Notice of Receipt of Petition for Decision That Nonconforming Model Year 2008-2010 Alfa Romeo 8C Spider Passenger Cars Are Eligible for Importation, 3859-3861 [2016-01270]
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
Reauthorization Act of 1986 (SARA);
and Resource Conservation and
Recovery Act (RCRA) (42 U.S.C. 6901–
6992(k)).
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(I)(1).
Issued on: December 9, 2015.
Peter W. Osborn,
Division Administrator, Albany, New York.
[FR Doc. 2016–00687 Filed 1–21–16; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit
Operations
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of random drug and
alcohol testing rates for 2016.
AGENCY:
This notice announces the
random testing rates for employers
subject to the Federal Transit
Administration’s (FTA) drug and
alcohol rules for 2016.
DATES: Effective Date: January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Iyon
Rosario, Drug and Alcohol Program
Manager for the Office of Safety and
Oversight, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone: 202–
366–2010 or email: Iyon.Rosario@
dot.gov).
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
On January 1, 1995, FTA required
large transit employers to begin drug
and alcohol testing employees
performing safety-sensitive functions
and submit annual reports by March 15
of each year beginning in 1996. The
annual report includes the number of
employees who had a verified positive
for the use of prohibited drugs, and the
number of employees who tested
positive for the misuse of alcohol during
the reported year. Small employers
commenced their FTA-required testing
on January 1, 1996, and began reporting
the same information as the large
employers beginning March 15, 1997.
The testing rules were updated on
August 1, 2001, and established a
random testing rate for prohibited drugs
and the misuse of alcohol.
The rules require that employers
conduct random drug tests at a rate
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Jkt 238001
equivalent to at least 50 percent of their
total number of safety-sensitive
employees for prohibited drug use and
at least 25 percent for the misuse of
alcohol. However, the rules provide that
the drug random testing rate may be
lowered to 25 percent if the positive rate
for the entire transit industry is less
than one percent for two preceding
consecutive years. Once lowered, the
random rates may be raised to 50
percent if the positive rate equals or
exceeds one percent for any one year
(positive rate means the number of
positive results for random drug tests
conducted under 49 CFR 655.45 plus
the number of refusals of random tests
required by 49 CFR 655.49, divided by
the total number of random drug tests,
plus the number of refusals of random
tests required by 49 CFR part 655).
The alcohol provisions provide that
the random rate may be lowered to 10
percent if the violation rate for the
entire transit industry is less than 0.5
percent for two consecutive years. It
will remain at 25 percent if the violation
rate is equal to or greater than 0.5
percent but less than one percent, and
it will be raised to 50 percent if the
violation rate is one percent or greater
for any one year (violation rate means
the number of covered employees found
during random tests administered under
49 CFR 655.45 to have an alcohol
concentration of .04 or greater, plus the
number of employees who refuse a
random test required by 49 CFR 655.49,
divided by the total reported number of
random alcohol tests plus the total
number of refusals of random tests
required by 49 CFR part 655).
Pursuant to 49 CFR 655.45(b), the
Administrator’s decision to increase or
decrease the minimum annual
percentage rate for random drug and
alcohol testing is based, in part, on the
reported positive drug and alcohol
violation rates for the entire industry.
The information used for this
determination is drawn from the drug
and alcohol Management Information
System (MIS) reports required by 49
CFR part 655. In determining the
reliability of the data, the Administrator
considers the quality and completeness
of the reported data, or may obtain
additional information or reports from
employers, and make appropriate
modifications in calculating the
industry’s verified positive results and
violation rates.
The Administrator has determined the
random drug testing rate will remain at
25 percent for 2016 due to an industry
positive rate lower than 1.0 percent for
random drug test data for the two
preceding calendar years. The random
drug rates for the two preceding years
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3859
are .87 percent for 2014 and .90 percent
for 2015.
The Administrator has also
determined the random alcohol testing
rate for 2016 will remain at 10 percent
because the random alcohol violation
rate for the industry was again lower
than 0.5 percent for the two preceding
consecutive years. The random alcohol
rates for the two preceding years are
0.14 percent for 2014 and 0.14 percent
for 2015.
Detailed reports on the FTA drug and
alcohol testing data collected from
transit employers may be obtained from
the FTA, Office of Safety and Oversight,
1200 New Jersey Avenue SE.,
Washington, DC 20590, (202) 366–2010
or at https://transit-safety.fta.dot.gov/
publications/Default.aspx.
