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(3) Monitoring, as specified in the 1. Owner’s Manual Requirements The final rule addressed motor homes SMMP, is required. 2. Other Means of Informing Consumers and RV trailers. The agency believed c. The Weight That Can Be Added to a * * * * * that many owners of these vehicles are Vehicle After Final Vehicle Certification unaware of their vehicle’s cargo carrying [FR Doc. 2010–9982 Filed 4–28–10; 8:45 am] and Before First Retail Sale Without BILLING CODE 6560–50–P Triggering a Requirement To Re-Label capacity until a problem becomes the Vehicle apparent. State laws do not require 1. Raising the Threshold motor homes and travel trailers to use DEPARTMENT OF TRANSPORTATION 2. 49 CFR § 595.7 roadside weighing stations as they do 3. Use of a Single Weight Threshold Only, for heavy commercial vehicles. NHTSA National Highway Traffic Safety Not Percentage of GVWR believed that consumer information in Administration d. Applying FMVSS No. 110 Re-Labeling the form of a required label will inform Requirements Only to Alterers consumers of a motor home or travel e. Issues Outside the Scope of Rulemaking 49 CFR Part 571 1. Dealers Changing Tire Placard trailer’s cargo carrying capacity and will result in reduced overloading of the [Docket No. NHTSA–2010–0055] 2. Load Distribution III. Conclusion vehicles. For motor homes and RV trailers, the Federal Motor Vehicle Safety I. Summary of the December 2007 Final final rule required labels that display Standards; Cargo Carrying Capacity Rule the vehicle identification number (VIN), AGENCY: National Highway Traffic On December 4, 2007 (72 FR 68442) the weight of a full load of water, the Safety Administration (NHTSA), (Docket No. NHTSA–2007–0040), unit weight of water and a cautionary Department of Transportation (DOT). NHTSA published a final rule that statement that the weight of water is ACTION: Denial of petitions for amended Federal Motor Vehicle Safety part of cargo. The rule required motor reconsideration. Standard (FMVSS) Nos. 110 and 120 to home labels to display the maximum address the problem of motor home and weight of occupants and cargo, and RV SUMMARY: This document denies recreation vehicle trailer overloading. trailer labels to display the maximum petitions for reconsideration of a final The final rule took effect on June 2, weight of cargo. In addition, for motor rule published December 4, 2007 which 2008. Standard No. 110 was renamed, homes, the label must show the seating amended the Federal motor vehicle Tire selection and rims and motor capacity of the vehicle—based on the safety standards (FMVSS) Nos. 110 and home/recreation vehicle trailer load number of safety belts in the vehicle— 120 on tire selection and rims. The final carrying capacity information for motor and must indicate that the tongue rule addressed the problem of light vehicles with a GVWR [Gross Vehicle weight of a towed trailer counts as part vehicle, motor home and recreation Weight Rating] of 4,536 kilograms of the motor home’s cargo. vehicle trailer overloading by requiring (10,000 pounds) or less. Standard No. To promote a consistent conspicuous manufacturers of light vehicles, motor 120 was renamed, Tire selection and label location, the final rule specified homes, and recreation vehicle trailers to rims and motor home/recreation vehicle that permanent load carrying capacity provide, among other matters, trailer load carrying capacity labels be affixed to the interior of the information to consumers about the information for motor vehicles with a forward-most exterior passenger door on vehicle’s load carrying capacity. GVWR of more than 4,536 kilograms the right side of the vehicle and be visible. As an alternative, to address DATES: The December 4, 2007 final rule (10,000 pounds). Among other things, aesthetic considerations, the rule became effective June 2, 2008. Today’s the December 2007 final rule amended permitted manufacturers to place a document makes no changes to the the standards to require all motor homes temporary label to the interior of the regulatory text of that final rule and recreation vehicle (RV) trailers to forward-most exterior passenger door on FOR FURTHER INFORMATION CONTACT: For bear a label that informs the consumer about the vehicle’s load carrying the right side of the vehicle and to apply non-legal issues, you may call Mr. a permanent label in the area of the Samuel Daniel, Office of Crash capacity. Over the years, the agency has vehicle specified by FMVSS Nos. 110 Avoidance Standards at (202) 366–4921. received inquiries and complaints from and 120 for tire information. His FAX number is (202) 366–7002. the public about problems resulting In addition, the final rule adopted a For legal issues, you may call Ms. threshold for correcting load carrying Dorothy Nakama, Office of the Chief from motor home and travel trailer overloading. Many overloading capacity information on FMVSS No. 110 Counsel at (202) 366–2992. Her FAX vehicle placards, motor home occupant number is (202) 366–3820. problems surface in the form of complaints about poor handling, and cargo carrying capacity (OCCC) You may send mail to both of these labels and RV trailer cargo carrying officials at National Highway Traffic reduced braking capabilities, tire failure and the premature failure of suspension capacity (CCC) labels of the lesser of 1.5 Safety Administration, 1200 New Jersey percent of GVWR or 100 pounds in Avenue, SE., Washington, DC, 20590. components. NHTSA issued the final rule to address the problem of FMVSS Nos. 110 and 120. When weight SUPPLEMENTARY INFORMATION: overloading, by helping consumers have is added between final vehicle certification and first retail sale, the load Table of Contents a better idea of when the cargo carrying capacities of their motor homes and carrying capacity values on the labels I. Summary of the December 2007 Final Rule II. Petitions for Reconsideration travel trailers are being met, and 1 her petition was her family’s personal experience a. The Information that Should Be exceeded. with a fifth-wheel travel trailer. She stated that Provided to Consumers there was no information provided with her trailer 1. Water Weight as Cargo 1 The rulemaking commenced in response to a stating its cargo carrying capacity. Ms. May believed 2. Dealers Wanting To Require petition for rulemaking from Ms. Justine May, who that loading her vehicle with cargo for a trip placed Manufacturers To Weigh Each RV asked NHTSA to amend FMVSS No. 120 in such it in an overloaded condition, resulting in tire a way that motor vehicles would be equipped with blowouts. A discussion of motor home and 3. Providing the UVW to Consumers on the tires that meet maximum load standards when the recreational trailer loading problems can be found RV Trailer CCC Label vehicle is loaded with a reasonable amount of in the August 31, 2005 notice of proposed b. How the Information Should Be luggage and the total number of passengers the rulemaking (70 FR 51707, 51708) (Docket No. Displayed or Conveyed to the Consumer vehicle is designed to carry. Ms. May’s reason for NHTSA–2005–22242).

