Rule2025-05778
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Osprey, FL
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
April 4, 2025
Effective
May 5, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is changing the operating schedule that governs the Blackburn Point Bridge across the Gulf Intracoastal Waterway (GICW), mile 63.1, at Osprey, FL. The Case 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.
Full Text
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<title>Federal Register, Volume 90 Issue 64 (Friday, April 4, 2025)</title>
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[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Rules and Regulations]
[Pages 14726-14728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05778]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Blackburn Point Bridge across the Gulf Intracoastal
Waterway (GICW), mile 63.1, at Osprey, FL. The Case 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.
DATES: This rule is effective May 5, 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 the
docket number (USCG-2024-0628) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email mail Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone 571-607-5951, email
<a href="/cdn-cgi/l/email-protection#ace6c9c2c2c5cac9de82e282f6c9decfc4c9deecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="eda7888383848b889fc3a3c3b7889f8e85889fad989e8e8ac3808481">[email protected]</span></a>.
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 Information and Regulatory History
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). The temporary
deviation, effective from 7 a.m. on August 12, 2024, through 7 p.m. on
January 31, 2025, allowed the Blackburn Point Bridge to operate with
restricted, scheduled openings at peak traffic times during weekdays
and operate on demand at all other times. The temporary deviation was
authorized to test the impact of restricted opening on vessels and
roadway traffic. The comment period for the temporary deviation ended
September 20, 2024, with three comments received. Those comments were
addressed in the notice of proposed rulemaking (NPRM) discussed next.
On January 8, 2025, the Coast Guard published an NPRM entitled
``Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Osprey,
FL'' in the Federal Register (90 FR 1402). There we stated why we
issued the NPRM and invited comments on our proposed regulatory action
related to this regulatory change. During the comment period that ended
February 7, 2025, we received one comment, and that comment is
addressed in section IV of this final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 general drawbridge
regulation requires the bridge to open on demand any time a vessel
requests an opening. The general drawbridge opening regulation can be
found in 33 CFR 117.5.
The Coast Guard received a request from the Casey Key Association
to consider changing the operating schedule for the Blackburn Point
Bridge by allowing the drawbridge scheduled openings instead of on
demand openings. This request was made to assist with vehicle
congestion during the weekday daylight hours.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days, and one
comment was received. The comment received stated that bridges in
general, should not impede navigation any time. The default operating
regulation for moveable bridges across navigable waters of the United
States is to open on demand. Coast Guard policy is to minimize the
impact of drawbridge operations on waterway traffic, while considering
the needs of other modes of transportation. The test deviation has
determined that by allowing the bridge to open at designated times has
provided vehicle congestion relief while not having an unreasonable
impact on navigation.
The current operating schedule allows the Blackburn Point Bridge to
open on demand for marine traffic. Under this 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. if a vessel request an opening for safe navigation. At
all other times the swing bridge will open on demand. 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 rule adds one new special requirement to Sec. 117.287 for the
Gulf Intracoastal Waterway, the Blackburn Point Bridge at Osprey, FL.
Additionally, this rule will republish Sec. 117.287 to reorganize the
paragraph structure to follow current regulatory drafting requirements.
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 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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, it has not been reviewed
[[Page 14727]]
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 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
bridge 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 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.
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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
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
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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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.
0
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 any time.
(a) The Boca Grande Swing Bridge, mile 34.3, at Placida, Florida
shall open on signal; except that, from 7 a.m. to 6 p.m., Monday
through Friday, except Federal holidays, the draw need only open on the
hour and half hour. On Saturday, Sunday and Federal holidays, from 7
a.m. to 6 p.m., the draw need only open on the hour, quarter hour, half
hour and three-quarter hour.
(b) The Venice Avenue Bridge, mile 56.6, at Venice, Florida shall
open on signal, except that from 7 a.m. to 4:30 p.m., Monday through
Friday except Federal holidays, the draw need only open 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 Hatchett Creek (US-41) Bridge, mile 56.9, at Venice,
Florida shall open on signal, except that, from 7 a.m. to 4:20 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
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 only open 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.
[[Page 14728]]
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 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 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 Corey Causeway (SR693) Bridge, mile 117.7, at South
Pasadena, Florida 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 only open on the hour, 20 minutes
after the hour, and 40 minutes after the hour.
(j) The Treasure Island Causeway Bridge, mile 119.0, at Treasure
Island, Florida shall open on signal except that from 7 a.m. to 7 p.m.
the draw need only 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 Welch Causeway (SR 699) Bridge, 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: March 24, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2025-05778 Filed 4-3-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 4, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.