10522 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

officer, employee, or agent of any of the 

foregoing, shall not disclose a SAR, or 

any information that would reveal the 

existence of a SAR, except as necessary 

to fulfill official duties consistent with 

Title II of the BSA. For purposes of this 

section, ‘‘official duties’’ shall not 

include the disclosure of a SAR, or any 

information that would reveal the 

existence of a SAR, in response to a 

request for disclosure of non-public 

information or a request for use in a 

private legal proceeding, including a 

request pursuant to 31 CFR 1.11. 

(3) Prohibition on disclosures by SelfRegulatory Organizations. Any selfregulatory organization registered with 

or designated by the Commodity 

Futures Trading Commission, or any 

director, officer, employee, or agent of 

any of the foregoing, shall not disclose 

a SAR, or any information that would 

reveal the existence of a SAR except as 

necessary to fulfill self-regulatory duties 

upon the request of the Commodity 

Futures Trading Commission, in a 

manner consistent with Title II of the 

BSA. For purposes of this section, ‘‘selfregulatory duties’’ shall not include the 

disclosure of a SAR, or any information 

that would reveal the existence of a 

SAR, in response to a request for 

disclosure of non-public information or 

a request for use in a private legal 

proceeding. 

(f) Limitation on liability. An FCM or 

IB–C, and any director, officer, 

employee, or agent of any FCM or IB– 

C, that makes a voluntary disclosure of 

any possible violation of law or 

regulation to a government agency or 

makes a disclosure pursuant to this 

section or any other authority, including 

a disclosure made jointly with another 

institution, shall be protected from 

liability to any person for any such 

disclosure, or for failure to provide 

notice of such disclosure to any person 

identified in the disclosure, or both, to 

the full extent provided by 31 U.S.C. 

5318(g)(3). 

(g) Compliance. FCMs or IB–Cs shall 

be examined by FinCEN or its 

delegatees for compliance with this 

section. Failure to satisfy the 

requirements of this section may be a 

violation of the Bank Secrecy Act and of 

this chapter. 

* * * * * 

PART 1027—RULES FOR DEALERS IN 

PRECIOUS METALS, PRECIOUS 

STONES, OR JEWELS 

■ 16. The authority citation for part 

1027 is added to read as follows: 

Authority: 12 U.S.C. 1829b and 1951–1959; 

31 U.S.C. 5311–5314 and 5316–5332; title III, 

sec. 314, Pub. L. 107–56, 115 Stat. 307. 

PART 1028—RULES FOR OPERATORS 

OF CREDIT CARD SYSTEMS 

■ 17. The authority citation for part 

1028 is added to read as follows: 

Authority: 12 U.S.C. 1829b and 1951–1959; 

31 U.S.C. 5311–5314 and 5316–5332; title III, 

sec. 314, Pub. L. 107–56, 115 Stat. 307. 

Dated: February 16, 2011. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2011–4061 Filed 2–24–11; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Naval Surface Warfare Center, Upper 

Machodoc Creek and the Potomac 

River, Dahlgren, VA; Danger Zone 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers is amending its regulations 

for the existing danger zone in the 

vicinity of Naval Surface Warfare 

Center, Dahlgren, in King George 

County, Virginia. The amendment 

changes the description of the 

hazardous operations in the area, the 

hours of operation, and expands the 

boundaries of a portion of the danger 

zone. The amendment is necessary to 

protect the public from potentially 

hazardous conditions which may exist 

as a result of use of the areas by the 

United States Navy. 

DATES: Effective Date: March 28, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Olson, Headquarters, 

Operations and Regulatory Community 

of Practice, Washington, DC at 202–761– 

4922 or by e-mail at 

david.b.olson@usace.army.mil, or Mr. 

Robert Berg, Corps of Engineers, Norfolk 

District, Regulatory Branch, at 757–201– 

7793 or by e-mail at 

robert.a.berg@usace.army.mil. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps is 

amending the danger zone regulations at 

33 CFR 334.230 to: Expand the 

description of continuing hazardous 

operations in the danger zone to include 

firing of large or small caliber guns and 

projectiles, aerial bombing, directed 

energy technology, and manned or 

unmanned water craft operations; 

expand the Middle Danger Zone farther 

into Upper Machodoc Creek where 

operations involving directed energy, 

watercraft maneuvers and transportation 

of explosives are conducted; add a 100- 

yard buffer to prevent public contact 

with unexploded ordinance along the 

shoreline of the Naval Facility within 

the Middle Danger Zone; and extend 

normal hours of operation of hazardous 

operations from 4 p.m. to 5 p.m. The 

danger zone represents a public safety 

buffer beyond the physical boundaries 

of the test range to further reduce the 

safety threat to the boating public. 

