Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51707 

amended; 47 U.S.C. 151–155, 301–609, 

unless otherwise noted. 

2. Section 97.501 is amended by 

revising paragraphs (a) and (b) to read 

as follows: 

§ 97.501 Qualifying for an amateur 

operator license. 

* * * * * 

(a) Amateur Extra Class operator: 

Elements 2, 3, and 4; 

(b) General Class operator: Elements 2 

and 3; 

* * * * * 

§ 97.503 [Amended] 

3. Section 97.503 is amended by 

removing paragraph (a), redesignating 

paragraph (b) as an undesignated 

introductory paragraph, and 

redesignating paragraphs (b)(1) through 

(3) as paragraphs (a) through (c), 

respectively. 

4. Section 97.505 is amended by 

removing paragraphs (a)(5) and (a)(7) 

through (9), redesignating paragraph 

(a)(6) as (a)(5), and revising paragraphs 

(a)(1) through (4) to read as follows: 

§ 97.505 Element credit. 

(a) * * * 

(1) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted Advanced Class operator 

license grant: Elements 2 and 3. 

(2) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted General Class operator 

license grant: Elements 2 and 3. 

(3) An unexpired (or expired but 

within the grace period for renewal) 

FCC-granted Technician or Technician 

Plus Class operator (including a 

Technician Class operator license 

granted before February 14, 1991) 

license grant: Element 2. 

(4) An expired FCC-issued Technician 

Class operator license document granted 

before March 21, 1987: Element 3. 

* * * * * 

5. Section 97.507 is amended by 

removing paragraph (d) and revising 

paragraphs (a) introductory text, (a)(2) 

and (c) to read as follows: 

§ 97.507 Preparing an examination. 

(a) Each written question set 

administered to an examinee must be 

prepared by a VE holding an Amateur 

Extra Class operator license. A written 

question set may also be prepared for 

the following elements by a VE holding 

an operator license of the class 

indicated: 

* * * * * 

(2) Element 2: Advanced, General, or 

Technician Plus Class operators. 

* * * * * 

(c) Each written question set 

administered to an examinee for an 

amateur operator license must be 

prepared, or obtained from a supplier, 

by the administering VEs according to 

instructions from the coordinating VEC. 

6. Section 97.509 is amended by 

revising paragraph (f), removing 

paragraph (g), redesignating paragraphs 

(h) through (m) as paragraphs (g) 

through (l) respectively, to read as 

follows: 

§ 97.509 Administering VE requirements. 

* * * * * 

(f) No examination that has been 

compromised shall be administered to 

any examinee. The same question set 

may not be re-administered to the same 

examinee. 

* * * * * 

[FR Doc. 05–17226 Filed 8–30–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[DOT Docket No. NHTSA–2005–22242] 

RIN 2127–AJ57 

Federal Motor Vehicle Safety 

Standards; Cargo Carrying Capacity 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: In this notice of proposed 

rulemaking (NPRM), we (NHTSA) seek 

to address the problem of motor home 

and travel trailer overloading by 

proposing to amend the Federal motor 

vehicle safety standard (FMVSS) on tire 

selection and rims for motor vehicles 

other than passenger cars. We are also 

proposing a related amendment to our 

safety standard for tire selection and 

rims for light vehicles. 

We propose to require manufacturers 

of motor homes and travel trailers over 

4,536 kilograms (10,000 pounds) GVWR 

to provide information to consumers in 

a label that is intended to inform the 

consumer about the vehicle’s cargo 

carrying capacity (CCC). This 

information would be helpful both at 

the time the consumer is making a 

purchase decision and also as the 

consumer uses his or her vehicle. We 

also propose to require that the size of 

tires on the same motor homes and 

travel trailers be the same as the size of 

the tires listed on the tire information 

label required by the standard on tire 

selection and rims for motor vehicles 

other than passenger cars. 

We are limiting our CCC label to 

motor homes and travel trailers with a 

GVWR greater than 4,536 kilograms 

(10,000 pounds) as these are the 

vehicles that have large open interior 

areas that consumers fill with cargo. 

Recreational vehicles (RV) with GVWRs 

equal to or less than 4,536 kilograms 

(10,000 pounds) will be required to have 

less detailed CCC information as a result 

of an amendment to the FMVSS on tire 

selection and rims, which becomes 

effective September 1, 2005. It should be 

noted that on June 1, 2007, the FMVSS 

on tire selection and rims for motor 

vehicles other than passenger cars will 

apply to vehicles with a GVWR greater 

than 4,536 kilograms (10,000 pounds) 

and the FMVSS on tire selection and 

rims will apply to vehicles with a 

GVWR equal to or less than 4,536 

kilograms (10,000 pounds). 

It is our belief that this proposed rule 

complements the efforts of the 

recreational vehicle industry to provide 

consumers with information in order to 

help reduce overloading motor homes 

and travel trailers. This rulemaking 

responds to a petition from Ms. Justine 

May. 

In addition, this proposed rule would 

provide regulatory relief for dealers 

from a labeling requirement in the safety 

standard on tire selection and rims for 

light vehicles. The standard’s 

requirement may currently require 

dealers which add even small amounts 

of weight to re-label the vehicles. Under 

the proposed amendment, dealers that 

add weight in excess of 0.5 percent of 

the vehicles’ gross vehicle weight 

ratings would be required to disclose 

this extra weight on labels affixed to the 

vehicles. Dealers could add lesser 

amounts of weight without needing to 

change or add labels. 

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them not 

later than October 31, 2005. 

ADDRESSES: You may submit your 

comments in writing to: Docket 

Management, Room PL–401, 400 

Seventh Street, SW., Washington, DC, 

20590. Alternatively, you may submit 

your comments electronically by logging 

onto the Docket Management System 

Web site at http://dms.dot.gov. Click on 

‘‘Help & Information’’ or ‘‘Help/Info’’ to 

view instructions for filing your 

comments electronically. Regardless of 

how you submit your comments, you 

should mention the docket number of 

this document. 

51708 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

7The RVSEF tends to weigh heavier vehicles. 

You may call the Docket at 202–366–

9324. You may visit the Docket from 10 

a.m. to 5 p.m., Monday through Friday, 

except for Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may call Mr. 

William D. Evans, Office of Crash 

Avoidance Standards at (202) 366–2272. 

His FAX number is (202) 366–7002. 

For legal issues, you may call Ms. 

Dorothy Nakama, Office of the Chief 

Counsel at (202) 366–2992. Her FAX 

number is (202) 366–3820. 

You may send mail to both of these 

officials at National Highway Traffic 

Safety Administration, 400 Seventh St., 

SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. How Did This Rulemaking Begin?—May 

Petition 

II. What is the Safety Need for the Proposed 

Rule?—Helping to Prevent Motor Home 

and Travel Trailer Overloading 

A. Background 

B. Motor Homes 

C. Travel Trailers 

D. How Motor Homes and Travel Trailers 

Can Become Overloaded 

III. Previous NHTSA Rulemaking on Cargo 

Load Information 

IV. Cargo Carrying Capacity-Related 

Consumer Information and Labels 

Currently Required by NHTSA 

A. 49 CFR Part 567, Certification 

B. 49 CFR 571.120 (FMVSS No.120) Tire 

selection and rims for motor vehicles 

other than passenger cars 

C. 49 CFR 571.110 (FMVSS No. 110) Tire 

selection and rims 

D. 49 CFR 575.6 Consumer Information 

Requirements 

E. 49 CFR 575.103, Truck-camper loading 

V. Cargo Carrying Capacity Consumer 

Information and Labels Currently 

Required by Others 

VI. Notice of Proposed Rulemaking 

A. Definitions 

B. GVWR, GAWR and Tire Load 

Information for Motor Homes and Travel 

Trailers 

C. Determining Occupant Capacity Weight 

D. Location of Labels 

E. Proposed Label Format and Content 

F. 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. FMVSS No. 110 

2. FMVSS No. 120 

VII. Leadtime 

VIII. 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) 

Proposed Regulatory Text 

I. How Did This Rulemaking Begin?—

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. The petition 

suggested that the language added to 

FMVSS No. 120 be sufficient to allow 

for enforcement and for appropriate 

penalties when non-compliance exists. 

