Nat’l Highway Traffic Safety Admin., DOT § 523.2 ATTACHMENT 2—AREAS OF ENVIRON- to which its earlier comments were consid- MENTAL IMPACT AND FEDERAL AGEN- ered in preparing the draft statement. 4. The clearinghouses may also be used, by CIES AND FEDERAL-STATE AGENCIES mutual agreement, for securing reviews of WITH JURISDICTION BY LAW OR SPE- the draft environmental impact statement. CIAL EXPERTISE TO COMMENT However, the Federal agency may wish to THEREON deal directly with appropriate State or local agencies in the review of impact statements EDITORIAL NOTE: Filed as part of the origi- because the clearinghouses may be unwilling nal document. For text see 39 FR 32546, Sept. or unable to handle this phase of the process. 30, 1975. In some cases, the Governor may have des- ignated a specific agency, other than the ATTACHMENT 3—OFFICES WITHIN FED- clearinghouse, for securing reviews of impact statements. In any case, the clearinghouses ERAL AGENCIES AND FEDERAL-STATE should be sent copies of the impact state- AGENCIES FOR INFORMATION RE- ment. GARDING THE AGENCIES’ IMPACT 5. To aid clearinghouses in coordinating STATEMENTS FOR WHICH COMMENTS State and local comments, draft statements ARE REQUESTED should include copies of State and local agency comments made earlier under the A– 95 process and should indicate on the sum- EDITORIAL NOTE: Filed as part of the origi- nal document. For text see 39 FR 35248, Sept. mary sheet those other agencies from which comments have been requested, as specified 30, 1975. in Attachment 1. ATTACHMENT 4—STATE AND LOCAL AGENCY REVIEW OF IMPACT STATEMENTS PART 523—VEHICLE CLASSIFICATION 1. OBM Revised Circular No. A–95 through its system of clearinghouses provides a Sec. means for securing the views of State and 523.1 Scope. local environmental agencies, which can as- 523.2 Definitions. sist in the preparation of impact statements. 523.3 Automobile. Under A–95, review of the proposed project in 523.4 Passenger automobile. the case of federally assisted projects (Part I 523.5 Non-passenger automobile. of A–95) generally takes place prior to the 523.6 Heavy-duty vehicle. preparation of the impact statement. There- 523.7 Heavy-duty pickup trucks and vans. fore, comments on the environmental effects 523.8 Heavy-duty vocational vehicle. of the proposed project that are secured dur- 523.9 Truck tractors. ing this stage of the A–95 process represent inputs to the environmental impact state- AUTHORITY: 49 U.S.C. 32901, delegation of ment. authority at 49 CFR 1.50. 2. In the case of direct Federal develop- ment (Part II of A–95), Federal agencies are § 523.1 Scope. required to consult with clearinghouses at This part establishes categories of the earliest practicable time in the planning vehicles that are subject to title V of of the project or activity. Where such con- the Motor Vehicle Information and sultation occurs prior to completion of the Cost Savings Act, 15 U.S.C. 2001 et seq. draft impact statement, comments relating to the environmental effects of the proposed (Sec. 301, Pub. L. 94–163, 80 Stat. 901 (15 action would also represent inputs to the en- U.S.C. 2001)) vironmental impact statement. [42 FR 38362, July 28, 1977] 3. In either case, whatever comments are made on environmental effects of proposed § 523.2 Definitions. Federal or federally assisted projects by clearinghouses, or by State and local envi- Approach angle means the smallest ronmental agencies through clearinghouses, angle, in a plane side view of an auto- in the course of the A–95 review should be at- mobile, formed by the level surface on tached to the draft impact statement when which the automobile is standing and a it is circulated for review. Copies of the line tangent to the front tire static statement should be sent to the agencies loaded radius arc and touching the un- making such comments. Whether those agen- derside of the automobile forward of cies then elect to comment again on the basis of the draft impact statement is a mat- the front tire. ter to be left to the discretion of the com- Axle clearance means the vertical dis- menting agency depending on its resources, tance from the level surface on which the significance of the project and the extent an automobile is standing to the lowest 83 VerDate Mar<15>2010 18:42 Dec 22, 2011 Jkt 223219 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Q:\49\X49\223219.XXX ofr150 PsN: PC150 § 523.2 49 CFR Ch. V (10–1–11 Edition) point on the axle differential of the the camber angle. For purposes of this automobile. definition, wheelbase is the longitu- Base