[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Notices]
[Pages 86077-86079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25069]


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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).

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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 https://www.nhtsa.gov/corporate-average-fuel-economy/cafe-public-information-center.
    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 http://www.regulations.gov. 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 http://www.regulations.gov, 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 https://www.transportation.gov/privacy. 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#e6929391878887c892878092a6828992c8818990"><span class="__cf_email__" data-cfemail="c8bcbdbfa9a6a9e6bca9aebc88aca7bce6afa7be">[email protected]</span></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#dfb2b6bcb7bebab3f1bdadbebcba9fbbb0abf1b8b0a9"><span class="__cf_email__" data-cfemail="3b565258535a5e571559495a585e7b5f544f155c544d">[email protected]</span></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#ec9c8d9980c28f8382828998ac888398c28b839a"><span class="__cf_email__" data-cfemail="7d0d1c0811531e12131318093d191209531a120b">[email protected]</span></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.
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    \1\ 87 FR 26025.
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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.
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    \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.
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    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.
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    \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).
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    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 https://www.transportation.gov/regulations/dot-information-dissemination-quality-guidelines.

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 www.regulations.gov. 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#d3b7b2bdbab6bffda1b2b1babdbca5baa7a993b7bca7fdb4bca5"><span class="__cf_email__" data-cfemail="cda9aca3a4a8a1e3bfacafa4a3a2bba4b9b78da9a2b9e3aaa2bb">[email protected]</span></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#4939283c25672a2627272c3d092d263d672e263f"><span class="__cf_email__" data-cfemail="265647534a084549484843526642495208414950">[email protected]</span></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 www.regulations.gov, 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


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