[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40839-40843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19661]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 151 / Monday, August 6, 2001 / Rules 
and Regulations  

[[Page 40839]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-016-37]
RIN 0579-AA83


Karnal Bunt; Compensation for the 1999-2000 and Subsequent Crop 
Seasons

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the Karnal bunt regulations to provide 
compensation for certain growers, handlers, seed companies, owners of 
grain storage facilities, flour millers, and participants in the 
National Karnal Bunt Survey who incurred losses and expenses because of 
Karnal bunt in the 1999-2000 crop season and afterward. The payment of 
compensation is necessary in order to reduce the economic effect of the 
Karnal bunt regulations on affected wheat growers and other individuals 
and to help obtain cooperation from affected individuals in efforts to 
contain and reduce the prevalence of Karnal bunt.

EFFECTIVE DATE: August 6, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal S. Malik, National Karnal 
Bunt Coordinator, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 
20737-1236; (301) 734-6774.

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, 
primarily through the movement of infected seed. 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 301.89-16 (referred to below as the 
regulations). 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. The regulations also provide for the payment of compensation for 
certain growers, handlers, seed companies, owners of grain storage 
facilities, flour millers, and participants in the National Karnal Bunt 
Survey who incurred losses and expenses because of Karnal bunt during 
certain years. These provisions are in Sec. 301.89-15, ``Compensation 
for growers, handlers, and seed companies in the 1996-1997 and 1997-
1998 crop seasons,'' and Sec. 301.89-16, ``Compensation for grain 
storage facilities, flour millers, and NationalSurvey participants for 
the 1996-1997 and 1997-1998 crop seasons.''
    On January 16, 2001, the Animal and Plant Health Inspection Service 
(APHIS) published in the Federal Register a proposed rule (66 FR 3505-
3511, Docket No. 96-016-33) to establish the 1999-2000 compensation 
levels. We solicited comments on our proposal for 60 days ending March 
19, 2001. We received 12 comments by that date. These comments were 
from custom harvester businesses who all used their combine harvesters 
in regulated areas in Arizona in 1996 to harvest grain for owners or to 
conduct preharvest sampling in connection with the NationalKarnal Bunt 
Survey. These commenters stated that they suffered equipment damage to 
their combine harvesters as a result of the bleach treatments required 
by the regulations before the machinery could be used afterward in 
nonregulated areas.

    Note: In a final rule published in the Federal Register and 
effective on August 21, 2000 (65 FR 50595-50598, Docket No. 99-077-
2), we amended the regulations to state that harvesters would no 
longer be required to clean and disinfect their combines prior to 
moving them out of the regulated area, as long as the machines had 
not been used to harvest host crops that actually tested positive 
for Karnal bunt, and also authorized two additional, and potentially 
less damaging, treatments, i.e., live steam and hot water and 
detergent.

    The commenters stated that the affected combines suffered paint 
loss, rusting, destruction of wiring, and other damage, and in some 
cases were rendered totally unfit for further use. They also stated 
that their businesses suffered severe revenue loss due to loss of use 
of this equipment for other contracts. These commenters requested a 
regulatory change to specifically authorize compensation for their 
losses.
    The proposed rule did not address compensation to harvesters for 
equipment damage and revenue loss, and we do not intend to make any 
changes in the final rule concerning this issue.
    The USDA has evaluated, and continues to evaluate, individual 
claims for damage to harvesters caused by Department action, but does 
not believe it is necessary to address these claims in these 
regulations.
    Several commenters suggested that there would be a continuing need 
for compensation beyond the 1999-2000 crop season. We agree that some 
compensation should be authorized for the 2000-2001 crop season and 
beyond, given that Karnal bunt continues to be identified in new 
locations. Therefore, we are changing the language of the proposed rule 
that stated that it applied to the 1999-2000 crop season to state 
instead that the rule applies to the 1999-2000 and subsequent crop 
seasons. Until further notice, growers, handlers, and seed companies 
will be eligible to receive compensation for the loss in value of their 
wheat in accordance with the regulations. Section 301.89-15(a) states 
that growers, handlers, and seed companies will be eligible for 
compensation if: The wheat was grown in a State where the Secretary has 
declared an extraordinary emergency; and the wheat was grown in an area 
of that State that became regulated for Karnal bunt after the crop was 
planted, or for which an Emergency Action Notification (PPQ Form 523) 
was issued after the crop was planted; and the wheat was grown in an 
area that remained regulated or under Emergency Action Notification at 
the time the wheat was sold. This final rule continues the principle 
stated in the proposed rule, that, in the future,

[[Page 40840]]

compensation will no longer be made available to persons growing or 
handling crops that were knowingly planted in previously regulated 
areas. Growers, handlers, and seed companies in previously regulated 
areas are eligible for compensation only for 1999-2000 and 2000-2001 
crop season wheat.
    Also, we are authorizing compensation in accordance with 
Sec. 301.89-16 for the 1999-2000, 2000-2001, and subsequent crop 
seasons for grain storage facilities, flour millers, andNational Survey 
participants whose wheat or grain storage facility tests positive for 
Karnal bunt.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule with the 
changes discussed above.

