This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40756

Vol. 62, No. 146

Wednesday, July 30, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 96–016–21]

RIN 0579–AA83

Karnal Bunt; Compensation for Wheat

Seed and Straw in the 1995–1996 Crop

Season

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the Karnal bunt regulations by adding

compensation provisions for growers

and seed companies for the loss in value

of wheat seed and straw in the 1995–

1996 crop season. The payment of

compensation is necessary in order to

reduce the economic impact of the

Karnal bunt regulations on affected

wheat growers and other individuals.

DATES: For comments on all portions of

this proposed rule except the rule’s

information collection and

recordkeeping requirements that are

subject to the Paperwork Reduction Act,

consideration will be given only to

comments received on or before August

29, 1997. For comments on the

Paperwork Reduction Act requirements

of this proposed rule, consideration will

be given only to comments received on

or before September 29, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–016–21, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–016–21. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Stefan, Operations Officer,

Domestic and Emergency Operations,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247.

SUPPLEMENTARY INFORMATION:

Background

Karnal bunt is a fungal disease of

wheat (Triticum aestivum), durum

wheat (Triticum durum), and triticale

(Triticum aestivum X Secale cereale), a

hybrid of wheat and rye. Karnal bunt is

caused by the smut fungus Tilletia

indica (Mitra) Mundkur and is spread

by spores. In the absence of measures

taken by the U.S. Department of

Agriculture (USDA) to prevent its

spread, the establishment of Karnal bunt

in the United States could have

significant consequences with regard to

the export of wheat to international

markets. The regulations regarding

Karnal bunt are set forth in 7 CFR

301.89–1 through 301.89–14. Among

other things, the regulations define areas

regulated for Karnal bunt and restrict

the movement of certain regulated

articles, including wheat seed and grain,

from the regulated areas.

In an interim rule effective June 27,

1996, and published in the Federal

Register on July 5, 1996 (61 FR 35102–

35107, Docket No. 96–016–7), the

Animal and Plant Health Inspection

Service (APHIS) amended the

regulations to provide compensation for

certain wheat growers and handlers,

owners of grain storage facilities, and

flour millers in order to mitigate losses

and expenses incurred in the 1995–1996

crop season because of actions taken by

the Secretary to prevent the spread of

Karnal bunt. On May 6, 1997, we

published a document in the Federal

Register (62 FR 24745–24753, Docket

No. 96–016–17, effective April 30, 1997)

making final the July 5 interim rule, and

adding compensation provisions for

handlers of wheat that was tested and

found negative for Karnal bunt and

participants in the National Karnal Bunt

Survey whose wheat tested positive for

Karnal bunt in the 1995–1996 crop

season. Several comments on the July 5

interim rule requested compensation for

loss in value of wheat seed and straw in

the 1995–1996 crop season. We stated in

the May 6 final rule that we were still

considering what compensation was

appropriate for these losses. The

provisions of the compensation plan for

seed and straw are proposed in this

document.

The Agency has identified three

principles for deciding whether to

provide compensation. First,

compensation may be appropriate

where quarantine and emergency

actions result in economic costs over

and above those that would result from

the normal operation of market forces.

Payment of compensation would reflect

the incremental burdens of complying

with regulatory requirements insofar as

market forces would not otherwise

impose similar or analogous costs.

Second, compensation may be

appropriate where parties undertake

actions that confer significant benefits

on others. Under this principle,

payment of compensation would be

intended to overcome the usual

disincentives to produce such benefits.

Third, compensation may be

appropriate where a small number of

parties necessarily bear a

disproportionate share of the burden of

providing such benefits. This principle

rests on the widely shared belief that

burden-sharing is a fundamental

principle of equity. Our decisions

concerning the compensation we are

proposing for seed and straw were made

after consideration of these three

principles.

Compensation for Seed

In the 1995–1996 crop season, areas

in Arizona, California, New Mexico, and

Texas were regulated for Karnal bunt.

For 1995–1996 crop season wheat,

commercial shipments of wheat to be

used for seed were prevented from

moving outside of the regulated areas.

Wheat seed grown in the regulated areas

could be planted within the regulated

areas, but only after it tested negative for

Karnal bunt and was treated. These

restrictions prevented most wheat seed

from being shipped to intended markets.

Growers and seed companies were

permitted to sell their wheat seed for

use as grain (for milling or animal feed).

However, even under normal market

conditions, the value of grain is less

than for seed. In the 1995–1996 crop

season, grain from the regulated areas

was also decreased in value because of

the Karnal bunt regulations. It is

estimated that 1.5 million bushels of
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40757

wheat seed grown in the regulated areas

sustained loss in value of between $5

and 6 million in the 1995–1996 crop

season.

Seed companies had contracts with

growers in the regulated areas to

produce commercial quantities of wheat

seed (a seed company acquires wheat

and processes it for sale as seed). Under

a typical contract, a grower agreed to

produce a specified quantity of seed for

a price that was normally equal to the

price the wheat would be worth as grain

plus a 30 to 50 cents per bushel seed

premium. This premium reflects the

added precautions taken by the grower

in production to ensure seed integrity

and cleanliness. Some contract prices,

including the seed premiums, were set

in the contracts prior to the discovery of

Karnal bunt in Arizona in March 1996.

However, many of the contracts

specified that the prices were to be set

at harvest, which was after the

discovery of Karnal bunt. Contract

prices set at harvest were, therefore,

likely to reflect the loss in value of

wheat seed due to the restrictions on

moving seed in the Karnal bunt

regulations. Growers experienced a loss

in the expected value of their seed if

seed companies did not pay the full

contract price specified in the contract

prior to harvest, or if a price was

determined in the contract at harvest,

after the discovery of Karnal bunt.

