[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Rules and Regulations]
[Pages 27238-27241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11839]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0270]
RIN 1625-AA00
Safety Zone; Milwaukee Air and Water Show, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending a published safety zone for
certain waters of Lake Michigan encompassing the Milwaukee Air and
Water Show to include an additional day. This action is necessary to
provide for the safety of life on these navigable waters in the
vicinity
[[Page 27239]]
of McKinley Park and Bradford Beach, during this recurring event on the
third weekend in July. This rulemaking prohibits persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port Sector Lake Michigan or a designated representative.
DATES: This rule is effective July 28, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0270 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,
call or email LCDR Jessica Anderson, Sector Lake Michigan Waterways
Management Division, U.S. Coast Guard; telephone 414-747-7182, email
[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 Information and Regulatory History
The Milwaukee Air and Water Show is a long-standing event that has
occurred for 14 years. During that time, there have been numerous
requests to establish a safety zone for four days in duration, rather
than the three days currently enforced. The Captain of the Port (COTP)
Sector Lake Michigan determined that, due to the repetitive requests,
it was pertinent to revise the current safety zone in 33 CFR 165.929,
table 4 to Sec. 165.929, line No. 29 for the Milwaukee Air and Water
Show to add a fourth day for the event.
In response, on April, 8, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Milwaukee Air and
Water Show, Milwaukee, WI.\1\ There we stated why we issued the NPRM
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended May 8, 2025, we
received 4 comments, all in support of the additional day for enhanced
safety.
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\1\ 90 FR 15127.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The COTP Sector Lake Michigan determined that potential
hazards were associated with the previously established safety zone in
33 CFR 165.929, table 4 to Sec. 165.929, line No. 29 for the Milwaukee
Air and Water Show that could be addressed through an additional day.
The purpose of this rulemaking is to ensure the safety of vessels and
the navigable waters within an area approximately 5,000-yards by 1,500-
yards before, during, and after the scheduled event, which required
expanding the enforcement period to include four days.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 4 comments on our NPRM published April
8, 2025. All comments were in support of the proposed amendment. There
are no changes in the regulatory text of this rule from the proposed
rule in the NPRM.
This rule amended an established safety zone in 33 CFR 165.929,
table 4 to Sec. 165.929, line No. 29 for the Milwaukee Air and Water
Show by adding a fourth day to the event. The Milwaukee Air and Water
Show event is a recurring event held on the third weekend in July from
8:00 a.m. to 5 p.m. The safety zone covers all navigable waters of Lake
Michigan in the vicinity of McKinley Park and Bradford Beach located
within an area that is approximately 5,000 yards by 1,500 yards. The
expanded duration of the zone ensures the safety of vessels and these
navigable waters before, during, and after the scheduled Milwaukee Air
and Water Show. No vessel or person is 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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 14192 (Unleashing
Prosperity Through Deregulation) directs agencies to significantly
reduce the private expenditures required to comply with Federal
regulations and provides that ``any new incremental costs associated
with new regulations shall, to the extent permitted by law, be offset
by the elimination of existing costs associated with at least 10 prior
regulations.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This rule is not an Executive Order 14192 regulatory action because
this rule is not significant under Executive Order 12866. See OMB
Memorandum M-25-20, ``Guidance Implementing Section 3 of Executive
Order 14192, titled `Unleashing Prosperity Through Deregulation' ''
(Mar. 26, 2025).
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. This
regulatory action determination is based on the previous rulemaking and
the additional day not substantially altering the previous regulation.
Additionally, prior events have included temporary final rules to
encompass the four-day timeframe.
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.
This regulatory action determination is based on the size,
location, and duration of the safety zone. The regulation will be in
effect only during the event listed in this regulation for which the
COTP has determined pose risks to the safety of life and property for
the maritime public and event participants. The size, location, and
duration of the regulation will be limited to the extent necessary to
minimize these risks. Moreover, the COTP will make advance notice of
the
[[Page 27240]]
enforcement of the regulation through the Local Notice to Mariners and/
or Broadcast Notice to Mariners. This regulation also provides a means
for anyone needing to transit through or within the safety zone to seek
permission from the COTP.
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.
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
expanding a long-standing safety zone from three days to four days. It
is categorically excluded from further review under paragraph L60(a) 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.
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 amends
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. In Sec. 165.929, amend table 4, by revising item 29 to read as
follows:
Sec. 165.929 Safety Zones; annual events requiring safety zones in
the Captain of the Port Lake Michigan Zone.
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Table 4 to Sec. 165.929--Safety Zones in the State of Wisconsin
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Event Location \1\ Enforcement date \2\
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* * * * * * *
(29) Milwaukee Air And Water Showe...... Milwaukee, WI. All waters of Lake Michigan 4 days--Third weekend in
in the vicinity of McKinley Park and July; 8 a.m. to 5 p.m.
Bradford Beach located within an area
that is approximately 5,000 yards by
1,500 yards. The area will be bounded by
the points beginning at 43[deg]02.455' N,
087[deg]52.880' W; then southeast to
43[deg]02.230' N, 087[deg]52.061' W; then
northeast to 43[deg]04.451' N,
087[deg]50.503' W; then northwest to
43[deg]04.738' N, 087[deg]51.445' W; then
southwest to 43[deg]02.848' N,
087[deg]52.772' W; then returning to the
point of origin.
* * * * * * *
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\1\ All coordinates listed in Table 4 of this section reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety
zones are subject to change.
[[Page 27241]]
Dated: June 10, 2025.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2025-11839 Filed 6-25-25; 8:45 am]
BILLING CODE 9110-04-P