Past and Future Crop Seasons and Compensation for Already Regulated 
Areas

    This final rule also removes language from the regulations that 
provides for compensation payments for the 1996-1997 and 1997-1998 crop 
seasons. Because the deadline for submitting a claim for these crop 
seasons was October 8, 1998, and October 25, 1999, respectively, we 
believe that all claims for those years have been submitted and paid.
    At this time, for crop seasons beyond the 1999-2000 and 2000-2001 
crop seasons, we do not anticipate proposing to provide compensation to 
growers, handlers, or seed companies who were in regulated areas at the 
time they made planting and contracting decisions. We believe they know 
the risks associated with those decisions and can choose to alter their 
planting or contracting decisions to avoid experiencing losses due to 
Karnal bunt.

Effective Date

    This is a substantive rule that provides compensation to persons 
who experience economic losses in the 1999-2000 crop season and 
subsequent crop seasons because of the Karnal bunt regulations and 
emergency actions. Immediate action is necessary to compensate for 
these losses. Therefore, pursuant to the provisions of 5 U.S.C. 553, 
the Administrator of the Animal and Plant Health Inspection Service 
finds good cause for making this rule effective upon publication in the 
Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been reviewed by the Office of 
Management and Budget.
    This rule establishes compensation provisions for certain growers, 
handlers, seed companies, owners of grain storage facilities, flour 
millers, and participants in the National Karnal Bunt Survey to 
mitigate losses and expenses incurred in the 1999-2000 and subsequent 
crop seasons because of the Karnal bunt quarantine and emergency 
actions.
    In accordance with Executive Order 12866, this analysis examines 
the economic effects and the costs and benefits of providing such 
compensation. The wheat industry within the regulated area is largely 
composed of businesses that can be considered ``small'' according to 
guidelines established by the Small Business Administration (SBA). 
Therefore, this analysis also fulfills the requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), which requires 
agencies to consider the economic effects of the rule on small 
entities.
    Upon detection of Karnal bunt in Arizona in March 1996, the U.S. 
Department of Agriculture (USDA) imposed a Federal quarantine and 
emergency actions to prevent the interstate spread of the disease to 
other wheat producing areas in the United States. The unexpected 
discovery of Karnal bunt and subsequent Federal emergency actions 
disrupted the production and marketing flows of wheat in the 
quarantined areas. It was estimated that the economic effect of Karnal 
bunt quarantine and subsequent Federal actions on the wheat industry 
totaled $44 million in the 1995-1996 crop season.
    In order to alleviate some of the economic hardships and to ensure 
full and effective compliance with the quarantine program, USDA offered 
compensation to mitigate certain losses incurred by growers, handlers, 
seed companies, and other affected persons in the areas regulated for 
Karnal bunt in the 1995-1996, 1996-1997, and 1997-1998 crop seasons. 
The payment of compensation is in recognition of the fact that, while 
benefits from regulation accrue to a large portion of the wheat 
industry outside the regulated areas, the regulatory burden falls 
predominately on a small segment of the affected wheat industry within 
the regulated areas. A final rule promulgating compensation regulations 
for the 1997-1998 crop season was effective and published in the 
Federal Register on June 25, 1999 (64 FR 34109-34113, Docket No. 96-
016-35). The compensation authorized in this document, as it relates to 
the 1999-2000 and 2000-2001 crop seasons, is the same as the 
compensation offered for the 1997-1998 crop season.
    Growers, handlers, and seed companies are eligible for compensation 
for losses in the 1999-2000 and 2000-2001 crop seasons due to wheat 
grain or seed that tested positive for Karnal bunt. Only positive-
testing wheat is eligible for compensation because of the lack of 
restrictions on the movement of negative-testing wheat. As in the 1997-
1998 crop season, there are different levels of compensation, depending 
on whether the wheat was grown in an area under the first regulated 
crop season or in a previously regulated area. An area in the first 
regulated crop season is an area that became regulated for Karnal bunt 
after the crop for that particular season was planted. A previously 
regulated area is an area that became regulated for Karnal bunt before 
the crop for that particular season was planted. For the 1999-2000 crop 
season, there were no areas in the first regulated crop season. 
However, for the 2000-2001 crop season, four counties in Texas (Young, 
Throckmorton, Archer, and Baylor) and a portion of Maricopa County in 
Arizona were in the first regulated crop season.
    For growers, handlers, and seed companies in previously regulated 
areas, the compensation for positive grain or seed is $0.60 per bushel. 
Growers, handlers, and seed companies in the first regulated crop 
season are eligible for compensation at a rate not to exceed $1.80 per 
bushel. These compensation rates apply to both wheat grain and seed. 
The difference in compensation rates reflects the fact that affected 
entities in areas under the first regulated crop season would not have 
known that their area was to become regulated for Karnal bunt at the 
time that they made planting and contracting decisions and would not 
have been prepared for the loss in value of their wheat due to Karnal 
bunt. Growers and handlers in previously regulated areas knew they were 
in an area regulated for Karnal bunt at the time that they made 
planting and contracting decisions for the 1999-2000 and 2000-2001 crop 
seasons. Given the restrictions, growers and handlers could have chosen 
to alter their planting or contract decisions to avoid experiencing 
potential losses due to Karnal bunt. The compensation rates are the 
same as those offered in the 1997-1998 crop season.
    For the 1999-2000 growing season, all areas that are regulated for 
Karnal bunt are previously regulated areas. Approximately 37,000 acres 
of wheat were harvested in 2000 from the regulated areas. In the 1998-
1999 crop season, no wheat grown in the regulated

