1402 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2024–0628] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Osprey, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the operating schedule that 

governs the Blackburn Point Bridge 

across the Gulf Intracoastal Waterway 

(GICW), mile 63.1, at Osprey, FL. The 

Casey Key Association has requested the 

Coast Guard consider changing the 

operating schedule to reduce 

drawbridge openings during the 

weekday peak traffic periods to assist 

with alleviating roadway congestion. 

We invite your comments on this 

proposed rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

February 7, 2025. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–0628 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for 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 on this proposed 

rule, call or email Ms. Jennifer Zercher, 

Bridge Management Specialist, Seventh 

Coast Guard District; telephone 571– 

607–5951, email Jennifer.N.Zercher@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

TD Temporary Deviation 

FL Florida 

GICW Gulf Intracoastal Waterway 

II. Background, Purpose and Legal 

Basis 

Blackburn Point Bridge across the 

GICW, mile 63.1, at Osprey, FL, is a 

swing bridge with a 9-foot vertical 

clearance above mean high water when 

in the closed position. The existing 

regulation requires the bridge to open 

on demand any time a vessel requests 

an opening. The current regulation can 

be found in 33 CFR 117.5. 

On August 6, 2024, the Coast Guard 

published a temporary deviation 

entitled ‘‘Drawbridge Operation 

Regulation; Gulf Intracoastal Waterway, 

Osprey, FL’’ in the Federal Register (89 

FR 63815). That temporary deviation, 

effective from 7 a.m. on August 12, 

2024, through 7 p.m. on January 31, 

2025, allows Blackburn Point Bridge to 

operate with restricted, scheduled 

openings at peak traffic times during 

weekdays and operate on demand at all 

other times. This temporary deviation 

was authorized to test the impact of 

restricted opening on vessels and 

roadway traffic. The comment period for 

this temporary deviation ended 

September 20, 2024, with three 

comments received. 

The three comments received voiced 

concerns related to the proposed 

change. The first commentor stated that 

when the swing bridge was placed on a 

modified schedule last year to conduct 

emergency repairs, it caused unsafe 

conditions for vessels due to the number 

of waterway users and the restrictive 

nature of the waterway at the swing 

bridge. The modified schedule which 

the commentor was referring, was 

different than the currently proposed 

schedule. The previous modifications 

placed the swing bridge on a twice an 

hour opening schedule every day of the 

week, including the weekend. This 

proposed rule would allow mariners to 

request an opening three times an hour 

at designated times Monday through 

Friday during peak rush hours and 

would operate on demand all other 

times. The Coast Guard feels this 

purposed rule would allow for safe 

navigation while assisting with 

alleviating roadway congestion. The 

commentor also stated that roadway 

congestion is due to the bridge being a 

single-lane roadway passage which 

causes a pinch-point, and suggested the 

county consider widening or replacing 

the bridge. Sarasota County is 

considering replacing the swing bridge, 

but changes to the physical structure of 

the bridge are outside the scope of this 

rulemaking. 

The second commentor stated the 

proposed opening schedule provides no 

real relief to roadway traffic because it 

takes about ten minutes for the bridge to 

cycle. The Coast Guard has reviewed 

bridge logs. When one or two vessels are 

passing, the average opening time is five 

to seven minutes. When three or more 

vessels pass the average opening times 

is eight to twelve minutes. The Coast 

Guard has not received information 

supporting the statement the proposed 

schedule would not provide relief to 

roadway traffic. To the contrary, the 

county stated the proposed schedule is 

assisting with alleviating roadway 

congestion. 

The last commentor stated the swing 

bridge should remain required to open 

on demand because tidal movement and 

shallow water makes it dangerous to 

hold station while waiting on an 

opening. Again, this proposed rule 

would allow mariners to request an 

opening three times an hour at 

designated times Monday through 

Friday during peak rush hours and 

would operate on demand all other 

times. The Coast Guard feels this allows 

for safe navigation while assisting with 

alleviating roadway congestion. 

This NPRM will be open for public 

comment simultaneously with a Test 

Deviation under the same name and 

docket number. Both documents can be 

found at https://www.regulations.gov 

and comments can be made to either 

document. 

III. Discussion of Proposed Rule 

The current operating schedule allows 

the Blackburn Point Bridge to open on 

demand for marine traffic. Under this 

proposed rule, the swing bridge will 

open at the top of the hour, 20 minutes 

past the hour and 40 minutes past the 

hour, Monday through Friday between 

the hours of 7 a.m. and 7 p.m. At all 

other times the swing bridge will open 

on demand. This will assist with 

alleviating roadway congestion during 

the weekday and allow for on demand 

openings in the evenings and weekends. 

Vessels that can pass beneath the bridge 

without an opening may do so at any 

time. Emergency vessels and tugs with 

tows can still request an opening at any 

time. 

This proposed rule would add one 

new special requirement to section 

117.287 for the Gulf Intracoastal 

Waterway, the Blackburn Point Bridge 

at Osprey, FL. Additionally, this 

proposed rule will republish section 

117.287 to reorganize the paragraph 

structure to follow current regulatory 

drafting requirements. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 


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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Proposed Rules 1403 

Below we summarize our analyses 

based on 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 proposed 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, the NPRM has 

not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge during the 

designated times and vessels able to 

pass without an opening may do so at 

any time. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 bridge 

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 

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 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 contact 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 call for no 

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 contact 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 will not result in such an 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 proposed 

rule promulgates the operating 

regulations or procedures for 

drawbridges. Normally such actions are 

categorically excluded from further 

review, under paragraph L49, of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 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 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0628 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 your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document 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 go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted, or a final rule is 

published of any posting or updates to 

the docket. 


