Dec. 5, 2001 CODE OF FEDERAL REGULATIONS 7Parts 300 to 399 Revised as of January 1, 2002 Agriculture Containing a codification of documents of general applicability and future effect As of January 1, 2002 With Ancillaries

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Administration

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 Table of Contents Page Explanation v Title 7: Subtitle B—Regulations of the Department of Agriculture—Continued : Chapter III—Animal and Plant Health Inspection Service, Department of Agriculture 5 Finding Aids: Material Approved for Incorporation by Reference 491 Table of CFR Titles and Chapters 493 Alphabetical List of Agencies Appearing in the CFR 511 List of CFR Sections Affected 521

Cite this Code:CFR

To cite the regulations in this volume use title, part and section number. Thus, 7 CFR 300.1 refers to title 7, part 300, section 1. Explanation

The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further subdivided into parts covering specific regulatory areas.

Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:

Title 1 through Title 16

as of January 1

Title 17 through Title 27

as of April 1

Title 28 through Title 41

as of July 1

Title 42 through Title 50

as of October 1

The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

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 HOW TO USE THE CODE OF FEDERAL REGULATIONS

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To determine whether a Code volume has been amended since its revision date (in this case, January 1, 2002), consult the “List of CFR Sections Affected (LSA),” which is issued monthly, and the “Cumulative List of Parts Affected,” which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule.

 EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal Register since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usually not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut-off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text.

 OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. Many agencies have begun publishing numerous OMB control numbers as amendments to existing regulations in the CFR. These OMB numbers are placed as close as possible to the applicable recordkeeping or reporting requirements.

 OBSOLETE PROVISIONS

Provisions that become obsolete before the revision date stated on the cover of each volume are not carried. Code users may find the text of provisions in effect on a given date in the past by using the appropriate numerical list of sections affected. For the period before January 1, 1986, consult either the List of CFR Sections Affected, 1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes. For the period beginning January 1, 1986, a “List of CFR Sections Affected” is published at the end of each CFR volume.

 INCORPORATION BY REFERENCE

What is incorporation by reference? Incorporation by reference was established by statute and allows Federal agencies to meet the requirement to publish regulations in the Federal Register by referring to materials already published elsewhere. For an incorporation to be valid, the Director of the Federal Register must approve it. The legal effect of incorporation by reference is that the material is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)). This material, like any other properly issued regulation, has the force of law.

What is a proper incorporation by reference? The Director of the Federal Register will approve an incorporation by reference only when the requirements of 1 CFR part 51 are met. Some of the elements on which approval is based are:

(a) The incorporation will substantially reduce the volume of material published in the Federal Register.

(b) The matter incorporated is in fact available to the extent necessary to afford fairness and uniformity in the administrative process.

(c) The incorporating document is drafted and submitted for publication in accordance with 1 CFR part 51.

Properly approved incorporations by reference in this volume are listed in the Finding Aids at the end of this volume.

What if the material incorporated by reference cannot be found? If you have any problem locating or obtaining a copy of material listed in the Finding Aids of this volume as an approved incorporation by reference, please contact the agency that issued the regulation containing that incorporation. If, after contacting the agency, you find the material is not available, please notify the Director of the Federal Register, National Archives and Records Administration, Washington DC 20408, or call (202) 523-4534.

 CFR INDEXES AND TABULAR GUIDES

A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR Index and Finding Aids. This volume contains the Parallel Table of Statutory Authorities and Agency Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical list of agencies publishing in the CFR are also included in this volume.

An index to the text of “Title 3—The President” is carried within that volume.

The Federal Register Index is issued monthly in cumulative form. This index is based on a consolidation of the “Contents” entries in the daily Federal Register.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.

 REPUBLICATION OF MATERIAL

There are no restrictions on the republication of material appearing in the Code of Federal Regulations.

 INQUIRIES

For a legal interpretation or explanation of any regulation in this volume, contact the issuing agency. The issuing agency's name appears at the top of odd-numbered pages.

For inquiries concerning CFR reference assistance, call 202-523-5227 or write to the Director, Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408 or e-mail info@fedreg.nara.gov.

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 Raymond A. Mosley, Director, Office of the Federal Register. January 1, 2002. THIS TITLE

Title 7—Agriculture is composed of fifteen volumes. The parts in these volumes are arranged in the following order: parts 1-26, 27-52, 53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. The contents of these volumes represent all current regulations codified under this title of the CFR as of January 1, 2002.

The Food and Nutrition Service current regulations in the volume containing parts 210-299, include the Child Nutrition Programs and the Food Stamp Program. The regulations of the Federal Crop Insurance Corporation are found in the volume containing parts 400-699.

All marketing agreements and orders for fruits, vegetables and nuts appear in the one volume containing parts 900-999. All marketing agreements and orders for milk appear in the volume containing parts 1000-1199. Part 900—General Regulations is carried as a note in the volume containing parts 1000-1199, as a convenience to the user.

Redesignation tables appear in the Finding Aids section of the volumes containing parts 210-299 and parts 1600-1899.

