nht88-4.18 | NHTSA

TYPE: INTERPRETATION-NHTSA

DATE: NOVEMBER 28, 1988

FROM: GEORGE F. BALL -- GM OFFICE OF THE GENERAL COUNSEL

TO: ERIKA Z. JONES, -- CHIEF COUNSEL-NHTSA

TITLE: PART 571.3 VEHICLE CLASSIFICATION OF THE GM 200

ATTACHMT: DECEMBER 21, 1988 LETTER FROM JONES TO BALL

TEXT: On November 21, 1988, representatives of General Motors Corporation (GM) met with you and other NHTSA personnel to review GM's bases for classifying the passenger van versions of its GM 200 minivan family as multipurpose passenger vehicles (MPVs) under 4 9 C.F.R. Part 571.3. The purpose of this letter is to summarize that presentation and to seek your concurrence with our determination. You will recall that "GM 200" is the program designation for the entire minivan family, and that the cargo van version of that family will be classified as a truck under Part 571.3.

Pre-introduction publicity relating to this vehicle family has made reference to the GM 200 being launched from the GM "A" car platform. Although the GM 200 will share some of the "A" car front wheel drive components, the common chassis used in the carg o and passenger van versions of the GM 200 is unique from the "A" car chassis and its unique features make it more suitable for commercial usage than a passenger car chassis. In this regard, the GM 200 cargo van version and the passenger van with its re ar seats removed will have approximately 95 percent greater cargo-carrying volume than an "A" car station wagon.

With respect to pertinent definitions in the Federal Motor Vehicle Safety Standards and NHTSA interpretations, the definition of "multipurpose passenger vehicle" in Part 571.3 provides that an MPV is "a motor vehicle with motive power, except a trailer, designed to carry 10 persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation." As we indicated during our meeting; the focus of our vehicle classification was based on the "truck chassis" alternative of the definition.

Although "truck chassis" is not defined in the regulations, the NHTSA indicated in the December 1, 1983 interpretation letter to Mazda that:

The "chassis" of a vehicle includes the vehicle's power train as well as its entire load structure. In the case of a vehicle using unibody construction, this load supporting structure would technically include the floor pan.

The fact that a common chassis is used in a family of vehicles, one member of which is classified as a "truck," is evidence that the common chassis is a "truck chassis." However, further evidence is needed to demonstrate that the chassis has truck att ributes, such as information showing the design to be more suitable for heavy duty, commercial operation than a passenger car chassis.

With these criteria in mind, GM concluded that the passenger van versions of the GM 200 minivan are appropriately classified as MPVs because the GM 200 minivan family is constructed on a "truck chassis." In this regard, "truck attributes" of the GM 200 c hassis which make it more suitable for commercial use than a passenger car chassis include:

1. An integrated ladder-type frame with full-length longitudinal rails and supporting cross-members;

2. An extended width rear axle;

3. A specific truck family powertrain certified to comply with light-duty truck emission standards, including the 11-year, 120,000 mile "useful life" requirements; and

4. A flat load floor.

As further evidence that the GM 200 chassis is a "truck chassis," a cargo van version will be marketed and sold by Chevrolet to compete in the commercial truck market. As we demonstrated during our presentation and through the review of a prototype of t he cargo van, this truck version of the GM 200 minivan family has commercial use characteristics not available in a passenger car.

We also showed at the November 21 meeting through an analysis performed by Failure Analysis Associates, that minivans classified as MPVs have certain similar chassis and body characteristics. In this connection, Failure Analysis Associates concluded fro m its review of the GM 200 and nine competitive MPVs that the GM 200 has a frame construction similar to these MPVs and falls within the range of chassis and body measurements exhibited by such competitive vehicles.

In summary, the passenger van versions of the GM 200 minivan family are constructed on a "truck chassis," and are, therefore, appropriately classified as "multipurpose passenger vehicles" pursuant to 49 C.F.R. Part 571.3, inasmuch as: (1) the GM 200 fami ly of vehicles uses a common chassis which has "truck attributes" which make it more suitable for commercial use than a passenger car chassis; (2) a cargo van version will be produced to compete in the commercial truck market; and (3) the physical chassi s and body characteristics of the GM 200 fall within the range exhibited by competitive MPVs.

Due to the confidential and proprietary nature of the future product information and the product comparisons included in certain slides presented at the November 21 meeting and attached to this letter, GM requests that they be afforded confidential treat ment by the NHTSA and Department of Transportation until the GM 200 family of vehicles is made available for sale to the public.

Future product plans, descriptions and comparisons of future products with competitive vehicles are "trade secrets" within the meaning of Section 1905 of Title 18 of the United States Code, entitled to confidential treatment pursuant to Section 552(b)(4) of Title 5 of the United States Code (Exemption 4 of the Freedom of Information Act) and Section 112(e) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended and implemented in Part 512 of Title 49 of the Code of Federal Regulations.

The specific slides for which confidential treatment is being requested have been labeled "GM CONFIDENTIAL". The information contained in these slides is not customarily made public by GM. The disclosure to the public of GM's future product plans, desc riptions and comparisons with competitive vehicles is likely to result in significant competitive harm to GM. Furthermore, GM believes that this information falls within the "Class Determinations" in Appendix B to 49 C.F.R. Part 512 which the NHTSA has concluded would presumptively result in significant competitive damage to the submitter.

Pursuant to 49 C.F.R. Part 512.4(e), an affidavit in support of this assertion of confidentiality is also attached. If you should disagree with our position that these documents are entitled to confidential treatment, we would appreciate the opportunity to provide you with a further explanation and to address any concerns you may have.

We trust that the information contained in this letter and presented at the November 21 meeting will provide a sufficient basis for the NHTSA to concur with GM's determination regarding the vehicle classification of the GM 200. However, please contact m e if I can be of any further assistance to you in this matter.

Attachments

(Affidavit Omitted.)

Interpretation ID: nht88-4.18