81 FR 3859 - Notice of Receipt of Petition for 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 14 (January 22, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3859-3861 | |
| FR Document | 2016-01270 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Notices] [Pages 3859-3861] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01270] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices 3859
Reauthorization Act of 1986 (SARA); equivalent to at least 50 percent of their are .87 percent for 2014 and .90 percent
and Resource Conservation and total number of safety-sensitive for 2015.
Recovery Act (RCRA) (42 U.S.C. 6901– employees for prohibited drug use and The Administrator has also
6992(k)). at least 25 percent for the misuse of determined the random alcohol testing
(Catalog of Federal Domestic Assistance alcohol. However, the rules provide that rate for 2016 will remain at 10 percent
Program Number 20.205, Highway Planning the drug random testing rate may be because the random alcohol violation
and Construction. The regulations lowered to 25 percent if the positive rate rate for the industry was again lower
implementing Executive Order 12372 for the entire transit industry is less than 0.5 percent for the two preceding
regarding intergovernmental consultation on than one percent for two preceding consecutive years. The random alcohol
Federal programs and activities apply to this consecutive years. Once lowered, the rates for the two preceding years are
program.) random rates may be raised to 50 0.14 percent for 2014 and 0.14 percent
Authority: 23 U.S.C. 139(I)(1). percent if the positive rate equals or for 2015.
Issued on: December 9, 2015.
exceeds one percent for any one year Detailed reports on the FTA drug and
(positive rate means the number of alcohol testing data collected from
Peter W. Osborn,
positive results for random drug tests transit employers may be obtained from
Division Administrator, Albany, New York. conducted under 49 CFR 655.45 plus the FTA, Office of Safety and Oversight,
[FR Doc. 2016–00687 Filed 1–21–16; 8:45 am] the number of refusals of random tests 1200 New Jersey Avenue SE.,
BILLING CODE 4910–RY–P required by 49 CFR 655.49, divided by Washington, DC 20590, (202) 366–2010
the total number of random drug tests, or at http://transit-safety.fta.dot.gov/
plus the number of refusals of random publications/Default.aspx.
DEPARTMENT OF TRANSPORTATION tests required by 49 CFR part 655).
Issued in Washington, DC, pursuant to
The alcohol provisions provide that
Federal Transit Administration authority under 49 CFR 1.91.
the random rate may be lowered to 10
percent if the violation rate for the Therese W. McMillan,
Prevention of Alcohol Misuse and Acting Administrator.
Prohibited Drug Use in Transit entire transit industry is less than 0.5
percent for two consecutive years. It [FR Doc. 2016–01222 Filed 1–21–16; 8:45 am]
Operations
will remain at 25 percent if the violation BILLING CODE P
AGENCY: Federal Transit Administration rate is equal to or greater than 0.5
(FTA), DOT. percent but less than one percent, and
ACTION: Notice of random drug and it will be raised to 50 percent if the DEPARTMENT OF TRANSPORTATION
alcohol testing rates for 2016. violation rate is one percent or greater
for any one year (violation rate means National Highway Traffic Safety
SUMMARY: This notice announces the the number of covered employees found Administration
random testing rates for employers during random tests administered under
subject to the Federal Transit 49 CFR 655.45 to have an alcohol [Docket No. NHTSA–2015–0106; Notice 1]
Administration’s (FTA) drug and concentration of .04 or greater, plus the
Notice of Receipt of Petition for
alcohol rules for 2016. number of employees who refuse a
Decision That Nonconforming Model
DATES: Effective Date: January 1, 2016. random test required by 49 CFR 655.49,
Year 2008–2010 Alfa Romeo 8C Spider
FOR FURTHER INFORMATION CONTACT: Iyon divided by the total reported number of
Passenger Cars Are Eligible for
Rosario, Drug and Alcohol Program random alcohol tests plus the total
Importation
Manager for the Office of Safety and number of refusals of random tests
Oversight, 1200 New Jersey Avenue SE., required by 49 CFR part 655). AGENCY: National Highway Traffic
Pursuant to 49 CFR 655.45(b), the Safety Administration (NHTSA),
Washington, DC 20590 (telephone: 202–
Administrator’s decision to increase or Department of Transportation (DOT).