CFRORDR.FRM <LRH>7 CFR Ch. III (1-1-02 Edition)</LRH> <RRH>Animal and Plant Health Inspection Service, USDA</RRH> <CFRTITLE> <TITLEHD> <PRTPAGE P="1"/> <HD SOURCE="HED">Title 7—Agriculture</HD> <P>(This book contains parts 300 to 399)</P> </TITLEHD> <CFRTOC> <SUBTI> <HD SOURCE="HED"> <E T="04">SUBTITLE B—Regulations of the Department of Agriculture</E> (Continued):</HD> </SUBTI> <PTHD>Part</PTHD> <CHAPTI> <SUBJECT> <E T="04">chapter iii</E>—Animal and Plant Health Inspection Service, Department of Agriculture</SUBJECT> <PG>300</PG> </CHAPTI> </CFRTOC> </CFRTITLE> <SUBTITLE> <PRTPAGE P="3"/> <HD SOURCE="HED">Subtitle B—Regulations of the Department of Agriculture (Continued)</HD> <CHAPTER> <TOC> <TOCHD> <PRTPAGE P="5"/> <HD SOURCE="HED">CHAPTER III—ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE</HD> </TOCHD> <PTHD>Part</PTHD> <PGHD>Page</PGHD> <CHAPTI> <PT>300</PT> <SUBJECT>Incorporation by reference</SUBJECT> <PG>7</PG> <PT>301</PT> <SUBJECT>Domestic quarantine notices</SUBJECT> <PG>8</PG> <PT>302</PT> <SUBJECT>District of Columbia; movement of plants and plant products</SUBJECT> <PG>157</PG> <PT>318</PT> <SUBJECT>Hawaiian and territorial quarantine notices</SUBJECT> <PG>157</PG> <PT>319</PT> <SUBJECT>Foreign quarantine notices</SUBJECT> <PG>199</PG> <PT>322</PT> <SUBJECT>Honeybees and honeybee semen</SUBJECT> <PG>356</PG> <PT>330</PT> <SUBJECT>Federal plant pest regulations; general; plant pests; soil, stone, and quarry products; garbage</SUBJECT> <PG>359</PG> <PT>331</PT> <RESERVED>Plant pest regulations governing interstate movement of certain products and articles [Reserved]</RESERVED> <PT>340</PT> <SUBJECT>Introduction of organisms and products altered or produced through genetic engineering which are plant pests or which there is reason to believe are plant pests</SUBJECT> <PG>378</PG> <PT>351</PT> <SUBJECT>Importation of plants or plant products by mail</SUBJECT> <PG>396</PG> <PT>352</PT> <SUBJECT>Plant quarantine safeguard regulations</SUBJECT> <PG>398</PG> <PT>353</PT> <SUBJECT>Export certification</SUBJECT> <PG>410</PG> <PT>354</PT> <SUBJECT>Overtime services relating to imports and exports; and user fees</SUBJECT> <PG>420</PG> <PT>355</PT> <SUBJECT>Endangered species regulations concerning terrestrial plants</SUBJECT> <PG>445</PG> <PT>356</PT> <SUBJECT>Forfeiture procedures</SUBJECT> <PG>451</PG> <PT>360</PT> <SUBJECT>Noxious weed regulations</SUBJECT> <PG>455</PG> <PT>361</PT> <SUBJECT>Importation of seed and screenings under the Federal Seed Act</SUBJECT> <PG>458<PRTPAGE P="6"/> </PG> <PT>370</PT> <SUBJECT>Freedom of information</SUBJECT> <PG>475</PG> <PT>371</PT> <SUBJECT>Organization, functions, and delegations of authority</SUBJECT> <PG>476</PG> <PT>372</PT> <SUBJECT>National Environmental Policy Act implementing procedures</SUBJECT> <PG>482</PG> <PT>380</PT> <SUBJECT>Rules of practice governing proceedings under certain acts</SUBJECT> <PG>487</PG> <PT>381-399</PT> <RESERVED>[Reserved]</RESERVED> </CHAPTI> </TOC> <PART> <PRTPAGE P="7"/> <EAR>Pt. 300</EAR> <HD SOURCE="HED">PART 300—INCORPORATION BY REFERENCE</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SECTION> <SECTNO>§ 300.1</SECTNO> <SUBJECT>Materials incorporated by reference.</SUBJECT> <EXT-XREF HREF="20011108" REFID="1">Link to an amendment published at 66 FR 56428, Nov. 8, 2001.</EXT-XREF> <P>(a) <E T="03">Plant Protection and Quarantine Treatment Manual.</E> In accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the Director of the Office of the Federal Register has approved, for incorporation by reference in 7 CFR chapter III, the Plant Protection and Quarantine Treatment Manual, which was reprinted November 30, 1992, and all revisions through May 2000; and Treatments T101-n-2 and T102-b, and Table 5-2-5, revised July 2001.</P> <P>(1) The treatments specified in the Plant Protection and Quarantine Treatment Manual and its revisions are required to authorize the movement of certain articles regulated by domestic quarantines (7 CFR parts 301 and 318) and foreign quarantines (7 CFR part 319).</P> <P>(2) <E T="03">Availability.</E> Copies of the Plant Protection and Quarantine Treatment Manual:</P> <P>(i) Are available for inspection at the Office of the Federal Register Library, 800 North Capitol Street NW, Suite 700, Washington, DC; or,</P> <P>(ii) May be obtained by writing or calling the Animal and Plant Health Inspection Service, Documents Management Branch, Printing Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD 20737-1229, (301) 734-5524; or</P> <P>(iii) May be obtained from field offices of the Animal and Plant Health Inspection Service, Plant Protection and Quarantine. Addresses of these offices may be found in local telephone directories.</P> <P>(b) <E T="03">Dry Kiln Operator's Manual.</E> The Dry Kiln Operator's Manual, which was published in August 1991 as Agriculture Handbook No. 188 by the United States Department of Agriculture, Forest Service, has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.</P> <P>(1) The kiln drying schedules specified in the Dry Kiln Operator's Manual provide a method by which certain articles regulated by “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles” (7 CFR 319.40-1 through 319.40-11) may be imported into the United States.</P> <P>(2) <E T="03">Availability.</E> Copies of the Dry Kiln Operator's Manual are available for inspection at the Office of the Federal Register Library, 800 North Capitol Street NW, Suite 700, Washington, DC, or are for sale as ISBN 0-16-035819-1 by the U.S. Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.</P> <P>(c) <E T="03">Reference Manual A.</E> The <E T="03">Reference Manual for Administration, Procedures, and Policies of the National Seed Health System</E>, which was published on February 25, 2000, by the National Seed Health System (NSHS), has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of Reference Manual A:</P> <P>(1) Are available for inspection at the Office of the Federal Register Library, 800 North Capitol Street NW, Suite 700, Washington, DC, and the APHIS Library, U.S. Department of Agriculture, 4700 River Road, Riverdale, MD 20737; or</P> <P>(2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.</P> <P>(d) <E T="03">Reference Manual B.</E> The <E T="03">Reference Manual for Seed Health Testing and Phytosanitary Field Inspection Methods</E>, which was published on February 27, 2001, by the National Seed Health System (NSHS), has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of Reference Manual B:</P> <P>(1) Are available for inspection at the Office of the Federal Register Library, 800 North Capitol Street NW, Suite 700, Washington, DC, and the APHIS Library, U.S. Department of Agriculture, <PRTPAGE P="8"/>4700 River Road, Riverdale, MD 20737; or</P> <P>(2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the A APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.</P> <CITA>[60 FR 27673, May 25, 1995, as amended at 60 FR 50384, Sept. 29, 1995; 61 FR 5924, Feb. 15, 1996; 62 FR 595, Jan. 6, 1997; 62 FR 36974, July 10, 1997; 63 FR 68164, Dec. 10, 1998; 64 FR 37665, July 13, 1999; 65 FR 37667, June 15, 2000; 66 FR 37400, July 18, 2001; 66 FR 45158, Aug. 28, 2991]</CITA> <EFFDNOTP> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 66 FR 56428, Nov. 8, 2001, in § 300.1(a), the introductory text was revised, effective Jan. 7, 2002. For the convenience of the user, the revised text is set forth as follows:</P> <REVTXT> <SECTION> <SECTNO>§ 300.1</SECTNO> <SUBJECT>Materials incorporated by reference.</SUBJECT> <P>(a) <E T="03">Plant Protection and Quarantine Treatment Manual</E>. In accordance with 5 U.S.C.552(a) and 1 CFR part 51, the Director of the Office of the Federal Register has approved, for incorporation by reference in 7 CFR chapter III, the Plant Protection and Quarantine Treatment Manual, which was reprinted November 30, 1992, and all revisions through May 2000; and Treatments T101-n-2, T102-b, and T102-e, and Table 5-2-5, revised July 2001.<STARS/> </P> </SECTION> </REVTXT> </EFFDNOTP> </SECTION> </PART> <PART> <EAR>Pt. 301</EAR> <HD SOURCE="HED">PART 301—DOMESTIC QUARANTINE NOTICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart—Imported Plants and Plant Parts</HD> <SECHD>Sec.</SECHD> <SECTNO>301.10</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.11</SECTNO> <SUBJECT>Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Black Stem Rust</HD> <SECTNO>301.38</SECTNO> <SUBJECT>Notice of quarantine; restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.38-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.38-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.38-3</SECTNO> <SUBJECT>Protected areas.</SUBJECT> <SECTNO>301.38-4</SECTNO> <SUBJECT>Interstate movement of regulated articles.</SUBJECT> <SECTNO>301.38-5</SECTNO> <SUBJECT>Assembly and inspection of regulated articles; issuance and cancellation of certificates.</SUBJECT> <SECTNO>301.38-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.38-7</SECTNO> <SUBJECT>Attachment and disposition of certificates.</SUBJECT> <SECTNO>301.38-8</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Gypsy Moth</HD> <SECTNO>301.45</SECTNO> <SUBJECT>Notice of quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <SECTNO>301.45-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.45-2</SECTNO> <SUBJECT>Authorization to designate and terminate designation of generally infested areas.</SUBJECT> <SECTNO>301.45-3</SECTNO> <SUBJECT>Generally infested areas.</SUBJECT> <SECTNO>301.45-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.</SUBJECT> <SECTNO>301.45-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates, limited permits, and outdoor household article documents.</SUBJECT> <SECTNO>301.45-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <SECTNO>301.45-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles and outdoor household articles.</SUBJECT> <SECTNO>301.45-8</SECTNO> <SUBJECT>Attachment and disposition of certificates, limited permits, and outdoor household article documents.</SUBJECT> <SECTNO>301.45-9</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <SECTNO>301.45-10</SECTNO> <SUBJECT>Movement of live gypsy moths.</SUBJECT> <SECTNO>301.45-11</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.45-12</SECTNO> <SUBJECT>Disqualification of qualified certified applicator to issue certificates.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Japanese Beetle</HD> <HD SOURCE="HD1">Quarantine and Regulations</HD> <SECTNO>301.48</SECTNO> <SUBJECT>Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.48-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.48-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated airports.</SUBJECT> <SECTNO>301.48-3</SECTNO> <SUBJECT>Notification of designation, and termination of designation, of regulated airports.</SUBJECT> <SECTNO>301.48-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States.</SUBJECT> <SECTNO>301.48-5</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <SECTNO>301.48-6</SECTNO> <SUBJECT>Movement of live Japanese beetles.</SUBJECT> <SECTNO>301.48-7</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> <SECTNO>301.48-8</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Pine Shoot Beetle</HD> <SECTNO>301.50</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.50-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.50-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.50-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.50-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.<PRTPAGE P="9"/> </SUBJECT> <SECTNO>301.50-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.50-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.50-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.50-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.50-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.50-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Asian Longhorned Beetle</HD> <SECTNO>301.51-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.51-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.51-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.51-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.51-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.51-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.51-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.51-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.51-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Pink Bollworm</HD> <HD SOURCE="HD1">Quarantine and Regulations</HD> <SECTNO>301.52</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <SECTNO>301.52-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.52-2</SECTNO> <SUBJECT>Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.</SUBJECT> <SECTNO>301.52-2a</SECTNO> <SUBJECT>Regulated areas; suppressive and generally infested areas.</SUBJECT> <SECTNO>301.52-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States.</SUBJECT> <SECTNO>301.52-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <SECTNO>301.52-5</SECTNO> <SUBJECT>Compliance agreements; and cancellation thereof.</SUBJECT> <SECTNO>301.52-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.52-7</SECTNO> <SUBJECT>Attachment and disposition of certificates or permits.</SUBJECT> <SECTNO>301.52-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <SECTNO>301.52-9</SECTNO> <SUBJECT>Movement of live pink bollworms.</SUBJECT> <SECTNO>301.52-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Mexican Fruit Fly Quarantine and Regulations</HD> <SECTNO>301.64</SECTNO> <SUBJECT>Quarantine and regulations; restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.64-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.64-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.64-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <SECTNO>301.64-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.</SUBJECT> <SECTNO>301.64-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.64-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <SECTNO>301.64-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.64-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.64-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.64-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Plum Pox</HD> <SECTNO>301.74</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.74-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.74-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.74-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.74-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.74-5</SECTNO> <SUBJECT>Compensation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Canker</HD> <HD SOURCE="HD1">Notice of Quarantine and Regulations</HD> <SECTNO>301.75-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.75-2</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <SECTNO>301.75-3</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.75-4</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.75-5</SECTNO> <SUBJECT>Commercial citrus-producing areas.