8328 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules

DEPARTMENT OF HOMELAND normal day in Janaury, to April 17, to control regulatory costs through a SECURITY 2021, from 11:30 to 2:00 p.m. The event budgeting process. This NPRM has not will occur on certain waters of been designated a ‘‘significant Coast Guard Hillborough bay, Tampa, Florida. The regulatory action,’’ under Executive Captain of the Port St. Petersburg Order 12866. Accordingly, the NPRM 33 CFR Part 100 (COTP) has determined that potential has not been reviewed by the Office of [Docket Number USCG–2020–0703] hazards associated with the large Management and Budget (OMB), and gathering of vessels during the parade pursuant to OMB guidance it is exempt RIN 1625–AA08 would be a safety concern for anyone from the requirements of Executive within the event area. Order 13771. Special Local Regulation; Gasparilla The purpose of this rulemaking is to This regulatory action determination Marine Parade; Hillsborough Bay; ensure the safety of public, the official is based on: (1) The special local Tampa, FL flotilla, and spectator vessels on these regulation will be enforced for only nine AGENCY: Coast Guard, DHS. navigable waters of the United States hours; (2) although certain persons and before, during, and after the scheduled vessels are prohibited to enter, transit ACTION: Notice of proposed rulemaking. event. The Coast Guard is proposing this through, anchor in, or remain within the SUMMARY: The Coast Guard is proposing rulemaking under authority in 46 U.S.C. regulated area without authorization to establish a temporary special local 70034 (previously 33 U.S.C. 1231). from the Captain of the Port St. Petersburg or a designated regulation for the 2021 Gasparilla III. Discussion of Proposed Rule Marine Parade on the waters of representative, they may operate in the Hillsborough Bay in the vicinity of The COTP is proposing to establish a surrounding area during the Tampa, Florida. This event is expected special local regulation from 9:00 a.m. enforcement period; (3) the Coast Guard to attract over 600 spectator craft along to 6:00 p.m. on April 17, 2021. The will provide advance notification of the the parade route, with approximately 18 special local regulation would cover special local regulations to the local vessels participating in the official certain waters of Hillsborough Bay in maritime community by Local Notice to flotilla. This regulation is necessary to Tampa, Florida and set forth specific Mariners and/or Broadcast Notice to ensure the safety of public, the official requirements for vessels operating Mariners; and (4) persons and vessels flotilla, and spectator vessels before, within the regulated area during the not meeting the requirements of this during, and after the parade. We invite period of enforcement. Persons and regulation may request authorization to your comments on this proposed vessels not meeting the requirements of enter, transit through, anchor in, or rulemaking. this regulation may request remain within the regulated area by authorization to enter, transit through, contacting the Captain of the Port or a DATES: Comments and related material anchor in, or remain within the designated representative. must be received by the Coast Guard on regulated area by contacting the Captain B. Impact on Small Entities or before March 8, 2021. of the Port St. Petersburg by telephone ADDRESSES: You may submit comments at (727) 824–7506, or a designated The Regulatory Flexibility Act of identified by docket number USCG– representative via VHF radio on channel 1980, 5 U.S.C. 601–612, as amended, 2020–0703 using the Federal 16. If authorization to enter, transit requires Federal agencies to consider eRulemaking Portal at https:// through, anchor in, or remain within the the potential impact of regulations on www.regulations.gov. See the ‘‘Public regulated area is granted by the Captain small entities during rulemaking. The Participation and Request for of the Port St. Petersburg or a designated term ‘‘small entities’’ comprises small Comments’’ portion of the representative, all persons and vessels businesses, not-for-profit organizations SUPPLEMENTARY INFORMATION section for receiving such authorization must that are independently owned and further instructions on submitting comply with the instructions of the operated and are not dominant in their comments. Captain of the Port St. Petersburg or a fields, and governmental jurisdictions FOR FURTHER INFORMATION CONTACT: If designated representative. The Coast with populations of less than 50,000. you have questions about this proposed Guard will provide notice of the special The Coast Guard certifies under 5 U.S.C. rulemaking, call or email Marine local regulations by Local Notice to 605(b) that this proposed rule would not Science Technician First Class Michael Mariners, Broadcast Notice to Mariners, have a significant economic impact on D. Shackleford, Sector St. Petersburg and/or on-scene designated a substantial number of small entities. Prevention Department, Coast Guard; representatives. While some owners or operators of vessels intending to transit the safety telephone (813) 228–2191, email IV. Regulatory