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must be corrected using one or a the weight of water is part of the cargo passenger door before the first retail sale combination of the following methods: weight. The final rule specified that for of the vehicle. This requirement ensures (a) Adding a load carrying capacity RV trailers, the cargo carrying capacity that information about the vehicle modification label within 25 mm of the label (CCC label) must specify the capacity weight is noticed by the existing vehicle (FMVSS No. 110) weight value that the weight of cargo consumer. It is also intended to prevent placard, and/or the motor home OCCC must never exceed, the weight of a full consumers from buying RVs and later label, or RV trailer CCC label (FMVSS load of water, the unit weight of water learning that the vehicle capacity weight Nos. 110 and 120); (b) modifying the and a caution that the weight of water does not satisfy their needs. original permanent RV load carrying is part of the cargo weight. With respect to the labels to which capacity label or vehicle placard with We explained in the final rule that consumers were exposed in the past, it correct load carrying capacity weight information about on-board water is uncertain that consumers have values; or (c) replacing the original, weight is important because filled water associated the weight of water with the permanent RV load carrying capacity tanks can be a significant portion of the unloaded vehicle weight simply because label or vehicle placard with the same vehicle’s total cargo capacity. We stated the industry label had done so. Previous label or placard containing correct load that the level of on-board water can be labels were usually in an obscure carrying capacity weight values. assessed by the consumer. Further, location; RV owners who contacted campgrounds often provide water hook- NHTSA usually were unaware of the II. Petitions for Reconsideration ups, making it unnecessary sometimes cargo weight capacity of their vehicles NHTSA received petitions for for consumers to carry water. In such or whether water weight was considered reconsideration from: The Association cases, the absence of water provides part of the UVW or cargo weight. For of International Automobile more capacity for cargo. example, Ms. Justine May, whose Manufacturers, Inc. (AIAM); Mr. Dennis In a petition for reconsideration, Mr. petition commenced the rulemaking Myhre; the National RV Dealers Dennis Myhre asks that on-board water resulting in the December 2007 final Association (RVDA), and a ‘‘joint capacity be considered part of the rule, attributed repeated tire failures of petition’’ submitted by the National unloaded vehicle weight (UVW) rather her RV trailer to the absence of Automobile Dealers Association than cargo. He states that most owners information on cargo weight limits for (NADA) and Specialty Equipment fill their tanks completely before leaving her RV. Market Association (SEMA) (hereafter home or a campground. He states: We are denying the petition for referred to as ‘‘NADA/SEMA’’).2 ‘‘Partially filling the fresh water tank can reconsideration also because the The issues raised by the petitioners have negative effects on the ABS presentation of water weight as a can be categorized as relating to the [antilock] braking system and steering separate item on the label also following: (a) The information that control, and encouraging the consumer highlights that there is a trade-off in should be provided to consumers; (b) to ‘drain’ the fresh tank to compensate useable cargo capacity between how the information should be for carrying capacity is unrealistic and traveling with a full tank and traveling displayed or conveyed to the consumer; wasteful of our precious natural with a less than full tank. This (c) the weight that can be added to a resources.’’ The petitioner believes that information should enhance consumers’ vehicle after final vehicle certification manufacturers have told RV consumers understanding that the amount of water and before first retail sale without for several years that fresh water is not carried in the water tanks affect the total triggering a requirement to re-label the part of the cargo carrying capacity of load they wish to carry in their vehicles. vehicle; 3 and, (d) whether the re- their RV, and consumers will now With this information, consumers can labeling requirement should only apply misunderstand the cargo carrying make informed decisions about loading to ‘‘alterers.’’ There were also requests information provided by the new CCC their vehicles for a particular trip (e.g., for changes that were outside of the label, and will overload their vehicle. whether more or less water will be carried to compensate for other cargo). scope of the rulemaking. Agency Response For the reasons discussed below, Accordingly, for the above reasons, NHTSA is denying all of the petitions This request is denied. Although we deny Mr. Myhre’s petition for reconsideration. voluntary industry labels have used the requesting that the weight of onboard term ‘‘CCC’’ to refer to the residual cargo water be incorporated into the vehicle’s a. The Information That Should Be capacity of an RV with a full water tank, UVW. Provided to Consumers we believe that the labels specified in 2. Dealers Wanting To Require 1. Water Weight as Cargo the December 2007 final rule improve the conspicuity and clarity of the Manufacturers To Weigh Each RV The final rule specified that the motor previous labels. The new labels The final rule requires manufacturers home occupant and cargo carrying emphasize to the consumer that the to report the allowable load carrying capacity label (OCCC) must state the weight of water is part of cargo. The capacity. In the final rule, we require weight value that the combined weight label clearly states: ‘‘The combined the statement: ‘‘The combined weight of of occupants and cargo should never weight of occupants and cargo should occupants and cargo should never exceed. Among other information, the never exceed XXX kg or XXX lb,’’ exceed XXX kg or XXX lbs’’ on motor label must provide the weight of a full followed by ‘‘Caution: A full load of homes, and the statement: ‘‘The weight load of water and the unit weight of water equals XXX kg or XXX lb of of cargo should never exceed XXX kg or water, and must inform consumers that cargo.’’ These explicit statements should XXX lbs’’ on RV trailers. These facilitate the consumer’s understanding statements are required to state weights 2 Also signing the joint petition were the Automotive Service Association, the Marine that they must consider the weight of that will not overload the vehicle. These Retailers Association of America, the National water as cargo. requirements allow manufacturers to Marine Manufacturers, RVDA, the National Truck An important part of the December understate (but not overstate) the weight Equipment Association, and the Tire Industry 2007 final rule for motor homes and RV value for load carrying capacity. This Association. 3 Several petitioners stated that the relief trailers is the requirement that either the will assure that when the consumer provided in the final rule, the lesser of 1.5 percent permanent label or a temporary label loads the vehicle to the stated load of vehicle GVWR, or 100 pounds was too low. must be displayed inside the front carrying capacity, the vehicle’s GVWR