</SUBJECT> <SECTNO>301.75-6</SECTNO> <SUBJECT>Interstate movement of regulated articles from a quarantined area, general requirements.</SUBJECT> <SECTNO>301.75-7</SECTNO> <SUBJECT>Interstate movement of regulated fruit from a quarantined area.</SUBJECT> <SECTNO>301.75-8</SECTNO> <SUBJECT>Interstate movement of regulated seed from a quarantined area.</SUBJECT> <SECTNO>301.75-9</SECTNO> <SUBJECT>Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.</SUBJECT> <SECTNO>301.75-10</SECTNO> <SUBJECT>Interstate movement of regulated articles through a quarantined area.</SUBJECT> <SECTNO>301.75-11</SECTNO> <SUBJECT>Treatments.</SUBJECT> <SECTNO>301.75-12</SECTNO> <SUBJECT>Certificates and limited permits.</SUBJECT> <SECTNO>301.75-13</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <SECTNO>301.75-14</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.75-15</SECTNO> <SUBJECT>Funds for the replacement of commercial citrus trees.</SUBJECT> <SECTNO>301.75-16</SECTNO> <SUBJECT>Payments for the recovery of lost production income.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Mediterranean Fruit Fly</HD> <SECTNO>301.78</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.78-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.78-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.78-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.78-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.78-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.<PRTPAGE P="10"/> </SUBJECT> <SECTNO>301.78-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.78-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.78-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.78-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.78-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Witchweed</HD> <HD SOURCE="HD1">Quarantine and Regulations</HD> <SECTNO>301.80</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <SECTNO>301.80-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.80-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.</SUBJECT> <SECTNO>301.80-2a</SECTNO> <SUBJECT>Regulated areas; generally infested and suppressive areas.</SUBJECT> <SECTNO>301.80-2b</SECTNO> <SUBJECT>Exempted articles.</SUBJECT> <SECTNO>301.80-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States.</SUBJECT> <SECTNO>301.80-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <SECTNO>301.80-5</SECTNO> <SUBJECT>Compliance agreements; and cancellation thereof.</SUBJECT> <SECTNO>301.80-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.80-7</SECTNO> <SUBJECT>Attachment and disposition of certificates or permits.</SUBJECT> <SECTNO>301.80-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <SECTNO>301.80-9</SECTNO> <SUBJECT>Movement of witchweed.</SUBJECT> <SECTNO>301.80-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Imported Fire Ant</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTNO>301.81</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.81-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.81-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.81-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.81-4</SECTNO> <SUBJECT>Interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.81-5</SECTNO> <SUBJECT>Issuance of a certificate or limited permit.</SUBJECT> <SECTNO>301.81-6</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <SECTNO>301.81-7</SECTNO> <SUBJECT>Cancellation of a certificate, limited permit, or compliance agreement.</SUBJECT> <SECTNO>301.81-8</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.81-9</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.81-10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <APP>Appendix to Subpart “Imported Fire Ant” </APP> </SUBJGRP> </SUBPART> <SUBPART> <RESERVED>Subpart—Unshu Oranges[Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Golden Nematode</HD> <HD SOURCE="HD1">Quarantine and Regulations</HD> <SECTNO>301.85</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <SECTNO>301.85-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.85-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.</SUBJECT> <SECTNO>301.85-2a</SECTNO> <SUBJECT>Regulated areas; suppressive and generally infested areas.</SUBJECT> <SECTNO>301.85-2b</SECTNO> <SUBJECT>Exempted articles.</SUBJECT> <SECTNO>301.85-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States.</SUBJECT> <SECTNO>301.85-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <SECTNO>301.85-5</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <SECTNO>301.85-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.85-7</SECTNO> <SUBJECT>Attachment and disposition of certificates and permits.</SUBJECT> <SECTNO>301.85-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <SECTNO>301.85-9</SECTNO> <SUBJECT>Movement of live golden nematodes.</SUBJECT> <SECTNO>301.85-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sugarcane Diseases</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTNO>301.87</SECTNO> <SUBJECT>Quarantine; restrictions on interstate movement of specified articles.</SUBJECT> <SECTNO>301.87-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.87-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.87-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <SECTNO>301.87-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.</SUBJECT> <SECTNO>301.87-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.87-6</SECTNO> <SUBJECT>Compliance agreement; cancellation.</SUBJECT> <SECTNO>301.87-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.87-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.87-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.87-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Karnal Bunt</HD> <SECTNO>301.89-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.89-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.89-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <SECTNO>301.89-4</SECTNO> <SUBJECT>Planting.</SUBJECT> <SECTNO>301.89-5</SECTNO> <SUBJECT>Movement of regulated articles from regulated areas.</SUBJECT> <SECTNO>301.89-6</SECTNO> <SUBJECT>Issuance of a certificate or limited permit.</SUBJECT> <SECTNO>301.89-7</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <SECTNO>301.89-8</SECTNO> <SUBJECT>Cancellation of a certificate, limited permit, or compliance agreement.<PRTPAGE P="11"/> </SUBJECT> <SECTNO>301.89-9</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.89-10</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.89-11</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.89-12</SECTNO> <SUBJECT>Cleaning and disinfection.</SUBJECT> <SECTNO>301.89-13</SECTNO> <SUBJECT>Treatments.</SUBJECT> <SECTNO>301.89-14</SECTNO> <SUBJECT>Compensation for the 1995-1996 crop season.</SUBJECT> <SECTNO>301.89-15</SECTNO> <SUBJECT>Compensation for growers, handlers, and seed companies in the 1999-2000 and subsequent crop seasons.</SUBJECT> <SECTNO>301.89-16</SECTNO> <SUBJECT>Compensation for grain storage facilities, flour millers, and National Survey participants for the 1999-2000 and subsequent crop seasons.</SUBJECT> </SUBPART> <SUBPART> <RESERVED>Subpart—Corn Cyst Nematode[Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—European Larch Canker</HD> <HD SOURCE="HD1">Quarantine and Regulations</HD> <SECTNO>301.91</SECTNO> <SUBJECT>Quarantine and regulations; restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.91-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.91-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.91-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <SECTNO>301.91-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.</SUBJECT> <SECTNO>301.91-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.91-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <SECTNO>301.91-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.91-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.91-9</SECTNO> <SUBJECT>Costs and charge.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Oriental Fruit Fly</HD> <SECTNO>301.93</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.93-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.93-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.93-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.93-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.93-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.93-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.93-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.93-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.93-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.93-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Melon Fruit Fly</HD> <SECTNO>301.97</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.97-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.97-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.97-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.97-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas.</SUBJECT> <SECTNO>301.97-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.97-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.97-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.97-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.97-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.97-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—West Indian Fruit Fly</HD> <SECTNO>301.98</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <SECTNO>301.98-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>301.98-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>301.98-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <SECTNO>301.98-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <SECTNO>301.98-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <SECTNO>301.98-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <SECTNO>301.98-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <SECTNO>301.98-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <SECTNO>301.98-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>301.98-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <EXTRACT> <P>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).</P> </EXTRACT> <SUBPART> <HD SOURCE="HED">Subpart—Imported Plants and Plant Parts</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 61212, Nov. 17, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.10</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Move (moved, movement).</E> Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved.</P> <P> <E T="03">State.</E> Any State, territory, district, or possession of the United States.</P> </SECTION> <SECTION> <PRTPAGE P="12"/> <SECTNO>§ 301.11</SECTNO> <SUBJECT>Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.</SUBJECT> <P>(a) In accordance with part 319 of this chapter, some plants and plant parts may only be imported into the United States subject to certain destination restrictions. That is, under part 319, some plants and plant parts may be imported into some States or areas of the United States but are prohibited from being imported into, entered into, or distributed within other States or areas, as an additional safeguard against the introduction and establishment of foreign plant pests and diseases.</P> <P>(b) Under this quarantine notice, whenever any imported plant or plant part is subject to destination restrictions under part 319:</P> <P>(1) The State(s) or area(s) into which the plant or plant part is allowed to be imported is quarantined with respect to that plant or plant part; and</P> <P>(2) No person shall move any plant or plant part from any such quarantined State or area into or through any State or area not quarantined with respect to that plant or plant part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Black Stem Rust</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>54 FR 32791, Aug. 10, 1989, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.38</SECTNO> <SUBJECT>Notice of quarantine; restrictions on interstate movement of regulated articles.</SUBJECT> <P>The conterminous 48 States and the District of Columbia are quarantined in order to prevent the spread of black stem rust. No person shall move interstate any regulated article except in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified employee of the Animal and Plant Health Inspection Service is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to destroy, or otherwise dispose of regulated articles as provided in sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731).</P> </FTNT> <CITA>[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In this subpart the following definitions apply:</P> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculure.</P> <P> <E T="03">Black stem rust.</E> The disease commonly known as the black stem rust of grains (<E T="03">Puccinia graminis</E>).</P> <P> <E T="03">Certificate.</E> A document in which an inspector, or a person operating under a compliance agreement, affirms that a specified regulated article has met the criteria in § 301.38-5(b) of this subpart and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between a State that is a protected area or that encompasses a protected area and a person who moves regulated articles interstate, or in a non-protected area between APHIS and such person, in which that person agrees to comply with this subpart.</P> <P> <E T="03">Departmental permit.</E> A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes, and that the regulated article is eligible for interstate movement under the conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction of rust-susceptible varieties of the genera <E T="03">Berberis, Mahoberberis,</E> and <E T="03">Mahonia</E> into protected areas.</P> <P> <E T="03">Inspector.</E> Any APHIS employee or other person authorized by the Administrator in accordance with law to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued by an inspector to allow the interstate movement into or through a protected area of regulated articles not eligible for certification under this subpart to a specified destination outside the protected area.</P> <P> <E T="03">Moved (movement, move).</E> Shipped, offered to a common carrier for shipment, received for transportation or <PRTPAGE P="13"/>transported by a common carrier, or carried, transported, moved, or allowed to be moved. “Movement” and “move” shall be construed in accordance with this definition.