Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008-2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible for Importation |
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Topics: Alfa Romeo 8C
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Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
January 22, 2016
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3859-3861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01270]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0106; Notice 1]
Notice of Receipt of Petition for Decision That Nonconforming
Model Year 2008-2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible
for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
model year (MY) 2008-2010 Alfa Romeo 8C Spider passenger cars (PC) that
were not originally manufactured to comply with all applicable Federal
Motor Vehicle Safety Standards (FMVSS) are eligible for importation
into the United States because they have safety features that comply
with, or are capable of being altered to comply with, all such
standards.
DATES: The closing date for comments on the petition is February 22,
2016.
ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
[[Page 3860]]
online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
How to read comments submitted to the docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.
FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA (202-366-5308).
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 30141(a)(1)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS, and has no
substantially similar U.S.-certified counterpart, shall be refused
admission into the United States unless NHTSA has decided that the
motor vehicle has safety features that comply with, or are capable of
being altered to comply with, all applicable FMVSS based on destructive
test data or such other evidence as NHTSA decides to be adequate.
Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
Wallace Environmental Testing Laboratories (WETL), Inc. of Houston,
Texas (Registered Importer R-90-005) has petitioned NHTSA to decide
whether nonconforming 2008-2010 Alfa Romeo 8C Spider PCs are eligible
for importation into the United States.
In its petition, WETL notes that the original manufacturer, Alfa
Romeo, certified the MY 2008 and 2009 8C Spider PCs to all applicable
FMVSS and offered those vehicles for sale in the United States. WETL
contends that the non-U.S certified MY 2010 Alfa Romeo 8C Spider PC
shares the same platform with the U.S.-certified 2008 and 2009 model
Alfa Romeo 8C Spider PC, and on that basis compares the non-U.S.
certified model to those vehicles to establish its conformity with many
applicable FMVSS. Because there is no U.S.-certified counterpart for
the 2010 Alfa Romeo 8C Spider PC, the petitioner acknowledged that it
could not base its petition solely on the substantial similarity of
those vehicles to the U.S.-certified 2008 and 2009 Alfa Romeo 8C Spider
PC in light of the petitioning requirements of 49 U.S.C.
30141(a)(1)(A), as set forth in 49 CFR part 593. Instead, the
petitioner chose to establish import eligibility on the basis that the
vehicles have safety features that comply with, or are capable of being
modified to comply with, the FMVSS based on destructive test data or
such other evidence that NHTSA decides to be adequate as set forth in
49 U.S.C. 30141(a)(1)(B). Nevertheless, the petitioner contends that
the non-U.S. certified 2010 Alfa Romeo 8C Spider PCs use the same
components as the U.S.-certified MY 2008 and 2009 Alfa Romeo 8C Spider
PCs in virtually all of the systems subject to applicable FMVSS.
WETL submitted information with its petition intended to
demonstrate that non-U.S. certified MY 2008 and 2009 Alfa Romeo 8C
Spider PCs conform to many FMVSS and are capable of being altered to
comply with all other standards to which they were not originally
manufactured to conform.
Specifically, the petitioner claims that non-U.S. certified MY
2008, 2009 and 2010 Alfa Romeo 8C Spider PCs, as originally
manufactured, conform to: Standard Nos. 102 Transmission Shift Lever
Sequence, Starter Interlock, and Transmission Braking Effect, 103
Windshield Defrosting and Defogging Systems, 104 Windshield Wiping and
Washing Systems, 106 Brake Hoses, 113 Hood Latch System, 116 Motor
Vehicle Brake Fluids, 124 Accelerator Control Systems, 126 Electronic
Stability Control Systems, 135 Passenger Car Brake Systems, 201
Occupant Protection in Interior Impact, 202 Head Restraints, 204
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door
Locks and Door Retention Components, 207 Seating Systems, 209 Seat Belt
Assemblies: 210 Seat Belt Assembly Anchorages, 212 Windshield Mounting,
214 Side Impact Protection, 216 Roof Crush Resistance, 219 Windshield
Zone Intrusion, 225 Child Restraint Anchorage Systems, 301 Fuel System
Integrity, 302 Flammability of Interior Materials, and 401 Interior
Trunk Release.
The petitioner also contends that the subject non-U.S. certified
vehicles are capable of being readily altered to meet the following
standards, in the manner indicated:
Standard No. 101 Controls and Displays: replacement of the
instrument cluster with the U.S.-model component.
Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: replacement of the headlamps, and the front and rear side
marker lamps with U.S.-conforming components.
Standard No. 110 Tire Selection and Rims: installation of the
required tire information placard.
Standard No. 111 Rearview Mirrors: inscription of the required
warning statement on the face of the passenger mirror.
Standard No. 114 Theft Protection: reprogramming the theft
protection control system by using the Examiner Smart Diagnostic System
to change the country code options. In addition, there would be a need
for installation of a key buzzer warning system to meet the
requirements of the standard.
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Standard No. 118 Power-Operated Window, Partition, and Roof Panel
System: reprogramming the power-operated window, partition, and roof
panel systems by using the Examiner Smart Diagnostic System to change
the country code options.
Standard No. 138 Tire Pressure Monitoring Systems: installation of
the U.S.-model tire pressure control unit, antenna, and sensors. In
addition, programming of the associated control units by using the
Examiner Smart Diagnostic System to change the country code options.
Standard No. 208 Occupant Crash Protection: installation of U.S.-
model seat occupancy detection control units and seat frame sensors and
replacement of the air bag ECUs. In addition, reprogramming of all
associated control systems with U.S.-model software and reprogramming
of the driver's seat controller to activate the safety belt warning
buzzer using an Examiner Smart Diagnostic System.
The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicle near the left windshield pillar to
meet the requirements of 49 CFR part 565.
All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-01270 Filed 1-21-16; 8:45 am]
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