Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 14117 

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. 

Skytop Rover, Co. (Skytop) of 

Philadelphia, Pennsylvania (Registered 

Importer 06–343) has petitioned NHTSA 

to decide whether nonconforming 2002 

Kawasaki Ninja ZX–6R motorcycles are 

eligible for importation into the United 

States. Skytop contends that these 

vehicles are eligible for importation 

under 49 U.S.C. 30141(a)(1)(B) because 

they have safety features that comply 

with, or are capable of being altered to 

comply with, all applicable FMVSS. 

In its petition, Skytop described the 

nonconforming 2002 Kawasaki Ninja 

ZX–6R as the same model as the U.S.- 

certified 2003 Kawasaki Ninja ZX–6R. 

Because the Ninja ZX–6R model was 

introduced in countries other than the 

U.S. as a new model before the 

introduction of the U.S-certified version 

in 2003, the petitioner acknowledged 

that it could not base its petition on the 

substantial similarity of the 2002 

Kawasaki Ninja ZX–6R to the U.S.- 

certified 2003 Kawasaki Ninja ZX–6R 

motorcycles due to the model year 

discrepancy and 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 part 30141(a)(1)(B). The petitioner 

contends that the 2002 Kawasaki Ninja 

ZX–6R utilizes the same components as 

the U.S.-certified 2003 Kawasaki Ninja 

ZX–6R motorcycles in virtually all of 

the systems subject to the applicable 

FMVSS. 

Specifically, the petitioner claims that 

2002 Kawasaki Ninja ZX–6R 

motorcycles have safety features that 

comply with Standard Nos. 106 Brake 

Hoses, 116 Motor Vehicle Brake Fluid, 

119 New Pneumatic Tires for Vehicles 

Other than Passenger Cars, 122 

Motorcycle Brake Systems, and 205 

Glazing Materials. 

The petitioner further contends that 

the vehicles are capable of being altered 

to comply with the following standards, 

in the manner indicated: 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

inspection of all vehicles and 

replacement of the following with U.S.- 

certified components on vehicles not 

already so equipped: (a) Headlamps; (b) 

front and rear side-mounted reflex 

reflectors; (c) rear-mounted reflex 

reflector; (d) tail lamp assembly 

(including stoplamp, taillamp, and 

license plate lamp); and (e) front and 

rear turn signal lamps. 

Standard No. 111 Rearview Mirrors: 

inspection of all vehicles and 

installation of U.S.-model rearview 

mirrors on vehicles not already so 

equipped. 

Standard No. 120 Tire Selection and 

Rims for Vehicles other than Passenger 

Cars: installation of a tire information 

placard. 

Standard No. 123 Motorcycle Controls 

and Displays: (a) installation of a U.S.- 

model speedometer, or modification of 

the speedometer so that it reads in miles 

per hour; and (b) installation of an 

ignition switch label. 

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) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Issued on: March 9, 2011. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–5977 Filed 3–14–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. DOT–NHTSA–2011–0028, 

Notice 1] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2005– 

2006 Porsche Carrera (997) Passenger 

Cars Manufactured Prior to September 

1, 2006 Are Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2005–2006 

Porsche Carrera (997) passenger cars 

manufactured prior to September 1, 

2006 are eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2005–2006 

Porsche Carrera (997) passenger cars 

manufactured prior to September 1, 

2006, 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 are substantially similar to 

vehicles that were originally 

manufactured for sale in the United 

States and that were certified by their 

manufacturer as complying with the 

safety standards (the U.S.-certified 

version of the 2005–2006 Porsche 

Carrera (997) passenger cars 

manufactured prior to September 1, 

2006), and they are capable of being 

readily altered to conform to the 

standards. 

DATES: The closing date for comments 

on the petition is April 14, 2011. 

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 

http://www.regulations.gov. Follow the 

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 http://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 


srobinson on DSKHWCL6B1PROD with NOTICES
14118 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 

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 http://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: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA (202–366–3151). 

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. 

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. 