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity.</P> <P> <E T="03">Protected area.</E> Those States or counties designated in § 301.38-3(c) of this subpart.</P> <P> <E T="03">Rust-resistant plants.</E> All plants of the genera <E T="03">Berberis, Mahoberberis,</E> and <E T="03">Mahonia</E> species, and their progeny, that have proven resistant to black stem rust during testing by the United States Department of Agriculture,<SU>2</SU> <FTREF/> and that are listed as rust-resistant under § 301.38-2 (b) and (c).</P> <FTNT> <P> <SU>2</SU> Testing is performed by the Agricultural Research Service of USDA as follows: In a greenhouse, the suspect plant, or test subject, is placed under a screen with a control plant, <E T="03">i.e.,</E> a known rust-susceptible variety of <E T="03">Berberis, Mahoberberis,</E> or <E T="03">Mahonia.</E> Infected wheat stems, a primary host of black stem rust, are placed on top of the screen. The plants are moistened and maintained in 100% humidity, causing the spores to swell and fall on the plants lying under the screen. The plants are then observed for 7 days at 20-80% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rust-susceptible plant shows signs of infection after 7 days and the test plants do not, USDA will declare the test plant variety rust-resistant. The tests must be performed on new growth, just as the leaves are unfolding.</P> </FTNT> <P> <E T="03">Rust-susceptible plants.</E> All plants of the genera <E T="03">Berberis, Mahoberberis,</E> and <E T="03">Mahonia</E> species not listed as rust-resistant under § 301.38-2 (b) and (c).</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.38-2 (a) through (d) of this subpart or otherwise designated as a regulated article in accordance with § 301.38-2(e) of this subpart.</P> <P> <E T="03">Seedling.</E> Any plant of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E> grown from seed and having less than 2 years’ growth.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States.</P> <P> <E T="03">Two years’ growth.</E> The growth of a plant during all growing seasons of 2 successive calendar years.</P> <CITA>[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles: <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> Permit and other requirements for the interstate movement of black stem rust organisms are contained in part 330 of this chapter.</P> </FTNT> <P>(a) All seedlings and plants of less than 2 years’ growth of the genus <E T="03">Berberis</E>.</P> <P>(b) All plants, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant <E T="03">Berberis</E> species.</P> <EXTRACT> <FP SOURCE="FP-2"> <E T="03">B. aridocalida</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. beaniana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. buxifolia</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. buxifolia nana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. calliantha</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. candidula</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. candidula</E> ‘Amstelveen’</FP> <FP SOURCE="FP-2"> <E T="03">B. cavallieri</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. chenaulti</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. chanaulti</E> ‘Apricot Queen’</FP> <FP SOURCE="FP-2"> <E T="03">B. circumserrata</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. concinna</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. coxii</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. darwini</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. dasystachya</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. dubia</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. feddeana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. formosana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. franchetiana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. gagnepaini</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. gilgiana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. gladwynensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. gladwynensis ‘William Penn’</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. gyalaica</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. heterophylla</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. horvathi</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. hybrido-gagnepaini</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. insignis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. julianae</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. julianae</E> ‘Nana’</FP> <FP SOURCE="FP-2"> <E T="03">B. julianae</E> ‘Spring Glory’</FP> <FP SOURCE="FP-2"> <E T="03">B. koreana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. koreana</E> X <E T="03">B. thunbergii</E> hybrid <E T="03">Bailsel</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. koreana</E> X <E T="03">B. thunbergii</E> hybrid <E T="03">Tara</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. lempergiana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. lepidifolia</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. linearifolia</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. linearifolia</E> var. ‘Orange King’</FP> <FP SOURCE="FP-2"> <E T="03">B. lologensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. manipurana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. media</E> ‘Park Jewel’</FP> <FP SOURCE="FP-2"> <E T="03">B. media</E> ‘Red Jewel’</FP> <FP SOURCE="FP-2"> <E T="03">B. mentorensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. pallens</E> <PRTPAGE P="14"/> </FP> <FP SOURCE="FP-2"> <E T="03">B. potanini</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. Renton</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. replicata</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. sanguinea</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. sargentiana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. sikkimensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. stenophylla</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. stenophylla diversifolia</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. stenophylla irwini</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. stenophylla gracilis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. stenophylla nana compacta</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. taliensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. telomaica artisepala</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii aurea</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii argenteo marginata</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea erecta</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea erecta Marshalli</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> ‘Golden Ring’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> ‘Intermedia’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> ‘Knight Burgundy’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea nana</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> ‘Redbird’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii atropurpurea</E> ‘Rose Glow’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Bagatelle’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Bailone’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Bailtwo’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Bonanza Gold’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Crimson Pygmy’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Dwarf Jewell’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii erecta</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘globe’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘golden’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Harlequin’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Helmond Pillar’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Kobold’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Lustre Green’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii maximowiczi</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii minor</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Monry’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Monlers’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Monomb’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Pink Queen’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii pluriflora</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Sparkle’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Thornless’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii</E> ‘Upright Jewell’</FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii variegata</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. thunbergii xanthocarpa</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. triacanthophora</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. triculosa</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. verruculosa</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. virgatorum</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. workingensis</E> </FP> <FP SOURCE="FP-2"> <E T="03">B. xanthoxylon</E> </FP> </EXTRACT> <P>(c) All plants, seedlings, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant <E T="03">Mahoberberis</E> and <E T="03">Mahonia</E> species, except <E T="03">Mahonia</E> cuttings for decorative purposes:</P> <P>(1) Genera <E T="03">Mahoberberis:</E> </P> <EXTRACT> <FP SOURCE="FP-2"> <E T="03">M. aqui-candidula</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. aqui-sargentiae</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. miethkeana</E> </FP> </EXTRACT> <P>(2) Genera <E T="03">Mahonia:</E> </P> <EXTRACT> <FP SOURCE="FP-2"> <E T="03">M. amplectens</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium atropurpurea</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium compacta</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium compacta</E> ‘John Muir’</FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium</E> ‘Donewell’</FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium</E> ‘Kings Ransom’</FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium</E> ‘Orangee Flame’</FP> <FP SOURCE="FP-2"> <E T="03">M. aquifolium</E> ‘Winter Sun’</FP> <FP SOURCE="FP-2"> <E T="03">M.</E> ‘Arthur Menzies’</FP> <FP SOURCE="FP-2"> <E T="03">M. bealei</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. dictyota</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. fortunei</E> </FP> <FP SOURCE="FP-2"> <E T="03">M.</E> ‘Golden Abundance’</FP> <FP SOURCE="FP-2"> <E T="03">M. japonica</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. lomarifolia</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. nervosa</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. pinnata</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. pinnata</E> ‘Ken Hartman’</FP> <FP SOURCE="FP-2"> <E T="03">M. piperiana</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. pumila</E> </FP> <FP SOURCE="FP-2"> <E T="03">M. repens</E> </FP> </EXTRACT> <P>(d) All plants, seeds, fruits, and other plant parts capable of propagation from rust-susceptible species and varieties of the general <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E>, and seedlings from rust-susceptible species and varieties of the genera <E T="03">Mahoberberis</E> and <E T="03">Mahonia</E>, except <E T="03">Mahonia</E> cuttings for decorative purposes.</P> <P>(e) Any other product or article not listed in paragraphs (a) through (d) of this section, that an inspector determines presents a risk of spread of black stem rust. The inspector must notify the person in possession of the product or article that it is subject to the provisions of this subpart.</P> <CITA>[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 56 FR 7784, Feb. 26, 1991; 57 FR 54166, Nov. 17, 1992; 58 FR 8820, Feb. 17, 1993; 59 FR 9066, Feb. 25, 1994; 59 FR 17917, Apr. 15, 1994; 60 FR 38667, July 28, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-3</SECTNO> <SUBJECT>Protected areas.</SUBJECT> <P>(a) The Administrator may designate as a protected area in paragraph (c) of this section any State that has eradicated rust-susceptible plants of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E> under the cooperative Federal-State eradication program. In addition, the State must employ personnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38-5, and maintain and enforce an inspection program <PRTPAGE P="15"/>under which every plant nursery within the State is inspected at least once each year to ensure that they are free of rust-susceptible plants. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E>, and that the plants are true to type. Plants that do not meet this criteria must be destroyed.</P> <P>(b) The Administrator may designate as a protected area any county within a State, rather than the entire State, if areas within the State have eradicated rust-susceptible plants of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E> under the cooperative Federal-State program, and;</P> <P>(1) The State employs personnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38-5;</P> <P>(2) The State is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles, as determined by the Administrator; and</P> <P>(3) The State maintains and enforces an inspection program under which every plant nursery within the county is inspected at least once each year to ensure that plant nurseries within that area are free of rust-susceptible plants of the genera <E T="03">Berberis, Mahoberberis</E>, and <E T="03">Mahonia</E>. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E>, and that the plants are true to type. Plants that do not meet this criteria must be destroyed.</P> <P>(c) All seed used to propagate plants of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E> in protected areas, and all seed used to propagate plants of the genera <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E> that are certified as rust-resistant for interstate movement into protected areas, must be produced at properties where a State inspector has verified that no wild or domesticated rust-susceptible plants are growing at or within one-half mile of the property.<SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU> Persons performing the inspections must be able to recognize rust-susceptible varieties of <E T="03">Berberis</E>, <E T="03">Mahoberberis</E>, and <E T="03">Mahonia</E>. Inspectors must work side by side, 10 to 20 feet apart, and walk outward away from the property a distance of one-half mile measured from the edge of the property, and observe all plants growing in the half-mile band. The distance between the inspectors may vary within this range, depending upon the visibility of the plant growth. In areas with low brush and flat terrain, the inspectors may be the maximum distance of 20 feet apart if they can observe all plants growing within 10 feet of them. In areas of high plant growth or hilly terrain, the inspectors must be closer together due to limited or obstructed visibility. Inspectors must observe all plants growing between themselves and the mid-point of the distance between themselves and the next inspector. This process must be repeated so that the entire band, measured from the border of the property to the circumference of an imaginary circle having the property as its mid-point, is visually inspected in this manner.</P> </FTNT> <P>(d) The following are designated as protected areas:</P> <P>(1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.</P> <P>(2) The following counties in the State of Washington: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, Yakima.</P> <P>(e) Each State that is a protected area or that encompasses a protected area must submit annually to the Administrator a written statement, signed by an inspector, assuring APHIS that all nursery inspections have been performed in accordance with this section. The statement must be submitted by January 1st of each year, and must include a list of the nurseries inspected and found free of rust-susceptible plants.</P> <P>(f) The Administrator may remove a protected area from the list of designated protected areas in paragraph (c) of this section if he or she determines that it no longer meets the criteria of paragraph (a) or (b)(1) through <PRTPAGE P="16"/>(3) of this section. A hearing will be held to resolve any conflict as to any material fact. Rules of practice for the hearing shall be adopted by the Administrator.</P> <CITA>[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 57 FR 3118, Jan. 28, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-4</SECTNO> <SUBJECT>Interstate movement of regulated articles.</SUBJECT> <P>(a) <E T="03">Non-protected areas.</E> (1) Interstate movement of regulated articles into or through any State or area that is not designated a protected area under § 301.38-3(c) is allowed without restriction under this subpart.</P> <P>(b) <E T="03">Protected areas</E>—(1) <E T="03">Prohibited movement.</E> The following regulated articles are prohibited from moving interstate into or through any protected area:</P> <P>(i) All <E T="03">Berberis</E> seedlings and plants of less than 2 years’ growth, and rust-susceptible <E T="03">Berberis</E> plants, seeds, fruits, and other plant parts capable of propagation.</P> <P>(ii) Rust-susceptible <E T="03">Mahoberberis</E> and <E T="03">Mahonia</E> plants, seedlings, seeds, fruits, and other plant parts capable of propagation.</P> <P>(2) <E T="03">Restricted movement:</E> The following regulated articles may be moved interstate into or through a protected area with a certificate issued and attached in accordance with §§ 301.38-5 and 301.38-7 of this subpart:</P> <P>(i) Plants of at least two years’ growth, seeds, fruits, and other plant parts capable of propagation of the genus <E T="03">Berberis</E> that are designated as rust-resistant in § 301.38-2(b) of this subpart;</P> <P>(ii) Plants, seedlings, seeds, fruits, and other plant parts capable of propagation of the genera <E T="03">Mahoberberis</E> and <E T="03">Mahonia</E> that are designated as rust-resistant in § 301.38-2(c) of this subpart.</P> <P>(c) An inspector may issue a limited permit to allow a regulated article not eligible for certification under § 301.38-4(b)(2) to move interstate into or through a protected area to a specified destination that is stated in the permit and is outside the protected area, if the requirements of all other applicable Federal domestic plant quarantines are met. A regulated article moved interstate under a limited permit must be placed in a closed sealed container that prevents unauthorized removal of the regulated article, and that remains sealed until the regulated article reaches the final destination stated in the permit. At the final destination, the sealed container must be opened only in the presence of an inspector or with the authorization of an inspector obtained expressly for that shipment.</P> <P>(d) The United States Department of Agriculture may move any regulated article interstate into or through a protected area in accordance with the conditions determined necessary to prevent the introduction or spread of black stem rust in protected areas, as specified in a Departmental permit issued for this purpose.</P> </SECTION> <SECTION> <SECTNO>§ 301.38-5</SECTNO> <SUBJECT>Assembly and inspection of regulated articles: issuance and cancellation of certificates.</SUBJECT> <P>(a) Any person, other than a person authorized to issue certificates under paragraph (c) of this section, who desires to move interstate a regulated article that must be accompanied by a certificate under § 301.38-4(b), shall, as far in advance of the desired interstate movement as possible (and no less than 48 hours before the desired interstate movement), request an inspector <SU>5</SU> <FTREF/> to issue a certificate. To expedite the issuance of a certificate, an inspector may direct that the regulated articles be assembled in a manner that facilitates inspection.</P> <FTNT> <P> <SU>5</SU> Services of an inspector may be requested by contacting a local APHIS office (listed in telephone directories under Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine). The addresses and telephone numbers of local offices may also be obtained by writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) An inspector may issue a certificate for the interstate movement of a regulated article if he or she:</P> <P>(1) Determines, upon examination, that the regulated article may be moved interstate in accordance with § 301.38-4; and<PRTPAGE P="17"/> </P> <P>(2) Determines that the regulated article may be moved interstate in accordance with all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) Certificates for interstate movement of regulated articles may be issued by an inspector to a person operating under a compliance agreement for use with subsequent shipments of regulated articles to facilitate their movement. A person operating under a compliance agreement must make the determinations set forth in paragraph (b) of this section before shipping any regulated articles.</P> <P>(d) Any certificate that has been issued may be withdrawn by an inspector, orally or in writing, if he or she determines that the holder of the certificate has not complied with the conditions of this subpart for the use of the certificate. If the withdrawal is oral, the inspector will confirm the withdrawal and the reasons for the withdrawal, in writing, within 20 days of oral notification of the withdrawal. Any person whose certificate has been withdrawn may appeal the decision, in writing within 10 days after receiving written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate was wrongfully withdrawn. A hearing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The certificate will remain withdrawn pending decision of the appeal.</P> <CITA>[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any State may enter into a written compliance agreement with any person who grows or handles regulated articles in a protected area, or moves interstate regulated articles from a protected area, under which that person agrees to comply with this subpart, to provide inspectors with information concerning the source of any regulated articles acquired each year, and to prevent the unauthorized use of certificates issued for future use under the compliance agreement.<SU>6</SU> <FTREF/> </P> <FTNT> <P> <SU>6</SU> In non-protected areas, compliance agreements may be arranged by contacting a local office of the Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine, or by writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) A compliance agreement may be cancelled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed, in writing, within 20 days of oral notification of the cancellation. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. A hearing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The compliance agreement will remain cancelled pending decision of the appeal.</P> <CITA>[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.38-7</SECTNO> <SUBJECT>Attachment and disposition of certificates.</SUBJECT> <P>(a) The certificate required for the interstate movement of a regulated article must, at all times during the interstate movement, be attached to the outside of the container containing the regulated article except as follows:</P> <P>(1) The certificate may be attached to the regulated article itself if it is not in container; or<PRTPAGE P="18"/> </P> <P>(2) The certificate may be attached to the accompanying waybill or other shipping document if the regulated article is identified and described on the certificate or waybill.</P> <P>(b) The carrier must furnish the certificate to the consignee at the destination of the regulated article.</P> </SECTION> <SECTION> <SECTNO>§ 301.38-8</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of an inspector <SU>4</SU> during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without cost to persons requiring the services. The United States Department of Agriculture will not be responsible for any other costs or charges.</P> <CITA>[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Gypsy Moth</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>58 FR 39423, July 23, 1993, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.45</SECTNO> <SUBJECT>Notice of quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <P>(a) <E T="03">Notice of quarantine.</E> Pursuant to the provisions of , sections 411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby quarantines the States of Connecticut, Delaware, District of Columbia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and Wisconsin in order to prevent the spread of the gypsy moth, <E T="03">Lymantria dispar</E> (Linnaeus), a dangerous insect injurious to forests and shade trees and not theretofore widely prevalent or distributed within or throughout the United States; and establishes regulations governing the interstate movement from generally infested areas of the quarantined States of regulated articles and outdoor household articles defined in § 301.45-1.</P> <P>(b) <E T="03">Restrictions on the interstate movement of regulated articles and outdoor household articles.</E> No common carrier or other person may move interstate from any generally infested area any regulated article or outdoor household article except in accordance with the conditions prescribed in this subpart.</P> <CITA>[58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 FR 38280, July 16, 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 17, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (APHIS).</P> <P> <E T="03">Associated equipment.</E> Articles associated and moved with mobile homes and recreational vehicles, such as, but not limited to, awnings, tents, outdoor furniture, trailer blocks, and trailer skirts.</P> <P> <E T="03">Certificate.</E> A document issued by an inspector, or by a qualified certified applicator or any other person operating in accordance with a compliance agreement, to allow the movement of regulated articles to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between a person engaged in growing, handling, or moving regulated articles, and APHIS, wherein the former agrees to comply with the requirements of the compliance agreement.</P> <P> <E T="03">Effectively diminishing.</E> An eradication program is considered to be effectively diminishing the gypsy moth population of an area if the results of two successive annual Federal or State delimiting trapping surveys of the area conducted in accordance with Section II, “Survey Procedures—Gypsy Moth,” of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap in the second delimiting survey (when comparable geographical areas and trapping densities are used) is: (1) Less than 10, and (2) less than the average number of gypsy moths caught per trap in the first survey.<PRTPAGE P="19"/> </P> <P> <E T="03">Eradication program.</E> A program that uses pesticide application, biological controls, or other methods with the goal of eliminating gypsy moth from a particular area.</P> <P> <E T="03">General infestation.</E> (1) The detection of gypsy moth egg masses through visual inspection by an inspector during a 10-minute walk through the area; however, it does not include the presence of gypsy moth egg masses which are found as a result of hitchhiking on transitory means of conveyance; or</P> <P>(2) The detection of gypsy moth through multiple catches of adult gypsy moths at multiple trapping locations in the area over a period of 2 or more consecutive years, if the Administrator determines, after consulting with the State plant regulatory official, that gypsy moth is established in the area.</P> <P> <E T="03">Generally infested area.</E> Any State, or portion thereof, listed as a generally infested area in § 301.45-3 or temporarily designated as a generally infested area in accordance with § 301.45-2(c).</P> <P> <E T="03">Gypsy moth.</E> The live insect known as the gypsy moth, <E T="03">Lymantria dispar</E> (Linnaeus), in any life stage (egg, larva, pupa, adult).</P> <P> <E T="03">Inspector.</E> Any employee of APHIS, a State government, or any other person, authorized by the Administrator in accordance with law to enforce the provisions of the quarantine and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued by an inspector to allow the interstate movement of regulated articles to a specified destination.</P> <P> <E T="03">Mobile home.</E> Any vehicle, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business.</P> <P> <E T="03">Move (movement, moved).</E> Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. “Movement” and “moved” shall be construed in accordance with this definition.</P> <P> <E T="03">Outdoor household articles.</E> Articles associated with a household that have been kept outside the home such as awnings, barbecue grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor furniture and toys, recreational vehicles and associated equipment, and tents.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Qualified certified applicator.