Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations 7499 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs, Takeoff Minimums and 

ODPs, and safety in air commerce, I find 

that notice and public procedure under 

5 U.S.C. 553(b) are impracticable and 

contrary to the public interest and, 

where applicable, under 5 U.S.C. 553(d), 

good cause exists for making some 

SIAPs effective in less than 30 days. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Lists of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(Air). 

Issued in Washington, DC, on January 8, 

2021. 

Wade Terrell, 

Aviation Safety Manager, Flight Procedures 

& Airspace Group, Flight Technologies and 

Procedures Division. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, Title 14, 

Code of Federal Regulations, Part 97 (14 

CRF part 97) is amended by 

establishing, amending, suspending, or 

removing Standard Instrument 

Approach Procedures and/or Takeoff 

Minimums and Obstacle Departure 

Procedures effective at 0901 UTC on the 

dates specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 25 February 2021 

Los Angeles, CA, KLAX, ILS OR LOC RWY 

25L, ILS RWY 25L (CAT II), ILS RWY 25L 

(CAT III), Amdt 14B 

Los Angeles, CA, KLAX, RNAV (GPS) Y RWY 

25L, Amdt 4B 

Los Angeles, CA, KLAX, RNAV (RNP) Z 

RWY 25L, Amdt 2B 

Hilo, HI, Hilo Intl, ILS OR LOC RWY 26, 

Amdt 14 

Hilo, HI, Hilo Intl, RNAV (GPS) RWY 26, 

Amdt 2 

Goodland, KS, KGLD, RNAV (GPS) RWY 12, 

Amdt 2B 

Goodland, KS, KGLD, RNAV (GPS) RWY 30, 

Amdt 1D 

Marksville, LA, Marksville Muni, RNAV 

(GPS) RWY 4, Orig-B 

Marksville, LA, Marksville Muni, VOR–A, 

Amdt 4A 

Bedford, MA, KBED, RNAV (GPS) RWY 23, 

Amdt 1 

Bedford, MA, KBED, RNAV (GPS) Z RWY 11, 

Amdt 2 

Bedford, MA, KBED, RNAV (RNP) Y RWY 

11, Amdt 1 

Bedford, MA, KBED, RNAV (RNP) Y RWY 

29, Amdt 1 

Lawrence, MA, KLWM, RNAV (GPS) RWY 

23, Amdt 2 

Vermillion, SD, KVMR, RNAV (GPS) RWY 

30, Amdt 2B 

Dublin, VA, KPSK, ILS OR LOC Y RWY 6, 

Orig-B 

Dublin, VA, KPSK, ILS OR LOC Z RWY 6, 

Amdt 5B 

[FR Doc. 2021–01763 Filed 1–28–21; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1015 

[Docket No. CPSC–2020–0011] 

Fees for Production of Records; Other 

Amendments to Procedures for 

Disclosure of Information Under the 

Freedom of Information Act 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC) is amending its 

Freedom of Information Act (FOIA) fee 

regulations to reflect more accurately 

the CPSC’s direct costs of providing 

FOIA services, as well as to conform to 

the Office of Management and Budget’s 

(OMB’s) Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines and to omit the fee category 

for the production of records on 

microfiche, an obsolete format. The 

CPSC also is amending other sections of 

its FOIA regulations to reflect 

organizational changes in the agency’s 

FOIA Office; to codify the existing 

practice of the General Counsel 

remanding cases to the Chief FOIA 

Officer; and to allow for application of 

any relevant FOIA exemptions. 

DATES: The rule is effective on March 1, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Abioye Ella Mosheim, Chief FOIA 

Officer and Assistant General Counsel, 

email: amosheim@cpsc.gov; telephone: 

(301) 504–7454; or Matthew S. OseiBonsu, Attorney-Advisor, email: 

moseibonsu@cpsc.gov; telephone: (301) 

504–7071; U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814. 

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority 

On June 30, 2016, the President 

signed into law the FOIA Improvement 

Act of 2016, Public Law 114–185 (2016 

Act). The 2016 Act amends the Freedom 

of Information Act, 5 U.S.C. 552, 

requiring, inter alia, the Chief FOIA 

Officer of every agency to review its 

FOIA fee regulations annually. See 5 

U.S.C. 552(j)(3)(C). 

OMB’s Uniform Freedom of 

Information Act Fee Schedule and 

Guidelines (OMB Fee Guidelines) 

provides Federal agencies with 

guidance on reviewing and assessing 

FOIA fees. 52 FR 10012 (Mar. 27, 1987). 

Following OMB’s issuance of its Fee 

Guidelines in March 1987, the CPSC 

proposed amendments to its FOIA fee 

regulations, codified at 16 CFR part 

1015 (part 1015). 52 FR 17767 (May 12, 

1987). The CPSC finalized its 

amendments on fees to reflect the 

agency’s direct costs, and the 

amendments became effective on 

September 4, 1987. 52 FR 28979 (Aug. 

5, 1987). In 1997, CPSC updated one 

portion of its FOIA fee regulations 

regarding computerized records and 

interest to be charged on fees owed. 62 

FR 46198 (Sept. 2, 1997). In 2017, the 

CPSC also updated portions of its FOIA 

fee regulations to revise the definition of 

‘‘representative of the news media’’ and 

to make other clarifications and 

corrections. 82 FR 37004 (Aug. 8, 2017). 

On April 16, 2020, the Commission 

issued a notice of proposed rulemaking 

(NPR) to make the following changes to 

part 1015: 

• Amendments concerning FOIA fees; 

• amendments reflecting recent 

organizational changes within the CPSC, 

and the CPSC’s FOIA Office, more 

specifically; 

• amendments addressing the FOIA 

appeals process; 

• amendments concerning the scope 

of FOIA Exemptions under 16 CFR 

1015.20; and 

• other miscellaneous conforming 

amendments, all of which will be 

incorporated into the final rule and are 

summarized in greater detail below. 


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85 FR 21118. CPSC received two 

comments on the NPR. After reviewing 

the comments, the CSPC is finalizing 

this rule with modifications. 

B. Response to Comments 

The CPSC received two comments 

regarding the NPR. The National 

Archives and Records Administration 

(NARA) suggested that paragraphs (f) 

and (g) of § 1015.9 should be clarified to 

further distinguish between the terms 

‘‘fee categories’’ and ‘‘fee waivers,’’ by 

removing language that could 

unintentionally lead to the mistaken 

inference that agencies have the 

discretion to waive fees based on 

requester categories. The CPSC agrees, 

and therefore, incorporated those 

comments into § 1015.9(f) and (g), by 

distinguishing between fee waivers and 

references to free services. The 

consumer advocacy group, Kids in 

Danger, in relevant part, recommended 

that the CPSC should not charge 

duplication fees for pages redacted in 

full. The CPSC agrees, and therefore, 

incorporated those comments into 

§ 1015.9(e)(1)(iv), by noting that CPSC 

will not charge a duplication fee for 

pages redacted in full. Other Kids in 

Danger comments included a request for 

CPSC to provide more digital delivery 

methods, and to provide a faster 

turnaround for final responses; these 

comments were not incorporated. 

