49476 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

the APA and the requirements of the 

RFA. 

List of Subjects in 29 CFR Part 1977 

Administrative practice and 

procedure, Employment, Investigations, 

Safety, Whistleblowing. 

Authority and Signature 

James S. Frederick, Acting Assistant 

Secretary for Occupational Safety and 

Health, authorized the preparation of 

this document under the authority 

granted by Secretary’s Order 08–2020 

(May 15, 2020). 

Signed at Washington, DC. 

James S. Frederick, 

Acting Assistant Secretary for Occupational 

Safety and Health. 

For the reasons stated in the 

preamble, OSHA amends part 1977 of 

chapter XVII of title 29 as follows: 

PART 1977—[AMENDED] 

■ 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 Labor’s Order No. 08– 

2020 (85 FR 58393), 9–83 (48 FR 35736), or 

12–71 (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 11(c), the 

employee’s 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 11(c) 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. 2021–19071 Filed 9–2–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0505] 

RIN 1625–AA08 

Special Local Regulation; Chesapeake 

Bay, Between Sandy Point and Kent 

Island, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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 

Anne’s 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 USCG–2021– 

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 410–576–2674, 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 

bridges that consist of the William P. 

Lane, Jr. (US–50/301) Memorial Bridges, 

located between Sandy Point, Anne 

Arundel County, MD and Kent Island, 

Queen Anne’s 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. 553(d)(3), 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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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49477 

shoreline at Sandy Point State Park and 

between and adjacent to the spans of the 

William P. Lane Jr. Memorial Bridges, 

from shoreline to shoreline, bounded to 

the north by a line drawn from the 

western shoreline at latitude 

39°01′05.23′′ N, longitude 076°23′47.93′′ 

W; thence eastward to latitude 

39°01′02.08′′ N, longitude 076°22′40.24′′ 

W; thence southeastward to eastern 

shoreline at latitude 38°59′13.70′′ N, 

longitude 076°19′58.40′′ W; and 

bounded to the south by a line drawn 

parallel and 500 yards south of the 

south bridge span that originates from 

the western shoreline at latitude 

39°00′17.08′′ N, longitude 076°24′28.36′′ 

W; thence southward to latitude 

38°59′38.36′′ N, longitude 076°23′59.67′′ 

W; thence eastward to latitude 

38°59′26.93′′ N, longitude 076°23′25.53′′ 

W; thence eastward to the eastern 

shoreline at latitude 38°58′40.32′′ N, 

longitude 076°20′10.45′′ W, located 

between Sandy Point and Kent Island, 

MD. 

The duration of the special local 

regulations and size of the regulated 

area are intended to ensure the safety of 

life on these navigable waters before, 

during, and after the paddle races, 

scheduled from 8 a.m. to noon on 

September 26, 2021. The COTP and the 

Coast Guard Event PATCOM will have 

authority to forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area will be required to 

immediately comply with the directions 

given by the COTP or Event PATCOM. 

If a person or vessel fails to follow such 

directions, the Coast Guard may expel 

them from the area, issue them a 

citation for failure to comply, or both. 

Except for Bay Bridge Paddle 

participants and vessels already at 

berth, a vessel or person will be 

required to get permission from the 

COTP or Event PATCOM before 

entering the regulated area. Vessel 

operators will be able to request 

permission to enter and transit through 

the regulated area by contacting the 

Event PATCOM on VHF–FM channel 

16. Vessel traffic will be able to safely 

transit the regulated area once the Event 

PATCOM deems it safe to do so. A 

vessel within the regulated area must 

operate at safe speed that minimizes 

wake. A person or vessel not registered 

with the event sponsor as a participant 

or assigned as official patrols will be 

considered a non-participant. Official 

patrols are any vessel assigned or 

approved by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

will be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. Official 

patrols enforcing this regulated area can 

be contacted on VHF–FM channel 16 

and channel 22A. 

V. Regulatory Analyses 

We developed this 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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size and duration of the 

regulated area, which will impact a 

small designated area of the Chesapeake 

Bay for 6 hours. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

status of the regulated area. Moreover, 

the rule will allow vessels to seek 

permission to enter the regulated area, 

and vessel traffic will be able to safely 

transit the regulated area once the Event 

PATCOM deems it safe to do so. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the regulated 

area may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this 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. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will 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 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 rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 


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49478 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this 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 

determined 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 rule involves 

implementation of regulations within 33 

CFR part 100 applicable to organized 

marine events on the navigable waters 

of the United States that could 

negatively impact the safety of 

waterway users and shore side activities 

in the event area for 6 hours. It is 

categorically excluded from further 

review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Memorandum for the Record supporting 

this determination is available in the 

docket. For instructions on locating the 

docket, see the ADDRESSES section of 

this preamble. 

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. 

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 amends 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.T05–0505 to read as 

follows: 

§ 100.T05–0505 Bay Bridge Paddle, 

Chesapeake Bay, Between Sandy Point and 

Kent Island, MD. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters of the Chesapeake 

Bay, adjacent to the shoreline at Sandy 

Point State Park and between and 

adjacent to the spans of the William P. 

Lane Jr. Memorial Bridges, from 

shoreline to shoreline, bounded to the 

north by a line drawn from the western 

shoreline at latitude 39°01′05.23′′ N, 

longitude 076°23′47.93′′ W; thence 

eastward to latitude 39°01′02.08′′ N, 

longitude 076°22′40.24′′ W; thence 

southeastward to eastern shoreline at 

latitude 38°59′13.70′′ N, longitude 

076°19′58.40′′ W; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N, 

longitude 076°24′28.36′′ W; thence 

southward to latitude 38°59′38.36′′ N, 

longitude 076°23′59.67′′ W; thence 

eastward to latitude 38°59′26.93′′ N, 

longitude 076°23′25.53′′ W; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N, longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. The 

coordinates are based on datum NAD 

1983. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Coast Guard Event Patrol Commander 

(Event PATCOM) means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard who has been 

designated by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the ‘‘Bay 

Bridge Paddle’’ event, or otherwise 

designated by the event sponsor as 

having a function tied to the event. 

(c) Special local regulations. (1) 

Except for participants and vessels 

already at berth, all non-participants are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area described in 

paragraph (a) of this section unless 

authorized by the COTP MarylandNational Capital Region or Event 

PATCOM. 

(2) To seek permission to enter, 

contact the COTP Maryland-National 

Capital Region at telephone number 

410–576–2693 or on Marine Band 

Radio, VHF–FM channel 16 (156.8 

MHz) or the Event PATCOM on Marine 

Band Radio, VHF–FM channel 16 (156.8 

MHz). Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP 

Maryland-National Capital Region or 

Event PATCOM. 

(3) Official patrols will direct nonparticipants while within the regulated 

area. Official patrols enforcing the 

regulated area can be contacted on 

VHF–FM channel 16 and channel 22A. 

(4) The COTP Maryland-National 

Capital Region will provide notice of the 

regulated area through advanced notice 

via Fifth Coast Guard District Local 

Notice to Mariners, broadcast notice to 

mariners, and on-scene official patrols. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7 a.m. to 1 p.m. 

on September 26, 2021. 

Dated: August 30, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–19102 Filed 9–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 600 

[Docket ID ED–2018–OPE–0076] 

RIN 1840–AD38 

Distance Education and Innovation; 

Correction 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Correcting amendments. 

SUMMARY: On September 2, 2020, the 

Department of Education (Department) 

published in the Federal Register a final 


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