tire means the tire specified as dinal distance between front and rear standard equipment by a manufacturer wheel centerlines. on each vehicle configuration of a Gross vehicle weight rating means the model type. value specified by the manufacturer as Basic vehicle frontal area is used as de- the loaded weight of a single vehicle. fined in 40 CFR 86.079–2. Light truck means a non-passenger Breakover angle means the supple- automobile as defined in § 523.5. ment of the largest angle, in the plan Medium duty passenger vehicle means side view of an automobile, that can be a vehicle which would satisfy the cri- formed by two lines tangent to the teria in § 523.5 (relating to light trucks) front and rear static loaded radii arcs but for its gross vehicle weight rating and intersecting at a point on the un- or its curb weight, which is rated at derside of the automobile. more than 8,500 lbs GVWR or has a ve- Cargo-carrying volume means the lug- hicle curb weight of more than 6,000 gage capacity or cargo volume index, pounds or has a basic vehicle frontal as appropriate, and as those terms are area in excess of 45 square feet, and defined in 40 CFR 600.315, in the case of which is designed primarily to trans- automobiles to which either of those port passengers, but does not include a terms apply. With respect to auto- vehicle that: mobiles to which neither of those (1) Is an ‘‘incomplete truck’’ as de- terms apply ‘‘cargo-carrying volume’’ fined in this subpart; or means the total volume in cubic feet (2) Has a seating capacity of more rounded to the nearest 0.1 cubic feet of than 12 persons; or either an automobile’s enclosed non- (3)Is designed for more than 9 persons seating space that is intended pri- in seating rearward of the driver’s seat; marily for carrying cargo and is not ac- or cessible from the passenger compart- (4) Is equipped with an open cargo ment, or the space intended primarily area (for example, a pick-up truck box for carrying cargo bounded in the front or bed) of 72.0 inches in interior length by a vertical plane that is perpen- or more. A covered box not readily ac- dicular to the longitudinal centerline cessible from the passenger compart- of the automobile and passes through ment will be considered an open cargo the rearmost point on the rearmost area for purposes of this definition. seat and elsewhere by the automobile’s Passenger-carrying volume means the interior surfaces. sum of the front seat volume and, if Curb weight is defined the same as ve- any, rear seat volume, as defined in 40 hicle curb weight in 40 CFR part 86. CFR 600.315, in the case of automobiles Departure angle means the smallest to which that term applies. With re- angle, in a plane side view of an auto- spect to automobiles to which that mobile, formed by the level surface on term does not apply, ‘‘passenger-car- which the automobile is standing and a rying volume’’ means the sum in cubic line tangent to the rear tire static feet, rounded to the nearest 0.1 cubic loaded radius arc and touching the un- feet, of the volume of a vehicle’s front derside of the automobile rearward of seat and seats to the rear of the front the rear tire. seat, as applicable, calculated as fol- Footprint is defined as the product of lows with the head room, shoulder track width (measured in inches, cal- room, and leg room dimensions deter- culated as the average of front and rear mined in accordance with the proce- track widths, and rounded to the near- dures outlined in Society of Auto- est tenth of an inch) times wheelbase motive Engineers Recommended Prac- (measured in inches and rounded to the tice J1100a, Motor Vehicle Dimensions nearest tenth of an inch), divided by (Report of Human Factors Engineering 144 and then rounded to the nearest Committee, Society of Automotive En- tenth of a square foot. For purposes of gineers, approved September 1973 and this definition, track width is the lat- last revised September 1975). eral distance between the centerlines (a) For front seat volume, divide 1,728 of the base tires at ground, including into the product of the following SAE 84 VerDate Mar<15>2010 18:42 Dec 22, 2011 Jkt 223219 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Q:\49\X49\223219.XXX ofr150 PsN: PC150 Nat’l Highway Traffic Safety Admin., DOT § 523.2, Nt. dimensions, measured in inches to the the user, the revised text is set forth as fol- nearest 0.1 inches, and round the lows: quotient to the nearest 0.001 cubic feet. § 523.2 Definitions. (1) H61-Effective head room—front. As used in this part: (2) W3-Shoulder room—front.