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

Topics:  Alfa Romeo 8C

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
16 March 2016

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14218-14219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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]
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