’’ There were no
more types of RV trailers. NHTSA NHTSA further notes that trailers comments to the proposed change to the
believes that it is therefore necessary to ‘‘designed primarily to transport cargo’’ ‘‘motor home’’ definition to refer to
make the trailer term being defined does not include trailers (used for propane. Thus, the proposed definition
more generic. personal purposes) known as ‘‘sport of ‘‘motor home’’ is adopted as final.
In this final rule, NHTSA changes the utility RVs’’ or ‘‘toy haulers.’’ These 3. NPRM’s Term ‘‘Tongue Load
term being defined from ‘‘travel trailer’’ trailers usually have spacious rather Rating’’ for RV Trailers—NATM
commented that the term ‘‘tongue load proposed requirement would not required label, the additional weight
rating’’ used in the NPRM is not prevent individual tires on motor homes must be added to the unloaded vehicle
recognized in the trailer industry, and and ‘‘travel trailers’’ from being weight (UVW).’’
recommended that ‘‘measured tongue overloaded. RVDA commented that after
weight’’ be used instead. NATM also In the NPRM, we also proposed to consulting with many dealers and
recommended that S10.2 in the require that the size of the tires that are aftermarket suppliers of RVs, it believes
proposed regulatory text of FMVSS No. on motor homes and ‘‘travel trailers’’ at a requirement that RVs with GVWRs of
120 be changed to ‘‘On travel trailers, the time of first retail sale be the same more than 4,536 kg have tires at first
the sum of the GAWRs of all axles on size as the tires on the tire label required retail sale that are the same size as the
the vehicle plus the minimum by FMVSS No. 120. FMVSS No. 120 tires listed on the vehicle certification
recommended tongue weight must not requires certain information on either label or tire information label is not a
be less than the GVWR.’’ NATM said the Part 567 vehicle certification label or problem in the RV industry for either
that manufacturers cannot control the on a separate tire information label.6 motorized RVs or travel trailers. RVDA’s
loading patterns of end-users and Since inflation tire pressure is critical to understanding is that if a customer
therefore, most manufacturers tire loading, the tire label provides the requests customized tires or rims on an
recommend a range of tongue weights recommended tire size and cold RV, the dealer can only install tires and
for their particular trailer designs. inflation pressure for the vehicle. If a rims that are the same size as the sizes
RVIA commented that the term different tire is placed on the vehicle, it provided on the tire information label.
‘‘tongue load rating’’ is undefined and may require a different tire inflation Otherwise, dealers will not perform the
suggested that the term ‘‘hitch/pin load pressure. Consumers may refer to the customization.
rating’’ be used in place of ‘‘tongue load tire label for inflation pressures. If the NHTSA notes that the proposed
rating’’ in the final rule. size of the tire on the label and the size requirement was not intended to
NHTSA agrees that the term ‘‘tongue of the tire on the vehicle are not the prevent dealers/service facilities from
load rating’’ may not be widely used in same, the consumer may inflate the changing the tire size and providing
the trailer industry and agrees with the vehicle’s tires to the wrong pressure. In customized tires with vehicles before
public comments. Therefore, in the final some cases, inflating vehicle tires to the first retail sale. It simply states that the
rule, NHTSA will make the appropriate wrong pressure can intensify the effects size of the tires on the vehicle at first
changes to the regulatory text and will of overloading. retail sale must agree with the size of
use the terms ‘‘tongue weight’’ and/or We also proposed that manufacturers the tires listed on the tire information
‘‘hitch pin load’’ rather than ‘‘tongue disclose the CCC of motor homes and label. The dealer may replace the tires
load rating.’’ ‘‘travel trailers.’’ NHTSA anticipated and correct or replace the tire
‘‘Tongue weight’’ means the that consumers would use this information label or the vehicle
downward force exerted on the ball of information both to purchase vehicles certification label to reflect the new tire
a hitch by the trailer coupler. In the case with CCCs that will meet their needs size so long as the vehicle continues to
of a fifth-wheel travel trailer, it is the and as guidance for how they may meet all applicable requirements.
downward force exerted on the truck subsequently load their vehicles in a Therefore, revising the requirement
bed by the trailer. The manufacturer safe manner. However, we did not according to RMA’s suggestion would
will specify the tongue weight or the propose to specify a minimum required not be necessary as it is desirable that
tongue weight range according to the CCC for any motor home or travel the tire size on the vehicle and the tire
design of a particular trailer. Tongue trailer. size on the label agree.
weights are typically 10 to 14 percent of 2. Requirement That Heavy RVs be With respect to RVDA’s comment,
the trailer’s weight; however, the range Delivered to the Consumer with the NHTSA notes that the dealer/service
can vary depending on the trailer hitch Same Size Tires That Are Listed on the facility may change the tires to a
configuration and the number of axles Vehicle Certification Label or Tire different size as long as the tire size
on the trailer. The axle ratings of the Information Label—As earlier noted, in information on the label is corrected to
trailer can be based on the fact that the NPRM, NHTSA proposed to require agree with the tire size on the vehicle at
portions of the trailer weight will be that RVs with GVWRs of more than the time of first retail sale and the
transferred to the tow vehicle. If a range 4,536 kilograms (10,000 pounds) have vehicle otherwise continues to meet all
is specified, the axles should be tires at first retail sale that are the same applicable requirements. The label
designed to accommodate the worst- size as the tires listed on the vehicle assures that the consumer will always
case scenario which would be when certification label or tire information know the size of the tires that were on
tongue weight is at the minimum label. RMA commented that the the vehicle at delivery which
portion of its range and more weight is requirement should read: ‘‘The tires on presumably is a tire size recommended
shifted to the axles. Consumers should each motor home and travel trailer at by the vehicle manufacturer. If the
load their trailers in a fashion that keeps first retail sale must have the same or replacement tires weigh more than the
the tongue weight within the range greater tire size and load rating as the original tires, the additional weight will
recommended by the manufacturer. tire size and load rating on the labeling be included in the total weight added
required by S5.3 (of FMVSS No. 120). If between final vehicle certification and
C. GVWR, GAWR and Tire Load first retail sale.
Information for Motor Homes and the tire/wheel assemblies on the motor
Dealers/service facilities usually
Recreation Vehicle Trailers home or travel trailer at first retail sale
correct tire sizes on FMVSS No. 110 tire
are heavier than those listed on the
1. NPRM—In the NPRM, we proposed placards by either replacing or
to amend FMVSS No. 120 to require that 6 In FMVSS No. 120, S5.3(a) provides the option obscuring the original tire placard with
the sum of the GAWRs of all the axles of including tire information on the certification an identical tire placard with corrected
on a motor home and that the sum of the label required by § 567.4 or § 567.5. In FMVSS No. tire sizes or obscuring a portion of the
GAWRs of all the axles on a ‘‘travel 120, S5.3(b) provides the option of including the original tire placard with an overlay that
tire information on a tire information label affixed
trailer’’ plus the ‘‘tongue load rating’’ to the vehicle in the manner, location and form
matches the original tire placard and
not be less than the GVWR of each described in 49 CFR 567.4(b) through (f). Note that allows new tire sizes to be entered. If
respective vehicle. We noted that the § 567(d) applies only to trailers. the new tire sizes are not machine
printed on the replacement tire placard this, and recognizing the relationship Occupant—Seymour agreed with
or partial overlay and there are blanks between a number of the items required NHTSA, commenting that since families
on these labels, the new tire sizes may to be specified on the tire placard, often carry a tent or tow a travel trailer
be legibly entered with a black, NHTSA expressed its opinion that it for children, basing the OCW strictly on
indelible, fine-point marker. This final would not be a violation of the Section the number of sleeping positions does
rule does not permit crossing out 30122 ‘‘make inoperative’’ provision, not necessarily reflect the number of
incorrect values and entering new with respect to S4.3 of FMVSS No. 110, passengers who will be traveling in the
values as a means of updating tire sizes. if modifiers change the vehicle’s tire vehicle. Seymour further commented
The final rule requires dealers to replace size, cold inflation pressure, and/or that the allocation of 68 kg (150 pounds)
or obscure the FMVSS No. 120 tire cargo capacity rating, but do not update per person in the standard is an
information label or vehicle certification the tire placard.7 underestimate and will lead to
label to reflect the new tire sizes. Similarly, the requirement to correct overloading.
3. Whether the ‘‘Make Inoperative’’ the weight value that the weight of Walker also agreed with the NHTSA
Prohibition Applies to the FMVSS No. occupants and cargo should never proposal, commenting that the use of
110 Vehicle Placard and Optional Tire exceed on the motor home OCCC label only sleeping positions to determine the
Inflation Pressure Label—NHTSA or the value that the weight of cargo number of occupants the RV is intended
received comments from SEMA, NTEA, should never exceed on the RV trailer to carry undermines the entire cargo
NADA and ADA regarding how the CCC label ends after first retail sale. carrying capacity calculation. The
‘‘make inoperative’’ prohibition applies After first retail sale, it is up to the number of occupants a motor home is
to the FMVSS No. 110 tire placard after consumer to subtract any weight added intended to carry must also be based on
first retail sale. The comments asked if after first retail sale from the vehicle’s the number of seats provided. Basing
modifiers and repair facilities are load carrying capacity. the OCW calculation strictly on sleeping
required to update and/or replace tire NHTSA notes, however, that in positions allows manufacturers to boost
placard/labels or whether the accordance with 49 CFR 595.7, the available cargo carrying capacity
requirement ends after first retail sale. businesses that modify vehicles to and increases the likelihood that the RV
Recent NHTSA interpretations issued accommodate people with disabilities will be operated in an overloaded
to NMEDA, SEMA and Bruno on April must provide the vehicle owner with a condition when seating positions are
7, 2006, explain that it would not be a document that indicates any reduction fully occupied. Walker recommended
violation of the 49 U.S.C. § 30122 ‘‘make in the load carrying capacity of a vehicle the practice be prohibited.
inoperative’’ prohibition, with respect to of more than 100 kg (220 lb) after the RMA commented that labeling and/or
S4.3 of FMVSS No. 110, if modifiers modifications are complete. instructions should indicate that cargo
change the vehicle’s tire size, cold weight could be substituted for
D. Determining Occupant Capacity
inflation pressure, and/or cargo capacity occupant weight if fewer than maximum
Weight
rating after first retail sale and do not occupants are transported. Consumers
1. NPRM—In the NPRM, NHTSA would thus get maximum use out of
update the tire placard.
In evaluating this question, NHTSA stated that in order to determine the their available load carrying capacity.
focused on the language of S4.3 of CCC of a motor home, the occupant RMA also commented that the weight
FMVSS No. 110. One of the items of capacity weight (OCW) must be allocation of 68 kg (150 pounds) per
safety information required by S4.3 is determined. The OCW is then grouped occupant is low.
identified in paragraph (d), which reads: with the other weight factors (such as RVIA commented that in virtually
weight of full fresh water, propane and every case, the total safety belt-equipped
Tire size designation, indicated by the the unloaded vehicle weight) that must seating positions in a motor home will
headings ‘‘size’’ or ‘‘original tire size’’ or be subtracted from the vehicle’s GVWR be greater than the number of sleeping
‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’
for the tires installed at the time of the first in order to determine the portion of the positions. NHTSA’s method of
purchase for purposes other than resale. For GVWR available for carrying cargo. determining OCW assumes that all
full size spare tires, the statement ‘‘see Therefore, in the NPRM, NHTSA safety belt-equipped seating positions
above’’ may, at the manufacturer’s option proposed that the greater of the total will always be occupied when
replace the tire size designation. If no spare number of safety belt-equipped seating determining the vehicle’s cargo carrying
tire is provided, the word ‘‘none’’ must positions or the total number of sleeping capacity. RVIA stated that while it is
replace the tire size designation;’’ [Emphasis positions be multiplied by 68 kilograms certainly possible, it is unrealistic and
added.] (150 pounds) to determine the OCW. counter-productive to presume that this
The agency thus stated that the This OCW value would be used to is always the case. That organization
requirement for one of the critical items determine the weight of maximum argued that, consequently, the consumer
of safety information to be provided on occupants for the motor home. NHTSA will be misled by an inaccurately low
the tire placard is specifically expressed believed that this method would capture cargo carrying capacity value whenever
in terms of the ‘‘tires installed at the the worst-case OCW scenario in order to there are fewer passengers in the vehicle
time of first purchase for purposes other prevent the possibility of overloading. than there are safety belt-equipped
than resale.’’ NHTSA also noted that 2. RV Occupant Capacity Weight seating positions. In its comments, RVIA
there is a relationship between a (OCW) and the Weight of a Standard suggested alternative labels to avoid this
number of the items required to be confusion and permit consumers to
specified on the tire placard. 7 In the interpretation letter, NHTSA went on to
arrive at a more accurate load carrying
NHTSA further observed that note that the potential inconsistency between the capacity value for their particular
information on the placard and the actual vehicle
regardless of what changes a modifier could be ‘‘misleading and dangerous to vehicle loading situation.
may make to a vehicle, it does not operators.’’ Thus, NHTSA encouraged any party In response to the comments, NHTSA
change the size of the tires that were that modifies a used vehicle ‘‘so that the tire safety notes that its proposed definition for
installed at the time of the first purchase information is no longer accurate to either add a OCW intended to capture the maximum
new label to the vehicle which indicates the correct
for purposes other than resale (the tire safety information or add a warning label * * *
OCW for a motor home, ensuring that a
information S4.3 of FMVSS No. 110 indicating that the tire safety information placard is vehicle with maximum occupants
requires to be on the placard). Given no longer accurate.’’ would not be overloaded. NHTSA
envisioned that consumers would use through with their purchase uninformed screen doors where the labels would be
the information on the label to of the vehicle’s load carrying capacity. placed. RVDA said that in most
determine the amount of additional It is not until after the vehicle is situations the label would likely be
cargo carrying capacity that exists when purchased and in use that overloading located in the middle of the living
fewer than maximum occupants are issues are realized. Then, consumers room/kitchen which may result in the
transported. In this rulemaking, NHTSA may experience unexplained control consumer removing it or covering it up.
