Notice of Technical Workshop and Demonstrations for Vehicle Classification Test Procedure

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published

October 29, 2024

Issuing agencies

Transportation DepartmentNational Highway Traffic Safety Administration

Abstract

NHTSA seeks public comment on draft test procedure (TP) number TP-523-00, which is intended to assess vehicles for compliance with certain off-road capabilities requirements for vehicle classification within the Corporate Average Fuel Economy (CAFE) program. This TP is prepared for the limited purpose of use by contracted independent laboratories conducting tests for NHTSA. The TP presents guidelines for a uniform testing and data recording format. TPs are not rules, regulations, or agency interpretations. NHTSA will host a demonstration of TP-523-00 to show how NHTSA intends to test vehicles to determine compliance with its regulations on vehicle classification.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 209 (Tuesday, October 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Notices]
[Pages 86077-86079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25069]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2024-0050]

Notice of Technical Workshop and Demonstrations for Vehicle
Classification Test Procedure

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

ACTION: Notice of technical workshop and demonstration and request for
comments (RFC).

-----------------------------------------------------------------------

SUMMARY: NHTSA seeks public comment on draft test procedure (TP) number
TP-523-00, which is intended to assess vehicles for compliance with
certain off-road capabilities requirements for vehicle classification
within the Corporate Average Fuel Economy (CAFE) program. This TP is
prepared for the limited purpose of use by contracted independent
laboratories conducting tests for NHTSA. The TP presents guidelines for
a uniform testing and data recording format. TPs are not rules,
regulations, or agency interpretations. NHTSA will host a demonstration
of TP-523-00 to show how NHTSA intends to test vehicles to determine
compliance with its regulations on vehicle classification.

DATES: A technical workshop (presentation) and public demonstration for
the test procedure will be held on January 15, 2025, and are expected
to begin at 8 a.m. The date, location, and agenda are subject to
change, and all registered attendees will be notified of any changes.
Comments regarding the TP, the workshop, or the demonstration must be
received no later than November 30, 2024 in order to be addressed
during the event. The agency may address any comments received during
the event regarding the TP, the workshop, and the demonstration, but
comments should also be submitted to the docket for formal record per
the ``Comment'' instructions indicated below. Comments submitted to the
docket after November 30, 2024 will continue to be received and
considered through February 15, 2025 to facilitate the final draft
release of the TP.

ADDRESSES:
Workshop and Demonstration Location: The workshop and demonstration
will be held at the McNeese Convention Center in San Angelo, Texas.
Directions to the meeting location and final agenda will be sent to
registered participants as well as posted on the NHTSA Public
Information Center (PIC) at <a href="https://www.nhtsa.gov/corporate-average-fuel-economy/cafe-public-information-center">https://www.nhtsa.gov/corporate-average-fuel-economy/cafe-public-information-center</a>.
Documents for Comment: NHTSA's Office of Vehicle Safety Compliance
(OVSC) laboratory test procedure TP-523-00, described in this RFC, is
available for viewing in PDF format in this Docket, as identified in
the heading of this document.
Comments: You may submit comments to the Docket, identified as the
docket number in the head of this document, by any of the following
methods:
<bullet> Federal rulemaking Portal: To submit comments
electronically, go to the U.S. Government regulations website at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments.
<bullet> Fax: Written comments may be faxed to 202-493-2251.
<bullet> Mail: Send comments to: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery: If you submit written comments by hand or
courier, please do so at 1200 New Jersey Avenue SE, West Building
Ground Floor, Room W12-140, Washington, DC between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call 202-366-9826 before
coming.
Instructions: For detailed instructions on submitting comments and
additional information, see the Public Participation section of this
document, which can be found below. Note that all comments received
will be posted to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided.
Privacy Act: 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 (65 FR 19477-78) or you may visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. If you wish to provide comments
containing proprietary or confidential information, please follow the
instructions in the section of this notice titled ``How do I submit
confidential business information?''