For seed companies, the price for

which they are able to sell their seed

consists of the market value for wheat

grain plus the seed margin. The seed

margin is the difference between the

value of wheat sold as seed and wheat

sold as grain, and reflects various costs

to seed companies for producing seed,

including seed premiums paid by the

seed company to the grower. Seed

companies also contract with growers to

produce both public and private variety

seed. Private variety seed is seed that

has a plant variety protection patent. In

the case of private variety seed

production, the seed margin would also

reflect premiums paid by the seed

company to the private firm that owns

the plant variety protection patent. Seed

margins in the regulated areas average

$4.50 per bushel for private variety seed

and $2.40 per bushel for public variety

seed.

In the 1995–1996 crop season, seed

companies with wheat seed produced in

the regulated areas experienced loss in

the expected value of their seed

because, under the Karnal bunt

regulations, they were unable to move

their seed to intended markets outside

the regulated areas. Seed companies

could have sold their seed as grain, for

milling or to make animal feed.

However, they would have lost the seed

margin, and they would have had to sell

the seed for the reduced prices offered

for wheat grain from the regulated areas

in the 1995–1996 crop season.

We are proposing to offer

compensation to wheat seed growers

and seed companies to help mitigate the

losses in the value of wheat seed in the

1995–1996 crop season due to the

Karnal bunt regulations. The proposed

regulations for wheat seed and straw

compensation would be added to

§ 301.89–14, which contains

compensation provisions for losses

incurred in the 1995–1996 crop season.

In the regulations, we would refer to

wheat seed as ‘‘propagative wheat’’ or

‘‘wheat grown for propagative

purposes.’’ Because the Secretary of

Agriculture is authorized to compensate

only individuals who are in States for

which an extraordinary emergency has

been declared, we would state that

growers and seed companies would be

eligible for compensation only if the

wheat was grown in a State where the

Secretary has declared an extraordinary

emergency. Further, pursuant to an

interim rule effective on April 25, 1997,

and published in the Federal Register

on May 1, 1997 (62 FR 23620–23628,

Docket 96–016–19), some areas that

were regulated for Karnal bunt in the

1995–1996 crop season are no longer

regulated for Karnal bunt. For this

reason, we would stipulate that the

wheat for which compensation is being

claimed must have been grown in an

area of that State that was regulated for

Karnal bunt or under Emergency Action

Notification (EAN)(PPQ Form 523) for

Karnal bunt during the 1995–1996 crop

season. (EANs are issued by APHIS

inspectors to temporarily regulate an

area, in accordance with § 301.89–3(d)

of the Karnal bunt regulations.)

Compensation for Growers Who Sold

Propagative Wheat

As discussed previously in this

document, growers experienced a loss

in the expected value of their 1995–

1996 crop season propagative wheat if

seed companies did not pay the full

contract price specified in the contract

prior to harvest, or if a price was

determined in the contract at harvest,

after the discovery of Karnal bunt in

March 1996. We are not proposing to

pay compensation to growers if a price

was determined in the contract prior to

the discovery of Karnal bunt and that

contract price was honored by the seed

company. These growers would have

received the full expected value of their

propagative wheat.

Growers had the option of selling

their propagative wheat as grain, instead

of selling it to the seed company with

which it was contracted. Growers could

then move the wheat out of the

regulated areas under less burdensome

restrictions than those that applied to

commercial shipments of wheat seed.

Some growers who chose to do this also

filed compensation claims under the

regulations for 1995–1996 crop season

nonpropagative wheat (see § 301.89–

14(b)). These growers would still have

experienced the loss of the expected

seed premium. We are proposing,

therefore, that growers of wheat grown

for propagative purposes be eligible for

different levels of compensation

depending on whether they sold their

wheat under contract to a seed company

or they sold their wheat elsewhere for

nonpropagative purposes. If they sold

their wheat elsewhere for

nonpropagative purposes, compensation

would depend on whether or not they

claimed compensation under the

regulations for nonpropagative wheat.

Compensation for growers who sold

their wheat under contract to a seed

company would be as follows:

1. If the wheat was grown under

contract and a price was determined in

the contract on or before March 1, 1996,

and the contract price was not honored

by the seed company, the compensation

rate would equal the contract price (CP)

including the seed premium specified in

the contract (SP)(contract) minus the

higher of either the salvage value (SV)

plus the actual seed premium received

by the grower, if any, (SP)(actual), or the

actual price received by the grower (AP)

plus the actual seed premium received

by the grower, if any, (SP)(actual). The

equation for this compensation would

be as follows: Compensation rate = [CP

+ SP(contract)]—[higher of (SV +

SP(actual)) or (AP + SP(actual))].

2. If the wheat was grown under

contract and a price was determined in

the contract after March 1, 1996, the

compensation rate would equal the

estimated market price for grain (EMP)

plus the seed premium specified in the

contract (SP)(contract) minus the higher

of either the salvage value (SV) plus the

actual seed premium received by the

grower (SP)(actual), or the actual price

received by the grower (AP) plus the

actual seed premium received by the

grower (SP)(actual). The equation for

this compensation would be as follows:

Compensation rate = [EMP +

SP(contract)]—[higher of (SV +

SP(actual)) or (AP + SP(actual))].

Compensation for growers of

propagative wheat who sold their wheat

under contract to a seed company

would not exceed $2.80 per bushel

under any circumstances. This

maximum compensation amount
40758 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

represents the maximum $2.50 per

bushel compensation for

nonpropagative wheat provided in the

regulations (see § 301.89–14(b)) plus a

$.30 seed premium.

