Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Rules and Regulations 1065 

into account all of the factors relevant 

to such a determination. 

(ii) Financial condition of the 

obligor—(A) Deterioration in financial 

condition of the obligor generally 

disregarded. Except as provided in 

paragraph (f)(7)(ii)(B) of this section, in 

making a determination as to whether 

an instrument resulting from an 

alteration or modification of a debt 

instrument will be recharacterized as an 

instrument or property right that is not 

debt, any deterioration in the financial 

condition of the obligor between the 

issue date of the debt instrument and 

the date of the alteration or modification 

(as it relates to the obligor’s ability to 

repay the debt instrument) is not taken 

into account. For example, any decrease 

in the fair market value of a debt 

instrument (whether or not the debt 

instrument is publicly traded) between 

the issue date of the debt instrument 

and the date of the alteration or 

modification is not taken into account to 

the extent that the decrease in fair 

market value is attributable to the 

deterioration in the financial condition 

of the obligor and not to a modification 

of the terms of the instrument. 

(B) Substitution of a new obligor; 

addition or deletion of co-obligor. If 

there is a substitution of a new obligor 

or the addition or deletion of a coobligor, the rules in paragraph 

(f)(7)(ii)(A) of this section do not apply. 

* * * * * 

(h) Effective/applicability date—(1) In 

general. Except as otherwise provided 

in paragraph (h)(2) of this section, this 

section applies to alterations of the 

terms of a debt instrument on or after 

September 24, 1996. Taxpayers, 

however, may rely on this section for 

alterations of the terms of a debt 

instrument after December 2, 1992, and 

before September 24, 1996. 

(2) Exception. Paragraph (f)(7) of this 

section applies to an alteration of the 

terms of a debt instrument on or after 

January 7, 2011. A taxpayer, however, 

may rely on paragraph (f)(7) of this 

section for alterations of the terms of a 

debt instrument occurring before that 

date. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 21, 2010. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2011–86 Filed 1–6–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1133] 

RIN 1625–AA87 

Security Zone; 23rd Annual North 

American International Auto Show, 

Detroit River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the Detroit River, Detroit, Michigan. 

This zone is intended to restrict vessels 

from a portion of the Detroit River in 

order to ensure the safety of 

participants, visitors and public officials 

at the 23rd Annual North American 

International Auto Show (NAIAS) being 

held at Cobo Hall in downtown Detroit, 

MI. 

DATES: This rule is effective from 9 a.m. 

(local) on January 10, 2011, through 10 

p.m. (local) on January 23, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–1133 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1133 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Katie Stanko, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone (313) 568–9508, 

e-mail Katie.R.Stanko@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

delaying this rule would be contrary to 

the public interest of ensuring the 

security of the spectators and 

participants during this event should 

immediate action be necessary to 

prevent possible loss of life or property. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the security of the spectators 

and participants during this event 

should immediate action be necessary to 

prevent possible loss of life or property. 

Background and Purpose 

This temporary security zone is 

necessary to ensure the safety of the 

participants, visitors of the 23rd Annual 

North American International Auto 

Show (NAIAS) being held at Cobo Hall 

in downtown Detroit, MI from possible 

sabotage or other subversive acts. The 

public showing days of the NAIAS 

begin January 15 and extend through 

January 23. Prior to the public showing, 

there will also be multiple high profile 

events; including the press preview 

days (January 10–11, 2011), industry 

preview days (January 12–13, 2011), and 

the charity preview event (January 14, 

2011). In 2010, the NAIAS attendance 

for the public showing was over 650,000 

people and industry preview days 

attracted nearly 16,000 people 

representing 1,700 companies from 23 

countries. Attendance and participation 

at the 2011 NAIAS is anticipated to rival 

last year’s attendance and will likely be 

one of the largest media events in North 

America. Given the expected number of 

attendees, which includes high-profile 

visitors, at this event and the recent 

terrorist threats directed toward the City 

of Detroit, the Coast Guard is 

establishing and enforcing a security 

zone to safeguard the waterways from 

destruction, loss, or injury from 

sabotage or other subversive acts. 

All persons other than those approved 

by the Captain of the Port Detroit, or his 

authorized on-scene representative, are 

prohibited from entering or moving 

within this security zone. The Captain 

of the Port Detroit, or his authorized onscene representative, may be contacted 

via VHF Channel 16 for further 

instructions before transiting through 

the restricted area. The public will be 


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1066 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Rules and Regulations 

made aware of the existence of this 

security zone and the restrictions 

involved via Broadcast Notice to 

Mariners. 

