35224 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations 

application demonstrating how 

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 is 

not primarily in the commercial interest 

of the requester. 

* * * * * 

(8) Restriction on charging fees. If the 

RRB fails to comply with the FOIA’s 

time limits in which to respond to a 

request, it may not charge search fees, 

or, in the instances of requests from 

requesters described in paragraphs 

(g)(2)(ii) and (iii) of this section, may not 

charge reproduction fees except as 

described in paragraphs (g)(8)(i) and (ii) 

of this section. 

(i) If the RRB has determined that 

unusual circumstances as defined by the 

FOIA apply and the agency provided 

timely written notice to the requester in 

accordance with the FOIA, a failure to 

comply with the time limit shall be 

excused for an additional 10 days. 

(ii) If the RRB has determined that 

unusual circumstances as defined by the 

FOIA apply, and more than 5,000 pages 

are necessary to respond to the request, 

the agency may charge search fees, or, 

in the case of requesters described in 

paragraphs (g)(2)(ii) and (iii) of this 

section, may charge duplication fees if 

the following steps are taken. The 

agency must have provided timely 

written notice of unusual circumstances 

to the requester in accordance with the 

FOIA and the agency must have 

discussed with the requester via written 

mail, email, or telephone (or made not 

less than three good-faith attempts to do 

so) how the requester could effectively 

limit the scope of the request in 

accordance with 5 U.S.C. 

552(a)(6)(B)(ii). If the exception in this 

paragraph (g)(8)(ii) is satisfied, the 

component may charge all applicable 

fees incurred in the processing of the 

request. 

(9) Other statutes specifically 

providing for fees. The fee schedule of 

this section does not apply to fees 

charged under any statute that 

specifically requires an agency to set 

and collect fees for particular types of 

records. In instances where records 

responsive to a request are subject to a 

statutorily-based fee schedule program, 

the agency must inform the requester of 

the contact information of that program. 

* * * * * 

(i) Timing of responses to requests. 

The RRB ordinarily will respond to 

requests according to their order of 

receipt. In instances involving 

misdirected requests that are required to 

be rerouted, the response time shall 

commence on the date that the request 

is received by the office that is 

designated to receive requests, but in 

any event not later than 10 working 

days after the request is first received by 

any office that is designated by these 

regulations to receive requests. 

(1) Unusual circumstances. Whenever 

the RRB cannot meet the statutory time 

limit for processing a request because of 

‘‘unusual circumstances,’’ as defined in 

the FOIA, and the RRB extends the time 

limit on that basis, the RRB shall, before 

expiration of the 20-day period to 

respond, notify the requester in writing 

of the unusual circumstances involved 

and of the date by which the RRB 

estimates processing of the request will 

be completed. Where the extension 

exceeds 10 working days, the RRB shall, 

as described by the FOIA, provide the 

requester with an opportunity to modify 

the request or arrange an alternative 

time period for processing the original 

or modified request. The RRB shall 

make available its designated FOIA 

Public Liaison for this purpose. The 

RRB shall also alert requesters to the 

availability of the Office of Government 

Information Services (OGIS) to provide 

dispute resolution services. 

(2) Expedited processing. (i) The RRB 

shall process requests and appeals on an 

expedited basis whenever it is 

determined that they involve: 

(A) Circumstances in which the lack 

of expedited processing could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual; or 

(B) An urgency to inform the public 

about an actual or alleged Federal 

Government activity, if made by a 

person who is primarily engaged in 

disseminating information. 

(ii) A request for expedited processing 

may be made at any time. Requests 

based on paragraphs (i)(2)(i)(A) and (B) 

of this section must be submitted to the 

General Counsel, Railroad Retirement 

Board, Room 836, 844 N Rush Street, 

Chicago, Illinois 60611–1275. 

(iii) A requester who seeks expedited 

processing must submit a statement, 

certified to be true and correct, 

explaining in detail the basis for making 

the request for expedited processing. 

For example, under paragraph 

(i)(2)(i)(B) of this section, a requester 

who is not a full-time member of the 

news media must establish that the 

requester is a person whose primary 

professional activity or occupation is 

information dissemination, though it 

need not be the requester’s sole 

occupation. Such a requester also must 

establish a particular urgency to inform 

the public about the government activity 

involved in the request—one that 

extends beyond the public’s right to 

know about government activity 

generally. The existence of numerous 

articles published on a given subject can 

be helpful in establishing the 

requirement that there be an ‘‘urgency to 

inform’’ the public on the topic. As a 

matter of administrative discretion, an 

agency may waive the formal 

certification requirement. 

(iv) The RRB shall notify the requester 

within 10 calendar days of the receipt 

of a request for expedited processing of 

its decision whether to grant or deny 

expedited processing. If expedited 

processing is granted, the request will 

be given priority and will be processed 

as soon as practicable. If a request for 

expedited processing is denied, the RRB 

will act on any appeal of that decision 

expeditiously. 

