Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 7977 

List of Subjects 

34 CFR Part 36 

Claims, Fraud, Penalties. 

34 CFR Part 668 

Administrative practice and 

procedure, Colleges and universities, 

Consumer protection, Grant programseducation, Loan programs-education, 

Reporting and recordkeeping 

requirements, Selective Service System, 

Student aid, Vocational education. 

Phil Rosenfelt, 

Acting Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary amends parts 36 

and 668 of title 34 of the Code of 

Federal Regulations as follows: 

PART 36—ADJUSTMENT OF CIVIL 

MONETARY PENALTIES FOR 

INFLATION 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3 and 3474; 28 

U.S.C. 2461 note, as amended by section 701 

of Pub. Law 114–74, unless otherwise noted. 

■ 2. Section 36.2 is amended by revising 

Table 1 to read as follows: 

§ 36.236 Penalty adjustment. 

* * * * * 

TABLE 1 TO § 36.2—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

Statute Description 

New 

maximum 

(and 

minimum, if 

applicable) 

penalty 

amount 

20 U.S.C. 1015(c)(5) (Section 131(c)(5) of 

the Higher Education Act of 1965 (HEA)).

Provides for a fine, as set by Congress in 1998, of up to $25,000 for failure by an institution of higher education (IHE) to provide information on the cost of higher education to the Commissioner of Education Statistics.$39,693 

20 U.S.C. 1022d(a)(3) (Section 205(a)(3) 

of the HEA).

Provides for a fine, as set by Congress in 2008, of up to $27,500 for failure by an 

IHE to provide information to the State and the public regarding its teacher-preparation programs.

33,062 

20 U.S.C. 1082(g) (Section 432(g) of the 

HEA).

Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for violations by lenders and guaranty agencies of Title IV of the HEA, which authorizes 

the Federal Family Education Loan Program.

59,017 

20 U.S.C. 1094(c)(3)(B) (Section 

487(c)(3)(B) of the HEA).

Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for an 

IHE’s violation of Title IV of the HEA, which authorizes various programs of student financial assistance.

59,017 

20 U.S.C. 1228c(c)(2)(E) (Section 429 of 

the General Education Provisions Act).

Provides for a civil penalty, as set by Congress in 1994, of up to $1,000 for an educational organization’s failure to disclose certain information to minor students and 

their parents.

1,742 

31 U.S.C. 1352(c)(1) and (c)(2)(A) ............. Provides for a civil penalty, as set by Congress in 1989, of $10,000 to $100,000 for 

recipients of Government grants, contracts, etc. that improperly lobby Congress or 

the Executive Branch with respect to the award of Government grants and contracts.

20,731 to 

207,314 

31 U.S.C. 3802(a)(1) and (a)(2) ................. Provides for a civil penalty, as set by Congress in 1986, of up to $5,000 for false 

claims and statements made to the Government.

11,803 

* * * * * 

PART 668—STUDENT ASSISTANCE 

GENERAL PROVISIONS 

■ 3. The authority citation for part 668 

continues to read in part as follows: 

Authority: 20 U.S.C. 1001–1003, 1070a, 

1070g, 1085, 1087b, 1087d, 1087e, 1088, 

1091, 1092, 1094, 1099c, 1099c–1, 1221e–3, 

and 3474; Pub. L. 111–256, 124 Stat. 2643; 

unless otherwise noted. 

* * * * * 

§ 668.84 Amended] 

■ 4. In § 668.84 amend paragraph (a)(1) 

introductory text by removing the 

number ‘‘$58,328’’ and adding, in its 

place, the number ‘‘$59,017’’. 

[FR Doc. 2021–02231 Filed 2–2–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140819687–5583–02] 

RTID 0648–XA842 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2020–2021 Commercial 

Closure for Spanish Mackerel in the 

Atlantic Southern Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Atlantic 

southern zone for commercial Spanish 

mackerel in or from the Atlantic 

exclusive economic zone. NMFS has 

determined that the commercial quota 

for Spanish mackerel in the Atlantic 

southern zone will be reached by 

February 3, 2021. Therefore, NMFS 

closes the Atlantic southern zone to 

commercial harvest of Spanish mackerel 

on February 3, 2021. This closure is 

necessary to protect the Spanish 

mackerel resource in the Atlantic. 

DATES: This temporary rule is effective 

from 6 a.m. eastern time on February 3, 

2021, until 12:01 a.m. eastern time on 

March 1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

in the Atlantic includes king mackerel, 

Spanish mackerel, and cobia on the east 


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7978 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 

coast of Florida, and is managed under 

the Fishery Management Plan for the 

Coastal Migratory Pelagic Resources of 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights described for the Atlantic 

migratory group of Spanish mackerel 

(Atlantic Spanish mackerel) apply as 

either round or gutted weight. 

For management purposes, the 

commercial sector of Atlantic Spanish 

mackerel is divided into northern and 

southern zones. The southern zone 

consists of Federal waters off South 

Carolina, Georgia, and the east coast of 

Florida. The southern zone boundaries 

extend from the border of North 

Carolina and South Carolina, which is a 

line extending in a direction of 

135°34′55′′ from true north beginning at 

33°51′07.9′′ N latitude and 78°32′32.6′′ 

W longitude to the intersection point 

with the outward boundary of the U.S. 

exclusive economic zone, to the border 

of Miami-Dade and Monroe Counties in 

Florida at 25°20′24′′ N latitude. 

The southern zone commercial quota 

for Atlantic Spanish mackerel is 

2,667,330 lb (1,209,881 kg). Regulations 

at 50 CFR 622.388(d)(1)(i) require NMFS 

to close the commercial sector for 

Atlantic Spanish mackerel in the 

southern zone when the commercial 

quota is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for Atlantic Spanish 

mackerel in the southern zone will be 

reached by February 3, 2021. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

southern zone is closed effective at 6 

a.m. eastern time on February 3, 2021, 

through February 28, 2021, the end of 

the current fishing year. 

During the commercial closure, a 

person on a vessel that has been issued 

a valid Federal permit to harvest 

Atlantic Spanish mackerel may 

continue to retain this species in the 

southern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (a)(2), as 

long as the recreational sector for 

Atlantic Spanish mackerel is open (50 

CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the southern 

zone, including those harvested under 

the bag and possession limits, may not 

be purchased or sold. This prohibition 

does not apply to Atlantic Spanish 

mackerel from the southern zone that 

were harvested, landed ashore, and sold 

prior to the closure and were held in 

cold storage by a dealer or processor (50 

CFR 622.384(e)(2)). 

Commercial harvest of Atlantic 

Spanish mackerel in the southern zone 

for the 2021–2022 fishing year begins on 

March 1, 2021. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.388(d)(1)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

for Atlantic Spanish mackerel have 

already been subject to notice and 

public comment, and all that remains is 

to notify the public of the commercial 

closure. Prior notice and opportunity for 

public comment on this action is 

contrary to the public interest because 

of the need to immediately implement 

the commercial closure to protect the 

Atlantic Spanish mackerel resource. The 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota, 

and any delay in the commercial closure 

could result in the commercial quota 

being exceeded. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest that exceeds the 

commercial quota. 

For the aforementioned reasons, there 

is good cause under 5 U.S.C. 553(d)(3) 

to waive the 30-day delay in 

effectiveness of this action. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 29, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02235 Filed 1–29–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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