[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Rules and Regulations]
[Page 68441-68466]
[DOCID:fr04de07-20]

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Part III

Department of Transportation

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National Highway Traffic Safety Administration

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49 CFR Part 571

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

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

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

Federal Motor Vehicle Safety Standards; Cargo Carrying Capacity

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

ACTION: Final rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Background

A. The May Petition

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

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

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

    Prior to publication of an NPRM addressing the May petition, NHTSA
received a Joint Petition for Rulemaking and Interim Relief concerning
certain FMVSS No. 110 provisions that were scheduled to take effect on
September 1, 2005 regarding vehicle capacity weight and tire
information. The Joint Petition \1\ requested a notice of interim final
rulemaking authorizing or clarifying that the vehicle capacity weight
statement required by FMVSS No. 110 allows for a reasonable tolerance,
that vehicle capacity weight be labeled as ``estimated'' and as
``originally manufactured,'' that placards/labels may be modified
rather than replaced and that shipping weight or weight determined by
scales of reasonable accuracy may be used to determine the additional
weight of equipment added to vehicles.
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    \1\ ``Joint Petition'' means the ``Joint Petition for Rulemaking
and Interim Relief; Federal Motor Vehicle Safety Standard (FMVSS)
No. 110; Vehicle Capacity Weight and Tire Information'' dated July
29, 2005 which was submitted to NHTSA by a group of trade
organizations through Mike Kastner (NTEA) and Douglas Greenhaus
(NADA). The document is available in docket NHTSA-2005-22242-3.
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II. Notice of Proposed Rulemaking of August 31, 2005

    On August 31, 2005, NHTSA published in the Federal Register (70 FR
51707) (DMS Docket No. NHTSA-2005-22242), the NPRM to address the
problem of motor home and travel trailer overloading. The agency
explained in some detail the safety need for the proposed rule, which
would help to prevent motor home and travel trailer overloading.\2\
NHTSA cited data from the Recreation Vehicle Industry Association
(RVIA) regarding the number of recreation vehicles and from the
Recreation Vehicle Safety Education Foundation (RVSEF) showing the
scope of the overloading problem. The agency described characteristics
of motor homes and travel trailers, explaining how they may become
overloaded, and cited cargo carrying capacity-related consumer
information and labels that are currently required by NHTSA. Finally,
NHTSA described cargo carrying capacity consumer information and labels
currently required or recommended by Transport Canada and the RVIA.
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    \2\ For a full explanation of the safety need for the
rulemaking, and data cited in support, please refer to the NPRM of
August 31, 2005 at 70 FR 51707.
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    In the NPRM, we also included several provisions to address the
Joint Petition concerning FMVSS No. 110. Included was a proposal to
permit dealers to add weight up to 0.5 percent of the GVWR (of a
vehicle subject to FMVSS No. 110) before first retail sale, without
need for the dealers to re-label or re-placard the vehicle.

III. Overview

A. Summary of Comments

    In response to the NPRM, NHTSA received comments from the
following: Adaptive Driving Alliance (ADA); Alliance of Automobile
Manufacturers (Alliance); Association of International Automobile
Manufacturers (AIAM); Marine Retailers Association of America (MRAA);
National Association of Trailer Manufacturers (NATM); National
Automobile Dealers Association (NADA); National Marine Manufacturers
Association (NMMA); National Mobility Equipment Dealers Association
(NMEDA); National RV Dealers Association (RVDA); National Trailer
Dealers Association (NTDA); National Truck Equipment Association
(NTEA); Recreation Vehicle Industry Association (RVIA); Rubber
Manufacturers Association (RMA); Mr. Nate J. Seymour (Seymour);
Specialty Equipment Market Association (SEMA); Toyota Motor North
America, Inc. (Toyota); Mr. James Weston (Weston); and Mr. Tim Walker
(Walker).
    Many of the commenters addressed the applicability of the proposed
rule, and recommended that the final rule should apply to all motor
homes and travel trailers, not just those with GVWRs over 4,536 kg
(10,000 pounds). We were also asked to simplify the definition of
``occupant capacity weight.'' Some commenters, notably the RVIA, asked
NHTSA to specify multiple locations (three) for the labeling
information. There were recommendations for more detailed information
on cargo carrying capacity, including definitions of GVWR, unloaded
vehicle weight, and cargo carrying capacity, and a request for NHTSA to
provide more guidance on the effects of dealer installed equipment on
cargo carrying capacity and the distribution of cargo.
    Reiterating issues raised in previous rulemakings, and
interpretation letters, some commenters asked for revisions in FMVSS
No. 110 vehicle (tire) placarding \3\ requirements. Relief was also
supported for instances when weight is added to a vehicle after final
vehicle certification and before first retail sale. Many commenters
stated that the relief proposed in the NPRM, 0.5 percent of vehicle
GVWR, was too low.
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    \3\ For purposes of this document, ``tire placard'' means the
vehicle placard required by S4.3 of FMVSS No. 110.
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B. Summary of the Final Rule