Ms. May’s stated reason for her petition 

is 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. 

We granted Ms. May’s petition for 

rulemaking. 

II. What Is the Safety Need for the 

Proposed Rule?—Helping To Prevent 

Motor Home and Travel Trailer 

Overloading 

A. Background—Over the years, the 

agency has received inquiries and 

complaints from the public about 

problems resulting from motor home 

and travel trailer overloading. Many 

overloading problems surface in the 

form of complaints about poor handling, 

reduced braking capabilities, tire failure 

and the premature failure of suspension 

components. NHTSA believes that this 

proposal will address the problem of 

overloading, by helping consumers have 

a better idea of when the cargo carrying 

capacities of their motor homes and 

travel trailers are being met, and 

exceeded. 

This proposed rule addresses motor 

homes and travel trailers. Based on 

NHTSA staff’s discussions with motor 

home/travel trailer owners, 

representatives of the recreational 

vehicle industry and other recreational 

vehicle groups, the agency has 

tentatively concluded that many motor 

home and travel trailer owners are 

unaware of their vehicle’s cargo carrying 

capacity until a problem becomes 

apparent. State laws do not require 

motor homes and travel trailers to use 

roadside weighing stations as they do 

for heavy commercial vehicles. NHTSA 

believes that consumer information in 

the form of a required label will 

reinforce existing efforts by the industry 

to inform consumers of a motor home or 

travel trailer’s cargo carrying capacity. 

The Recreation Vehicle Industry 

Association (RVIA) (http:// 

www.rvia.org) reports that the sales of 

recreational vehicles (motor homes, 

travel trailers, fifth wheel trailers, truck 

campers, and folding camping trailers) 

totaled approximately 325,000 units in 

2003, an increase of approximately 2.5 

percent over the previous year. The 

RVIA cited a 2001 University of 

Michigan study that shows there are a 

record 7.2 million recreational vehicles 

on the roads in the United States and an 

estimated 30 million recreational 

vehicle enthusiasts, including renters. 

Long-term signs indicate substantial 

recreational vehicle market growth 

because of favorable demographic 

trends. As baby boomers enter their 

prime recreational vehicle buying years 

over the next decade, the RVIA 

estimates that the number of 

recreational vehicle-owning households 

will rise by 15 percent to nearly 8 

million in 2010. 

Data published in November 2003 by 

the Recreation Vehicle Safety Education 

Foundation (RVSEF)(http:// 

www.rvsafety.org) provides an 

indication of the size of the overloading 

problem. Although not a random sample 

for all recreational vehicles,1 the 

following data are somewhat 

representative of motor home and travel 

trailer-type recreational vehicles. The 

following numbers were extracted from 

the RVSEF 2003 Annual Report to the 

Industry: 

• 60 percent of 14,606 motor homes 

weighed since 1993 were overloaded. 

• 56 percent of 2,533 fifth wheel 

travel trailers weighed since 1993 were 

overloaded. 

• 51 percent of 827 non-fifth wheel 

travel trailers weighed since 1993 were 

overloaded. 

• 54 percent of 2,460 motor homes 

weighed in 2003 were overloaded. 

• 47 percent of 334 fifth wheel travel 

trailers weighed in 2003 were 

overloaded. 

• 47 percent of 108 non-fifth wheel 

travel trailers weighed in 2003 were 

overloaded. 

The data presented above appear to 

show that the problem of overloading 

has persisted over a ten-year period. As 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51709 

2On June 1, 2007, FMVSS No. 120 will apply 

only to vehicles with GVWRs greater than 4,536 

kilograms (10,000 pounds). 

earlier indicated, overloaded 

recreational vehicles can cause tire 

failures and blowouts, which can lead to 

loss of control, extensive vehicle 

damage, injuries, and fatalities. 

To help address this problem, in this 

NPRM, NHTSA proposes a consumerinformation safety label that would 

adopt the recommended practices of an 

industry-sponsored organization, the 

Recreation Vehicle Industry Association 

(RVIA). 

Since this rulemaking addresses 

motor homes and travel trailers, the 

following describes characteristics of 

these vehicles, and explains how they 

may become overloaded. 

B. Motor Homes—Motor homes are 

usually manufactured in two or more 

stages, with the final stage manufacturer 

using a pass-through certification of the 

chassis manufacturer by staying within 

the guidelines of the incomplete vehicle 

document specified by the chassis 

manufacturer. In some cases, a final 

stage manufacturer may complete a 

vehicle so that its unloaded vehicle 

weight (UVW) plus occupant capacity 

weight (OCW) is just under the GVWR 

certified by the chassis manufacturer. 

The GVWR is the value specified by the 

manufacturer as the maximum loaded 

weight of the vehicle. 

NHTSA’s present certification label 

requirement (49 CFR 567.4) specifies 

that the GVWR include the ‘‘rated cargo 

load,’’ but it does not provide criteria for 

determining the rated cargo load or 

specify a minimum required cargo load. 

The rated cargo load may be very low 

or even zero. Motor homes have large, 

open interior spaces that owners may 

erroneously believe can safely be used 

for large amounts of cargo. If the rated 

cargo load is low, when a consumer 

loads even a small amount of cargo such 

as clothing, food, water and small 

appliances, the vehicle may become 

overloaded. We believe that better 

consumer information can help avoid 

this situation. 

C. Travel Trailers—Travel trailers are 

built on trailer chassis that can have one 

axle or multiple axles. The GVWR of the 

trailer chassis, the size of body that is 

built onto it and the number of options 

put into the trailer determine how much 

rated cargo load remains. Without 

information from the manufacturer, the 

consumer cannot determine a particular 

model’s rated cargo load. Like motor 

homes, travel trailers also have large, 

open interior spaces that consumers 

may believe can safely be used to carry 

large amounts of cargo. The lack of 

consumer information indicating the 

travel trailer’s rated cargo load can lead 

to overloading situations. 

D. How Motor Homes and Travel 

Trailers Can Become Overloaded—

There are several ways in which 

vehicles such as motor homes and travel 

trailers can become overloaded. A 

vehicle becomes overloaded when any 

of its tire load ratings, GAWRs or 

GVWRs are exceeded. Overloading 

places stress on the vehicle’s chassis, 

suspension components, axles, tires, 

brakes, and other vehicle systems. 

In certain cases, non-uniform side-toside and/or non-uniform forward/aft 

overloading occurs. In some cases, 

overloading may occur when a final 

stage manufacturer installs furniture, 

appliances, room extensions, and other 

fixtures or accessories in a nonsymmetrical fashion and/or when 

consumers place cargo in a non-uniform 

fashion. Although the GVWR may not 

be exceeded, individual tires or axles 

may become overloaded as a result of 

non-uniform loading. 