used an occupant weight of 68 kg (150 problems, premature tire wear, tire RVIA had comments similar to those
pounds), as it is a value currently used blowouts, rim failures, suspension from RVDA. RVIA commented that
throughout the FMVSS. The selection of component failures, and other issues. NHTSA’s proposed requirement would
a new, different value would require For these reasons, NHTSA remains in mean that most RVs would have a large,
research. favor of a single label requirement technical, aesthetically displeasing,
As discussed in the section on label providing concise information in a stick-on label in the midst of the
content and format, in this final rule, prominent location on the vehicle. owner’s living quarters. RVIA also
NHTSA adopts labels that display the Based on comments to the NPRM, in commented that the proposed label
total, maximum weight allotted for this final rule, NHTSA will supplement location fails to take Type C and Type
occupants and cargo. Adoption of the the RVIA’s suggested abbreviated label B motor homes into consideration. For
abbreviated format (that displays the with additional information, and will instance, Type C motor homes are
total, maximum weight for occupants make them the only labels required. typically built on a modified truck
plus cargo) supersedes the need to 3. Label Locations for Heavy RVs and chassis and Type B motor homes are
define individually OCW or the All Light Vehicles—In the NPRM, typically built on a full sized van
standard weight of an occupant. The NHTSA proposed that the CCC labels be chassis. For such vehicles, the forward-
abbreviated format, as suggested by affixed to the interior of the forward- most exterior passenger door on the
RVIA, permits consumers to get most exterior passenger door on the right side of the vehicle is the typical
maximum use of their available load right side of the vehicle. NHTSA stated vehicle style door providing access to
carrying capacity as the weights of its belief that such a door will be the front passenger seat. RVIA stated
occupants and cargo (including on- heavily used while loading cargo giving that given the presence of arm rests,
board water) are based on actual the label maximum exposure. Also, map compartments, beverage holders,
quantities. In addition, it permits since such a location is not crowded speakers, windows and window
manufacturers to state their actual load with other labels, the CCC labels would controls, it may be difficult to find a
carrying capacity for occupants and be more recognizable and would have a place that will accommodate the label
cargo instead of understating the cargo higher probability of being noticed by on the tens of thousands of Type C and
carrying capacity value. the consumer during the sale of the B motor homes built each year.
vehicle. NHTSA believes that in order to be as
E. Location of Labels Walker commented that the CCC label effective as possible, the label must be
1. NPRM—To promote a consistent should be placed in a location similar to seen by the consumer during the sale of
label location, which may increase the the ‘‘sticker’’ label placed uniformly on the vehicle, and that the label would be
number of times consumers see the label a conspicuous window on new cars. more visible in the location specified in
and thus increase label effectiveness, in Then a permanent label could be placed the NPRM than it would be on the ‘‘B’’
the NPRM, we proposed that the label in a prominent location elsewhere on pillar, on the inside of a cabinet door or
be affixed to the interior of the forward- the vehicle. He also commented that RV in the vehicle owner’s manual. If, due
most exterior passenger door on the sale documents should have a required to aesthetics, the specified location 8
right side of the vehicle and be visible. acknowledgement referencing the
results in the label looking intrusive, the
Such a door is used repeatedly when aspects of weight, overloading and add-
label will stand out to consumers. Since
entering, exiting, and loading the ons. NHTSA notes that the location
the information on the label specified in
vehicle. In addition, such a door will recommended by Walker is already the
this final rule is more concise than that
have the surface area to accommodate location for information required by the
specified in the NPRM, the label is
the size of the required label. Automobile Information Disclosure Act
2. Revised RV Load Carrying Capacity potentially physically smaller and
(AIDA) (15 U.S.C. 1231–1233). Adding
Labels—In its comments, the RVIA should not present as much of an
the CCC label to the AIDA location
suggested a revised labeling format that aesthetic problem as the label proposed
could confuse potential customers with
would require each RV to have in the NPRM.
additional information that is not
information in three locations: (1) An If there are two doors installed in the
related to AIDA requirements. Matters
abbreviated label in locations similar to same location, the temporary or
involving RV sales documents are
those specified for tire information permanent load carrying capacity label
subject to State law, and are outside the
under FMVSS Nos. 110 and 120; (2) a must be affixed to the inside of the
scope of this rulemaking.
more detailed label that would be RVDA asked NHTSA to provide RV innermost door. For example, many RVs
placed on the inside of a prominent manufacturers with reasonable have an inner screen door and outer
cabinet door in the living quarters of the flexibility in label placement. RVDA solid door hinged in the same location.
vehicle; and (3) information in the stated that RV floor plans for motorized The doors can be used individually or
vehicle owner’s manual. RVs and travel trailers vary widely. can be latched together and used as a
NHTSA agrees, in part, with the Some motorized RVs do not have driver- single door. The label must be affixed to
revised format suggested by RVIA. side or passenger-side front doors that the inside solid portion of the inner
NHTSA believes that the most enter into the living quarters of the screen door so it will be visible at all
times. If it were placed on the inside of
important time for RV purchasers occurs vehicle. In some RVs, occupants enter
at the point-of-sale. Those who are not from the back and in others, occupants the solid door, the label could be hidden
exposed to the correct load carrying enter from the front door to the cab area. 8 For the purposes of this document, ‘‘specified
capacity information and those who see RVDA further stated that some RVs have location’’ means the interior of the forward-most
the load carrying capacity information extensive trim packages covering the exterior passenger door on the right side of the
but do not understand it could follow door while others have glass doors and vehicle.
when the doors are latched together or label to be placed within 25 mm of the be applied by the dealer or service
would be viewed through screening. On tire placard when the load carrying facility if the added weight threshold is
Type B and Type C motor homes, the capacity modification label is used to exceeded. If there is no room for the
temporary or permanent load carrying correct load carrying capacity dealer to apply a modification label near
capacity label will be placed on the information. It requested that in cases the placard, then the placard must be
inside of the passenger door to the cab where there is no room for the load modified or replaced. NHTSA declines
of the vehicle. carrying capacity modification label to permit non-substantive labels that
Therefore, this final rule specifies the within 25 mm of the tire placard, that only direct consumers to the location of
same location as that proposed in the the rule allow the load carrying capacity other labels.
NPRM (interior of the forward-most modification label to be placed in any
exterior passenger door on the right side location allotted for the tire placard. In F. Label Format and Content
of the vehicle). It should be noted, such cases, a small label near the tire 1. NPRM—In the NPRM, we stated
however, if there are two doors installed placard could refer the consumer to the that we seek to provide purchasers of
in the same location, the temporary or other location. motor homes and travel trailers with
permanent load carrying capacity label In this final rule NHTSA has clarified information about the vehicles’ CCC.
must be affixed to the inside of the that the tire placard, as well as other NHTSA stated its belief that the labels
inner-most door. For example, many sources of load carrying capacity should also provide consumers with a
RVs have an inner screen door and outer information may be corrected by detailed explanation of how the CCC is
solid door hinged in the same location. replacing/modifying existing labels or calculated, thus enabling each consumer
The doors can be used individually or adding the load carrying capacity to adjust the values according to their
can be latched together and used as a modification label within 25 mm of the particular applications. For example, if
single door. The label must be affixed to tire placard or original labeling. There there are only two occupants riding in
the inside solid portion of the inner are many location alternatives offered a motor home designed for six
screen door so it will be visible at all by FMVSS No. 110 at S4.3 for tire occupants, there would be more
times. If it were placed on the inside of placard placement.9 It is suggested that capacity for cargo. NHTSA proposed a
the solid door, the label could be hidden a location be selected where there is label similar to the RVIA label that is
when the doors are latched together or room for placement of the load carrying currently voluntarily used by many
would be viewed through screening. On capacity modification label within 25 companies. Although RVIA requires its
Type B and Type C motor homes, the mm if necessary. labels on all member-manufactured RVs,
temporary or permanent load carrying For example, the manufacturer of a in the NPRM, NHTSA proposed labels
capacity label will be placed on the light RV that applies a temporary OCCC only for heavy RVs as it believed, at the
inside of the passenger door to the cab or RV trailer CCC label in the specified time, that these heavier vehicles were
of the vehicle. Also, if no doors exist on location (visible on the interior of the more susceptible to overloading.
the right side of the vehicle, the forward-most exterior passenger door on
NHTSA also stated its belief that the
permanent or temporary load carrying the right side of the vehicle) knows that
proposed label formats have information
capacity label will be placed on the there must be room within 25 mm of the
tire placard for two labels. One is a consumers can use while comparison
inside of the inner door on the rear of
permanent RV trailer or motor home shopping for motor homes or travel
the vehicle.
However, in order to provide supplemental label which will be trailers. The labels would also serve as
flexibility in situations where this installed by the manufacturer itself. The a reference to recreational vehicle
location may create a label that is overly other is a permanent load carrying owners when the owners are loading
obtrusive for vehicle users, in this final capacity modification label that may cargo.
rule, NHTSA permits manufacturers the have to be installed by the dealer or NHTSA proposed that the label for
option of placing a temporary label in service facility if the added weight travel trailers would include the trailer
the specified location and applying an threshold is exceeded. Therefore, the tongue load rating and the statement:
identical permanent label in the area of vehicle placard should be placed in an ‘‘The weight of cargo should never
the vehicle specified by FMVSS Nos. area of the ‘‘B’’ pillar where there is exceed XXX kilograms (XXX pounds)’’
110 and 120 for tire information. This room for these labels. If the in black lettering on yellow background.
approach places the information in a manufacturer of the light RV is placing The travel trailer manufacturer would
prominent location during the sale of a permanent OCCC or RV trailer CCC be responsible for determining the
the RV yet allows the label to be label in the specified location, then it is trailer tongue load rating and the cargo
removed by the consumer after purchase only required to assure that there is carrying capacity of its travel trailer, and
if aesthetically displeasing. In such room for a possible load carrying for providing this information on its
cases, an identical label will remain capacity modification label within 25 travel trailer label.
permanently affixed in the same area mm of the tire placard in case it must NHTSA proposed that the label for
specified for tire information. motor homes would include the
NMMA recommended a ‘‘Plain 9 S4.3 Placard of FMVSS No. 110 states in part: statement: ‘‘The combined weight of
English’’ Guide that explains this final ‘‘Each vehicle * * * shall show the information occupants and cargo should never
specified * * * on a placard permanently affixed
rule’s labeling requirements to to the driver’s side B-pillar. In each vehicle without
exceed XXX kilograms (XXX pounds)’’
manufacturers and dealers. Appendix A a driver’s side B-pillar and with two doors on the in black lettering on yellow background.
of this final rule (following the final rule driver’s side of the vehicle opening in opposite This statement is the same as that
regulatory text) summarizes the label directions, the placard shall be affixed on the required for vehicles with GVWRs of
forward edge of the rear side door. If the above
requirements for various vehicle/GVWR locations do not permit the affixing of a placard that
4,536 kilograms (10,000 pounds) or less
combinations. is legible, visible and prominent, the placard shall under the required FMVSS No. 110
4. Location of the FMVSS No. 110 be permanently affixed to the rear edge of the vehicle placard, which became effective
Load Carrying Capacity Modification driver’s side door. If this location does not permit on September 1, 2005. The motor home
the affixing of a placard that is legible, visible and
Label—The Alliance noted that the prominent, the placard shall be affixed to the
manufacturer would be responsible for
NPRM provisions would require the inward facing surface of the vehicle next to the determining the cargo carrying capacity
load carrying capacity modification driver’s seating position. * * *’’ of its motor home, and for providing
this information on its motor home the inside of a prominent cabinet door belt equipped seating capacity is
label. in the living quarters of the vehicle. The provided because the combined weights
All information on each of the more detailed labels for motor homes of motor home occupants is part of the
proposed motor home and travel trailer and towable RVs would repeat the load carrying capacity equation.
labels would be required to be a information that appears on the These labels will follow RVIA’s
minimum print size of 2.4 millimeters abbreviated labels; however, it would suggestions that the weight of a full load
(3⁄32 inches) high and be printed on a also provide the definitions of GVWR, of propane be included in the vehicle’s
contrasting background. The weights on UVW and CCC and the designated UVW and the weight of on-board water
the label would be required to be sleeping capacity (for motor homes). In be treated as cargo. It is not easy to
displayed to the nearest kilogram (with addition, the more detailed labels would determine the weight of partially filled
conversion to the nearest pound in provide advisory statements on the propane tanks and propane is usually
parentheses) and must reflect the effects of dealer installed equipment on not off-loaded to make room for
particular weight specifications of the CCC and the distribution of cargo. additional cargo. Therefore, it is less
motor home or travel trailer to which it Also, under the revised format confusing to include the weight of full
is affixed as the vehicle leaves the suggested by RVIA, each RV would be propane in the UVW. The level of on-
factory. required to have information in the board water can be assessed by the
It was proposed that both labels vehicle owner’s manual. RVIA consumer. Campgrounds often provide
advise the purchaser that the weight of recommended that vehicle owner’s water hook-ups, making it unnecessary
any dealer-installed equipment must be manuals contain the information to carry water. In such cases, the
subtracted from the manufacturer’s provided on both the abbreviated and absence of water provides more capacity
value of CCC and advise consumers to more detailed labels, as well as, for cargo.
load cargo appropriately to prevent non- information about the loading of cargo, The load carrying capacity
uniform side-to-side and forward-aft how to weigh a vehicle, towing information provided on these
loading. In the case of motor homes, it guidelines and additional definitions. abbreviated labels for RVs is also
was proposed that the label contain the The revised RVIA format also consistent with the FMVSS No. 110 load
weight of the maximum hitch load and suggested that the weight of full carrying capacity information required
the advice that the ‘‘tongue weight’’ of propane be included in the vehicle’s on the tire placards of light vehicles.
trailers or vehicles being towed also UVW weight and the weight of on-board NHTSA believes that the motor home
subtracts from the manufacturer’s value water be treated as cargo. OCCC label and the RV trailer CCC label
of CCC. If the motor home was not NHTSA agrees, in part, with the specified in this final rule promotes
delivered with a hitch, this block would revised format suggested by RVIA in its commonality of load carrying capacity
be left blank. comments. However, as stated earlier, information between light vehicles and
NHTSA did not propose that the label NHTSA favors a single label heavy RVs and provides concise,
refer to the owner’s manual, but did not requirement with concise information in essential, non-confusing information to
propose to prohibit manufacturers from a prominent location on the vehicle. consumers.