Digital delivery and response 

turnaround times are outside the scope 

of this rule; although it should be noted 

that CPSC already has a digital delivery 

service that every requester can opt into. 

C. Description of the Final Rule 

A. Amendments Regarding Fees 

Direct Costs. The FOIA authorizes 

agencies to charge certain fees to recover 

the direct costs of providing FOIA 

services. 5 U.S.C. 552(a)(4)(A). Fee 

schedules must provide for the recovery 

of only the direct costs of search, 

duplication, or review. 5 U.S.C. 

552(a)(4)(A)(iv). Under the FOIA, 

agencies must: Promulgate regulations, 

pursuant to notice and public comment, 

specifying the schedule of fees 

applicable to processing FOIA requests; 

establish procedures and guidelines for 

determining when such fees should be 

waived or reduced; and conform their 

fee schedules to the OMB Fee 

Guidelines. 5 U.S.C. 552(a)(4)(A)(i). 

Pursuant to the OMB Fee Guidelines, 

agencies should charge fees that 

‘‘recoup the full allowable direct costs 

they incur’’ and ‘‘shall use the most 

efficient and least costly methods to 

comply with requests for documents 

made under the FOIA.’’ 52 FR 10018. 

Duplication Fees. The final rule 

amends § 1015.9(e)(1) regarding the 

current regulations on fees that the 

agency charges for reproducing 

documents, to reflect CPSC staff’s 

review and the assessment of certain 

known costs of producing FOIA records 

for Fiscal Year 2019, and based on 

current CPSC practices. The OMB Fee 

Guidelines require agencies to 

‘‘establish an average agency-wide, perpage charge for paper copy reproduction 

of documents,’’ which ‘‘shall represent 

the reasonable direct costs of making 

such copies, taking into account the 

salary of the operator as well as the cost 

of the reproduction machinery.’’ 52 FR 

10018. For copies prepared by 

computer, the OMB Fee Guidelines 

require agencies to charge the actual 

cost, including operator time of 

production of the printout. Id. For other 

methods of duplication, the OMB Fee 

Guidelines require agencies to charge 

the actual direct costs of producing the 

documents. Id. 

Currently, 16 CFR 1015.9(e)(1) sets 

forth the amount charged for 

reproducing documents on a standard 

photocopying machine at $0.10 per 

page. The final rule amends 

§ 1015.9(e)(1) to specify a charge of 

$0.15 per page for manual photocopies 

and for computer printouts that are sent 

from a computer to a printer or 

photocopier machine. We calculated the 

fee for manual photocopies and 

computer printouts using the 2019 basic 

hourly pay rate of the average grade and 

step of staff members from the Office of 

the General Counsel, Division of the 

Secretariat (GCOS), who charged hours 

for FOIA projects in Fiscal Year 2019 

(GS 12/4, or $33.52/staff hour), plus 16 

percent for the allowable OMB benefit 

rate; multiplying that amount by the 

total staff hours within the GCOS that 

we estimated to be attributable to FOIA 

duplication in Fiscal Year 2019 (486.45 

staff hours); adding the estimated cost of 

paper and toner used by GCOS staff for 

computer printouts in Fiscal Year 2019 

($9,826); and dividing that number by 

the corresponding number of pages 

printed (196,820 pages). CPSC staff 

estimated the total hours spent by GCOS 

staff attributable to FOIA duplication in 

Fiscal Year 2019, by taking a poll of the 

FOIA specialists, whose most common 

response was that they spent 5 percent 

of their time on duplication. 

The final rule amends § 1015.9(e) to 

clarify that CPSC will not charge a 

duplication fee for producing records 

provided to requesters in electronic 

format. Because converting an electronic 

file, such as a file in portable document 

format (PDF), and sending it to 

requesters via electronic mail or the 

FOIA online portal requires minimal 

operator time and computer and 

software costs, the agency’s actual costs 

of duplicating these records are de 

minimis. The final rule also clarifies 

how the fees for duplication costs will 

be assessed when records are available 

only in paper format and must be 

scanned to comply with a requester’s 

preference to receive records in an 

electronic format. 

Search Fees. The final rule amends 

§ 1015.9(e)(2) regarding the current 

regulations on fees that the agency 

charges for searches. Pursuant to the 

OMB Fee Guidelines, for manual 

searches, whenever feasible, agencies 

should charge at the salary rate of the 

employee making the search, consisting 

of basic pay, plus 16 percent for the 

allowable OMB benefit rate; however, 

where a ‘‘homogenous class of 

personnel’’ is used exclusively, agencies 

may establish an average rate for the 

range of grades typically involved in 

searching for records. 52 FR 10018. For 

computer searches, agencies should 

charge the actual direct cost of 

providing the service, plus central 

processing unit (CPU) time that is 

directly attributable to searching for 

responsive records to a FOIA request. 

Alternatively, if agencies can do so, they 

can establish a reasonable agency-wide 

rate for operator, programmer, and CPU 

costs involved in FOIA searches, and 

charge accordingly. Id. 

Currently, § 1015.9(e)(2) and(3) divide 

searches into two categories: (1) 

Searches conducted by clerical staff; 

and (2) searches conducted by nonclerical, professional, or managerial 

staff. The current regulations charge 

$3.00 per quarter-hour for clerical 

searches, and $4.90 per quarter-hour for 

non-clerical searches. 

The final rule amends § 1015.9(e)(2) 

to remove the set dollar figures for 

search fees enumerated in the 

regulation, and in their place, states that 

search fees are based on the average 

grade and step of certain employees 

who charged hours in this category. 

CPSC staff concluded that this revision 

eliminates the need to update 

continuously the CPSC’s published 

FOIA fee regulations in accord with 

General Schedule pay adjustments. This 

approach is similar to the FOIA fee 

regulations at several other agencies, 

such as the Federal Communications 

Commission and the Securities and 

Exchange Commission. 

Additionally, due to organizational 

changes in the CPSC’s FOIA Office, and 

how requests are processed, clerical 

staff members rarely perform searches. 

Therefore, the final rule eliminates the 

category of clerical search fees. 


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Consistent with this recommendation, 

and consistent with the OMB Fee 

Guidelines, the final rule distinguishes 

between manual and computer-based 

searches. 

CPSC will charge manual search fees 

on a per-quarter-hour basis, and 

annually calculate and publish on the 

FOIA web page the exact rate, using the 

basic hourly pay rate of the average 

grade and step of CPSC program staff 

who worked outside of the FOIA Office 

and who charged hours for FOIA 

projects in Fiscal Year 2019 (GS 14/7), 

plus 16 percent for the allowable OMB 

benefit rate. 

