Interpretation ID: nht91-6.33

DATE: October 23, 1991

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: David L. Kulp -- Manager, Fuel Economy Planning & Compliance, Environmental and Safety Engineering Staff, Ford Motor Company

TITLE: None

ATTACHMT: Attached to letter dated 8-9-91 from David L. Kulp to Orron E. Kee (OCC 6441)

TEXT:

This responds to your letter to Mr. Orron Kee of this agency that asked whether, to comply with Corporate Average Fuel Economy (CAFE) reporting requirements, Ford must report off-highway data as listed, in 49 CFR S537.7(c)(5) for light trucks that otherwise come within the definition of light trucks at 49 CFR S523.5(a). As discussed below, the answer to your question is no.

Under S523.5, a light truck is an automobile other than a passenger automobile which is either designed to perform at least one of a number of functions listed in S523.5(a) or is designed for off-highway operation as described in S523.5(b). Since the characteristics described in (a) and (b) are not mutually exclusive, some vehicles are considered light trucks under both (a) and (b).

Section 537.7(c) (5) provides that for each model type of an automobile which is classified as an automobile capable of off-highway operation under Part 523, i.e., S523.5(b), certain data relevant to that classification must be included in a manufacturer's fuel economy reports. Your letter raises the issue of whether this information must be reported for vehicles which are considered light trucks under S523.5(a) but which would also be considered light trucks under S523.5(b). It is our opinion that S537.7(c)(5)'s requirement to report data relevant to the classification of a vehicle as capable of off-highway operation applies only for vehicles which are considered light trucks solely on that basis and not to vehicles that are otherwise considered light trucks under S523.5(a).