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

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

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

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

IV. Public Comments and NHTSA's Response

A. Applicability of This Final Rule

    1. Whether the Final Rule Should Apply to All RVs, Not Just to RVs
with GVWRs Greater Than 4,536 kg (10,000 pounds)--In the NPRM, NHTSA
proposed that the new labeling rule apply to motor homes and travel
trailers over 4,536 kg (10,000 pounds). Seymour, the RVDA and the RVIA
all commented that the proposed RV labeling requirements should not be
limited to motor homes and travel trailers with GVWRs over 4,536 kg
(10,000 pounds) but should apply to all RVs.
    RVDA commented that the proposed CCC labels for heavy RVs \4\
provide useful information for both consumers and dealers. It argued
that consumers who purchase light RVs should also have the benefit of
the same detailed information. RVDA also indicated that if the proposed
regulatory text was made final, there would be three different labels
for RVs: (1) Heavy RVs would have the FMVSS No. 120 CCC label which
would most likely replace the RVIA label; (2) Light RVs would have the
FMVSS No. 110 tire placard with load carrying capacity information; and
(3) Most light RVs may also have a more detailed RVIA label. According
to that organization, these different labels for heavy RVs versus light
RVs may confuse consumers.
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    \4\ Throughout this document, ``light RV'' means a recreation
vehicle with a GVWR of 4,536 kg (10,000 pounds) or less. ``Heavy
RV'' means a recreation vehicle with a GVWR of more than 4,536 kg.
Motor homes, travel trailers (as proposed to be defined in the NPRM)
and recreation vehicle trailers are all subgroups of recreation
vehicles (RVs).
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    RVIA commented that the majority of ``travel trailers,'' some
smaller motor homes and virtually all RV conversion vehicles \5\ have
GVWRs of 4,536 kg (10,000 pounds) or less and are subject to the FMVSS
No. 110 load carrying capacity labeling requirements. Travel trailers
with GVWRs greater than 4,536 kg (10,000 pounds) and most motor homes
would be subject to the proposed FMVSS No. 120 NPRM CCC label. RVIA
recommended consistency of the information provided to RV consumers
regardless of the RV's size. RVIA stated that all RVs regardless of
their GVWRs have the primary function of providing mobile, temporary,
on-site living quarters, and all contain residential features such as
sleeping accommodations, bathrooms, cooking facilities, water storage
and cargo storage.
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    \5\ As defined by RVIA, conversion vehicle means vans, SUVs and
pickup trucks that are manufactured by an automaker, then altered
for recreational use by a company specializing in customizing
vehicles.
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    RVIA cited its 2004 sales statistics that approximately 250,300 RVs
shipped were light RVs and would be subject to FMVSS No. 110
requirements, and approximately 112,300 RVs shipped were heavy RVs and
would be subject to FMVSS No. 120 requirements. RVIA said that if the
proposed CCC label requirements are limited to heavy RVs, a large
portion of the overloading problem would not be addressed and different
labels for different classes of RVs would confuse consumers, minimizing
the benefits of the new RV labeling requirements.
    Since NHTSA seeks to apply the load carrying capacity label
requirements most effectively, it has decided to apply the new
requirements to all RVs that fit the appropriate definitions,
regardless of GVWR. We believe this is a logical outgrowth of the
proposal, and note that the request for wider applicability came from
the RVIA and RVDA which represent approximately 95 percent of the RV
industry, consisting of many small businesses. As they explained in the
comments, both light and heavy RVs have similar uses, loading
characteristics, and overloading issues; a substantial number of RVs
sold have GVWRs of 4,536 kg (10,000 pounds) or less. Applying this
final rule to all RVs will require RV load carrying capacity label
requirements to appear in both Standard Nos. 110 and 120.
    We note that since the August 2005 NPRM was published, amendments
to Standard Nos. 110 and 120 took effect on September 1, 2005. Before
the amendments, Standard No. 110 applied to passenger cars and Standard
No. 120 applied to other vehicles. After the amendments took effect,
Standard No. 110 applies to vehicles with GVWRs of 4,536 kg (10,000
pounds) or less, and Standard No. 120 applies to vehicles with a GVWR
of more than 4,536 kg (10,000 pounds).
    2. Excluding Light RVs from FMVSS No. 110 Labeling Requirements--As
part of its recommended labeling format, RVIA suggested that light RVs
be excluded from the labeling requirements of FMVSS No. 110, and RVs
only be subject to RVIA's suggested format. If adopted, RVIA's
recommendation would mean that for light RVs, load carrying capacity
information would not be required on the FMVSS No. 110 tire placard.
Manufacturers that are RVIA members would place RVIA's suggested small
label with similar load carrying capacity information in the same area
as the tire placard.
    NHTSA has decided not to change the existing tire placard
requirements in

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

B. Definitions

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Determining Occupant Capacity Weight

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

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

E. Location of Labels

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

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

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

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

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

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

F. Label Format and Content

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

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

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

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

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

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

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

[GRAPHIC] [TIFF OMITTED] TR04DE07.041

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

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

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

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

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

H. Other Issues

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

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

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

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

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

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

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

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

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

V. Final Rule

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

VI. Leadtime

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

VII. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

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

B. Executive Order 13132 (Federalism)

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

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

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