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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Proposed Rules]
[Pages 1402-1404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31328]

[[Page 1402]]

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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.

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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 
[email protected].

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)
Sec.  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.

[[Page 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.

[[Page 1404]]

    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

0
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

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2. Revise and republish Sec.  117.287 to read as follows:

Sec.  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
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