</E> Any individual (1) certified pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial applicator in a category allowing use of the restricted pesticides Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and acephate (Orthene<E T="51">®</E>); (2) who has attended and completed a workshop approved by the Administrator on the identification and treatment of gypsy moth life stages on outdoor household articles and mobile homes; and (3) who has entered into a compliance agreement in accordance with § 301.45-6 of this part for the purpose of inspecting, treating, and issuing certificates for the movement of outdoor household articles and mobile homes.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Names of qualified certified applicators and plant regulatory officials for the States and Territories of the United States are available upon request from the regional offices of the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, or from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P> <E T="03">Recreational vehicles.</E> Highway vehicles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as temporary places of dwelling.</P> <P> <E T="03">Regulated articles.</E> (1) Trees without roots (e.g., Christmas trees), trees with roots, and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year.</P> <P>(2) Logs, pulpwood, and wood chips.</P> <P>(3) Mobile homes and associated equipment.</P> <P>(4) Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high <PRTPAGE P="20"/>risk of artificial spread of gypsy moth infestation and the person in possession thereof has been so notified.</P> <P> <E T="03">State.</E> Any State, Territory, or District of the United States including Puerto Rico.</P> <P> <E T="03">Treatment manual.</E> The provisions currently contained in the Gypsy Moth Program Manual <SU>2</SU> <FTREF/> and the Plant Protection and Quarantine Treatment Manual. <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> Pamphlets containing such provisions are available upon request to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth Program Manual are published as an appendix to these regulations.</P> </FTNT> <FTNT> <P> <SU>3</SU> The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.”</P> </FTNT> <P> <E T="03">Under the direction of.</E> Monitoring treatments to assure compliance with the requirements in this subpart.</P> <P> <E T="03">Under the direct supervision of a qualified certified applicator.</E> An inspection or treatment is considered to be applied under the direct supervision of a qualified certified applicator if the inspection or treatment is performed by a person acting under the instructions of a qualified certified applicator who is available if and when needed, even though such qualified certified applicator is not physically present at the time and place the inspection or treatment occurred.</P> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-2</SECTNO> <SUBJECT>Authorization to designate and terminate designation of generally infested areas.</SUBJECT> <P>(a) Generally infested areas. The Administrator shall list as generally infested areas in § 301.45-3 each State or each portion thereof in which a gypsy moth general infestation has been found by an inspector, or each portion of a State which the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities; Except that, an area shall not be listed as a generally infested area if the Administrator has determined that:</P> <P>(1) The area is subject to a gypsy moth eradication program conducted by the Federal government or a State government in accordance with the Integrated Pest Management (IPM) alternative of the Final Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and Eradication Projects that was filed with the United States Environmental Protection Agency on March 18, 1985; and</P> <P>(2) State or Federal delimiting trapping surveys conducted in accordance with Section II, “Survey Procedures—Gypsy Moth” of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap is less than 10 and that the trapping surveys show that the eradication program is effectively diminishing the gypsy moth population of the area.</P> <P>(b) Less than an entire State will be designated as a generally infested area only if the Administrator has determined that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and,</P> <P>(2) The designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth.</P> <P>(c) Temporary designation of areas as generally infested areas. The Administrator or an inspector may temporarily designate any area in any State as a generally infested area in accordance with the criteria specified in paragraph (a) of this section. An inspector will give written notice of the designation to the owner or person in possession of the area and thereafter, the interstate movement of any regulated article from such areas is subject to the applicable provisions of this subpart. As soon as practicable, each generally infested area will be added to the list in § 301.45-3 or the designation will be terminated by the Administrator or an <PRTPAGE P="21"/>authorized inspector, and notice thereof shall be given to the owner or person in possession of the areas.</P> <P>(d) Termination of designation as a generally infested area. The Administrator shall terminate the designation of any area as a generally infested area whenever the Administrator determines that the area no longer requires designation under the criteria specified in paragraph (a) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 301.45-3</SECTNO> <SUBJECT>Generally infested areas.</SUBJECT> <P>(a) The areas described below are designated as generally infested areas:</P> <HD SOURCE="HD3">Connecticut</HD> <P>The entire State.</P> <HD SOURCE="HD3">Delaware</HD> <P>The entire State.</P> <HD SOURCE="HD3">District of Columbia</HD> <P>The entire district.</P> <HD SOURCE="HD3">Illinois</HD> <P> <E T="03">Lake County.</E> The entire county.</P> <HD SOURCE="HD3">Indiana</HD> <P> <E T="03">Allen County.</E> The entire county.</P> <P> <E T="03">De Kalb County.</E> The entire county.</P> <P> <E T="03">Elkhart County.</E> The entire county.</P> <P> <E T="03">LaGrange County.</E> The entire county.</P> <P> <E T="03">Noble County.</E> The entire county.</P> <P> <E T="03">Porter County.</E> The entire county.</P> <P> <E T="03">Steuben County.</E> The entire county.</P> <HD SOURCE="HD3">Maine</HD> <P> <E T="03">Androscoggin County.</E> The entire county.</P> <P> <E T="03">Aroostook County.</E> The townships of Bancroft, Benedicta, Crystal, Island Falls, Macwahoc Plantation, Molunkus, North Yarmouth Academy Grant, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston, and 1 R5 WELS.</P> <P> <E T="03">Cumberland County.</E> The entire county.</P> <P> <E T="03">Franklin County.</E> The townships of Avon, Carthage, Chesterville, Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, Washington, Weld, Wilton, Wyman, 6, D and E.</P> <P> <E T="03">Hancock County.</E> The entire county.</P> <P> <E T="03">Kennebec County.</E> The entire county.</P> <P> <E T="03">Knox County.</E> The entire county.</P> <P> <E T="03">Lincoln County.</E> The entire county.</P> <P> <E T="03">Oxford County.</E> The townships of Adamstown, Albany, Andover, Andover North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, Upton, Waterford, Woodstock, C, and C Surplus.</P> <P> <E T="03">Penobscot County.</E> The townships of Alton, Argyle, Bangor City, Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, Lagrange, Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport, Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9 NWP, 5 R1 NBPP, and 2 R8 WELS.</P> <P> <E T="03">Piscataquis County.</E> The townships of Abbott, Atkinson, Barnard, Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, Willington, 1 <PRTPAGE P="22"/>R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.</P> <P> <E T="03">Sagadahoc County.</E> The entire county.</P> <P> <E T="03">Somerset County.</E> The townships of Anson, Athens, Bald Mountain, Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk, Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland Plantation, Lexington Plantation, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, Pleasant Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans, Starks, The Forks Plantation, and West Forks Plantation.</P> <P> <E T="03">Waldo County.</E> The entire county.</P> <P> <E T="03">Washington County.</E> The entire county.</P> <P> <E T="03">York County.</E> The entire county.</P> <HD SOURCE="HD3">Maryland</HD> <P>The entire State.</P> <HD SOURCE="HD3">Massachusetts</HD> <P>The entire State.</P> <HD SOURCE="HD3">Michigan</HD> <P>The entire State.</P> <HD SOURCE="HD3">New Hampshire</HD> <P>The entire State.</P> <HD SOURCE="HD3">New Jersey</HD> <P>The entire State.</P> <HD SOURCE="HD3">New York</HD> <P>The entire State.</P> <HD SOURCE="HD3">North Carolina</HD> <P> <E T="03">Currituck County.</E> The entire county.</P> <P> <E T="03">Dare County.</E> The area bounded by a line beginning at the intersection of State Road 1208 and Roanoke Sound; then easterly along this road to its junction with State Road 1206; then southerly along this road to its intersection with U.S. Highway Business 158; then easterly along an imaginary line to its intersection with the Atlantic Ocean; then northwesterly along the coastline to its intersection with the Dare-Currituck County line; then westerly along this county line to its intersection with the Currituck Sound; then southeasterly along this sound to the point of beginning.</P> <HD SOURCE="HD3">Ohio</HD> <P> <E T="03">Ashland County.</E> The entire county.</P> <P> <E T="03">Ashtabula County.</E> The entire county.</P> <P> <E T="03">Belmont County.</E> The entire county.</P> <P> <E T="03">Carroll County.</E> The entire county.</P> <P> <E T="03">Columbiana County.</E> The entire county.</P> <P> <E T="03">Coshocton County.</E> The entire county.</P> <P> <E T="03">Cuyahoga County.</E> The entire county.</P> <P> <E T="03">Defiance County.</E> The entire county.</P> <P> <E T="03">Erie County.</E> The entire county.</P> <P> <E T="03">Fairfield County.</E> The entire county.</P> <P> <E T="03">Fulton County.</E> The entire county.</P> <P> <E T="03">Geauga County.</E> The entire county.</P> <P> <E T="03">Guernsey County.</E> The entire county.</P> <P> <E T="03">Harrison County.</E> The entire county.</P> <P> <E T="03">Henry County.</E> The entire county.</P> <P> <E T="03">Holmes County.</E> The entire county.</P> <P> <E T="03">Huron County.</E> The entire county.</P> <P> <E T="03">Jefferson County.</E> The entire county.</P> <P> <E T="03">Knox County.</E> The entire county.</P> <P> <E T="03">Lake County.</E> The entire county.</P> <P> <E T="03">Licking County.</E> The entire county.</P> <P> <E T="03">Lorain County.</E> The entire county.</P> <P> <E T="03">Lucas County.</E> The entire county.</P> <P> <E T="03">Mahoning County.</E> The entire county.</P> <P> <E T="03">Medina County.</E> The entire county.</P> <P> <E T="03">Monroe County.</E> The entire county.</P> <P> <E T="03">Morgan County.</E> The entire county.</P> <P> <E T="03">Muskingum County.</E> The entire county.</P> <P> <E T="03">Noble County.</E> The entire county.</P> <P> <E T="03">Ottawa County.</E> The entire county.</P> <P> <E T="03">Perry County.</E> The entire county.</P> <P> <E T="03">Portage County.</E> The entire county.</P> <P> <E T="03">Richland County.</E> The entire county.</P> <P> <E T="03">Sandusky County.</E> The entire county.</P> <P> <E T="03">Stark County.</E> The entire county.</P> <P> <E T="03">Summit County.</E> The entire county.</P> <P> <E T="03">Trumbull County.</E> The entire county.</P> <P> <E T="03">Tuscarawas County.</E> The entire county.</P> <P> <E T="03">Washington County.</E> The entire county.</P> <P> <E T="03">Wayne County.</E> The entire county.</P> <P> <E T="03">Williams County.</E> The entire county.</P> <P> <E T="03">Wood County.</E> The entire county.</P> <HD SOURCE="HD3">Pennsylvania</HD> <P>The entire State.</P> <HD SOURCE="HD3">Rhode Island</HD> <P>The entire State.<PRTPAGE P="23"/> </P> <HD SOURCE="HD3">Vermont</HD> <P>The entire State.</P> <HD SOURCE="HD3">Virginia</HD> <P> <E T="03">City of Alexandria.</E> The entire city.</P> <P> <E T="03">City of Bedford.</E> The entire city.</P> <P> <E T="03">City of Buena Vista.</E> The entire city.</P> <P> <E T="03">City of Charlottesville.</E> The entire city.</P> <P> <E T="03">City of Chesapeake.</E> The entire city.</P> <P> <E T="03">City of Colonial Heights.</E> The entire city.</P> <P> <E T="03">City of Danville.</E> The entire city.</P> <P> <E T="03">City of Emporia.</E> The entire city.</P> <P> <E T="03">City of Fairfax.</E> The entire city.</P> <P> <E T="03">City of Falls Church.</E> The entire city.</P> <P> <E T="03">City of Franklin.</E> The entire city.</P> <P> <E T="03">City of Fredericksburg.</E> The entire city.</P> <P> <E T="03">City of Hampton.</E> The entire city.</P> <P> <E T="03">City of Harrisonburg.</E> The entire city.</P> <P> <E T="03">City of Hopewell.</E> The entire city.</P> <P> <E T="03">City of Lexington.</E> The entire city.</P> <P> <E T="03">City of Lynchburg.</E> The entire city.</P> <P> <E T="03">City of Manassas.</E> The entire city.</P> <P> <E T="03">City of Manassas Park.</E> The entire city.</P> <P> <E T="03">City of Newport News.</E> The entire city.</P> <P> <E T="03">City of Norfolk.</E> The entire city.</P> <P> <E T="03">City of Petersburg.</E> The entire city.</P> <P> <E T="03">City of Poquoson.</E> The entire city.</P> <P> <E T="03">City of Portsmouth.</E> The entire city.</P> <P> <E T="03">City of Richmond.</E> The entire city.</P> <P> <E T="03">City of South Boston.</E> The entire city.</P> <P> <E T="03">City of Staunton.</E> The entire city.</P> <P> <E T="03">City of Suffolk.</E> The entire city.</P> <P> <E T="03">City of Virginia Beach.</E> The entire city.</P> <P> <E T="03">City of Waynesboro.</E> The entire city.</P> <P> <E T="03">City of Williamsburg.</E> The entire city.</P> <P> <E T="03">City of Winchester.</E> The entire city.</P> <P> <E T="03">Accomack County.</E> The entire county.</P> <P> <E T="03">Albemarle County.</E> The entire county.</P> <P> <E T="03">Alleghany County.</E> The entire county.</P> <P> <E T="03">Amelia County.</E> The entire county.</P> <P> <E T="03">Amherst County.</E> The entire county.</P> <P> <E T="03">Appomattox County.</E> The entire county.</P> <P> <E T="03">Arlington County.</E> The entire county.</P> <P> <E T="03">Augusta County.</E> The entire county.</P> <P> <E T="03">Bath County.</E> The entire county.</P> <P> <E T="03">Bedford County.</E> The entire county.</P> <P> <E T="03">Botetourt County.</E> The entire county.</P> <P> <E T="03">Brunswick County.</E> The entire county.</P> <P> <E T="03">Buckingham County.</E> The entire county.</P> <P> <E T="03">Campbell County.</E> The entire county.</P> <P> <E T="03">Caroline County.