Proposed Rule2025-05993
Safety Zone; Milwaukee Air and Water Show, Milwaukee, WI
Primary source
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Published
April 8, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend 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 of McKinley Park and Bradford Beach, during this recurring event on the third weekend in July. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Lake Michigan or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 66 (Tuesday, April 8, 2025)</title>
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[Federal Register Volume 90, Number 66 (Tuesday, April 8, 2025)]
[Proposed Rules]
[Pages 15127-15129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05993]
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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, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend 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 of McKinley Park and Bradford Beach, during this recurring
event on the third weekend in July. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Sector Lake Michigan or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard by May 8, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0270 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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, call or email LCDR Jessica Anderson, Sector Lake
Michigan Waterways Management Division, U.S. Coast Guard; telephone
414-747-7182, email <a href="/cdn-cgi/l/email-protection#18527d6b6b717b7936483659767c7d6a6b7776586d6b7b7f36757174"><span class="__cf_email__" data-cfemail="aee4cbddddc7cdcf80fe80efc0cacbdcddc1c0eedbddcdc980c3c7c2">[email protected]</span></a>.
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
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 Sector
Lake Michigan (COTP) has determined that, due to the repetitive
requests, it is 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.
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 would
require expanding the enforcement period to include four days. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to revise 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 a.m. to 5 p.m. The safety zone would continue to cover
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 is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled Milwaukee Air and Water Show. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.
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.
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.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
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 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.
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 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.
If you think that your business, organization, or governmental
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
[[Page 15128]]
qualifies and how and to what degree this rulemaking 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 expanding
a long-standing safety zone from three days to four days. Normally such
actions are 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 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.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0270 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 set out in the preamble, the Coast Guard proposes
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. 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.
* * * * *
[[Page 15129]]
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 Show.... Milwaukee, WI. All waters of Lake Michigan in 4 days--Third weekend
the vicinity of McKinley Park and Bradford in July; 8 a.m. to 5
Beach located within an area that is p.m.
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.
Dated: March 26, 2025.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Lake
Michigan.
[FR Doc. 2025-05993 Filed 4-7-25; 8:45 am]
BILLING CODE 9110-04-P
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