At present, NHTSA does not regulate 

the load applied to individual tires on 

any vehicle. FMVSS No. 120, which at 

present applies to all vehicles except 

passenger cars,2 states that the sum of 

the maximum load ratings of the tires 

fitted to an axle shall not be less than 

the GAWR. If the load is non-uniform, 

an individual tire can be overloaded 

without exceeding the GAWR, and 

FMVSS No. 120 requirements would 

still be met. Overloaded, unbalanced 

vehicles, especially large vehicles such 

as motor homes and travel trailers, are 

difficult to maneuver and may require 

longer stopping distances. When a 

vehicle is unbalanced and overloaded, 

the chances of a crash caused by poor 

handling or component failure increase. 

Components subject to failure include 

springs, shock absorbers, brakes, frame 

components, steering components, 

axles, rims and tires. 

The consumer information label we 

are proposing would also advise 

recreational vehicle owners to distribute 

cargo appropriately in order to prevent 

non-uniform loading. 

III. Previous NHTSA Rulemaking on 

Cargo Load Information 

On April 16, 1991, NHTSA published 

an NPRM (56 FR 15315) to require the 

disclosure of information about a 

vehicle’s rated cargo load. The NPRM 

responded to a petition filed by Mr. 

Stephen Durkovich on May 22, 1990. 

NHTSA proposed amending the labeling 

requirements in FMVSS No. 120, 

concerning tire selection and rims for 

vehicles other than passenger cars, to 

require information about the vehicle 

capacity weight and designated seating 

capacity. The agency further proposed 

to modify the definition of vehicle 

capacity weight to clarify that the rated 

cargo load includes luggage. 

All the public comments in response 

to the NPRM opposed the proposal to 

require labeling of vehicle capacity 

weight and designated seating capacity. 

Additionally, commenters stated that 

there was a lack of statistical data and 

demonstrated safety need, and that 

providing information about vehicle 

capacity weight and designated seating 

capacity would not be useful to 

consumers. 

In the Federal Register of March 4, 

1992 (57 FR 7712), NHTSA terminated 

the rulemaking. 

IV. Cargo Carrying Capacity-Related 

Consumer Information and Labels 

Currently Required by NHTSA 

The following FMVSSs and other 

NHTSA regulations currently require 

vehicle manufacturers to provide 

information to the public on labels or 

tags affixed to vehicles. 

A. 49 CFR Part 567, Certification—

Part 567 requires motor vehicle 

manufacturers to affix to each vehicle, a 

certification label containing the 

following information: the 

manufacturer’s name; the month and 

year of manufacture; the Gross Vehicle 

Weight Rating (GVWR) (which cannot 

be less than the sum of the unloaded 

vehicle weight, rated cargo load, and 68 

kg (150 lb) times the number of 

designated seating positions in the 

vehicle); the Gross Axle Weight Rating 

(GAWR) for each axle (the value 

specified by the vehicle manufacturer as 

the load carrying capacity of a single 

axle system, as measured at the tire/ 

ground interface); a statement that the 

vehicle conforms to applicable Federal 

motor vehicle safety standards; the 

vehicle identification number; and the 

vehicle type classification. 

B. 49 CFR 571.120 (FMVSS No. 120), 

Tire selection and rims for motor 

vehicles other than passenger cars—

FMVSS No. 120 requires manufacturers 

of applicable vehicles to include certain 

information on either the Part 567 

vehicle certification label or on a 

separate tire information label on the 

vehicle. The required information 

includes the GVWR, GAWR, the 

appropriate tire and rim combination 

and the recommended cold inflation 

pressure. 

The information is intended to 

provide the consumer with a 

recommended tire size, rim size and 

cold inflation tire pressure appropriate 

for the vehicle certified GAWRs. FMVSS 

51710 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

No. 120 also requires that the sum of the 

maximum load ratings of the tires fitted 

to an axle shall not be less than the 

GAWR of the axle system. However, it 

presently does not require that when 

delivered to the customer, the size of the 

tires on the vehicle be the same as the 

tire size on the tire information label. 

On June 1, 2007, an amendment to 

FMVSS No. 120 will take effect, which 

will change its applicability from ‘‘tire 

selection and rims for motor vehicles 

other than passenger cars’’ to ‘‘tire 

selection and rims for motor vehicles 

with a GVWR of more than 4,536 

kilograms (10,000 pounds).’’ It is 

anticipated that, if made final, this 

proposed rule will take effect on or after 

June 1, 2007, and therefore, the labeling 

in this proposed rule will apply to 

motor homes and travel trailers with 

GVWRs greater than 4,536 kilograms 

(10,000 pounds). 

C. 49 CFR 571.110 (FMVSS No. 110), 

Tire selection and rims, requires 

passenger cars to have a label affixed to 

the glove compartment door or an 

equally accessible location that contains 

the following information: vehicle 

capacity weight; designated seating 

capacity; vehicle manufacturer’s 

recommended cold tire inflation 

pressure; and vehicle manufacturer’s 

recommended tire size designation. 

FMVSS No. 110 also requires that the 

maximum load on each tire at vehicle 

GVWR shall not be greater than the 

applicable maximum load rating as 

marked on the sidewall of the tire. 

On September 1, 2005, an amendment 

will take effect that will require a 

placard to be affixed to the vehicle’s 

driver side B-pillar (on the edge of the 

driver’s door if no B-pillar exists) that 

adds the following information: the 

vehicle capacity weight expressed as 

‘‘The combined weight of occupants and 

cargo should never exceed XXX 

kilograms or XXX pounds.’’ S4.3.5 

Requirements for trailers, states that 

each trailer must on its placard contain 

a cargo capacity statement expressed as 

‘‘The weight of cargo should never 

exceed XXX kilograms or XXX pounds’’

in the same location on the placard 

specified for the ‘‘vehicle capacity 

weight’’ statement required by this 

standard. 

On June 1, 2007, FMVSS No. 110 will 

apply to all motor vehicles with a 

GVWR of 4,536 kilograms (10,000 

pounds) or less, except motorcycles. 

D. 49 CFR 575.6 Consumer 

Information Requirements—49 CFR 

575.6 requires manufacturers to provide 

consumers with written information on 

tire labeling, tire care, vehicle load 

limits and explanations of the 

information provided. Manufacturers 

must also provide a discussion and 

sample calculation for determining the 

cargo and luggage load capacity. 

E. 49 CFR 575.103, Truck-camper 

loading requires manufacturers of slidein campers to affix to each camper, a 

label that contains information relating 

to the identification and proper loading 

of the camper, and to provide more 

detailed loading information in the 

owner’s manual. The label must state 

the maximum weight of the slide-in 

camper, which must include the weight 

of water, bottled gas, and the refrigerator 

or ice box. In addition, it requires truck 

manufacturers that would accommodate 

slide-in campers to specify the cargo 

weight ratings and the longitudinal 

limits within the center of gravity for 

where the cargo weight should be 

located. 

V. Cargo Carrying Capacity Consumer 

Information and Labels Currently 

Required or Recommended by Others 

A. Transport Canada—Transport 

Canada amended its motor vehicle 

safety regulations on April 1, 1999 by 

requiring manufacturers to provide 

additional information on their 

certification labels or on a separate 

label. The amendment addresses the 

inadvertent overloading of altered 

vehicles, recreational vehicles, and 

those vehicles built in stages (including 

multipurpose passenger vehicles, buses, 

and trailers) by different manufacturers. 

