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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 63075 ■ 9. In § 100.135, revise paragraph (d) to (2) Hostile environment harassment. Dated: August 18, 2016. read as follows: Hostile environment harassment refers Gustavo Velasquez, to unwelcome conduct that is Assistant Secretary for Fair Housing and § 100.135 Unlawful practices in the selling, Equal Opportunity. brokering, or appraising of residential real sufficiently severe or pervasive as to property. interfere with: The availability, sale, [FR Doc. 2016–21868 Filed 9–13–16; 8:45 am] rental, or use or enjoyment of a * * * * * BILLING CODE 4210–67–P dwelling; the terms, conditions, or (d) Practices which are unlawful privileges of the sale or rental, or the under this section include, but are not limited to: provision or enjoyment of services or DEPARTMENT OF HOMELAND (1) Using an appraisal of residential facilities in connection therewith; or the SECURITY real property in connection with the availability, terms, or conditions of a Coast Guard sale, rental, or financing of any dwelling residential real estate-related where the person knows or reasonably transaction. Hostile environment 33 CFR Parts 100 and 165 should know that the appraisal harassment does not require a change in improperly takes into consideration the economic benefits, terms, or [Docket Number USCG–2015–0854] race, color, religion, sex, handicap, conditions of the dwelling or housing- familial status, or national origin. related services or facilities, or of the RIN 1625–AA00, AA08 residential real-estate transaction. (2) Conditioning the terms of an Special Local Regulations and Safety appraisal of residential real property in (i) Totality of the circumstances. Zones; Recurring Marine Events and connection with the sale, rental, or Whether hostile environment Fireworks Displays Within the Fifth financing of a dwelling on a person’s harassment exists depends upon the Coast Guard District response to harassment because of race, totality of the circumstances. color, religion, sex, handicap, familial (A) Factors to be considered to AGENCY: Coast Guard, DHS. status, or national origin. determine whether hostile environment ACTION: Final rule. ■ 10. In § 100.400, add paragraph (c)(6) harassment exists include, but are not SUMMARY: The Coast Guard is issuing a to read as follows: limited to, the nature of the conduct, the final rule that revises the list of special context in which the incident(s) § 100.400 Prohibited interference, coercion local regulations and safety zones occurred, the severity, scope, frequency, or intimidation. established for recurring marine events * * * * * duration, and location of the conduct, and fireworks displays that take place (c) * * * and the relationships of the persons within the Fifth Coast Guard District (6) Retaliating against any person involved. area of responsibility. This rule revises because that person reported a (B) Neither psychological nor physical the listing of events that informs the discriminatory housing practice to a harm must be demonstrated to prove public of regularly scheduled marine housing provider or other authority. that a hostile environment exists. parades, regattas, other organized water ■ 11. Add subpart H, consisting of Evidence of psychological or physical events, and fireworks displays that § 100.600, to read as follows: harm may, however, be relevant in require additional safety measures determining whether a hostile provided by regulations. Under this Subpart H— Quid Pro Quo and Hostile environment existed and, if so, the rule, the list of recurring marine events Environment Harassment amount of damages to which an requiring special local regulations or safety zones is updated with revisions, § 100.600 Quid pro quo and hostile aggrieved person may be entitled. environment harassment. (C) Whether unwelcome conduct is additional events, and removal of events sufficiently severe or pervasive as to that no longer take place in the Fifth (a) General. Quid pro quo and hostile Coast Guard District. When these environment harassment because of create a hostile environment is evaluated from the perspective of a regulations are enforced, certain race, color, religion, sex, familial status, restrictions are placed on marine traffic reasonable person in the aggrieved national origin or handicap may violate in specified areas. This rulemaking person’s position. sections 804, 805, 806 or 818 of the Act, project promotes efficiency by depending on the conduct. The same (ii) Title VII affirmative defense. The eliminating the need to produce a conduct may violate one or more of affirmative defense to an employer’s separate rule for each individual these provisions. vicarious liability for hostile