[[Page 40841]]

areas tested positive for Karnal bunt. Approximately 1 percent of wheat 
harvested from the regulated areas tested positive for Karnal bunt in 
the 1999-2000 crop season, so compensation for wheat grain and seed 
grown in the regulated areas totals approximately $17,760 (1 percent of 
37,000 acres equals 370 acres; using an estimate of 80 bushels per acre 
crop yield, 370 acres multiplied by 80 equals 29,600 bushels; 29,600 
bushels multiplied by $0.60 per bushel equals $17,760). The estimated 
total compensation of $17,760 translates into a per-grower average of 
$987, assuming that 18 growers, or 10 percent of the approximately 180 
growers in the regulated area, produced wheat that tested positive for 
Karnal bunt. The positive-testing wheat would have a market value of 
approximately $73,400 in the absence of Karnal bunt.
    For the 2000-2001 crop season, some areas that are regulated for 
Karnal bunt are previously regulated areas, and some areas are first 
regulated areas. Approximately 25,200 acres of wheat were harvested in 
2001 from previously regulated areas, of which about 7,300 acres, or 29 
percent, tested positive for Karnal bunt. The compensation for wheat 
grain and seed in previously regulated areas is approximately $319,256 
(7,274 acres multiplied by 73.15 bushels per acre average crop yield 
multiplied by $0.60 per bushel).
    An estimated 115,600 acres of wheat were harvested in 2001 from 
first regulated areas, of which about 2,800 acres, or 2 percent, tested 
positive for Karnal bunt. However, this estimate of positive wheat is 
preliminary. Better estimates will be available after we finish testing 
samples from approximately 7 million bushels of wheat that were moved 
to grain storage facilities in Texas before field testing began. To 
date, grain storage facility testing in Texas has found approximately 
1.75 million bushels of positive wheat. Based on the positive finds to 
date from both field and facility testing, the compensation for wheat 
grain and seed in first regulated areas is approximately $3.4 million--
$224,485 for the field tested wheat (2,848 acres multiplied by 43.79 
bushels per acre average crop yield multiplied by $1.80 per bushel) and 
$3,156,300 for the storage facility tested wheat (1,753,500 bushels 
multiplied by $1.80 per bushel).
    As of July 16, 2001, estimated total compensation of $3,700,041 for 
both previously regulated and first regulated areas translates into a 
per-grower average of $64,913, assuming that 57 growers produced wheat 
in the 2000-2001 crop season that tested positive for Karnal bunt. The 
positive testing wheat would have a market value of about $6.3 million 
in the absence of Karnal bunt.
    Estimating the amount of compensation that would be paid in future 
crop seasons, i.e., 2001-2002 and beyond, is difficult because of the 
many variables involved, all of which are unknown at this time (e.g., 
acres of wheat harvested, infection rates, crop yields per acre). 
However, all else being equal, compensation will be less in future crop 
seasons since growers, handlers, and seed companies in previously 
regulated areas will not be eligible for compensation as they are now.
    To compare, compensation for wheat grain and seed in the 1996-1997 
crop season totaled about $149,000. Approximately 122,000 acres of 
wheat were harvested in the 1996-1997 crop season from regulated areas 
with a Karnal bunt infection rate of 0.8 percent. Compensation for 
wheat grain and seed in the 1997-1998 crop season totaled about $1.9 
million. Approximately 181,540 acres of wheat were harvested in the 
1997-1998 crop season from regulated areas with an infection rate of 
3.2 percent. The increase in the amount of compensation paid in the 
1997-1998 crop season resulted from wetter weather conditions, which 
increased the infection rate, and the fact that positive wheat was 
commingled with negative wheat in grain storage facilities in the 
certification area in Arizona before it was known that the wheat was 
positive.
    This rule also provides compensation under specific criteria for 
the decontamination of grain storage facilities found with positive 
wheat, the treatment of millfeed, and participants in the National 
Karnal Bunt Survey whose wheat or grain storage facility is found to be 
positive for Karnal bunt. Compensation for decontamination of grain 
storage facilities will be on a one-time-only basis for up to 50 
percent of the cost of decontamination, not to exceed $20,000. We do 
not expect total compensation paid for the decontamination of grain 
storage facilities used in the 1999-2000 season to exceed $30,000. For 
the 2000-2001 crop season, such compensation is estimated at $159,000.