The proposed rule was published in 

the November 10, 2010, issue of the 

Federal Register (75 FR 69033) with the 

docket number COE–2010–0038 and no 

comments were received. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This final rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act 

This final rule has been reviewed 

under the Regulatory Flexibility Act 

(Pub. L. 96–354) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

governments). The economic impact of 

the amendment to this danger zone does 

not have an effect on the public, does 

not result in a navigational hazard, or 

interfere with existing waterway traffic. 

Therefore, this final rule does not have 

a significant economic impact on small 

entities. 

c. Review Under the National 

Environmental Policy Act 

Due to the administrative nature of 

this action and because there is no 

intended change in the use of the area, 

the Corps determined the amendment 

does not have a significant impact on 

the quality of the human environment 

and, therefore, preparation of an 

environmental impact statement is not 

required. An environmental assessment 

was prepared after the public notice 

period closed. The environmental 

assessment may be reviewed at the 

District office listed at the end of the 

FOR FURTHER INFORMATION CONTACT

section, above. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 10523 

d. Unfunded Mandates Act 

This final rule does not impose an 

enforceable duty among the private 

sector and, therefore, it is not a Federal 

private sector mandate and it is not 

subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Act. We have also 

found under Section 203 of the Act that 

small governments will not be 

significantly and uniquely affected by 

this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise paragraph (a) of § 334.230 to 

read as follows: 

§ 334.230 Potomac River. 

(a) Naval Surface Warfare Center, 

Dahlgren, VA—(1) The areas. Portions 

of the Upper Machodoc Creek and 

Potomac River near Dahlgren, VA as 

described below: 

(i) Lower zone. The entire portion of 

the lower Potomac River between a line 

from Point Lookout, Maryland, to Smith 

Point, Virginia, and a line from Buoy 14 

(abreast of St. Clements Island) to a 

point near the northeast shore of Hollis 

Marsh at latitude 38°10′00′′, longitude 

76°45′22.4′′. Hazardous operations are 

conducted in this zone at infrequent 

intervals. 

(ii) Middle zone. Beginning at the 

intersection of the Harry W. Nice Bridge 

with the Virginia shore; thence to Light 

33; thence to latitude 38°19′06′′, 

longitude 76°57′06′′ which point is 

about 3,300 yards east-southeast of Light 

30; thence to Line of Fire Buoy O, about 

1,150 yards southwest of Swan Point; 

thence to Line of Fire Buoy M, about 

1,700 yards south of Potomac View; 

thence to Line of Fire Buoy K, about 

1,400 yards southwesterly of the lower 

end of Cobb Island; thence to Buoy 14, 

abreast of St. Clements Island, thence 

southwest to a point near the northeast 

shore of Hollis Marsh at latitude 

38°10′00′′; longitude 76°45′22.4′′; thence 

northwest to Line of Fire Buoy J, about 

3,000 yards off Popes Creek, Virginia; 

thence to Line of Fire Buoy L, about 

3,600 yards off Church Point; thence to 

Line of Fire Buoy N, about 900 yards off 

Colonial Beach; thence to Line of Fire 

Buoy P, about 1,000 yards off Bluff 

Point; thence northwest to latitude 

38°17′54′′, longitude 77°01′02′′, a point 

of the Virginia shore on property of the 

Naval Support Facility Dahlgren, a 

distance of about 4,080 yards; thence 

north along the Potomac shore of Naval 

Surface Warfare Center, Dahlgren to 

Baber Point; and thence west along the 

Upper Machodoc Creek shore of Naval 

Surface Warfare Center, Dahlgren to 

Howland Point at latitude 38°19′0.5′′, 

longitude 77°03′23′′; thence northeast to 

latitude 38°19′18′′, longitude 77°02′29′′, 

a point on the Naval Surface Warfare 

Center, Dahlgren shore about 350 yards 

southeast of the base of the Navy 

recreational pier. Hazardous operations 

are normally conducted in this zone 

daily except Saturdays, Sundays, and 

national holidays. 