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will not be exceeded. When the stated load carrying capacity. Manufacturers The petitioner states that this situation manufacturer states that the load are permitted to understate the value of load could ‘‘mislead consumers into carrying capacity must not exceed a carrying capacity to compensate for variances believing that their tow vehicles could certain weight value, it means that the in manufacturing techniques, materials, and not pull trailers or fifth wheels which weighing techniques, however, under no they, in reality, could safely pull by stated load carrying capacity weight circumstances is an overstated value of load value plus the UVW is less than or equal carrying capacity permitted. Any utilizing less than the full cargo capacity to the GVWR. The manufacturer must inaccuracies due to scale tolerances and of the RV.’’ consider product variability to ensure variances in manufacturing techniques or Agency Response that the load carrying capacity plus the materials must be compensated for by UVW does not exceed the GVWR.4 appropriately increasing the safety factor We are declining this request. The In its petition for reconsideration, between the allotted weight for occupants December 2007 final rule was in RVDA requests that NHTSA require ‘‘all and cargo (or just cargo in the case of RV response to a petition from an RV trailer recreational vehicles, regardless of trailers) and the GVWR. Accordingly, the owner whose trailer experienced safety- weight, be weighed by the final stage probability of moisture absorption by related failures as a result of overloading wooden structures before first retail sale manufacturer after all options and that the owner attributed to insufficient should be considered in assigning the load information on vehicle capacity weight. equipment are installed, and that the carrying capacity. actual weight of the unit be used to NHTSA believed that the overloading of calculate the cargo carrying capacity Manufacturers are free to weigh each RVs was problematic and to alleviate disclosed to the consumer.’’ The unit and apply a factor of safety for the situation, better information was petitioner (associated RV dealers) expected moisture absorption to arrive needed. The August 2005 NPRM (at 70 reports that manufacturers used an at the vehicle capacity weight, or they FR 51707) cited the Recreational ‘‘exemplar’’ method 5 to report the can weigh an exemplar unit and adjust Vehicle Safety Foundation’s 2003 unloaded vehicle weight of RVs on a for differences in option content, Annual Report to Industry, which found voluntary RV industry label, and that a construction details and variations in that 47 percent of the 442 RV trailers it dealer had been sued because it was material density as well as moisture weighed 6 in 2003 were overloaded. In discovered that the actual vehicle absorption, applying appropriate factors contrast, the RVDA describes in its weight of some RV trailers was of safety. Regardless, the amendments to petition, a sales practice that results in substantially greater than that reported FMVSS No. 120 require manufacturers customers buying trailers that are too on the label. RVDA is concerned that to determine the accurate vehicle heavy for their tow vehicle if they the exemplar method may not take into capacity weight. We do not believe there utilize the full cargo capacity of the account unit-specific options, running is a need to also require manufacturers trailer. We see no safety advantage to changes in construction and materials, to weigh each RV individually and that situation. variations in the density of material provide the weight of the vehicle to the In addition, the information sought by used in units built to the same plans, consumer. Accordingly, the request is the petitioner (the UVW of the RV and increases in the weight of wood due denied. trailer) can be easily obtained by the to humidity absorption if the exemplar 3. Providing the UVW to Consumers on dealer. We anticipate that RV dealers unit was weighed during a drier time of the RV Trailer CCC Label will now calculate the UVW of trailers year. by subtracting the vehicle cargo carrying The final rule does not require capacity weight, which is now a Agency Response manufacturers of RV trailers to provide labeling requirement, from the trailer’s We are denying this request. In the the unloaded vehicle weight (UVW) of GVWR. Given that both the GVWR and past, manufacturers were not required the RV trailer on the new cargo carrying the vehicle cargo carrying capacity by the FMVSSs to provide unloaded capacity (CCC) label, even though the weight are required to be labeled, and vehicle weights and the cargo carrying UVW has to be obtained in order to that the UVW can readily be determined capacity (GVWR minus UVW, full fresh calculate the cargo carrying capacity of by these factors, we see no safety reason water and full LP-gas weight) of RVs the vehicle. In its petition for to require manufacturers to also provide over 10,000 pounds GVWR. We believe reconsideration, RVDA asks that the UVW for RV trailers. For these that the December 2007 final rule will NHTSA require that the UVW be reasons, the request is denied. eliminate the practices that led to disclosed on the RV trailer CCC label ‘‘because this information is critical to b. How the Information Should Be overstating the vehicle carrying capacity Displayed or Conveyed to the Consumer for these vehicles. The preamble to the consumers as well as dealers during the final rule (at 72 FR 68456) stated: sale and/or use of a travel trailer or fifth 1. Owner’s Manual Requirements wheel, (towable).’’ According to RVDA: * * * we are requiring that the stated load In its petition, AIAM raises a concern carrying capacity not overload the vehicle. * * * during the purchase of a towable, about the relationship between the The GVWR of the vehicle must not be the UVW is subtracted from the towing December 2007 final rule (which exceeded when the vehicle is loaded with the capacity of the consumer’s truck or tow amended FMVSS Nos. 110 and 120) and vehicle (‘‘tow vehicle’’) to determine how much cargo can be added to the RV without 49 CFR part 575, Consumer Information. 4 The amended standards require manufacturers AIAM noted that 49 CFR 575.6(a)(4)(v) to report a vehicle capacity weight value that can exceeding the towing capacity of the tow be verified by NHTSA during a compliance test vehicle. This calculation is not addressed by requires manufacturers, for vehicles that (FMVSS No. 110 paragraphs S9.3.2 and S10.2; the rule which deals exclusively with the have a GVWR of 10,000 lb or less, to FMVSS No. 120 S10.4.2), but the standards do not cargo carrying capacity of the RV itself. include information in the owner’s specify how the manufacturer must determine (Emphasis in text.) manual (or if there is no owner’s vehicle capacity weight. manual, in a separate document) 7 5 According to RVDA’s petition, the ‘‘exemplar’’ RVDA states that without a UVW method of determining the unloaded vehicle weight label, ‘‘consumers and dealers will be appears to be the practice of weighing one vehicle forced to subtract the Gross Vehicle 6 Not claimed to be a scientific sampling, but an and using its weight to represent all vehicles of that indication that overloading is very common. model regardless of differences in equipment, Weight Rating of the RV from the towing 7 For convenience, in this discussion we refer to changes in materials or construction methods, or capacity of the tow vehicle to determine both documents as the ‘‘owner’s manual.’’ ‘‘Owner’s seasonal effects. the cargo capacity of the tow vehicle.’’ manual’’ is defined in § 575.2(c).

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regarding vehicle load limits, including voluntarily providing information about percent of GVWR or 100 pounds instructions for locating and their vehicles’ load capacity values in ‘‘relieves passenger vehicle dealers of understanding the load limit sales literature and Web sites. the responsibility for label changes in information. Section 575.6(a)(4)(v)(B) the vast majority of equipment sales c. The Weight That Can Be Added to a requires the owner’s manual to provide without creating a practical safety Vehicle After Final Vehicle Certification information for calculating total and ’’ and Before First Retail Sale Without problem. 72 FR at 68452. NHTSA cargo load capacities with varying ‘‘ Triggering a Requirement To Re-Label stated: The most commonly installed seating configurations, including the Vehicle heavy item by dealers before first retail quantitative examples showing how the sale is a heavy duty Class IV trailer vehicle’s cargo and luggage capacity The final rule addressed the hitch for a pickup truck. Such hitches decreases as the combined number of obligation of manufacturers and dealers have an advertised shipping weight of occupants increases. to re-label a vehicle when the less than 36.3 kg (80 lbs). A relatively AIAM asks NHTSA to clarify whether manufacturer or dealer adds optional small pickup truck for this hitch the part 575 consumer information equipment and accessories to the application would have a GVWR of vehicle loading information required in vehicle after final vehicle certification 2721.6 kg (6000 lbs) or greater. This the owner’s manual must be modified and before first retail sale. The terms installation would involve equipment when the vehicle placard is adjusted in dealer, manufacturer, alterer, and representing 1.33 percent of the accordance with the requirements of the service facility are used in this vehicle’s GVWR or less.’’ Id. December 2007 final rule. document to identify entities that are NHTSA acknowledged that a vehicle required to comply with the December Agency Response with the maximum weight of added 4, 2007 final rule amending FMVSS equipment of 1.5 percent of GVWR Our answer is the Part 575 Nos. 110 and 120. When such when also loaded to the maximum information is not required to be equipment increases the vehicle’s weight of passengers and cargo specified modified. It is not the intent of the part weight and decreases the weight allotted in the original label could exceed the 575 owner’s manual language to include for passengers and cargo, NHTSA’s tire load rating by 1.5 percent as a worst load capacity values specific to a position is that the manufacturer or case. However, the agency determined particular vehicle. The § 575.6(a)(4)(v) dealer making the addition is obligated that NHTSA tire research data (see, e.g., requirement is for general information to revise, as necessary, the information Docket NHTSA 2000–8011 item 22) to be placed in the owner’s manual, to on the vehicle placard required by shows that fully inflated tires are not inform customers about the capacities of FMVSS No. 110 and 120 that informs very sensitive to small overloads. Even their vehicles, the location of specific consumers of the vehicle’s load carrying in a high speed test rigorous enough to load capacity information (placard) on capacities. As to what is ‘‘necessary,’’ the fail a third of the tire samples, tires that the vehicle, and how this information is agency believes that small increases in were slightly overloaded (taking into calculated. Therefore, neither FMVSS weight are insignificant, and that it consideration the curvature of the test No. 110 nor part 575 requires the would be unnecessarily burdensome to wheel) performed comparably to a owner’s manual to have specific require dealers to reprint labels with sample of the same tire make/models information regarding a vehicle’s load new information each time a small with 10 percent less load. 72 FR at amount of weight is added to a vehicle. capacities. 