[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.

[[Page 3861]]

    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]
 BILLING CODE 4910-59-P