78230 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

copy of any or all documents retained 

pursuant to this paragraph (b). 

* * * * * 

(d) Each manually or electronically 

signed signature page or other document 

authenticating, acknowledging, or 

otherwise adopting his or her signature 

that appears in typed form within the 

electronic filing (‘‘authentication 

document’’)— 

(1) On Schedule F to Form SBSE 

(§ 249.1600 of this chapter), SBSE–A 

(§ 249.1600a of this chapter), or SBSE– 

BD (§ 249.1600b of this chapter), as 

appropriate, shall be retained by the 

filer until at least three years after the 

form or certification has been replaced 

or is no longer effective; 

(2) On Form SBSE–C (§ 249.1600c of 

this chapter) shall be retained by the 

filer until at least three years after the 

Form was filed with the Commission. 

■ 11. Amend § 240.16a–3 by revising 

paragraph (i) to read as follows: 

§ 240.16a–3 Reporting transactions and 

holdings. 

* * * * * 

(i) Signatures. Where Section 16 of 

the Act, or the rules or forms 

thereunder, require a document filed 

with or furnished to the Commission to 

be signed, such document shall be 

manually signed, or signed using either 

typed signatures or duplicated or 

facsimile versions of manual signatures. 

Where typed, duplicated, or facsimile 

signatures are used, each signatory to 

the filing shall manually or 

electronically sign a signature page or 

other document authenticating, 

acknowledging, or otherwise adopting 

his or her signature that appears in the 

filing (‘‘authentication document’’). 

Such authentication document shall be 

executed before or at the time the filing 

is made and shall be retained by the 

filer for a period of five years. The 

requirements set forth in § 232.302(b) 

must be met with regards to the use of 

an electronically signed authentication 

document pursuant to this paragraph (i). 

Upon request, the filer shall furnish to 

the Commission or its staff a copy of any 

or all documents retained pursuant to 

this section. 

* * * * * 

PART 249—FORMS, SECURITIES 

EXCHANGE ACT OF 1934 

■ 12. The general authority citation for 

part 249 continues to read as follows: 

Authority: 15 U.S.C. 78a et seq. and 7201 

et seq.; 12 U.S.C. 5461 et seq.; 18 U.S.C. 1350; 

Sec. 953(b), Pub. L. 111–203, 124 Stat. 1904; 

Sec. 102(a)(3), Pub. L. 112–106, 126 Stat. 309 

(2012); Sec. 107, Pub. L. 112–106, 126 Stat. 

313 (2012), and Sec. 72001, Pub. L. 114–94, 

129 Stat. 1312 (2015), unless otherwise 

noted. 

* * * * * 

■ 13. Amend Form CB (referenced in 

§ 249.480) by amending General 

Instruction II.B to read as follows: 

Note: The text of Form CB does not, and 

this amendment will not, appear in the Code 

of Federal Regulations. 

United States 

Securities and Exchange Commission 

Washington, DC 20549 

Form CB 

* * * * * 

B. When submitting the Form CB in 

electronic format, the persons specified 

in Part IV must provide signatures in 

accordance with Regulation S–T Rule 

302 (17 CFR 232.302). When submitting 

the Form CB in paper, the persons 

specified in Part IV must sign the 

original and at least one copy of the 

Form and any amendments. You must 

conform any unsigned copies. The 

specified persons may provide typed or 

facsimile signatures in accordance with 

Securities Act Rule 402(e) (17 CFR 

230.402(e)) or Exchange Act Rule 12b– 

11(d) (17 CFR 240.12b–11(d)) as long as 

the filer retains copies of signatures 

manually or electronically signed by 

each of the specified persons for five 

years. The requirements set forth in 

Regulation S–T Rule 302(b) (17 CFR 

232.302(b)) must be met with regards to 

the use of an electronically signed 

signature page. 