adding references on the label that refer The final rule specifies the minimum The information provided by these
to specific information included in the information necessary to help labels is the information consumers
owner’s manual. consumers make informed RV need for a quick assessment of a RV’s
2. Revised RV Load Carrying Capacity purchasing decisions. load carrying capacity. Providing load
Labels—In its comments to the NPRM, Thus, the motor home label will carrying capacity information in this
RVIA suggested a revised labeling include the VIN and the weight value simple form requires that consumers
format that would require varied that the combined weight of occupants only think about the total weight of
information in three locations. RVIA’s and cargo should never exceed. To this, occupants, cargo and on-board water for
suggested format would require each RV in this final rule, NHTSA adds motor homes and the total weight of
to have an abbreviated label, a more requirements for the safety belt cargo and on-board water for RV trailers.
detailed label and information in the equipped seating capacity (number of The definitions and other information
vehicle owner’s manual. Under the safety belt equipped seating positions), on the labels originally proposed in the
RVIA revised format, an abbreviated the weight of a full load of water, the NPRM are not needed for a quick
label would appear on each motorized unit weight of water and an advisory assessment of load carrying capacity.
and towable RV in locations similar to that the weight of water and towed Manufacturers can provide additional
those specified for tire information vehicle tongue weight is part of cargo 10. information voluntarily in the vehicle
under FMVSS Nos. 110 and 120. This The label for RV trailers will include owner’s manual. This simple format
abbreviated label was intended to the VIN and the weight value that the allows consumers to easily arrive at a
provide essential information in a weight of cargo should never exceed. To more accurate load carrying capacity
visible location. The abbreviated label this, in this final rule, NHTSA adds the value for a particular trip as the weight
for motorized RVs would contain the weight of a full load of water, the unit of occupants and on-board water are
VIN, the maximum weight value weight of water and a caution that the based on actual quantities and are not
allotted for occupants and cargo and a weight of water is part of cargo.11 automatically based on maximum
referral to the vehicle owner’s manual Information about on-board water capacities.
for additional information. The weight is important because filled water NHTSA believes that by specifying
abbreviated label for towable RVs would tanks can be a significant portion of the one concise, visible label it is
be similar to the motor home label vehicle’s total cargo capacity. The safety unnecessary to require the additional
except that it would display the more detailed label on the inside of a
maximum weight value allotted for 10 Throughout this document, this label will be cabinet door in the living quarters of the
cargo only, as occupants do not known as the motor home occupant and cargo vehicle or the additional information in
carrying capacity label or the motor home OCCC the vehicle owner’s manual as suggested
normally ride in a towed RV. label.
In addition, RVIA’s recommended 11 Throughout this document, this label will be by RVIA. The advisory regarding dealer
revised format would require more known as the RV trailer cargo carrying capacity installed equipment that appeared on
detailed labels that would be placed on label or the RV trailer CCC label. the CCC labels proposed in the NPRM
is addressed by the load carrying designated sleeping positions has been and other general requirements. Such
capacity modification label required by made moot. additional information can be provided
this final rule. Definitions are not The vehicle owner’s manual to consumers in ways determined by
necessary for consumers to understand information suggested by RVIA would manufacturers and organizations such
the simple statement of occupant and also repeat information from the as the RVIA.
cargo limitations on the label. Also, the abbreviated and more detailed labels,
including definitions not needed for the For these reasons, the labels specified
need to specify the number of in this final rule are as follows:
load carrying capacity determination
G. Addition of Weight to FMVSS No. however, that small increases in weight belief that the proposed changes to
110 Vehicles and to FMVSS No. 120 are insignificant. Moreover, requiring FMVSS No. 110 concerning additional
Motor Homes and Travel Trailers dealers to reprint labels with new dealer-added weight are also
Between Vehicle Certification and First information each time a small amount of appropriate for FMVSS No. 120. In the
Retail Sale of the Vehicle weight is added to a vehicle is NPRM, NHTSA proposed that the same
unnecessarily burdensome. method proposed for FMVSS No. 110
1. Proposal Concerning FMVSS No. To address these issues, in the NPRM, vehicles above also be used for motor
110—September 1, 2005 was the NHTSA proposed that for FMVSS No. homes and travel trailers in FMVSS No.
effective date of an amendment to 110 vehicles, if weight equal to or less 120. If weight equal to or less than 0.5
FMVSS No. 110, Tire selection and than 0.5 percent of gross vehicle weight percent of GVWR is added by the dealer
rims, which requires manufacturers to rating (GVWR) is added by the dealer to an FMVSS No. 120 motor home or
affix a tire placard to the vehicle’s before first retail sale, no additional travel trailer between certification and
driver-side B-pillar or to the edge of the action is required. If weight greater than first retail sale, no additional action is
driver’s door (if no B-pillar exists) 0.5 percent of GVWR is added by the required. If weight greater than 0.5
which adds the statement: ‘‘The dealer before first retail sale, the dealer percent of GVWR is added by the dealer
combined weight of occupants and would be required to add a label to the to a FMVSS No. 120 motor home or
cargo should never exceed XXX kg or vehicle within 25 millimeters (1 inch) of travel trailer between certification and
XXX lbs.’’ to the information previously the FMVSS No. 110 tire placard, which first retail sale, the dealer would be
required on the existing tire placard. discloses the total weight of added items required to add the following label
Vehicle manufacturers are required to to the nearest kilogram (pound). NHTSA within 25 millimeters (1 inch) of the
disclose the amount of weight carrying proposed that the label be visible when FMVSS No. 120 motor home or travel
capacity that is available on the vehicle the FMVSS No. 110 tire placard is read. trailer cargo carrying capacity label
for passengers and cargo. The vehicle The label as proposed included blank which discloses the total weight of
manufacturer installs this label when spaces that represent the value for total added items to the nearest kilogram
the vehicle is certified. added weight. The total added weight (pound). It was proposed that the label
Manufacturers and dealers have would be provided by the dealer when be visible when the FMVSS No. 120
inquired as to what must be done when it installs optional accessories and motor home or travel trailer cargo
optional equipment and accessories are equipment in excess of 0.5 percent of carrying capacity label is read.
added to a vehicle before first retail sale, the vehicle’s GVWR. To fill out the The label as proposed included blank
which increases the vehicle’s weight blank spaces, the dealer need only know spaces that represent the value for total
and decreases the weight allotted for the total weight effect of added items. added weight. The total added weight
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passengers and cargo. NHTSA’s NHTSA stated its belief that dealers can would be provided by the dealer when
response to such inquiries has been that provide the information without it installs optional accessories and
the label must be replaced as necessary weighing vehicles. equipment in excess of 0.5 percent of
so that the vehicle has a label with 2. Proposal Concerning FMVSS No. the vehicle’s GVWR. To fill out the
ER04DE07.040</GPH>
accurate information. NHTSA believes, 120—In the NPRM, NHTSA stated its blank spaces, dealers need only know
the total weight effect of added items. information reasonably accurate when NHTSA does not favor basing the
NHTSA stated its belief that dealers can significant amounts of weight are added threshold on a percentage of load
provide the information without to light vehicles and heavy RVs between carrying capacity because that does not
weighing vehicles. final vehicle certification and first retail yield a predictable limit on the slight
3. Comments and Decision sale. It is anticipated that dealers/ overload that becomes possible, as in
Concerning Weight Added to Heavy RVs service facilities that handle vehicles the case of a threshold tied to GVWR.
and All Light Vehicles After Final such as RVs may have to correct the Although NHTSA would prefer that the
Vehicle Certification and Before First load carrying capacity information load carrying capacity information be as
Retail Sale—NHTSA received when equipment such as awnings, accurate as possible, there is no
comments from numerous sources generators, spare water tanks, and spare requirement that prevents
arguing that the proposed 0.5 percent fuel tanks are added between final manufacturers from understating the
GVWR threshold for relabeling vehicle certification and first retail sale. load carrying capacity value.
requirements to be triggered was too It is anticipated that dealers/service Therefore, if the total combined
low. Most commenters suggested that facilities that handle vehicles such as weight added between final vehicle
the threshold be the lesser of 3 percent passenger cars will not have to correct certification and first retail sale exceeds
GVWR or 100 kg (220 lb). This load carrying capacity information very the lesser of 1.5 percent of the vehicle’s
suggested threshold was based on the 49 often. GVWR or 100 pounds, the load carrying
CFR 595.7 threshold afforded to those In response to the many comments capacity information must be corrected.
who modify vehicles to accommodate arguing that the threshold value is too This threshold applies to those who add
persons with disabilities. NMEDA low, NHTSA has reconsidered the weight to a light vehicle or heavy RV
suggested that the threshold be 20 threshold for labels concerning after the final vehicle certification and
percent of the vehicle’s load carrying reductions in load carrying capacity. For before first retail sale.
capacity. RMA commented that weight the following reasons, we are raising the The load carrying capacity
equivalent to 0.5 percent of the vehicle’s threshold to the lesser of 1.5 percent modification label which shows the
GVWR should be added to the vehicle’s amount by which the load carrying
GVWR or 45.4 kg (100 pounds) to
UVW which would automatically capacity is reduced is also available to
distinguish between common
accommodate add-ons. NATM indicated alterers of light vehicles. However, if
transactions for trailer hitches and less
that trailer manufacturers understate the after the alteration, the vehicle qualifies
common transactions causing larger
load carrying capacity of trailers so as a motor home or RV trailer, the
changes in load carrying capacity.
dealers would not have to worry about alterer is required to apply the motor
The most commonly installed heavy home OCCC label or RV trailer CCC
optional equipment installed.
Toyota commented that the proposal item by dealers before first retail sale is label as specified in this final rule.
for adding the load carrying capacity a heavy duty Class IV trailer hitch for a Manufacturers that build heavy RVs
modification label to correct load pickup truck. Such hitches have an are required to install a motor home
carrying capacity information when advertised shipping weight of less than OCCC label or RV trailer CCC label
weight is added is burdensome to 36.3 kg (80 lbs). A relatively small which will provide accurate load
passenger vehicle manufacturers, pickup truck for this hitch application carrying capacity information for each
distributors and dealers due to the large would have a GVWR of 2721.6 kg (6000 vehicle as it is shipped to the dealer.
number of potential labels. The number lbs) or greater. This installation would The load carrying capacity modification
of combinations of vehicle model involve equipment representing 1.33 label/compliance threshold is then
weights, optional equipment and percent of the vehicle’s GVWR or less. available to dealers/service facilities
accessories greater than the threshold is However, 5th wheel hitches which are that add additional weight between final
large. The number of labels required to much heavier would still exceed the vehicle certification and first retail sale.
accommodate all of the various threshold. When a dealer/service facility adds
combinations of weights will be in the We believe the threshold for added weight that exceeds the lesser of 1.5
thousands. equipment weight of the lesser of 1.5 percent GVWR or 100 pounds, the load
Many of the commenters asked percent of GWVR or 100 pounds carrying capacity information on the
NHTSA to clarify the following issues: relieves passenger vehicle dealers of the motor home OCCC label or the RV
To whom the threshold applies; responsibility for label changes in the trailer CCC label and the tire placard (if
whether CCC information must be vast majority of equipment sales a light vehicle) must be corrected. The
corrected when vehicle weight is without creating a practical safety dealer/service facility may accomplish
reduced and load carrying capacity is problem. A vehicle with the maximum this by label replacement, label
increased; whether the shipping weight weight of added equipment of 1.5 modification, or the addition of the load
of added items can be used to update percent of GVWR when also loaded to carrying capacity modification label
load carrying capacity values; and the maximum weight of passengers and near the original label/tire placard.
whether the label can still be updated or cargo specified in the original label Replacement labels must be identical
replaced in lieu of applying the load could exceed the tire load rating by 1.5 to the labels being replaced except for
carrying capacity modification label. percent as a worst case. However, the corrected values. Label modification
As previously mentioned, the purpose NHTSA tire research (for example, must be accomplished by a pre-printed
of the load carrying capacity Docket NHTSA 2000–8011 item 22) overlay which, when applied, obscures
modification label and its applicability shows that fully inflated tires are not the original values while maintaining
threshold is to relieve dealers/service very sensitive to small overloads. Even the original appearance of the label or
facilities from having to correct load in a high speed test rigorous enough to tire placard. The overlay may have
carrying capacity information when fail a third of the tire samples, tires that blanks where the original values were,
insignificant amounts of weight are were slightly overloaded (taking into and corrected values may be legibly
added to light vehicles and heavy RVs consideration the curvature of the test written in the blanks of the overlay with
between final vehicle certification and wheel) performed comparably to a a black, fine-point, indelible marker.
first retail sale. It is also necessary to sample of the same tire make/models Original labels cannot be modified
keep the load carrying capacity with 10 percent less load. simply by crossing out incorrect values
on the original label/placard and writing carrying capacity modification labels carrying capacity modification labels
in new values on the original placard. with corrected machine printed values must reflect the total weight added after
If the load carrying capacity could potentially better ensure legibility final vehicle certification and before
modification label option is used, the than labels with handwritten corrected first retail sale. Correcting load carrying
modification label must be placed values. However, we believe requiring capacity information is not required in
within 25 mm of the original label it is only machine printed (including cases where vehicle weight is reduced
modifying. Added load carrying corrected values) load carrying capacity and load carrying capacity is increased.