366–2010 or email: Iyon.Rosario@
decrease the minimum annual
dot.gov). ACTION: Receipt of petition.
percentage rate for random drug and
SUPPLEMENTARY INFORMATION: alcohol testing is based, in part, on the SUMMARY: This document announces
On January 1, 1995, FTA required reported positive drug and alcohol receipt by the National Highway Traffic
large transit employers to begin drug violation rates for the entire industry. Safety Administration (NHTSA) of a
and alcohol testing employees The information used for this petition for a decision that model year
performing safety-sensitive functions determination is drawn from the drug (MY) 2008–2010 Alfa Romeo 8C Spider
and submit annual reports by March 15 and alcohol Management Information passenger cars (PC) that were not
of each year beginning in 1996. The System (MIS) reports required by 49 originally manufactured to comply with
annual report includes the number of CFR part 655. In determining the all applicable Federal Motor Vehicle
employees who had a verified positive reliability of the data, the Administrator Safety Standards (FMVSS) are eligible
for the use of prohibited drugs, and the considers the quality and completeness for importation into the United States
number of employees who tested of the reported data, or may obtain because they have safety features that
positive for the misuse of alcohol during additional information or reports from comply with, or are capable of being
the reported year. Small employers employers, and make appropriate altered to comply with, all such
commenced their FTA-required testing modifications in calculating the standards.
on January 1, 1996, and began reporting industry’s verified positive results and
DATES: The closing date for comments
mstockstill on DSK4VPTVN1PROD with NOTICES
the same information as the large violation rates.
employers beginning March 15, 1997. The Administrator has determined the on the petition is February 22, 2016.
The testing rules were updated on random drug testing rate will remain at ADDRESSES: Comments should refer to
August 1, 2001, and established a 25 percent for 2016 due to an industry the docket and notice numbers above
random testing rate for prohibited drugs positive rate lower than 1.0 percent for and be submitted by any of the
and the misuse of alcohol. random drug test data for the two following methods:
The rules require that employers preceding calendar years. The random • Federal eRulemaking Portal: Go to
conduct random drug tests at a rate drug rates for the two preceding years http://www.regulations.gov. Follow the
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![Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices 3861
Standard No. 118 Power-Operated (MY) 2015–2016 Van Hool Double Deck be filed and will be considered to the
Window, Partition, and Roof Panel buses do not fully comply with extent possible.
System: reprogramming the power- paragraph S5.3.4 of Federal Motor When the petition is granted or
operated window, partition, and roof Vehicle Safety Standard (FMVSS) No. denied, notice of the decision will also
panel systems by using the Examiner 121, Air Brake Systems. Van Hool filed be published in the Federal Register
Smart Diagnostic System to change the a report dated November 6, 2015, pursuant to the authority indicated at
country code options. pursuant to 49 CFR part 573, Defect and the end of this notice.
Standard No. 138 Tire Pressure Noncompliance Responsibility and All documents submitted to the
Monitoring Systems: installation of the Reports. Van Hool then petitioned docket may be viewed by anyone at the
U.S.-model tire pressure control unit, NHTSA under 49 CFR part 556 address and times given above. The
antenna, and sensors. In addition, requesting a decision that the subject documents may also be viewed on the
programming of the associated control noncompliance is inconsequential to Internet at http://www.regulations.gov
units by using the Examiner Smart motor vehicle safety. by following the online instructions for
Diagnostic System to change the country accessing the dockets. The docket ID
DATES: The closing date for comments
code options. number for this petition is shown at the
Standard No. 208 Occupant Crash on the petition is February 22, 2016.
heading of this notice.
Protection: installation of U.S.-model ADDRESSES: Interested persons are DOT’s complete Privacy Act
seat occupancy detection control units invited to submit written data, views, Statement is available for review in the
and seat frame sensors and replacement and arguments on this petition. Federal Register published on April 11,
of the air bag ECUs. In addition, Comments must refer to the docket and 2000, (65 FR 19477–78).
