7972 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 

33 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 

of the Investment Company Act of 

1940.33

List of Subjects in 17 CFR Part 232 

Incorporation by reference, Reporting 

and recordkeeping requirements, 

Securities. 

Text of the Amendments 

In accordance with the foregoing, title 

17, chapter II of the Code of Federal 

Regulations is amended as follows: 

PART 232—REGULATION S–T— 

GENERAL RULES AND REGULATIONS 

FOR ELECTRONIC FILINGS 

■ 1. The general authority citation for 

part 232 continues to read as follows: 

Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 

77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 

78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 

80a–29, 80a–30, 80a–37, 7201 et seq.; and 18 

U.S.C. 1350, unless otherwise noted. 

* * * * * 

■ 2. Amend § 232.10 by revising 

paragraph (b)(2) and adding paragraph 

(c) to read as follows: 

§ 232.10 Application of part 232. 

* * * * * 

(b) * * * 

(2) File, by uploading as a Portable 

Document Format (PDF) attachment to 

the Form ID filing, a notarized 

document, signed by the applicant, that 

includes the information required to be 

included in the Form ID filing and 

confirms the authenticity of the Form ID 

filing. 

(c) The requirements of § 232.302 

(Rule 302) do not apply to the notarized 

document required by paragraph (b)(2) 

of this section. 

* * * * * 

■ 3. Amend § 232.12 by revising 

paragraph (c) to read as follows: 

§ 232.12 Business hours of the 

Commission. 

* * * * * 

(c) Submissions by direct 

transmission. Electronic filings and 

other documents may be submitted to 

the Commission each day, except 

Saturdays, Sundays, and Federal 

holidays, from 6 a.m. to 10 p.m., Eastern 

Time. 

■ 4. Revise § 232.301 to read as follows: 

§ 232.301 EDGAR Filer Manual. 

Filers must prepare electronic filings 

in the manner prescribed by the EDGAR 

Filer Manual, promulgated by the 

Commission, which sets forth the 

technical formatting requirements for 

electronic submissions. The 

requirements for becoming an EDGAR 

Filer and updating company data are set 

forth in the updated EDGAR Filer 

Manual, Volume I: ‘‘General 

Information,’’ Version 36 (December 

2020). The requirements for filing on 

EDGAR are set forth in the updated 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 56 (December 

2020). All of these provisions have been 

incorporated by reference into the Code 

of Federal Regulations, which action 

was approved by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. You 

must comply with these requirements in 

order for documents to be timely 

received and accepted. The EDGAR 

Filer Manual is available at https://

www.sec.gov/edgar/filer-information/ 

current-edgar-filer-manual. The EDGAR 

Filer Manual is also available for 

website viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street NE, Washington, DC 20549, 

on official business days between the 

hours of 10 a.m. and 3 p.m. You can 

also inspect the document at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fedreg.legal@

nara.gov, or go to: https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

By the Commission. 

Dated: December 11, 2020. 

Vanessa A. Countryman, 

Secretary. 

[FR Doc. 2021–00381 Filed 2–2–21; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0630] 

RIN 1625–AA00 

Safety Zone; Bahia de Ponce, Ponce, 

PR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanment safety zone 

for certain waters of Bahia de Ponce, 

Ponce, Puerto Rico. This action is 

necessary to provide for the safety of life 

on these navigable waters during shipto-ship liquefied gas transfer operations 

between liquefied gas carriers. This rule 

will prohibit persons and vessels from 

being in the safety zone when activated 

unless authorized by the Captain of the 

Port San Juan or a designated 

representative. 

DATES: This rule is effective March 5, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0630 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 Lieutenant Natallia Lopez, Sector 

San Juan Prevention Department, 

Waterways Management Division, U.S. 

Coast Guard; telephone 787–729–2380, 

email ssjwwm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

LG Liquefied Gas 

LNG Liquefied Natural Gas 

NPRM Notice of proposed rulemaking 

PR Puerto Rico 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 20, 2020, New Fortress 

Energy requested to begin conducting 

ship-to-ship liquefied natural gas (LNG) 

transfer operations in a location 

approximately three nautical miles 

south of Ponce, Puerto Rico (PR). Coast 

Guard Sector San Juan engaged with 

local stakeholders and determined the 

proposed location could accommodate 

regular anchoring and ship-to-ship 

liquefied gas (LG) transfer operations 

between LG carriers. The Captain of the 

Port San Juan (COTP) has determined 

that potential hazards associated with 

ship-to-ship LG transfer operations 

between LG carriers would be a safety 

concern for anyone within 100-yards of 

the location of the transfer operations. 

In response, on December 1, 2020, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Safety Zone; Bahia de Ponce, Ponce, 

PR’’ (85 FR 77093). There we stated why 

we issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this fireworks display. 

During the comment period that ended 

December 31, 2020 we received no 

comments. 


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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 7973 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP has determined that potential 

hazards associated with transfer 

operations between LG carriers would 

be a safety concern for anyone within 

100-yards of the location of the transfer 

operations. The purpose of this rule is 

to ensure safety of vessels and the 

navigable waters in the safety zone. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on the NPRM that published 

December 1, 2020. There are two 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. In § 165.788(a), under 

‘‘Regulated area’’ the text stating, ‘‘The 

waters around liquefied gas carriers 

conducting ship-to-ship liquefied 

natural gas transfer operations,’’ is 

changed to, ‘‘The waters around 

liquefied gas carriers conducting shipto-ship liquefied gas transfer 

operations,’’ removing the word 

‘‘natural.’’ § 165.788)(b)(4), under 

‘‘Regulations,’’ the phrase ‘‘liquefied 

natural gas’’ is also changed to 

‘‘liquefied gas.’’ 