capacity modification labels may be pre- modification labels would result in Dealers/service facilities may use any
printed with the load carrying capacity unnecessary cost burdens. accurate method for determining the
values blank, and the correct load Manufacturers such as Ford have weight of added items and
carrying capacity values may be legibly successfully used the ‘‘handwritten’’ subsequently, the total amount the load
printed on the label with a black, fine method to allow dealers to correct carrying capacity will be reduced. We
point, indelible marker at the time it is vehicle tire information when customers note that most consumer electronic
applied. request different tires before first retail bathroom scales have ranges from 0 to
Because the ‘‘handwritten’’ method sale. 350 pounds and provide repeatable
has proved to be successful in the past, Manufacturers are not prohibited from readings within plus or minus one
we believe that permitting the using load carrying capacity percent of the actual weight. Such scales
‘‘handwritten’’ method for the load modification labels with machine would be suitable for weighing most
carrying capacity modification label will printed corrected values if they choose. added items. The load carrying capacity
provide consumers with necessary Corrected motor home OCCC labels, RV modification label specified in this final
information. Machine printed load trailer CCC labels, tire placards and load rule is provided below:
NATM commented that the load options that can be used to correct load wheel travel trailer experienced two rim
carrying capacity modification label carrying capacity information. Dealers/ failures resulting in tire deflation,
installed by dealers when additional service facilities are permitted to: (1) suggested that NHTSA address common
weight is added should identify the Replace existing tire placards, motor practices for suspension component
dealer/service facility installing the home OCCC labels or RV trailer CCC sizing to include a safety factor built
label for traceability. labels with new placards/labels into the design of axles, suspension
NHTSA is not adopting a requirement containing correct load carrying components, wheels and tires to
for dealer/service facility identification capacity information; (2) modify accommodate horizontal and vertical
on the load carrying capacity existing tire placards, motor home dynamic loads that are higher than the
modification label described in this OCCC labels or RV trailer CCC labels so static loads normally measured.
final rule. The lack of such a they display correct load carrying Weston also argued that to allow for
requirement however does not prevent capacity information; or (3) add a load adequate load carrying capacity,
dealers/service facilities from supplying carrying capacity modification label manufacturers should be required to
identifying information on load carrying within 25 mm of the existing tire add a minimum safety factor of 20 to 25
capacity modification labels or placard and/or the motor home OCCC percent when sizing axles on RV
voluntarily applying a dealer label or RV trailer CCC label. trailers. Weston stated further that
identification label near the load In addition, this final rule adopts a motorized and towable RVs should be
carrying capacity modification label. threshold for correcting load carrying equipped with tire pressure monitoring
Requiring dealers to provide identifying capacity information of the lesser of 1.5 systems (TPMS), that manufacturers of
information on load carrying capacity percent of GVWR or 100 pounds, greatly RVs should be required to provide
modification labels would negate the decreasing the need to correct the ‘‘adequacy of design,’’ and that NHTSA
label’s generic qualities. information. should consider the situation where
To summarize, in this final rule, when dealers add weight to RVs that does not
H. Other Issues exceed the vehicle’s GVWR but still
the load carrying capacity is modified
between final vehicle certification and 1. Whether the Final Rule Should exceeds the vehicle’s gross axle weight
the first retail sale, NHTSA permits the Protect Against Overloading Tires, rating (GAWR). In addition, Weston
use of generic labels where corrected Wheels, Axles and Suspensions on commented that a government oversight
values can be legibly entered using a RVs—NHTSA received numerous office should be formed to police the RV
industry and that upon discovery of a
black, fine point, indelible marker. This comments to the NPRM which
permits dealers to stock one generic suggested other possible actions that problem RV manufacturers should be
load carrying capacity modification may be taken in addition to or in lieu required to notify customers within 48
label. Also, in this final rule, the of the proposed labeling approach. hours.
addition of the load carrying capacity Weston, a private citizen who during his Walker commented that drivers of
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modification label is one of three first long trip with a 2005, 36-foot, 5th RVs over a specified weight should be
required to have specific training and in. Full compliance must occur on and provide the consumer with fair and
license endorsements to demonstrate a after September 1, 2007. Final stage equal information.
minimum level of knowledge. He also manufacturers and alterers must comply Walker also commented that if a hitch
argued that both the State DOT and on and after September 1, 2008. TPMS is installed on a motor home, the weight
Federal DOT should employ spot checks will be required on passenger cars, of the hitch, as well as the weight value
for RVs to assure that they are not over multipurpose passenger vehicles, trucks of the hitch rating should be included
weight or over length. and buses with GVWRs of 4,536 kg in the UVW. He said that otherwise, this
RMA commented that the NPRM does (10,000 pounds) or less except those important information may be
not prevent individual tires on RVs from vehicles with dual wheels on an axle. misunderstood or disregarded by
being overloaded. RMA further Therefore, most light, motorized RVs consumers.
commented that a requirement of 10 to will be required to have TPMS. NHTSA Walker further commented that RV
25 percent tire reserve load above does not currently plan further actions manufacturers leave a variety of heavy
GVWR would assure sufficient capacity to extend TPMS requirements to other items off of the vehicle until the vehicle
in the event of spot overloading and/or vehicle types or weight classes, and has been weighed. He said that the add-
poor inflation pressure maintenance. notes that such action is outside the ons are installed by a dealer or service
RMA also suggested that consideration scope of this rulemaking. facility. Items such as roof air
should be given to the labeling of major ADA commented that NHTSA fails to conditioners, awnings, generators,
storage/cargo compartments with their address the situation where weight is surplus fuel tanks, surplus water tanks,
maximum load carrying capacity to added to a vehicle by a dealer so as to microwave ovens, washer/dryers and
assure proper load distribution. affect the GAWR but not necessarily dishwashers are installed and not
NHTSA recognizes that there are affect the GVWR. It said that the included in the UVW or cargo carrying
numerous aspects to the problem of situation can arise in the mobility capacity calculations. Regarding the
potential RV overloading. Current industry when the dealer installs an NPRM proposal that weight added by
requirements, as well as the outside scooter lift on the rear of the
the dealer or service facility that
requirements in this final rule do not exceeds 0.5 percent of GVWR be
vehicle. While the weight of the scooter
specifically regulate suspension documented on an additional label,
and lift do not cause the vehicle to
components. We believe, however, that Walker commented that this
exceed its GVWR, it may cause the
the labeling requirements that appear in information will not be accurate if prior
GAWR of the rear axle to be exceeded.
this final rule will improve consumer weight information is not accurate.
awareness, purchase decisions and RV As noted earlier, NHTSA recognizes Walker commented that when weight is
loading practices. It is anticipated that that there are numerous aspects to the added at a dealer or service facility, it
the motor home OCCC label or RV overloading problem. Current should be a requirement that the vehicle
trailer CCC label that will be provided requirements, as well as the be weighed to verify if the chassis has
on each RV will encourage consumers to requirements in this final rule do not the capacity to handle the additional
purchase RVs with a load carrying specifically regulate suspension weight.
capacity adequate for their needs. components or the load on individual The RVDA commented that it would
NHTSA’s Office of Defects axles, rims or tires. This final rule is like to see NHTSA develop a consistent
Investigations (ODI) continually intended to inform consumers of the set of rules on weighing procedures for
compiles data and responds to load carrying capacity of the RVs that RVs.
complaints from consumers regarding they are purchasing so that after these In the NPRM, NHTSA proposed that
various RV issues. Many of these RVs are in use, consumers can avoid the weight values provided by
complaints and issues are related to the overloading the RVs. We believe that manufacturers be displayed to the
failure of RV suspension components, these labeling requirements will nearest kilogram with conversion to the
individual axles, rims and tires. Many improve consumer awareness, purchase nearest pound, must be measured on
complaints are investigated for defects decisions and loading practices. Issues scales with a minimum accuracy of plus
in materials and design, and all concerning overloading of individual or minus one percent of the actual value
complaints become part of a permanent axles, rims and tires in order to modify and reflect the weights of the RV as
database that is used to trigger further vehicles for persons with disabilities is configured for delivery to the dealer/
investigations and recalls. NHTSA’s outside the scope of this rulemaking. service facility. NHTSA notes that in the
Office of Vehicle Safety Compliance Comments concerning licensing of RV July 29, 2005 Joint Petition for
(OVSC) enforces current NHTSA drivers and spot-checks for RVs that are Rulemaking and Interim Relief from
regulations and will enforce the over weight/length, address matters that FMVSS No. 110, it was stated that it was
requirements in this final rule when it are outside the scope of this rulemaking. not ‘‘financially possible’’ for all
becomes effective. We note that actual 2. RV Weight and Weighing Issues
affected manufacturers, alterers and
RV crash data specific to crashes where modifiers to have scales capable of
an overloaded RV is a contributing Weston commented that individual weighing motor vehicles. However, no
factor are rare. Statistical databases and RVs should actually be weighed to information on the extent of the
investigation techniques usually do not verify the UVW used to design the financial burden was provided,
capture overloading related attributes. suspension and that compliance checks especially if methods other than
NHTSA continuously monitors all of its by other than the RVIA must occur to weighing the entire vehicle were used.
databases for issues relative to vehicle guarantee compliance by the industry. The scale requirements proposed in
safety and takes appropriate action Walker commented that the use of the NPRM were for the purpose of
when necessary. generic floor plans to approximate RV ensuring that the many weight values on
As indicated above, Weston weights should be prohibited as there the NPRM proposed label were accurate.
commented that TPMS should be are too many variables that may be However, as a result of comments to the
required on all RVs. NHTSA’s TPMS overlooked or manipulated. He stated NPRM, this final rule only requires
requirements are specified at FMVSS that relying on this method manufacturers to report the allowable
No. 138, Tire pressure monitoring compromises the entire cargo carrying load carrying capacity. Therefore, in this
systems and are currently being phased capacity calculation and may not final rule, in place of requiring scales
with an accuracy of plus or minus one towed vehicle or cargo carrier, the be out of scope of the present
percent of the actual reading, we require consumer must subtract such weight rulemaking. NADA urged NHTSA to
the statement: ‘‘The combined weight of from the available load carrying consider whether an SNPRM should be
occupants and cargo should never capacity. The intent of the motor home issued addressing the concerns
exceed XXX kg or XXX lbs’’ on motor OCCC label and the RV trailer CCC label expressed in the Joint Petition in order
homes, and the statement: ‘‘The weight on the vehicle is to encourage to provide interested parties with the
of cargo should never exceed XXX kg or consumers to determine an accurate opportunity for notice and comment.
XXX lbs’’ on RV trailers. These value of load carrying capacity NHTSA originally drafted the cargo
statements are required to state weights according to their particular loading carrying capacity NPRM to specifically
that will not overload the vehicle. These situation. require load carrying capacity
requirements allow manufacturers to NHTSA does not favor including information on a label for heavy RVs.
understate (but not overstate) the weight fictitious weight in the UVW in Before the NPRM was published, issues
value for load carrying capacity. This anticipation that the consumer will arose regarding the load carrying
will assure that when the consumer overload the vehicle. Therefore, a capacity information required on the
loads the vehicle to the stated load consumer whose vehicle is equipped tire placard for light vehicles. According
carrying capacity, the GVWR will not be with a hitch, but is not towing a vehicle to FMVSS No. 110 and as explained in
exceeded. or using a hitch mounted cargo carrier, a subsequent interpretation, added
When the manufacturer states that the will know that additional load carrying weight prior to first retail sale that made
load carrying capacity must not exceed capacity is available. An advisory the load carrying capacity information
a certain weight value, it means that the statement on the motor home OCCC on the tire placard inaccurate had the
stated load carrying capacity weight label informs consumers that towed effect of requiring the dealer/service
value plus the UVW is less than or equal vehicle tongue weight is cargo that facility adding the weight to replace the
to the GVWR. The manufacturer must counts against the total load carrying tire placard in order to correct the load
consider product variability to ensure capacity. carrying capacity weight values. This
that the load carrying capacity plus the Regarding RVDA’s request that meant that the addition of even small
UVW does not exceed the GVWR. If, NHTSA develop a consistent set of rules amounts of weight could require re-
after the RV leaves the manufacturing or weighing procedures for RVs, NHTSA placarding.
facility and before first retail sale, believes that such information is best As the Joint Petition issue was related
additional weight is added whose total left up to manufacturers to provide. to that NPRM, a proposed solution was
exceeds the threshold set by this final Other sources for weighing information drafted and included in the heavy RV
rule (the lesser of 1.5 percent of GVWR can be obtained from organizations such cargo carrying capacity NPRM, which
or 100 pounds), the load carrying as the Recreation Vehicle Safety proposed but did not require the load
capacity information must be corrected Education Foundation and the RVIA. carrying capacity information to be
by the dealer. The total weight added by 3. Numbering in Proposed FMVSS No. corrected when insignificant amounts of
the dealer, however, cannot exceed the 110 Regulatory Text—Comments from weight were added. This solution was
load carrying capacity weight value AIAM and the Alliance indicated that proposed for all light vehicles and all
initially provided by the vehicle the proposed changes to FMVSS No. heavy RVs.
manufacturer. 110 regulatory text in the NPRM will NHTSA did not propose all of the
Regarding Walker’s comments which eliminate the current requirement in specific items requested by the Joint
stated that if a hitch is installed on a S4.3 (a) that relates to vehicle tire Petition; it is, however, providing a
motor home, the weight of the hitch, as placards. Both sought clarification further response to the petition in this
well as the weight value of the hitch document.
regarding the proposed amendment.
rating should be included in the UVW, NHTSA agrees with AIAM, and the 5. Response to Issues of the Joint
NHTSA does not favor such a Alliances’ comments. In this final rule Petition—The Joint Petition that appears
requirement. If a hitch is installed by a in docket NHTSA–2005–22242–3 raised
the language has been moved to separate
manufacturer on any vehicle before final five basic issues.
sections (S9 and S10) where it won’t
vehicle certification and delivery to the The Joint Petition argued that the load
affect existing tire placard requirements.
dealer/service facility, the physical carrying capacity statement required by
4. Scope of Notice for Joint Petition
weight of the hitch must be included in FMVSS No. 110 should allow for a
Issues—Comments from NTEA asked if
the vehicle’s UVW value. If a hitch is reasonable tolerance in the calculation
the August 31, 2005 NPRM has a broad
installed by a dealer/service facility on of the load carrying capacity or not
enough scope to encompass all of the
any vehicle after final vehicle require action unless load carrying
issues presented in the previously
certification, the weight of the hitch capacity is reduced by at least 100 kg
submitted Joint Petition 12 that was
contributes to the weight of added items (220 pounds). This final rule addresses
placed in the docket or whether the
installed after final vehicle certification this issue by adopting a threshold of the
issues will be addressed in a
and before first retail sale. When the lesser of 1.5 percent of GVWR or 100
supplemental notice of proposed
weight of such items exceeds the pounds. While this is lower than the
threshold set by this final rule (the rulemaking (SNPRM). NATM expressed
amount requested in the Joint Petition,
lesser of 1.5 percent of GVWR or 100 concern that NHTSA will not be able to
we believe it addresses the concerns
pounds), the load carrying capacity consider many of the Joint Petition’s
raised in the petition.