The amendment requires: 

• Alterers and intermediate/final 

stage manufacturers to respect the gross 

axle weight ratings and gross vehicle 

weight ratings determined by the 

original manufacturer. 

• Manufacturers of multipurpose 

passenger vehicles or buses 

manufactured from cutaway chassis, 

motor homes and recreational trailers, to 

state the cargo-carrying capacity and 

designated seating capacity as required 

on the compliance label or on a separate 

label placed beside the compliance 

label. 

• Information on motor homes and 

recreational trailers, which specifies the 

mass of the fresh water, hot water and 

waste tank, when full, and which states 

that the cargo-carrying capacity of the 

vehicle was determined when freshwater and hot water tanks were full and 

the waste water tanks empty. 

• The number of seat belts installed 

to be no less than the number of 

sleeping positions. 

B. Recreation Vehicle Industry 

Association (RVIA)—RVIA has 

established provisions for labels that 

provide motor home and recreational 

trailer weight information. To qualify as 

members in good standing, 

manufacturers must post the label 

information on their vehicles. 

According to the RVIA, over 95 percent 

of recreational vehicle manufacturers 

are RVIA members and comply with 

their labeling requirements. RVIA visits 

their members several times per year to 

verify that the RVIA labels are placed on 

recreational vehicles. The following 

information is required on the RVIA 

label for motor homes and recreational 

vehicle trailers: 

• Vehicle Identification Number 

(VIN) or serial number. 

• Definitions of Gross Vehicle Weight 

Rating (GVWR), Unloaded Vehicle 

Weight (UVW), Sleeping Capacity 

Weight Rating (SCWR) [for motor homes 

only] and Cargo Carrying Capacity 

(CCC). 

• The weights in pounds (and 

kilograms) for GVWR, UVW, fresh 

water, propane, SCWR [for motor homes 

only] and CCC. 

• An advisory that dealer installed 

equipment will reduce the CCC. [Motor 

homes must include ‘‘and towed vehicle 

tongue weight’’ after ‘‘equipment.’’] 

• An advisory to consult the owner’s 

manual for specific weighing 

instructions and towing guidelines. 

VI. Notice of Proposed Rulemaking 

A. Definitions—This proposed rule 

would apply to motor homes and travel 

trailers. A definition of ‘‘motor home’’ is 

already included in 49 CFR 571.3. In 

this NPRM, we propose to revise the 

definition of ‘‘motor home’’ (to refer to 

‘‘propane’’ rather than ‘‘LP gas supply’’) 

and to propose to define ‘‘travel trailer’’

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. 

If it should be made final, the 

definition of ‘‘travel trailer’’ will be 

placed in 49 CFR 571.3. 

B. GVWR, GAWR and Tire Load 

Information for Motor Homes and 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51711 

Travel Trailers—In this NPRM, we 

propose 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, must not be less than the GVWR 

of each respective vehicle. We note that 

the proposed requirement would not 

prevent individual tires on motor homes 

and travel trailers from being 

overloaded. 

NHTSA is concerned about the issue 

of individual tire overloading, as some 

of the complaints we receive concern 

tire safety issues such as premature tire 

failure and blowouts. In FMVSS No. 

110, the vehicle maximum load on an 

individual tire is determined by 

distributing to each axle its share of the 

maximum loaded vehicle weight and 

dividing by two. This vehicle maximum 

load on the tire shall not be greater than 

the maximum load rating marked on the 

sidewall of the tire. In FMVSS No. 120, 

the sum of the maximum load ratings of 

the tires fitted to an axle shall not be 

less than the GAWR. (Neither standard 

requires that the actual load on an 

individual tire not exceed the installed 

tire load rating.) While we are not 

proposing to address individual tire 

loading in this NPRM, we are seeking 

data on the magnitude of the safety 

problem. In some cases, new vehicles 

can have an overloaded axle or tire 

caused by unbalanced loading, without 

passengers or cargo. In some cases, 

individual axles or tires may not be 

overloaded; in this situation, however, 

when passengers and cargo are loaded, 

a tire or axle may become overloaded. 

NHTSA plans to monitor complaint 

and crash data resulting from reported 

overloading of individual tires and axles 

on motor homes and travel trailers. The 

agency requests input from 

manufacturers and other commenters 

regarding the issue of regulating tire and 

axle loads on motor homes and travel 

trailers. 

In this proposed rulemaking, NHTSA 

proposes 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. 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 generally 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. 

The proposed rule would also require 

manufacturers to disclose CCC of motor 

homes and travel trailers. It is 

anticipated that consumers will 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. This proposed rule would 

not specify a minimum required CCC for 

any motor home or travel trailer. 

C. Determining Occupant Capacity 

Weight—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. 

The RVIA uses sleeping capacity 

weight rating (SCWR) on its label to 

account for OCW. SCWR is the number 

of sleeping positions times 68 kilograms 

(150 pounds). The premise is that the 

motor home will usually not be carrying 

more passengers than there are places 

for the passengers to sleep. However, 

the number of safety belt equipped 

positions, which are seating positions 

equipped with type 1 or type 2 safety 

belts, can be greater than the number of 

sleeping positions used in the CCC 

calculation. If these seating positions are 

all occupied, there may be an overload 

condition, as there then may be 

occupants in the vehicle not included in 

the CCC calculation. 

Another method of determining OCW 

would be to simply use the total number 

of safety belt-equipped seating 

positions. However, simply requiring 

that the total number of safety beltequipped seating positions be used 

when calculating CCC may encourage 

manufacturers to reduce the number of 

safety belt-equipped seating positions. 

Fewer safety belt-equipped seating 

positions means that a motor home or 

travel trailer may have greater CCC. 

In this NPRM, NHTSA proposes 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. 

D. Location of Labels—The RVIA 

requires that labels be affixed to the 

vehicle in a conspicuous location. 

Motor home labels are sometimes found 

in the driver’s compartment and trailer 

labels are sometimes found on the 

inside of kitchen cabinet doors. 

Nonuniform label locations may cause 

consumers to miss the label when 

shopping for a vehicle. Also, the label 

should be in a location where 

consumers can repeatedly see it, so the 

label serves as a reminder of CCC and 

overloading issues. In order to promote 

a consistent label location, which may 

increase the number of times consumers 

see the label and thus, increase label 

effectiveness, in this NPRM, we propose 

that the label be affixed to the interior 

of the forwardmost exterior passenger 

door on the right side of the vehicle. 

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. 

E. Proposed Label Format and 

Content—NHTSA seeks to provide 

purchasers of motor homes and travel 

trailers with information of the vehicles’

CCC. NHTSA believes 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’s proposed 

label is similar to the RVIA label that is 

currently used by many companies on a 

voluntary basis. 

NHTSA also believes 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. 

The proposed 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. 

The proposed 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 will be required 

for vehicles with GVWRs of 4,536 

kilograms (10,000 pounds) or less under 

the required FMVSS No. 110 vehicle 

placard, which becomes effective on 

September 1, 2005. The proposed motor 

home label would use the greater of the 

total number of safety belt-equipped 

51712 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

seating positions or sleeping positions 

times 68 kilograms (150 pounds) to 

determine OCW. 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. Both labels will advise the 

purchaser that the weight of any dealerinstalled equipment must be subtracted 

from the manufacturer’s value of CCC 

and will advise consumers to load cargo 

appropriately to prevent non-uniform 

side-to-side and forward-aft loading. In 

the case of motor homes, the label will 

contain the weight of the maximum 

hitch load and the purchaser will be 

advised that the tongue weight of 

trailers or vehicles being towed also 

subtracts from the manufacturer’s value 

of CCC. If the motor home is not 

delivered with a hitch, this block will be 

left blank. 