J.K. Technologies, LLC (‘‘JK’’), of 

Baltimore, Maryland (Registered 

Importer 90–006) has petitioned NHTSA 

to decide whether nonconforming 2005– 

2006 Porsche Carrera (997) passenger 

cars manufactured prior to September 1, 

2006, are eligible for importation into 

the United States. The vehicles which 

JK believes are substantially similar are 

2005–2006 Porsche Carrera (997) 

passenger cars manufactured prior to 

September 1, 2006, that were 

manufactured for sale in the United 

States and certified by their 

manufacturer as conforming to all 

applicable FMVSS. 

The petitioner claims that it compared 

non-U.S. certified 2005–2006 Porsche 

Carrera (997) passenger cars 

manufactured prior to September 1, 

2006, to their U.S.-certified 

counterparts, and found the vehicles to 

be substantially similar with respect to 

compliance with most FMVSS. 

JK submitted information with its 

petition intended to demonstrate that 

non-U.S. certified 2005–2006 Porsche 

Carrera (997) passenger cars 

manufactured prior to September 1, 

2006, as originally manufactured, 

conform to many FMVSS in the same 

manner as their U.S. certified 

counterparts, or are capable of being 

readily altered to conform to those 

standards. 

Specifically, the petitioner claims that 

non-U.S. certified 2005–2006 Porsche 

Carrera (997) passenger cars 

manufactured prior to September 1, 

2006 are identical to their U.S. certified 

counterparts with respect to compliance 

with 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, 109 

New Pneumatic Tires, 113 Hood Latch 

System, 116 Motor Vehicle Brake Fluids, 

124 Accelerator Control Systems, 135 

Light Vehicle 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, 210 Seat Belt 

Assembly Anchorages, 212 Windshield 

Mounting, 214 Side Impact Protection, 

216 Roof Crush Resistance, 219 

Windshield Zone Intrusion, 301 Fuel 

System Integrity, and 302 Flammability 

of Interior Materials. 

The petitioner also contends that the 

vehicles are capable of being readily 

altered to meet the following standards, 

in the manner indicated: 

Standard No. 101 Controls Telltales, 

and Indicators: Installation of U.S. 

conforming instrument cluster and 

cruise control lever, and installation or 

activation of associated U.S.-version 

software in the vehicle’s computer 

system. 

Standard No. 108 Lamps, Reflective 

Devices and Associated Equipment: 

Installation of the following U.S.-model 

components on vehicles not already so 

equipped: (a) Front sidemarker lamps 

with integral side reflex reflectors; (b) 

headlamps; (c) integral tail lamp 

housings that includes rear side marker, 

rear turn signal, and brake lamps, as 

well as rear and side reflex reflectors. 

Standard No. 110 Tire Selection and 

Rims for Motor Vehicles with a GVWR 

of 4,536 kilograms (10,000 pounds) or 

Less: Installation of a tire information 

placard. 

Standard No. 111 Rearview Mirrors: 

Installation of a U.S.-model passenger 

side rearview mirror, or inscription of 

the required warning statement on the 

face of that mirror. 

Standard No. 114 Theft Protection: 

Installation of a supplemental key 

warning buzzer, or installation or 

activation of U.S.-version software to 

meet the requirements of this standard. 

Standard No. 118 Power-Operated 

Window, Partition, and Roof Panel 

Systems: Installation or activation of 

U.S.-version software in the vehicle’s 

computer system to meet the 

requirements of this standard. 

Standard No. 208 Occupant Crash 

Protection: Inspection of all vehicles 

and replacement of any non U.S.- 

conforming model seat belts, air bag 

control units, air bags, and sensors with 

U.S.-model components on vehicles that 

are not already so equipped; and (b) 

installation or activation of U.S.-version 

software to ensure that the seat belt 

warning system meets the requirements 

of this standard. 

Standard No. 209 Seat Belt 

Assemblies: Inspection of all vehicles 

and replacement of any non U.S.- 

certified model seat belts with U.S.- 

model components. 

Standard No. 225 Child Restraint 

Anchorage Systems: Installation of U.S.- 

model child restraint anchorage systems 

components. 

Standard No. 401 Interior Trunk 

Release: Installation of U.S.-model 

interior trunk release components. 

The petitioner additionally states that 

a vehicle identification plate must be 

affixed to the vehicles near the left 

windshield post 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 14119 

Register pursuant to the authority 

indicated below. 