</E> The entire county.</P> <P> <E T="03">Charles City County.</E> The entire county.</P> <P> <E T="03">Charlotte County.</E> The entire county.</P> <P> <E T="03">Chesterfield County.</E> The entire county.</P> <P> <E T="03">Clarke County.</E> The entire county.</P> <P> <E T="03">Culpeper County.</E> The entire county.</P> <P> <E T="03">Cumberland County.</E> The entire county.</P> <P> <E T="03">Dinwiddie County.</E> The entire county.</P> <P> <E T="03">Essex County.</E> The entire county.</P> <P> <E T="03">Fairfax County.</E> The entire county.</P> <P> <E T="03">Fauquier County.</E> The entire county.</P> <P> <E T="03">Fluvanna County.</E> The entire county.</P> <P> <E T="03">Frederick County.</E> The entire county.</P> <P> <E T="03">Gloucester County.</E> The entire county.</P> <P> <E T="03">Goochland County.</E> The entire county.</P> <P> <E T="03">Greene County.</E> The entire county.</P> <P> <E T="03">Greensville County.</E> The entire county.</P> <P> <E T="03">Halifax County</E> The entire county.</P> <P> <E T="03">Hanover County.</E> The entire county.</P> <P> <E T="03">Henrico County.</E> The entire county.</P> <P> <E T="03">Highland County.</E> The entire county.</P> <P> <E T="03">Isle of Wight County.</E> The entire county.</P> <P> <E T="03">James City County.</E> The entire county.</P> <P> <E T="03">King and Queen County.</E> The entire county.</P> <P> <E T="03">King George County.</E> The entire county.</P> <P> <E T="03">King William County.</E> The entire county.</P> <P> <E T="03">Lancaster County.</E> The entire county.</P> <P> <E T="03">Loudoun County.</E> The entire county.</P> <P> <E T="03">Louisa County.</E> The entire county.</P> <P> <E T="03">Lunenburg County.</E> The entire county.</P> <P> <E T="03">Madison County.</E> The entire county.</P> <P> <E T="03">Mathews County.</E> The entire county.</P> <P> <E T="03">Mecklenburg County</E> The entire county.</P> <P> <E T="03">Middlesex County.</E> The entire county.</P> <P> <E T="03">Nelson County.</E> The entire county.</P> <P> <E T="03">New Kent County.</E> The entire county.</P> <P> <E T="03">Northampton County.</E> The entire county.</P> <P> <E T="03">Northumberland County.</E> The entire county.</P> <P> <E T="03">Nottoway County.</E> The entire county.</P> <P> <E T="03">Orange County.</E> The entire county.</P> <P> <E T="03">Page County.</E> The entire county.</P> <P> <E T="03">Pittsylvania County.</E> The entire county.</P> <P> <E T="03">Powhatan County.</E> The entire county.</P> <P> <E T="03">Prince Edward County.</E> The entire county.</P> <P> <E T="03">Prince George County.</E> The entire county.</P> <P> <E T="03">Prince William County.</E> The entire county.</P> <P> <E T="03">Rappahannock County.</E> The entire county.<PRTPAGE P="24"/> </P> <P> <E T="03">Richmond County.</E> The entire county.</P> <P> <E T="03">Rockbridge County.</E> The entire county.</P> <P> <E T="03">Rockingham County.</E> The entire county.</P> <P> <E T="03">Shenandoah County.</E> The entire county.</P> <P> <E T="03">Southampton County.</E> The entire county.</P> <P> <E T="03">Spotsylvania County.</E> The entire county.</P> <P> <E T="03">Stafford County.</E> The entire county.</P> <P> <E T="03">Surry County.</E> The entire county.</P> <P> <E T="03">Sussex County.</E> The entire county.</P> <P> <E T="03">Warren County.</E> The entire county.</P> <P> <E T="03">Westmoreland County.</E> The entire county.</P> <P> <E T="03">York County.</E> The entire county.</P> <HD SOURCE="HD3">West Virginia</HD> <P> <E T="03">Barbour County.</E> The entire county.</P> <P> <E T="03">Berkeley County.</E> The entire county.</P> <P> <E T="03">Braxton County.</E> The entire county.</P> <P> <E T="03">Brooke County.</E> The entire county.</P> <P> <E T="03">Calhoun County.</E> The entire county.</P> <P> <E T="03">Doddridge County.</E> The entire county.</P> <P> <E T="03">Gilmer County.</E> The entire county.</P> <P> <E T="03">Grant County.</E> The entire county.</P> <P> <E T="03">Greenbrier County.</E> The entire county.</P> <P> <E T="03">Hampshire County.</E> The entire county.</P> <P> <E T="03">Harrison County.</E> The entire county.</P> <P> <E T="03">Hancock County.</E> The entire county.</P> <P> <E T="03">Hardy County.</E> The entire county.</P> <P> <E T="03">Jefferson County.</E> The entire county.</P> <P> <E T="03">Lewis County.</E> The entire county.</P> <P> <E T="03">Marion County.</E> The entire county.</P> <P> <E T="03">Marshall County.</E> The entire county.</P> <P> <E T="03">Mineral County.</E> The entire county.</P> <P> <E T="03">Monongalia County.</E> The entire county.</P> <P> <E T="03">Morgan County.</E> The entire county.</P> <P> <E T="03">Nicholas County.</E> The entire county.</P> <P> <E T="03">Ohio County.</E> The entire county.</P> <P> <E T="03">Pendleton County.</E> The entire county.</P> <P> <E T="03">Pleasants County.</E> The entire county.</P> <P> <E T="03">Pocahontas County.</E> The entire county.</P> <P> <E T="03">Preston County.</E> The entire county.</P> <P> <E T="03">Randolph County.</E> The entire county.</P> <P> <E T="03">Ritchie County.</E> The entire county.</P> <P> <E T="03">Taylor County.</E> The entire county.</P> <P> <E T="03">Tucker County.</E> The entire county.</P> <P> <E T="03">Tyler County.</E> The entire county.</P> <P> <E T="03">Upshur County.</E> The entire county.</P> <P> <E T="03">Webster County.</E> The entire county.</P> <P> <E T="03">Wetzel County.</E> The entire county.</P> <P> <E T="03">Wirt County.</E> The entire county.</P> <P> <E T="03">Wood County.</E> The entire county.</P> <HD SOURCE="HD3">Wisconsin</HD> <P> <E T="03">Brown County.</E> The entire county.</P> <P> <E T="03">Calumet County.</E> The entire county.</P> <P> <E T="03">Dodge County.</E> The entire county.</P> <P> <E T="03">Door County.</E> The entire county.</P> <P> <E T="03">Fond du Lac County.</E> The entire county.</P> <P> <E T="03">Kenosha County.</E> The entire county.</P> <P> <E T="03">Kewaunee County.</E> The entire county.</P> <P> <E T="03">Manitowoc County.</E> The entire county.</P> <P> <E T="03">Marinette County.</E> The entire county.</P> <P> <E T="03">Menominee County.</E> The entire county.</P> <P> <E T="03">Milwaukee County.</E> The entire county.</P> <P> <E T="03">Oconto County.</E> The entire county.</P> <P> <E T="03">Outagamie County.</E> The entire county.</P> <P> <E T="03">Ozaukee County.</E> The entire county.</P> <P> <E T="03">Racine County.</E> The entire county.</P> <P> <E T="03">Shawano County.</E> The entire county.</P> <P> <E T="03">Sheboygan County.</E> The entire county.</P> <P> <E T="03">Walworth County.</E> The entire county.</P> <P> <E T="03">Washington County.</E> The entire county.</P> <P> <E T="03">Waukesha County.</E> The entire county.</P> <P> <E T="03">Waupaca County.</E> The entire county.</P> <P> <E T="03">Waushara County.</E> The entire county.</P> <P> <E T="03">Winnebago County.</E> The entire county.</P> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 62 FR 29287, May 30, 1997; 62 FR 36646, July 9, 1997; 63 FR 25748, May 11, 1998; 63 FR 38280, July 16, 1998; 64 FR 40510, July 27, 1999; 66 FR 37114, July 17, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.</SUBJECT> <P>(a) Regulated articles and outdoor household articles from generally infested areas. (1) A regulated article, except for an article moved in accordance with paragraph (c) of this section, shall not be moved interstate from any generally infested area into or through any area that is not generally infested unless a certificate or permit has been issued and attached to such regulated article in accordance with §§ 301.45-5 and 301.45-8.<E T="51">4</E> <FTREF/> </P> <FTNT> <P> <E T="51">4</E> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>(2) An outdoor household article shall not be moved interstate from any generally infested area into or through any area that is not generally infested unless a certificate or OHA document has been issued and attached to such <PRTPAGE P="25"/>outdoor household article in accordance with §§ 301.45-5 and 301.45-8.</P> <P>(b) A regulated article originating outside of any generally infested area may be moved interstate directly through any generally infested area without a certificate or permit if the point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has been safeguarded against infestation while in any generally infested area during the months of April through June. To be safeguarded, the article must be in an enclosed vehicle, or completely enclosed by a covering adequate to prevent access by gypsy moths, such as canvas, plastic, or closely woven cloth.</P> <P>(c) A regulated article originating in a generally infested area may be moved interstate from a generally infested area without a certificate if it complies with (1) or (2) of this paragraph:</P> <P>(1) The article is moved by the U.S. Department of Agriculture for experimental or scientific purposes, and:</P> <P>(i) Is moved pursuant to a permit issued for each article by the Administrator;</P> <P>(ii) Is moved in accordance with conditions specified on the permit and found by the Administrator to be adequate to prevent the dissemination of the gypsy moth, i.e., conditions of treatment, processing, shipment, and disposal; and</P> <P>(iii) Is moved with a tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a permit number corresponding to the number of the permit issued for such article.</P> <P>(2) The article is logs, pulpwood, or wood chips, and the person moving the article has attached a signed accurate statement to the waybill or other shipping documents accompanying the article stating that he or she has inspected the article in accordance with the Gypsy Moth Program Manual no more than 5 days prior to the date of movement and has found no life stages of gypsy moth on the article.</P> </SECTION> <SECTION> <SECTNO>§ 301.45-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates, limited permits, and outdoor household article documents.</SUBJECT> <P>(a) A certificate may be issued by an inspector for the movement of a regulated article or an outdoor household article (OHA) if the inspector determines that it is eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such article and:</P> <P>(1) It has originated in noninfested premises in a generally infested area and has not been exposed to the gypsy moth while within the generally infested area; or</P> <P>(2) The inspector inspects the article no more than 5 days prior to the date of movement during the months of April through August (14 days prior to the date of movement from September through March) and finds it to be free of the gypsy moth; or</P> <P>(3) It has been treated under the direction of an inspector to destroy the gypsy moth in accordance with the treatment manual; or</P> <P>(4) It has been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby as determined by an inspector.</P> <P>(b) Limited permits may be issued by an inspector to allow interstate movement of any regulated article under this subpart to specified destinations for specified handling, utilization, processing, or treatment in accordance with the treatment manual, when, upon evaluation of all of the circumstances involved in each case, the Administrator determines that such movement will not result in the spread of the gypsy moth because life stages of the moths will be destroyed by such specified handling, utilization, processing or treatment, or the pest will not survive in areas to which shipped, and the requirements of all other applicable Federal domestic plant quarantines have been met.</P> <P>(c) Certificate and limited permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles provided the person is operating under a compliance agreement. Any person operating <PRTPAGE P="26"/>under a compliance agreement may reproduce the forms as needed to attach them to regulated articles moved under a compliance agreement. Any person operating under a compliance agreement may execute and issue the certificate forms or reproduction of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement, if the person has treated such regulated articles as specified in the compliance agreement, and if the regulated articles are eligible for certification for movement to any destination under all applicable Federal domestic plant quarantines. Any person operating under a compliance agreement may execute and issue the limited permit forms, or reproductions of such forms, for the interstate movement of regulated articles to specified destinations when an inspector has made the determinations specified in paragraph (b) of this section.</P> <P>(d) A certificate may be issued by a qualified certified applicator for the interstate movement of any outdoor household article or mobile home if such qualified certified applicator determines the following:</P> <P>(1) That the article has been inspected by the qualified certified applicator and found to be free of any life stage of the gypsy moth; or</P> <P>(2) That the article has been treated by, or treated under the direct supervision of, the qualified certified applicator to destroy any life stage of the gypsy moth in accordance with methods and procedures prescribed in section III of the Gypsy Moth Program Manual.</P> <P>(e) An OHA document may be issued by the owner of an outdoor household article for the interstate movement of the article if such person has inspected the outdoor household article and has found it to be free of any life stage of gypsy moth.</P> <P>(f) Any certificate or permit which has been issued or authorized may be withdrawn by an inspector if he determines that the holder thereof has not complied with any condition for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or permit has been withdrawn may appeal the decision in writing to the Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or permit was wrongfully withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Qualified certified applicators must enter into compliance agreements, in accordance with the definition of qualified certified applicator in § 301.45-1. A compliance agreement shall specify safeguards necessary to prevent spread of the gypsy moth, such as disinfestation practices or application of chemical materials in accordance with the treatment manual. Compliance agreement forms may be obtained from the Administrator or an inspector.</P> <P>(b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement, orally or in writing, whenever the inspector finds that such person has failed to comply with the conditions of the agreement. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show <PRTPAGE P="27"/>that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088).