CPSC will charge computer search 

fees on a per-quarter-hour basis, and 

annually calculate and publish the exact 

rate, using the basic hourly pay rate of 

the average grade and step of GCOS staff 

who charged hours for FOIA projects in 

Fiscal Year 2019 (GS 12/4), plus 16 

percent for the allowable OMB benefit 

rate. CPSC program staff who work 

outside of the FOIA Office often 

conduct FOIA computer searches. The 

Commission determined that the 

average grade and step of staff who 

charged hours for FOIA projects 

represents a reasonable agency-wide 

rate for operator costs in this category. 

The final rule computer search fee does 

not include CPU costs, because any 

agency software or hardware costs 

directly attributable to searching for 

responsive records would be difficult to 

quantify, and likely would be de 

minimis. 

Review Fees. The final rule amends 

§ 1015.9(e)(3) regarding fees that the 

agency charges for the initial review of 

documents to determine whether any 

portion of any document may be 

withheld. The OMB Fee Guidelines 

permit agencies to establish a reasonable 

agency-wide average for such costs, 

where a single class of reviewers is 

typically involved in the review 

process. 52 FR 10018. 

Currently, § 1015.9(e)(4) sets forth the 

amount charged for review at $4.90 per 

quarter-hour. The final rule removes the 

set dollar figure review fee enumerated 

in the regulation. Instead, CPSC will 

charge the review fee on a per-quarterhour basis, and annually calculate and 

publish the exact rate, using the basic 

hourly pay rate of the average grade and 

step of GCOS staff who charged hours 

for FOIA review (GS 12/9), plus 16 

percent for the allowable OMB benefit 

rate. 

Obsolete Formats. The FOIA requires 

agencies to provide records in any 

format requested, if the record is readily 

reproducible by the agency in that form 

or format. 5 U.S.C. 552(a)(3)(B). 

Currently, CPSC routinely produces 

records in one of three formats: (1) 

Computer printout, if under 250 pages; 

(2) compact disc (CD), if more than 250 

pages; and (3) electronic files, such as 

PDF. The final rule clarifies that 

requesters may request records in paper, 

CD, or electronic format. The final rule 

also removes the fee for producing 

records on microfiche, because this 

format is obsolete and not routinely 

produced by the CPSC. 

Annual Publication of Fees. The final 

rule states that CPSC will annually 

calculate and publish the exact perquarter-hour rates for searching and 

reviewing records, using the most recent 

General Schedule table published by the 

Office of Personnel Management (OPM). 

In addition, CPSC will annually 

calculate and publish the actual cost of 

CDs, DVDs, and other similar media. 

CPSC will make exact rates and costs 

available to the public on the CPSC’s 

FOIA web page. The public can also 

request information on exact rates and 

costs from GCOS. The CPSC will 

annually publish on its FOIA web page 

the salaries of CPSC employees 

associated with FOIA searches and 

reviews, consistent with the FOIA feeposting practice at several other 

agencies. 

Fee Waivers and Fee Categories. The 

FOIA requires agencies to provide free 

search and duplication fees for certain 

categories of requesters in increments of 

the first 100 pages of duplication and 

the first 2 hours of search, rather than 

in dollar amounts. 5 U.S.C. 

552(a)(4)(A)(iv). The final rule 

incorporates more clearly this statutory 

requirement into § 1015.9(g), consistent 

with the OMB Fee Guidelines. 52 FR 

10016. Section 1015.9(g)(2) specifies 

that CPSC will provide for free the first 

100 pages of duplication for all noncommercial requesters, consistent with 

the FOIA and the OMB Fee Guidelines. 

The final rule amends § 1015.9(g)(3) 

to specify that CPSC will provide at no 

cost, the first 2 hours of search time for 

all requesters to whom search fees 

apply, except commercial requesters. 

Notice of Anticipated Fees. The OMB 

Fee Guidelines require agencies to 

implement procedures for notifying 

requesters when fees are estimated or 

determined to exceed $25, and provide 

those requesters an opportunity to 

confer with agency staff with the 

objective of reformulating their request 

to meet their needs at a lower cost. 52 

FR 10018. The CPSC’s current FOIA fee 

regulations lack procedures for 

providing requesters with notice of 

anticipated fees in excess of $25 and an 

opportunity to confer with agency staff. 

The final rule amends § 1015.9(f) to 

provide notice of anticipated fees 

greater than $25, along with the 

opportunity to confer with staff on 

costs. The final rule also provides that 

requesters must commit in writing to 

pay the actual or estimated fees, or must 

designate in writing the amount of fees 

the requester is willing to pay, before 

the FOIA Office will do further work on 

a FOIA request. 

Restrictions on Assessing Fees. The 

FOIA and the OMB Fee Guidelines 

prohibit agencies from charging a fee if 

the costs of collecting and processing 

that fee are likely to equal or exceed the 

fee. 5 U.S.C. 552(a)(4)(A)(iv); 52 FR 

10018–19. Currently, § 1015.9(g)(5) 

states that the CPSC will not request 

payment if the requester’s total bill is 

less than $9.00. CPSC staff estimates 

that the current cost to the agency of 

collecting and processing a fee is $25. 

Accordingly, the final rule deletes 

§ 1015.9(g)(5), and adds § 1015.9(g)(7), 

which provides that no fee will be 

charged when the total fee is equal to or 

less than $25. 

Advance Payment of Fees. The final 

rule adds § 1015.9(i), which sets forth 

provisions for requiring advance 

payment in certain cases before the 

production of records. The OMB Fee 

Guidelines instruct agencies that they 

cannot require a requester to make an 

advance payment unless: (1) The agency 

estimates that the allowable charges the 

requester may be required to pay are 

likely to exceed $250, in which case, the 

agency should notify the requester of 

the likely cost, and obtain satisfactory 

assurance of full payment, where the 

requester has a history of prompt 

payment of FOIA fees, or require 

payment ‘‘of an amount up [to] the full 

estimated charges in the case of 

requesters with no history of payment’’; 

or (2) a requester has previously failed 

to pay a fee charged in a timely fashion, 

in which case the agency may require 

the requester to pay the full amount 

owed, plus any applicable interest, and 

to make an advance payment of the full 

amount of the estimated fee before the 

agency begins to process a new or 

pending request. 52 FR 10020. 

Currently, § 1015.9(g)(3) provides that 

before the Commission begins 

processing a request or discloses any 

information, it will require advance 

payment if charges are estimated to 

exceed $250.00 and the requester has no 

history of payment and cannot provide 

satisfactory assurance that payment will 

be made; or a requester failed to pay the 

Commission for a previous Freedom of 

Information Act request within 30 days 

of the billing date. The final rule reflects 

the language used in the OMB Fee 

Guidelines. See 52 FR 10020. The final 

rule also codifies the CPSC’s current 


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practices of tolling the processing of the 

request while notifying the requester 

that advance payment is due, 5 U.S.C. 

552(a)(6)(A)(ii)(II), and closing the 

request if, after 30 days of receipt, the 

requester does not respond to the fee 

notice. 