While the proposed label will not 

refer to the owner’s manual, the 

standard would not prohibit 

manufacturers from adding references 

on the label that refer to specific 

information that is included in the 

owner’s manual. NHTSA believes that 

the labels will be helpful to consumers 

in making purchasing decisions and can 

also be used by recreational vehicle 

owners to calculate the amount of cargo 

that can be carried in situations where 

there may be a reduced number of 

passengers and/or reduced quantities of 

water or propane. 

F. 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. FMVSS No. 110—September 1, 

2005 is the effective date of an 

amendment to FMVSS 110, Tire 

selection and rims, which will require 

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 Bpillar 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 will be 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. 

Recently, 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 the issues, in this NPRM, 

NHTSA proposes 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 

must add the following 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). The 

characters of this label must have a 

minimum print size of 2.4 millimeters 

(3⁄32 inches) high and be black printed 

on a yellow background. The label must 

be visible when the FMVSS No. 110 tire 

placard is read: 

‘‘Caution—Cargo Carrying Capacity 

Reduced’’ Modifications to this vehicle have 

reduced the original cargo carrying capacity 

lll by kilograms (lll pounds) 

This label may be printed as shown 

above and the value for total added 

weight is 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 

additional label, dealers need to know 

only the total weight effect of added 

items. Dealers can provide the 

information without weighing vehicles. 

The following is the proposed 

regulatory text at S4.3(a) of FMVSS No. 

110. 

(a) Vehicle capacity weight: 

(1) If weight greater than 0.5 percent 

GVWR is added to a vehicle between 

vehicle certification and first retail sale, 

of the vehicle, the following label 

meeting the following criteria shall be 

affixed to the vehicle within 25 

millimeters (1 inch) of the tire placard 

such that it is visible when the tire 

placard is read. 

‘‘Caution—Cargo Carrying Capacity 

Reduced’’ Modifications to this vehicle have 

reduced the original cargo carrying capacity 

lll by kilograms (lll pounds) 

(2) The label must disclose to the 

nearest kilogram (pound), the total 

weight added. 

(3) The characters of the label must be 

presented in the English language, have 

a minimum print size of 2.4 millimeters 

(3⁄32 inches) high, and be black printed 

on a yellow background. The label must 

be moisture resistant and permanently 

affixed to the vehicle. 

2. FMVSS No. 120—NHTSA believes 

the proposed changes to FMVSS No. 

110 concerning additional dealer-added 

weight are also appropriate for FMVSS 

No. 120. As previously discussed, the 

proposed language for FMVSS 120 

requires an RVIA type label, which 

includes a statement similar to the cargo 

carrying capacity statement that appears 

on the FMVSS No. 110 label. The 

proposed FMVSS No. 120 motor home 

label would state: ‘‘The combined 

weight of occupants and cargo should 

never exceed XXX kilograms (XXX 

pounds).’’ The proposed FMVSS No. 

120 travel trailer label would state: ‘‘The 

weight of cargo should never exceed 

XXX kilograms (XXX pounds).’’ For 

motor homes and travel trailers, cargo 

carrying capacity will be determined by 

the final stage vehicle manufacturer and 

will be printed on the FMVSS No. 120 

cargo carrying capacity label for motor 

homes and travel trailers. If the weight 

of optional accessory items and 

equipment installed by dealers is not 

disclosed, the cargo carrying capacity 

value on the manufacturer’s label may 

be incorrect. 

Therefore, in this NPRM, NHTSA 

proposes 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 a 

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 must 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). The characters of this 

label must have a minimum print size 

of 2.4 millimeters (3⁄32 inches) high and 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51713 

be black printed on a yellow 

background. The label must also be 

visible when the FMVSS No. 120 motor 

home or travel trailer cargo carrying 

capacity label is read. 

‘‘Caution—Cargo Carrying Capacity 

Reduced’’ Modifications to this vehicle have 

reduced the original cargo carrying capacity 

by lll kilograms (lll pounds) 

This label may be printed as shown 

above and the value of total weight 

added may be written on the label by 

the dealer when optional accessories 

and equipment are installed. To fill out 

the additional label, dealers need only 

know the total weight effect of added 

items. Dealers can provide the 

information without weighing vehicles. 

The following regulatory text for 

FMVSS No. 120 on dealer-added weight 

between certification and first retail sale 

is proposed: 

S10.4.5 Weight added to motor 

homes and travel trailers between 

vehicle certification and first vehicle 

sale. 

(a) If weight greater than 0.5 percent 

of GVWR is added to a motor home or 

travel trailer between vehicle 

certification and first retail sale, a label 

as shown in Figure 3 and meeting the 

following criteria shall be affixed to the 

vehicle within 25 millimeters of the 

cargo carrying capacity label required by 

S10.3.3 or S10.3.4 such that it is visible 

when reading the cargo carrying 

capacity label. 

(1) The label must disclose the total 

weight added to the nearest kilogram 

(pound). 

(2) The characters of the label must be 

presented in the English language, have 

a minimum print size of 2.4 millimeters 

(3⁄32 inches) high, be black printed on a 

yellow background and the label must 

be moisture resistant and permanently 

affixed to the vehicle. 

VII. Leadtime 

We propose to make the amendments 

effective 180 days (approximately six 

months) after the final rule is published 

but, as discussed above, not before June 

1, 2007. We note that the proposed 

labeling requirements would 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. Public comment is 

sought whether 180 days would be 

enough lead time for industry to comply 

with the NHTSA’s new requirements. 

In addition, the provisions in the 

proposed rule to amend FMVSS No. 110 

are intended to provide regulatory relief 

to dealers that may add weight less than 

0.5 percent of gross vehicle weight 

rating after certification of vehicles and 

before first retail sale of the vehicles. 

Thus, we propose, for the FMVSS No. 

110 provisions, if made final, that 

dealers be given the option of 

immediate compliance. 

VIII. 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 proposal, if made final, would 

not have any quantifiable cost effect on 

manufacturers of motor homes or travel 

trailers. If made final, this rule would 

have no substantive effect on 95 percent 

of motor homes and travel trailers that 

are already manufactured for the U.S. 

market. As discussed earlier, the 

labeling requirements in this proposed 

rule parallels 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, 

if made final, the proposed rule would 

in effect impose new requirements on 

only approximately 5 percent of 

recreational vehicle manufacturers. 

In addition, this proposed rule would 

provide 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 in excess of 0.5 percent of the 

vehicles’ gross vehicle weight ratings 

would be required to disclose this extra 

weight on labels affixed to the vehicles. 

No labels would be required for the 

addition of lesser weight. 

Because the economic impacts of this 

proposal are so minimal, no separate 

regulatory evaluation is necessary. 

B. Executive Order 13132 (Federalism) 

Executive Order 13132 requires us to 

develop an accountable process to 

ensure ‘‘meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, we may not issue a 

regulation with federalism implications, 

that imposes substantial direct 

compliance costs, and that is not 

required by statute, unless the Federal 

Government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or unless we consult with 

State and local governments, or unless 

we consult with State and local officials 

early in the process of developing the 

proposed regulation. We also may not 

issue a regulation with federalism 

implications and that preempts State 

law unless we consult with State and 

local officials early in the process of 

developing the proposed regulation. 

