17762 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules

harvest should have occurred. If you do not

leave the required samples intact, or fail to

provide sufficient care for the samples, our

appraisal made prior to giving you consent to

put the acreage to another use will be used

to determine the amount of production to

count.); or

(B) If you elect to continue to care for the

crop, the amount of production to count for

the acreage will be the harvested production,

or our reappraisal if additional damage

occurs and the crop is not harvested; and

(2) All harvested production from the

insurable acreage.

(d) Mature safflower may be adjusted for

excess moisture and quality deficiencies. If

moisture adjustment is applicable, it will be

made prior to any adjustment for quality.

(1) Production will be reduced by 0.12

percent for each 0.1 percentage point of

moisture in excess of 8 percent. We may

obtain samples of the production to

determine the moisture content.

(2) Production will be eligible for quality

adjustment if such production:

(i) Has a test weight below 35 pounds per

bushel;

(ii) Has seed damage in excess of 25

percent; or

(iii) Contains substances or conditions that

are identified by the Food and Drug

Administration or other public health

organizations of the United States as being

injurious to human or animal health.

(3) Quality will be a factor in determining

your loss only if:

(i) The deficiencies, substances, or

conditions resulted from a cause of loss

against which insurance is provided under

these crop provisions and that occurred

within the insurance period;

(ii) The deficiencies, substances, or

conditions result in a net price for damaged

production that is less than the local market

price;

(iii) All determinations of these

deficiencies, substances, or conditions are

made using samples of the production

obtained by us or by a disinterested third

party approved by us; and

(iv) The samples are analyzed by a grader

licensed to grade safflower under the

authority of the Agricultural Marketing Act

or the United States Warehouse Act with

regard to deficiencies in quality, or by a

laboratory approved by us with regard to

substances or conditions injurious to human

or animal health. Test weight for quality

adjustment purposes may be determined by

our loss adjuster.

(4) Safflower production that is eligible for

quality adjustment, as specified in sections

12(d)(2) and (3), will be reduced as follows:

(i) In accordance with the qualifying

adjustment factor provisions contained in the

Special Provisions; or

(ii) If quality adjustment factor provisions

are not contained in the Special Provisions:

(A) Determine the value per pound of

damaged safflower and the local market price

of undamaged safflower on the earlier of the

date such quality adjusted production is sold

or the date of final inspection for the unit.

Discounts used to establish the net price of

the damaged production will be limited to

those which are usual, customary, and

reasonable. The price will not be reduced for:

(1) Moisture content;

(2) Damage due to uninsured causes; or

(3) Drying, handling, processing, or any

other costs associated with normal

harvesting, handling, and marketing of

safflower. (We may obtain prices from any

buyer of our choice. If we obtain prices from

one or more buyers located outside your local

market area, we will reduce such prices by

the additional costs required to deliver the

production to those buyers.)

(B) Divide the price per pound of damaged

safflower by the local market price per pound

of undamaged safflower to determine the

quality adjustment factor; and

(C) Multiply the adjustment factor by the

number of pounds of the damaged

production remaining after any reduction

due to excessive moisture to determine the

net production to count.

(e) Any production harvested from other

plants growing in the insured crop may be

counted as production of the insured crop on

a weight basis.

13. Written Agreements

Designated terms of this policy may be

altered by written agreement in accordance

with the following:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

13(e);

(b) The application for a written agreement

must contain all variable terms of the

contract between you and us that will be in

effect if the written agreement is not

approved;

(c) If approved by us, the written

agreement will include all variable terms of

the contract, including, but not limited to,

crop type or variety, the guarantee, premium

rate, and price election;

(d) Each written agreement will only be

valid for one year (If the written agreement

is not specifically renewed the following

year, insurance coverage for subsequent crop

years will be in accordance with the printed

policy); and

(e) An application for a written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, D.C., on April 4,

1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–9421 Filed 4–10–97; 8:45 am]

BILLING CODE 3410–FA–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–97–022]

RIN 2115–AE47

Drawbridge Operation Regulations;

Manchester Harbor, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the operating rules for the

Massachusetts Bay Transportation

Authority (MBTA) Bridge (formerly the

Boston and Maine railroad bridge), over

Manchester Harbor, in Manchester,

Massachusetts. The mariners located

upstream of the bridge and the

Manchester Harbormaster have

requested longer operating hours during

the boating season. This proposed

change would require the bridge to be

crewed for eight additional hours each

day from Memorial Day through the end

of September.

