81_FR_14269 81 FR 14218 - Decision That Nonconforming Model Year 2008-2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible for Importation

81 FR 14218 - Decision That Nonconforming Model Year 2008-2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible for Importation

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14218-14219
FR Document2016-05843

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.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016) 
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14218-14219]
From the Federal Register Online  [www.thefederalregister.org]
[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]
BILLING CODE 4910-59-P

14218 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices only for alcohol and controlled automated collection techniques or NHTSA has decided that the motor substances. At this time, FRA is adding other forms of information technology. vehicle is substantially similar to a two types of non-controlled substances, A comment to OMB is best assured of motor vehicle originally manufactured tramadol (a synthetic opioid) and having its full effect if OMB receives it for importation into and sale in the sedating antihistamines. Publication of within 30 days of publication of this United States, certified under 49 U.S.C. the PATT Final Rule, however, in no notice in the Federal Register. 30115, and of the same model year as way limits FRA’s post-accident testing Authority: 44 U.S.C. 3501–3520. the model of the motor vehicle to be to the identified substances or in any compared, and is capable of being Issued in Washington, DC, on March 11, way restricts FRA’s ability to make 2016. readily altered to conform to all routine amendments to its standard applicable FMVSS. Erin McCartney, Under 49 U.S.C 30141(a)(1)(B), a post-accident testing panel without Acting Chief Financial Officer. motor vehicle that was not originally prior notice. Furthermore, in addition to [FR Doc. 2016–05924 Filed 3–15–16; 8:45 am] manufactured to conform to all its standard post-accident testing panel, FRA always has the ability to test for BILLING CODE 4910–06–P applicable FMVSS shall be refused ‘‘other impairing substances specified admission into the United States unless by FRA as necessary to the particular NHTSA has decided its safety features DEPARTMENT OF TRANSPORTATION comply with, or are capable of being accident investigation.’’ See 49 CFR 219.211(a). This flexibility is essential, altered to comply with, all applicable National Highway Traffic Safety FMVSS based on destructive test data or since it allows FRA to conduct post- Administration accident tests for any substance (e.g., such other evidence that NHTSA carbon monoxide) that its preliminary [Docket No. NHTSA–2015–0106, Notice 2] decides to be adequate. investigation shows may have played a Petitions for eligibility decisions may role in an accident. Decision That Nonconforming Model be submitted by either manufacturers or Year 2008–2010 Alfa Romeo 8C Spider importers who have registered with FRA uses the additional information Passenger Cars Are Eligible for NHTSA pursuant to 49 CFR part 592. As collected for research and accident Importation specified in 49 CFR 593.7, NHTSA investigation purposes. The addition of non-controlled substances to the post- publishes notice in the Federal Register AGENCY: National Highway Traffic accident testing panel helps inform FRA of each petition that it receives, and Safety Administration (NHTSA), about a broader range of potentially affords interested persons an Department of Transportation (DOT). opportunity to comment on the petition. impairing prescription and OTC drugs ACTION: Grant of petition. At the close of the comment period, that may be currently contributing