The salvage value used in the

calculations described above is intended

to represent the actual value of wheat

from the regulated areas as a result of

Karnal bunt. The salvage values used for

propagative wheat would be the same as

those used for nonpropagative wheat

compensation in the 1995–1996 crop

season (see § 301.89–14(b)(3)). As with

nonpropagative wheat, the salvage

values for propagative wheat would

vary depending on whether or not the

wheat was positive or negative for

Karnal bunt, and the use for which the

wheat was sold. In each case, the

amount of the actual price or the salvage

value of the propagative wheat would

include the value of any proceeds

accrued through insurance claims,

judgments, or from any other source.

However, the minimum salvage value

under any circumstances would be

$3.60 per bushel.

The estimated market price used in

the calculations described above is

intended to represent what the value of

the wheat would have been if there were

no regulations for Karnal bunt.

Estimated market prices were used in

calculating compensation for

nonpropagative wheat in the 1995–1996

crop season. Estimated market prices

were calculated for nonpropagative

durum wheat and nonpropagative hard

red winter wheat for the harvest months

of May and June. The estimated market

prices for durum wheat were calculated

based on the following: the daily closing

cash prices for choice milling durum

wheat traded on the Minneapolis Grain

Exchange during the period of May 1 to

June 30, 1996, adjusted to account for

the handling and transportation charges

incurred in getting the wheat from the

regulated areas in California and

Arizona to the central market in

Minneapolis. These adjustments were

based on the average difference between

the Minneapolis cash price and the cash

prices within the regulated areas for

1995. Estimated market prices for hard

red winter wheat were calculated in a

similar manner, based on the daily

closing futures prices for the July hard

red winter wheat contract traded on the

Kansas City Board of Trade during the

period of May 1 to June 30, 1996,

adjusted to account for the handling and

transportation charges incurred in

getting the wheat from a central point in

the regulated areas to the market in

Kansas City. These adjustments were

based on the average difference between

the Kansas City futures price and the

cash prices within the regulated areas

for 1995. We would use the same

estimated market prices that were

calculated for nonpropagative wheat for

the propagative wheat compensation

calculations in this proposed rule.

Growers of 1995–1996 crop season

wheat grown for propagative purposes

who sold the wheat for nonpropagative

purposes would be eligible to receive

compensation as follows:

1. If the grower has not claimed

compensation under the regulations for

nonpropagative wheat, the

compensation rate would equal the

estimated market price for grain (EMP)

minus the actual price received by the

grower (AP), plus the seed premium

specified in the contract the grower had

with a seed company (SP). The equation

for this compensation would be as

follows: Compensation rate = (EMP—

AP) + SP.

2. If the grower has claimed

compensation under the regulations for

nonpropagative wheat (§ 301.89–14(b)),

the compensation rate would be equal to

the seed premium specified in the

contract the grower had with a seed

company.

Compensation for Seed Companies That

Sold Propagative Wheat

As discussed previously in this

document, seed companies experienced

a loss in the expected value of

propagative wheat produced in the

regulated areas because, under the

Karnal bunt regulations, they were

unable to move their wheat to intended

markets outside the regulated areas.

Seed companies could have sold their

wheat as grain, for milling or to make

animal feed. However, they would have

lost the seed margin, and they would

have had to sell the seed for the reduced

prices offered for wheat grain from the

regulated areas in the 1995–1996 crop

season.

Unlike growers, who typically sell

their wheat seed at harvest, seed

companies sometimes keep wheat seed

inventories from past crop seasons on

hand. These wheat inventories were

subject to the same restrictions on

movement as 1995–1996 crop season

wheat. For this reason, we are proposing

that seed companies with 1995–1996

crop season wheat grown for

propagative purposes and seed

companies with propagative wheat

inventories in their possession that were

unsold as of March 1, 1996, be eligible

to receive compensation.

Further, as discussed previously in

this document, an interim rule effective

on April 25, 1997, and published in the

Federal Register on May 1, 1997,

amended the regulated areas so that

some areas that were regulated for

Karnal bunt in the 1995–1996 crop

season are no longer regulated for

Karnal bunt. Many seed companies in

the previously regulated areas had held

their 1995–1996 crop season wheat

seed. These seed companies are now

able to move their wheat for propagative

purposes without restriction. However,

because the wheat seed market is down

this year as compared to last year, and

because the regulations prevented them

from marketing their wheat last year

when they may have received a higher

price, the seed companies will probably

still experience a loss in value of their

propagative wheat.

Seed companies handling propagative

wheat grown in areas that remain

regulated with regard to seed would

continue to be subject to the restrictions

on moving wheat outside of the

regulated areas that apply to commercial

shipments of seed, and will likely sell

their wheat as grain. We are proposing

separate compensation for seed

companies depending on whether the

propagative wheat is sold for

nonpropagative purposes (such as

milling or animal feed) or for

propagative purposes (planting). We are

also proposing different compensation

for seed companies that sold

propagative wheat for nonpropagative

purposes depending on whether or not

they have already claimed

compensation under the regulations for

nonpropagative wheat (see § 301.89–

14(b)).

Compensation for seed companies

that have sold propagative wheat for

nonpropagative purposes, and that have

not claimed compensation under the

regulations for nonpropagative wheat,

would be as follows:

1. If the wheat was grown in the

1995–1996 crop season, was under

contract, and the seed company honored

the contract by paying the grower the

full contract price, including the seed

premium, the compensation rate would

equal the estimated market price for

grain (EMP) plus the seed margin (SM)

minus the higher of either the actual

price received by the seed company

(AP) or the salvage value (SV). The

equation for this compensation would

be as follows: Compensation rate = EMP

+ SM—(higher of AP or SV). The seed

margin would be set at $4.50 per bushel

for private variety seed and set at $2.40

per bushel for public variety seed.

