[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Notices]
[Pages 16699-16700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7909]



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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-60; Notice 2]


Denial of Petition for Import Eligibility Decision

    This notice sets forth the reasons for the denial of a petition 
submitted to the National Highway Traffic Safety Administration (NHTSA) 
under 49 U.S.C. 30141(a)(1)(A) (formerly section 108(c)(3)(C)(i)(I) of 
the National Traffic and Motor Vehicle Safety Act (the Act)). 
[[Page 16700]] The petition, which was submitted by J.K. Motors, Inc. 
of Kingsville, Maryland (J.K.), a registered importer of motor 
vehicles, requested NHTSA to decide that a 1994 Alfa Romeo 164 
Quadrifoglio passenger car 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 the version of the 1994 Alfa Romeo 164 
Quadrifoglio that was originally manufactured for importation into and 
sale in the United States and that was certified by its original 
manufacturer, Alfa Lancia Industriale, as complying with the safety 
standards, and (2) it is capable of being readily modified to conform 
to all applicable Federal motor vehicle safety standards.
    NHTSA published a notice in the Federal Register on August 15, 1994 
(59 FR 41811) that contained a thorough description of the petition, 
and solicited public comments upon it. One comment was received in 
response to this notice, from Fiat Auto R&D U.S.A., a division of Fiat 
Auto U.S.A., Inc. (Fiat), the U.S. representative of the vehicle's 
original manufacturer.
    In its comment, Fiat stated that the structure of the non-U.S. 
certified Alfa Romeo 164 Quadrifoglio differs from that of its U.S. 
certified counterpart to accommodate a different powertrain. Fiat 
further stated that the vehicle's manufacturer determined that 
``without completely redesigning the rear portion'' of the non-U.S. 
certified Alfa Romeo 164 Quadrifoglio, it would be ``extremely costly 
and technically impossible'' to bring the vehicle into compliance with 
applicable Federal motor vehicle safety standards, particularly 
Standard No. 301, Fuel System Integrity, and other vehicle 
crashworthiness standards.
    NHTSA accorded J.K. an opportunity to respond to Fiat's comments. 
As of the date of this notice, J.K. has failed to submit such a 
response. This has compelled NHTSA to conclude, from the state of the 
record, that the petition does not clearly demonstrate that the non-
U.S. certified version of the 1994 Alfa Romeo 164 Quadrifoglio is 
eligible for importation. The petition must therefore be denied under 
49 CFR 593.7(e).
    In accordance with 49 U.S.C. 30141(b)(1) (formerly section 
108(c)(3)(C)(ii) of the Act), NHTSA will not consider a new import 
eligibility petition covering this vehicle until at least three months 
from the date of this notice.

    Authority: 49 U.S.C. 30141 (a)(1)(A) and (b)(1); 49 CFR 593.7; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: March 27, 1995.
Harry Thompson,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 95-7909 Filed 3-30-95; 8:45 am]
BILLING CODE 4910-59-P