information is corrected by the dealer/ requested changes as the changes may Also, in the NPRM we proposed that
service facility. 12 ‘‘Joint Petition’’ means the ‘‘Joint Petition for
the unloaded vehicle weight for heavy
If the consumer installs a hitch or has Rulemaking and Interim Relief: Federal Motor RVs be determined with scales that have
a hitch installed after taking delivery of Vehicle Safety Standard (FMVSS) No. 110; Vehicle a minimum accuracy of plus or minus
the vehicle, the consumer should Capacity Weight and Tire Information’’ dated July one percent of the actual reading.
subtract the physical weight of the hitch 29, 2005 which was submitted to NHTSA by a Since, in this final rule, the label
group of trade organizations through Mike Kastner
from available load carrying capacity. (NTEA) and Douglas Greenhaus (NADA). The
format has changed and manufacturers
When the consumer applies tongue document is available in docket NHTSA–2005– will only be reporting the weight
weight to any hitch in the form of a 22242–3. allotted for passengers and cargo or
simply cargo in the case of RV trailers, 2. Modification of original placard/ noted that ‘‘stated weight rating’’ is used
we are requiring that the stated load label in order to update information. in both 49 CFR Part 567 and in FMVSS
carrying capacity not overload the This must be accomplished with an No. 110. We stated that: ‘‘In responding
vehicle. The GVWR of the vehicle must overlay that maintains the original to the petitions for rulemaking, we will
not be exceeded when the vehicle is appearance of the placard/label. The address the meaning of this term in Part
loaded with the stated load carrying overlay may have blanks where the 567 and FMVSS No. 110, and the
capacity. Manufacturers are permitted to updated weight values may be legibly interrelationship between these
understate the value of load carrying printed by hand with a fine point provisions.’’
capacity to compensate for variances in indelible marker. We note that in a final rule of
manufacturing techniques, materials, 3. Addition of the Load Carrying February 14, 2005 (70 FR 7414), Part
and weighing techniques, however, Capacity Modification Label within 25 567 was reissued. The changes took
under no circumstances is an overstated mm of the placard/label being corrected effect on September 1, 2006. The term
value of load carrying capacity which indicates the amount the load ‘‘stated weight ratings’’ in Part 567
permitted. Any inaccuracies due to carrying capacity is reduced. The load (particularly in the definition of ‘‘altered
scale tolerances and variances in carrying capacity modification labels vehicle’’ at Section 567.3) refer to a
manufacturing techniques or materials may have blank spaces where the value vehicle’s stated weight ratings, in other
must be compensated for by of load carrying capacity reduction may words, the Gross Axle Weight Rating
appropriately increasing the safety be legibly printed by hand with a fine (GAWR) and Gross Vehicle Weight
factor between the allotted weight for point indelible marker. Rating (GVWR). The use of the term
occupants and cargo (or just cargo in the Finally, the Joint Petition asked if any ‘‘vehicle’s stated weight ratings’’ is long-
case of RV trailers) and the GVWR. revised cargo capacity weight may be standing in Part 567, and was used in
Accordingly, the probability of moisture calculated by subtracting total added Part 567 before the final rule of
absorption by wooden structures before weight from the stated load capacity February, 2005. See also Section 567.7,
first retail sale should be considered in weight on the existing tire placard or Requirements for persons who alter
assigning the load carrying capacity. label. It also asked if the total added certified vehicles.
The Joint Petition also requested that weight may be determined by using the The November 18, 2002 Tire Safety
the weight value listed on the original supplier’s stated shipping weight of the Information Final Rule amending
tire placard be labeled as ‘‘estimated.’’ equipment, or its weight as determined FMVSS No.110 added S4.3.2.
This request is denied because the load by commercially reasonable scales. This Requirements for altered vehicles. This
carrying capacity is not merely an issue is addressed in this final rule. paragraph incorporated language from
estimate. The manufacturer must Dealers/service facilities may determine the then-existing version of Section
determine that the vehicle will not total added weight by using any means 567.7 Requirements for persons who
exceed GVWR when carrying the ‘‘load that result in accurate weights. It is up alter certified vehicles, including the
carrying capacity’’ weight. This final to the dealers/service facilities to decide term ‘‘stated weight ratings.’’
rule requires an accurate determination how to achieve accurate weights. Since As explained in the preamble, that
of load carrying capacity. the vehicle manufacturer has certified final rule required alterers, where
As an alternative to the first two the vehicle with the stated load capacity necessary, to affix a new placard,
issues, the Joint Petition requested that weight on the existing tire placard or containing accurate information for the
the load carrying capacity be labeled as label as long as the dealers/service altered vehicle, over the placard
‘‘originally manufactured.’’ This request facilities have reason to believe the installed by the vehicle manufacturer,
is denied because it is not an accurate stated weights on the placard or label, so as to obscure the original placard. See
statement to a purchaser of the vehicle’s it is reasonable for dealers/service 67 FR at 69618.
load carrying capacity. However, the facilities to rely on this so long as they The language of S4.3.2 indicates that
final rule does address basic concerns in have reason to believe the stated it applies to alterers.13 Not all persons
the context of the first issue of the Joint weights on the placard or label have not who make changes to certified vehicles
Petition, regarding a reporting threshold changed. prior to first sale are considered alterers.
for added weight. Thus, the labeled load If the total added weight exceeds the (If someone is an alterer, they have
carrying capacity reflects both the lesser of 1.5 percent GVWR or 100 certification responsibilities under Part
vehicle as originally manufactured and pounds, the load carrying capacity 567.) The question of whether someone
any reduction in load carrying capacity information must be corrected on the is an alterer is determined under Part
that occurs beyond a given threshold tire placards and RV load carrying 567.
before the first retail sale. Also, in an capacity labels. We note, however, that regardless of
interpretation written to John Russell whether a person (such as a dealer)
6. The Meaning of ‘‘Stated Weight
Deane III, Esq. on April 7, 2005, NHTSA making changes to a vehicle prior to
Ratings’’ in FMVSS No. 110
stated that regulations do not require first sale is considered an alterer, they
changes to the tire safety information In a November 30, 2005 request for are subject to other legal requirements.
placard if the changes to the vehicle interpretation submitted by all of the Under 49 U.S.C. 30112, a dealer may not
occur after it is first sold for purposes Joint Petitioners except the National sell vehicles or equipment that do not
other than retail sale. Trailer Dealers Association, NHTSA was comply with applicable safety
The Joint Petition also asked for asked to address a series of questions standards. Also, 49 U.S.C. 30122
clarification of whether placards/labels about the Tire Safety Information Rule prohibits dealers, manufacturers, and
may still be modified in lieu of being of November 18, 2002 (67 FR 69600). certain other entities from ‘‘making
replaced. This issue is addressed in this One question was whether the term inoperative, in whole or in part’’ any
final rule. There are three methods ‘‘stated weight ratings’’ used in 49 CFR part of a device or element of design
available to dealers/service facilities for Sections 567.3, 567.6, and 567.7 refers installed on or in a motor vehicle in
updating load capacity information: to a vehicle’s gross vehicle weight rating compliance with an applicable motor
1. Replacement of original placard/ as defined in 49 CFR Section 571.3. In
label with a new placard/label with a January 22, 2007 interpretation letter 13 Compare the language of S4.3.2 with the
updated information. responding to that request, NHTSA definition of ‘‘alterer’’ in Part 567.
vehicle safety standard. Accordingly, a possible in the vehicle owner’s manual load carrying capacity modification
dealer would need to correct the tire relative to the proper distribution of label.
information placard if, after the dealer cargo loads. In this final rule, the addition of the
installs additional equipment, the load carrying capacity modification
V. Final Rule
required information is no longer label is one of three options that can be
accurate. In this final rule, NHTSA amends 49 used to correct load carrying capacity
As discussed earlier, in this final rule, CFR 571.3 (Definitions), FMVSS No. information. Dealers/service facilities
NHTSA is providing regulatory relief 110, and FMVSS No. 120 as described are permitted to: (1) Replace existing
related both to the circumstances under above. We require manufacturers of all tire placards, motor home OCCC labels
which re-labeling is required and the motor homes and recreation vehicle or RV trailer CCC labels with new
means by which it is done. The new/ (RV) trailers to provide information to placards/labels containing correct load
revised requirements are in FMVSS No. consumers in a label that informs the
carrying capacity information; (2)
110, at S10 Weight added to vehicles consumer about the vehicle’s load
modify existing tire placards, motor
between final vehicle certification and carrying capacity. The final rule defines
home OCCC labels or RV trailer CCC
first retail sale of the vehicle. This ‘‘recreation vehicle trailer,’’ and adds
labels so they display correct load
section is not limited to alterers, i.e., it new language that would include
carrying capacity information; or (3) add
applies regardless of whether the person weights for water and propane tanks for
a load carrying capacity modification
adding the weight is considered an motor homes and recreation vehicle
label within 25 mm of existing tire
alterer. (RV) trailers. We also require that the
placard and/or the motor home OCCC
We are not removing the language of size of tires on motor homes and RV
label or RV trailer CCC label.
S4.3.2 since it has broader applicability trailers be the same as the size of tires
than situations where weight is added. listed on the vehicle certification label VI. Leadtime
We note, however, that if the addition or tire information label.
of weight is the only relevant issue and For motor homes, we adopt labels that Since we had no public comment on
the situation is addressed by the display the VIN, the weight allotted for the leadtime issue, the amendments in
provisions of S10, alterers need not occupants and cargo, the weight of a full this final rule take effect, as proposed,
separately meet 4.3.2. To make this load of water, the unit weight of water 180 days (approximately six months)
clear, we are adding the phrase ‘‘Except and cautionary statements that the after the final rule is published. We note
as provided in S10,’’ at the beginning of weight of water is part of cargo and the that the new labeling requirements in
S4.3.2. tongue weight of a towed trailer counts this final rule do not require
7. Issues Outside the Scope of as cargo. In addition, for motor homes, manufacturers to collect or provide any
Rulemaking—The purpose of this NHTSA requires that the safety belt information other than that already
rulemaking is to provide load carrying equipped seating capacity be included voluntarily provided by motor home
capacity information to purchasers of on the label. and travel trailer manufacturers that are
RVs. It also is intended to provide an For RV trailers, we adopt labels that members of the Recreational Vehicle
alternate means to correct load carrying display the VIN, the weight allotted for Industry Association.
capacity information on all light cargo, the weight of a full load of water, The provisions in this final rule
vehicles and heavy RVs when weight the unit weight of water and a amending FMVSS No. 110 were made to
exceeding the lesser of 1.5 percent of cautionary statement that the weight of provide regulatory relief to dealers that
GVWR or 100 pounds is added between water is part of cargo. may add weight no more than 1.5
final vehicle certification and first retail To promote a consistent label percent of gross vehicle weight rating
sale. We note that some NPRM location, this final rule specifies that (or 100 pounds if less) after certification
comments re-raise old issues related to cargo carrying capacity labels be affixed of vehicles and before first retail sale of
previous tire placarding rulemakings to the interior of the forward-most the vehicles. Thus, optional compliance
that are outside the scope of this exterior passenger door on the right side with this final rule is available as of the
rulemaking and are not addressed in of the vehicle and be visible. As an date this final rule is published in the
this final rule. alternative (due to aesthetic Federal Register.
Additionally, it should be noted that considerations) NHTSA permits
the load carrying capacity labels manufacturers to place a temporary VII. Regulatory Analyses and Notices
required by this final rule are intended label to the interior of the forward-most A. Executive Order 12866 and DOT
to inform consumers of the RV’s load exterior passenger door on the right side Regulatory Policies and Procedures
carrying capacity they are about to of the vehicle and apply a permanent
purchase and to remind them of the label in the area of the vehicle specified Executive Order 12866, ‘‘Regulatory
RV’s load carrying capacity after by FMVSS Nos. 110 and 120 for tire Planning and Review’’ (58 FR 51735,
purchase and during use. Although information. October 4, 1993), provides for making
knowledge of the RV’s load carrying In addition, this final rule adopts a determinations whether a regulatory
capacity may prevent consumers from threshold for correcting load carrying action is ‘‘significant’’ and therefore
exceeding the RV’s GVWR, it does not capacity information of the lesser of 1.5 subject to Office of Management and
prevent consumers from distributing percent of GVWR or 100 pounds, greatly Budget (OMB) review and to the
loads in a fashion that would cause decreasing the need to correct the requirements of the Executive Order.
individual tires or components from information. When the load carrying The Order defines a ‘‘significant
being overloaded. As various makes/ capacity is increased beyond the lesser regulatory action’’ as one that is likely
models of RVs each have its own of 1.5 percent of GVWR or 100 pounds, to result in a rule that may:
characteristics, it is difficult for between final vehicle certification and (1) Have an annual effect on the
consumers to know the correct weight the first retail sale, NHTSA permits the economy of $100 million or more or
distribution without weighing the use of generic labels where corrected adversely affect in a material way the
loaded vehicle at each individual tire. values can be legibly entered using a economy, a sector of the economy,
Manufacturers are urged to provide black, fine point, indelible marker. This productivity, competition, jobs, the
consumers with as much guidance as permits dealers to stock one generic environment, public health or safety, or
State, local, or Tribal governments or were established by previous FMVSS vehicle safety standard is in effect under
communities; No. 110 rulemakings. The load carrying this chapter, a State or a political
(2) Create a serious inconsistency or capacity modification label proposed in subdivision of a State may prescribe or
otherwise interfere with an action taken the August 15, 2005 NPRM was not continue in effect a standard applicable
or planned by another agency; meant to be a new requirement, but an to the same aspect of performance of a
(3) Materially alter the budgetary option that may be used in lieu of motor vehicle or motor vehicle
impact of entitlements, grants, user fees, replacing or modifying the original tire equipment only if the standard is
or loan programs or the rights and placard as required by FMVSS No. 110. identical to the standard prescribed
obligations of recipients thereof; or This option was adopted in this final under this chapter.’’ 49 U.S.C.