Analyses [email protected]. zone may be small entities, for the We developed this proposed rule after reasons stated in section IV.A above, SUPPLEMENTARY INFORMATION: considering numerous statutes and this proposed rule would not have a I. Table of Abbreviations Executive orders related to rulemaking. significant economic impact on any Below we summarize our analyses vessel owner or operator. CFR Code of Federal Regulations If you think that your business, DHS Department of Homeland Security based on a number of these statutes and FR Federal Register Executive orders, and we discuss First organization, or governmental NPRM Notice of proposed rulemaking Amendment rights of protestors. jurisdiction qualifies as a small entity and that this rule would have a § Section A. Regulatory Planning and Review U.S.C. United States Code significant economic impact on it, Executive Orders 12866 and 13563 please submit a comment (see II. Background, Purpose, and Legal direct agencies to assess the costs and ADDRESSES) explaining why you think it Basis benefits of available regulatory qualifies and how and to what degree On November 23, 2020, Ye Mystic alternatives and, if regulation is this rule would economically affect it. Krewe of Gasparilla notified the Coast necessary, to select regulatory Under section 213(a) of the Small Guard that it will be rescheduling the approaches that maximize net benefits. Business Regulatory Enforcement Gasparilla Invasion and Parade from its Executive Order 13771 directs agencies Fairness Act of 1996 (Pub. L. 104–121),

VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 8329

we want to assist small entities in F. Environment without change to https:// understanding this proposed rule. If the We have analyzed this proposed rule www.regulations.gov and will include rule would affect your small business, under Department of Homeland any personal information you have organization, or governmental Security Directive 023–01, Rev. 1, provided. For more about privacy and jurisdiction and you have questions associated implementing instructions, submissions in response to this concerning its provisions or options for and Environmental Planning document, see DHS’s eRulemaking compliance, please call or email the COMDTINST 5090.1 (series), which System of Records notice (85 FR 14226, person listed in the FOR FURTHER guide the Coast Guard in complying March 11, 2020). INFORMATION CONTACT section. The Coast with the National Environmental Policy Documents mentioned in this NPRM Guard will not retaliate against small Act of 1969 (42 U.S.C. 4321–4370f), and as being available in the docket, and all entities that question or complain about have made a preliminary determination public comments, will be in our online this proposed rule or any policy or that this action is one of a category of docket at https://www.regulations.gov action of the Coast Guard. actions that do not individually or and can be viewed by following that C. Collection of Information cumulatively have a significant effect on website’s instructions. Additionally, if the human environment. This proposed you go to the online docket and sign up This proposed rule would not call for rule involves a special local regulation for email alerts, you will be notified a new collection of information under issued in conjunction with a regatta or when comments are posted or a final the Paperwork Reduction Act of 1995 marine parade. Normally such actions rule is published. (44 U.S.C. 3501–3520). are categorically excluded from further List of Subjects in 33 CFR Part 100 D. Federalism and Indian Tribal review under paragraph L(60a) of Governments Appendix A, Table 1 of DHS Instruction Marine safety, Navigation (water), Manual 023–01–001–01, Rev. 1. A Reporting and recordkeeping A rule has implications for federalism preliminary Record of Environmental requirements, Waterways. under Executive Order 13132 Consideration supporting this For the reasons discussed in the (Federalism), if it has a substantial determination is available in the docket. preamble, the Coast Guard is proposing direct effect on the States, on the For instructions on locating the docket, to amend 33 CFR part 100 as follows: relationship between the National see the ADDRESSES section of this Government and the States, or on the preamble. We seek any comments or PART 100—SAFETY OF LIFE ON distribution of power and information that may lead to the NAVIGABLE WATERS responsibilities among the various discovery of a significant environmental levels of government. We have analyzed impact from this proposed rule. ■ 1. The authority citation for part 100 this proposed rule under that Order and continues to read as follows: have determined that it is consistent G. Protest Activities with the fundamental federalism Authority: 46 U.S.C. 70041; 33 CFR 1.05– The Coast Guard respects the First 1. principles and preemption requirements Amendment rights of protesters. described in Executive Order 13132. Protesters are asked to call or email the ■ 2. Add § 100.T07–0703 to read as Also, this proposed rule does not have person listed in the FOR FURTHER follows: tribal implications under Executive INFORMATION CONTACT section