DATES: Comments must be received on

or before May 12, 1997.

ADDRESSES: Comments should be

mailed to Commander (obr), First Coast

Guard District, Bldg. 135A, Governors

Island, New York, N.Y. 10004–5073.

The telephone number is (212) 668–

7165. Comments will become part of

this docket and will be available for

inspection or copying at the above

address.

FOR FURTHER INFORMATION CONTACT:

Joe Arca, Supervisory Bridge

Management Specialist, (212) 668–7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this notice

(CGD01–97–022), the specific section of

the proposal to which their comments

apply, and give reasons for each

comment. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed post card or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the address under ADDRESSES.

If it is determined that the opportunity

for oral presentations will aid this
Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules 17763

rulemaking, the Coast Guard will hold

a public hearing at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

Good cause exists for a comment

period of less than 60 days. The public

has had various opportunities to

comment on the regulations for this

bridge. All comments received in

response to the 1996 temporary final

rule with request for comments were

considered in drafting this NPRM. A

longer comment period is unnecessary

and contrary to the public interest due

to the need to have a final regulation in

place prior to Memorial Day, 1997.

The Manchester MBTA Bridge was

formerly owned and operated by the

Boston and Maine Railroad (B&M). The

current owner of the bridge is the

Massachusetts Bay Transportation

Authority (MBTA). The existing

operating regulations at 33 CFR 117.603

require that the bridge be crewed from

1 April through 1 November from 9 a.m.

to 6 p.m., with a one hour lunch closure

between 1 p.m. and 2 p.m. daily.

The Coast Guard received a request in

May, 1994, from the Manchester

Harbormaster/Chief of Police and

several mariners located upstream of the

bridge to extend the hours that the

Manchester MBTA Bridge is crewed

during the peak boating season. On June

14, 1994, the Coast Guard published a

temporary (90 day) deviation from the

operating regulations to evaluate

changes to the operating rules during

the 1994 boating season (59 FR 30524;

June 14, 1994). The temporary deviation

extended the hours that the bridge was

crewed by an additional five hours a

day, from June 3 through August 31,

1994. It required the bridge to be crewed

from 8 a.m. to 9 p.m. daily and

eliminated the one hour lunch hour

closure from 1 p.m. to 2 p.m. each day.

The Coast Guard received only one

letter during the comment period that

closed October 31, 1994. The MBTA, the

bridge owner, opposed the proposal to

extend the operating hours of the bridge.

Their objection was based upon the

additional cost of $16,000 to crew the

bridge during the deviation period. The

Coast Guard requested additional data

and actual copies of the bridge logs to

analyze the impact of the deviation. The

MBTA did not provide the requested

data.

The Coast Guard did not proceed with

a permanent change to the regulations

immediately after the temporary

deviation expired since only one

comment letter was received within the

comment period. The mariners who

originally requested the changes to the

operating rules did not provide

comments until March 15, 1995, well

after the comment period for the

temporary deviation ended. These

comments included seven petition

letters, one letter representing forty-five

boat owners located upstream of the

bridge at the Manchester Harbor Marina,

and one letter from the Manchester

Harbormaster/Chief of Police. All these

letters were in favor of increasing the

operating hours for the bridge.

