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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Proposed Rules
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off-highway operation.493 NHTSAs regulation on vehicle classification contain requirements for vehicles to be classified as light trucks either on the basis of off-highway capability or on the basis of having truck-like characteristics. Over time, NHTSA has refined the light truck vehicle classification by revising its regulations and issuing legal interpretations.
However, based on the increase in crossover SUVs and advancements in vehicle design trends, NHTSA has become aware of vehicle designs that complicate classification determinations for the CAFE program. Throughout the past decade, NHTSA has identified these changes in compliance testing, data analysis, and has discussed the trend in rulemakings, publications, and with stakeholders.
NHTSA believes that an objective procedure for classifying vehicles is paramount to the agencys continued oversight of the CAFE program. When there is uncertainty as to how vehicles should be classified, inconsistency in determining manufacturers compliance obligations can result, which is detrimental to the predictability and fairness of the program. In the 2020 final rule, NHTSA attempted to resolve several classification issues and committed to continuing research to resolve others. NHTSA notified the public of its plans to develop a compliance test procedure for verifying manufacturers submitted classification data. An objective standard would help avoid manufacturers having to reclassify their vehicles, improve consistency and fairness across the industry, and introduce areas within the criteria where uncertainties existed and research could be conducted in the near future to resolve.
In this rulemaking, NHTSA is providing additional classification guidance and seeking comments on several unknown aspects needed to develop its compliance test procedure.
Based upon the comments received to this NPRM, NHTSA plans to release its draft test procedure later this year. No changes are being made in this rulemaking that will change how vehicles are classified.
a Clarifications for Classifications Based Upon Off-Road Capability For a vehicle to qualify as off-highway off-road capable, in addition to either having 4WD or a GVWR more than 6,000 pounds. The vehicle must have four out of five characteristics indicative of off-highway operation. These characteristics are:
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An approach angle of not less than 28
degrees A breakover angle of not less than 14
degrees A departure angle of not less than 20
degrees A running clearance of not less than 20 centimeters Front and rear axle clearances of not less than 18 centimeters each 1 Production Measurements NHTSAs regulations require manufacturers to measure vehicle characteristics when a vehicle is at its curb weight, on a level surface, with the front wheels parallel to the automobiles longitudinal centerline, and the tires inflated to the manufacturers recommended cold inflation pressure.494 NHTSA clarified in the 2020 final rule that 49 CFR part 537
requires manufacturers to classify vehicles for CAFE based upon their physical production characteristics. The agency verifies reported values by measuring production vehicles.
Manufacturers must also use physical vehicle measurements as the basis for values reported to the agency for purposes of vehicle classification. It may be possible for certain vehicles within a model type to qualify as light trucks while others would not because of their production differences. Since issuing the 2020 final rule, NHTSA has met with manufacturers to reinforce the use of production measurements and clarifying here that manufacturers are only required to report classification information for those physical measurements used for qualification and can omit other measurements.
In the previous rulemaking, NHTSA
also identified that certain vehicle designs incorporate rigid i.e., inflexible air dams, valance panels, exhaust pipes, and other components, equipped as manufacturers standard or optional equipment e.g., running boards and towing hitches, that likely do not meet the 20-centimeter running clearance requirement. Despite these rigid features, some manufacturers are not taking these components into consideration when making classification decisions. Additionally, other manufacturers provide dimensions for their base vehicles without considering optional or various trim level components that may reduce the vehicles ground clearance.
Consistent with our approach to other measurements, NHTSA believes that ground clearance, as well as all the other off-highway criteria for a light truck determination, should use the 494 49

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measurements from vehicles with all standard and optional equipment installed, at the time vehicles are shipped to dealerships. These views were shared by manufacturers in response to the previous CAFE
rulemaking.
The agency reiterates that the characteristics listed in 49 CFR
523.5b2 are characteristics indicative of off-highway capability. A fixed featuresuch as an air dam that does not flex and return to its original state or an exhaust that could detach inherently interferes with the offhighway capability of these vehicles. If manufacturers seek to classify vehicles as light trucks under 49 CFR 523.5b2
and the vehicles have a production feature that does not meet the four remaining characteristics to demonstrate off-highway capability, they must be classified as passenger cars. NHTSA
also clarifies that vehicles that have adjustable ride height, such as air suspension, and permit variable on-road or off-road running clearances should be classified based upon the mode most commonly used or the off-road mode for those with this feature. NHTSA seeks comments on how to define the mode most commonly used for any adjustable suspensions. For the test procedure, would it be more appropriate to allow manufacturers to define the mode setting for vehicles with adjustable suspensions?
2 Testing for Approach, Breakover, and Departure Angles Approach angle, breakover angle, and departure angle are relevant to determine off-highway capability. Large approach and departure angles ensure the front and rear bumpers and valance panels have sufficient clearance for obstacle avoidance while driving offroad. The breakover angle ensures sufficient body clearance from rocks and other objects located between the front and rear wheels while traversing rough terrain. Both the approach and departure angles are derived from a line tangent to the front or rear tire static loaded radius arc extending from the ground near the center of the tire patch to the lowest contact point on the front or rear of the vehicle. The term static loaded radius arc is based upon the definitions in SAE J1100 and J1544.495
The term is defined as the distance from wheel axis of rotation to the supporting surface ground at a given load of the vehicle and stated inflation pressure of 495 See SAE J1100 published on May 26, 2012 and SAE J1544 published on Oct 25, 2011.

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