Safety Zone; Bahia de Ponce, Ponce, PR
| Published date | 03 February 2021 |
| Citation | 86 FR 7972 |
| Record Number | 2021-02104 |
| Section | Rules and Regulations |
| Court | Coast Guard |
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 ship-
to-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
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 ship-
to-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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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 on-
scene 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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