(4) Raise novel legal or policy issues rule. Dealers/service facilities can 30102(b)(1).
arising out of legal mandates, the choose to replace or modify the tire
President’s priorities, or the principles In addition to the express preemption
placard rather than apply the load
set forth in the Executive Order. noted above, the Supreme Court has
carrying capacity modification label.
We have considered the impact of this For motor home OCCC labels and RV also recognized that State requirements
rulemaking action under Executive trailer CCC labels required on RVs, imposed on motor vehicle
Order 12866 and the Department of members of the RVIA, which include 95 manufacturers, including sanctions
Transportation’s regulatory policies and percent of the RV industry, have imposed by State tort law, can stand as
procedures. This rulemaking document displayed cargo carrying capacity an obstacle to the accomplishment and
was not reviewed by the Office of information voluntarily for years. This execution of a NHTSA safety standard.
Management and Budget under E.O. final rule standardizes and makes such When such a conflict is discerned, the
12866, ‘‘Regulatory Planning and information mandatory, and mandates Supremacy Clause of the Constitution
Review.’’ The rulemaking action is also its placement in a prominent location. makes their State requirements
not considered to be significant under Also, NHTSA has adopted the RVIA unenforceable. See Geier v. American
the Department’s Regulatory Policies suggestion that the load carrying Honda Motor Co., 529 U.S. 861 (2000).
and Procedures (44 FR 11034; February capacity labeling requirements in the NHTSA has not outlined such potential
26, 1979). NPRM be extended to all RVs. State requirements in today’s
For the following reasons, we believe As previously stated, dealers/service rulemaking, however, in part because
that this final rule will not have any facilities can use any accurate method such conflicts can arise in varied
quantifiable cost effect on for determining the weight of added contexts, but it is conceivable that such
manufacturers of motor homes or RV items. We note that if a dealer/service a conflict may become clear through
trailers. As discussed earlier, the facility chooses to use a scale, most subsequent experience with changes
labeling requirements in this rule consumer electronic bathroom scales made in today’s final rule. NHTSA may
parallel the labels already required by provide readings from 0 to 350 pounds opine on such conflicts in the future, if
the Recreational Vehicle Industry and can provide repeatable readings warranted. See id. at 883–86.
Association (RVIA) for RIVA members. within plus or minus one percent of the
Approximately 95 percent of affected actual weight. Bathroom scales are C. Executive Order 13045 (Economically
motor home and travel trailer inexpensive and would be suitable for Significant Rules Affecting Children)
manufacturers are RVIA members. Thus, weighing smaller items. Dealer/service Executive Order 13045 (62 FR 19885,
the final rule will have new labeling facilities can also purchase larger April 23, 1997) applies to any rule that:
requirements on only approximately 5 commercial scales to weigh larger items, (1) Is determined to be ‘‘economically
percent of recreational vehicle if necessary. significant’’ as defined under E.O.
manufacturers. The RV labels specified Because the economic impacts of this 12866, and (2) concerns an
in this final rule are simpler, less proposal are so minimal, no separate environmental, health or safety risk that
complex versions of the labels proposed regulatory evaluation is necessary. NHTSA has reason to believe may have
in the NPRM. a disproportionate effect on children. If
In addition, this provides regulatory B. Executive Order 13132 (Federalism)
NHTSA has examined today’s final the regulatory action meets both criteria,
relief for dealers from an existing
rule pursuant to Executive Order 13132 we must evaluate the environmental
labeling requirement in the safety
(64 FR 43255, August 10, 1999) and health or safety effects of the planned
standard on tire selection and rims.
concluded that no additional rule on children, and explain why the
Dealers that add items to covered
consultation with States, local planned regulation is preferable to other
vehicles exceeding the lesser of 100
governments, or their representatives is potentially effective and reasonably
pounds or 1.5 percent of the vehicles’
mandated beyond the rulemaking feasible alternatives considered by us.
gross vehicle weight ratings, will be
required to disclose this extra weight on process. The agency has concluded that This rule is not subject to the
labels affixed to the vehicles. No labels the rule does not have federalism Executive Order because it is not
are required for the addition of weight implications, because the rule does not economically significant as defined in
that does not exceed the lesser of 1.5 have ‘‘substantial direct effects on the E.O. 12866 and does not involve
percent of the vehicle’s gross vehicle States, on the relationship between the decisions based on environmental,
weight rating or 100 pounds. national government and the States, or health or safety risks that
In its NPRM comments, Toyota stated on the distribution of power and the disproportionately affect children. This
that NHTSA has not provided a cost responsibilities among the various final rule makes changes affecting motor
benefit analysis regarding load carrying levels of government.’’ home manufacturers and travel trailer
capacity modification labels. NTEA Further, no consultation is needed to manufacturers. It has a beneficial impact
commented that scales are too discuss the preemptive effect of today’s on children traveling in motor homes
expensive for every dealership and final rule. NHTSA rules can have preemptive and recreation vehicle trailers because
stage manufacturer to own. effect in at least two ways. First, the the new labeling requirements in this
For light vehicles, the requirements National Traffic and Motor Vehicle final rule provides information to help
for the tire placard and the load carrying Safety Act contains an express their parents or guardians keep from
capacity information on the tire placard preemptive provision: ‘‘When a motor overloading the vehicles.
D. Executive Order 12988 (Civil Justice Business Administration’s regulations at replacement. Our estimates of the
Reform) 13 CFR 121.201 defines a small ‘‘motor burden that this rulemaking imparts on
With respect to the review of the home manufacturer’’ (NAICS Code all motor home and RV trailer
promulgation of a new regulation, 336213) as a ‘‘business entity organized manufacturers and manufacturers of
section 3(b) of Executive Order 12988, for profit, with a place of business light vehicles other than motor homes
‘‘Civil Justice Reform’’ (61 FR 4729, located in the United States, and which are given below. There is no burden to
February 7, 1996) requires that operates primarily within the United non-manufacturers or non-dealers.
States or which makes a significant RV estimates are based on the fact that
Executive agencies make every
contribution to the U.S. economy approximately 95 percent of all RV
reasonable effort to ensure that the
through payment of taxes or use of manufacturers currently belong to RVIA
regulation: (1) Clearly specifies the
American products, materials or labor.’’ and already voluntarily apply load
preemptive effect; (2) clearly specifies
(See 13 CFR 121.105) that employs carrying capacity labels to the vehicles
the effect on existing Federal law or they produce. When this rulemaking
fewer than 1,000 employees. RV trailer
regulation; (3) provides a clear legal becomes a final rule, these 95 percent of
and camper manufacturers (NAICS Code
standard for affected conduct, while RVs will replace the current voluntary
336214) on the other hand, have a size
promoting simplification and burden label with the NHTSA label at no
standard of fewer than 500 employees.
reduction; (4) clearly specifies the NHTSA believes that most RVIA additional cost. Therefore, any
retroactive effect, if any; (5) adequately members are small businesses. As additional cost for information
defines key terms; and (6) addresses earlier discussed, 95 percent of RVIA collection imparted by this final rule is
other important issues affecting clarity members are already providing to their a result of the remaining 5 percent of RV
and general draftsmanship under any customers labeling information that manufacturers to apply load carrying
guidelines issued by the Attorney parallel the information specified in this capacity labels and the cost to RV
General. This document is consistent NPRM. The RV labels specified in this dealers/service facilities that choose to
with that requirement. Pursuant to this final rule are simpler versions of the apply the load carrying capacity
Order, NHTSA notes as follows. The labels proposed in the NPRM. modification label. The cost to
preemptive effect of this rule is manufacturers of light vehicles other
discussed above. NHTSA notes further F. National Environmental Policy Act
than RVs is minimal as most vehicles
that there is no requirement that We have analyzed this final rule for will not exceed the added-weight
individuals submit a petition for the purposes of the National threshold and dealers/service facilities
reconsideration or pursue other Environmental Policy Act and will not be required update load
administrative proceeding before they determined that it would not have any carrying capacity information. The
may file suit in court. significant impact on the quality of the additional cost for information
E. Regulatory Flexibility Act human environment. collection to light vehicle manufacturers
G. Paperwork Reduction Act other than RV manufacturers results
Pursuant to the Regulatory Flexibility from those who choose to correct load
Act (5 U.S.C. 601 et seq., as amended by Under the Paperwork Reduction Act carrying capacity information by
the Small Business Regulatory of 1995, a person is not required to applying the load carrying capacity
Enforcement Fairness Act (SBREFA) of respond to a collection of information modification label. The label is not
1996) whenever an agency is required to by a Federal agency unless the mandatory; it is simply an alternative to
publish a notice of rulemaking for any collection displays a valid Office of correcting load carrying capacity
proposed or final rule, it must prepare Management and Budget (OMB) control information by replacing or updating
and make available for public comment number. This final rule introduces new the original tire placard/label when the
a regulatory flexibility analysis that information collection requirements in weight threshold is exceeded.
describes the effect of the rule on small that the new regulation requires certain The following are the cost and hour
entities (i.e., small businesses, small disclosures to third parties. Information burden estimates resulting from the CCC
organizations, and small governmental collection under this final rule consists information requirements in this final
jurisdictions). However, no regulatory of a load carrying capacity label applied rule. Numbers are based on 2005
flexibility analysis is required if the to all motor homes and recreation estimates.
head of an agency certifies the rule vehicle (RV) trailers. If the original RV manufacturers and manufacturers
would not have a significant economic information is changed, this information of light vehicles other than RVs already
impact on a substantial number of small collection also requires a load carrying have the following knowledge,
entities. SBREFA amended the capacity modification label to correct information and resources and therefore
Regulatory Flexibility Act to require the original load carrying capacity these items will not impose any
Federal agencies to provide a statement information on all RVs and light additional costs and/or burden hours.
of the factual basis for certifying that a vehicles when significant additional • Vehicle gross vehicle weight rating
rule would not have a significant weight is added between final vehicle (GVWR).
economic impact on a substantial certification and first retail sale. • Means to print or procure labels.
number of small entities. If the total weight added by dealers/ • Scale system for weighing vehicles.
The Administrator considered the service facilities between final vehicle Estimated annual burden hours on the
effects of this rulemaking action under certification and first retail sale exceeds 5 percent of RV manufacturers that
the Regulatory Flexibility Act (5 U.S.C. the lesser of 1.5 percent of GVWR or 100 are not RVIA members to weigh an
601 et seq.) and certifies that this rule pounds, the original load carrying RV in order to determine unloaded
will not have a significant economic capacity information must be corrected. vehicle weight (UVW)
impact on a substantial number of small Corrections can be made via the load Estimated burden hours to weigh an
entities. The factual basis for this carrying capacity modification label RV = .16 hours/RV
certification is that this final rule described in this final rule or by Approximately 419,500 RVs shipped
minimally affects small U.S. motor provisions in a previous rulemaking in 2005
home manufacturers or small U.S. travel which allows original labels to be It is estimated that 5 percent or 20,975
trailer manufacturers. The U.S. Small corrected by modification or RVs/year currently do not voluntarily
display CCC information as their Estimated cost to procure or produce aggregate, or to the private sector. Thus,
manufacturers are not members of labels = $0.05/light vehicle this rule is not subject to the
RVIA. Approximately 17,000,000 light requirements of sections 202 and 205 of
20,975 RVs/year × 0.16 hours/RV = vehicles shipped in 2005 the UMRA.
3,356 hours/year An estimated 1 percent or 170,000 J. Plain Language
Estimated annual cost to the 5 percent light vehicles/year will receive the CCC
of RV manufacturers that are not modification label. Executive Order 12866 requires each
RVIA members to procure or 170,000 light vehicles/year × $0.05/ agency to write all rules in plain
produce motor home OCCC labels light vehicle = $8,500/year language. Application of the principles
and RV trailer CCC labels of plain language includes consideration
Estimated annual burden hours on light
Estimated cost to produce labels = of the following questions:
vehicle manufacturers to insert
$0.15/ RV values and install the load carrying —Have we organized the material to suit
Approximately 419,500 RVs shipped capacity modification labels when the public’s needs?
in 2005 necessary/desired —Are the requirements in the rule
It is estimated that 5 percent or 20,975 Estimated burden hours to install clearly stated?
RVs/year currently do not voluntarily labels = 0.02 hours/light vehicle
display CCC information as their —Does the rule contain technical
Approximately 17,000,000 light
manufacturers are not members of language or jargon that is not clear?
vehicles shipped in 2005
RVIA. —Would a different format (grouping
20,975 RVs/year × $ 0.15/RV = An estimated 1 percent or 170,000
and order of sections, use of headings,
$3,146/year light vehicles/year will receive the CCC
paragraphing) make the rule easier to
Estimated annual burden hours on the modification label.
understand?
5 percent of RV manufacturers that 170,000 light vehicles/year × 0.02
hours/light vehicle = 3,400 hours/ —Would more (but shorter) sections be
are not RVIA members to install better?
motor home OCCC labels and RV year
trailer CCC labels Total estimated burden hours and cost —Could we improve clarity by adding
Estimated burden hours to install 9274 hours/year tables, lists, or diagrams?
labels = 0.02 hours/RV $16,891/year —What else could we do to make this
Approximately 419,500 RVs shipped rulemaking easier to understand?
in 2005 H. National Technology Transfer and
Advancement Act In response to public comments on
It is estimated that 5 percent or 20,975 the NPRM, in this final rule, NHTSA
RVs/year currently do not voluntarily Section 12(d) of the National includes an Appendix A that
display CCC information as their Technology Transfer and Advancement summarizes the label requirements for
manufacturers are not members of Act of 1995 (NTTAA), Public Law 104– various vehicle/GVWR combinations.