(iii) Upper zone. Beginning at Mathias 

Point, Va.; thence north to Light 5; 

thence north-northeast to Light 6; 

thence east-southeast to Lighted Buoy 2, 

thence east-southeast to a point on the 

Maryland shore at approximately 

latitude 38°23′35.5′′, longitude 

76°59′15.5′′; thence south along the 

Maryland shore to, and then along, a 

line passing through Light 1 to the 

Virginia shore, parallel to the Harry W. 

Nice Bridge; thence north with the 

Virginia shore to the point of beginning. 

Hazardous operations are conducted in 

this zone at infrequent intervals. 

(2) The regulations. (i) Hazardous 

operations normally take place between 

the hours of 8 a.m. and 5 p.m. daily 

except Saturdays, Sundays and national 

holidays, with infrequent night firing 

between 5 p.m. and 10:30 p.m. During 

a national emergency, hazardous 

operations will take place between the 

hours of 6 a.m. and 10:30 p.m. daily 

except Sundays. Hazardous operations 

may involve firing large or small caliber 

guns and projectiles, aerial bombing, 

use of directed energy, and operating 

manned or unmanned watercraft. 

(ii) When hazardous operations are in 

progress, no person, or fishing or 

oystering vessels shall operate within 

the danger zone affected unless so 

authorized by the Naval Surface Warfare 

Center, Dahlgren’s patrol boats. 

Oystering and fishing boats or other 

craft may cross the river in the danger 

zone only after they have reported to the 

patrol boat and received instructions as 

to when and where to cross. Deep-draft 

vessels using dredged channels and 

propelled by mechanical power at a 

speed greater than five miles per hour 

may proceed directly through the 

danger zones without restriction except 

when notified to the contrary by the 

patrol boat. Unless instructed to the 

contrary by the patrol boat, small craft 

navigating up or down the Potomac 

River during hazardous operations shall 

proceed outside of the northeastern 

boundary of the Middle Danger Zone. 

All craft desiring to enter the Middle 

Danger Zone when proceeding in or out 

of Upper Machodoc Creek during 

hazardous operations will be instructed 

by the patrol boat; for those craft that 

desire to proceed in or out of Upper 

Machodoc Creek on a course between 

the western shore of the Potomac River 

and a line from the Main Dock of Naval 

Surface Warfare Center, Dahlgren to 

Line of Fire Buoy P, clearance will be 

granted to proceed upon request 

directed to the patrol boat. 

(iii) Due to hazards of unexploded 

ordnance, no person or craft in the 

Middle Danger Zone shall approach 

closer than 100 yards to the shoreline of 

Naval Surface Warfare Center, Dahlgren, 

previously known as the Naval Surface 

Weapons Center. 

(3) Enforcement. The regulations shall 

be enforced by the Commander, Naval 

Surface Warfare Center, Dahlgren and 

such agencies as he/she may designate. 

Patrol boats, in the execution of their 

mission assigned herein, shall display a 

square red flag during daylight hours for 

purposes of identification; at night time, 

a 32 point red light shall be displayed 

at the mast head. Naval Surface Warfare 

Center, Dahlgren (Range Control) can be 

contacted by Marine VHF radio 

(Channel 16) or by telephone (540) 653– 

8791. 

(4) Exceptions. Nothing in this 

regulation shall be intended to prevent 

commercial fishing or the lawful use of 

approved waterfowl hunting blinds 

along the shorelines of Naval Surface 

Warfare Center, Dahlgren, provided that 

all necessary licenses and permits have 

been obtained from the Maryland 

Department of Natural Resources, the 

Virginia Department of Game and 

Inland Fisheries, or the Potomac River 

Fisheries Commission. Waterfowl 

hunters shall provide a completed copy 

of their blind permit to the Natural 

Resources Manager at Naval Surface 

Warfare Center, Dahlgren. Commercial 

fishermen and waterfowl hunters must 

observe all warnings and range 

clearances, as noted herein. Federal, 

State and local law enforcement 

agencies are exempt from the provisions 

of paragraph (a) of this section. 

* * * * * 


srobinson on DSKHWCL6B1PROD with RULES
10524 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

Dated: February 22, 2011. 

Jonathan A. Davis, 

Deputy Chief, Operations and Regulatory, 

Directorate of Civil Works. 

