Federal Register - September 3, 2021
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Source: Federal Register
49476
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
the APA and the requirements of the RFA.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 29 CFR Part 1977
Coast Guard
Administrative practice and procedure, Employment, Investigations, Safety, Whistleblowing.
Docket Number USCG20210505
Authority and Signature
RIN 1625AA08
James S. Frederick, Acting Assistant Secretary for Occupational Safety and Health, authorized the preparation of this document under the authority granted by Secretarys Order 082020
May 15, 2020.
Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD
Signed at Washington, DC.
James S. Frederick, Acting Assistant Secretary for Occupational Safety and Health.
SUMMARY:
For the reasons stated in the preamble, OSHA amends part 1977 of chapter XVII of title 29 as follows:
PART 1977AMENDED
1. Revise the authority citation for part 1977 to read as follows:
Authority: 29 U.S.C. 657, 660; 5 U.S.C.
553; and Secretary of Labors Order No. 08
2020 85 FR 58393, 983 48 FR 35736, or 1271 36 FR 8754, as applicable.
2. In 1977.6, revise paragraph b to read as follows:
1977.6 Unprotected activities distinguished.
b At the same time, to establish a violation of section 11c, the employees engagement in protected activity need not be the sole or primary consideration behind discharge or other adverse action. If the discharge or other adverse action would not have taken place but for engagement in protected activity, section 11c has been violated.
See Bostock v. Clay County, Ga., 140 S
Ct. 1731, 1739 2020; Univ. of Tex. Sw.
Med. Ctr. v. Nassar, 570 U.S. 338 2013.
Ultimately, the issue as to whether a discharge or other adverse action was because of protected activity will have to be determined on the basis of the facts in the particular case.
FR Doc. 202119071 Filed 9221; 8:45 am BILLING CODE 451026P
lotter on DSK11XQN23PROD with RULES1
33 CFR Part 100
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is establishing a temporary special local regulation for certain waters of the Chesapeake Bay. This action is necessary to provide for the safety of life on these navigable waters located between Sandy Point, Anne Arundel County, MD, and Kent Island, Queen Annes County, MD, during a paddling event on September 26, 2021. This regulation prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland-National Capital Region or the Coast Guard Event Patrol Commander.
DATES: This rule is effective from 7 a.m.
to 1 p.m. on September 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0505 in the SEARCH box and click SEARCH. Next, in the Document Type column, select Supporting &
Related Material.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region; telephone 4105762674, email D05-DG-SectorMD-NCR-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander Section U.S.C. United States Code
II. Background Information and Regulatory History ABC Events, Inc. of Arnold, MD, notified the Coast Guard that from 8
a.m. to noon on September 26, 2021, it will be conducting the Bay Bridge Paddle on the Chesapeake Bay, under and between the north and south
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bridges that consist of the William P.
Lane, Jr. US50/301 Memorial Bridges, located between Sandy Point, Anne Arundel County, MD and Kent Island, Queen Annes County, MD. In response, on July 15, 2021, the Coast Guard published a notice of proposed rulemaking NPRM titled Special Local Regulation; Chesapeake Bay, Between Sandy Point and Kent Island, MD 86 FR 37270. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this paddle racing event. During the comment period that ended August 16, 2021, we received no comments.
Under 5 U.S.C. 553d3, the Coast Guard finds that good cause exists for making this rule effective less than 30
days after publication in the Federal Register. Due to the date of the event, it would be impracticable to make the regulation effective 30 days after publication in the Federal Register.
Delaying the effective date date of this rule would be impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the Bay Bridge Paddle event.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041. The Captain of the Port Maryland-National Capital Region COTP has determined that potential hazards associated with the paddle races will be a safety concern for anyone intending to participate in this event or for vessels that operate within specified waters of the Chesapeake Bay between Sandy Point and Kent Island, MD. These hazards include numerous event participants crossing designated navigation channels and interfering with vessels operating within those channels, as well as operating within approaches to the Sandy Point State Park public boat launch facility and marina. The purpose of this rule is to protect event participants, non-participants and transiting vessels before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published July 15, 2021. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes special local regulations from 7 a.m. to 1 p.m. on September 26, 2021. The regulated area will cover all navigable waters of the Chesapeake Bay, adjacent to the
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