RVIA. 113, section 12(d) (15 U.S.C. 272) The scenarios assume use of the load
20,975 RVs/year × 0.02 hours/RV = directs us to use voluntary consensus carrying capacity modification label
420 hours/year standards in our regulatory activities when load carrying capacity
Estimated annual cost to RV unless doing so would be inconsistent information is corrected. This
manufacturers to procure or with applicable law or otherwise explanation is offered as a Plain
produce the load carrying capacity impractical. Voluntary consensus Language guide to the various labels and
modification labels when necessary standards are technical standards (e.g., figure numbers. An explanation of the
Estimated cost to procure or produce materials specifications, test methods, labels applicable to each vehicle type
labels = $0.05/RV sampling procedures, and business (i.e., light vehicles other than RVs, light
Approximately 419,500 RVs shipped practices) that are developed or adopted RVs, and heavy RVs) is set forth in the
in 2005 by voluntary consensus standards appendix.
An estimated 25 percent or 104,875 bodies, such as the Society of
Automotive Engineers (SAE). The K. Regulation Identifier Number (RIN)
RVs/year will receive the CCC
modification label. NTTAA directs us to provide Congress, The Department of Transportation
104,875 RVs/year × $0.05/RV = through OMB, explanations when we assigns a regulation identifier number
$5,245/year decide not to use available and (RIN) to each regulatory action listed in
applicable voluntary consensus the Unified Agenda of Federal
Estimated annual burden hours on RV standards.
manufacturers to install the load Regulations. The Regulatory Information
After conducting a search of available Service Center publishes the Unified
carrying capacity modification sources, we have decided to specify
labels when necessary Agenda in April and October of each
labels similar to those used by the year. You may use the RIN contained in
Estimated burden hours to install
Recreational Vehicle Industry the heading at the beginning of this
labels = 0.02 hours/RV
Association, advising consumers of document to find this action in the
Approximately 419,500 RVs shipped
cargo carrying capacity for motor homes Unified Agenda.
in 2005
and travel trailers, and providing
An estimated 25 percent or 104,875 advisories. List of Subjects in 49 CFR Part 571
RVs/year will receive the CCC
modification label. I. Unfunded Mandates Reform Act Imports, Motor vehicle safety, Motor
104,875 RVs/year × 0.02 hours/RV = vehicles, Rubber and rubber products,
This rule will not impose any

2,098 hours/year unfunded mandates under the Tires.
Estimated annual cost to light vehicle Unfunded Mandates Reform Act of ■ In consideration of the foregoing, the
manufacturers to procure or 1995. This rule will not result in costs Federal Motor Vehicle Safety Standards
produce the load carrying capacity of $100 million or more to either State, (49 CFR Part 571), are amended as set
modification labels when necessary local, or tribal governments, in the forth below.
PART 571—FEDERAL MOTOR § 571.110 Tire selection and rims and manufacturer must affix either a motor
VEHICLE SAFETY STANDARDS motor home/recreation vehicle trailer load home occupant and cargo carrying
carrying capacity information for motor capacity (OCCC) label (Figure 3) or a RV
■ 1. The authority citation for part 571 vehicles with a GVWR of 4,536 kilograms trailer cargo carrying capacity (CCC)
(10,000 pounds) or less.
continues to read as follows: label (Figure 4) to its vehicles that meets
S1. Purpose and scope. This standard the following criteria:
Authority: 49 U.S.C. 322, 30111, 30115, specifies requirements for tire selection
30117, and 30166; delegation of authority at S9.3.1 The RV load carrying
49 CFR 1.50.
to prevent tire overloading and for capacity labels (Figures 3 and 4) and the
motor home/recreation vehicle trailer RV supplemental labels (Figures 5 and
■ 2. Section 571.3 of title 49, Code of load carrying capacity information. 6) required by S9.3.3(b) must be legible,
Federal Regulations, is amended by * * * * * visible, moisture resistant, presented in
revising the definition of ‘‘motor home’’ S4.3 Placard. * * * If the vehicle is the English language, have a minimum
and adding a definition of ‘‘recreation a motor home and is equipped with a print size of 2.4 millimeters (3/32
vehicle trailer,’’ in the appropriate propane supply, the weight of full inches) high and be printed in black
alphabetical order, to read as follows: propane tanks must be included in the print on a yellow background.
vehicle’s unloaded vehicle weight. If the S9.3.2 The weight value for load
§ 571.3 Definitions. vehicle is a motor home and is equipped carrying capacity on the RV load
* * * * * with an on-board potable water supply, carrying capacity labels (Figures 3 and
Motor home means a multi-purpose the weight of such on-board water must 4) must be displayed to the nearest
vehicle with motive power that is be treated as cargo. kilogram with conversion to the nearest
designed to provide temporary * * * * * pound and must be such that the
residential accommodations, as S4.3.2 Requirements for altered vehicle does not exceed its GVWR when
evidenced by the presence of at least vehicles. Except as provided in S10, a loaded with the stated load carrying
four of the following facilities: cooking; new placard or placard and label shall capacity. The UVW and the GVWR used
refrigeration or ice box; self-contained be affixed, so as to obscure the original to determine the RV’s load carrying
toilet; heating and/or air conditioning; a placard, to an altered vehicle that has capacity must reflect the weights and
potable water supply system including previously been certified in accordance design of the motor home or RV trailer
a faucet and a sink; and a separate 110– with § 567.4 or § 567.5, other than by as configured for delivery to the dealer/
125 volt electrical power supply and/or the addition, substitution, or removal of service facility. If applicable, the weight
propane. readily attachable components such as of full propane tanks must be included
* * * * * mirrors or tire and rim assemblies, or in the RV’s UVW and the weight of on-
minor finishing operations such as board potable water must be treated as
Recreation vehicle trailer means a
painting, or who alters the vehicle in cargo.
trailer, except a trailer designed
such a manner that its stated weight S9.3.3 An RV load carrying capacity
primarily to transport cargo, designed to
ratings are no longer valid, before the label (Figures 3 or 4) must be:
be drawn by a vehicle with motive
first purchase of the vehicle in good (a) Permanently affixed and must be
power by means of a bumper, frame or
faith for purposes other than resale, visibly located on the interior of the
fifth wheel hitch and designed to
containing accurate information for the forward-most exterior passenger door on
provide temporary residential
altered vehicle, in accordance with S4.3. the right side of the vehicle or; at the
accommodations, as evidenced by the
presence of at least four of the following * * * * * option of the manufacturer,
facilities: cooking; refrigeration or ice S4.3.5 Requirements for trailers. * * (b) A temporary version of the RV
box; self-contained toilet; heating and/or * If the vehicle is a recreation vehicle load carrying capacity label (Figures 3
air conditioning; a potable water supply trailer and is equipped with a propane or 4) must be visibly located on the
system including a faucet and a sink; supply, the weight of full propane tanks interior of the forward-most exterior
and a separate 110–125 volt electrical must be included in the vehicle’s passenger door on the right side of the
power supply and/or propane. unloaded vehicle weight. If the vehicle vehicle. A permanent motor home or RV
‘‘Recreation vehicle trailer’’ includes is a recreation vehicle trailer and is trailer supplemental label (Figures 5 or
trailers used for personal purposes, equipped with an on-board potable 6) must be permanently affixed within
commonly known as ‘‘sport utility RVs’’ water supply, the weight of such on- 25 millimeters of the placard specified
or ‘‘toy haulers,’’ which usually have board water must be treated as cargo. in S4.3 for motor homes and S4.3.5 for
spacious rather than incidental living * * * * * RV trailers.
quarters and provide a cargo area for S9. Each motor home and recreation S9.3.4 Permanent and temporary
smaller items for personal use such as vehicle (RV) trailer must meet the motor home OCCC labels must contain
motorcycles, mountain bikes, all terrain applicable requirements in S9. the following information in accordance
vehicles (ATVs), snowmobiles, canoes S9.1 On motor homes, the sum of with Figure 3:
or other types of recreational gear. the gross axle weight ratings (GAWR) of (a) The statement: ‘‘MOTOR HOME
all axles on the vehicle must not be less OCCUPANT AND CARGO CARRYING
* * * * * CAPACITY’’ in block letters.
than the gross vehicle weight rating
■ 3. Section 571.110 of title 49, Code of (GVWR). (b) The Vehicle Identification Number
Federal Regulations, is amended by: S9.2 On RV trailers, the sum of the (VIN).
revising the section heading; by revising GAWRs of all axles on the vehicle plus (c) The statement ‘‘THE COMBINED
S1; by adding to the introductory the vehicle manufacturer’s WEIGHT OF OCCUPANTS AND
paragraph of S4.3, ninth and tenth recommended tongue weight must not CARGO SHOULD NEVER EXCEED:
sentences; by revising S4.3.2; by adding be less than the GVWR. If tongue weight XXX kg or XXX lbs’’ in block letters
to S4.3.5, fifth and sixth sentences; by is specified as a range, the minimum with appropriate values included.
adding S9 through S9.3.8; and by value must be used. (d) The statement ‘‘Safety belt
adding S10 through S10.2 to read as as S9.3 Each motor home and RV equipped seating capacity: XXX’’ with
follows: trailer single stage or final stage the appropriate value included. This is
the total number of safety belt equipped S10. Weight added to vehicles carrying capacity by XXX kg or XXX
seating positions. between final vehicle certification and lbs’’ in accordance with Figure 7. If two
(e) The statement ‘‘CAUTION: A full first retail sale of the vehicle. load carrying capacity modification
load of water equals XXX kg or XXX lbs S10.1 If weight exceeding the lesser labels are required (one permanent and
of cargo @ 1 kg/L (8.3 lb/gal) and the of 1.5 percent of GVWR or 45.4 kg (100 one temporary), the weight values on
tongue weight of a towed trailer counts pounds) is added to a vehicle between each must agree, or
as cargo’’ with appropriate values final vehicle certification and first retail (c) Modify the original, permanent RV
included. sale of the vehicle, the vehicle capacity load carrying capacity labels (Figures 3
S9.3.5 Permanent and temporary RV weight values on the placard required and 4) and the placard (Figure 1) with
trailer CCC labels must contain the by S4.3 or S4.3.5 and the load carrying correct vehicle capacity weight values.
following information in accordance capacity weight values on the RV load If the manufacturer selects S9.3.3(b), the
with Figure 4: carrying capacity labels (Figures 3 and temporary RV load carrying capacity
(a) The statement: ‘‘RECREATION 4) required by S9.3 must be corrected labels (Figures 3 and 4) must also be
VEHICLE TRAILER CARGO CARRYING using one or a combination of the modified with correct vehicle capacity
CAPACITY’’ in block letters. following methods: weight values. Modification of labels
(b) The Vehicle Identification Number (a) Permanently affix load carrying requires a machine printed overlay with
(VIN). capacity modification labels (Figure 7), printed corrected values or blanks for
which display the amount the load corrected values that may be entered
(c) The statement ‘‘THE WEIGHT OF
carrying capacity is reduced to the with a black, fine-point, indelible
CARGO SHOULD NEVER EXCEED:
nearest kilogram with conversion to the marker. Crossing out old values and
XXX kg or XXX lbs’’ in block letters
nearest pound, within 25 millimeters of entering corrected values on the original
with appropriate values included.
the original, permanent RV load label is not permissible, or
(d) The statement ‘‘CAUTION: A full
carrying capacity label (Figure 3 or 4)
load of water equals XXX kg or XXX lbs (d) Replace the original, permanent
and the original placard (Figure 1). The
of cargo @ 1 kg/L (8.3 lb/gal)’’ with RV load carrying capacity labels
load carrying capacity modification
appropriate values included. labels must be legible, visible, (Figures 3 and 4) and the placard
S9.3.6 For RVs, the vehicle capacity permanent, moisture resistant, (Figure 1) with the same labels/placard
weight values and the seating capacity presented in the English language, have containing correct vehicle capacity
values (motor homes only) on the a minimum print size of 2.4 millimeters weight values. If the manufacturer
placard required by S4.3 or S4.3.5 must (3/32 inches) high and be printed in selects S9.3.3(b), the temporary RV load
agree with the load carrying capacity black print on a yellow background, or carrying capacity labels (Figures 3 and
weight values and the safety belt (b) If the manufacturer selects 4) must also be replaced with the same
equipped seating capacity (motor homes S9.3.3(b), apply a temporary version of labels containing correct vehicle
only) on the RV load carrying capacity the load carrying capacity modification capacity weight values.
labels (Figures 3 and 4). label (Figure 7) within 25 millimeters of S10.2 Corrected load carrying
S9.3.7 The permanent motor home the original, temporary RV load carrying capacity weight values or the weight
supplemental label must contain the capacity label (Figure 3 or 4) on the amount the load carrying capacity is
following information in accordance interior of the forward-most exterior reduced, must reflect the total weight
with Figure 5: passenger door on the right side of the added between final vehicle
(a) The statement ‘‘CAUTION: A full vehicle, in addition to applying a certification and first retail sale and
load of water equals XXX kg or XXX lbs permanent version of the same label must be accurate within one percent of
of cargo @ 1 kg/L (8.3 lb/gal) and the within 25 mm of the placard required by the actual added weight. No action is
tongue weight of a towed trailer counts S4.3 or S4.3.5. Both temporary and required if the weight of the vehicle is
as cargo’’ with appropriate values permanent versions of the load carrying reduced between final vehicle
included. capacity modification label (Figure 7) certification and first retail sale.
S9.3.8 The permanent RV trailer may be printed without values and
§ 571.110 [Amended]
supplemental label must contain the values may be legibly applied to the
following information in accordance label with a black, fine point, indelible ■ 4. Section 571.110 of title 49, Code of
with Figure 6: marker. The label must contain the Federal Regulations, is amended by
(a) The statement ‘‘CAUTION: A full statements ‘‘CAUTION—LOAD adding, after S10, Figure 3, Figure 4,
load of water equals XXX kg or XXX lbs CARRYING CAPACITY REDUCED’’ in Figure 5, Figure 6, and Figure 7 to read
of cargo @ 1 kg/L (8.3 lb/gal)’’ with block letters and ‘‘Modifications to this as follows:
appropriate values included. vehicle have reduced the original load BILLING CODE 4910–59–P
BILLING CODE 4910–59–C type designation, and by ensuring that the same size as the tire size on the
■ 5. Section 571.120 of title 49, Code of consumers are informed of motor home/ labeling required by S5.3.
