Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 5401 

§ 2702.10 Waivers and reduction of fees. 

(a) Automatic fee waiver. No fees shall 

be charged to any requester, including 

commercial use requesters, if the 

anticipated cost of processing and 

collecting the fee would be equal to or 

greater than the fee itself. Accordingly, 

the Commission has determined that 

fees of less than $20 shall be waived. If 

the Commission fails to comply with the 

time limits in § 2702.4(b), including the 

requirements related to the 10-day 

extension for unusual circumstances, 

search fees will not be assessed and, for 

requesters described in 30 U.S.C. 

552(a)(4)(A)(ii)(II), duplication fees will 

not be assessed. See Commission’s FOIA 

Guide for further information. 

(b) Request for fee waiver or 

reduction. A request for fee waiver or 

reduction shall be made in writing and 

shall address the criteria outlined in 

paragraphs (b)(1) through (6) of this 

section. The request should be 

submitted with the original request for 

information filed pursuant to 

§ 2702.3(a). If the request is granted, the 

documents shall be furnished without 

any charge, or at a charge reduced below 

the fees otherwise applicable. A waiver 

or reduction of fees will be granted only 

if disclosure of the information is 

determined to be in the public interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

Government and is not primarily in the 

commercial interest of the requester. 

The following six factors will be 

employed in determining when such 

fees shall be waived or reduced: 

(1) The subject of the request: 

Whether the subject of the requested 

records concerns ‘‘the operations or 

activities of the Government;’’ 

(2) The informative value of the 

information to be disclosed: Whether 

the disclosure is ‘‘likely to contribute’’ 

to an understanding of Government 

operations or activities; 

(3) 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;’’ 

(4) The significance of contribution to 

public understanding: Whether the 

disclosure is likely to contribute 

‘‘significantly’’ to public understanding 

of Government operations or activities; 

(5) The existence and magnitude of a 

commercial interest: Whether the 

requester has a commercial interest that 

would be furthered by the requested 

disclosure; and 

(6) The primary interest in disclosure: 

Whether the magnitude of any 

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.’’ 

(c) Determination. The Chief FOIA 

Officer, upon request, shall determine 

whether a waiver or reduction of fees is 

warranted. 

§ 2702. 11 Payment of fees; advance 

payments; interest; debt collection. 

(a) Payment of fees. Upon receipt of 

the invoice or statement detailing the 

charges incurred for processing, the 

requester shall make payment within 30 

calendar days to the Federal Mine 

Safety and Health Review Commission 

or FMSHRC, Attention: Office of the 

Executive Director, 1331 Pennsylvania 

Avenue NW, Suite 520N, Washington, 

DC 20004–1710. 

(b) Advance payment. Before work is 

commenced or continued on a request, 

advance payment may be required if the 

charges are likely to exceed $250. 

(c) Delinquent requesters. Requesters 

who have previously failed to pay FOIA 

processing fees associated with a prior 

request, within the time mandated by 

paragraph (a) of this section, and are 

unable to demonstrate that the fee was 

previously paid, may be required to first 

pay the unpaid balance plus any 

applicable interest and then make an 

advance payment of the full amount of 

the estimated fee before the new or 

pending request is processed. 

(d) Interest charges. Interest charges 

may be assessed on any unpaid bill 

starting on the 31st day following the 

day on which the billing was sent, at the 

rate prescribed in 31 U.S.C. 3717, and 

will accrue from the date of billing. 

(e) Debt collection. The Debt 

Collection Act of 1982, Public Law 97– 

365, including disclosure to consumer 

credit reporting agencies and the use of 

collection agencies, will be utilized to 

encourage payment where appropriate. 

§ 2702.12 Preservation of records. 

Pursuant to title 44 of the United 

States Code or the General Records 

Schedule 4.2 of the National Archives 

and Records Administration, the 

Commission preserves all 

correspondence pertaining to requests 

received under this part, as well as 

copies of all requested records for 6 

years following final agency action or 3 

years after final adjudication by the 

courts, whichever is later. The 

Commission will not dispose of or 

destroy records while they are the 

subject of a pending request, appeal, or 

lawsuit under the FOIA. 

Dated: January 20, 2022. 

Arthur R. Traynor, III, 

Chair, Federal Mine Safety and Health Review 

Commission. 

[FR Doc. 2022–01449 Filed 1–31–22; 8:45 am] 

BILLING CODE 6735–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0015] 

Drawbridge Operation Regulation; 

Grand Canal, Indian Harbour Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Lansing 

Island Bridge across Grand Canal, mile 

0.7 at Indian Harbour Beach, FL. A 

request was made to the Coast Guard to 

allow the drawbridge to remain closed 

to navigation and untended during the 

overnight hours due to a lack of 

requested openings. This deviation will 

test a change to the drawbridge 

operation schedule to determine 

whether a permanent change to the 

schedule is needed. The Coast Guard is 

seeking comments from the public 

regarding these temporary changes. 

DATES: This deviation is effective from 

12:01 a.m. on February 1, 2022 through 

11:59 p.m. on July 30, 2022. 