However, compensation would not

exceed $7.00 per bushel for private

variety seed and $4.90 per bushel for

public variety seed under any

circumstances. (The maximum

compensation amounts represent the

seed margins plus the maximum $2.50
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40759

compensation for nonpropagative wheat

provided in the regulations (see

§ 301.89–14(b)).

2. If a seed company had wheat

inventories from past crop seasons on

hand as of March 1, 1996, the

compensation rate would equal the

estimated market price for grain (EMP)

plus the seed margin (SM) minus the

higher of either the actual price received

by the seed company (AP) or the salvage

value (SV). The equation for this

compensation would be as follows:

Compensation rate = EMP + SM—

(higher of AP or SV). The seed margin

would be set at $4.50 per bushel for

private variety seed and set at $2.40 per

bushel for public variety seed. However,

compensation would not exceed $7.00

per bushel for private variety seed and

$4.90 per bushel for public variety seed

under any circumstances.

Seed companies that have sold

propagative wheat for nonpropagative

purposes, and that have claimed

compensation under the regulations for

nonpropagative wheat, would be

eligible for a compensation rate equal to

the seed margin. The seed margin would

be $4.50 per bushel for private variety

seed and $2.40 per bushel for public

variety seed.

The compensation we are proposing

for seed companies that sold

propagative wheat for propagative

purposes would be as follows: The

compensation rate would equal the

estimated market price for grain (EMP)

plus the seed margin (SM) minus the

higher of either the actual price received

by the seed company (AP), or the

salvage value (SV). The equation for this

compensation would be as follows:

Compensation rate = (EMP + SM)—

(higher of AP or SV). The seed margin

would be $4.50 per bushel for private

variety seed and $2.40 per bushel for

public variety seed. However,

compensation would not exceed $7.00

per bushel for private variety seed and

$4.90 per bushel for public variety seed

under any circumstances.

The salvage values and estimated

market prices used in the calculations

described above for seed companies

would be the same as discussed

previously in this document for growers

of propagative wheat. In each case, the

amount of the actual price or the salvage

value of the propagative wheat would

include the value of any proceeds

accrued through insurance claims,

judgments, or from any other source.

Growers and Seed Companies—To

Claim Compensation

We are proposing that compensation

payments for the loss in value of

propagative wheat would be issued by

the Farm Service Agency (FSA) of the

U.S. Department of Agriculture.

Growers and seed companies that are

eligible for compensation under this

proposed rule would have to submit the

same documents to the local FSA

county office, as follows: A grower or

seed company would have to submit a

Karnal Bunt Compensation Claim form,

provided by FSA. If the wheat was

grown in an area that is not a regulated

areas, but for which an EAN for Karnal

bunt has been issued, the grower or seed

company would have to submit a copy

of the EAN. A grower or seed company

would also have to submit a copy of the

contract under which the wheat was

grown; a copy of the Karnal bunt

certificate issued by APHIS that shows

the Karnal bunt test results; a copy of

the receipt for the final sale of the

wheat, showing the intended use for

which the wheat was sold, total bushels

sold, and the total price received by the

grower or seed company; and

verification as to the actual (not

estimated) weight of the wheat for

which compensation is being claimed

(such as a copy of the limited permit

under which the wheat is being moved,

or other verification). In addition, a seed

company that is claiming compensation

on seed inventories would have to

certify to FSA that the propagative

wheat was in the seed company’s

possession as of March 1, 1996.

Other Seed Company Compensation

The compensation for seed companies

with propagative wheat proposed above

applies only to seed companies that sold

their wheat. We are proposing that seed

companies would be eligible to receive

compensation under an additional

circumstance: If a seed company is not

able to or elects not to sell 1995–1996

crop season wheat grown for

propagative purposes or propagative

wheat inventories in their possession

that were unsold as of March 1, 1996,

the compensation rate would equal

$7.00 per bushel for private variety seed

and $4.90 per bushel for public variety

seed. These amounts represent the seed

margins of $4.50 for private variety seed

and $2.40 for public variety seed plus

the maximum $2.50 per bushel

compensation for nonpropagative wheat

provided in the regulations (see

§ 301.89–14(b)). Compensation would

only be paid if the seed company has

destroyed the wheat by burying it in a

sanitary landfill or other site that has

been approved by APHIS.

Compensation for seed companies

under this additional circumstance

would be necessary in a small number

of cases where seed companies had their

seed treated with a fungicide and

bagged. Such treatment is typical in

seed production to make it suitable for

planting and so that it can be stored for

extended periods, but it renders the

wheat unusable for nonpropagative

purposes. Most seed companies did not

treat and bag their 1995–1996 crop

season wheat seed. Some seed

companies, however, had wheat seed

from past crop seasons on hand that had

already been treated in this manner. If

these seed companies choose not to or

are unable to market their wheat for

planting within the regulated areas, then

they may bury their wheat and qualify

for the compensation described above.

To claim compensation under this

additional circumstance, a seed

company would have to submit

documents to the local FSA county

office, as follows: A seed company

would have to submit a Karnal Bunt

Compensation Claim form, provided by

FSA. If the wheat was grown in an area

that is not a regulated area, but for

which an EAN for Karnal bunt has been

issued, the seed company would have to

submit a copy of the EAN. A seed

company would also have to submit a

copy of the contract under which the

wheat was grown and verification of

how much wheat was buried, in the

form of a receipt from the sanitary

landfill or verification signed by an

APHIS inspector. In addition, a seed

company that is claiming compensation

on seed inventories would have to

certify to FSA that the propagative

wheat was in the seed company’s

possession as of March 1, 1996.

Compensation for Straw

Some growers contract to sell wheat

straw to supplement their wheat grain

income. Straw is sold for use at places

such as racetracks, highway shoulders,

feed yards, and parks for erosion control

and to minimize muddy conditions.