This rule establishes a permanent 

safety zone in certain waters of Bahia de 

Ponce, Ponce, PR where New Fortress 

Energy will be conducting ship-to-ship 

LNG transfer operations. These 

operations will be ongoing for the 

forseeable future. Accordingly, LG 

transfer operations will be held at 

various times on the waters of Bahia de 

Ponce, Ponce, PR. 

This rule establishes a 100-yard safety 

zone in a location approximately three 

nautical miles south of Ponce, PR, while 

LG transfer operations are being 

conducted. No vessel or person will be 

permitted to enter the safety zone when 

activated without obtaining permission 

from the COTP or a designated 

representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

permanent safety zone by contacting the 

Captain of the Port San Juan by VHF– 

FM radio on Channels 16 and 22A, by 

calling Sector San Juan Command 

Center at (787) 289–2041, or via email 

to ssjcc@uscg.mil. If authorization to 

enter, transit through, or remain in the 

zones during transfer operations at any 

time is granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port San Juan or a 

designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, duration 

and restrictions of the safety zone. The 

safety zone required for these operations 

is 100 yards, making the safety zone 

limited in size. The safety zone is 

limited to a location approximately 

three nautical miles south of Ponce, PR, 

making the zone limited in location. 

Additionally, the safety zone will be 

enforced only while LG transfer 

operations are being conducted, making 

it limited in duration. Vessels will be 

permitted to enter the safety zone when 

ship-to-ship transfer operations are not 

being conducted, limiting the 

restrictions associated with the safety 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. 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 received no comments 

from the Small Business Administration 

on this rulemaking. 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. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

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. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, 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. 

E. 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 


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7974 Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations 

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. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that 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 involves a safety 

zone during ship-to-ship liquefied 

transfer operations lasting 

approximately 24 hours that would 

prohibit entry within 100 yards of the 

location of the transfer operations. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.788 to read as follows: 

§ 165.788 Safety Zone; Bahia de San Juan, 

Ponce, Puerto Rico. 

(a) Regulated area. A safety zone is 

established in the following area: 

The waters around liquefied gas 

carriers conducting ship-to-ship 

liquefied gas transfer operations in an 

area 100-yards around each vessel in the 

approximate position 17°54′20′′ N, 

066°35′6′′ W. All coordinates are North 

American Datum 1983. 

(b) Regulations. (1) No person or 

vessel may enter, transit or remain in 

the safety zone unless authorized by the 

Captain of the Port, San Juan, Puerto 

Rico, or a designated Coast Guard 

commissioned, warrant, or petty officer. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the Captain of the Port 

or the designated Coast Guard 

commissioned, warrant, or petty officer. 

(2) Vessels encountering emergencies, 

which require transit through the safety 

zone, should contact the Coast Guard 

patrol craft or Duty Officer on VHF 

Channel 16. In the event of an 

emergency, the Coast Guard patrol craft 

may authorize a vessel to transit through 

the safety zone with a Coast Guard 

designated escort. 

(3) The Captain of the Port and the 

Duty Officer at Sector San Juan, Puerto 

Rico, can be contacted at telephone 

number 787–289–2041. The Coast 

Guard Patrol Commander enforcing the 

safety zone can be contacted on VHF– 

FM channels 16 and 22A. 

(4) Coast Guard Sector San Juan will, 

when necessary and practicable, notify 

the maritime community of periods 

during which the safety zones will be in 

effect by providing advance notice of 

scheduled ship-to-ship liquefied gas 

transfer operations of liquefied gas 

carriers via a Marine Broadcast Notice to 

Mariners. 

(5) All persons and vessels must 

comply with the instructions of onscene patrol personnel. On-scene patrol 

personnel include commissioned, 

warrant, or petty officers of the U.S. 

Coast Guard. Coast Guard Auxiliary and 

local or state officials may be present to 

inform vessel operators of the 

requirements of this section, and other 

applicable laws. 

Dated: January 25, 2021. 

G.H. Magee, 

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

Port San Juan. 

[FR Doc. 2021–02104 Filed 2–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 36 and 668 

RIN 1801–AA21 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Department of Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) issues these final 

regulations to adjust the Department’s 

civil monetary penalties (CMPs) for 

inflation. This adjustment is required by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), which amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Inflation 

Adjustment Act). These final regulations 

provide the 2021 annual inflation 

adjustments being made to the penalty 

amounts in the Department’s final 

regulations published in the Federal 

Register on January 14, 2020 (2020 final 

rule). 

DATES: These regulations are effective 

February 3, 2021. The adjusted CMPs 

established by these regulations are 

applicable only to civil penalties 

assessed after February 3, 2021 whose 

associated violations occurred after 

November 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Levon Schlichter, U.S. Department of 

Education, Office of the General 

Counsel, 400 Maryland Avenue SW, 

Room 6E235, Washington, DC 20202– 

2241. Telephone: (202) 453–6387. 

Email: levon.schlichter@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service, toll free, at 1–800–877–8339. 

On request to the contact person 

listed in this section, individuals with 

disabilities can obtain this document in 

an accessible format. The Department 

will provide the requestor with an 

accessible format that may include Rich 

Text Format (RTF) or text format (txt), 

a thumb drive, an MP3 file, braille, large 

print, audiotape, or compact disc, or 

other accessible format. 

SUPPLEMENTARY INFORMATION: 

Background 

A CMP is defined in the Inflation 

Adjustment Act (28 U.S.C. 2461 note) as 

any penalty, fine, or other sanction that 

is (1) for a specific monetary amount as 

provided by Federal law, or has a 

maximum amount provided for by 

Federal law; (2) assessed or enforced by 

an agency pursuant to Federal law; and 

(3) assessed or enforced pursuant to an 


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