* * * * * 

PART 270—RULES AND 

REGULATIONS, INVESTMENT 

COMPANY ACT OF 1940 

■ 14. The authority citation for part 270 

continues to read, in part, as follows: 

Authority: 15 U.S.C. 80a–1 et seq., 80a– 

34(d), 80a–37, 80a–39, and Pub. L. 111–203, 

sec. 939A, 124 Stat. 1376 (2010), unless 

otherwise noted. 

* * * * * 

Section 270.8b–11 is also issued under 15 

U.S.C. 77s, 80a–8, and 80a–37. 

* * * * * 

■ 15. Amend § 270.8b–11 by revising 

paragraph (e) to read as follows: 

§ 270.8b–11 Number of copies; signatures; 

binding. 

* * * * * 

(e) Signatures. Where the Act or the 

rules thereunder, including paragraph 

(c) of this section, require a document 

filed with or furnished to the 

Commission to be signed, the document 

should be manually signed, or signed 

using either typed signatures or 

duplicated or facsimile versions of 

manual signatures. When typed, 

duplicated, or facsimile signatures are 

used, each signatory to the filing shall 

manually or electronically sign a 

signature page or other document 

authenticating, acknowledging, or 

otherwise adopting his or her signature 

that appears in the filing 

(‘‘authentication document’’). Execute 

each such authentication document 

before or at the time the filing is made 

and retain for a period of five years. The 

requirements set forth in § 232.302(b) 

must be met with regards to the use of 

an electronically signed authentication 

document pursuant to this paragraph 

(e). Upon request, the registrant shall 

furnish to the Commission or its staff a 

copy of any or all documents retained 

pursuant to this section. 

By the Commission. 

Dated: November 17, 2020. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2020–26166 Filed 12–3–20; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 214 

[Docket No. FR–6215–I–02] 

RIN 2502–ZA34 

Housing Counseling Program: 

Revision of the Certification Timeline 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule follows HUD’s 

interim final rule (the interim rule) 

published on August 5, 2020. The 

interim rule extended the deadline by 

which participating agencies and 

counselors must comply with 

certification requirements in HUD’s 

Housing Counseling Program from 

August 1, 2020 to August 1, 2021. The 

reason for the extension is that due to 

the COVID–19 national emergency, a 

large number of housing counselors 

would have been unable to get certified 

by the end of the grace period, resulting 

in a loss of Federal funding for some 

HUD-approved housing counseling 

agencies and loss of the ability to 

provide counseling that is required or 

provided in numerous HUD programs. 

HUD considered public comment on the 

interim rule. This rule makes the 

interim rule a final rule, without 

change. 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 78231 

DATES: Effective date: The August 

interim rule (85 FR 47300) extending 

the August 1, 2020 counseling 

certification deadline is confirmed as 

final on December 4, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Lorraine Griscavage-Frisbee at Office of 

Housing Counseling, Office of Housing, 

Department of Housing and Urban 

Development, 302 Carson Street, Las 

Vegas, Nevada 89101, telephone number 

702–366–2160 (this is not a toll-free 

number). Persons with hearing or 

speech challenges may access this 

number through TTY by calling the tollfree Federal Relay Service at 800–877– 

8339. Questions can also be addressed 

to Lorraine Griscavage-Frisbee, Office of 

Housing Counseling, at 

housing.counseling@hud.gov. Please 

include ‘‘Housing Counseling Program: 

Date Housing Counseling Agencies Must 

Comply with Certification 

Requirements’’ in the subject line of the 

email. 

I. Background 

Section 106 of the Housing and Urban 

Development Act of 1968 (12 U.S.C. 

1701x) (Section 106) was amended by 

Subtitle D of title XIV of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (Pub. L. 111–203, 124 

Stat. 1376, approved July 21, 2010) to 

strengthen and improve the 

effectiveness of housing counseling that 

is required under or provided in 

connection with HUD programs (Section 

106 amendments). The Section 106 

amendments require that individuals 

providing housing counseling required 

under or provided in connection with 

HUD programs be certified by taking 

and passing an examination 

administered by HUD’s Office of 

Housing Counseling (12 U.S.C. 