to the SUMMARY: This document announces a NHTSA decides, on the basis of the cause or severity of train accidents/ decision by the National Highway petition and any comments that it has incidents. Research generated by these Traffic Safety Administration that received, whether the vehicle is eligible data will inform future agency policy certain Model Year (MY) 2008–2010 for importation. The agency then decisions regarding these non- Alfa Romeo 8C Spider passenger cars publishes this decision in the Federal controlled substances. (PCs) that were not originally Register. Type of Request: Extension without Wallace Environmental Testing change of a currently approved manufactured to comply with all applicable Federal Motor Vehicle Safety Laboratories (WETL), Inc. of Houston, information collection. Texas (Registered Importer R–90–005), Form(s): N/A. Standards (FMVSS) are eligible for importation into the United States petitioned NHTSA to decide whether Total Annual Estimated Responses: MY 2008–2010 Alfa Romeo 8C Spider 32. because the 2008 and 2009 model year vehicles are substantially similar to PCs are eligible for importation into the Total Annual Estimated Burden: 5 United States. NHTSA published a hours. vehicles that were originally manufactured for importation into and notice of the petition on January 22, Addressee: Send comments regarding 2016 (81 FR 3859) to afford an these information collections to the sale in the United States and certified to all applicable FMVSS (the U.S-certified opportunity for public comment. No Office of Information and Regulatory comments were received in response to Affairs, Office of Management and version of the 2008–2009 Alfa Romeo 8C Spider PCs), and, in the case of the this notice. The reader is referred to the Budget, 725 Seventeenth Street NW., notice for a thorough description of the Washington, DC 20503, Attention: FRA 2010 model year vehicles, because those vehicles have safety features that petition. Desk Officer. Comments may also be sent via email to OMB at the following comply with, or are capable of being NHTSA Conclusions address: oira_submissions@ altered to comply with, all applicable In its petition, WETL noted that the omb.eop.gov. FMVSS. original manufacturer, Alfa Romeo, Comments are invited on the DATES: This decision became effective certified the MY 2008 and 2009 8C following: Whether the proposed on March 10, 2016. Spider PCs to all applicable FMVSS and collections of information are necessary ADDRESSES: For further information offered those vehicles for sale in the for the proper performance of the contact George Stevens, Office of United States. WETL also contends that functions of the Department, including Vehicle Safety Compliance, NHTSA the non-U.S certified MY 2010 Alfa whether the information will have (202–366–5308). Romeo 8C Spider PC shares the same mstockstill on DSK4VPTVN1PROD with NOTICES practical utility; the accuracy of the SUPPLEMENTARY INFORMATION: platform with the U.S.-certified MY Department’s estimates of the burden of 2008 and 2009 Alfa Romeo 8C Spider the proposed information collections; Background PC, and on that basis compares the non- ways to enhance the quality, utility, and Under 49 U.S.C. 30141(a)(1)(A), a U.S. certified model to those vehicles to clarity of the information to be motor vehicle that was not originally establish its conformity with many collected; and ways to minimize the manufactured to conform to all applicable FMVSS. Because there is no burden of the collections of information applicable FMVSS shall be refused U.S.-certified counterpart for the MY on respondents, including the use of admission into the United States unless 2010 Alfa Romeo 8C Spider PC, the VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1

Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices 14219 petitioner acknowledged that it could completed. Photographs (e.g., monitor Materials Safety Administration, not base its petition solely on the print screen captures) or report (PHMSA), DOT. substantial similarity of those vehicles printouts, as practicable, must be to the U.S.-certified MY 2008 and 2009 submitted as proof that any computer ACTION: List of applications for special Alfa Romeo 8C Spider PC. Instead, the reprogramming was carried out permits. petitioner chose to establish import successfully. eligibility on the basis that the vehicles In addition to the information SUMMARY: In accordance with the have safety features that comply with, or specified above, each conformity procedures governing the application are capable of being modified to comply package must also include evidence for, and the processing of, special with, the FMVSS based on destructive showing how the RI verified that any permits from the Department of test data or such other evidence that changes it made in loading or Transportation’s Hazardous Material NHTSA decides to be adequate as set reprograming vehicle software to Regulations (49 CFR part 107, subpart forth in 49 U.S.C. 30141(a)(1)(B). achieve conformity with each separate B), notice is hereby given that the Office Nevertheless, the petitioner contends FMVSS did not cause the vehicle to fall of Hazardous Materials Safety has that the non-U.S. certified MY 2010 Alfa out of compliance with any other received the application described Romeo 8C Spider PCs use the same applicable FMVSS. herein. Each mode of transportation for components as the U.S.-certified MY which a particular special permit is 2008 and 2009 Alfa Romeo 8C Spider Decision requested is indicated by a number in PCs in virtually all of the systems Accordingly, on the basis of the the ‘‘Nature of Application’’ portion of subject to applicable FMVSS. foregoing, NHTSA hereby decides that the table below as follows: 1—Motor NHTSA has reviewed the petition and MY 2010 Alfa Romeo 8C Spider has concluded that the nonconforming passenger cars that were not originally vehicle, 2—Rail freight, 3—Cargo vessel, versions of the MY 2008 and 2009 Alfa manufactured to comply with all 4—Cargo aircraft only, 5—Passenger- Romeo 8C Spider PCs described in the applicable FMVSS, are capable of being carrying aircraft. petition are substantially similar to the altered to conform to all applicable DATES: Comments must be received on U.S.-certified versions of the MY 2008 FMVSS. or before April 15, 2016. and 2009 Alfa Romeo 8C Spider PCs NHTSA also hereby decides that MY and are capable of being readily altered 2008 and 2009 Alfa Romeo 8C Spider Address Comments To: Record to comply with all applicable FMVSS. passenger cars that were not originally Center, Pipeline and Hazardous NHTSA has also concluded that the manufactured to comply with all Materials Safety Administration, U.S. nonconforming versions of the MY 2010 applicable FMVSS, are capable of being Department of Transportation, Alfa Romeo 8C Spider PCs described in readily altered to conform to all Washington, DC 20590. the petition are comparable to the applicable FMVSS. Comments should refer to the nonconforming versions of the MY 2008 application number and be submitted in Vehicle Eligibility Number for Subject and 2009 Alfa Romeo 8C Spider PCs triplicate. If confirmation of receipt of with respect to all applicable FMVSS. Vehicles comments is desired, include a self- NHTSA has also determined that any The importer of a vehicle admissible addressed stamped postcard showing RI who imports or modifies one of these under any final decision must indicate the special permit number. vehicles must include in the statement on the form HS–7 accompanying entry of conformity and associated documents the appropriate vehicle eligibility FOR FURTHER INFORMATION CONTACT: (referred to as a ‘‘conformity package’’) number indicating that the vehicle is Ryan Paquet, Director, Office of it submits to NHTSA under 49 CFR eligible for entry. VSP–580 is the Hazardous Materials Approvals and 592.6(d) additional specific proof to vehicle eligibility number assigned to Permits Division, Pipeline and confirm that the vehicle was MY 2008 and 2009 Alfa Romeo 8C Hazardous Materials Safety manufactured to conform to, or was Spider passenger cars and VCP–61 is Administration, U.S. Department of successfully altered to conform to, assigned to MY 2010 Alfa Romeo 8C Transportation, East Building, PHH–30, FMVSS No. 138 Tire Pressure Spider passenger cars admissible under 1200 New Jersey Avenue Southeast, Monitoring Systems and FMVSS No. this notice of final decision. Washington, DC 20590–0001, (202)366– 208 Occupant Protection. This proof Authority: (49 U.S.C. 30118, 30120: 4535. must include detailed descriptions of all delegations of authority at 49 CFR 1.95 and modifications made to achieve 501.8) Copies of the applications are conformity with those standards, available for inspection in the Records including a detailed description of Jeffrey M. Giuseppe, Center, East Building, PHH–30, 1200 systems in place (if any) on the vehicle Director, Office of Vehicle Safety Compliance. New Jersey Avenue Southeast, at the time it was delivered to the RI and [FR Doc. 2016–05843 Filed 3–15–16; 8:45 am] Washington, DC or at http:// a similarly detailed description of the BILLING CODE 4910–59–P regulations.gov. systems in place after the vehicle is This notice of receipt of applications altered, including photographs of all for special permit is published in required labeling. The description must DEPARTMENT OF TRANSPORTATION accordance with Part 107 of the Federal also include parts assembly diagrams Pipeline and Hazardous Materials hazardous materials transportation law and associated part numbers for all Safety Administration (49 U.S.C. 5117(b); 49 CFR I.53(b)). mstockstill on DSK4VPTVN1PROD with NOTICES components that were removed from or installed on the vehicle, a description of Issued in Washington, DC, on January 28, Hazardous Materials: Notice of 2016. how any computer programming Application for Special Permits changes were completed, and a Don Burger, description of how compliance was AGENCY: Office of Hazardous Materials Chief, General Approvals and Permits. verified after alterations were Safety, Pipeline and Hazardous VerDate Sep<11>2014 18:11 Mar 15, 2016 Jkt 238001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1


Document Created: 2016-03-15 23:44:01
Document Modified: 2016-03-15 23:44:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant of petition.
DatesThis decision became effective on March 10, 2016.
FR Citation81 FR 14218 
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