Wheat straw is listed in the Karnal bunt

regulations as a regulated article. In the

1995–1996 crop season, wheat straw

could not move outside of the regulated

areas because it could not meet the

conditions in the regulations for moving

regulated articles outside the regulated

areas (see § 301.89–5). This prevented

wheat straw producers in the regulated

areas from shipping their 1995–1996

crop season wheat straw to the intended

markets. Some wheat straw was sold to

alternative markets within the regulated

areas for a lower price. However, most

wheat straw was not able to be sold.

We are adding a new § 301.89–14(i) to

provide compensation for wheat straw

producers for the losses experienced

because of the Karnal bunt regulations.

We would define wheat straw producers

to include either growers who bale their
40760 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

own wheat straw or individuals

contracted by growers to remove wheat

straw from the growers’ fields. We

would require that the wheat straw

producers must have produced the

straw under contract. This would ensure

that compensation is not claimed by

individuals who did not intend to sell

their straw, but produced it for their

own use. Producers of wheat straw

made from wheat grown in the regulated

areas in the 1995–1996 crop season

would be eligible to receive

compensation on a one-time-only basis

at the rate of $1.00 per 80-pound bale

or $1.25 per hundredweight. Producers

of straw contracted for sale would be

eligible for compensation regardless of

whether or not the straw was delivered

to the contractee. Compensation

payments would be issued by the Farm

Service Agency (FSA). To claim

compensation, a wheat straw producer

would have to submit a Karnal Bunt

Compensation Claim form, provided by

FSA, and a copy of the contract under

which the straw was produced to the

local FSA county office.

Deadline for Claiming Compensation

We are proposing to set a deadline for

claiming compensation under this

proposed rule. Claims for either seed or

straw compensation would have to be

received by FSA on or before 60 days

after the date that the provisions of this

proposed rule are made final. The

Administrator could extend this

deadline, upon request in specific cases,

when unusual and unforeseen

circumstances occur which prevent or

hinder a claimant from requesting

compensation prior to that date.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. This rule

has been determined to be economically

significant for purposes of Executive

Order 12866 and, therefore, has been

reviewed by the Office of Management

and Budget.

The quarantine and regulations for

Karnal bunt were established by a series

of interim rules and a final rule

published in the Federal Register on

October 4, 1996. A final rule effective on

April 30, 1997, and published in the

Federal Register on May 6, 1997,

amended the regulations to provide

compensation for certain wheat grain

growers and handlers, owners of grain

storage facilities, flour millers, and

participants in the National Karnal Bunt

Survey in order to mitigate losses and

expenses incurred in the 1995–1996

crop season because of actions taken by

the Secretary of Agriculture to prevent

the spread of Karnal bunt. The

economic impact of the series of interim

rules and the October 1996 final rule

establishing the Karnal bunt quarantine

and regulations, and the May 1997 final

rule on compensation, was discussed in

a regulatory flexibility analysis and

regulatory impact analysis also

published in the Federal Register on

May 6, 1997 (62 FR 24753–24765,

Docket No. 96–016–20). The analyses

estimate that losses due to the discovery

of Karnal bunt and the subsequent

emergency regulatory actions amounted

to $44 million (see table below). These

losses were associated with the

plowdown of fields in New Mexico and

Texas that were known to be planted

with Karnal bunt-infected seed,

decontamination of grain storage

facilities, the decline in market value of

wheat grain testing either positive or

negative for Karnal bunt, treatment of

millfeed required by the regulations, the

decline in market value of wheat seed

and straw, and damages to combine

harvesters due to required disinfection

treatment.

In order to alleviate some of the

economic hardships caused by the

Karnal bunt regulations, and to ensure

full and effective compliance with the

regulatory program, compensation to

mitigate certain losses was offered to

affected parties in the regulated areas. A

discussion of losses and the rationale for

compensation can be found in the

regulatory flexibility analysis and

regulatory impact analysis cited above.

Funding for compensation in the

amount of $39 million has been made

available through apportionment action

(transfers from the Commodity Credit

Corporation). Of the $39 million, $26.5

million has been allocated specifically

for compensation for plowdown,

decontaminating grain storage facilities,

loss in value of grain, and millfeed

treatment.

This proposed rule would amend the

Karnal bunt regulations by adding

compensation provisions for wheat

straw producers and wheat seed growers

and seed companies for the loss in value

of their straw and seed due to the

regulations for Karnal bunt. As

discussed in the regulatory impact

analysis referred to above, losses to seed

growers were estimated to be about $6

million; losses to straw producers were

estimated at about $200,000. The

regulatory flexibility analysis referred to

above discusses the impact of the Karnal

bunt regulations on small entities. The

majority of the affected entities in the

regulated areas have been determined to

be small entities. Compensation in the

amount of $10.8 million has been

apportioned for compensation to seed

producers and companies for the loss in

value of their seed. Straw compensation

was made available through funds

appropriated for the loss in value of

grain (see table below).

ESTIMATED LOSS IN VALUE DUE TO

KARNAL BUNT REGULATIONS, 1995–

96 CROP YEAR

[In million dollars]

Action

Estimated

loss in

value

1. Plowdown of NM and TX fields

planted with infected seed ........ $1.2

2. KB-positive grain diverted to

animal feed market ................... 4.2

3. KB-negative grain that experienced loss in value ................... 1 28.0

4. Cost of sanitizing storage facilities ............................................. 0.3

5. Millfeed treatment of KB-negative grain .................................... 1.6

6. Loss in value of seed ............... 6.0

7. Loss in value of straw .............. 0.2

8. Loss related to cleaning and

disinfecting of combine harvesters ............................................. 2.0

Total ................................... 44.0

1 $28 million is the potential maximum

amount of loss in value of uninfected wheat.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are inconsistent with

this rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this proposed

rule have been submitted for approval to

the Office of Management and Budget

(OMB) under OMB control number

0579–0121 in conjunction with APHIS

Dockets 96–016–15 and 96–016–17,

with two exceptions.