This proposed rule would 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 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The reason is 

that this proposed rule, if made final, 

would apply to motor home 

manufacturers and to travel trailer 

manufacturers, not to the States or local 

governments. Thus, the requirements of 

51714 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

Section 6 of the Executive Order do not 

apply to this proposed rule. 

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 proposed 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 

proposed rule, if made final, would 

make changes affecting only motor 

home manufacturers and travel trailer 

manufacturers. 

D. Executive Order 12988 (Civil Justice 

Reform) 

Pursuant to Executive Order 12988, 

‘‘Civil Justice Reform,’’ we have 

considered whether this proposed rule 

would have any retroactive effect or any 

preemptive effect. We conclude that it 

would have no retroactive effect. 

Under 49 U.S.C. 30103, whenever a 

Federal motor vehicle safety standard is 

in effect, a State may not adopt or 

maintain a safety standard applicable to 

the same aspect of performance which 

is not identical to the Federal standard, 

except to the extent that the state 

requirement imposes a higher level of 

performance and applies only to 

vehicles procured for the State’s use. 49 

U.S.C. 30161 sets forth a procedure for 

judicial review of final rules 

establishing, amending or revoking 

Federal motor vehicle safety standards. 

That section does not require 

submission of a petition for 

reconsideration or other administrative 

proceedings before parties may file suit 

in court. 

For this proposed rule, we propose a 

definition of ‘‘travel trailer.’’

E. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq., as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996) whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effect of the rule on small 

entities (i.e., small businesses, small 

organizations, and small governmental 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of an agency certifies the rule 

would not have a significant economic 

impact on a substantial number of small 

entities. SBREFA amended the 

Regulatory Flexibility Act to require 

Federal agencies to provide a statement 

of the factual basis for certifying that a 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

The Administrator considered the 

effects of this rulemaking action under 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) and certifies that this 

proposal would not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification is that this 

proposal, if made final, would 

minimally affect small U.S. motor home 

manufacturers or small U.S. travel 

trailer manufacturers. The U.S. Small 

Business Administration’s regulations at 

13 CFR 121.201 defines a small ‘‘motor 

home manufacturer’’ (NAICS Code 

336213) as a ‘‘business entity organized 

for profit, with a place of business 

located in the United States, and which 

operates primarily within the United 

States or which makes a significant 

contribution to the U.S. economy 

through payment of taxes or use of 

American products, materials or labor.’’

(See 13 CFR 121.105) that employs 

fewer than 1,000 employees. Travel 

trailer and camper manufacturers 

(NAICS Code 336214) on the other 

hand, have a size standard of fewer than 

500 employees. 

NHTSA believes that most RVIA 

members are small businesses. As 

earlier discussed, 95 percent of RVIA 

members are already providing to their 

customers, labeling information that 

parallel the information specified in this 

NPRM. Thus, if made final, this 

proposed rule would impose new 

labeling information requirements on 

only 5 percent of small businesses that 

manufacture motor homes or travel 

trailers. 

F. National Environmental Policy Act 

We have analyzed this proposal for 

the purposes of the National 

Environmental Policy Act and 

determined that it would not have any 

significant impact on the quality of the 

human environment. 

G. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, a person is not required to 

respond to a collection of information 

by a Federal agency unless the 

collection displays a valid Office of 

Management and Budget (OMB) control 

number. This proposal introduces new 

information collection requirements in 

that the new regulation would require 

certain disclosures to third parties. Our 

estimates of the burden that this 

rulemaking imparts on motor home and 

travel trailer manufacturers are given 

below. There is no burden to the general 

public. These estimates are based on the 

fact that approximately 95% of motor 

home and travel trailer manufacturers 

currently belong to RVIA and apply the 

RVIA label to the vehicles they produce. 

The physical make-up of the RVIA label, 

as well as the information it provides 

are similar to the label required by this 

proposed regulation. Therefore, the cost 

and hour burden for making/purchasing 

and applying the RVIA label is 

essentially the same as the cost and 

hour burden for the label proposed in 

this rulemaking. When this rulemaking 

becomes a final rule, all manufacturers 

will be using the label specified by this 

NHTSA regulation. We expect that the 

NHTSA label will replace a current 

label of the same cost for most RVs. This 

rule does not prohibit manufacturers 

from adding any information, such as 

references to the owner’s manual, that 

appear on present labels to the NHTSA 

label. Therefore, we do not believe the 

rule will cause the need for an 

additional label on those vehicles. 

Because 95% of manufacturers are 

currently using a similar label (the RVIA 

label), which has a similar cost and hour 

burden, the only additional burden 

imparted by this rulemaking would be 

the cost of the remaining 5% of 

manufacturers to comply. The following 

are the hour burden and cost estimates, 

which will result when the remaining 

5% of motor home and travel trailer 

manufacturers had to comply with 

labeling requirements. 

This proposal also introduces an 

additional label to be applied by dealers 

in cases where weight totaling more 

than 0.5 percent of the vehicle’s GVWR 

is added between vehicle certification 

by the manufacturer and first retail sale. 

Such added weight is usually in the 

form of equipment or accessories added 

by the dealer at the request of the 

purchaser. If weight in excess of 0.5 

percent of GVWR is added the dealer 

would write on the label the total 

weight of added items and apply the 

label next to the cargo carrying capacity 

label. This being a new label would 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51715 

apply to 100 percent of the RVs to 

which this proposed rulemaking 

applies. The estimated cost of labels are 

based on costs obtained from a leading 

label manufacturer. 

The following information and 

hardware are already available to 

manufacturers and therefore would not 

impose additional cost or burden. 

Æ VIN or serial number 

Æ Definitions of GVWR, UVW, OCW, 

CCC 

Æ Value of GVWR 

Æ Value of UVW 

Æ Value of the maximum quantity of 

fresh water and its weight 

Æ Value of the maximum quantity of 

propane and its weight 

Æ Value of OCW 

Æ Value of CCC 

Æ Advisory statements at the bottom 

of the label 

Æ Scale system for weighing vehicles 

as practically all manufacturers own or 

have access to a scale system in order 

to monitor the load of the body verses 

the GVWR of the chassis. Scale systems 

usually cost between $10,000 and 

$15,000. 

Estimated annual burden to motor 

home and travel trailer manufacturers to 

determine the Unloaded Vehicle Weight 

(UVW). 

Motor Homes 

Æ Estimated labor hours to weigh a 

motor home = .10 hours 

Æ Approximately 61,527 motor homes 

shipped in 2003 

Æ It is estimated that 95% currently 

use the RVIA label and weigh their 

motor homes which leaves 5% or 3076 

additional motor homes per year to be 

weighed as a result of this rulemaking 

Æ 3076 additional motor homes/year 

× .10 hours/motor home = 308 hours/ 

year 

Travel Trailers 

Æ Estimated hours to weigh a travel 

trailer = .16 hours 

Æ Approximately 264,109 travel 

trailers shipped in 2003 

Æ It is estimated that 95% currently 

use the RVIA label and weigh their 

travel trailers which leaves 5% or 

13,205 additional travel trailers per year 

to be weighed 

Æ 13,205 additional travel trailers/ 

year × .16 hours/travel trailer = 2113 

hours/year 

Total estimated additional hour 

burden to weigh additional vehicles per 

year as a result of this rulemaking = 308 

hours + 2113 hours = 2421 hours/year. 

Estimated annual burden and cost to 

motor home and travel trailer 

manufacturers to produce/purchase and 

install the label. 