Federal Regulations, is amended by recreation vehicle trailer load carrying S10.4 Each motor home and RV
revising the section heading, by revising capacity. trailer single stage or final stage
S1, by revising S2, and by adding S10 * * * * * manufacturer must affix either a motor
through S10.5.2 to read as follows: S10. Each motor home and recreation home occupant and cargo carrying
§ 571.120 Tire selection and rims and vehicle (RV) trailer must meet the capacity (OCCC) label (Figure 1) or a RV
motor home/recreation vehicle trailer load applicable requirements in S10. trailer cargo carrying capacity (CCC)
carrying capacity information for motor S10.1 On motor homes, the sum of label (Figure 2) to its vehicles that meets
vehicles with a GVWR of more than 4,536 the gross axle weight ratings (GAWR) of the following criteria:
kilograms (10,000 pounds). all axles on the vehicle must not be less S10.4.1 The RV load carrying
S1. Scope. This standard specifies tire than the gross vehicle weight rating capacity labels (Figures 1 and 2) must be
and rim selection requirements, rim (GVWR). legible, visible, moisture resistant,
marking requirements and motor home/ S10.2 On RV trailers, the sum of the presented in the English language, have
recreation vehicle trailer load carrying GAWRs of all axles on the vehicle plus a minimum print size of 2.4 millimeters
capacity information. the vehicle manufacturer’s (3⁄32 inches) high and be printed in black
recommended tongue weight must not print on a yellow background.
S2. Purpose. The purpose of this

standard is to provide safe operational be less than the GVWR. If tongue weight S10.4.2 The weight value for load
performance by ensuring that vehicles is specified as a range, the minimum carrying capacity on the RV load
to which it applies are equipped with value must be used. carrying capacity labels (Figures 1 and
tires of adequate size and load rating S10.3 The tires on each motor home 2) must be displayed to the nearest
ER04DE07.043</GPH>
and with rims of appropriate size and and RV trailer at first retail sale must be kilogram with conversion to the nearest
pound and must be such that the following information in accordance black, fine point, indelible marker. The
vehicle’s weight does not exceed its with Figure 2: label must contain the statements
GVWR when loaded with the stated (a) The statement: ‘‘RECREATION ‘‘CAUTION—LOAD CARRYING
load carrying capacity. The UVW and VEHICLE TRAILER CARGO CARRYING CAPACITY REDUCED’’ in block letters
the GVWR used to determine the RV’s CAPACITY’’ in block letters. and ‘‘Modifications to this vehicle have
load carrying capacity must reflect the (b) The Vehicle Identification Number reduced the original load carrying
weights and design of the motor home (VIN). capacity by XXX kg or XXX lbs’’ in
or RV trailer as configured for delivery (c) The statement: ‘‘THE WEIGHT OF accordance with Figure 3 with
to the dealer/service facility. If CARGO SHOULD NEVER EXCEED: appropriate values in place of XXX. If
applicable, the weight of full propane XXX kg or XXX lbs’’ in block letters two load carrying capacity modification
tanks must be included in the RV’s with appropriate values included. labels are required (one permanent and
UVW and the weight of on-board (d) The statement: ‘‘CAUTION: A full one temporary), the weight values on
potable water must be treated as cargo. load of water equals XXX kg or XXX lbs each must agree, or
S10.4.3 The RV load carrying of cargo @ 1 kg/L (8.3 lb/gal)’’ with
appropriate values included. (b) Modify the original permanent RV
capacity labels (Figures 1 and 2) must load carrying capacity label (Figure 1 or
S10.5 Weight added to motor homes
be: 2) with correct load carrying capacity
and RV trailers between final vehicle
(a) Permanently affixed and must be weight values. If the manufacturer
certification and first retail sale of the
visibly located on the interior of the vehicle. selects S10.4.3(b), the temporary RV
forward-most exterior passenger door on S10.5.1 If weight exceeding 45.4 kg load carrying capacity label (Figure 1 or
the right side of the vehicle; or (100 pounds) is added to a motor home 2) must also be modified with correct
(b) If a permanent RV load carrying or RV trailer between final vehicle load carrying capacity weight values.
capacity label (Figure 1 or 2) is affixed certification and first retail sale of the Modification of labels requires a
in the location specified at S5.3(b), a vehicle, the load carrying capacity machine printed overlay with printed
temporary version of the RV load values on the RV load carrying capacity corrected values or blanks for corrected
carrying capacity label (Figure 1 or 2) labels (Figures 1 and 2) required by values that may be entered with a black,
may be visibly located on the interior of S10.4 must be corrected using one or a fine-point, indelible marker. Crossing
the forward-most exterior passenger combination of the following methods: out old values and entering corrected
door on the right side of the vehicle. (a) Permanently affix the load carrying values on the original label is not
S10.4.4 Permanent and temporary capacity modification label (Figure 3) permissible, or
motor home OCCC labels must contain which displays the amount the load (c) Replace the original, permanent
the following information in accordance carrying capacity is reduced to the RV load carrying capacity label (Figure
with Figure 1: nearest kilogram with conversion to the 1 or 2) with the same label containing
(a) The statement: ‘‘MOTOR HOME nearest pound, within 25 millimeters of correct load carrying capacity weight
OCCUPANT AND CARGO CARRYING the original, permanent RV load values. If the manufacturer selects
CAPACITY’’ in block letters. carrying capacity label (Figure 1 or 2). S10.4.3(b), the temporary RV load
(b) The Vehicle Identification Number The load carrying capacity modification carrying capacity label (Figure 1 or 2)
(VIN). label must be legible, visible, must also be replaced with the same
(c) The statement ‘‘THE COMBINED permanent, moisture resistant, label containing correct load carrying
WEIGHT OF OCCUPANTS AND presented in the English language, have capacity weight values.
CARGO SHOULD NEVER EXCEED: a minimum print size of 2.4 millimeters
XXX kg or XXX lbs’’ in block letters (3/32 inches) high and be printed in S10.5.2 Corrected load carrying
with appropriate values included. black print on a yellow background. If capacity weight values or the weight
(d) The statement ‘‘Safety belt the manufacturer selects S10.4.3(b), amount the load carrying capacity is
equipped seating capacity: XXX’’ with apply a temporary version of the load reduced, must reflect the total weight
the appropriate value included. This is carrying capacity modification label added between final vehicle
the total number of safety belt equipped (Figure 3) within 25 millimeters of the certification and first retail sale and
seating positions. original, temporary RV load carrying must be accurate within one percent of
(e) The statement: ‘‘CAUTION: A full capacity label (Figure 1 or 2) on the the actual added weight. No re-labeling
load of water equals XXX kg or XXX lbs interior of the forward-most exterior is required if the weight of the vehicle
of cargo @ 1 kg/L (8.3 lb/gal) and the passenger door on the right side of the is reduced between final vehicle
tongue weight of a towed trailer counts vehicle. Both temporary and permanent certification and the first retail sale.
as cargo’’ with appropriate values versions of the load carrying capacity 6. Section 571.120 of title 49, Code of
included. modification label (Figure 3) may be Federal Regulations, is amended by
S10.4.5 Permanent and temporary printed without values and values may adding, after S10, Figure 1, Figure 2,
RV trailer CCC labels must contain the be legibly applied to the label with a and Figure 3 to read as follows:
Note: This appendix will not appear in the Figure numbers in the following scenarios load carrying capacity information appears
Code of Federal Regulations. refer to the figures in the regulatory text for on both the tire placard and the motor home
the amendments to FMVSS Nos. 110 and OCCC label or RV trailer CCC label).
Appendix A—Label Requirements for 120. • Option 2—Install a temporary version of
Various Vehicle/GVWR Combinations Light Vehicles Other Than RVs the motor home OCCC label or RV trailer
CCC label (amendment to Standard No. 110,
The following scenarios summarize the • If weight added after final vehicle Figure 3 or 4) visibly on the interior of the
label requirements for various vehicle/GVWR certification and before first retail sale forward-most exterior passenger door on the
combinations. exceeds the lesser of 1.5 percent of GVWR or right side of the vehicle and install a
Note: This explanation is offered as a guide 100 pounds, then permanent motor home or RV trailer
to the various labels and figure numbers. An Æ Correct the load carrying capacity supplemental label (amendment to Standard
explanation of the labels applicable to each information by modifying or replacing the No. 110, Figure 5 or 6) within 25 mm of the
vehicle type (i.e., light vehicles other than FMVSS No. 110 tire placard, or
FMVSS No. 110 tire placard (motor home
RVs, light RVs, and heavy RVs) is set forth Æ Install the load carrying capacity
and RV trailer supplemental labels do not
below. modification label (amendment to Standard
duplicate information that already exists on
No. 110, Figure 7) within 25 mm of the
Except for the motor home and RV trailer the tire placard).
FMVSS No. 110 tire placard showing the
supplemental labels in the amendment to amount the load carrying capacity is reduced. Æ If weight added after final vehicle
FMVSS No. 110 (Figures 5 and 6), light RVs certification and before first retail sale
and heavy RVs use the same motor home Light RVs exceeds the lesser of 1.5 percent of GVWR or
OCCC label and the same RV trailer CCC • Option 1—Install a permanent motor 100 pounds, then
labels. Also both light and heavy RVs use the home OCCC label or RV trailer CCC label fi Correct the load carrying capacity
same load carrying capacity modification (amendment to Standard No. 110, Figure 3 or information by modifying or replacing the
label. As light vehicles are addressed by 4) visibly on the interior of the forward-most tire placard and the temporary version of the
FMVSS No. 110 and heavy vehicles are exterior passenger door on the right side of motor home OCCC label or RV trailer CCC
addressed by FMVSS No. 120, regulatory text the vehicle. label, or
and figures containing labels had to be Æ If weight added after final vehicle fi Install a permanent load carrying
placed in each of the two standards. FMVSS certification and before first retail sale capacity modification label (amendment to
No. 110 already contained two figures; exceeds the lesser of 1.5 percent of GVWR or Standard No. 110, Figure 7) within 25 mm of
therefore the new labels begin with Figure 3. 100 pounds, then the tire placard and install a temporary
FMVSS No. 120 had no existing figures; fi Correct the load carrying capacity version of the load carrying capacity
therefore the new labels begin with Figure 1. information by modifying or replacing the modification label (amendment to Standard
For example: FMVSS No. 110 tire placard and the No. 110, Figure 7) within 25 mm of the
• The motor home OCCC label in FMVSS permanent motor home OCCC label or RV temporary version of the motor home OCCC
No. 110, Figure 3 is the same as the motor trailer CCC label, or label or RV trailer CCC label in the specified
home OCCC label in FMVSS No. 120, Figure fi Install permanent load carrying location. The permanent and temporary
1. capacity modification labels (amendment to version of the load carrying capacity
• The RV trailer CCC label in FMVSS No. Standard No. 110, Figure 7) within 25 mm of modification label will display the amount
110, Figure 4 is the same as the RV trailer the FMVSS No. 110 tire placard and within the load carrying capacity is reduced. This
CCC label in FMVSS No. 120, Figure 2. 25 mm of the permanent motor home OCCC scenario would have both the supplemental
• The load carrying capacity modification label or RV trailer CCC label showing the label (Figure 5 or 6) and the permanent load
label FMVSS No. 110, Figure 7 is the same amount the load carrying capacity is reduced carrying capacity modification label (Figure
as the load carrying capacity modification (two load carrying capacity modification 7) installed within 25 mm of the placard
ER04DE07.044</GPH>
label in FMVSS No. 120, Figure 3. labels are required because on a light RV, (Figure 1).
Heavy RVs • Option 2—Install a temporary version of fi Correct the load carrying capacity
• Option 1—Install a permanent motor the motor home OCCC label or RV trailer information by modifying or replacing both
home OCCC label or RV trailer CCC label CCC label (amendment to Standard No. 120, the permanent and temporary motor home
Figure 1 or 2) visibly on the interior of the OCCC labels or RV trailer CCC labels, or
(amendment to Standard No. 120, Figure 1 or
forward-most exterior passenger door on the fi Install a permanent load carrying
2) visibly on the interior of the forward-most
right side of the vehicle and install a capacity modification label (amendment to
exterior passenger door on the right side of Standard No. 120, Figure 3) within 25 mm of
the vehicle. permanent motor home OCCC label or RV
the permanent motor home OCCC label or RV
Æ If weight added after final vehicle trailer CCC label in the area specified for tire
trailer CCC label and install a temporary
certification and before first retail sale information by FMVSS No. 120.14 version of the load carrying capacity
exceeds 100 pounds, then Æ If weight added after final vehicle modification label (amendment to Standard
fi Correct the load carrying capacity certification and before first retail sale No. 120, Figure 3) within 25 mm of the
information by modifying or replacing the exceeds 100 pounds, then temporary motor home OCCC label or RV
permanent motor home OCCC label or RV trailer CCC label showing the amount the
trailer CCC label, or 14 FMVSS No. 120, S5.3(a) provides the option of load carrying capacity is reduced.
fi Install a permanent load carrying including tire information on the certification label Issued on: November 20, 2007.
capacity modification label (amendment to required by 49 CFR § 567.4 or § 567.5. FMVSS No.
120, S5.3(b) provides the option of including the Nicole R. Nason,
Standard No. 120, Figure 3) within 25 mm of
tire information on a tire information label affixed Administrator.
the permanent motor home OCCC label or RV to the vehicle in the manner, location and form
trailer CCC label showing the amount the described in § 567.4(b) through (f). Note that [FR Doc. E7–22962 Filed 12–3–07; 8:45 am]
load carrying capacity is reduced. § 567(d) applies only to trailers. BILLING CODE 4910–59–P

Rule: Motor Vehicle Safety Standards: Motor Homes and Recreation Vehicle Trailers Over 10,000 Pounds Cargo Carrying Capacity Tire Selection and Rims

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Rule: Motor Vehicle Safety Standards: Motor Homes and Recreation Vehicle Trailers Over 10,000 Pounds Cargo Carrying Capacity Tire Selection and Rims

Enviado por

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Tuesday,

49 CFR Part 571

group of trade organizations through Mike Kastner

This rule will not impose any

S2. Purpose. The purpose of this

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