Receipt of Petition for Determination That Nonconforming 1971 Lancia Fulvia Passenger Cars Are Eligible for Importation

Topics:  Lancia Fulvia

William A. Boehly
National Highway Traffic Safety Administration
18 July 1994

[Federal Register Volume 59, Number 136 (Monday, July 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17368]


[[Page Unknown]]

[Federal Register: July 18, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-52; Notice 1]

 

Receipt of Petition for Determination That Nonconforming 1971 
Lancia Fulvia Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for determination that 
nonconforming 1971 Lancia Fulvia passenger cars are eligible for 
importation.

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SUMMARY: This notice announces receipt by the National Highway Traffic 
Safety Administration (NHTSA) of a petition for a determination that a 
1971 Lancia Fulvia that was not originally manufactured to comply with 
all applicable Federal motor vehicle safety standards is eligible for 
importation into the United States because (1) it is substantially 
similar to a vehicle that was originally manufactured for importation 
into and sale in the United States and that was certified by its 
manufacturer as complying with the safety standards, and (2) it is 
capable of being readily modified to conform to the standards.

DATES: The closing date for comments on the petition is August 17, 
1994.

ADDRESSES: Comments should refer to the docket number and notice 
number, and be submitted to: Docket Section, Room 5109, National 
Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, 
DC 20590. [Docket hours are from 9:30 am to 4 pm].

FOR FURTHER INFORMATION CONTACT:
Ted Bayler, Office of Vehicle Safety Compliance, NHTSA (202-366-5306).

SUPPLEMENTARY INFORMATION: 

Background

    Under section 108(c)(3)(A)(i) of the National Traffic and Motor 
Vehicle Safety Act (the Act), 15 U.S.C. 1397(c)(3)(A)(i), 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 on and after January 31, 1990, unless 
NHTSA has determined that the motor vehicle is substantially similar to 
a motor vehicle originally manufactured for importation into and sale 
in the United States, certified under 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 modified to conform to all applicable 
Federal motor vehicle safety standards.
    Petitions for eligibility determinations 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 determines, 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 determination 
in the Federal Register.
    Liphardt & Associates, Inc. of Ronkonkoma, New York (``Liphardt'') 
(Registered Importer R-92-004) has petitioned NHTSA to determine 
whether 1971 Lancia Fulvia passenger cars are eligible for importation 
into the United States. The vehicle which Liphardt believes is 
substantially similar is the 1971 Lancia Fulvia that was manufactured 
for importation into and sale in the United States and certified by its 
manufacturer, Lancia & Company S.p.A., as conforming to all applicable 
Federal motor vehicle safety standards.
    The petitioner stated that it carefully compared the non-U.S. 
certified version of the 1971 Lancia Fulvia to its U.S. certified 
counterpart, and found that the two vehicles are substantially similar 
with respect to compliance with most applicable Federal motor vehicle 
safety standards.
    Liphardt submitted information with its petition intended to 
demonstrate that the non-U.S. certified 1971 Lancia Fulvia, as 
originally manufactured, conforms to many Federal motor vehicle safety 
standards in the same manner as its U.S. certified counterpart, or is 
capable of being readily modified to conform to those standards.
    Specifically, the petitioner claims that the non-U.S. certified 
1971 Lancia Fulvia is identical to its U.S. certified counterpart with 
respect to compliance with Standards 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, 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, 208 Occupant Crash Protection, 209 Seat Belt Assemblies, 210 
Seat Belt Assembly Anchorages, 211 Wheel Nuts, Wheel Discs and Hubcaps, 
and 212 Windshield Retention.
    Petitioner also contends that the 1971 Lancia Fulvia is capable of 
being readily modified to meet the following standards, in the manner 
indicated:
    Standard No. 101 Controls and Displays: substitution of a lens 
marked ``Brake'' for a lens with an ECE symbol on the brake failure 
indicator lamp.
    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 rear sidemarkers.
    Standard No. 110 Tire Selection and Rims: installation of a tire 
information placard.
    Standard No. 114 Theft Protection: installation of a buzzer relay 
and 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. 301 Fuel System Integrity: installation of a rollover 
valve.
    Interested persons are invited to submit comments on the petition 
described above. Comments should refer to the docket number and be 
submitted to: Docket Section, National Highway Traffic Safety 
Administration, Room 5109, 400 Seventh Street, SW, Washington, DC 
20590. It is requested but not required that 10 copies be submitted.
    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 address 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: 15 U.S.C. 1397(c)(3)(A)(i)(I) and (C)(ii); 49 CFR 
593.8; delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: July 12, 1994.
William A. Boehly,
Associate Administrator for Enforcement.
[FR Doc. 94-17368 Filed 7-15-04; 8:45 am]
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