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

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2020–0703] 

RIN 1625–AA08 

Special Local Regulation; Gasparilla 

Marine Parade; Hillsborough Bay; 

Tampa, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary special local 

regulation for the 2021 Gasparilla 

Marine Parade on the waters of 

Hillsborough Bay in the vicinity of 

Tampa, Florida. This event is expected 

to attract over 600 spectator craft along 

the parade route, with approximately 18 

vessels participating in the official 

flotilla. This regulation is necessary to 

ensure the safety of public, the official 

flotilla, and spectator vessels before, 

during, and after the parade. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 8, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2020–0703 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Marine 

Science Technician First Class Michael 

D. Shackleford, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email 

Michael.D.Shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On November 23, 2020, Ye Mystic 

Krewe of Gasparilla notified the Coast 

Guard that it will be rescheduling the 

Gasparilla Invasion and Parade from its 

normal day in Janaury, to April 17, 

2021, from 11:30 to 2:00 p.m. The event 

will occur on certain waters of 

Hillborough bay, Tampa, Florida. The 

Captain of the Port St. Petersburg 

(COTP) has determined that potential 

hazards associated with the large 

gathering of vessels during the parade 

would be a safety concern for anyone 

within the event area. 

The purpose of this rulemaking is to 

ensure the safety of public, the official 

flotilla, and spectator vessels on these 

navigable waters of the United States 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

special local regulation from 9:00 a.m. 

to 6:00 p.m. on April 17, 2021. The 

special local regulation would cover 

certain waters of Hillsborough Bay in 

Tampa, Florida and set forth specific 

requirements for vessels operating 

within the regulated area during the 

period of enforcement. Persons and 

vessels not meeting the requirements of 

this regulation may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the Captain 

of the Port St. Petersburg by telephone 

at (727) 824–7506, or a designated 

representative via VHF radio on channel 

16. If authorization to enter, transit 

through, anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port St. Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. The Coast 

Guard will provide notice of the special 

local regulations by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and/or on-scene designated 

representatives. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on: (1) The special local 

regulation will be enforced for only nine 

hours; (2) although certain persons and 

vessels are prohibited to enter, transit 

through, anchor in, or remain within the 

regulated area without authorization 

from the Captain of the Port St. 

Petersburg or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (3) the Coast Guard 

will provide advance notification of the 

special local regulations to the local 

maritime community by Local Notice to 

Mariners and/or Broadcast Notice to 

Mariners; and (4) persons and vessels 

not meeting the requirements of this 

regulation may request authorization to 

enter, transit through, anchor in, or 

remain within the regulated area by 

contacting the Captain of the Port or a 

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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 


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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 8329 

we want to assist small entities in 

understanding this proposed 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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a special local regulation 

issued in conjunction with a regatta or 

marine parade. Normally such actions 

are categorically excluded from further 

review under paragraph L(60a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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. 

V. 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 

eRulemaking Portal at https://

www.regulations.gov. If your material 

cannot be submitted using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and 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). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T07–0703 to read as 

follows: 

§ 100.T07-0703 Special Local Regulation; 

Gasparilla Marine Parade; Hillsborough 

Bay; Tampa, FL. 

(a) Regulated Areas: (1) Waters of 

Hillsborough Bay and its tributaries 

north of 27°51′18′′ N and south of the 

John F. Kennedy Bridge: Hillsborough 

Cut ‘‘D’’ Channel, Seddon Channel, 

Sparkman Channel and the 

Hillsborough River south of the John F. 

Kennedy Bridge,Tampa, Florida. All 

coordinates referenced use datum: NAD 

83. 

(2) All navigable waters within a 100 

yards around the vessel JOSE GASPAR 

while docked at the Tampa Yacht Club 

and Tampa Convention Center, Tampa, 

Florida. 

(3) When within the marked channels 

of the parade route, vessels participating 

in the Gasparilla Marine Parade may not 

exceed the minimum speed necessary to 

maintain steerage. 

(b) Special Local Regulations. (1) All 

vessels within the regulated area in 

paragraph (a) of this section must stay 

50 feet away from and give way to all 

officially entered vessels in parade 

formation in the Gasparilla Marine 

Parade. 


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8330 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules 

1Public Law 109–435, 201, 120 Stat. 3198, 3204 

(2006). 

2See Docket No. RM2017–3, Order Adopting 

Final Rules for the System of Regulating Rates and 

Classes for Market Dominant Products, November 

30, 2020, at 2 (Order No. 5763); see also Docket No. 

RM2017–3, Revised Notice of Proposed 

Rulemaking, December 5, 2019, at 7 (Order No. 

5337); Docket No. RM2017–3, Notice of Proposed 

Rulemaking for the System for Regulating Rates and 

Classes for Market Dominant Products, December 1, 

2017, at 26 (Order No. 4258); Docket No. RM2017– 

3, Order on the Findings and Determination of the 

39 U.S.C. 3622 Review, December 1, 2017, at 3–5, 

274–275 (Order No. 4257). 

3See Order No. 4257 at 171–172 (describing how 

the consecutive net losses resulted in an 

accumulated deficit). 