(j) * * * Additionally, any grant shall 

contain a statement notifying the 

requester of the assistance available 

from the RRB’s FOIA Public Liaison, 

and any denial shall contain a statement 

notifying the requester of the assistance 

available from the RRB’s FOIA Public 

Liaison and the dispute resolution 

services offered by the National 

Archives and Records Administration’s 

(NARA’s) Office of Government 

Information Services (OGIS). 

* * * * * 

By Authority of the Board. 

Stephanie Hillyard, 

Secretary to the Board. 

[FR Doc. 2021–13963 Filed 7–1–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0444] 

Safety Zone; Independence Day 

Celebration, Bridge Side Marine 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Independence Day 

Celebration at Bridge Side Marina in 

Grand Isle, Louisiana, from 10 p.m. 

through 10:30 p.m. on Saturday, July 3, 

2021. This action is needed to provide 

for the safety of life on navigable 

waterways during this event. 

DATES: The regulations in 33 CFR 

165.801, Table 5, line 7, will be 


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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations 35225 

enforced from 10 p.m. through 10:30 

p.m. on July 3, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Commander 

Matthew M. Spolarich, Chief of 

Prevention, U.S. Coast Guard Marine 

Safety Unit Houma; telephone 985–850– 

6437, email matthew.m.spolarich@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.801, Table 5, line 7, for the 

Independence Day Celebration at Bridge 

Side Marina in Grand Isle, Louisiana 

from 10 p.m. through 10:30 p.m. This 

action is being taken to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Eighth Coast 

Guard District requiring safety zones, 

§ 165.801, Table 5, line 7, specifies the 

location of the safety zone as a 500 foot 

radius from the Pier located at Bridge 

Side Marina, 2012 LA Highway 1, Grand 

Isle, LA (Lat: 29°12′14′′ N; Long: 

090°02′28.47′′ W). During the 

enforcement period, as reflected in 

§ 100.801, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the zone must request permission from 

the Captain of the Port or a designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

Broadcast Notice to Mariners. 

Dated: June 28, 2021. 

J.W. Russell, 

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

Port Houma. 

[FR Doc. 2021–14166 Filed 7–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0455] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for the Lake Erie Open 

Water Swim. This action is necessary 

and intended for the safety of life and 

property on navigable waters during the 

event. During the enforcement period, 

no person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo. 

DATES: The regulations listed in 33 CFR 

165.939 as listed in Table 165.939(b)(12) 

will be enforced from 6:45 a.m. through 

11:15 a.m. on July 17, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Natalie 

Smith, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939(b)(12) for the Lake Erie 

Open Water Swim. Pursuant to 33 CFR 

165.23, entry into, transiting, or 

anchoring within the safety zone during 

an enforcement period is prohibited 

unless authorized by the Captain of the 

Port Buffalo or a designated 

representative. Those seeking 

permission to enter the safety zone may 

request permission from the Captain of 

Port Buffalo via channel 16, VHF–FM. 

Vessels and persons granted permission 

to enter the safety zone shall obey the 

directions of the Captain of the Port 

Buffalo or a designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice, she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Lexia M. Littlejohn, 

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

Port Buffalo. 

[FR Doc. 2021–14144 Filed 7–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 210 

RIN 0710–AB39 

Procurement Activities of the Corps of 

Engineers 

AGENCY: U.S. Army Corps of Engineers, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

U.S. Army Corps of Engineers’ part 

titled, ‘‘Procurement Activities of the 

Corps of Engineers.’’ Each removed 

section is out-of-date, duplicative of 

existing regulations, and otherwise 

covers internal agency operations that 

have no public compliance component 

or adverse public impact. Regulations 

governing internal procurement 

activities can be found on file with the 

agency. Therefore, this part can be 

removed from the Code of Federal 

Regulations (CFR). 

DATES: This rule is effective on July 2, 

2021. 

ADDRESSES: Department of the Army, 

U.S. Army Corps of Engineers, ATTN: 

CECT–P (Ms. Wanda Cross), 441 G 

Street NW, Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Wanda Cross at (202) 761–1034 or by 

email at wanda.m.cross2@

usace.army.mil. 

SUPPLEMENTARY INFORMATION: This final 

rule removes from the CFR part 210 of 

title 33, ‘‘Procurement Activities of the 

Corps of Engineers.’’ The rules at 33 

CFR 210.1, 210.2, and 210.3 were 

published on December 7, 1961 (26 FR 

11732) pursuant to Department of 

Defense procurement statutes, 10 U.S.C. 

Chapter 137. The regulation at 33 CFR 

210.1 provides for procedures for 

advance notices to prospective bidders 

on certain construction contracts. The 

regulation at 33 CFR 210.2 provides for 

procedures to notify the successful 

bidder of the acceptance of their bid. 

The regulation at 33 CFR 210.3 provides 

for procedures to issue a notice to 

proceed to contractors. The rule at 33 

CFR 210.4 was initially published on 

January 14, 1975 (40 FR 2582), and 

amended on March 24, 1980 (45 FR 

19202). The rule at 33 CFR 210.5 was 

published on March 24, 1980 (45 FR 

19202). The regulations at 33 CFR 210.4 

and 201.5 provide for the administration 

of appeals before the Corps of Engineers 

Board of Contract Appeals. While the 

rules apply only to the Corps’ internal 


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