Æ Estimated cost to produce the label 

= $0.10 per label 

Æ Estimated labor hours to install 

label = .02 hours per label 

Æ Approximately 61,527 motor homes 

and 264,109 travel trailers were shipped 

in 2003 for a total of 325,636 units/year. 

Æ It is estimated that 95% of these 

vehicles are currently shipped with the 

RVIA label, which leaves 5% or 16,282 

motor homes, and travel trailers/year 

that will require labels. 

Total estimated additional hour 

burden per year to install the labels = 

16,282 labels/year × .02 hours/label = 

326 hours/year. 

Total estimated additional cost of 

labels per year = 16,282 labels/year × 

$0.10/label = $1,628/year. 

Estimated annual burden and cost to 

motor home and travel trailer dealers to 

produce/purchase and install the label 

identifying additional weight added. 

Æ Estimated cost to produce the label 

= $0.02 per label 

Æ Estimated labor hours to install 

label = .02 hours per label 

Æ Approximately 61,527 motor homes 

and 264,109 travel trailers were shipped 

in 2003 for a total of 325,636 units/year. 

Æ It is estimated that 50% of these 

vehicles will receive enough additional 

weight before first retail sale to require 

them to bear the additional label. The 

number of vehicles would be 50% of 

325,636 vehicles, which equals 162,818 

vehicles that will require the additional 

label. 

Total estimated additional hour 

burden per year to install the additional 

labels = 162,818 labels/year × .02 hours/ 

label = 3256 hours/year. 

Total estimated additional cost of 

additional labels per year = 162,818 

labels/year × $0.02/label = $3256/year. 

Total annual hour burden and cost to 

the industry as a result of this proposal 

is 6003 hours and $4,884 per year. 

NHTSA will consider comments by 

the public on this proposed collection of 

information in evaluating: 

• Whether the proposed collection of 

information is necessary for the safe use 

of motor homes and travel trailers, 

• The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, 

• The quality, utility, and clarity of 

the information to be collected, and 

• The opportunities to minimize the 

information collection burden. 

H. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272) 

directs us to use voluntary consensus 

standards in our regulatory activities 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies, such as the Society of 

Automotive Engineers (SAE). The 

NTTAA directs us to provide Congress, 

through OMB, explanations when we 

decide not to use available and 

applicable voluntary consensus 

standards. 

After conducting a search of available 

sources, we have decided to propose 

labels similar to that used by the 

Recreational Vehicle Industry 

Association, advising consumers of 

cargo carrying capacity for motor homes 

and travel trailers, and providing 

advisories. 

I. Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires Federal agencies to prepare a 

written assessment of the costs, benefits 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million in any one year 

(adjusted for inflation with base year of 

1995). Before promulgating a NHTSA 

rule for which a written statement is 

needed, section 205 of the UMRA 

generally requires us to identify and 

consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of section 205 do not apply 

when they are inconsistent with 

applicable law. Moreover, section 205 

allows us to adopt an alternative other 

than the least costly, most cost-effective 

or least burdensome alternative if we 

publish with the final rule an 

explanation why that alternative was 

not adopted. 

This proposal would not result in 

costs of $100 million or more to either 

State, local, or tribal governments, in the 

aggregate, or to the private sector. Thus, 

this proposal is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

J. Plain Language 

Executive Order 12866 requires each 

agency to write all rules in plain 

language. Application of the principles 

of plain language includes consideration 

of the following questions: 

51716 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 

—Have we organized the material to suit 

the public’s needs? 

—Are the requirements in the rule 

clearly stated? 

—Does the rule contain technical 

language or jargon that is not clear? 

—Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

—Would more (but shorter) sections be 

better? 

—Could we improve clarity by adding 

tables, lists, or diagrams? 

—What else could we do to make this 

rulemaking easier to understand? 

If you have any responses to these 

questions, please include them in your 

comments on this NPRM. 

K. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

Comments 

How Do I Prepare and Submit 

Comments? 

Your comments must be written and 

in English. To ensure that your 

comments are correctly filed in the 

Docket, please include the docket 

number of this document in your 

comments. 

Your comments must not be more 

than 15 pages long. (49 CFR 553.21). We 

established this limit to encourage you 

to write your primary comments in a 

concise fashion. However, you may 

attach necessary additional documents 

to your comments. There is no limit on 

the length of the attachments. 

Please submit two copies of your 

comments, including the attachments, 

to Docket Management at the address 

given above under ADDRESSES. 

You may also submit your comments 

to the docket electronically by logging 

onto the Dockets Management System 

Web site at http://dms.dot.gov. Click on 

‘‘Help & Information’’ or ‘‘Help/Info’’ to 

obtain instructions for filing the 

document electronically. 

How Can I Be Sure That My Comments 

Were Received? 

If you wish Docket Management to 

notify you upon its receipt of your 

comments, enclose a self-addressed, 

stamped postcard in the envelope 

containing your comments. Upon 

receiving your comments, Docket 

Management will return the postcard by 

mail. 

How Do I Submit Confidential Business 

Information? 

If you wish to submit any information 

under a claim of confidentiality, you 

should submit three copies of your 

complete submission, including the 

information you claim to be confidential 

business information, to the Chief 

Counsel, NHTSA, at the address given 

above under FOR FURTHER INFORMATION

CONTACT. In addition, you should 

submit two copies, from which you 

have deleted the claimed confidential 

business information, to Docket 

Management at the address given above 

under ADDRESSES. When you send a 

comment containing information 

claimed to be confidential business 

information, you should include a cover 

letter setting forth the information 

specified in our confidential business 

information regulation. (49 CFR Part 

512.) 

Will the agency consider late 

comments? 

We will consider all comments that 

Docket Management receives before the 

close of business on the comment 

closing date indicated above under 

DATES. To the extent possible, we will 

also consider comments that Docket 

Management receives after that date. If 

Docket Management receives a comment 

too late for us to consider it in 

developing a final rule (assuming that 

one is issued), we will consider that 

comment as an informal suggestion for 

future rulemaking action. 

How can I read the comments submitted 

by other people? 

You may read the comments received 

by Docket Management at the address 

given above under ADDRESSES. The 

hours of the Docket are indicated above 

in the same location. 

You may also see the comments on 

the Internet. To read the comments on 

the Internet, take the following steps: 

1. Go to the Docket Management 

System (DMS) Web page of the 

Department of Transportation (http:// 

dms.dot.gov/). 

2. On that page, click on ‘‘search.’’

3. On the next page (http:// 

dms.dot.gov/search/), type in the fourdigit docket number shown at the 

beginning of this document. Example: If 

the docket number were ‘‘NHTSA–

1998–1234,’’ you would type ‘‘1234.’’

After typing the docket number, click on 

‘‘search.’’

4. On the next page, which contains 

docket summary information for the 

docket you selected, click on the desired 

comments. You may download the 

comments. Although the comments are 

imaged documents, instead of word 

processing documents, the ‘‘pdf’’

versions of the documents are word 

searchable. 

Please note that even after the 

comment closing date, we will continue 

to file relevant information in the 

Docket as it becomes available. Further, 

some people may submit late comments. 

Accordingly, we recommend that you 

periodically check the Docket for new 

material. 

How does the Federal Privacy Act apply 

to my public comments? 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; pages 19477–78) or you 

may visit http://dms.dot.gov. 

List of Subjects in 49 CFR Part 571 

Imports, Motor vehicle safety, Motor 

vehicles, Rubber and rubber products, 

Tires. 