B. Amendments To Reflect 

Organizational Changes at CPSC 

FOIA Office. CPSC changed the 

organizational structure of the FOIA 

Office since the FOIA regulations were 

last amended in 2017. See 82 FR 37010. 

The CPSC’s FOIA Office is now housed 

within the Office of the General 

Counsel, rather than within the Office of 

the Secretary; and the Commission’s 

Assistant General Counsel for the Office 

of the General Counsel, Division of the 

Secretariat, holds the position of Chief 

FOIA Officer, rather than the Secretary 

of the Commission. The final rule 

amends 16 CFR 1015.1, 1015.2, 1015.3, 

1015.4, 1015.5, 1015.6, 1015.7, and 

1015.9 to replace the designations 

‘‘Secretary of the Commission’’, 

‘‘Secretary’’, or ‘‘Secretariat’’ with the 

title, ‘‘Chief FOIA Officer’’, and the final 

rule also replaces ‘‘Office of the 

Secretary’’ with ‘‘Office of the General 

Counsel, Division of the Secretariat’’ or 

‘‘Division of the Secretariat’’. 

C. Amendment Concerning Appeals 

Delegation of Authority. The current 

regulations are inconsistent regarding 

the delegation of authority to review 

and respond to FOIA appeals. The final 

rule changes §§ 1015.4 and 1015.7(e) to 

clarify that the CPSC’s General Counsel 

has responsibility for reviewing and 

responding to FOIA appeals, and adds 

§ 1015.1(d). The Commission delegated 

this authority to the General Counsel in 

1985, 50 FR 7753 (February 26, 1985); 

however, this authority was not codified 

in other relevant FOIA provisions. 

Remands. Section 1015.7(c) codifies 

the existing practice regarding FOIA 

appeals. If the General Counsel grants, 

in whole or in part, a FOIA appeal, the 

General Counsel remands the matter to 

the Chief FOIA Officer for processing 

and providing the records to the 

requester, in accordance with the 

General Counsel’s decision. 

D. Broadening the Scope of FOIA 

Exemptions Under 16 CFR 1015.20 

Currently, § 1015.5(h) states that the 

CPSC ‘‘may be unable to comply with 

the time limits set forth in § 1015.5 

when disclosure of documents 

responsive to a request under this part 

is subject to the requirements of section 

6(b) of the Consumer Product Safety 

Act.’’ However, the regulation does not 

take into account that, due to statutory 

obligations, the CPSC also may be 

unable to comply with the time limits 

set forth in § 1015.5, when disclosure of 

documents responsive to a request is 

subject to section 6(a) of the Consumer 

Product Safety Act (CPSA). As such, the 

final rule amends § 1015.5(h) to conform 

to the statute by replacing the phrase, 

‘‘section 6(b) of the Consumer Product 

Safety Act, 15 U.S.C. 2055(b)’’ with the 

phrase, ‘‘section 6 of the Consumer 

Product Safety Act, 15 U.S.C. 2055’’. 

Additionally, the current § 1015.20, 

which addresses the release of accident 

or investigation reports, only allows for 

the application of the investigatory file 

FOIA exemption and the redaction of 

the names of injured persons and the 

persons who treated the injured, 

pursuant to section 25(c) of the CPSA. 

Current CPSC practice, however, is to 

redact all personally identifiable 

information, including not only the 

names of injured persons and the 

persons who treated them, but also the 

names of other persons incidental to a 

consumer complaint, pursuant to FOIA 

exemption (b)(6). See 5 U.S.C. 552(b)(6). 

Rather than limit the applicable FOIA 

exemptions to the investigatory file 

exemption only, the final rule amends 

§ 1015.20(a) to clarify that accident and 

investigation reports are subject to all 

applicable FOIA exemptions. 

E. Miscellaneous Amendments 

To ensure proper routing of new FOIA 

requests and appeals, CPSC’s FOIA 

Office created a separate email address 

for the submission of new FOIA 

requests and appeals. That address is 

cpscfoiarequests@cpsc.gov. 

Accordingly, the final rule updates 

§§ 1015.3(a) and 1015.7(a) to specify the 

proper email addresses to submit new 

FOIA requests and appeals. 

F. Environmental Considerations 

The CPSC’s regulations address 

whether the agency is required to 

prepare an environmental assessment or 

an environmental impact statement. 16 

CFR part 1021. These regulations 

provide a categorical exclusion for 

certain CPSC actions that normally have 

‘‘little or no potential for affecting the 

human environment.’’ 16 CFR 

1021.5(c)(1). This final rule falls within 

the categorical exclusion. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601–612, requires that agencies 

review a proposed rule and a final rule 

for the rule’s potential economic impact 

on small entities, including small 

businesses. Section 604 of the RFA 

generally requires that agencies prepare 

a final regulatory flexibility analysis 

(FRFA) when promulgating final rules, 

unless the head of the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. In this case, 

we noted in the NPR that neither the 

Administrative Procedure Act (APA) 

nor the FOIA statute required CPSC to 

issue an NPR, but CPSC voluntarily 

chose to follow notice-and-comment 

rulemaking. 

For the NPR, CPSC staff reviewed the 

potential impact of the changes 

proposed in the NPR on small entities. 

Staff’s analysis compared the number of 

fiscal year (FY) 2018 FOIA requesters to 

the number of small entities in the 

relevant North American Industrial 

Classification System (NAICS) sectors. 

Based on this analysis, staff concluded 

it was unlikely that a substantial 

number of small entities would be 

impacted by the proposed rule. Staff 

also concluded that the impact on 

noncommercial entities would remain 

essentially unchanged, unless 

noncommercial requesters opt to receive 

their documents in paper format, rather 

than electronically. Staff found that the 

costs for commercial firms increased 

more than for other entities; however, 

requesters would be alerted if costs were 

expected to be greater than $25; and 

commercial firms would be expected to 

proceed with the request (in whole or in 

part), only if the perceived benefit at 

least balanced the cost. Finally, staff 

noted that requesting firms can avoid 

duplication costs by electing to receive 

the requested documents electronically. 

The Commission sought comment on 

staff’s regulatory analysis in the NPR, 

and it received none. Because we have 

no information that would change staff’s 

analysis, the Commission concludes 

that the final rule will not have a 

significant impact on a substantial 

number of small entities. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act (PRA) 

establishes certain requirements when 

an agency conducts or sponsors a 

‘‘collection of information.’’ 44 U.S.C. 

3501–3520. The final rule amends 

CPSC’s regulations to conform to the 

2016 Act, updates certain CPSC’s 

procedures by codifying them, and 

makes other technical changes and 

corrections. The final rule does not 

impose any information-collection 

requirements. Thus, the PRA is not 

implicated by this final rule. 

VI. Executive Order 12988 (Preemption) 

According to Executive Order 12988 

(February 5, 1996), agencies must state 

in clear language the preemptive effect, 

if any, of new regulations. Section 26 of 


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the CPSA explains the preemptive effect 

of consumer product safety standards 

issued under the CPSA. 15 U.S.C. 2075. 