Comments and related material must 

reach the Coast Guard on or before April 

1, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0015 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this test 

deviation, call or email Ms. Jennifer 

Zercher, Bridge Management Specialist, 

Seventh Coast Guard District, telephone 

305–415–6740, email 

Jennifer.N.Zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The Lansing Island Bridge across 

Grand Canal, mile 0.7, at Indian 

Harbour Beach, FL is a single-leaf 


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5402 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations 

bascule bridge with a 16 foot vertical 

clearance at mean high water in the 

closed position. The normal operating 

schedule for the bridge is set forth in 33 

CFR 117.285(a). Navigation on the 

waterway consists mainly of 

recreational mariners. 

The bridge owner, Lansing Island 

Homeowners Association, Inc. 

requested the Coast Guard consider 

allowing the drawbridge to remain 

closed to navigation and untended 

during the overnight hours due to a lack 

of requested openings. We requested a 

copy of the bridge logs from January 1, 

2021 through November 30, 2021. After 

reviewing the logs, the Coast Guard 

found the drawbridge provided three 

openings between the hours of 10:00 

p.m. and 6:00 a.m. Two channels 

provide alternate access to Grand Canal. 

Vessels that can pass beneath the bridge 

without an opening may do so at any 

time. 

Under this test deviation, from 10 

p.m. until 6 a.m. daily, the draw need 

not open for the passage of vessels and 

will be untended. At all other times the 

bridge shall operate on its normal 

schedule. 

The Coast Guard will also inform 

waterway users of the change to the 

operating schedule via the Local Notice 

to Mariners so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal Decision 

Making Portal at https://

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2022–0015 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

To view documents mentioned in this 

proposed rule as being available in the 

docket, find the docket as described in 

the previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Dated: January 25, 2022. 

Randall D. Overton, 

Director, Bridge Administration, Seventh 

Coast Guard District. 

[FR Doc. 2022–01880 Filed 1–31–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–PIRO–32442; PPMWPIRON0 

PPMRSNR1Z.Y00000 200P103601] 

RIN 1024–AE53 

Pictured Rocks National Lakeshore; 

Snowmobiles 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

amends its special regulations for 

Pictured Rocks National Lakeshore to 

clarify where snowmobiles may be used 

within the boundaries of the Lakeshore 

by naming several snowmobile routes 

that are not currently identified. The 

rule replaces general language allowing 

snowmobiles on unplowed roads and 

the shoulders of plowed roads with a 

comprehensive list of designated 

snowmobile routes. The changes will 

provide greater certainty to the public 

by removing ambiguity in the current 

regulations about where snowmobiles 

are allowed. The use of snowmobiles 

within areas of the National Park 

System is prohibited except on routes 

and water surfaces designated by special 

regulation. 

DATES: This rule is effective March 3, 

2022. 

ADDRESSES: The comments received on 

the proposed rule are available on 

http://www.regulations.gov in Docket 

ID: NPS–2020–0005. 

FOR FURTHER INFORMATION CONTACT: 

David Horne, Superintendent, Pictured 

Rocks National Lakeshore, (906) 387– 

2607 ext. 1202, david_horne@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Significance of the Lakeshore 

Colorful sandstone cliffs tower 50 to 

200 feet above the vast and glistening 

fresh water of Lake Superior. Deep 

shoreline forests open onto sparking 

inland lakes, gurgling streams, and 

waterfalls. Sand dunes perch atop miles 

of high sand bluffs and unspoiled 

beaches. Beaver-chewed tree stumps, a 

raven’s nest balanced high on a rocky 

ledge, and cloven deer tracks imprinted 

in the mud hint at the abundance of 

wildlife that inhabit the beautiful and 

diverse landscape. These features create 

the spectacular setting that is Pictured 

Rocks National Lakeshore. Congress 

established this location as the country’s 

first national lakeshore in 1966 to 

preserve the shoreline, cliffs, beaches, 

and dunes, and to provide an 

extraordinary place for recreation and 

discovery. Little more than 6 miles 

across at its widest point, the Lakeshore 

hugs Lake Superior’s shoreline for 

nearly 40 miles. The Lakeshore consists 

of two zones: The Lakeshore Zone, 

federal land managed by the National 

Park Service (NPS); and the Inland 

Buffer Zone, a mixture of federal, state, 

and private land. Together these zones 

encompass nearly 73,000 acres of 

protected land and water that stretch 

from Munising to Grand Marais, 

Michigan. Attractions at the Lakeshore 

include a lighthouse and former Coast 

Guard stations, along with old 

farmsteads and orchards. The Lakeshore 

is a year-round recreational destination 

where hiking, camping, hunting, nature 

study, and winter activities abound. 

NPS Management Authority Over 

Snowmobile Use 

The NPS manages the Lakeshore 

under the NPS Organic Act (54 U.S.C. 

100101 et seq.), which gives the NPS 

broad authority to regulate the use of the 

lands and waters under its jurisdiction. 

The Organic Act authorizes the 


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