During the summer of 1995, the Coast

Guard implemented a temporary final

rule (60 FR 36357; July 17, 1995) which

tested an operating schedule from July

17, 1995, through September 30, 1995,

which increased the period that the

bridge opened on signal by three hours

from 6 p.m. to 9 p.m. After the test

period ended, the Coast Guard received

20 letters from mariners. Three petitions

with a total of 40 signatures, a letter

from Manchester Harbor Marina, and a

letter from the Manchester Harbor Boat

Club with 200 members were received

requesting that the operating rules be

changed to require the bridge to open on

signal from 7 a.m. to 11 p.m. each day,

Memorial Day through the end of

September. The mariners requested the

extended bridge operating hours so that

they could get underway earlier in the

morning and also be able to return to

their moorings after their evening racing

or sailing. One letter requesting that the

hours remain unchanged was received

from the bridge owner, the MBTA. The

MBTA objected to the extra operating

hours based upon a $27,000 additional

cost to crew the bridge during the 1995

test period. As in 1994, copies of the

bridge logs were not submitted by the

bridge owner as requested by the Coast

Guard.

During the summer of 1996, the Coast

Guard implemented a temporary final

rule which tested an operating schedule

requiring the bridge to open on signal

from 7 a.m. to 11 p.m. each day,

Memorial Day through the end of

September 1996 (61 FR 18946; April 30,

1996). The temporary final rule

requested public comment on the

operating hours effective for the summer

of 1996. On May 7, 1996, the Coast

Guard sent a letter to the MBTA

requiring them to post a sign

summarizing the temporary regulations

and maintain a bridge log for the 1996

test period. The MBTA was also

requested to provide bridge logs and

operating cost data to the Coast Guard

no later than October 31, 1996, for

consideration of impacts upon the

MBTA. The Coast Guard received one

letter from a mariner in favor of the

temporary regulation. A review of the

bridge logs provided by MBTA for the

test period revealed an average of 247

additional openings per month for the

hours 7 a.m. to 9 a.m., 1 p.m. to 2 p.m.,

and 6 p.m. to 11 p.m. during June, July

and August 1996. Thirty-five additional

openings during these hours were

logged for September, 1996. The MBTA

submitted a letter indicating an

additional operating cost of $41,459 for

the period May 30 to September 30,

1996.

Discussion of Proposed Amendments

Upon review of all the comments, the

Coast Guard believes that the operating

hours for the bridge should be changed.

The mariners specifically requested that

the bridge be crewed from 7 a.m. to 11

p.m. each day during the prime boating

season, Memorial Day through the end

of September. This proposal will amend

§ 117.603 to require the bridge to open

on signal between 7 a.m. and 11 p.m.

from Memorial Day through September

30 each year. The hours that the bridge

is crewed from April 1 to Memorial Day

and from October 1 through November

1 would remain 9 a.m. to 1 p.m. and 2

p.m. to 6 p.m.

The Coast Guard’s policy is to assure

that drawbridges are operated in such a

manner that they are a minimum

obstruction to waterway traffic while at

the same time providing for the

reasonable needs of land traffic.

Drawbridges shall be operated under

such rules and regulations as are in the

overall public interest by pursuing

balanced opening schedules. Under the

existing operating rules for the

Manchester MBTA Bridge, the needs of

navigation are clearly not being satisfied

as evidenced by the comments from the

mariners and the results of the 1996

temporary deviation. The Coast Guard

believes the proposed changes in

operating hours will allow the mariners

to enjoy the prime boating season, best

serve the public interest and still

provide for the reasonable needs of land

traffic. The Coast Guard believes the

benefits to the mariners justify the extra

costs of crewing the bridge. The

proposed hours will allow mariners to

depart earlier and return later. The

existing hours do not meet the needs of

navigation as a result of the bridge

closing at 6 p.m. during the boating

season. Previously, mariners were

forced either to return early after sailing

or tie up at locations outside of the

bridge (and the inner harbor where their

moorings are located) if they returned

after 6 p.m. That was an unreasonable

schedule because most of the mariners

work during the day and would like to

use their vessels in the evenings.

Additionally, the harbormaster

indicated that the increased operating
17764 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules

hours would allow for a faster response

by the Manchester-by-the Sea Police

Department located downstream of the

bridge to vessels in the inner harbor in

the event of an emergency.