The final rule is not a consumer product 

safety standard, but rather, the final rule 

revises a rule of agency practice and 

procedure, by making revisions and 

corrections to the agency’s FOIA fee 

regulations. Therefore, section 26 of the 

CPSA does not apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act (CRA; 

5 U.S.C. 801–808) states that, before a 

rule can take effect, the agency issuing 

the rule must submit the rule, and 

certain related information, to each 

House of Congress and the Comptroller 

General. 5 U.S.C. 801(a)(1). The 

submission must indicate whether the 

rule is a ‘‘major rule.’’ The CRA states 

that the Office of Information and 

Regulatory Affairs (OIRA) determines 

whether a rule qualifies as a ‘‘major 

rule.’’ Pursuant to the CRA, OIRA 

designated this rule as not a ‘‘major 

rule,’’ as defined in 5 U.S.C. 804(2). To 

comply with the CRA, the Office of the 

General Counsel will submit the 

required information to each House of 

Congress and the Comptroller General. 

VIII. Effective Date 

In accordance with the APA’s general 

requirement that the effective date of a 

rule be at least 30 days after publication 

of the final rule, the NPR proposed a 30- 

day effective date for the final rule. The 

Commission received no comment on 

the effective date. Accordingly, the 

effective date is 30 days after the date 

of publication of this final rule in the 

Federal Register. 5 U.S.C. 553(d). 

List of Subjects in 16 CFR Part 1015 

Administrative practice and 

procedure, Consumer protection, 

Disclosure of information, Freedom of 

information. 

For the reasons discussed above, in 

accordance with the provisions of 5 

U.S.C. 553 and the authority in the 

Consumer Product Safety Act, 15 U.S.C. 

2051 et seq., CPSC amends part 1015 of 

title 16, chapter II, of the Code of 

Federal Regulations, as follows: 

PART 1015—PROCEDURES FOR 

DISCLOSURE OR PRODUCTION OF 

INFORMATION UNDER THE FREEDOM 

OF INFORMATION ACT 

■ 1. The authority citation for part 1015 

continues to read as follows: 

Authority: 15 U.S.C. 2051–2084; 15 U.S.C. 

1261–1278; 15 U.S.C. 1471–1476; 15 U.S.C. 

1211–1214; 15 U.S.C. 1191–1204; 15 U.S.C. 

8001–8008; Pub. L. 110–278, 122 Stat. 2602; 

5 U.S.C. 552. 

■ 2. Amend § 1015.1 as follows: 

■ a. In paragraph (c), remove the words 

‘‘Secretariat of the Commission’’ and 

add in their place ‘‘Assistant General 

Counsel, Office of the General Counsel, 

Division of the Secretariat’’; and 

■ b. Add paragraph (d). 

The addition reads as follows: 

§ 1051.1 Purpose and scope. 

* * * * * 

(d) The General Counsel is the 

designated authority for the 

Commission’s Freedom of Information 

Act (FOIA) appeals and is responsible 

for reviewing and responding to appeals 

from denials or partial denials of 

requests for records under this chapter. 

■ 3. Revise § 1015.2 to read as follows: 

§ 1015.2 Public inspection. 

(a) The Consumer Product Safety 

Commission (CPSC) will maintain in a 

public reference room or area the 

materials relating to the CPSC that are 

required by 5 U.S.C. 552(a)(2) and 

552(a)(5) to be made available for public 

inspection in an electronic format. The 

principal location will be in the Office 

of the General Counsel, Division of the 

Secretariat. The address of this office is: 

Office of the General Counsel, Division 

of the Secretariat, Consumer Product 

Safety Commission, Room 820, 4330 

East-West Highway, Bethesda, MD 

20814. 

(b) The CPSC will maintain an 

electronic reading room on the internet 

at: https://www.cpsc.gov for records that 

are required by 5 U.S.C. 552(a)(2) to be 

available by computer 

telecommunications. Records that the 

FOIA requires CPSC to make available 

for public inspection in an electronic 

format can be accessed through the 

CPSC’s FOIA web page, which is 

accessible by visiting: https://

www.cpsc.gov. 

(c) Subject to the requirements of 

section 6 of the Consumer Product 

Safety Act (CPSA), the CPSC will make 

available for public inspection in an 

electronic format, copies of all records, 

regardless of form or format, which: 

(1) Have been released to any person 

under 5 U.S.C. 552(a)(3); 

(2) Because of the nature of their 

subject matter, the FOIA Office 

determines have become or are likely to 

become the subject of subsequent 

requests for substantially the same 

records; or 

(3) Have been requested three or more 

times. 

§ 1015.3 [Amended] 

■ 4. Amend § 1015.3 as follows: 

■ a. In paragraph (a), remove the word 

‘‘Secretariat’’ and add in its place the 

words ‘‘Chief FOIA Officer’’ and remove 

‘‘cpsc-foia@cpsc.gov’’ and add in its 

place ‘‘cpscfoiarequests@cpsc.gov’’; and 

■ b. In paragraphs (d) and (e), remove 

the word ‘‘Secretariat’’ and add in its 

place the words ‘‘Chief FOIA Officer’’. 

■ 5. Revise § 1015.4 to read as follows: 

§ 1015.4 Responses to requests for 

records; responsibility. 

The ultimate responsibility for 

responding to requests for records is 

vested in the Chief FOIA Officer of the 

Consumer Product Safety Commission. 

The Chief FOIA Officer, or the delegate 

of the Chief FOIA Officer, can respond 

directly, or forward the request to any 

other office of the CPSC for response. 

The Chief FOIA Officer’s response shall 

be in the form set forth in § 1015.7(d), 

for action on appeal. If no response is 

made by the FOIA Office within 20 

working days, or any extension of the 

20-day period, the requester and the 

General Counsel or the delegate of the 

General Counsel can take the action 

specified in § 1015.7(e). 

■ 6. Amend § 1015.5 by revising 

paragraphs (a) through (d), (f), (g) 

introductory text, (g)(3) through (5), and 

(h) to read as follows: 

§ 1015.5 Time limitation on responses to 

requests for records and requests for 

expedited processing. 

(a) The Chief FOIA Officer, or the 

delegate of the Chief FOIA Officer, shall 

respond to all written requests for 

records within twenty (20) working days 

(excepting Saturdays, Sundays, and 

legal public holidays). The time 

limitations on responses to requests for 

records submitted by mail shall begin to 

run at the time a request for records is 

received and date-stamped by the Office 

of the General Counsel, Division of the 

Secretariat. The Office of the General 

Counsel, Division of the Secretariat 

shall date-stamp the request the same 

day that it receives the request. The time 

limitations on responses to requests for 

records submitted electronically during 

working hours (8 a.m. to 4:30 p.m. EST) 

shall begin to run at the time the request 

was electronically received, and the 

time limitations on responses to 

requests for records submitted 

electronically during non-working hours 

will begin to run when working hours 

resume. 