The first exception is the proposed

requirement that growers and handlers

submit to FSA a Karnal Bunt
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40761

Compensation Claim form. This

information collection was submitted

for approval to OMB in conjunction

with Docket 96–016–15 for 1996–1997

compensation claims, but not for 1995–

1996 compensation claims (the crop

season covered by this docket). The

second exception is that, in order for

FSA to complete the Karnal Bunt

Compensation Claim form, the local

FSA office would have to complete a

Karnal Bunt Compensation Worksheet

for 1995–1996 Propagative Wheat (PPQ

Form 928). Completion of the worksheet

would be necessary in order to calculate

the rate of compensation in accordance

with the regulations proposed in this

docket. This worksheet would be

completed using the information

collected by FSA in completing the

Karnal Bunt Compensation Claim form.

This information collection was not

submitted to OMB in conjunction with

APHIS Dockets 96–016–15 and 96–016–

17 because the need for FSA to

complete a Karnal Bunt Compensation

Worksheet for 1995–1996 Propagative

Wheat is particular to this proposed

rule.

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average .46 hours per

response.

Respondents: Growers and seed

companies.

Estimated number of respondents:

122.

Estimated number of responses per

respondent: 3.9.

Estimated total annual burden on

respondents: 216 hours.

We are soliciting comments from the

public (as well as affected agencies)

concerning the information collection

and recordkeeping requirements in this

proposed rule, and concerning the

information collection in support of the

National Karnal Bunt Survey. We need

this outside input to help us:

(1) Evaluate whether the proposed

information collection is necessary for

the proper performance of our agency’s

functions, including whether the

information will have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected;

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission responses).

Information collection in support of the

National Karnal Bunt Survey:

Please send written comments to the

Office of Information and Regulatory

Affairs, OMB, Attention: Desk Officer

for APHIS, Washington, DC 20503.

Please state that your comments refer to

Docket No. 96–016–21. Please send a

copy of your comments to: (1) Docket

No. 96–016–21, Regulatory Analysis and

Development, PPD, APHIS, suite 3C03,

4700 River Road Unit 118, Riverdale,

MD 20737–1238, and (2) Clearance

Officer, OIRM, USDA, room 404–W,

14th Street and Independence Avenue

SW., Washington, DC 20250. A

comment to OMB is best assured of

having its full effect if OMB receives it

within 30 days of publication of this

proposed rule.

Copies of this information collection

can be obtained from: Ms. Cheryl

Jenkins, APHIS Information Collection

Coordinator, (301)734–5360.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 would be

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

would continue to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

2. In § 301.89–14, paragraph (f)(2), the

reference to ‘‘paragraph (d)’’ would be

removed both times it appears and a

reference to ‘‘paragraph (f)’’ would be

added in its place.

3. In § 301.89–14, paragraphs (d), (e),

and (f) would be redesignated as

paragraphs (f), (g), and (h) respectively;

and new paragraphs (d), (e), and (i)

would be added to read as set forth

below.

§ 301.89–14 Compensation for the 1995–

1996 crop season.

* * * * *

(d) Growers and seed companies that

sold propagative wheat. Growers of and

seed companies with wheat grown for

propagative purposes are eligible for

compensation for the loss in value of

their wheat, in accordance with this

section, if the wheat was grown in a

State where the Secretary has declared

an extraordinary emergency, and if the

wheat was grown in an area of that State

that was regulated for Karnal bunt or

under Emergency Action Notification

(PPQ Form 523) for Karnal bunt during

the 1995–1996 crop season.

(1) Growers who sold propagative

wheat under contract. Growers of 1995–

1996 crop season wheat grown for

propagative purposes are eligible to

receive compensation as described in

paragraphs (d)(1)(i) and (d)(1)(ii) of this

section if they sold the wheat under

contract to a seed company. However,

compensation will not exceed $2.80 per

bushel under any circumstances.

(i) If the wheat was grown under

contract and a price was determined in

the contract on or before March 1, 1996,

and the contract price was not honored

by the seed company, the compensation

rate will equal the contract price (CP)

including the seed premium specified in

the contract (SP)(contract) minus the

higher of either the salvage value (SV),

as described in paragraph (d)(6) of this

section, plus the actual seed premium

received by the grower (SP)(actual), or

the actual price received by the grower

(AP) plus the actual seed premium

received by the grower (SP)(actual). In

each case, the amount of the actual price

or the salvage value of the propagative

wheat will include the value of any

proceeds accrued through insurance

claims, judgments, or from any other

source. The equation for this

compensation is: Compensation rate =

[CP + SP(contract)]—[higher of (SV +

SP(actual)) or (AP + SP(actual))].

(ii) If the wheat was grown under

contract and a price was determined in

the contract after March 1, 1996, the

compensation rate will equal the

estimated market price for grain (EMP)

plus the seed premium specified in the

contract (SP)(contract) minus the higher

of either the salvage value (SV), as

described in paragraph (d)(6) of this

section, plus the actual seed premium

received by the grower (SP)(actual), or

the actual price received by the grower

(AP) plus the actual seed premium

received by the grower (SP)(actual). In

each case, the amount of the actual price

or the salvage value of the propagative

wheat will include the value of any

proceeds accrued through insurance

claims, judgments, or from any other

source. The equation for this

compensation is: Compensation rate =

[EMP + SP(contract)]—[higher of (SV +

SP(actual)) or (AP + SP(actual))]. The

estimated market price will be

calculated by APHIS for each class of

wheat, taking into account the prices

offered by relevant terminal markets

(animal feed, milling, or export) for the

period between May 1 and June 30,

1996, with adjustments for

transportation and other handling costs.
40762 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

(2) Growers who sold propagative

wheat for nonpropagative purposes.