to § 100.T07-0703 Special Local Regulation; Order 13175 (Consultation and coordinate protest activities so that your Gasparilla Marine Parade; Hillsborough Coordination with Indian Tribal message can be received without Bay; Tampa, FL. Governments) because it would not jeopardizing the safety or security of (a) Regulated Areas: (1) Waters of have a substantial direct effect on one or people, places, or vessels. Hillsborough Bay and its tributaries more Indian tribes, on the relationship ° ′ ″ between the Federal Government and V. Public Participation and Request for north of 27 51 18 N and south of the Indian tribes, or on the distribution of Comments John F. Kennedy Bridge: Hillsborough power and responsibilities between the We view public participation as Cut ‘‘D’’ Channel, Seddon Channel, Federal Government and Indian tribes. essential to effective rulemaking, and Sparkman Channel and the If you believe this proposed rule has will consider all comments and material Hillsborough River south of the John F. implications for federalism or Indian received during the comment period. Kennedy Bridge,Tampa, Florida. All tribes, please call or email the person Your comment can help shape the coordinates referenced use datum: NAD 83. listed in the FOR FURTHER INFORMATION outcome of this rulemaking. If you CONTACT section. submit a comment, please include the (2) All navigable waters within a 100 docket number for this rulemaking, yards around the vessel JOSE GASPAR E. Unfunded Mandates Reform Act indicate the specific section of this while docked at the Tampa Yacht Club The Unfunded Mandates Reform Act document to which each comment and Tampa Convention Center, Tampa, of 1995 (2 U.S.C. 1531–1538) requires applies, and provide a reason for each Florida. Federal agencies to assess the effects of suggestion or recommendation. (3) When within the marked channels their discretionary regulatory actions. In We encourage you to submit of the parade route, vessels participating particular, the Act addresses actions comments through the Federal in the Gasparilla Marine Parade may not that may result in the expenditure by a eRulemaking Portal at https:// exceed the minimum speed necessary to State, local, or tribal government, in the www.regulations.gov. If your material maintain steerage. aggregate, or by the private sector of cannot be submitted using https:// (b) Special Local Regulations. (1) All $100,000,000 (adjusted for inflation) or www.regulations.gov, call or email the vessels within the regulated area in more in any one year. Though this person in the FOR FURTHER INFORMATION paragraph (a) of this section must stay proposed rule would not result in such CONTACT section of this document for 50 feet away from and give way to all an expenditure, we do discuss the alternate instructions. officially entered vessels in parade effects of this rule elsewhere in this We accept anonymous comments. All formation in the Gasparilla Marine preamble. comments received will be posted Parade.

VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS 8330 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules

(2) Jet skis and vessels without Enhancement Act (PAEA) particularly findings were premised in part on the mechanical propulsion are prohibited related to maximizing incentives to existing ratemaking system’s inability to from the parade route. increase efficiency and reduce costs, assure financial stability (including (3) Vessels less than 10 feet in length maintaining high-quality service retained earnings), maximize incentives are prohibited from the parade route standards, and assuring financial to reduce costs and increase efficiency, unless capable of safely participating. stability (including retained earnings). and maintain high-quality service (4) Vessels found to be unsafe to This advance notice informs the public standards. See Order No. 4257 at 3–5, participate at the discretion of a present of the docket’s initiation, invites public 274–275. During the PAEA era, the law enforcement officer are prohibited comment, and takes other existing ratemaking system was from the parade route. administrative steps. inadequate, which resulted in an 3 (5) Northbound vessels in excess of 65 DATES: accumulated deficit, maximum use of feet in length without mooring Comments are due: April 15, 2021. the Postal Service’s borrowing authority arrangement made prior to the date of Reply comments are due: May 17, and a sharp decline in capital the event are prohibited from entering 2021. investments,4 operational efficiency Seddon Channel, unless the vessel is increases and cost reductions that were ADDRESSES: Submit comments officially entered in the Gasparilla insufficient to achieve overall financial electronically via the Commission’s Marine Parade. stability and/or retained earnings,5 and Filing Online system at http:// (6) Vessels not officially entered in reduction of the high-quality service www.prc.gov. Those who cannot submit the Gasparilla Marine Parade may not standards that were set in 2007.6 comments electronically should contact enter the parade staging area box within In response, the Commission the person identified in the FOR FURTHER the following coordinates: 27°53′53″ N, modified the ratemaking system’s INFORMATION CONTACT section by 082°27′47″ W; 27°53′22″ N, 082°27′10″ design to encourage and enable the telephone for advice on filing W; 27°52′36″ N, 082°27′55″ W; Postal Service to address its complex alternatives. 