FOR FURTHER INFORMATION CONTACT:
To register for event attendance: Please contact Ms. Tuwana Taft,
Office of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
Telephone: (202) 366-1008. Email: <a href="/cdn-cgi/l/email-protection#10646567717e713e6471766450747f643e777f66">[email&#160;protected]</a>. Participants
must register in order for NHTSA to determine an approximate head count
and in order for NHTSA to deliver site details and a final agenda to
all participants. Attendance will not be permitted without prior
registration.
For technical issues: Mr. Michael Brace, Compliance Engineer,
Office of Vehicle Safety Compliance, National Highway Traffic Safety
Administration, 1200 New Jersey Ave. SE, Washington, DC 20590.
Telephone: 313-218-2265. Email: <a href="/cdn-cgi/l/email-protection#8de0e4eee5ece8e1a3efffeceee8cde9e2f9a3eae2fb">[email&#160;protected]</a>.
For legal issues: Mr. Paul Connet, Attorney-Advisor, Office of the
Chief Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-5547. Email:
<a href="/cdn-cgi/l/email-protection#f78796829bd9949899999283b7939883d9909881">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: On May 2, 2022, NHTSA published a final rule
which stated the agency's intention to use a new test procedure to
validate non-passenger automobile (``light truck'') classification data
provided by manufacturers in their pre-model reports submitted under 49
CFR part 537.\1\ NHTSA is providing a draft version of TP-523-00 for
comment. TP-523-00 is intended to improve NHTSA's ability to verify
light truck compliance with 49 CFR 523.5(b)(2)(i) through (v) by
providing guidelines for a uniform testing and information recording
format for contracting laboratories who perform testing for NHTSA.
---------------------------------------------------------------------------

\1\ 87 FR 26025.
---------------------------------------------------------------------------

Introduction

To investigate whether specific vehicles or products comply with
Corporate Average Fuel Economy (CAFE) regulations, NHTSA's Office of

[[Page 86078]]

Vehicle Safety Compliance (OVSC) contracts with labs to conduct
compliance testing. The OVSC laboratory test procedures are prepared
for the limited purpose of use by contracted independent laboratories
conducting compliance tests for the OVSC. OVSC laboratory test
procedures are not rules, regulations, or NHTSA interpretations, and
OVSC laboratory test procedures are not intended to limit the
requirements of the applicable regulations.

Background

NHTSA administers the CAFE program under authority granted in the
Energy Policy and Conservation Act (EPCA) of 1975, as amended by the
Energy Independence and Security Act (EISA) of 2007.\2\ Per Congress,
light-duty vehicles into two basic classes for CAFE compliance
purposes: passenger automobiles (``passenger cars'') and non-passenger
automobiles (``light trucks'').\3\ The statutory definitions for these
classes indicate that ``passenger automobiles'' do not include vehicles
that ``the Secretary decides by regulation . . . has a significant
feature (except for 4-wheel drive) designed for off-highway operation,
and . . . is a 4-wheel drive automobile or rated at more than 6,000
pounds gross vehicle weight.'' \4\ Because passenger automobiles do not
include these vehicles, these vehicles must therefore belong to the
non-passenger automobile (light truck) category. Note that Congress
expressly directed DOT (by delegation, NHTSA) to determine what a
``significant feature (except for 4-wheel drive) designed for off-
highway operation'' would include.
---------------------------------------------------------------------------

\2\ NHTSA's authority is codified at 49 U.S.C. 32901 et seq.
\3\ 49 U.S.C. 32901, 32902.
\4\ 49 U.S.C. 32901.
---------------------------------------------------------------------------

To implement this Congressional directive to determine significant
features designed for off-highway operation, NHTSA promulgated 49 CFR
523. Part 523 defines five different attributes of off-highway
operation: ``approach angle,'' \5\ ``breakover angle,'' \6\ ``departure
angle,'' \7\ ``running clearance,'' \8\ and ``front and rear axle
clearance.'' \9\ Section 523.5(b) describes how a vehicle may qualify
as a non-passenger automobile (light truck) through off-highway
operation capabilities. Specifically, NHTSA defined measurement
criteria for each of the five attributes of off-highway operation,\10\
and a vehicle must meet the measurements for at least four out of those
five attributes to qualify as an ``off-highway capable'' light truck.
---------------------------------------------------------------------------