(b) The time for responding to 

requests for records can be extended by 

the Chief FOIA Officer at the initial 

stage, or by the General Counsel, at the 

appellate stage, up to an additional ten 

(10) working days, under the following 

unusual circumstances: 

(1) The need to search for and collect 

the requested records from field 


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facilities or other establishments that are 

separate from the Office of the General 

Counsel, Division of the Secretariat; 

(2) The need to search for, collect, and 

appropriately examine a voluminous 

amount of separate and distinct records 

that are demanded in a single request; 

or 

(3) The need to consult, which shall 

be conducted with all practicable speed, 

with another agency having a 

substantial interest in the determination 

of the request, or among two or more 

components of the CPSC having 

substantial subject matter interest. 

(c) Any extension of time must be 

accompanied by written notice to the 

person making the request, setting forth 

the reason(s) for such extension, and the 

time within which a response is 

expected. 

(d) If the Chief FOIA Officer at the 

initial stage, or the General Counsel at 

the appellate stage, determines that an 

extension of time greater than ten (10) 

working days is necessary to respond to 

a request satisfying the ‘‘unusual 

circumstances’’ specified in paragraph 

(b) of this section, the Chief FOIA 

Officer, or the General Counsel, shall 

notify the requester, and give the 

requester the opportunity to: 

(1) Limit the scope of the request so 

that it may be processed within the time 

limit prescribed in paragraph (b) of this 

section; or 

(2) Arrange with the Chief FOIA 

Officer, or the General Counsel, an 

alternative time frame for processing the 

request or a modified request. 

* * * * * 

(f) The Chief FOIA Officer, or the 

delegate of the Chief FOIA Officer, may 

aggregate and process as a single 

request, requests by the same requester, 

or a group of requesters acting in 

concert, if the Chief FOIA Officer, or 

delegate, reasonably believes that the 

requests actually constitute a single 

request that would otherwise satisfy the 

‘‘unusual circumstances’’ specified in 

paragraph (b) of this section, and the 

requests involve clearly related matters. 

(g) The Chief FOIA Officer, or the 

delegate of the Chief FOIA Officer, will 

provide expedited processing of 

requests in cases where the requester 

requests expedited processing and 

demonstrates a compelling need for 

such processing. 

* * * * * 

(3) The Chief FOIA Officer or the 

delegate of the Chief FOIA Officer will 

determine whether to grant a request for 

expedited processing and will notify the 

requester of such determination within 

ten (10) calendar days of receipt of the 

request. 

(4) Denials of requests for expedited 

processing may be appealed to the 

Office of the General Counsel, as set 

forth in § 1015.7. The General Counsel 

will determine expeditiously any such 

appeal. 

(5) The Chief FOIA Officer, or the 

delegate of the Chief FOIA Officer, will 

process, as soon as is practicable, the 

documents responsive to a request for 

which expedited processing is granted. 

(h) The Chief FOIA Officer may be 

unable to comply with the time limits 

set forth in paragraphs (a) through (d) of 

this section, when disclosure of 

documents responsive to a request 

under this part is subject to the 

requirements of section 6 of the 

Consumer Product Safety Act, 15 U.S.C. 

2055, and the regulations implementing 

that section, 16 CFR part 1101. The 

Chief FOIA Officer, or the delegate of 

the Chief FOIA Officer, will notify 

requesters whose requests will be 

delayed for this reason. 

■ 7. Amend § 1015.6 as follows: 

■ a. In paragraphs (a) and (b) 

introductory text, remove the word 

‘‘Secretariat’’ and add in its place the 

words ‘‘Chief FOIA Officer’’; 

■ b. Revise paragraph (b)(4); and 

■ c. In paragraph (c), remove the word 

‘‘Secretariat’’ and add in its place the 

words ‘‘Chief FOIA Officer’’. 

The revision reads as follows: 

§ 1015.6 Responses: Form and content. 

* * * * * 

(b) * * * 

(4) A statement that the denial can be 

appealed to the General Counsel, as 

specified in § 1015.1(d). Any such 

appeal must be made within 90 calendar 

days after the date of the denial or 

partial denial from the Chief FOIA 

Officer, or the delegate of the Chief 

FOIA Officer. 

* * * * * 

■ 8. Amend § 1015.7 by revising the 

section heading and paragraphs (a) 

through (e) and (g) and removing the 

parenthetical authority citation at the 

end of the section to read as follows: 

§ 1015.7 Appeals from initial denials. 

(a) When the Chief FOIA Officer, or 

the delegate of the Chief FOIA Officer, 

has denied a request for records, in 

whole or in part, the requester can, 

within 90 calendar days after the date of 

the denial or partial denial, appeal the 

denial to the General Counsel of the 

Consumer Product Safety Commission, 

attention: Division of the Secretariat. 

Appeals may be submitted through any 

of the following methods: the e-FOIA 

Public Access Link at https://

www.cpsc.gov; email to: 

cpscfoiarequests@cpsc.gov; U.S. mail to: 

4330 East-West Highway, Room 820, 

Bethesda, MD 20814; or by facsimile to: 

301–504–0127. To facilitate handling, 

the requester should mark both the 

appeal letter and envelope, or subject 

line of the electronic transmission, 

‘‘Freedom of Information Act Appeal.’’ 

(b) The General Counsel will act upon 

an appeal within 20 working days of its 

receipt. The time limitations on an 

appeal submitted by mail shall begin to 

run at the time an appeal is received 

and date-stamped by the Division of the 

Secretariat. The Division of the 

Secretariat will date-stamp the appeal 

the same day that it receives the appeal. 

The time limitations on an appeal 

submitted electronically during working 

hours (8 a.m. to 4:30 p.m. EST) shall 

begin to run at the time the appeal is 

received electronically; and the time 

limitations on appeals submitted 

electronically during non-working hours 

will begin to run when working hours 

resume. 

(c) After reviewing the appeal, the 

General Counsel will issue a decision 

either to grant or deny the appeal, in 

whole or in part. If the General Counsel 

decides to grant the appeal in whole or 

in part, the General Counsel will inform 

the requester and submitter of the 

information, in accordance with 

§§ 1015.6(a) and 1015.18(b). Thereafter, 

the Chief FOIA Officer will provide the 

records in accordance with the General 

Counsel’s decision. 

(d) The General Counsel shall have 

the authority to grant or deny all 

appeals and, as an exercise of 

discretion, to disclose records exempt 

from mandatory disclosure under 5 

U.S.C. 552(b). In unusual or difficult 

cases, the General Counsel can, in his/ 

her discretion, refer an appeal to the 

Chairman for determination. 