reprogramming of all associated control notice number cited in the title of this SUPPLEMENTARY INFORMATION:
systems with U.S.-model software and notice and submitted by any of the
reprogramming of the driver’s seat following methods: I. Overview
controller to activate the safety belt • Mail: Send comments by mail Pursuant to 49 U.S.C. 30118(d) and
warning buzzer using an Examiner addressed to: U.S. Department of 30120(h) (see implementing rule at 49
Smart Diagnostic System. Transportation, Docket Operations, M– CFR part 556), Van Hool submitted a
The petitioner additionally states that 30, West Building Ground Floor, Room petition for an exemption from the
a vehicle identification plate must be W12–140, 1200 New Jersey Avenue SE., notification and remedy requirements of
affixed to the vehicle near the left Washington, DC 20590. 49 U.S.C. Chapter 301 on the basis that
windshield pillar to meet the • Hand Deliver: Deliver comments by this noncompliance is inconsequential
requirements of 49 CFR part 565. hand to: U.S. Department of to motor vehicle safety.
All comments received before the This notice of receipt of Van Hool’s
Transportation, Docket Operations, M–
close of business on the closing date petition is published under 49 U.S.C.
30, West Building Ground Floor, Room
indicated above will be considered, and 30118 and 30120 and does not represent
W12–140, 1200 New Jersey Avenue SE.,
will be available for examination in the any agency decision or other exercise of
Washington, DC 20590. The Docket
docket at the above addresses both judgment concerning the merits of the
Section is open on weekdays from 10
before and after that date. To the extent petition.
a.m. to 5 p.m. except Federal Holidays.
possible, comments filed after the
closing date will also be considered. • Electronically: Submit comments II. Vehicles Involved
Notice of final action on the petition electronically by: logging onto the
Federal Docket Management System Affected are approximately 48 MY
will be published in the Federal 2015–2016 Van Hool Double Deck buses
Register pursuant to the authority (FDMS) Web site at http://
www.regulations.gov/. Follow the online that were manufactured between
indicated below. December 13, 2014 and October 22,
instructions for submitting comments.
Authority: 49 U.S.C. 30141(a)(1)(A), Comments may also be faxed to (202) 2015.
(a)(1)(B), and (b)(1); 49 CFR 593.7; delegation
of authority at 49 CFR 1.95 and 501.8.
493–2251. III. Noncompliance
Comments must be written in the Van Hool explains that the
Jeffrey M. Giuseppe, English language, and be no greater than noncompliance is that brake release
Director, Office of Vehicle Safety Compliance. 15 pages in length, although there is no times slightly exceed the requirements
[FR Doc. 2016–01270 Filed 1–21–16; 8:45 am] limit to the length of necessary as specified in paragraph S5.3.4 of
BILLING CODE 4910–59–P attachments to the comments. If FMVSS No. 121.
comments are submitted in hard copy
form, please ensure that two copies are IV. Rule Text
DEPARTMENT OF TRANSPORTATION provided. If you wish to receive Paragraph S5.3.4 of FMVSS No. 121
confirmation that comments you have requires in pertinent part:
National Highway Traffic Safety submitted by mail were received, please
Administration S5.3.4 Brake Release Time. Each service
enclose a stamped, self-addressed brake system shall meet the requirements of
[Docket No. NHTSA–2015–0122; Notice 1] postcard with the comments. Note that S5.3.1 (a) through (b) . . .
all comments received will be posted
Van Hool N.V., Receipt of Petition for without change to http:// V. Summary of Van Hool’s Petition
Decision of Inconsequential www.regulations.gov, including any Van Hool described the subject
Noncompliance personal information provided.
mstockstill on DSK4VPTVN1PROD with NOTICES
noncompliance and stated its belief that
AGENCY: National Highway Traffic The petition, supporting materials, the noncompliance is inconsequential to
Safety Administration (NHTSA), and all comments received before the motor vehicle safety based on the
Department of Transportation (DOT). close of business on the closing date following reasoning:
ACTION: Receipt of petition.
indicated above will be filed in the (1) Based on the results of testing that
docket and will be considered. All Van Hool conducted on some of the
SUMMARY: Van Hool N.V. (Van Hool), comments and supporting materials affected buses, it determined that the
has determined that certain model year received after the closing date will also brake release times, on average,
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Document Created: 2016-01-22 01:16:38
Document Modified: 2016-01-22 01:16:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Receipt of petition. | |
| Dates | The closing date for comments on the petition is February 22, 2016. | |
| Contact | George Stevens, Office of Vehicle Safety Compliance, NHTSA (202-366-5308). | |
| FR Citation | 81 FR 3859 |
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