Discussion of Rule 

A temporary security zone is 

necessary to ensure the safety of the 

participants and visitors of the 23rd 

Annual North American International 

Auto Show being held at Cobo Hall in 

downtown Detroit, MI from possible 

sabotage or other subversive acts. This 

security zone regulation will be in effect 

from 9 a.m. on January 10, 2011 through 

10 p.m. on January 23, 2011. The zone 

will be enforced from 9 a.m. to 5 p.m. 

daily for the duration of the event. 

The security zone will encompass an 

area of the Detroit River encompassed 

by a line beginning at a point of origin 

on land adjacent to the west end of Joe 

Lewis Arena at 42°19.44′ N, 083°03.11′ 

W; then extending offshore 

approximately 150 yards to 42°19.39′ N, 

083°03.07′ W; then proceeding upriver 

approximately 2,000 yards to a point at 

42°19.72′ N, 083°01.88′ W; then 

proceeding onshore to a point on land 

adjacent the Tricentennial State Park at 

42°19.79′ N, 083°01.90′ W; then 

proceeding downriver along the 

shoreline to connect back to the point of 

origin. Vessels in close proximity to the 

security zone will be subject to 

increased monitoring and boarding. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated on 

scene representative. Entry into, transit, 

or anchoring within the security zone is 

prohibited unless authorized by the 

Captain of the Port Detroit or his 

designated on-scene representative. The 

Captain of the Port or his designated onscene representative may be contacted 

via VHF Channel 16. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This determination 

is based on the short time that vessels 

will be restricted from the area of water 

impacted by the safety zone. Moreover, 

vessels may still transit freely in 

Canadian waters adjacent to the security 

zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

5 U.S.C. 605(b) that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Detroit River, Detroit, 

Michigan, beginning at a point of origin 

on land at 42°19.44′ N, 083°03.11′ W; 

then extending offshore approximately 

150 yards to 42°19.39′ N, 083°03.07′ W; 

then proceeding upriver approximately 

2,000 yards to a point at 42°19.72′ N, 

083°01.88′ W; then proceeding onshore 

to a point on land at 42°19.79′ N, 

083°01.90′ W; then returning to the 

point of origin from 9 a.m. January 10, 

2011 through 10 p.m. on January 23, 

2011. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This rule will not 

obstruct the regular flow of commercial 

traffic and will allow vessel traffic to 

pass around the security zone. In the 

event that this temporary security zone 

affects shipping, commercial vessels 

may request permission from the 

Captain of the Port Detroit to transit 

through the security zone. The Coast 

Guard will give notice to the public via 

a Broadcast to Mariners that the 

regulation is in effect. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Rules and Regulations 1067 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedure; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a security 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add a new temporary section 

165.T09–1133 as follows: 

§ 165.T09–1133 Security Zone; 23rd 

Annual North American International Auto 

Show, Detroit River, Detroit, MI. 

(a) Location. The following area is a 

temporary security zone: An area of the 

Detroit River encompassed by a line 

beginning at a point of origin on land 

adjacent to the west end of Joe Lewis 

Arena at 42°19.44′ N, 083°03.11′ W; 

then extending offshore approximately 

150 yards to 42°19.39′ N, 083°03.07′ W; 

then proceeding upriver approximately 

2,000 yards to a point at 42°19.72′ N, 

083°01.88′ W; then proceeding onshore 

to a point on land adjacent to the 

Tricentennial State Park at 42°19.79′ N, 

083°01.90′ W; then proceeding 

downriver along the shoreline to 

connect back to the point of origin on 

land adjacent to the west end of the Joe 

Louis Arena. All geographic coordinates 

are North American Datum of 1983 

(NAD 83). 

(b) Effective and enforcement period. 

This section is effective from 9 a.m. on 

January 10, 2011, until 10 p.m. on 

January 23, 2011. The security zone will 

be enforced from 9 a.m. to 5 p.m. daily 

from January 10, 2011, through January 

23, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this security zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated on-scene representative. 

(2) This security zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the security zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the security zone 

shall comply with all directions given to 

them by the Captain of the Port Detroit 

or his on-scene representative. 

Dated: December 23, 2010. 

J.E. Ogden, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2011–89 Filed 1–6–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 799 

[EPA–HQ–OPPT–2007–0531; FRL–8846–9] 

RIN 2070–AD16 

Testing of Certain High Production 

Volume Chemicals; Second Group of 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is promulgating a final 

rule under section 4(a)(1)(B) of the 

Toxic Substances Control Act (TSCA) to 

require manufacturers, importers, and 

processors of certain high production 

volume (HPV) chemical substances to 

conduct testing to obtain screening level 

data for health and environmental 

effects and chemical fate. 


jdjones on DSK8KYBLC1PROD with RULES