(e) The General Counsel’s decision on 

appeal shall be in writing, shall be 

signed by the General Counsel, and 

shall constitute final agency action. A 

denial in whole or in part of a request 

on appeal shall set forth the exemption 

relied upon; a brief explanation, 

consistent with the purpose of the 

exemption, of how the exemption 

applies to the records withheld; and the 

reasons for asserting it. The decision 

will inform the requester of the right to 

seek dispute resolution services from 

CPSC’s FOIA Liaison, or the Office of 

Government Information Services. A 

denial in whole or in part shall also 

inform the requester of his/her right to 

seek judicial review of the General 

Counsel’s final determination in a 


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United States district court, as specified 

in 5 U.S.C. 552(a)(4)(B). 

* * * * * 

(g) Copies of all appeals and copies of 

all actions on appeal shall be furnished 

to and maintained in a public file by the 

Office of the General Counsel, Division 

of the Secretariat. 

■ 9. Amend § 1015.9 as follows: 

■ a. Revise paragraphs (a) and (e) 

through (g); and 

■ b. Add paragraphs (h) and (i). 

The revisions and additions read as 

follows: 

§ 1015.9 Fees for production of records. 

(a) The CPSC will provide, at no 

charge, certain routine information. For 

other CPSC responses to information 

requests, the Chief FOIA Officer, or the 

delegate of the Chief FOIA Officer, shall 

determine and levy fees for duplication, 

search, review, and other services, in 

accordance with this section. 

* * * * * 

(e) The following fee schedule will 

apply: 

(1) Duplication. (i) Manual 

photocopies: $0.15 per page. 

(ii) Computer printouts that are sent 

from a computer to a printer or 

photocopier machine: $0.15 per page. 

(iii) Compact discs, DVDs, or other 

similar media duplications: Direct-cost 

basis. The exact fees for duplication of 

records on these forms of media will be 

calculated and published annually and 

are available to the public on the CPSC’s 

FOIA web page at: https://

www.cpsc.gov, and from the Office of 

the General Counsel, Division of the 

Secretariat, Consumer Product Safety 

Commission, Room 820, 4330 East-West 

Highway, Bethesda, MD 20814. 

(iv) There is no duplication fee for 

producing records provided to 

requesters in electronic format, or for 

pages redacted in full in any format. 

(v) Requesters can request and be 

provided records in any format that is 

readily reproducible by the agency, 

including electronic format. 

(vi) When records available only in 

paper format must be scanned to 

comply with a requester’s preference to 

receive records in an electronic format, 

the requester must pay the direct costs 

of scanning those materials. The exact 

fees for scanning these materials will be 

assessed on a quarter-hour basis, will be 

calculated and published annually, and 

are available to the public on the CPSC’s 

FOIA web page at: https://

www.cpsc.gov, and from the Office of 

the General Counsel, Division of the 

Secretariat, Consumer Product Safety 

Commission, Room 820, 4330 East-West 

Highway, Bethesda, MD 20814. 

(2) Searches. Fees for searches are 

assessed on a quarter-hour basis. The 

exact fees for searches are calculated 

and published annually and are 

available to the public on the CPSC’s 

FOIA web page at: https://

www.cpsc.gov, and from the Office of 

the General Counsel, Division of the 

Secretariat, Consumer Product Safety 

Commission, Room 820, 4330 East-West 

Highway, Bethesda, MD 20814. 

(i) Manual file searches. Manual 

search fees are calculated using the 

basic hourly pay rate of the average 

grade and step of employees who 

charged hours in this category (GS 14/ 

7), plus 16 percent to account for the 

cost of benefits. 

(ii) Computer searches. Computer 

search fees are calculated using the 

basic hourly pay rate of the average 

grade and step of employees who 

charged hours in this category (GS 12/ 

4), plus 16 percent to account for the 

cost of benefits. 

(3) Review. Fees for review are 

assessed on a quarter-hour basis. The 

exact fee for review is calculated and 

published annually and is available to 

the public on the CPSC’s FOIA web 

page at: https://www.cpsc.gov and from 

the Office of the General Counsel, 

Division of the Secretariat, Consumer 

Product Safety Commission, Room 820, 

4330 East-West Highway, Bethesda, MD 

20814. The review fee is calculated 

using the basic hourly pay rate of the 

average grade and step of employees 

who charged hours in this category (GS 

12/9), plus 16 percent to account for the 

cost of benefits. Fees for reviewing 

records will only be charged to 

commercial requesters. 

(4) Postage. If the requester wants 

special handling, or if the volume or 

dimensions of the materials requires 

special handling, the FOIA Office will 

charge the direct cost of mailing such 

requested materials. 

(5) Other charges. (i) Materials 

requiring special reproducing or 

handling, such as photographs, slides, 

blueprints, video and audio tape 

recordings, or other similar media: 

Direct-cost basis. 

(ii) Any other service: Direct-cost 

basis. 

(f) Notice of anticipated fees in excess 

of $25: 

(1) When the FOIA Office determines 

or estimates that the fees to be assessed 

will exceed $25, the FOIA Office shall 

promptly notify the requester of the 

actual or estimated amount of the fees, 

including a breakdown of the fees for 

search, review, and duplication, if 

applicable, and any applicable fee 

waivers that would apply to the request, 

unless the requester has indicated a 

willingness to pay fees as high as those 

anticipated. The notice shall specify 

that the requester may confer with 

agency staff with the objective of 

reformulating the request to meet the 

requester’s needs at a lower cost. If only 

a portion of the fee can be estimated 

readily, the FOIA Office will advise the 

requester, accordingly. If the request is 

not from a commercial use requester, 

the notice shall specify that the 

requester is entitled to 100 pages of 

duplication at no charge, and if the 

requester is charged search fees, 2 hours 

of search time at no charge. 

(2) When a requester has been 

provided notice of anticipated fees in 

excess of $25, the FOIA Office shall toll 

processing of the request, and further 

work will not be completed until the 

requester commits in writing to pay the 

actual or estimated total fee, or 

designates the amount of fees the 

requester is willing to pay. In the case 

of a requester who is not a commercial 

requester, the requester may designate 

that the requester seeks only those 

services that can be provided in 

paragraphs (g)(2) and (3) of this section, 

without charge. The CPSC is not 

required to accept payment in 

installments. 

(3) If the requester has committed to 

pay a designated amount of fees, but the 

FOIA Office determines or estimates 

that the total fee will exceed that 

amount, the FOIA Office shall toll 

processing of the request and notify the 

requester of the actual or estimated fees 

in excess of the requester’s commitment. 

The FOIA Office shall inquire whether 

the requester wishes to revise the 

amount of fees the requester is willing 

to pay or wishes to modify the request. 

Once the requester responds, the 

administrative time limits in § 1015.5 

will resume. 

(4) The Chief FOIA Officer shall make 

available the FOIA Public Liaison to 

assist requesters in reformulating a 

request to meet the requester’s needs at 

a lower cost. 

(5) If a requester does not commit in 

writing to pay the actual or estimated 

total fee or designate in writing the 

amount of fees the requester is willing 

to pay within 30 working days from the 

date of the notification letter, the 

request shall be closed. The FOIA Office 

shall notify the requester that the 

request has been closed. 

