[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Proposed Rules]
[Pages 39576-39578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10125]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Proposed 
Rules  

[[Page 39576]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0396]
RIN 1625-AA87


Security Zone, Lake Erie, Mentor (Mentor Headlands), Ohio

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary security 
zone for certain waters of Lake Erie off Mentor Headlands Beach State 
Park, Mentor, Ohio. This action is necessary to provide offshore 
security for motion picture production activity on the Mentor Headlands 
Beach from June 17 through June 18, and June 20 through June 21, 2024. 
This proposed rulemaking would prohibit persons and vessels from 
entering this security zone unless authorized by the Captain of the 
Port Sector Eastern Great Lakes or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 10, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0396 using the Federal Decision-Making 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact Cody Mayrer with the U.S. Coast Guard 
Marine Safety Unit Cleveland's Waterways Management Division; via 
telephone at 216-937-0111, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On February 27, 2024, S&K Productions notified the U.S. Coast Guard 
that it will be filming a motion picture on the Mentor Headlands Beach 
State Park in Mentor, Ohio from June 17 through June 18, and from June 
20 through June 21, 2024, with rain dates of June 24-28, 2024. The 
Captain of the Port Sector Eastern Great Lakes (COTP) has determined 
that a security zone covering certain navigable waters of Lake Erie is 
needed to protect life and property during the S&K Productions' filming 
of project ``Genesis''.
    The purpose of this rulemaking is to ensure offshore security of 
the film production personnel, sets, and equipment during production 
activity. The Coast Guard is proposing this rulemaking under its 
authority granted in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish the following security zone 
covering certain navigable waters of Lake Erie off the Mentor 
Headlands, Mentor, Ohio. The duration and location of this zone is 
intended to protect personnel, sets, and equipment during the S&K 
Productions' filming project. The zone may require enforcement beyond 
the stated times if the filming runs into unforeseen delays. Rain dates 
have been designated for June 24-28, 2024. No vessel or person would be 
permitted to enter the security zone listed directly below without 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.
    The boundary of the 500-yard offshore security zone from the Mentor 
Headlands Beach State Park forms a rectangle with the four corners of 
the polygon located in the following coordinates:
    (1) 41[deg]45'17'' N, 081[deg]17'41'' W;
    (2) 41[deg]45'27'' N, 081[deg]17'57'' W;
    (3) 41[deg]46'18'' N, 081[deg]17'02'' W; and
    (4) 41[deg]46'01'' N, 081[deg]16'49'' W (NAD 83).

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. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on is based on size, 
location, and duration of the proposed rule. These security zone would 
restrict navigation through Lake Erie offshore of the Mentor Headlands 
Beach State Park for 13 hours each day, for a total of four days. 52 
hours in all.

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 
security 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

[[Page 39577]]

jurisdiction qualifies as a small entity and that this proposed 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), we want to assist small 
entities in understanding this proposed rule. If the proposed 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 potential effects of 
this proposed 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 security 
zone offshore of the Mentor Headlands State Park Beach lasting 13 hours 
each day for a total of four days. Normally such actions are 
categorically excluded from further review under paragraph L60a 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0396 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 70124, 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0396 to read as follows:

[[Page 39578]]

Sec.  165.T09-0396  Security Zone; Mentor Headlands Beach, Mentor, 
Ohio.

    (a) Location. The following area is a security zone: Mentor, OH. 
All U.S. waters of Lake Erie out to 500-yards from the shoreline at 
Mentor Headlands Beach State Park within a rectangle of which the four 
corners of the polygon are located in the following positions:
    (1) 41[deg]45'17'' N, 081[deg]17'41'' W;
    (2) 41[deg]45'27'' N, 081[deg]17'57'' W;
    (3) 41[deg]46'18'' N, 081[deg]17'02'' W; and
    (4) 41[deg]46'01'' N, 081[deg]16'49'' W (NAD 83).
    (b) Definitions--(1) Official Patrol Vessel means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officer operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port Sector 
Eastern Great Lakes (COTP) in the enforcement of the regulations in 
this section.
    (2) Spectator means all persons and vessels not registered with the 
production company as participants or official patrol vessels.
    (3) Rain date refers to an alternate date and/or time in which the 
safety zone would be enforced in the event of inclement weather.
    (c) Regulations. (1) The Coast Guard may patrol the security zone 
area under the direction of a designated Coast Guard Patrol Commander. 
The Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) 
by the call sign ``PATCOM.''
    (2) All persons and vessels not registered with the production 
company or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state or local 
law enforcement and production company provided vessels designated or 
assigned by the COTP Sector Eastern Great Lakes, to patrol the security 
zone.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer and will be operated at a no wake speed in a 
manner which will not endanger anyone directly involved with the 
production or any other craft.
    (4) No spectator shall anchor, block, loiter, or impede the through 
transit of official patrol vessels in the regulated area during the 
effective dates and times, unless cleared for entry by or through an 
official patrol vessel.
    (5) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated areas 
specified in this chapter, but may not anchor in, block, or loiter in a 
navigable channel.
    (7) The Patrol Commander may terminate the filming or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life and/or property.
    (8) The Patrol Commander will terminate enforcement of the special 
regulations at the conclusion of the event.
    (d) Enforcement period. This section will be enforced from 6:30 
a.m. through 7:30 p.m. on June 17 through June 18, 2024, and from 2:30 
p.m. through 3:30 a.m. on June 20 through June 21, 2024. Rain dates 
have been identified as June 24-28, 2024. Times of enforcement should 
these rain dates be necessary will be advertised through Local Notice 
to Mariners and Broadcast Notice to Mariners.

    Dated: May 3, 2024.
S.M. Murray,
Commander, U.S. Coast Guard, Acting Captain of the Port Eastern Great 
Lakes.
[FR Doc. 2024-10125 Filed 5-8-24; 8:45 am]
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