cruiser54 @ jeep forum gave me some insight that is the only one that makes sence to me so far and I will be contacting JP mag to give them the info and bagger them.

Quote: Absolutely factory. Was there when we did the Pre-delivery Inspections at the dealership. It's not there for clearance either. It's disguised to be there for clearance but was added to the pipes in order to heat up the catalytic converter sooner to please the EPA.

If you are standard height, it will hit in some off-road conditions. With a 2 to 3" lift, you'll be fine. The factory could have put a sweep in that pipe, had no crush, and had tons of clearance but they didn't for the reasons stated in my previous post. I have a local muffler shop make me a downpipe with two 45s in it instead of the 90 like stock.