[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