[FR Doc. 2011–4280 Filed 2–24–11; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Area, Potomac River, 

Marine Corps Base Quantico, 

Quantico, VA 

AGENCY: United States Army Corps of 

Engineers, Department of Defense 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is correcting a final 

rule that appeared in the Federal 

Register of February 4, 2011 (76 FR 

6327), establishing a restricted area in 

the waters of the Potomac River 

extending offshore from the Marine 

Corps Air Facility (MCAF) at Marine 

Corps Base Quantico (MCB Quantico), 

located in Quantico, Virginia. 

DATES: Effective March 7, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Steve Elinsky, U.S. Army Corps of 

Engineers, Baltimore District, 

Regulatory Branch, at 410–962–4503 or 

by e-mail at 

steve.elinsky@usace.army.mil. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–2478 appearing on page 6327 in 

the Federal Register of Friday, February 

4, 2011, the following correction is 

made: 

§ 334.235 [Corrected] 

On page 6328, in the third column, in 

§ 334.235, paragraph (b)(2), the sentence 

‘‘In addition, lighted, floating, small 

craft intrusion barriers will be placed 

across the Chopawamsic Creek channel 

at the entrance to the channel from the 

Potomac River and immediately west of 

the CSX railroad bridge.’’ is corrected to 

read ‘‘In addition, floating small craft 

intrusion barriers marked with reflective 

material will be placed across the 

Chopawamsic Creek channel at the 

entrance to the channel from the 

Potomac River and immediately west of 

the CSX railroad bridge.’’ 

Dated: February 22, 2011. 

Jonathan A. Davis, 

Deputy Chief, Operations and Regulatory 

Directorate of Civil Works. 

[FR Doc. 2011–4277 Filed 2–24–11; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 60 (§ 60.1 to end of 

part 60 sections), revised as of July 1, 

2010: 

1. On page 334, at the end of 

§ 60.101a, an effective date note is 

added to read as follows: 

§ 60.101a Definitions. 

* * * * * 

Effective Date Note: At 73 FR 78552, Dec. 

22, 2008, in § 60.101a the definition of ‘‘flare’’ 

was stayed from Feb. 24, 2009 until further 

notice. 

2. On page 337, at the end of 

§ 60.102a, an effective date note is 

added to read as follows: 

§ 60.102a Emissions limitations. 

* * * * * 

Effective Date Note: At 73 FR 78552, Dec. 

22, 2008, in § 60.102a, paragraph (g) was 

stayed from Feb. 24, 2009 until further 

notice. 

3. On page 353, at the end of 

§ 60.107a, an effective date note is 

added to read as follows: 

§ 60.107a Monitoring of emissions and 

operations for fuel gas combustion devices. 

* * * * * 

Effective Date Note: At 73 FR 78552, Dec. 

22, 2008, in § 60.107a, paragraphs (d) and (e) 

were stayed from Feb. 24, 2009 until further 

notice. 

[FR Doc. 2011–4310 Filed 2–24–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 571 and 585 

[Docket No. NHTSA–2011–0004] 

RIN 2127–AK23 

Federal Motor Vehicle Safety 

Standards, Ejection Mitigation; PhaseIn Reporting Requirements; 

Incorporation by Reference 

Correction 

In rule document 2011–547, 

appearing on pages 3212–3305 of the 

issue of Wednesday, January 19, 2011, 

make the following change: 

§ 571.226 [Corrected] 

On page 3301, in the first column, 

above the paragraph headed ‘‘S8.4 

Vehicles manufactured on or after 

September 1, 2015 and before 

September 1, 2016.’’, insert the 

following text: 

§ 571.226 [Corrected] 

* * * * * 

S8.3 Vehicles manufactured on or 

after September 1, 2014 and before 

September 1, 2015. Subject to S8.9, for 

vehicles manufactured on or after 

September 1, 2014 and before 

September 1, 2015, the number of 

vehicles complying with S4.2 shall be 

not less than 50 percent of: 

(a) The manufacturer’s average annual 

production of vehicles manufactured in 

the three previous production years; or 

(b) The manufacturer’s production in 

the current production year. 

* * * * * 

[FR Doc. C1–2011–547 Filed 2–24–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–XA174 

Hawaii Bottomfish and Seamount 

Groundfish Fisheries; Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing the 

commercial and non-commercial 

fisheries in the main Hawaiian Islands 


srobinson on DSKHWCL6B1PROD with RULES