[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51969-51972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13781]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of Lake Erie off Mentor Headlands Beach State Park, 
Mentor, Ohio. This action is necessary to provide offshore safety for 
motion picture production activity on the Mentor Headlands Beach from 
June 17 through June 18, and June 20 through June 21, 2024. Entry of 
persons and vessels into this safety zone is prohibited unless 
authorized by the Captain of the Port Sector Eastern Great Lakes or a 
designated representative.

DATES: This rule is effective June 21, 2024, with rain dates from June 
24 to June 28, 2024. For the purposes of enforcement, actual notice 
will be used from June 17, 2024, until June 21, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0396 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 about this rule, 
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
COTP Captain of the Port Sector Eastern Great Lakes
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
SNPRM Supplemental notice of proposed rulemaking
U.S.C. United States Code

II. Background Information and Regulatory History

    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 from June 24 through June 28, 
2024. The Captain of the Port Sector Eastern Great Lakes (COTP) has 
determined that a safety zone covering certain navigable waters of Lake 
Erie is needed to protect life and property during the S&K Productions' 
filming of project ``Genesis''.
    In response, on May 9, 2024, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Security Zone, Lake Erie, Mentor 
(Mentor Headlands), Ohio (89 FR 39576). There we stated why we issued 
the NPRM and invited comments on our proposed regulatory action related 
to the filming activities. During the comment period

[[Page 51970]]

that ended June 10, 2024, we received one comment.
    After the comment period ended, certain changes needed to be made 
to ensure the safety of life and property during the filming 
activities, namely, the Coast Guard found it necessary to redesignate 
this regulated area as a safety zone and increase the size of the zone. 
The Coast Guard is issuing this temporary rule without prior notice and 
opportunity to comment on these changes from the NPRM pursuant to 
authority under section 4(a) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule 
without prior notice and opportunity to comment when the agency for 
good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a supplemental notice of proposed rulemaking (SNPRM) with 
respect to this rule because it is impracticable. The filming is 
scheduled to start on June 17, 2024, and prompt action is needed to 
respond to the potential safety risks presented by the planned 
activities.
    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. The comment period for the NPRM 
associated with the filming activities ended on June 10, 2024, and the 
filming is scheduled to begin June 17, 2024. Thus, there is 
insufficient time to allow for 30 days before the rule becomes 
effective. Delaying the effective date of this rule would be 
impracticable because prompt action is needed to respond to the 
potential safety risks associated with the planned filming.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under its authority granted in 
46 U.S.C. 70034. The purpose of this rule is to ensure offshore safety 
of the film production personnel, sets, and equipment during production 
activity.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published May 
9, 2024, which stated that ``the Coast Guard should strongly consider 
whether regulating waterways is an appropriate use of resources.'' The 
Coast Guard is creating this safety zone on Lake Erie, which is a 
Federally navigable waterway, to ensure the safety of nearby 
recreational and commercial vessel traffic, as well as the film 
production activities ashore. Waterways management is a statutory 
mission of the United States Coast Guard under Congressionally mandated 
authorities as cited in the below regulatory text.
    There are changes in the regulatory text of this rule from the 
proposed rule in the NPRM:
    1. The Security Zone has been redesignated as a Safety Zone.
    2. The Safety Zone has been expanded to include certain waters of 
the Grand River.
    3. The Safety Zone enforcement time for June 20 and June 21 has 
been modified by one hour as outlined below.
    This rule establishes a safety zone from 6:30 a.m. through 7:30 
p.m. on June 17, 2024, from 6:30 a.m. through 7:30 p.m. on June 18, 
2024, from 1:30 p.m. through 2:30 a.m. on June 20, 2024, and from 1:30 
p.m. to 2:30 a.m. on 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. The duration of the zone is intended to 
ensure safety in Lake Erie offshore from the Mentor Headlands Beach 
State Park before, during, and after the scheduled film production. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time of day of the regulated area. This safety 
zone would restrict navigation through Lake Erie offshore of the Mentor 
Headlands Beach State Park and certain waters of the Grand River for 13 
hours each day, for 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 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 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this 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), 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

[[Page 51971]]

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.

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 a 
safety zone offshore of the Mentor Headlands State Park Beach and 
certain waters of the Grand River 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 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.

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 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
amending 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:


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

    (a) Location. The following area is a safety 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]45'15.7'' N, 081[deg]17'43.9'' W;
    (2) 41[deg]45'27.4'' N, 081[deg]17'57'' W;
    (3) 41[deg]46'26.9'' N, 081[deg]16'46.1'' W; and
    (4) 41[deg]45'38.8'' N, 081[deg]16'51.2'' W (NAD 83).
    (b) Definitions. For the purposes of this section, the following 
definitions apply:
    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 law 
enforcement officer designated by or assisting the Captain of the Port 
Sector Eastern Great Lakes (COTP) in the enforcement of the regulations 
in this section.
    Rain date means an alternate date and/or time in which the safety 
zone would be enforced in the event of inclement weather.
    Spectator means all persons and vessels not registered with the 
production company as participants or official patrol vessels.
    (c) Regulations. (1) The Coast Guard may patrol the safety zone 
area described in paragraph (a) of this section 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, federal, state, 
or local law enforcement and production company provided vessels 
designated or assigned by the COTP Sector Eastern Great Lakes, to 
patrol the safety 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 and 18, 2024, and from 1:30 p.m. 
through 2:30 a.m. on June 20 and 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.


[[Page 51972]]


    Dated: June 18, 2024.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-13781 Filed 6-20-24; 8:45 am]
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