recurring event, and serves to provide (1) Quid pro quo harassment. Quid environment harassment by a supervisor notice of the known recurring events pro quo harassment refers to an under Title VII of the Civil Rights Act requiring a special local regulation or unwelcome request or demand to of 1964 does not apply to cases brought safety zone throughout the year. engage in conduct where submission to pursuant to the Fair Housing Act. the request or demand, either explicitly DATES: This rule is effective October 14, or implicitly, is made a condition (b) Type of conduct. Harassment can 2016. related to: The sale, rental or availability be written, verbal, or other conduct, and ADDRESSES: To view documents of a dwelling; the terms, conditions, or does not require physical contact. mentioned in this preamble as being privileges of the sale or rental, or the (c) Number of incidents. A single available in the docket, go to http:// provision of services or facilities in incident of harassment because of race, www.regulations.gov, type USCG–2015– connection therewith; or the color, religion, sex, familial status, 0854 in the ‘‘SEARCH’’ box and click availability, terms, or conditions of a national origin, or handicap may ‘‘SEARCH’’. Click on Open Docket residential real estate-related constitute a discriminatory housing Folder on the line associated with this transaction. An unwelcome request or practice, where the incident is rule. demand may constitute quid pro quo sufficiently severe to create a hostile FOR FURTHER INFORMATION CONTACT: If harassment even if a person acquiesces environment, or evidences a quid pro you have questions about this in the unwelcome request or demand. quo. rulemaking, call or email Dennis Sens, VerDate Sep<11>2014 20:49 Sep 13, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\14SER1.SGM 14SER1 asabaliauskas on DSK3SPTVN1PROD with RULES 63076 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations Fifth Coast Guard District, Prevention these regulatory updates in a single sponsor, fireworks operator, fire Division, (757) 398–6204, rulemaking promotes administrative department, police department, [email protected]. efficiency and reduces costs involved in Authority Having Jurisdiction (AHJ), SUPPLEMENTARY INFORMATION: producing a separate rule for each and other appropriate entities. The individual recurring event. This action definition of ‘‘Authority Having I. Table of Abbreviations also provides the public with notice Jurisdiction (AHJ)’’ is in accordance CFR Code of Federal Regulations through publication in the Federal with NFPA 1123 which states, ‘‘The COTP Captain of the Port Register of future recurring marine organization, office, or individual DHS Department of Homeland Security events and fireworks displays and their responsible for approving equipment, FR Federal Register accompanying regulations, special local materials, an installation, or a NPRM Notice of proposed rulemaking regulations and safety zones. This rule § Section procedure.’’ It is incumbent upon the U.S.C. United States Code provides separate tables for each Coast event sponsor and or fireworks operator USCG United States Coast Guard Guard Sector within the Fifth Coast to consult with AHJ regarding fireworks Guard District. display boundaries for restricted areas II. Background Information and when seeking a fireworks permit. Under Regulatory History IV. Discussion of Comments, Changes, and the Rule this arrangement the fireworks operator The special local regulations listed in should provide a copy of the fireworks 33 CFR 100.501 and safety zones in 33 As noted above, we received one permit issued by the AHJ to the COTP CFR 165.506 were last amended on comment on the Interim final rule to confirm compliance with local April 16, 2015 (80 FR 20418). The Coast published April 22, 2016. The government regulations, ordinances and Guard published an interim final rule respondent comment addressed a NFPA codes. The safety guidance and request for comments on April 22, concern that ‘‘Any permits for provided in NAVIGATION AND 2016 (81 FR 23605). During the Fireworks Displays must have VESSEL INSPECTION CIRCULAR NO. comment period that ended July 21, boundaries set no closer than 500 yards 702, dated June 18, 2002 sets forth Coast 2016 we received one comment. from any fuel depot, shipyard, marina, Guard policy used by USCG Captains of cargo facility that handles hazardous or III. Legal Authority and Need for Rule the Port; this document may be viewed flammable cargo or any ‘‘facility’’ that in the docket. The Coast Guard issues this handles hazardous or flammable rulemaking under authority in 33 U.S.C. materials.’’ The commenter suggested Special Local Regulations that the
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