Growers of 1995–1996 crop season

wheat grown for propagative purposes

who sold the wheat for nonpropagative

purposes are eligible to receive

compensation in accordance with

paragraphs (d)(2)(i) and (d)(2)(ii) of this

section.

(i) If the grower has not claimed

compensation under paragraph (b) of

this section, the compensation rate will

equal the estimated market price for

grain (EMP) minus the actual price

received by the grower (AP), plus the

seed premium specified in the contract

the grower had with a seed company

(SP). In each case, the amount of the

actual price of the propagative wheat

will include the value of any proceeds

accrued through insurance claims,

judgments, or from any other source.

The equation for this compensation is:

Compensation rate = (EMP—AP) + SP.

Growers who claim compensation under

this paragraph may not claim

compensation under paragraph (b) of

this section.

(ii) If the grower has claimed

compensation under paragraph (b) of

this section, the compensation rate will

equal the premium specified in the

contract the grower had with a seed

company.

(3) Seed companies that sold

propagative wheat for nonpropagative

purposes and that have not claimed

compensation. Seed companies with

1995–1996 crop season wheat grown for

propagative purposes and seed

companies with propagative wheat

inventories in their possession that were

unsold as of March 1, 1996, are eligible

to receive compensation as described in

paragraphs (d)(3)(i) and (d)(3)(ii) of this

section if the propagative wheat was

sold for nonpropagative purposes and if

the seed company has not claimed

compensation under paragraph (b) of

this section. Seed companies that claim

compensation under paragraph (d)(3)(i)

or (d)(3)(ii) of this section may not claim

compensation under paragraph (b) of

this section.

(i) If the wheat was grown in the

1995–1996 crop season, was under

contract, and the seed company honored

the contract by paying the grower the

full contract price, including the seed

premium, the compensation rate will

equal the estimated market price for

grain (EMP) plus the seed margin (SM)

minus the higher of either the actual

price received by the seed company

(AP) or the salvage value (SV), as

described in paragraph (d)(6) of this

section. The equation for this

compensation is: Compensation rate =

EMP + SM—(higher of AP or SV). The

seed margin is $4.50 per bushel for

private variety seed and $2.40 per

bushel for public variety seed. In each

case, the amount of the actual price or

the salvage value of the propagative

wheat will include the value of any

proceeds accrued through insurance

claims, judgments, or from any other

source. However, compensation will not

exceed $7.00 per bushel for private

variety seed and $4.90 per bushel for

public variety seed under any

circumstances.

(ii) If a seed company had wheat

inventories from past crop seasons on

hand as of March 1, 1996, the

compensation rate will equal the

estimated market price for grain (EMP)

plus the seed margin (SM) minus the

higher of either the actual price received

by the seed company (AP) or the salvage

value (SV), as described in paragraph

(d)(6) of this section. The equation for

this compensation is: Compensation rate

= EMP + SM—(higher of AP or SV). The

seed margin is $4.50 per bushel for

private variety seed and $2.40 per

bushel for public variety seed. In each

case, the amount of the actual price or

the salvage value of the propagative

wheat will include the value of any

proceeds accrued through insurance

claims, judgments, or from any other

source. However, compensation will not

exceed $7.00 per bushel for private

variety seed and $4.90 per bushel for

public variety seed under any

circumstances.

(4) Seed companies that sold

propagative wheat for nonpropagative

purposes and that have claimed

compensation. Seed companies with

1995–1996 crop season wheat grown for

propagative purposes and seed

companies with propagative wheat

inventories in their possession that were

unsold as of March 1, 1996, are eligible

to receive compensation as described in

this paragraph if the propagative wheat

was sold for nonpropagative purposes

and if the seed company has claimed

compensation under paragraph (b) of

this section. The compensation rate will

equal the seed margin. The seed margin

is $4.50 per bushel for private variety

seed and $2.40 per bushel for public

variety seed.

(5) Seed companies that sold

propagative wheat for propagative

purposes. Seed companies with 1995–

1996 crop season wheat grown for

propagative purposes and seed

companies with propagative wheat

inventories in their possession that were

unsold as of March 1, 1996, are eligible

to receive compensation as described in

this paragraph if the propagative wheat

was sold for propagative purposes. The

compensation rate will equal the

estimated market price for grain (EMP)

plus the seed margin (SM) minus the

higher of either the actual price received

by the seed company (AP) or the salvage

value (SV), as described in paragraph

(d)(6) of this section. In each case, the

amount of the actual price or the salvage

value of the propagative wheat will

include the value of any proceeds

accrued through insurance claims,

judgments, or from any other source.

The equation for this compensation is:

Compensation rate = (EMP + SM)—

(higher of AP or SV). The seed margin

is $4.50 per bushel for private variety

seed and $2.40 per bushel for public

variety seed. However, compensation

will not exceed $7.00 per bushel for

private variety seed and $4.90 per

bushel for public variety seed under any

circumstances.

(6) Salvage value. Salvage values will

be determined as follows:

(i) If the wheat is positive for Karnal

bunt and is sold for use as animal feed,

salvage value equals $6.00 per

hundredweight or $3.60 per bushel for

all classes of wheat.

(ii) If the wheat is positive for Karnal

bunt and is sold for a use other than

animal feed, salvage value equals

whichever is higher of the following: the

average price paid in the region of the

regulated areas where the wheat is sold

for the relevant class of wheat (meaning

type of wheat, such as durum or hard

red winter) for the period between May

1 and June 30, 1996; or, $3.60 per

bushel.

