[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Notices]
[Pages 40703-40704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19823]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 95-99; Notice 2]


Decision That Certain Nonconforming 1994 Alfa Romeo 164 Passenger 
Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of decision by NHTSA that certain nonconforming 1994 
Alfa Romeo 164 passenger cars are eligible for importation.

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SUMMARY: This notice announces the decision by NHTSA that 1994 Alfa 
Romeo 164 passenger cars manufactured before September 1, 1993, without 
automatic transmissions, that were not originally manufactured to 
comply with all applicable Federal motor vehicle safety standards, are 
eligible for importation into the United States because they are 
substantially similar to a vehicle originally manufactured for 
importation into and sale in the United States and certified by its 
manufacturer as complying with the safety standards (the U.S.-certified 
version of the 1994 Alfa Romeo 164), and they are capable of being 
readily altered to conform to the standards.

DATES: This decision is effective August 5, 1996.

FOR FURTHER INFORMATION CONTACT: George Entwistle, Office of Vehicle 
Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. Sec. 30141(a)(1)(A) (formerly section 
108(c)(3)(A)(i) of the National Traffic and Motor Vehicle Safety Act 
(the Act)), a motor vehicle that was not originally manufactured to 
conform to all applicable Federal motor vehicle safety standards 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. Sec. 30115 (formerly section 114 of 
the Act), 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 Federal motor vehicle safety standards.
    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.
    Liphardt & Associates of Ronkonkoma, New York 
(``Liphardt'')(Registered Importer R-90-004) petitioned NHTSA to decide 
whether 1994 Alfa Romeo 164 passenger cars are eligible for importation 
into the United States. NHTSA published notice of the petition on 
January 4, 1996, (61 FR 367) to afford an opportunity for public 
comment. As stated in the notice of petition, the vehicle which 
Liphardt believes is substantially similar is the 1994 Alfa Romeo 164 
that was manufactured for importation into, and sale in, the United 
States and certified by its manufacturer as conforming to all 
applicable Federal motor vehicle safety standards.
    The petitioner claimed that it carefully compared the non- U.S. 
certified 1994 Alfa Romeo 164 to its U.S. certified counterpart, and 
found the two vehicles to be substantially similar with respect to 
compliance with most Federal motor vehicle safety standards.
    Specifically, the petitioner claimed that the non-U.S. certified 
1994 Alfa Romeo 164 is identical to its U.S. certified counterpart with 
respect to compliance with Standard Nos. 102 Transmission Shift Lever 
Sequence . . . ., 103 Defrosting and Defogging Systems, 104 Windshield 
Wiping and Washing Systems, 105 Hydraulic Brake Systems, 106 Brake 
Hoses, 107 Reflecting Surfaces, 109 New Pneumatic Tires, 111 Rearview 
Mirrors; 113 Hood Latch Systems, 116 Brake Fluid, 118 Power Window 
Systems; 124 Accelerator Control Systems, 201 Occupant Protection in 
Interior Impact, 202 Head Restraints, 203 Impact Protection for the 
Driver From the Steering Control System, 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, 211 Wheel Nuts, Wheel Discs and Hubcaps, 212 
Windshield Retention, 214 Side Impact Protection, 216 Roof Crush 
Resistance, 219 Windshield Zone Intrusion, 301 Fuel System Integrity, 
and 302 Flammability of Interior Materials.
    Additionally, the petitioner stated that the non-U.S. certified 
1994 Alfa Romeo 164 complies with the Bumper Standard found in 49 CFR 
Part 581.
    Petitioner also contended that the vehicle is capable of being 
readily altered to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: (a) substitution of 
appropriate symbols on the brake failure, parking brake, and seat belt 
warning lamps; (b) installation of a U.S.-model speedometer.
     Standard No. 108 Lamps, Reflective Devices and Associated 
Equipment: (a) installation of U.S.- model headlamp assemblies which 
incorporate sealed beam headlamps and front sidemarkers; (b) 
installation of U.S.- model taillamps; (c) installation of a high 
mounted stop lamp.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 114 Theft Protection: installation of a warning buzzer 
in the steering lock electrical circuit.
    Standard No. 115 Vehicle Identification Number: installation of a 
VIN plate that can be read from outside the left windshield pillar, and 
a VIN reference label on the edge of the door or latch post nearest the 
driver.
    Standard No. 208 Occupant Crash Protection: installation of a seat 
belt warning buzzer. The petitioner stated that the vehicle is equipped 
with an air bag and knee bolster that have identical part numbers to 
those found on its U.S.-certified counterpart.
    One comment was received in response to the notice of the petition, 
from Fiat Auto U.S.A., Inc. (Fiat), the United States representative of 
Alfa Lancia Industriale, the vehicle's manufacturer. In its comment, 
Fiat stated that it has devoted a great deal of care in assuring that 
the U.S. certified

