Federal Register - January 29, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations request to meet the requesters needs at a lower cost.
3 When a requester has previously failed to pay a properly charged FOIA
fee to the CPSC within 30 calendar days of the date of billing, the FOIA Office may notify the requester that the requester is required to pay the full amount owed, plus any applicable interest, and to make an advance payment of the full amount of any anticipated fee, before the FOIA Office begins to process a new request or continues processing a pending request from that requester.
4 When the CPSC FOIA Office requires advance payment, the FOIA
Office will not further process the request until the required payment is made. The FOIA Office will toll the processing of the request while it notifies the requester of the advanced payment due, and the administrative time limits in 1015.5 will begin only after the agency has received the advance payments. If the requester does not pay the advance payment within 30
calendar days from the date of the FOIA
Offices fee notice, the FOIA Office will presume that the requester is no longer interested in the records and notify the requester that the request has been closed.
1015.20
Amended
10. Amend 1015.20a by removing the phrase the investigatory file exemption and adding in its place the word exemptions.
Alberta E. Mills, Secretary, Consumer Product Safety Commission.
To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0056 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 Anthony Solares, Waterways Management, U.S. Coast Guard; telephone 415 3997443, email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
BILLING CODE 635501P
CFR Code of Federal Regulations COTP Captain of the Port San Francisco DHS Department of Homeland Security Section U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
II. Background Information and Regulatory History
FR Doc. 202028336 Filed 12821; 8:45 am
Coast Guard 33 CFR Part 165
Docket No. USCG20210056
RIN 1625AA00
Emergency Safety Zone; Humboldt Bay Bar Entrance Closure for Piloted Vessels, Humboldt Bay, Eureka, CA
khammond on DSKJM1Z7X2PROD with RULES
emergency safety zone is in support of the safe navigation of piloted vessels transiting and is needed to protect life, vessels, and the maritime environment from potential hazards posed by the wreckage of a fishing vessel that sank near the Channel on January 24, 2021.
The location of the wreckage is currently unknown. Due to heavy weather conditions, a proper survey of the wreckage cannot be immediately completed. Unauthorized piloted vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission from the Captain of the Port San Francisco or a designated representative.
DATES: This rule is effective without actual notice from January 29, 2021
through 11:59 p.m. on February 10, 2021. For the purposes of enforcement, actual notice will be used from 12 p.m.
January 26, 2021 through January 29, 2021.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is establishing a temporary safety zone in the navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, of Eureka, CA. This
SUMMARY:
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The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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 received notice of the wrecked vessel and the resulting immediate need for this safety
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zone on January 24, 2021. It is impracticable to go through the full rulemaking process, including providing a reasonable comment period and considering those comments, because the Coast Guard must establish this emergency temporary safety zone by January 26, 2021.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to protect personnel, vessels, and the marine environment from potential hazards within the Humboldt Bay Bar entrance created by a recently wrecked vessel.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 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 a vessel marine casualty exist within the entrance of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel. This rule is needed to protect personnel and piloted vessels transiting through the potentially hazardous section of the navigable waters until the wreckage can be located and addressed.
IV. Discussion of the Rule This rule establishes a temporary safety zone in navigable waters of the Humboldt Bay Bar Channel and the Humboldt Bay Entrance Channel, of Eureka, CA from January 26, 2021 at 12:00 p.m. through February 10, 2021 at 11:59 p.m. The effect of the temporary safety zone will be to prohibit unauthorized navigation by piloted vessels within the Humboldt Bay Bar Channel while the hazards associated with a recent marine casualty exist.
Except for piloted vessels authorized by the Captain of the Port or a designated representative, no piloted vessel may enter or remain in the restricted area. A
designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the COTP in the enforcement of the safety zone.
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
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