\5\ Approach angle means the smallest angle, in a plane side
view of an automobile, formed by the level surface on which the
automobile is standing and a line tangent to the front tire static
loaded radius arc and touching the underside of the automobile
forward of the front tire. 49 CFR 523.2.
\6\ Breakover angle means the supplement of the largest angle,
in the plan side view of an automobile that can be formed by two
lines tangent to the front and rear static loaded radii arcs and
intersecting at a point on the underside of the automobile. 49 CFR
523.2.
\7\ Departure angle means the smallest angle, in a plane side
view of an automobile, formed by the level surface on which the
automobile is standing and a line tangent to the rear tire static
loaded radius arc and touching the underside of the automobile
rearward of the rear tire. 49 CFR 523.2.
\8\ Running clearance means the distance from the surface on
which an automobile is standing to the lowest point on the
automobile, excluding unsprung weight. 49 CFR 523.2
\9\ Axle clearance means the vertical distance from the level
surface on which an automobile is standing to the lowest point on
the axle differential of the automobile.
\10\ 49 CFR 523.5(b)(2)(i)-(v).
---------------------------------------------------------------------------

NHTSA requires manufacturers to provide NHTSA dimension information
for approach angle, breakover angle, departure angle, running
clearance, and front and rear axle clearance for vehicles they wish to
claim as off-highway capable as part of their pre- and mid-model year
reports under 49 CFR 537.7(c)(5)(ii). Accurate information about these
dimensions is critical for verifying a manufacturer's CAFE compliance
information, because if the information is inaccurate, it may be
possible that a vehicle would not qualify as a non-passenger automobile
(light truck). NHTSA will use TP-523-00 to verify that submitted
dimension measurements these attributes are accurate and to confirm
that vehicles have been properly classified accordingly. TP-523-00 also
provides guidance regarding the expected precision of measurements and
the allowable rounding approach for off-highway vehicle clearances and
angles, as well as for reporting values in manufacturer's pre-model
year (PMY) and mid-model year (MMY) reports.
NHTSA publishes OVSC laboratory test procedures on NHTSA's website
so that interested parties may see how NHTSA is instructing its
contracted labs to collect data to help OVSC investigate whether
vehicles and vehicle equipment sold in the U.S. comply with certain
regulatory requirements. A manufacturer should not depend solely on the
test reports produced as a result of OVSC's laboratory testing as the
basis for certification that its vehicle or item of motor vehicle
equipment complies with all applicable regulatory requirements, as
OVSC's laboratory tests establish whether a product's attributes or
performance passes or fails under some, but not necessarily all,
conditions and procedures described in NHTSA regulation. The findings
in those reports are the findings of the test laboratory, and the OVSC
uses these results as a part of its determination of a non-compliance.

OVSC Laboratory Test Procedure Draft and Request for Comment

To provide further information to stakeholders regarding how TP-
523-00 would work in practice, NHTSA will hold a demonstration that
stakeholders may attend in person. The scope of this demonstration is
strictly limited to issues surrounding the implementation of the OVSC
Laboratory Test Procedure TP-523.
NHTSA also invites public comment on TP-523-00. Consequently, this
notice serves as a request for comments (RFC). NHTSA will review and
consider the feedback, and certain comments may be addressed during the
workshop and demonstration event if submitted by November 30, 2024.
The RFC is strictly limited to the contents of OVSC laboratory test
procedure TP-523-00 and the corresponding demonstration. NHTSA is not
seeking comments at this time about amending either the vehicle
classification requirements in 49 CFR 523 nor the standards described
in 49 CFR 531 or 49 CFR 533. TP-523-00 is available for viewing in PDF
format in the Docket identified in the heading of this document.