(iii) If the wheat is negative for Karnal

bunt and is sold for any use, salvage

value equals whichever is higher of the

following: the average price paid in the

region of the regulated areas where the

wheat is sold for the relevant class of

wheat (meaning type of wheat, such as

durum or hard red winter) for the period

between May 1 and June 30, 1996; or,

$3.60 per bushel.

(7) To claim compensation.

Compensation payments for claims

made under paragraph (d) of this section

will be issued by the Farm Service

Agency (FSA). Claims for compensation

must be received by FSA on or before

[date 60 days after effective date of final

rule]. The Administrator may extend

this deadline, upon request in specific

cases, when unusual and unforeseen

circumstances occur which prevent or

hinder a claimant from requesting

compensation on or before that date. To

claim compensation, a grower or seed

company must submit to the local FSA

county office a Karnal Bunt

Compensation Claim form, provided by

FSA. If the wheat was grown in an area

that is not a regulated areas, but for

which an Emergency Action
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40763

Notification (PPQ Form 523)(EAN) for

Karnal bunt has been issued, the grower

or seed company must submit a copy of

the EAN. A grower or seed company

must also submit to the local FSA

county office a copy of the contract

under which the wheat was grown; a

copy of the Karnal bunt certificate

issued by APHIS that shows the Karnal

bunt test results; a copy of the receipt

for the final sale of the wheat, showing

the intended use for which the wheat

was sold, total bushels sold, and the

total price received by the grower or

seed company; and verification as to the

actual (not estimated) weight of the

wheat for which compensation is being

claimed (such as a copy of the limited

permit under which the wheat is being

moved, or other verification). In

addition, a seed company that is

claiming compensation on seed

inventories must certify to FSA that the

propagative wheat was in the seed

company’s possession as of March 1,

1996.

(e) Other seed company compensation

for propagative wheat. Seed companies

are also eligible to receive compensation

under the following circumstance: If a

seed company is not able to or elects not

to sell 1995–1996 crop season wheat

grown for propagative purposes or

propagative wheat inventories in their

possession that were unsold as of March

1, 1996, the compensation rate will

equal $7.00 per bushel for private

variety seed and $4.90 per bushel for

public variety seed. Compensation will

only be paid if the seed company has

destroyed the wheat by burying it in a

sanitary landfill or other site that has

been approved by APHIS. The

compensation will be issued by the

Farm Service Agency (FSA). To claim

compensation, a seed company must

submit to the local FSA county office a

Karnal Bunt Compensation Claim form,

provided by FSA. If the wheat was

grown in an area that is not a regulated

areas, but for which an Emergency

Action Notification (PPQ Form

523)(EAN) for Karnal bunt has been

issued, the seed company must submit

a copy of the EAN. A seed company

must also submit to the local FSA

county office a copy of the contract

under which the wheat was grown and

verification of how much wheat was

buried, in the form of a receipt from the

sanitary landfill or verification signed

by an APHIS inspector. In addition, a

seed company that is claiming

compensation on seed inventories must

certify to FSA that the propagative

wheat was in the seed company’s

possession as of March 1, 1996. Claims

for compensation must be received by

FSA on or before [date 60 days after

effective date of final rule]. The

Administrator may extend this deadline,

upon request in specific cases, when

unusual and unforeseen circumstances

occur which prevent or hinder a

claimant from requesting compensation

on or before that date.

* * * * *

(i) Wheat straw producers. Producers

of wheat straw (either growers who bale

their own wheat straw or individuals

contracted by growers to remove wheat

straw from the growers’ fields) made

from wheat grown in the regulated areas

in the 1995–1996 crop season are

eligible to receive compensation on a

one-time-only basis at the rate of $1.00

per 80-pound bale or $1.25 per

hundredweight. Producers are eligible

for compensation regardless of whether

or not the straw is sold, but the straw

must have been produced under

contract. Compensation payments will

be issued by the Farm Service Agency

(FSA). To claim compensation, a wheat

straw producer must submit a Karnal

Bunt Compensation Claim form,

provided by FSA, and a copy of the

contract under which the wheat straw

was produced to the local FSA county

office. Claims for compensation must be

received by FSA on or before [date 60

days after effective date of final rule].

The Administrator may extend this

deadline, upon request in specific cases,

when unusual and unforeseen

circumstances occur which prevent or

hinder a claimant from requesting

compensation prior to that date.

Done in Washington, DC, this 24th day of

July 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–20005 Filed 7–29–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–68–AD]

RIN 2120–AA64

Airworthiness Directives; Raytheon

(Beech) Model 400, 400A, 400T, MU–

300, and MU–300–10 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Raytheon (Beech) Model 400, 400A,

MU–300–10, and 2000 airplanes, and

Model 200, B200, 300, and B300 series

airplanes, that currently requires

replacement of outflow/safety valves

with serviceable valves. That AD was

prompted by a report of cracking and

consequent failure of outflow safety

valves in the pressurization system. The

actions specified by that AD are

intended to prevent such cracking and

consequent failure of the outflow/safety

valves, which could result in rapid

decompression of the airplane. This

action would revise the applicability of

the existing AD to add an airplane

model and to remove other airplanes, as

well as to reference additional service

bulletins that identify the serial

numbers of affected airplanes.

DATES: Comments must be received by

September 23, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

68–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 am and 3:00 pm,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

Allied Signal Aerospace, Technical

Publications, Dept. 65–70, P.O. Box

52170, Phoenix, Arizona 85072–2170.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Wichita

Aircraft Certification Office, 1801

Airport Road, Room 100, Mid-Continent

Airport, Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT:

Michael D. Imbler, Aerospace Engineer,

Systems and Propulsion Branch, ACE–

116W, FAA, Small Airplane Directorate,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas

67209; telephone (316) 946–4147; fax

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date