68452. Thus, NHTSA determined a Further, because the part 575 To make clearer the obligation to re- threshold of weight at the lesser of 1.5 information required is general and not label a vehicle, the December 2007 final percent of GVWR or 100 pounds specific to a particular vehicle, the load rule amended FMVSS Nos. 110 and 120 reasonably balanced the interest of capacity information in the owner’s to specify that, if weight equal to or less alleviating burdens on dealers and manual need not be revised when than the lesser of 1.5 percent of the others to re-label the vehicle with load revisions are made to vehicle capacity vehicle’s GVWR or 45.4 kilograms safety considerations. weight values due to weight additions to (kg)(100 lb) is added by the dealer a vehicle prior to first sale. The required before first retail sale, no additional Petitions for Reconsideration owner’s manual language directs action is required. If weight greater than 1. Raising the Threshold consumers to the vehicle placard the lesser of 1.5 percent of the vehicle’s required by FMVSS No. 110 for specific GVWR or 45.4 kg (100 lb) is added by AIAM, RVDA, and joint petitioners vehicle load capacity information. the dealer before first retail sale, the NADA/SEMA petitioned for When vehicle placards are adjusted in dealer must take action (specified in the reconsideration of the threshold of the accordance with requirements of the standards) to re-label the vehicle. The lesser of 1.5 percent of GVWR or 100 December 2007 final rule, the corrected dealer is required to add a label that pounds, seeking a much higher information will be available to the corrects or modifies the original load threshold for the amount of weight a consumer. carrying capacity values. dealer could add to a vehicle without The final rule raised the threshold to having to correct the vehicle placard. 2. Other Means of Informing Consumers the lesser of 1.5 percent GVWR or 45.4 The petitioners generally seek to In his petition for reconsideration, Mr. kg (100 pounds) from the threshold increase the threshold level to the larger Myhre urges NHTSA ‘‘to incorporate proposed in the NPRM. The NPRM had of 3 percent of GVWR or 100 kg (220 their final ruling information not only in proposed a threshold of weight equal to pounds). AIAM states that the weight of their products, but also in sales or less than 0.5 percent of GVWR. That combinations of added equipment could literature and Web sites, to better inform is, if weight greater than 0.5 percent of exceed the threshold in the final rule so the RV Consumer.’’ This request by Mr. GVWR is added by the dealer before that in many instances the dealers Myhre raises issues that were not the first retail sale, the dealer must add a would have to correct the vehicle subject of the NPRM or the final rule, label that corrects the original values. placard. AIAM states that NHTSA and so the issues are outside the scope In raising the threshold from that ‘‘presented no data to indicate the of rulemaking. However, we note that proposed in the NPRM, the agency existence of a safety concern resulting RV dealers and manufacturers are not stated in the final rule that setting the from the addition of optional equipment prevented by the final rule from threshold of weight at the lesser of 1.5 for light vehicles generally or at the 100

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kg [(220 lb)] level, and we are aware of pounds).’’ The petitioners also state that ‘‘provides no meaningful relief’’ from none.’’ information contained in AIAM’s dealers’ responsibility to re-label is RVDA highlights what it believes to comment to the NPRM did not support immaterial to whether the threshold be a discrepancy in the final rule’s NHTSA’s statement in the final rule that should be increased. The governing discussion in the preamble and the trailer hitches weighing 36.3 kg (80 lb) factor for the agency in setting the regulatory text of S10.5 of FMVSS No. are ‘‘the most commonly installed heavy threshold is whether failure to disclose 120. Although throughout the preamble item by dealers prior to first retail sale.’’ the added weight on the consumer label NHTSA consistently describes the NADA/SEMA state that the 100 lb withholds important safety information threshold for re-labeling as weight threshold ‘‘provides no meaningful from the vehicle operator. Whether the exceeding ‘‘the lesser of 1.5 percent of relief’’ and does not relieve dealers of final rule required dealers to re-label in the vehicle’s GVWR or 100 pounds’’ for the responsibility to re-label in the vast a vast majority of sales or only in a both FMVSS Nos. 110 and 120, RVDA majority of equipment sales. The small portion of sales is not the primary points out that the regulatory text of the petitioners state that dealers and consideration of this rulemaking. latter standard (S10.5.1 of FMVSS No. installers often accessorize vehicles The agency determined that the 120) refers to the threshold only as before first sale by ‘‘bundling groups of threshold for added weight of the lesser ‘‘weight exceeding 45.4 kg (100 accessories in appearance or towing of 1.5 percent of GVWR or 100 pounds pounds).’’ 8 72 FR at 68464. packages.’’ ‘‘[T]hese combinations relieves dealers of the responsibility for RVDA believes that the threshold frequently exceed 100 pounds, but fall re-labeling ‘‘without creating a practical should be uniform for both standards 9 below 220 pounds, demonstrating a safety problem.’’ 72 FR at 68452. and that it should be increased to ‘‘the clear rationale for a minimum 220 NHTSA made this determination after greater of 3 percent GVWR or 100 kg pound threshold.’’ The petitioners state considering data from the agency’s tire (220 pounds).’’ The petitioner states that that the 100 pound threshold is arbitrary research program showing that fully setting the threshold at 100 kg (220 lb) and that it is unaware of any inflated tires were not very sensitive to would be consistent with 49 CRF 595.7, overloading-related safety concerns ‘‘small overloads.’’ Id. Petitioners Requirements for Vehicle Modifications associated with properly installed provided no data or information to Accommodate People with accessories. NADA/SEMA believe that showing that the threshold could be Disabilities.10 the 100 kg (220 lb) threshold from 49 increased—more than doubled 11— NADA/SEMA also petitioned to CFR § 595.7 should be used. Petitioners without negatively impacting vehicle increase the threshold to ‘‘the greater of state: ‘‘Simply put, if a 220 pound trigger handling and tire performance. 3 percent GVWR or 100 kg (220 lb).’’ The threshold provides a level of safety for The agency cannot agree that the petitioners believe that the agency was persons with disabilities, it should serve weights suggested by the petitioners are mistaken in stating in the final rule that: well for the motoring public generally.’’ insignificant. NADA/SEMA discussed ‘‘Most commenters suggested that the the Subaru Outback, which has a GVWR threshold be the lesser of 3 percent Agency Response of 4,545 pounds with accessories. The GVWR or 100 kg (220 lb).’’ NADA/ NHTSA is denying the petitioners’ petitioners state that a dealer could SEMA state that it had urged NHTSA to request to amend the weight thresholds equip the Subaru with a front license adopt a threshold of ‘‘the greater of 3 of the final rule. Increasing the weight plate (one pound), receiver hitch (43 percent GVWR or 100 kg (220 lb), not thresholds as petitioners request is pounds), cargo organizer (4 pounds), all- the lesser.’’ (Emphasis in text.) inconsistent with safety and the weather mats (12 pounds), splash Petitioners state that it had sought ‘‘a purposes of the rulemaking. guards (one pound), roof rack (24 single minimum safe harbor: 220 lbs. The purpose of the applicability pounds), roof bike mount (13 pounds), Dealers and installers working on threshold of the load carrying capacity kayak carrier (11 pounds) and remote heavier vehicles would be free to modification label is to relieve dealers starter (3 pounds) for a total of calculate potentially higher safe harbors and service facilities from having to approximately 112 pounds. Under the (e.g., 3% of 10,000 pounds or 300 correct load carrying capacity December 2007 final rule, since the total information when insignificant amounts weight of these dealer-installed 8 The threshold of ‘‘the lesser of 1.5 percent of of weight are added to light vehicles and accessories would exceed the lesser of GVWR or 45.4 kg (100 pounds)’’ is reflected in the heavy RVs between final vehicle 1.5 percent of GVWR or 100 pounds,12 text of FMVSS No. 110 (S10.1 of FMVSS No. 110). certification and first retail sale. 72 FR 9 the dealer modifying the vehicle would We note that FMVSS No. 120’s (S10.5) reference at 68452. The threshold is also geared to only 45.4 kg (100 kg)—i.e., the absence of ‘‘1.5 have to re-label the vehicle with percent of the vehicle’s GVWR’’—was intentional. toward ensuring that the load carrying information that lists the total weight of FMVSS No. 120 applies to vehicles with a GVWR capacity information remains added equipment. The consumer would greater than 10,000 lb. 1.5 percent of a vehicle with reasonably accurate. That is, NHTSA use this information to understand how a GVWR of 10,000 lb is 150 lb. Because it would determined that a safety risk would not be unnecessary for the threshold clause to state: he or she should adjust the load- ‘‘the lesser of [150 lb or more] or 100 lb,’’ there was be unreasonably heightened if the carrying capacity of the vehicle. no need to include ‘‘1.5 percent of the vehicle’s weight information provided on the Under the petitioners’ view, the GVWR’’ in FMVSS No. 120. original label did not reflect threshold should be raised to 220 10 Part 595 provides limited exemptions from 49 insignificant amounts of weight added pounds to relieve the dealer of the U.S.C. 30122, the statutory provision prohibiting 13 manufacturers, distributors, dealers, or motor by the dealer after the vehicle left the burden of re-labeling the vehicle. In vehicle repair businesses from ‘‘knowingly mak[ing] factory. As to what constitutes our judgment, the dealer should be inoperative’’ any part of a device or element of ‘‘insignificant’’ weight, the final rule required to re-label the vehicle. It is design installed on or in a motor vehicle in sought to and provided dealers clear noteworthy that the dealer’s accessories compliance with an FMVSS. Subpart C enables the above-listed entities to modify vehicles to enable knowledge of what quantity of added persons with disabilities to operate or ride as a weight triggers a requirement to re-label. 11 3 percent is double the 1.5 percent of GVWR passenger in a motor vehicle. Section 595.7(e)(5) It was not the purpose of the specified in the final rule. states that the modification label required in amendment to substantially reduce re- 12 1.5 percent of the Outback’s GVWR is 68 Section 595.7(b) must ‘‘[i]ndicate any reduction in pounds. the load carrying capacity of the vehicle of more labeling of vehicles by dealers when 13 For the Outback, 220 pounds would be more than 100 kg (220 lb) after the modifications are adding weight. The petitioners’ than triple the 68 pound weight triggering the completed.’’ complaint that the amendment requirement to re-label under the final rule.

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highlighted by the petitioners (trailer number of vehicles similar to the consumer of the added weight of the hitch, roof rack, kayak carrier) are Outback to determine the effect of accessories and associated reduced designed to optimize the vehicle’s cargo added weight when the vehicle is load-carrying capacity of the vehicle. carrying capabilities. With these loaded to the limit of its occupant Further, given the 150-pound residual features, the consumer is encouraged to capacity. Taking the example of the cargo capacity for the Outback, if 220 use the vehicle to carry as much cargo Outback (4,545 pounds GVWR, vehicle pounds of accessories were added by as possible. We believe that it is capacity weight for passengers and the dealer and no re-labeling were important to inform a consumer taking cargo of 900 pounds), when the Outback required, a vehicle would be overloaded full advantage of these accessories that is loaded to its 5-occupant capacity by 70 pounds when loaded to the full the dealer’s accessories alone account (assuming each passenger weighs 150 occupant capacity (even without an for 112 pounds, a substantial amount pounds), the residual cargo capacity for additional cargo load). The load that will impact the vehicle’s overall an unmodified vehicle is 150 pounds. carrying capacity information provided cargo carrying capacity. The consumer When a dealer adds weight of 112 with the original vehicle would be should be made aware of this weight so pounds, the residual cargo capacity is incorrect and fail to inform the that he or she will be able to account for reduced to 38 pounds (150 pounds consumer of the overloading. it and adjust the amount of cargo or minus 112 pounds). Applying the Listed below is information on number of passengers eventually December 2007 final rule’s 1.5 percent representative model year 2005–2008 carried. of GVWR limit (or, in the case of the passenger vehicles. Note the cargo The weight threshold suggested by Outback, 68 pounds), the dealer would capacity remains after the vehicle seats NADA/SEMA appears to unreasonably have to re-label the vehicle. However, if the full number of persons in its seating increase the risk of overloading for a a 220-pound threshold were used, the capacity. It is assumed each person number of vehicles. NHTSA evaluated a dealer would not have to inform the weighs 150 pounds.