[[Page 40704]]

version of the 1994 Alfa Romeo 164 is manufactured in accordance with 
all applicable Federal motor vehicle safety standards. Fiat contended 
that it is not practically feasible to change the body structure of 
this vehicle to comply with U.S. requirements for bumpers, side impact 
protection, fuel system integrity, and occupant crash protection. Fiat 
observed that these changes require a great deal of development and 
testing which are generally beyond the capability and expertise of 
registered importers.
    Fiat additionally challenged the petitioner's claim that the non-
U.S. certified 1994 Alfa Romeo 164 is identical to its U.S. certified 
counterpart with respect to compliance with certain standards. Contrary 
to the petitioner's claim, Fiat stated that the vehicle does not comply 
with Standard No. 105 because it lacks the required brake warning 
light. Fiat also stated that the vehicle does not comply with Standard 
No. 111 because the required warning statement is not etched into the 
passenger's side rearview mirror. Fiat further contended that automatic 
transmission equipped versions of the vehicle do not comply with the 
requirement in Standard No. 114 that removal of the ignition key be 
prevented when the shift lever is in any position other than ``Park.''
    Fiat also claimed that the air bag systems installed in the vehicle 
have a different activation calibration and a different driver's side 
knee bolster than that of its U.S. certified counterpart, giving them 
different performance characteristics. Fiat stated that the air bag 
system has been tested under European rules that permit the use of a 
restrained dummy, but that its compliance with Standard No. 208 has not 
been determined. Additionally, Fiat claimed that the seat belt systems 
installed in the vehicle are of European design, and do not comply with 
Standard No. 209. Fiat also stated that child restraint features 
required by Standard No. 213 are missing from the vehicle's rear seats.
    Fiat observed that the vehicle has different door reinforcements 
than that of its U.S. certified counterpart, and that its compliance 
with Standard No. 214 has never been tested. Fiat also stated that the 
vehicle has a different body structure and fuel tank from that of its 
U.S. certified counterpart, and that it therefore does not comply with 
the fuel system integrity requirements of Standard No. 301. 
Additionally, Fiat contended that the vehicle is not marked as required 
by the Theft Prevention Standard in 49 CFR Part 541. Fiat finally 
asserted that the vehicle has not been tested for compliance with the 
Bumper Standard in 49 CFR Part 581. Fiat noted in this regard that the 
vehicle does not have cross members and shock absorbers that are found 
on its U.S. certified counterpart, nor does it have body structure 
reinforcement to support loading from a U.S. model bumper.
    NHTSA accorded Liphardt an opportunity to respond to Fiat's 
comments. In its response, Liphardt stated that the petition addressed 
the need for a brake warning light as part of the modifications that 
would be made to conform the vehicle to Standard No. 101. With respect 
to the Standard 111 compliance issue raised by Fiat, Liphardt stated 
that the vehicle is equipped with a passenger side rearview mirror that 
has the same part number as the component found on the vehicle's U.S. 
certified counterpart. Liphardt also stated that the requirements in 
Standard No. 114 for automatic transmission equipped vehicles do not 
apply to the vehicle it seeks to import. Liphardt further stated that 
the vehicle is equipped with seat belts, and with an air bag, sensor, 
and knee bolster that have part numbers identical to those of the 
components found on the vehicle's U.S. certified counterpart. Liphardt 
stated that the Standard No. 213 compliance issue raised by Fiat 
involving the absence of child restraint features is satisfied by 
virtue of the fact that the vehicle is equipped with identical seat 
belts and seat belt anchorages as those found on its U.S. certified 
counterpart. Likewise, Liphardt asserted that because the vehicle has 
identical doors, fuel system, and bumpers to those found on its U.S. 
certified counterpart, the Standard No. 214, Standard No. 301, and 
Bumper Standard compliance issues raised by Fiat are not relevant. With 
respect to the Theft Prevention Standard issue raised by Fiat, Liphardt 
stated that the necessary markings will be placed on the vehicle prior 
to importation.
    NHTSA has reviewed each of the issues that Fiat has raised 
regarding Liphardt's petition. NHTSA believes that Liphardt's responses 
adequately address each of those issues. NHTSA further notes that the 
modifications described by Liphardt have been performed with relative 
ease on thousands of nonconforming vehicles imported over the years, 
and would not preclude the non-U.S. certified 1994 Alfa Romeo 164 from 
being found ``capable of being readily altered to comply with 
applicable motor vehicle safety standards.''
    NHTSA has accordingly decided to grant the petition. However, in 
view of Liphardt's statement that the Standard No. 114 compliance issue 
raised by Fiat is inapplicable to the vehicle that it seeks to import 
because that vehicle is not equipped with an automatic transmission, 
only vehicles without automatic transmissions will be eligible for 
importation under this decision. Moreover, because Fiat did not import 
any 1994 Alfa Romeo 164 passenger cars after September 1, 1993, the 
date on which automatic restraints became required for both front 
outboard seating positions, only vehicles manufactured before that date 
will be eligible for importation under this decision.

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-156 is the vehicle eligibility number assigned to vehicles 
admissible under this decision.

Final Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides 
that a 1994 Alfa Romeo 164 manufactured before September 1, 1993, 
without an automatic transmission, that was not originally manufactured 
to comply with all applicable Federal motor vehicle safety standards, 
is substantially similar to a 1994 Alfa Romeo 164 originally 
manufactured before September 1, 1993, without an automatic 
transmission, for importation into and sale in the United States and 
certified under 49 U.S.C. Sec. 30115, and is capable of being readily 
altered to conform to all applicable Federal motor vehicle safety 
standards.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: July 30, 1996.
Marilynne Jacobs,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 96-19823 Filed 8-2-96; 8:45 am]
BILLING CODE 4910-59-P