    We are also authorizing compensation for the cost of heat treating 
millfeed that APHIS requires to be treated, at the rate of $35 per 
short ton of millfeed. No millfeed made from wheat grown in the 
regulated area was required to be heat treated in the 1998-1999 crop 
season. Under current regulations, APHIS requires heat treatment of 
millfeed made from wheat that tested positive for Karnal bunt. Since 
little or no positive wheat is expected to be used for milling in the 
1999-2000 crop season, compensation for the heat treatment of millfeed 
in the 1999-2000 crop season will be minimal. However, for the 2000-
2001 crop season, compensation for the heat treatment of millfeed is 
estimated to cost $619,325. (This estimate of $619,325 is preliminary 
as it was made before the soon-to-begin testing of approximately 7 
million bushels of wheat in grain storage facilities in Texas.)
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of rules on small businesses, organizations, and 
governmental jurisdictions. Growers and handlers of wheat grain and 
seed, and wheat seed companies, will be those most affected by this 
rule. In the 1999-2000 crop season, there were a total of about 180 
growers in the four States with regulated areas. In the 2000-2001 crop 
season, there were an estimated 574 growers in regulated areas, 
including approximately 411 in first regulated areas in Texas and 
Arizona. Most of these entities have total annual sales of less than 
$0.75 million, the SBA's threshold for classifying wheat producers as 
small entities. Accordingly, the economic effects of this rule will 
largely be on small entities.
    This rule is expected to have a positive economic effect on all 
affected entities, large and small, but few entities are likely to be 
affected. As indicated above, only about 18 growers in regulated areas 
produced wheat that tested positive for Karnal bunt in the 1999-2000 
crop season, and only about 57 growers in first regulated and 
previously regulated areas produced wheat that tested positive for 
Karnal bunt in the 2000-2001 crop season. Compensation for the loss in 
value of wheat that tests positive for Karnal bunt serves to encourage 
compliance with testing requirements within the regulated area, thereby 
aiding in the preservation of an important wheat growing region in the 
United States. It also serves to encourage participation in the 
National Karnal Bunt Survey.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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

[[Page 40842]]

State and local officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains information collection requirements in 
addition to those described in the proposed rule. This increased burden 
resulted from changing the final rule to apply to the 1999-2000 crop 
season and all subsequent seasons, rather than to just the 1999-2000 
crop season. Under this final rule, there will be 170 burden hours for 
the first year the rule is in effect, and 85 burden hours for each 
subsequent year.
    This final rule, like the proposal, requires that growers, 
handlers, and seed companies provide certain records and documents to a 
local Farm Service Agency (FSA) office in order to claim compensation. 
Growers, handlers, and seed companies will also have to sign a Karnal 
Bunt Compensation Claim form (completed by an employee of FSA using the 
information provided by the claimant) to attest that the information on 
the form is accurate and to demonstrate acceptance of the compensation. 
Owners of grain storage facilities and flour millers must also provide 
certain records and documents to an APHIS inspector in order to claim 
compensation. This information collection is necessary in order to 
verify a claimant's eligibility for compensation and to provide 
documentation of compensation claims and payments.
    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), these information collection 
requirements have been submitted for approval to the Office of 
Management and Budget (OMB). The Office of Management and Budget (OMB) 
has approved these information collection requirements under OMB 
control number 0579-0182.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:


    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


    2. Section 301.89-15 is amended by revising the section heading, 
the introductory text to the section, the introductory text to 
paragraph (a), the introductory text to paragraph (b), and the 
introductory text to paragraph (c), to read as follows:


Sec. 301.89-15  Compensation for growers, handlers, and seed companies 
in the 1999-2000 and subsequent crop seasons.