1701x(e)). On December 14, 2016, HUD 

published a final rule implementing the 

Section 106 certification requirements, 

including the requirement that housing 

counseling that is required by or in 

connection with HUD programs may 

only be provided by HUD certified 

housing counselors working for HUDapproved housing counseling agencies 

(HCAs) that are approved to provide 

such housing counseling by HUD’s 

Office of Housing Counseling. See 81 FR 

90632. The 2016 final rule codified the 

grace period at 24 CFR 214.103(n)(4), 

which provides that ‘‘[p]articipating 

agencies and housing counselors must 

be in compliance with requirements of 

paragraph (n) of this section by 36 

months after HUD commences the 

administration of the certification 

examination by publication in the 

Federal Register.’’ On May 31, 2017, 

HUD published a notice announcing the 

availability of the certification 

examination beginning August 1, 2017, 

and providing the deadline of August 1, 

2020, within which all housing 

counselors and HCAs must satisfy the 

certification requirements in the final 

rule. See 82 FR 24988. 

On March 13, 2020, the President 

declared the Coronavirus Disease 2019 

(COVID–19) outbreak a national 

emergency, effective March 1, 2020. 

HUD housing counselor certification 

testing centers started to close in midMarch 2020, and by mid-April 2020, all 

462 testing centers had closed. In 

addition, all 35 HUD in-person placebased housing counselor certification 

trainings originally scheduled were 

cancelled, severely impacting the ability 

of all counselors and counseling 

agencies to be certified by the deadline. 

Accordingly, on August 5, 2020, HUD 

published an interim rule amending 24 

CFR 214.103(n)(4) to announce the new 

compliance date as August 1, 2021 (See 

85 FR 47300). 

II. The Public Comments 

The public comment period for the 

interim rule closed on September 4, 

2021. HUD received one comment. This 

comment was generally supportive of 

the rule and stated that HUD should 

consider offering resources and testing 

beyond English and Spanish. 

Specifically, the comment read: 

‘‘Housing Counselors who speak and 

serve populations who speak a language 

other than English or Spanish are 

finding it difficult to achieve 

certification without appropriate 

materials. As such, many culturally 

specific organizations could end up 

without a certified Counselor.’’ 

HUD Response. The interim rule 

amended only 24 CFR 214.103(n)(4), 

leaving the remainder of the rule in 

place. The rule currently provides, at 

§ 214.103(g)(3), that counseling agencies 

‘‘must have housing counselor(s) who 

are fluent in the language of the clients 

they serve, or the housing counseling 

agency must use the services of an 

interpreter, or the agency must refer the 

client to another agency that can meet 

the client’s needs.’’ While HUD agrees 

that counseling agencies should serve 

clients who may speak languages other 

than English or Spanish, HUD finds that 

the current regulation is adequate in this 

regard. Furthermore, the interim rule 

concerned a specific issue regarding a 

date by which counselors would have to 

be certified, and other aspects of the 

housing counseling regulations are 

outside the scope of the interim rule. 

Therefore, HUD is not making a change 

regarding its language policy. 

III. This Final Rule 

This final rule adopts the interim rule, 

published at 85 FR 47300 (August 5, 

2020), without change. 

IV. Findings and Certifications 

Regulatory Review—Executive Orders 

12866 and 13563 

Under Executive Order 12866 

(Regulatory Planning and Review), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome,’’ and to modify, 

streamline, expand, or repeal them in 

accordance with what has been learned. 

Executive Order 13563 also directs that, 

where relevant, feasible, and consistent 

with regulatory objectives, and to the 

extent permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. This final rule was 

not determined to be a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of the Executive order, and is not 

expected to impose any burdens or 

costs, for the reasons stated in the 

interim rule at 85 FR 47303 (August 5, 

2020). 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) establishes 

requirements for federal agencies to 

assess the effects of their regulatory 

actions on state, local, and tribal 

governments and the private sector. 