In consideration of the foregoing, it is 

proposed that the Federal Motor Vehicle 

Safety Standards (49 CFR Part 571), be 

amended as set forth below. 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

1. The authority citation for part 571 

would continue to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, and 30166; delegation of authority at 

49 CFR 1.50. 

2. Section 571.3(b) of title 49, Code of 

Federal Regulations, would be amended 

by revising the definition of ‘‘motor 

home’’ and adding a definition of 

‘‘travel trailer,’’ in the appropriate 

alphabetical order, to read as follows: 

§ 571.3 Definitions. 

* * * * * 

(b) * * * 

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 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51717 

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. 

* * * * * 

3. Section 571.110 of title 49, Code of 

Federal Regulations, would be amended 

by revising S4.3(a) to read as follows: 

§ 571.110 Tire selection and rims. 

* * * * * 

S4.3 * * * 

(a) Vehicle capacity weight: 

(1) If weight greater than 0.5 percent 

of the gross vehicle weight rating 

(GVWR) is added to a vehicle between 

vehicle certification and the first retail 

sale of the vehicle, the following label 

meeting the following criteria shall be 

affixed to the vehicle within 25 

millimeters (one inch) of the tire placard 

such that it is visible when the tire 

placard is read. 

‘‘Caution—Cargo Carrying Capacity 

Reduced’’ Modifications to this vehicle have 

reduced the original cargo carrying capacity 

bylllkilograms (lllpounds) 

(2) The label must disclose the total 

weight added to the nearest kilogram 

with conversion to the nearest pound in 

parentheses. 

(3) The characters of the label must be 

presented in the English language, have 

a minimum print size of 2.4 millimeters 

(3⁄32 inches) high, and be black printed 

on a yellow background. The label must 

be moisture resistant and permanently 

affixed to the vehicle. 

* * * * * 

3. Section 571.120 of title 49, Code of 

Federal Regulations, would be amended 

by revising the section heading, by 

revising S1, by revising S2, by adding 

S10, and by adding Figures 1, 2, and 3 

to read as follows: 

§ 571.120 Tire selection and rims for motor 

vehicles with GVWRs of more than 4,536 

kilograms (10,000 pounds). 

S1. This standard specifies tire and 

rim selection requirements, rim marking 

requirements and motor home/travel 

trailer cargo carrying capacity 

information. 

S2. The purpose of this standard is to 

provide safe operational performance by 

ensuring that vehicles to which it 

applies are equipped with tires of 

adequate size and load rating and with 

rims of appropriate size and type 

designation, and ensuring that 

consumers are informed of motor home/ 

travel trailer cargo carrying capacity. 

* * * * * 

S10. Each motor home and travel 

trailer must meet the applicable 

requirements in S10. 

S10.1 On motor homes, the sum of the 

GAWRs of all axles on the vehicle must 

not be less than the GVWR. 

S10.2 On travel trailers, the sum of 

the GAWRs of all axles on the vehicle 

plus the tongue load rating must not be 

less than the GVWR. 

S10.3 The tires on each motor home 

and travel trailer at first retail sale must 

be the same size as the tire size on the 

labeling required by S5.3. 

S10.4 Each motor home and travel 

trailer final stage manufacturer must 

affix a cargo carrying capacity label to 

its vehicles that meets the following 

criteria: 

S10.4.1 The label must be moisture 

resistant, and must be permanently 

affixed to the interior of the forward 

most exterior passenger door on the 

right side of the vehicle. 

S10.4.2 The label must be presented 

in the English language with a 

minimum print size of 2.4 millimeters 

(3⁄32 inches high). 

S10.4.3 The label for motor homes 

must contain the following information 

in accordance with Figure 1: 

(a) The statement: ‘‘THE COMBINED 

WEIGHT OF OCCUPANTS AND 

CARGO SHOULD NEVER EXCEED XXX 

kilograms (XXX pounds)’’ in block 

letters with appropriate values included 

in place of ‘‘XXX’’. The letters shall be 

black and the block in which the 

statement is located shall have a yellow 

background. 

(b) The Vehicle Identification Number 

(VIN) of the motor home. 

(c) Definitions of GVWR, UVW, OCW, 

and CCC as specified in Figure 1. 

(d) The weights for the GVWR, UVW, 

fresh water, propane, OCW, CCC and 

maximum hitch load. 

Weights must be provided to the 

nearest kilogram with conversion to the 

nearest pound in parentheses. Weights 

must be measured with scales that have 

a minimum accuracy of plus or minus 

one percent of the actual reading. Label 

weights must reflect the weights of the 

motor home as configured for delivery 

to the dealer. 

(e) The following advisory statements 

must appear verbatim on the label: 

(1) ‘‘Dealer installed equipment and 

towed vehicle tongue weight will 

reduce the CCC.’’

(2) ‘‘Distribute cargo appropriately to 

prevent non-uniform side-to-side and/or 

forward/aft loading.’’

S10.4.4 The label for travel trailers 

must contain the following information 

in accordance with Figure 2: 

(a) The statement: ‘‘THE WEIGHT OF 

CARGO SHOULD NEVER EXCEED XXX 

kilograms (XXX pounds)’’ in block 

letters, with the travel trailer 

manufacturer providing the appropriate 

values in place of ‘‘XXX.’’ The letters 

shall be black and the block in which 

the statement is located shall have a 

yellow background. 

(b) The VIN of the travel trailer. 

(c) Definitions for GVWR, UVW, and 

CCC as specified in Figure 2. 

(d) The tongue load rating. 

(e) The weights for the GVWR, UVW, 

fresh water, propane, and CCC. 

Weights must be provided to the 

nearest kilogram, with conversion to the 

nearest pound in parentheses. Weights 

must be accurate within a tolerance of 

plus or minus one percent. Label 

weights must reflect the weights of the 

travel trailer as configured for delivery 

to the dealer. 

(f) The following advisory statements 

must appear verbatim on the label: 

(1) ‘‘Dealer installed equipment will 

reduce the CCC.’’

(2) ‘‘Distribute cargo appropriately to 

prevent non-uniform side-to-side and/or 

forward/aft loading.’’

S10.4.5 Weight added to motor homes 

and travel trailers between vehicle 

certification and first retail sale of the 

vehicle. 

(a) If weight greater than 0.5 percent 

of gross vehicle weight rating (GVWR) is 

added to a motor home or travel trailer 

between vehicle certification and first 

retail sale of the vehicle, a label as 

shown in Figure 3 and meeting the 

following criteria shall be affixed to the 

vehicle within 25 millimeters of the 

cargo carrying capacity label required by 

S10.4.3 or S10.4.4 such that the label 

specified in Figure 3 is visible when 

reading the cargo carrying capacity 

label. 

(1) The label must disclose the total 

weight added to the nearest kilogram 

with conversion to the nearest pound in 

parentheses. 

(2) The characters of the label must be 

presented in the English language, have 

a minimum print size of 2.4 millimeters 

(3⁄32 inches) high, and be black printed 

on a yellow background. The label must 

be moisture resistant and permanently 

affixed to the vehicle. 

BILLING CODE 4910–59–P 

51718 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 


EP31AU05.004</GPH>
Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Proposed Rules 51719 

* * * * * Issued on: August 25, 2005. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. 05–17245 Filed 8–30–05; 8:45 am] 

BILLING CODE 4910–59–C 


EP31AU05.005</GPH> EP31AU05.006</GPH>