    Growers, handlers, and seed companies are eligible to receive 
compensation from the United States Department of Agriculture (USDA) 
for the 1999-2000 and subsequent crop seasons to mitigate losses or 
expenses incurred because of the Karnal bunt regulations and emergency 
actions, as follows:
    (a) Growers, handlers, and seed companies in areas under first 
regulated crop season. Growers, handlers, and seed companies are 
eligible to receive compensation for the loss in value of their wheat 
in accordance with paragraphs (a)(1) and (a)(2) of this section if: The 
wheat was grown in a State where the Secretary has declared an 
extraordinary emergency; and the wheat was grown in an area of that 
State that became regulated for Karnal bunt after the crop was planted, 
or for which an Emergency Action Notification (PPQ Form 523) was issued 
after the crop was planted; and the wheat was grown in an area that 
remained regulated or under Emergency Action Notification at the time 
the wheat was sold. Growers, handlers, and seed companies in areas 
under the first regulated crop season are eligible for compensation for 
1999-2000 or subsequent crop season wheat and for wheat inventories in 
their possession that were unsold at the time the area became 
regulated. The compensation provided in this section is for wheat 
grain, certified wheat seed, and wheat grown with the intention of 
producing certified wheat seed.
* * * * *
    (b) Growers, handlers, and seed companies in previously regulated 
areas. For the 1999-2000 crop season and the 2000-2001 crop season 
only, growers, handlers, and seed companies are eligible to receive 
compensation for the loss in value of their wheat in accordance with 
paragraphs (b)(1) and (b)(2) of this section if: The wheat was grown in 
a State where the Secretary has declared an extraordinary emergency; 
and the wheat was grown in an area of that State that became regulated 
for Karnal bunt before the crop was planted, or for which an Emergency 
Action Notification (PPQ Form 523) was issued before the crop was 
planted; and the wheat was grown in an area that remained regulated or 
under Emergency Action Notification at the time the wheat was sold. 
Growers, handlers, and seed companies in previously regulated areas 
will not be eligible for compensation for wheat from the 2001-2002 and 
subsequent crop seasons. The compensation provided in this section is 
for wheat grain, certified wheat seed, and wheat grown with the 
intention of producing certified wheat seed.
* * * * *
    (c) To claim compensation. Compensation payments to growers, 
handlers, and seed companies under paragraphs (a) and (b) of this 
section will be issued by the Farm Service Agency (FSA). Claims for 
compensation for the 1999-2000 crop season must be received by FSA on 
or before December 4, 2001. Claims for compensation for subsequent crop 
seasons must be received by FSA on or before March 1 of the year 
following that crop season. The Administrator may extend the deadline, 
upon request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates. To claim compensation, a grower, 
handler, or seed company must complete and submit to the local FSA 
county office the following documents:
* * * * *


Sec. 301.89-16  [Amended]

    3. Section 301.89-16 is amended as follows:
    a. In the heading, by removing the words ``1996-1997 and 1997-1998 
crop seasons'' and adding the words ``1999-2000 and subsequent crop 
seasons'' in their place.
    b. In the introductory text, by removing the words `` 1996-1997 and 
1997-1998 crop seasons'' and adding the words ``1999-2000 and 
subsequent crop seasons'' in their place.
    c. In paragraphs (a), (b), (c)(1), and (c)(2), by removing the last 
three sentences in each paragraph and by adding three sentences in 
their place to read as follows: ``Claims for

[[Page 40843]]

compensation for the 1999-2000 crop season must be received by APHIS on 
or before December 4, 2001. Claims for compensation for the 2000-2001 
crop season and beyond must be received by March 1 of the year 
following that crop season. The Administrator may extend these 
deadlines upon written request in specific cases, when unusual and 
unforeseen circumstances occur that prevent or hinder a claimant from 
requesting compensation on or before these dates.''

    Done in Washington, DC, this 1st day of August 2001.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 01-19661 Filed 8-3-01; 8:45 am]
BILLING CODE 3410-34-U