Vehicle Cargo capacity GVWR Seating capacity (with 5 occu- Vehicle (lb) capacity weight pants) (lb) (lb)

Toyota Yaris ...... 3300 5 845 95 Chevrolet Aveo ...... 3348 5 858 108 Toyota Corolla ...... 3585 5 850 100 Saturn Ion ...... 3664 5 899 149 Honda Civic ...... 3671 5 850 100 Ford Fusion ...... 4240 5 850 100 Hyundai Sonata ...... 4299 5 860 110 Ford FiveHundred ...... 4800 5 950 200

A 220 pound threshold would result interests of increasing the mobility of pounds. After modifications, these in the vehicles exceeding their GVWR the disabled with the safety protections vehicles are unlikely to be used to haul when full passenger capacity weight is afforded by FMVSSs that could not be heavy cargo or large numbers of added even without an additional cargo maintained by the modifications needed passengers because of their special use. load. With a 220 pound threshold, to accommodate a disabled person. The Thus, it is less likely that the vehicle’s without the consumer knowing it, a agency recognized that some load-carrying capacity will be vehicle could be overloaded simply by components that are the subjects of overloaded by a modifier’s addition of carrying the maximum number of specific FMVSSs (such as steering weight less than 100 kg (220 lb). occupants for which the vehicle is columns, air bags, and seats) might have Although there are differences designed, even if no cargo were carried. to be removed. Unlike the components between § 595.7 and FMVSS Nos. 110 Such an outcome is contrary to safety new passenger vehicle dealers and 120 that account for different and contrary to the purpose of this sometimes add on to new vehicles, the weight thresholds, we note that the end rulemaking. modifications envisioned by the § 595.7 result is similar: The modifications of regulation are usually substantial and the vehicle typically result in a re- 2. 49 CFR 595.7 involve a degree of reconstruction of the labeling of the vehicle. Modifications With regard to petitioners’ view that vehicle. Because the purpose and nature made to accommodate the needs of the 220 pound threshold should be of the modifications contemplated by handicapped drivers or passengers acceptable since it is used in 49 CFR § 595.7 and FMVSS No. 110 and 120 are usually exceed 100 kg (220 lb). The 595.7, we disagree. different, the weight thresholds are § 595.7 modifications needed to NHTSA established 49 CFR part 595, different. accommodate operators and passengers subpart C, to assist persons with The type of vehicle that is typically with disabilities include the addition of disabilities to operate or ride as modified and how it is used after platform lifts, door operators, floor, roof, passengers in motor vehicles. The modification are different. Vehicles and seat modifications, and hand regulation permits, to a carefully- modified (in accordance with § 595.7) to controls. Generally, these modifications regulated extent, the making inoperative accommodate operators or passengers are designed to accommodate a of devices or systems installed in with disabilities have historically been particular person’s needs. Some compliance with the Federal motor full-size vans and mini-vans with extensive modifications can add up to vehicle safety standards. In issuing this GVWRs of between 6,000 pounds and 700 pounds to the unloaded vehicle regulation, the agency weighed carefully 9,000 pounds and a vehicle capacity weight of the vehicle. Thus, modifiers and sought balance between the weight between 1,000 pounds and 2,500 have had to label the vehicle with the

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modification label required in § 595.7(b) S4.3.2, specifies for ‘‘altered vehicles’’ entire reason for the rulemaking that indicating the reduction in the load that a new vehicle placard be affixed to resulted in the December 4, 2007 final carrying capacity of the vehicle of more an altered vehicle, before first purchase rule. For these reasons, the changes to than 100 kg (220 lb). It is also noted that of the vehicle, containing accurate FMVSS No. 110 asked for by the Part 595 applies to used vehicles as well information. petitioners will not be made. as new vehicles. In 49 CFR 567.3, ‘‘alterer’’ is defined For the reasons discussed above, we as a person who alters by addition, e. Issues Outside the Scope of deny the requests to change the substitution or removal of components Rulemaking maximum threshold values to that of 49 (other than readily attachable CFR 595.7. components) a certified vehicle before The following issues raised by NADA/ the first purchase of the vehicle other SEMA and by Mr. Myhre are outside the 3. Use of a Single Weight Threshold than for resale. Additionally, an ‘‘altered scope of rulemaking of the December 4, Only, Not Percentage of GVWR vehicle’’ is a completed previously- 2007 final rule. To reduce the threshold weight certified vehicle that has been altered 1. Dealers Changing Tire Placard calculation errors that could result from other than by the addition, substitution, the requirement that the threshold value or removal of readily attachable NADA/SEMA ask NHTSA to ‘‘restore for added weight be assigned as a components or by minor finishing the version of 49 CFR § 571.110 S4.3(d) percentage of the GVWR (such as that operations, ‘‘in such a manner as may published in 2002.’’ This issue relates to specified in the December 2007 final affect the conformity of the vehicle with previous rulemakings, starting with a rule of 1.5 percent), RVDA and AIAM one or more [FMVSSs] or the validity of November 2002 final rule that amended recommended that NHTSA require a the stated weight ratings or vehicle type FMVSS No. 110 to specify that the tire single value for the threshold weight be ’’ classification. Id. size listed on the vehicle placard match used for all light vehicles. In their petition for reconsideration, We decline to make this change. NADA/SEMA petitioned NHTSA to the tire size installed as original NHTSA does not agree that a single amend S10 of FMVSS No. 110 to make equipment by the vehicle manufacturer. value of threshold weight would be it applicable only to vehicle ‘‘alterers’’. The November 2002 FMVSS No. 110 appropriate for all FMVSS No. 110 Petitioners ask that S10.1 be revised to final rule, at S4.3(d), did not address the vehicles. While a larger vehicle could state only that the placard required by possibility that tires could be changed accommodate additional weight up to S4.3.2 or S4.3.5 would have to be between vehicle certification and first the fixed value threshold without corrected. The petitioners believed that sale to the retail customer. A June 2004 adjusting its vehicle capacity weight, for only vehicle alterers should be required FMVSS No. 110 final rule requirement lighter vehicles, adding the same fixed to correct vehicle capacity weight addressed the possibility of tire change threshold weight value without information. Under petitioners’ view, by not permitting the tire size to be adjusting the vehicle capacity weight vehicle dealers who would not be changed between manufacturer label, could result in significant considered alterers could add weight in certification and first sale without overload. The vehicles 14 we evaluated excess of the weight threshold (the changing the vehicle placard. In the did not have the capacity to lesser of 1.5 percent of GVWR or 100 2004 FMVSS No. 110 final rule, we accommodate additional weight over pounds) and not be required to correct explained that dealers are not permitted the 100 pound threshold without being the labeled vehicle capacity weight to sell non-complying vehicles or take overloaded at vehicle capacity weight. numbers. actions which would take a vehicle out NHTSA believes dealers will be able of compliance with any applicable to calculate the weight limits correctly. Agency Response FMVSSs. Therefore, if a dealer As a practical matter, vehicles with a We deny this request. The new substitutes tires in such a way that the GVWR of 6,600 pounds or less are requirements in FMVSS No. 110 at S10 placard is no longer accurate, the dealer guided by the 1.5 percent of GVWR and in FMVSS No. 120 at S10.5 are limit15 and vehicles with a GVWR above intended to apply to all regulated must affix a new vehicle placard. 6,600 pounds are limited to 100 pounds entities, including dealers and alterers, In the December 4, 2007 final rule on of additional weight. Calculating the who add weight to applicable vehicles cargo carrying capacity, we noted that weight limit of a vehicle (GVWR times in excess of the specified thresholds some commenters to the NPRM had re- 0.015) is straightforward and (lesser of 100 pounds or 1.5 percent of raised old issues related to the previous uncomplicated. GVWR) prior to first retail sale. Alterers tire placarding rulemakings. (See 72 FR d. Applying FMVSS No. 110 Re-Labeling make changes to vehicles that affect the at 68457.) Those comments were raising Requirements Only to Alterers vehicle to a greater extent than by issues outside the scope of the adding, deleting, or changing readily rulemaking. In its petition for As discussed above, S10 of FMVSS attachable components, and must be reconsideration, NADA/SEMA again No. 110, addressing weight added to a held responsible for correcting vehicle commented on these issues. Since the vehicle between final vehicle labels as appropriate. At the same time, issue is outside of the scope of the certification and first retail sale, other regulated entities and dealers, rulemaking at issue, we will not address specifies that if weight exceeding a who increase weight by adding ‘‘readily the matter here. threshold amount is added to a vehicle attachable components,’’ must be prior to first retail sale, a vehicle placard responsible for correcting vehicle 2. Load Distribution (required generally for all vehicle by capacity weight information if the Mr. Myhre stated that for proper S4.3) and cargo carrying capacity labels added weight is above the stated must be corrected. FMVSS No. 110, at threshold. braking and steering control of any The petitioners gave no safety vehicle, consumers should be provided 14 The Toyota Yaris, Chevrolet Aveo, Toyota rationale for their request to limit re- information about the distribution of the Corolla, Saturn Ion, Honda Civic, Ford Fusion, labeling requirements to alterers. To unloaded weight. He suggests requiring Hyndai Sonata, and Ford Five Hundred. that the vehicle capacity weight at each 15 1.5 percent of 6,600 is calculated by amend FMVSS No. 110 in the way the multiplying 6,600 by 0.015, which results in 99. petitioners request would undercut the corner of the motorhome be provided.

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Agency Response The agency will continue to review III. Conclusion consumer complaints and crash This issue is outside the scope of the For the reasons discussed above, 16 statistics to determine the extent of the rulemaking, as noted in the final rule. NHTSA has denied the petitions for In the final rule, NHTSA stated that the RV load distribution problem, both motor homes and trailers. If appropriate, reconsideration. Today’s document rulemaking is intended to inform makes no changes to the regulatory text consumers of the load carrying capacity the agency will initiate projects to of the December 4, 2007 final rule. of the RV they are about to purchase and provide consumers with additional to remind them of the RV’s load vehicle load distribution information. Issued on April 23, 2010. carrying capacity after purchase and As NHTSA stated in the final rule, Stephen R. Kratzke, however, manufacturers are urged to during use. The agency recognized that Associate Administrator for Rulemaking. provide consumers with as much the rule did not address requirements [FR Doc. 2010–9981 Filed 4–28–10; 8:45 am] for providing information on how a guidance as possible in the vehicle’s BILLING CODE 4910–59–P particular vehicle’s loads should be owner’s manual relative to the proper distributed. distribution of cargo loads.17

16 See 72 FR at 68457. 17 Id.

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