Rule2025-11386
Type of Regulation; Wisconsin River, Wausau, WI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 20, 2025
Effective
June 27, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Wisconsin River, in Wausau, WI. This rule is necessary to protect personnel, vessels, and the marine environment from potential hazards associated during aircraft participating in the Wings Over Wausau Air Show. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Lake Michigan.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Rules and Regulations]
[Pages 26204-26206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11386]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0515]
RIN 1625-AA00
Type of Regulation; Wisconsin River, Wausau, WI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Wisconsin River, in Wausau, WI. This rule is
necessary to protect personnel, vessels, and the marine environment
from potential hazards associated during aircraft participating in the
Wings Over Wausau Air Show. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the
Port, Sector Lake Michigan.
DATES: This rule is effective daily from 5:30 p.m. through 7:30 p.m. on
June 27-28, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2025-0515 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
proposed rulemaking, call or email Chief Petty Officer Aaron Sunstrom,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 206-820-1927, email: <a href="/cdn-cgi/l/email-protection#387c0801156b757a156b7d7b7479737d75717b70717f7976156f6f75784d4b5b5f16555154"><span class="__cf_email__" data-cfemail="bffb8f8692ecf2fd92ecfafcf3fef4faf2f6fcf7f6f8fef192e8e8f2ffcaccdcd891d2d6d3">[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 Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because doing so would be
impracticable. The Captain of the Port (COTP) did not receive
information regarding the safety zone request until recently.
Therefore, there is insufficient time remaining before the event date
of June 27, 2025 to publish an NPRM, allow for a reasonable comment
period, and publish a final rule. Delaying the effective date of this
rule to wait for a comment period to run would be impracticable because
it would inhibit the Coast Guard's ability to protect participants,
mariners, and vessels from the hazards associated with this event.
Also, 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. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners, and vessels from the hazards associated with
this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port has determined that potential risks
associated with aircraft
[[Page 26205]]
participating in the Wings Over Wausau Air Show will be a safety
concern for personnel and vessels within the designated safety zone.
IV. Discussion of the Rule
This rule establishes a temporary safety zone daily from 5:30 p.m.
through 7:30 p.m. on June 27-28, 2025. The safety zone will cover all
navigable waters of the Wisconsin River. The duration of the zone is
intended to protect personnel and vessels in these navigable waters
while the aircraft are participating in the Wings Over Wausau Show. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the Captain of the Port 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.
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 regulatory action determination is based on characteristics of
the safety zone. The safety zone created by this rule will be
relatively small, is designed to minimize its impact on navigable
waters, and is not anticipated to exceed an additional 4 hours.
Furthermore, under certain conditions vessels may still transit through
the safety zone when permitted by the Captain of the Port of designated
representative.
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 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
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
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 will 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 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 lasting 4 hours that will prohibit entry into a relatively
small portion of the Wisconsin River. 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;
[[Page 26206]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.4.
0
2. Add Sec. 165.T09-0515 to read as follows:
Sec. 165.T09-0515 Safety Zone; Wisconsin River, Wausau, WI.
(a) Location. All navigable waters of the Wisconsin River, by an
area that is enclosed by a line connecting the following points:
starting at 44[deg]55.573' N, 089[deg]38.043' W; then southwest to
44[deg]55.465' N, 089[deg]38.215' W; then southeast to 44[deg]55.177'
N, 089[deg]37.989' W; then southeast to 44[deg]54.631' N,
089[deg]37.480' W; then northeast to 44[deg]54.869' N, 089[deg]35.864'
W; then northwest to 44[deg]55.122' N, 089[deg]37.115' W; then
returning to the point of origin.
(b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced daily from 5:30 p.m. through 7:30 p.m.
on June 27-28, 2025.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port (COTP)
Lake Michigan or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The designated representative of the COTP is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone described in paragraph (a) of this section must
contact the COTP or an on-scene representative to obtain permission to
do so. The COTP or an on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
COTP or an on-scene representative.
Dated: June 12, 2025.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2025-11386 Filed 6-18-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 20, 2025.
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