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1404 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Proposed Rules 

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 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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1. Revision 

No. 01.3 

■ 2. Revise and republish § 117.287 to 

read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

Public vessels of the United States 

and tugs with tows must be passed 

through the drawspan of each 

drawbridge listed in this section at 

anytime. 

(a) The draw of the Boca Grande 

Swingbridge, mile 34.3, shall open on 

signal; except that, from 7 a.m. to 6 

p.m., Monday through Friday, except 

Federal holidays, the draw need open 

only on the hour and half hour. On 

Saturday, Sunday and Federal holidays, 

from 7 a.m. to 6 p.m., the draw need 

open only on the hour, quarter hour, 

half hour and three quarter hour. 

(b) The draw of the Venice Avenue 

bridge, mile 56.6 at Venice, shall open 

on signal, except that from 7 a.m. to 4:30 

p.m., Monday through Friday except 

Federal holidays, the draw need open 

only at 10 minutes after the hour, 30 

minutes after the hour and 50 minutes 

after the hour and except between 4:35 

p.m. and 5:35 p.m. when the draw need 

not open. 

(c) The draw of the Hatchett Creek 

(US–41) bridge, mile 56.9 at Venice, 

shall open on signal, except that, from 

7 a.m. to 4:20 p.m., Monday through 

Friday except Federal holidays, the 

draw need open only on the hour, 20 

minutes after the hour, and 40 minutes 

after the hour and except between 4:25 

p.m. and 5:25 p.m. when the draw need 

not open. On Saturdays, Sundays, and 

Federal holidays from 7:30 a.m. to 6 

p.m. the draw need open only on the 

hour, quarter-hour, half-hour, and three 

quarter-hour. This bridge need not open 

to navigation on the second Sunday of 

November annually, from 9 a.m. to 5 

p.m., to facilitate the Iron Man Triathlon 

event. 

(d) The Blackburn Point Bridge, mile 

63.1, at Osprey, Florida shall open on 

signal; except that from 7 a.m. to 7 p.m., 

Monday through Friday, except Federal 

holidays, the draw need only open on 

the hour, 20 minutes after the hour, and 

40 minutes after the hour. 

(e) The Stickney Point Bridge, mile 

68.6, at South Sarasota, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the hour and half hour. 

(f) The Siesta Drive Bridge, mile 71.6, 

at Sarasota, Florida shall open on signal, 

except that from 6 a.m. to 7 p.m. daily, 

the draw need only open on the hour 

and half hour. 

(g) The draw of the Cortez (SR 684) 

Bridge, mile 87.4, at Bradenton Beach, 

Florida shall open on signal, except that 

from 6 a.m. to 7 p.m. daily, the draw 

need only open on the quarter hour and 

three quarter hour. 

(h) The draw of the Anna Maria (SR 

64) (Manatee Avenue West) Bridge, mile 

89.2, at Bradenton Beach, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the quarter hour and three quarter 

hour. 

(i) The draw of the Corey Causeway 

(SR693) bridge, mile 117.7 at South 

Pasadena, shall open on signal; except 

that, from 8 a.m. to 7 p.m. Monday 

through Friday, and 10 a.m. to 7 p.m. 

Saturdays, Sundays, and Federal 

holidays, the draw need be opened only 

on the hour, 20 minutes after the hour, 

and 40 minutes after the hour. 

(j) The draw of the Treasure Island 

Causeway bridge, mile 119.0 shall open 

on signal except that from 7 a.m. to 7 

p.m. the draw need open on the hour, 

20 minutes after the hour and 40 

minutes after the hour Monday through 

Friday and on the quarter hour and 

three quarter hour on Saturday, Sunday 

and Federal holidays. 

(k) The draw of the Welch Causeway 

(SR 699) Bridge, Gulf Intracoastal 

Waterway mile 122.8, at Madeira Beach, 

Florida, shall open on signal; except 

that, from 7 a.m. to 7 p.m. daily, except 

Federal holidays, the draw need only 

open on the hour and half hour. 

Dated: December 20, 2024. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2024–31328 Filed 1–7–25; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

OFFICE OF FEDERAL PROCUREMENT 

POLICY 

48 CFR Parts 1, 2, 12, 22, and 52 

[FAR Case 2023–021; Docket No. FAR– 

2023–0021; Sequence No. 1] 

RIN 9000–AO69 

Office of Federal Procurement Policy; 

Federal Acquisition Regulation: Pay 

Equity and Transparency in Federal 

Contracting 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

National Aeronautics and Space 

Administration (NASA), and Office of 

Federal Procurement Policy (OFPP). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: DoD, GSA, and NASA are 

withdrawing the proposed rule to 

amend the Federal Acquisition 

Regulation (FAR) titled: Pay Equity and 

Transparency in Federal Contracting. 

The Administrator for Federal 

Procurement Policy (OFPP 

Administrator) is simultaneously 

withdrawing a proposed Governmentwide policy, upon which the proposed 

rule was based. 

DATES: The proposed rule published on 

January 30, 2024, at 89 FR 5843 is 

withdrawn as of January 8, 2025. 

FOR FURTHER INFORMATION CONTACT: FAR 

Policy, at 202–969–4075 or farpolicy@

gsa.gov. Please cite ‘‘FAR Case 2023– 

021’’. 

SUPPLEMENTARY INFORMATION: On 

January 30, 2024, the OFPP 

Administrator issued a proposed 

Government-wide procurement policy 

that would: (1) prohibit contractors and 

subcontractors from seeking and 

considering information about job 

applicants’ compensation history when 

making employment decisions about 

personnel working on or in connection 

with a Government contract; and (2) 

require contractors and subcontractors 

to disclose, in all advertisements for job 


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