27°53′02″ N, 082°28′31″ W. challenges by making prudent pricing (7) Designated representatives may FOR FURTHER INFORMATION CONTACT: and operational decisions. See Order control vessel traffic throughout the David A. Trissell, General Counsel, at No. 5763 at 285. Among other changes enforcement area as determined by the 202–789–6820. made, the modified rules provide prevailing conditions. SUPPLEMENTARY INFORMATION: additional rate authority to address two (8) Persons and vessels may request underlying drivers of the Postal Table of Contents authorization to enter, transit through, Service’s net losses that are largely anchor in, or remain within the I. Introduction outside of its direct and near-term regulated areas by contacting the COTP II. Background control: (1) The increase in per-unit cost St. Petersburg by telephone at (727) III. Substantive Areas for Further Refinement resulting from the decline in mail 824–7506, or a designated IV. Administrative Actions density for each fiscal year under V. Ordering Paragraphs representative via VHF radio on channel subpart D of 39 CFR part 3030 of this 16. If authorization is granted, all I. Introduction chapter; and (2) the statutorily mandated amortization payments for persons and vessels receiving such Pursuant to 39 U.S.C. 3622(d)(3), the particular retirement costs under authorization must comply with the Commission issues this advance notice subpart E of 39 CFR part 3030 of this instructions of the COTP St. Petersburg of proposed rulemaking to seek input chapter. See id. These principled or a designated representative. from the public about what additional adjustments to the price cap made by (d) Enforcement Period. This rule will regulations promulgated by the the Commission in Docket No. RM2017– be enforced from 9 a.m. to 6 p.m. on Commission may be necessary to April 17, 2021. achieve the objectives of the Postal 2017, at 26 (Order No. 4258); Docket No. RM2017– Dated: January 13, 2021. Accountability and Enhancement Act 3, Order on the Findings and Determination of the Matthew A. Thompson, (PAEA) 1 over the longer-term, 39 U.S.C. 3622 Review, December 1, 2017, at 3–5, Captain, U.S. Coast Guard, Captain of the particularly related to maximizing 274–275 (Order No. 4257). Port St. Petersburg. incentives to increase efficiency and 3 See Order No. 4257 at 171–172 (describing how the consecutive net losses resulted in an [FR Doc. 2021–02172 Filed 2–4–21; 8:45 am] reduce costs, maintaining high-quality accumulated deficit). BILLING CODE 9110–04–P service standards, and assuring financial 4 The Postal Service lacks shareholders and stability (including retained earnings). instead must finance capital investments through revenue or through borrowing. Order No. 4258 at II. Background 48–49. Therefore, as consecutive years of net losses POSTAL REGULATORY COMMISSION resulted in an accumulated deficit, the Postal In Docket No. RM2017–3, the Service relied heavily on its borrowing authority, 39 CFR Part 3030 Commission found that the existing deferred capital investments, and increased its cash Market Dominant ratemaking system reserves. See id. at 46–52. [Docket No. RM2021–2; Order No. 5816] did not achieve the PAEA’s objectives 5 Order No. 4257 at 222, 274–275 (summarizing during the 10 years following the that while some cost reductions and efficiency Market Dominant Products 2 gains were achieved post-PAEA, they were PAEA’s enactment. The Commission’s insufficient to achieve financial stability in the AGENCY: Postal Regulatory Commission. medium term and long term). 1 ACTION: Advance notice of proposed Public Law 109–435, 201, 120 Stat. 3198, 3204 6 Id. at 273. The two major service standard (2006). changes in the first 10 years after the passage of the rulemaking. 2 See Docket No. RM2017–3, Order Adopting PAEA were reviewed by the Commission, prior to Final Rules for the System of Regulating Rates and implementation, in Docket Nos. N2012–1 and SUMMARY: The Commission is initiating Classes for Market Dominant Products, November N2014–1. The ‘‘Network Rationalization’’ initiative a review seeking input from the public 30, 2020, at 2 (Order No. 5763); see also Docket No. implemented by the Postal Service included about what additional regulations RM2017–3, Revised Notice of Proposed changes to the service standards for First-Class Rulemaking, December 5, 2019, at 7 (Order No. Mail, Periodicals, USPS Marketing Mail, and promulgated by the Commission may be 5337); Docket No. RM2017–3, Notice of Proposed Package Services. The ‘‘Load Leveling’’ initiative necessary to achieve the objectives of Rulemaking for the System for Regulating Rates and included changes to the service standards for USPS the Postal Accountability and Classes for Market Dominant Products, December 1, Marketing Mail. Id. at 264–273.

VerDate Sep<11>2014 16:29 Feb 04, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1 jbell on DSKJLSW7X2PROD with PROPOSALS