January 1 9 , 2010

I SSUE

In order to have clear, appropriate, and implementable vehicle classifications in the GHG/FE regulation, EPA and NHTSA should adopt criteria for presumptively determining what qualifies as “combination tractors” and “heavy

- duty pick up and vans.” Further, the Agencies should establish that vehicles that do not meet those criteria are, presumptively “vocational vehicles.” Finally, the Agencies should allow someone who believes that a vehicle is improperly categorized to have the burd en of overcoming the presumptive criteria

- based categorization.

Set forth below are proposed definitions:

COMBINATION TRACTORS

The category only includes vehicles with a GVWR above 26,000 lbs. that meet the DOT definition for truck tractor, i.e., “a t ruck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn

. ” See

, 4 9 C.F.R. § 571.3

.

Combination tractors have a front axle GAWR of 14,600 lbs. or less; and a single rear drive axle GAWR of 23,000 lbs. or less, or two rear drive axles with a combined GAWR of 45,000 lbs. or less. They may have additional non

- driven axles but a GVWR of 85,000 lbs. or less.

C ombination tractors are intended exclusively for on

- highway applications and typically accumulate more than 50,000 miles annually. They are designed to operate within Federal size and weight limits, which may include use as part of a long combination vehicle. They are not intended for use that would require a special size or weight permit.

If a vehicle meets these requirements, it will be presumed to be a combination tractor for the purposes of the GHG/FE regulation. If a manufacturer believes that a vehicle that meets the combinati on tractor definition is actually a vocational vehicle, the manufacturer has the burden of establishing that fact to the Agencies’ reasonable satisfaction. Factors that would meet the manufacturer’s burden of establishing that a vehicle meeting the combina tion tractor definition is actually a vocational vehicle inclu de, without limitation: vehicle speed limiter set at 55 mph or less, PTO controls, extended front frame, ground clearance greater than 14 in., approach angle greater than 20°, frame RBM greater than 2,000,000 in

. - lbs., or total gear reduction in low gear greater than 57, or total gear reduction in top gear greater than three.

HEAVY

- DUTY PICKUP TRUCKS AND VANS

Heavy

- duty pickup trucks and vans are pickup trucks and vans with a GVWR between 8,5 01 lbs. and 14,000 lbs. (Class 2b through 3) manufactured as complete vehicles by a single or2

final stage manufacturer and include cab

- complete vehicles that are first sold as incomplete vehicles that substantially include the vehicle cab section.

If a ve hicle meets these requirements, it is presumptively a heavy

- duty pickup truck or van for the purposes of the GHG/FE regulation. If a manufacturer believes that a vehicle that meets the heavy

- duty pickup trucks and vans definition is actually a vocational vehicle, the manufacturer has the burden of establishing that fact to the Agencies’ reasonable satisfaction

.

VOCATIONAL VEHICLES

Any vehicle that does not meet one of the definitions above is presumptively a vocational vehicle for the purposes of the GHG /FE regulation. If t he Agencies believe that such a vehicle should actually be classified as a combination tractor or a heavy

- duty pickup truck or van, the Agencies have the burden of demonstrating that.