This final rule will not impose any 

federal mandates on any state, local, or 

tribal governments or the private sector 

within the meaning of UMRA. 

Environmental Review 

This final rule does not (i) Direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction; or (ii) Establish, 

revise, or provide for standards for 

construction or construction materials, 

manufactured housing, or occupancy. 

Accordingly, under 24 CFR 50.19(c)(1), 

this final rule is categorically excluded 

from environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

78232 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Rules and Regulations 

Impact on Small Entities 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601, et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

allows housing counseling agencies to 

continue to operate as they currently do 

during the COVID–19 emergency. 

Therefore, the undersigned certifies that 

this final rule will not have a significant 

impact on a substantial number of small 

entities. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

final rule does not have federalism 

implications and does not impose 

substantial direct compliance costs on 

state and local governments nor 

preempt state law within the meaning of 

the Executive order. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance (CFDA) Program number for 

the Housing Counseling Program is 

14.169. 

List of Subjects in 24 CFR Part 214 

Administrative practice and 

procedure; Loan program-housing and 

community development; Organization 

and functions (government agencies); 

Reporting and recordkeeping 

requirements. 

PART 214—HOUSING COUNSELING 

PROGRAM 

■ Accordingly, for the reasons stated in 

the preamble, the interim rule amending 

24 CFR part 214 that was published at 

85 FR 47300 (August 5, 2020) is adopted 

without change. 

Dana T. Wade, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2020–26194 Filed 12–3–20; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2020–0540] 

RIN 1625–AA00 

Safety Zone; Oakland Ship-to-Shore 

Crane Arrival, San Francisco Bay, 

Oakland, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the San 

Francisco Bay during the transit of the 

M/V ZHEN HUA 35, scheduled to arrive 

between December 6, 2020 and 

December 20, 2020. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from heavy 

equipment which will be extending 

more than 200 feet over the water from 

the vessel. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port San Francisco or 

a designated representative. 

DATES: This rule is effective from 12:01 

a.m. on December 6, 2020 until 11:59 

p.m. on December 20, 2020, or as 

announced via Broadcast Notice to 

Mariners. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0540 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Jennae Cotton, Waterways 

Management, U.S. Coast Guard; 

telephone (415) 399–3585, email 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port San Francisco 

DHS Department of Homeland Security 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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 with 

respect to this rule because it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

November 20, 2020. The Coast Guard 

must establish this safety zone by 

December 6, 2020 and lacks sufficient 

time to provide a reasonable comment 

period and consider those comments 

before issuing the rule. 

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. It is contrary to the public 

interest to delay the effective date of this 

rule because we need to have the safety 

zone in place to protect vessels and 

persons from the dangers associated 

with the crane arms extending over the 

water from the M/V ZHEN HUA 35 

between December 6, 2020 and 

December 20, 2020 while the vessel is 

shoreward of the line drawn between 

San Francisco Main Ship Channel 

Lighted Bell Buoy 7 and San Francisco 

Main Ship Channel Lighted Whistle 

Buoy 8 until the vessel arrives at Berth 

57 in Oakland, CA. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port San Francisco has 

determined that potential hazards 

associated with the transit of the M/V 

ZHEN HUA 35 between December 6, 

2020 and December 20, 2020, will be a 

safety concern for anyone within a 500- 

foot radius of the vessel during its 

transit to Oakland, Berth 57, while the 

vessel is within the San Francisco Bay 

and areas shoreward of the line drawn 

between San Francisco Main Ship 

Channel Lighted Bell Buoy 7 and San 

Francisco Main Ship Channel Lighted 

Whistle Buoy 8 (LLNR 4190 & 4195) in 

positions 37°46.9′ N, 122°35.4′ W and 

37°46.5′ N, 122°35.2′ W, respectively. 

For this reason, a safety zone is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters around the M/V ZHEN HUA 35 

during its transit to Berth 57 at the 

Oakland International Container 

Terminal in Oakland, CA.