Decision That Certain Nonconforming 1994 Alfa Romeo 164 Passenger Cars Are Eligible for Importation

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]

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