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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7508 Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations 

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 limited duration and 

narrowly tailored geographic area of the 

safety zone, and its application only to 

piloted vessels. Although this rule 

restricts access to the water 

encompassed by the safety zone, the 

effect of this rule will not be significant 

because the significant majority of 

vessel traffic is not piloted so will not 

be impacted. Moreover, the Coast Guard 

will issue Broadcast Notice to Mariners 

via VHF–23A about the zone, and the 

rule allows piloted vessels desiring to 

transit through the temporary safety 

zone to do so upon express permission 

from the COTP or the COTP’s 

designated representative. 

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 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 

temporary 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 contact 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 

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 established to deal with an 

emergency situation, lasting just over 

two weeks, that will prohibit 

unauthorized entry by piloted vessels to 

the Humboldt Bay Bar Channel and the 

Humboldt Bay Entrance Channel. It is 

categorically excluded from further 

review under paragraph L60(d) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. 

Because this safety zone is established 

in response to an emergency situation 

and is one week or longer in duration, 

a Record of Environmental 

Consideration (REC) supporting this 

determination will be prepared and 

submitted after publication of this rule, 

and will be made available as indicated 

in the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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.T11–046 to read as 

follows: 


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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations 7509 

§ 165.T11–046 Emergency Safety Zone; 

Humboldt Bay Bar Entrance Closure for 

Piloted Vessels, Humboldt Bay, Eureka, CA 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Humboldt Bay Bar Channel and the 

Humboldt Bay Entrance Channel, of 

Eureka, CA. 

(b) Definitions. As used in this 

section, ‘‘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 Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, a piloted vessel may not enter 

the safety zone described in paragraph 

(a) of this section unless authorized by 

the COTP or the COTP’s designated 

representative. 

(2) The safety zone is closed to all 

piloted vessel traffic, except as may be 

permitted by the COTP or the COTP’s 

designated representative. 

(3) An operator of a piloted vessel 

desiring to enter or operate within the 

safety zone must contact the COTP or 

the COTP’s designated representative to 

obtain permission to do so. Piloted 

vessel operators given permission to 

enter or operate in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

Piloted vessels may request permission 

to enter the safety zone on VHF–23A or 

through the 24-hour Command Center at 

telephone (415) 399–3547. 

(d) Enforcement period. This section 

will be enforced from January 26, 2021 

at 12:00 p.m. until Febuary 10, 2021 at 

11:59 p.m., or as announced via 

Broadcast Notice to Mariners. 

(e) Information broadcasts. The COTP 

or the COTP’s designated representative 

will notify the maritime community of 

periods during which this zone will be 

enforced in accordance with 33 CFR 

165.7. 

Dated: January 26, 2021. 

Marie B. Byrd, 

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

Port, San Francisco. 

[FR Doc. 2021–01993 Filed 1–28–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2021–0003; Internal 

Agency Docket No. FEMA–8663] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur. 

Information identifying the current 

participation status of a community can 

be obtained from FEMA’s CSB available 

at www.fema.gov/flood-insurance/workwith-nfip/community-status-book. 

Please note that per Revisions to 

Publication Requirements for 

Community Eligibility Status 

Information Under the National Flood 

Insurance Program, notices such as this 

one for scheduled suspension will no 

longer be published in the Federal 

Register as of June 2021 but will be 

available at National Flood Insurance 

Community Status and Public 

Notification|FEMA.gov. Individuals 

without internet access will be able to 

contact their local floodplain 

management official and/or State NFIP 

Coordinating Office directly for 

assistance. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

674–1087. Details regarding updated 

publication requirements of community 

eligibility status information under the 

NFIP can be found on the CSB section 

at www.fema.gov. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives, new and 

substantially improved construction, 

and development in general from future 

flooding. Section 1315 of the National 

Flood Insurance Act of 1968, as 

amended, 42 U.S.C. 4022, prohibits the 

sale of NFIP flood insurance unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with NFIP regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date listed in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. FEMA recognizes 

communities may adopt and submit the 

required documentation after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. Their current NFIP 

participation status can be verified at 

anytime on the CSB section at fema.gov. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the published FIRM is 

indicated in the fourth column of the 

table. No direct federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may be 

provided for construction or acquisition 

of buildings in identified SFHAs for 

communities not participating in the 

NFIP and identified for more than a year 

on FEMA’s initial FIRM for the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

procedures under 5 U.S.C. 553(b), are 

impracticable and unnecessary because 

communities listed in this final rule 

have been adequately notified. 


khammond on DSKJM1Z7X2PROD with RULES