Public Participation

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 indicated in this document in your comments.
Please limit your comments to 15 pages. 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.
If you are submitting comments electronically as a PDF (Adobe)
file, NHTSA asks that the documents be submitted using the Optical
Character Recognition (OCR) process, thus allowing NHTSA to search and
copy certain portions of your submissions.
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB

[[Page 86079]]

and DOT Data Quality Act guidelines. Accordingly, we encourage you to
consult the guidelines in preparing your comments. OMB's guidelines may
be accessed at <a href="https://www.transportation.gov/regulations/dot-information-dissemination-quality-guidelines">https://www.transportation.gov/regulations/dot-information-dissemination-quality-guidelines</a>.

How can I be sure that my comments were received?

If you submit comments by hard copy and 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. If you submit comments electronically, your comments should
appear automatically in the Docket identified in the heading of this
document on <a href="http://www.regulations.gov">www.regulations.gov</a>. If they do not appear within two weeks
of posting, NHTSA suggests that you call the Docket Management Facility
at (202) 366-9826.

How do I submit confidential business information?

You should submit a redacted ``public version'' of your comment
(including redacted versions of any additional documents or
attachments) to the Docket using any of the methods identified under
ADDRESSES. This ``public version'' of your comment should contain only
the portions for which no claim of confidential treatment is made and
from which those portions for which confidential treatment is claimed
has been redacted. See below for further instructions on how to do
this.
You also need to submit a request for confidential treatment
directly to the Office of the Chief Counsel. Requests for confidential
treatment are governed by 49 CFR part 512. Your request must set forth
the information specified in part 512. This includes the materials for
which confidentiality is being requested (as explained in more detail
below); supporting information, pursuant to Section 512.8; and a
certificate, pursuant to Section 512.4(b) and Part 512, appendix A.
You are required to submit to the Office of the Chief Counsel one
unredacted ``confidential version'' of the information for which you
are seeking confidential treatment. Pursuant to Section 512.6, the
words ``ENTIRE PAGE CONFIDENTIAL BUSINESS INFORMATION'' or
``CONFIDENTIAL BUSINESS INFORMATION CONTAINED WITHIN BRACKETS'' (as
applicable) must appear at the top of each page containing information
claimed to be confidential. In the latter situation, where not all
information on the page is claimed to be confidential, identify each
item of information for which confidentiality is requested within
brackets: ``[ ].''
You are also required to submit to the Office of the Chief Counsel
one redacted ``public version'' of the information for which you are
seeking confidential treatment. Pursuant to Section 512.5(a)(2), the
redacted ``public version'' should include redactions of any
information for which you are seeking confidential treatment (i.e., the
only information that should be unredacted is information for which you
are not seeking confidential treatment).
NHTSA is currently treating electronic submission as an acceptable
method for submitting confidential business information to the agency
under Part 512. Please do not send a hardcopy of a request for
confidential treatment to NHTSA's headquarters. The request should be
sent to Dan Rabinovitz in the Office of the Chief Counsel at
<a href="/cdn-cgi/l/email-protection#ddb9bcb3b4b8b1f3afbcbfb4b3b2abb4a9a79db9b2a9f3bab2ab">[email&#160;protected]</a>. You may either submit your request via email
or request a secure file transfer link. If you are submitting the
request via email, please also email a courtesy copy of the request to
Paul Connet at <a href="/cdn-cgi/l/email-protection#760617031a581519181813023612190258111900">[email&#160;protected]</a>.

Will the agency consider late comments?

In our response, 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 may also
consider comments that Docket Management receives after that date.

How will the agency utilize comments received?

Comments received ahead of the workshop and demonstration may be
addressed at the event. The agency will consider all comments received
and will incorporate comments as it deems appropriate into the OVSC
laboratory test procedure.

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, at <a href="http://www.regulations.gov">www.regulations.gov</a>, identified by the docket number
at the heading of this notice.

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2024-25069 Filed 10-28-24; 8:45 am]
BILLING CODE 4910-59-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on October 29, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.