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
16 March 2016
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14218-14219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05843]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2015-0106, Notice 2]
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: Grant of petition.
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SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration that certain Model Year (MY) 2008-2010
Alfa Romeo 8C Spider passenger cars (PCs) 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 the 2008 and 2009 model year vehicles are substantially similar
to vehicles that were originally manufactured for importation into and
sale in the United States and certified to all applicable FMVSS (the
U.S-certified version of the 2008-2009 Alfa Romeo 8C Spider PCs), and,
in the case of the 2010 model year vehicles, because those vehicles
have safety features that comply with, or are capable of being altered
to comply with, all applicable FMVSS.
DATES: This decision became effective on March 10, 2016.
ADDRESSES: 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)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
Under 49 U.S.C 30141(a)(1)(B), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided its
safety features comply with, or are capable of being altered to comply
with, all applicable FMVSS based on destructive test data or such other
evidence that 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), petitioned NHTSA to decide
whether MY 2008-2010 Alfa Romeo 8C Spider PCs are eligible for
importation into the United States. NHTSA published a notice of the
petition on January 22, 2016 (81 FR 3859) to afford an opportunity for
public comment. No comments were received in response to this notice.
The reader is referred to the notice for a thorough description of the
petition.
NHTSA Conclusions
In its petition, WETL noted 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
also contends that the non-U.S certified MY 2010 Alfa Romeo 8C Spider
PC shares the same platform with the U.S.-certified MY 2008 and 2009
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 MY 2010 Alfa Romeo 8C Spider PC, the
[[Page 14219]]
petitioner acknowledged that it could not base its petition solely on
the substantial similarity of those vehicles to the U.S.-certified MY
2008 and 2009 Alfa Romeo 8C Spider PC. 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 MY 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.
NHTSA has reviewed the petition and has concluded that the
nonconforming versions of the MY 2008 and 2009 Alfa Romeo 8C Spider PCs
described in the petition are substantially similar to the U.S.-
certified versions of the MY 2008 and 2009 Alfa Romeo 8C Spider PCs and
are capable of being readily altered to comply with all applicable
FMVSS. NHTSA has also concluded that the nonconforming versions of the
MY 2010 Alfa Romeo 8C Spider PCs described in the petition are
comparable to the nonconforming versions of the MY 2008 and 2009 Alfa
Romeo 8C Spider PCs with respect to all applicable FMVSS.
NHTSA has also determined that any RI who imports or modifies one
of these vehicles must include in the statement of conformity and
associated documents (referred to as a ``conformity package'') it
submits to NHTSA under 49 CFR 592.6(d) additional specific proof to
confirm that the vehicle was manufactured to conform to, or was
successfully altered to conform to, FMVSS No. 138 Tire Pressure
Monitoring Systems and FMVSS No. 208 Occupant Protection. This proof
must include detailed descriptions of all modifications made to achieve
conformity with those standards, including a detailed description of
systems in place (if any) on the vehicle at the time it was delivered
to the RI and a similarly detailed description of the systems in place
after the vehicle is altered, including photographs of all required
labeling. The description must also include parts assembly diagrams and
associated part numbers for all components that were removed from or
installed on the vehicle, a description of how any computer programming
changes were completed, and a description of how compliance was
verified after alterations were completed. Photographs (e.g., monitor
print screen captures) or report printouts, as practicable, must be
submitted as proof that any computer reprogramming was carried out
successfully.
In addition to the information specified above, each conformity
package must also include evidence showing how the RI verified that any
changes it made in loading or reprograming vehicle software to achieve
conformity with each separate FMVSS did not cause the vehicle to fall
out of compliance with any other applicable FMVSS.
Decision
Accordingly, on the basis of the foregoing, NHTSA hereby decides
that MY 2010 Alfa Romeo 8C Spider passenger cars that were not
originally manufactured to comply with all applicable FMVSS, are
capable of being altered to conform to all applicable FMVSS.
NHTSA also hereby decides that MY 2008 and 2009 Alfa Romeo 8C
Spider passenger cars that were not originally manufactured to comply
with all applicable FMVSS, are capable of being readily altered to
conform to all applicable FMVSS.
Vehicle Eligibility Number for Subject Vehicles
The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VSP-580 is the vehicle eligibility number assigned to MY 2008 and 2009
Alfa Romeo 8C Spider passenger cars and VCP-61 is assigned to MY 2010
Alfa Romeo 8C Spider passenger cars admissible under this notice of
final decision.
Authority: (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8)
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-05843 Filed 3-15-16; 8:45 am]
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