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: March 9, 2011. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–5982 Filed 3–14–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment of 

Systems of Records Notice ‘‘Supervised 

Fiduciary/Beneficiary and General 

Investigative Records—VA’’ (37VA27). 

SUMMARY: As required by the Privacy 

Act of 1974 (5 U.S.C. 552a(e)(4)), notice 

is hereby given that the Department of 

Veterans Affairs (VA) is updating 

system of records in its inventory 

entitled ‘‘Supervised Fiduciary/ 

Beneficiary and General Investigative 

Records—VA’’ (37VA27). VA is 

amending the system of records by 

revising the Purpose(s), System Manager 

and address, and Routine Uses of 

Records Maintained in the System. VA 

is republishing the system notice in its 

entirety. 

DATES: Comments on this amended 

system of records must be received no 

later than April 14, 2011. If no public 

comment is received during the period 

allowed for comment or unless 

otherwise published in the Federal 

Register by VA, the amended system 

will become effective April 14, 2011. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulation 

Policy and Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Ave., NW., Room 1068, 

Washington, DC 20420; or by fax to 

202–273–9026. (This is not a toll free 

number.) Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call 202–461–4902 for an appointment. 

(This is not a toll free number.) In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at https:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Murphy, Director, 

Compensation and Pension Service, 

Veterans Benefits Administration 

(VBA), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420, 202–461–9700. 

SUPPLEMENTARY INFORMATION: This 

system of records contains guidelines 

for the administration of benefits in 

regards to beneficiaries who have been 

deemed incompetent by medical or legal 

authority. As required by law this 

system of records is updated to contain 

additional routine uses deemed 

necessary to administer benefits covered 

under title 38, United States Code, 

chapter 3, section (501)(a), (b), chapter 

55. 

The routine uses of records 

maintained in the system, including 

categories of users and the purposes of 

such uses, are being amended to protect 

the confidentiality and govern the 

release of VA records subject to 38 

U.S.C. 5701, which permits disclosure 

in accordance with valid routine uses. 

Routine use numbers 15, 16, 17, 18, 19, 

20, and 21 have been added in 

accordance with this authority. 

Routine use number 1 has been 

revised to require that individuals 

covered by this system provide written 

requests for disclosures to be made to 

members of Congress or their staff. 

Routine use number 15 was added to 

allow for the disclosure of information 

to the National Archives and Records 

Administration (NARA) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of chapter 29 

of title 44, United States Code. Routine 

use number 16 was added to allow for 

the disclosure of information to the 

Department of Justice (DoJ), either on 

VA’s initiative or in response to DOJ’s 

request for information, after either VA 

or DoJ determines that such information 

is relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. Routine 

use number 17 was added to allow for 

the disclosure of relevant information to 

individuals, organizations, public or 

private agencies, or other entities with 

whom VA has a contract or agreement 

or where there is a subcontract to 

perform such services as VA may deem 

practicable for the purposes of laws 

administered by VA, in order for the 

contractor or subcontractor to perform 

the services of the contract or 

agreement. Routine use number 18 was 

added to allow the disclosure of 

information by VA of any information in 

the system, except the names and 

mailing addresses of veterans and their 

dependents, that is relevant to a 

suspected violation or reasonably 

imminent violation of law, whether 

civil, criminal or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule or 

order issued pursuant thereto, to a 

Federal, State, local, Tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, rule, 

regulation or order. Routine use number 

19 was added to allow the disclosure of 

information to Federal agencies to assist 

such agencies in preventing and 

detecting possible fraud or abuse in 

operations and programs. Routine use 

number 20 was added to allow VA to 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) VA has determined 

that as a result of the suspected or 

confirmed compromise, there is a risk of 

embarrassment or harm to the 

reputations of the record subjects, harm 

to economic or property interests, 

identity theft or fraud, or harm to the 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the potentially compromised 

information; and (3) the disclosure is 

made to such agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out VA’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm. This routine use allows 

disclosures by VA to respond to a 

suspected or confirmed data breach, 

including the conduct of any risks 

analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. Routine use number 21 


srobinson on DSKHWCL6B1PROD with NOTICES