Interpretation ID: 210341.ogm

Mr. Gerald Plante
Manager
Compliance and Technical Liason
Saab Cars USA, Inc.
4405-A International Blvd.
Norcross, GA 30093

Dear Mr. Plante:

This responds to your request for this agency's concurrence that a proposed new vehicle would qualify as a light truck for Corporate Average Fuel Economy (CAFE) purposes under 49 CFR Part 523.5(a)(5). As described in your letter, the vehicle, which is now in the design stage, would have one of two different configurations. Both configurations share certain common attributes: the vehicle would have five seating positions and two rows of seats with two bucket seats in the front row and a seating assembly providing three seating positions in the second row. After certain operations are performed involving the rear seats, either configuration could provide cargo carrying capacity in which the space occupied by the rear seats would be replaced by a load floor angled approximately two to three degrees from the horizontal. The two designs differ in the means by which the vehicle is converted from the passenger carrying to cargo carrying mode.

Your letter states that the first configuration involves a two-step conversion process. The first step consists of removing the rear seat cushions from the vehicle without the use of any special tools. The second step consists of unlocking the rear seat backs and folding them forward over the space formerly occupied by the rear seat cushions. When the rear seat back is folded forward in this fashion, a flat load bearing floor is created that extends rearward to the rear of the vehicle from the forwardmost mounting point of the removed seat cushions.

The second configuration described in your letter uses a sliding seat back to create the cargo area. As is the case with the first configuration, the lower rear seat cushions would be removed from the vehicle without the use of special tools. Instead of being folded forward, the rear seat back would then be unlocked and slid forward on tracks until it is located immediately behind the front seat backs. After the rear seat back is moved forward, sliding floor pieces attached to the rear seat back would be moved forward from a stowage area under the rear cargo floor or a parcel shelf piece would be manually placed over the open space created by the removal of the rear seat cushions.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the statutes administered by NHTSA, it is the responsibility of the manufacturer to make any necessary classification of vehicles and required certifications and to otherwise ensure that its vehicles meet all regulatory requirements. This letter provides the agency's opinion based on the facts stated above. As discussed below, it is our opinion that the proposed vehicle would not qualify as a light truck under 49 CFR Part 523.5(a)(5).

Section 523.5(a)(5) provides:

(a) A light truck is an automobile other than a passenger automobile which is either designed for off-highway operation, as described in paragraph (b) of this section, or designed to perform at least one of the following functions:

(5) Permit expanded use of the automobile for cargo-carrying purposes or other non-passenger-carrying purposes through the removal of seats by means installed for that purpose by the automobile's manufacturer or with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level, surface extending from the forwardmost point of installation of those seats to the rear of the automobile's interior.

Chapter 329 of Title 49 of the United States Code, "Automobile Fuel Economy" divides automobiles into two categories, "passenger automobiles" and automobiles other than passenger automobiles. Section 32901(16) of Chapter 329 defines passenger automobile as an automobile that is manufactured primarily for transporting not more than 10 individuals, but does not include an automobile capable of off-highway operation. Accordingly, any automobile that is not, by statute or regulation, a passenger automobile, is a non-passenger automobile.

In order to provide vehicle definitions required for administration of the CAFE program, NHTSA issued a notice of proposed rulemaking in December of 1976 (41 FR 55368). The agency proposal sought to add a new part to volume 49 of the Code of Federal Regulations, 49 CFR 523, and contained a detailed analysis of what characteristics it was considering for use in establishing vehicle classifications. In order to properly define these vehicles, the agency examined both the text and the legislative history of the predecessor to Chapter 329, the Motor Vehicle Information and Cost Savings Act (MVICSA). NHTSA concluded that a proper reading of MVICSA and its history indicated that for the purposes of fuel economy passenger vehicles are vehicles that are intended primarily for the transportation of individuals. Vehicles not primarily intended for the transportation of individuals would properly be classified as "non-passenger automobiles." (41 FR 55369)

In examining the spectrum of vehicles then in use, NHTSA noted that certain classes of vehicles might serve both as passenger and non-passenger vehicles at the same time. One of these classes of mixed use vehicles included vans that might be used for transporting both passengers or cargo.

At the time, these vans were constructed on heavy duty truck-like chassis and possessed significant interior volume that gave them carrying capacities similar to, or greater than, contemporary pickup trucks. Noting that these vehicles often had seats that could be easily removed to provide such cargo carrying capacity, the agency observed that vehicles whose design permits easy conversion by removal of the seats to accommodate more than one primary function are not manufactured primarily to transport individuals (41 FR 55370).

The agency noted, however, that although station wagons built on passenger car chassis could be converted to another use by fold-down seats, this characteristic would not be sufficient to remove these vehicles from the passenger car category. Because the seats remain permanently installed, the additional cargo space that is made available when the seats are folded is significantly smaller than that made available when the seats are removed. Furthermore, NHTSA observed that station wagons were built on passenger car chassis rather than truck chassis and did not have load carrying abilities comparable to vans (41 FR 55370).

Your letter does not indicate whether the vehicle you are designing is built on a truck or a passenger car chassis. We note however, that under both configurations that you are currently considering, that only a portion of the rear seat is removed from the vehicle and that the rear seatback is either folded or slid forward to create the cargo area within the vehicle. In both instances a significant portion of the rear seat structure remains inside the vehicle, occupying space that otherwise might be used for cargo. Therefore, while a portion of the seat is removed to increase the vehicle's cargo carrying capacity, a portion of the rear seat structure remains permanently attached to the vehicle. The presence of this seat structure and the reduced cargo carrying capacity that results from the seat back remaining in the vehicle indicate that the vehicle should be classified as a passenger car rather than a non passenger light truck under Part 523.5(a)(5).

This does not constitute an opinion as to whether this vehicle would be classified as a passenger car, multipurpose passenger vehicle, or truck for purposes of the safety standards. We note that the classification of the proposed vehicle for purposes of safety standards would be covered by 49 CPR Part 571.3 rather than Part 523.

If you have any questions, please contact Otto Matheke of this office at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:523
d.3/21/00