Issued in Washington, DC, pursuant to
authority under 49 CFR 1.91.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2016–01222 Filed 1–21–16; 8:45 am]
BILLING CODE P
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
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
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.
SUMMARY:
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
https://www.regulations.gov. Follow the
DATES:
E:\FR\FM\22JAN1.SGM
22JAN1
mstockstill on DSK4VPTVN1PROD with NOTICES
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
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 https://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 https://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
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16:59 Jan 21, 2016
Jkt 238001
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
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Fmt 4703
Sfmt 4703
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.
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
Standard No. 118 Power-Operated
Window, Partition, and Roof Panel
System: reprogramming the poweroperated 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
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[Docket No. NHTSA–2015–0122; Notice 1]
Van Hool N.V., Receipt of Petition for
Decision of Inconsequential
Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Receipt of petition.
AGENCY:
Van Hool N.V. (Van Hool),
has determined that certain model year
SUMMARY:
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16:59 Jan 21, 2016
Jkt 238001
(MY) 2015–2016 Van Hool Double Deck
buses do not fully comply with
paragraph S5.3.4 of Federal Motor
Vehicle Safety Standard (FMVSS) No.
121, Air Brake Systems. Van Hool filed
a report dated November 6, 2015,
pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and
Reports. Van Hool then petitioned
NHTSA under 49 CFR part 556
requesting a decision that the subject
noncompliance is inconsequential to
motor vehicle safety.
DATES: The closing date for comments
on the petition is February 22, 2016.
ADDRESSES: Interested persons are
invited to submit written data, views,
and arguments on this petition.
Comments must refer to the docket and
notice number cited in the title of this
notice and submitted by any of the
following methods:
• Mail: Send comments by mail
addressed to: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Deliver: Deliver comments by
hand to: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590. The Docket
Section is open on weekdays from 10
a.m. to 5 p.m. except Federal Holidays.
• Electronically: Submit comments
electronically by: logging onto the
Federal Docket Management System
(FDMS) Web site at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Comments may also be faxed to (202)
493–2251.
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 comments you have
submitted by mail were received, please
enclose a stamped, self-addressed
postcard with the comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
The petition, supporting materials,
and all comments received before the
close of business on the closing date
indicated above will be filed in the
docket and will be considered. All
comments and supporting materials
received after the closing date will also
PO 00000
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Fmt 4703
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3861
be filed and will be considered to the
extent possible.
When the petition is granted or
denied, notice of the decision will also
be published in the Federal Register
pursuant to the authority indicated at
the end of this notice.
All documents submitted to the
docket may be viewed by anyone at the
address and times given above. The
documents may also be viewed on the
Internet at https://www.regulations.gov
by following the online instructions for
accessing the dockets. The docket ID
number for this petition is shown at the
heading of this notice.
DOT’s complete Privacy Act
Statement is available for review in the
Federal Register published on April 11,
2000, (65 FR 19477–78).
SUPPLEMENTARY INFORMATION:
I. Overview
Pursuant to 49 U.S.C. 30118(d) and
30120(h) (see implementing rule at 49
CFR part 556), Van Hool submitted a
petition for an exemption from the
notification and remedy requirements of
49 U.S.C. Chapter 301 on the basis that
this noncompliance is inconsequential
to motor vehicle safety.
This notice of receipt of Van Hool’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
II. Vehicles Involved
Affected are approximately 48 MY
2015–2016 Van Hool Double Deck buses
that were manufactured between
December 13, 2014 and October 22,
2015.
III. Noncompliance
Van Hool explains that the
noncompliance is that brake release
times slightly exceed the requirements
as specified in paragraph S5.3.4 of
FMVSS No. 121.
IV. Rule Text
Paragraph S5.3.4 of FMVSS No. 121
requires in pertinent part:
S5.3.4 Brake Release Time. Each service
brake system shall meet the requirements of
S5.3.1 (a) through (b) . . .
V. Summary of Van Hool’s Petition
Van Hool described the subject
noncompliance and stated its belief that
the noncompliance is inconsequential to
motor vehicle safety based on the
following reasoning:
(1) Based on the results of testing that
Van Hool conducted on some of the
affected buses, it determined that the
brake release times, on average,
E:\FR\FM\22JAN1.SGM
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Agencies
[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]
-----------------------------------------------------------------------
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 https://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 https://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 https://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