22532 Federal Register / Vol
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22532 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Rules and Regulations (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). VerDate Mar<15>2010 16:14 Apr 28, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\29APR1.SGM 29APR1 mstockstill on DSKH9S0YB1PROD with RULES Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Rules and Regulations 22533 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.