(6) Any adverse determination made 

by the Chief FOIA Officer, or the 

designee of the Chief FOIA Officer, 

concerning a dispute over actual or 

estimated fees can be appealed by the 

requester to the General Counsel, in the 

manner described at § 1015.7. 


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(g)(1) There are three categories of 

requesters: Commercial; educational 

institutions, noncommercial scientific 

institutions, and representatives of the 

news media; and all other requesters, 

including members of the general 

public. 

TABLE 1 TO PARAGRAPH (g)(1) 

Requester category Search Review Duplication 

Commercial (including law firms) .......................................... Fee ........................................ Fee ......................... Fee. 

Educational, noncommercial scientific institutions, or news 

media.

No Fee .................................. No Fee ................... Fee after first 100 pages. 

All other requesters (including members of the general 

public).

Fee After First 2 Hours ......... No Fee ................... Fee after first 100 pages. 

(2) Fees shall be assessed as follows: 

(i) Full fees shall apply to 

commercial-use requests. 

(ii) The first 100 pages of duplication 

shall be free for requests from the 

categories of educational institutions, 

noncommercial scientific institutions, 

representatives of the news media, and 

all other requesters (including members 

of the general public). 

(iii) The first 2 hours of search time 

shall be free for the category of all other 

requesters (including members of the 

general public). 

(iv) The Chief FOIA Officer, or the 

designee of the Chief FOIA Officer, shall 

waive or reduce fees whenever 

disclosure of the requested information 

is in the public interest because it is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the Government, and 

disclosure of the requested information 

is not primarily in the commercial 

interest of the requester. 

(v) In making a determination under 

paragraph (g)(2)(iv) of this section, the 

Chief FOIA Officer, or the designee of 

the Chief FOIA Officer, shall consider 

the following factors: 

(A) The subject of the request: 

Whether the subject of the requested 

records concerns the operations or 

activities of the Government. 

(B) The informative value of the 

information to be disclosed: Whether 

the disclosure is likely to contribute to 

an understanding of Government 

operations or activities. 

(C) The contribution to an 

understanding of the subject by the 

general public likely to result from 

disclosure: Whether disclosure of the 

requested information will contribute to 

public understanding. 

(D) The significance of the 

contribution to public understanding: 

Whether the disclosure is likely to 

contribute significantly to public 

understanding of Government 

operations or activities. 

(E) The existence and magnitude of a 

commercial interest: Whether the 

requester has a commercial interest that 

would be furthered by the requested 

disclosure; and, if so 

(F) The primary interest in disclosure: 

Whether the magnitude of the identified 

commercial interest of the requester is 

sufficiently large, in comparison with 

the public interest in disclosure, that 

disclosure is primarily in the 

commercial interest of the requester. 

(vi) Search fees shall not be charged 

for all requests and duplication fees 

shall not be charged for requests from 

educational institutions, noncommercial 

scientific institutions, and 

representatives of the news media, if the 

FOIA Office fails to comply with any 

time limit under §§ 1015.5(a) and (g)(3) 

and 1015.7(b) and 5 U.S.C. 552(a)(6), 

other than the exceptions stated in 5 

U.S.C. 552(a)(4)(A)(viii)(ll). Those 

exceptions include: 

(A) If the FOIA Office has determined 

that ‘‘unusual circumstances,’’ as 

defined in § 1015.5(b) apply, and the 

FOIA Office provided timely written 

notice to the requester, as required by 

§ 1015.5(c) or § 1015.7(f), then failure to 

comply with the time limit in 

§§ 1015.5(a) and (g)(3) and 1015.7(b) 

and 5 U.S.C. 552(a)(6) is excused for 10 

additional working days; or 

(B) If the FOIA Office has determined 

that ‘‘unusual circumstances,’’ as 

defined in § 1015.5(b), apply and more 

than 5,000 pages are necessary to 

respond to the request, and the FOIA 

Office has provided timely written 

notice in accordance with § 1015.5(c) 

and (e), and the FOIA Office has 

discussed with the requester via written 

mail, email, or telephone (or has made 

not less than three good-faith efforts to 

do so), how the requester could 

effectively limit the scope of the request; 

or 

(C) If a court has determined that 

exceptional circumstances exist, as 

defined in 5 U.S.C. 552(a)(6)(C), then 

failure to comply with §§ 1015.5(a) and 

(g)(3) and 1015.7(b) and 5 U.S.C. 

552(a)(6) shall be excused for the length 

of time provided by the court order. 

(vii) No fee will be charged when the 

total fee is equal to or less than $25. 

(viii) Any determination made by the 

Chief FOIA Officer, or the designee of 

the Chief FOIA Officer, concerning fee 

reductions or fee waivers may be 

appealed by the requester to the General 

Counsel, in the manner described at 

§ 1015.7. 

(h) Collection of fees shall be in 

accordance with the following: 

(1) Interest will be charged on 

amounts billed, starting on the 31st day 

following the day on which the 

requester receives the bill. Interest will 

be charged at the rate prescribed in 31 

U.S.C. 3717. 

(2) Search fees may be charged, even 

if no responsive documents are located, 

or if the search leads to responsive 

documents that are withheld under an 

exemption to the Freedom of 

Information Act. 

(3) The FOIA Office may aggregate 

requests, for the purposes of billing, 

whenever it reasonably believes that a 

requester, or, on rare occasions, a group 

of requesters, is attempting to separate 

a request into more than one request to 

evade fees. The FOIA Office shall not 

aggregate multiple requests on unrelated 

subjects from one requester. 

(i)(1) For requests other than those 

described in paragraphs (i)(2) and (3) of 

this section, the FOIA Office shall not 

require a requester to make advance 

payment (i.e., payment made before the 

FOIA Office commences or continues 

work on a request). Payment owed for 

work already completed (i.e., payment 

before copies are sent to a requester) 

does not constitute an advance payment 

for purposes of this part. 

(2) When the FOIA Office determines 

or estimates that a total fee to be charged 

under this section will exceed $250, and 

the requester has no history of payment, 

the FOIA Office shall notify the 

requester of the actual or estimated fee, 

and may require the requester to make 

an advance payment of the entire 

anticipated fee before beginning to 

process the request. A notice under this 

paragraph (i)(2) shall offer the requester 

an opportunity to discuss the matter 

with FOIA Office staff to modify the 


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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations 7507 

request to meet the requester’s 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 

Office’s 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 § 1015.20(a) by removing 

the phrase ‘‘the investigatory file 

exemption’’ and adding in its place the 

word ‘‘exemptions’’. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2020–28336 Filed 1–28–21; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0056] 

RIN 1625–AA00 

Emergency Safety Zone; Humboldt 

Bay Bar Entrance Closure for Piloted 

Vessels, Humboldt Bay, Eureka, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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 

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. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

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) 399–7443, 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 received 

notice of the wrecked vessel and the 

resulting immediate need for this safety 

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. 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. 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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