4The Postal Service lacks shareholders and 

instead must finance capital investments through 

revenue or through borrowing. Order No. 4258 at 

48–49. Therefore, as consecutive years of net losses 

resulted in an accumulated deficit, the Postal 

Service relied heavily on its borrowing authority, 

deferred capital investments, and increased its cash 

reserves. See id. at 46–52. 

5Order No. 4257 at 222, 274–275 (summarizing 

that while some cost reductions and efficiency 

gains were achieved post-PAEA, they were 

insufficient to achieve financial stability in the 

medium term and long term). 

6 Id. at 273. The two major service standard 

changes in the first 10 years after the passage of the 

PAEA were reviewed by the Commission, prior to 

implementation, in Docket Nos. N2012–1 and 

N2014–1. The ‘‘Network Rationalization’’ initiative 

implemented by the Postal Service included 

changes to the service standards for First-Class 

Mail, Periodicals, USPS Marketing Mail, and 

Package Services. The ‘‘Load Leveling’’ initiative 

included changes to the service standards for USPS 

Marketing Mail. Id. at 264–273. 

(2) Jet skis and vessels without 

mechanical propulsion are prohibited 

from the parade route. 

(3) Vessels less than 10 feet in length 

are prohibited from the parade route 

unless capable of safely participating. 

(4) Vessels found to be unsafe to 

participate at the discretion of a present 

law enforcement officer are prohibited 

from the parade route. 

(5) Northbound vessels in excess of 65 

feet in length without mooring 

arrangement made prior to the date of 

the event are prohibited from entering 

Seddon Channel, unless the vessel is 

officially entered in the Gasparilla 

Marine Parade. 

(6) Vessels not officially entered in 

the Gasparilla Marine Parade may not 

enter the parade staging area box within 

the following coordinates: 27°53′53′′ N, 

082°27′47′′ W; 27°53′22′′ N, 082°27′10′′ 

W; 27°52′36′′ N, 082°27′55′′ W; 

27°53′02′′ N, 082°28′31′′ W. 

(7) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(8) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the COTP 

St. Petersburg by telephone at (727) 

824–7506, or a designated 

representative via VHF radio on channel 

16. If authorization is granted, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP St. Petersburg 

or a designated representative. 

(d) Enforcement Period. This rule will 

be enforced from 9 a.m. to 6 p.m. on 

April 17, 2021. 

Dated: January 13, 2021. 

Matthew A. Thompson, 

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

Port St. Petersburg. 

[FR Doc. 2021–02172 Filed 2–4–21; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3030 

[Docket No. RM2021–2; Order No. 5816] 

Market Dominant Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Commission is initiating 

a review seeking input from the public 

about what additional regulations 

promulgated by the Commission may be 

necessary to achieve the objectives of 

the Postal Accountability and 

Enhancement Act (PAEA) particularly 

related to maximizing incentives to 

increase efficiency and reduce costs, 

maintaining high-quality service 

standards, and assuring financial 

stability (including retained earnings). 

This advance notice informs the public 

of the docket’s initiation, invites public 

comment, and takes other 

administrative steps. 

DATES: 

Comments are due: April 15, 2021. 

Reply comments are due: May 17, 

2021. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Substantive Areas for Further Refinement 

IV. Administrative Actions 

V. Ordering Paragraphs 

I. Introduction 

Pursuant to 39 U.S.C. 3622(d)(3), the 

Commission issues this advance notice 

of proposed rulemaking to seek input 

from the public about what additional 

regulations promulgated by the 

Commission may be necessary to 

achieve the objectives of the Postal 

Accountability and Enhancement Act 

(PAEA) 1 over the longer-term, 

particularly related to maximizing 

incentives to increase efficiency and 

reduce costs, maintaining high-quality 

service standards, and assuring financial 

stability (including retained earnings). 

II. Background 

In Docket No. RM2017–3, the 

Commission found that the existing 

Market Dominant ratemaking system 

did not achieve the PAEA’s objectives 

during the 10 years following the 

PAEA’s enactment.2 The Commission’s 

findings were premised in part on the 

existing ratemaking system’s inability to 

assure financial stability (including 

retained earnings), maximize incentives 

to reduce costs and increase efficiency, 

and maintain high-quality service 

standards. See Order No. 4257 at 3–5, 

274–275. During the PAEA era, the 

existing ratemaking system was 

inadequate, which resulted in an 

accumulated deficit,3 maximum use of 

the Postal Service’s borrowing authority 

and a sharp decline in capital 

investments,4 operational efficiency 

increases and cost reductions that were 

insufficient to achieve overall financial 

stability and/or retained earnings,5 and 

reduction of the high-quality service 

standards that were set in 2007.6

In response, the Commission 

modified the ratemaking system’s 

design to encourage and enable the 

Postal Service to address its complex 

challenges by making prudent pricing 

and operational decisions. See Order 

No. 5763 at 285. Among other changes 

made, the modified rules provide 

additional rate authority to address two 

underlying drivers of the Postal 

Service’s net losses that are largely 

outside of its direct and near-term 

control: (1) The increase in per-unit cost 

resulting from the decline in mail 

density for each fiscal year under 

subpart D of 39 CFR part 3030 of this 

chapter; and (2) the statutorily 

mandated amortization payments for 

particular retirement costs under 

subpart E of 39 CFR part 3030 of this 

chapter. See id. These principled 

adjustments to the price cap made by 

the Commission in Docket No. RM2017– 


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