The Coast Guard proposes to simplify

the advance notice requirements of the

existing regulations by establishing a

four hour advance notice requirement

during all periods other than those

when the bridge must open on signal.

The Coast Guard has determined that

clearance gauges are necessary for the

safety of navigation. The proposed rule

requires the bridge owner to post and

maintain clearance gauges to assist

mariners in transiting the bridge during

periods when the draw is not crewed

and to reduce unnecessary openings.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation, under

paragraph 10e of the regulatory policies

and procedures of DOT, is unnecessary.

This conclusion is based on the fact that

bridges must operate in accordance with

the needs of navigation while providing

for the reasonable needs of land

transportation. This proposal adopts the

operating hours which the Coast Guard

believes to be appropriate based on the

previous test periods. The Coast Guard

believes the proposal achieves the

government purpose of balancing the

navigational rights of recreational

boaters and the needs of land based

transportation.

Small Entities

The Coast Guard has considered the

economic impact of this rule on small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). For the

reasons discussed in the Background

and Purpose and Regulatory Evaluation

sections above the Coast Guard has

determined that this rule will not affect

a substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section

2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, (as revised by

60 FR 32197; June 20, 1995), this rule

promulgates operating regulations for

drawbridges and is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulation

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.603 is revised to read

as follows:

§ 117.603 Manchester Harbor.

The Massachusetts Bay

Transportation Authority Bridge at mile

1.0, in Manchester, shall operate as

follows:

(a) The draw shall open on signal:

(1) From Memorial Day through

September 30 from 7 a.m. to 11 p.m.;

(2) April 1 to Memorial Day and

October 1 to November 1 from 9 a.m. to

1 p.m. and 2 p.m. to 6 p.m.

(b) At all other times, the draw shall

open on signal with at least four hours

notice.

(c) The owner of this bridge shall

provide and keep in good legible

condition, clearance gauges for each

draw with figures not less than twelve

(12) inches high designed, installed and

maintained according to the provisions

of section 118.160.

Dated: March 28, 1997.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 97–9247 Filed 4–10–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–016]

RIN 2115–AA97

Safety Zone: Fleet Week 1997 Parade

of Ships, Port of New York and New

Jersey

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary moving safety

zone for the Fleet Week 1997 Parade of

Ships, from 7:30 a.m. until 5:30 p.m. on

May 21, 1997. This moving safety zone

would include all waters 500 yards fore

and aft, and 200 yards on each side of

the designated column of parade vessels

as it transits the Port of New York and

New Jersey. The moving safety zone will

expand to include all waters within a

200 yard radius of each vessel upon

dispersal of the parade column until

each is safely moored.

DATES: Comments must be received on

or before May 2, 1997.

ADDRESSES: Comments should be

mailed to Lieutenant John W. Green,

Waterways Oversight Branch, Coast

Guard Activities New York, Bldg. 108,

Governors Island, New York 10004–

5006.

FOR FURTHER INFORMATION CONTACT:

Lieutenant John W. Green, Chief,

Waterways Oversight Branch,

Waterways Management Division, Coast

Guard Activities New York, (212) 668–

7906.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Intrepid Museum Foundation is

sponsoring a parade of U.S. Coast

Guard, U.S. Navy, and foreign naval

ships through the Port of New York and

New Jersey on May 21, 1997. This

proposed regulation will establish a

moving safety zone to include all waters

500 yards forward of the lead parade

vessel, 500 yards aft of the last parade

vessel, and 200 yards on each side of the

designated column of parade vessels as

it transits the Port of New York and New

Jersey between the Verrazano Narrows

Bridge and the waters of the Hudson

River west of Riverbank State Park,

between West 137th and West 144th

Streets, Manhattan, New York. As the

vessels turn in the waters west of

Riverbank State Park and proceed

southbound in the Hudson River, the

moving safety zone will expand to

include all waters within a 200 yard