</APPRO> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles and outdoor household articles.</SUBJECT> <P>Persons (other than those authorized to use certificates or limited permits, or reproductions thereof, under § 301.45-5(c)) who desire to move interstate a regulated article which must be accompanied by a certificate or permit shall, at least 7 days before the desired movement, request an inspector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article accompanied by a certificate issued in accordance with § 301.45-5 shall, at least 14 days before the desired movement, request an inspector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article or a mobile home accompanied by a certificate issued by a qualified certified applicator in accordance with § 301.45-5(d) shall request a qualified certified applicator to examine the article prior to movement. Such articles shall be assembled at such point and in such manner as the inspector or qualified certified applicator designates to facilitate inspection.</P> </SECTION> <SECTION> <SECTNO>§ 301.45-8</SECTNO> <SUBJECT>Attachment and disposition of certificates, limited permits, and outdoor household article documents.</SUBJECT> <P>(a) A certificate, limited permit, or OHA document required for the interstate movement of a regulated article or outdoor household article must at all times during such movement be securely attached to the outside of the container containing the regulated article or outdoor household article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the waybill or other shipping document: Provided, however, That the requirements of this section may be met by attaching the certificate, limited permit, or OHA document to the consignee's copy of the waybill or other shipping document only if the regulated article or outdoor household article is sufficiently described on the certificate, limited permit, OHA document or shipping document to identify such article.</P> <P>(b) The certificate, limited permit, or OHA document for the movement of a regulated article or outdoor household article shall be furnished by the carrier to the consignee at the destination of the shipment.</P> <P>(c) Any qualified certified applicator who issues a certificate or OHA document shall at the time of issuance send a copy of the certificate or OHA document to the APHIS officer in charge for the State in which the document is issued.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088).</APPRO> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-9</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <P>Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles, outdoor household articles, and gypsy moths as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> <CITA>[58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.45-10</SECTNO> <SUBJECT>Movement of live gypsy moths.</SUBJECT> <P>Regulations requiring a permit for, and otherwise governing the movement of, live gypsy moths in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter.</P> </SECTION> <SECTION> <PRTPAGE P="28"/> <SECTNO>§ 301.45-11</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> <SECTION> <SECTNO>§ 301.45-12</SECTNO> <SUBJECT>Disqualification of qualified certified applicator to issue certificates.</SUBJECT> <P>(a) Any qualified certified applicator may be disqualified from issuing certificates by the Administrator if he determines that one of the following has occurred:</P> <P>(1) Such person is not certified by a State and/or Federal Government as a commercial certified applicator under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 U.S.C. 136b) in a category allowing use of the restricted pesticides Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and acephate (Orthene<E T="51">®</E>); or</P> <P>(2) Noncompliance with any of the provisions of this subpart; or,</P> <P>(3) Failure to attend and complete, each time such person is recertified as a certified commercial applicator under FIFRA, a workshop approved by the Administrator on the identification and treatment of life stages of gypsy moth on outdoor household articles and mobile homes.</P> <P>(b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as circumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing certificates may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the disqualification. The appeal shall state all of the facts and reasons upon which the person relies to show that the disqualification was a wrongful action. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088).</APPRO> <CITA>[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Japanese Beetle</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>44 FR 24035, Apr. 24, 1979, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.48</SECTNO> <SUBJECT>Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.</SUBJECT> <P>(a) Pursuant to the provisions of sections 411, 412, 414, 431, and 434 of the Plant Protection Act ( 7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture heretofore determined after public hearing to quarantine the States of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia in order to prevent the spread of the Japanese beetle, a dangerous insect injurious to cultivated crops and not theretofore widely prevalent or distributed within or throughout the United States.</P> <P>(b) No person shall move any regulated article interstate from any regulated airport destined to any of the following States except in accordance with the conditions prescribed in this subpart: Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 66 FR 21050, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed, respectively, to mean:<PRTPAGE P="29"/> </P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of moving regulated articles interstate, in which the person agrees to comply with the provisions of this subpart.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Administrator to enforce the provisions of the quarantine and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Japanese beetle.</E> The live insect known as the Japanese beetle (<E T="03">Popillia japonica</E> Newm.) in any stage of development (egg, larva, pupa, or adult).</P> <P> <E T="03">Person.</E> Any individual, corporation, company, partnership, society, or association, or other organized group of any of the foregoing.</P> <P> <E T="03">Regulated airport.</E> Any airport or portions of an airport in a quarantined State declared regulated in accordance with provisions in § 301.48-2 of this subpart.</P> <P> <E T="03">Regulated articles.</E> Aircraft at or from regulated airports.</P> <P> <E T="03">State.</E> Any State, territory, or district of the United States, including Puerto Rico.</P> <P> <E T="03">State Plant Regulatory Official.</E> The authorized official of a State who has responsibility for the operation of the State plant regulatory program.</P> <P> <E T="03">Treatment Manual.</E> The Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated airports.</SUBJECT> <P>(a) An inspector may declare any airport within a quarantined State to be a regulated airport when he or she determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in § 301.48(b) may be leaving the airport.</P> <P>(b) An inspector shall terminate the designation provided for under paragraph (a) of this section when he or she determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-3</SECTNO> <SUBJECT>Notification of designation, and termination of designation, of regulated airports.</SUBJECT> <P>Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designation has been terminated. The inspector shall also give the same information in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in § 301.48(b). The Administrator shall also give the same information to the State Plant Regulatory Official of each State designated in § 301.48(b) to which any regulated article will move.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States.</SUBJECT> <P>A regulated article may be moved interstate from a regulated airport to any State <SU>1</SU> <FTREF/> designated in § 301.48(b) only if:</P> <FTNT> <P> <SU>1</SU> Requirements under all other applicable Federal domestic plant quarantines must be met.</P> </FTNT> <P>(a) An inspector, upon visual inspection of the airport and/or the aircraft, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present; or<PRTPAGE P="30"/> </P> <P>(b) The aircraft is opened and loaded only while it is enclosed inside a hangar that an inspector has determined to be free of and safeguarded against Japanese beetle; or</P> <P>(c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 a.m. only or lands and departs during those hours and, in either situation, is kept completely closed while on the ground during the hours of 7:00 a.m. to 8:00 p.m.; or</P> <P>(d) If opened and loaded between the hours of 7:00 a.m. to 8:00 p.m., the aircraft is inspected, treated, and safeguarded. Inspection, treatment, and safeguarding must be done either under a compliance agreement in accordance with § 301.48-8 or under the direct supervision of an inspector. On a case-by-case basis, inspectors will determine which of the following conditions, and any supplemental conditions deemed necessary by the Administrator to prevent the spread of Japanese beetle, are required:</P> <P>(1) All openings of the aircraft must be closed or safeguarded during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by other means approved by the Administrator.</P> <P>(2) All cargo containers that have not been safeguarded in a protected area must be inspected immediately prior to and during the loading process. All personnel must check their clothing immediately prior to entering the aircraft. All Japanese beetles found must be removed and destroyed.</P> <P>(3) All areas around doors and hatches or other openings in the aircraft must be inspected prior to removing the exclusionary devices. All Japanese beetles found must be removed and destroyed. All doors and hatches must be closed immediately after the exclusionary devices are moved away from the aircraft.</P> <P>(4) Aircraft must be treated in accordance with the Treatment Manual no more than 1 hour before loading. Particular attention should be paid to the ball mat area and the holes around the main entrance. The aircraft must then be aerated under safeguard conditions as required by the Treatment Manual.</P> <P>(5) Aircraft treatment records must be maintained by the applicator completing or supervising the treatment for a period of 2 years. These records must be provided upon request for review by an inspector. Treatment records shall include the pesticide used, the date of application, the location where the pesticide was applied (airport and aircraft), the amount of pesticide applied, and the name of the applicator.</P> <P>(6) When a designated aircraft is replaced with an alternate one just prior to departure (the procedure known as “tail swapping”), the alternate aircraft must be inspected and all Japanese beetles must be removed. The aircraft must be safeguarded by closing all openings and hatches or by equipping the aircraft with exclusionary devices until the aircraft is ready for use. During loading, all treatment and safeguard requirements applicable to regularly scheduled aircraft must be implemented.</P> <P>(7) Aircraft may be retreated in the noninfested State if live Japanese beetles are found.</P> <P>(8) Notification of unscheduled commercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in § 301.48(b). Notification of arriving military flights should also be given to base commanders to facilitate the entrance of Federal and/or State inspectors onto the base if necessary.</P> <CITA>[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-5</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <P>Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles and Japanese beetles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Administrator.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <PRTPAGE P="31"/> <SECTNO>§ 301.48-6</SECTNO> <SUBJECT>Movement of live Japanese beetles.</SUBJECT> <P>Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Administrator.</P> <CITA>[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.48-7</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> <P>The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector.</P> </SECTION> <SECTION> <SECTNO>§ 301.48-8</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in the business of moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Any person who enters into a compliance agreement, and employees or agents of that person, must allow an inspector access to all records regarding treatment of aircraft and to all areas where loading, unloading, and treatment of aircraft occurs.</P> <P>(b) A compliance agreement may be canceled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing within 20 days of oral notification. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. A hearing will be held to resolve any conflict as to any material fact. The Administrator shall adopt rules of practice for the hearing. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. The compliance agreement will remain canceled pending the decision on the appeal.</P> <CITA>[61 FR 32641, June 25, 1996]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Pine Shoot Beetle</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 54496, Nov. 19, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.50</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>Regulated articles may be moved interstate from any quarantined area only in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance; and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture.</P> <P> <E T="03">Certificate.</E> A document in which an inspector, or person operating under a compliance agreement, affirms that a specified regulated article is free of pine shoot beetle and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions of this subpart.</P> <P> <E T="03">Infestation.</E> The presence of the pine shoot beetle or the existence of circumstances that make it reasonable to believe that the pine shoot beetle is present.<PRTPAGE P="32"/> </P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, or other individual, authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit (permit).</E> A document in which an inspector, or person operating under a compliance agreement, affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.50-5(b) of this subpart only to a specified destination and only in accordance with specified conditions.</P> <P> <E T="03">Moved (Move, Movement).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Pine nursery stock.</E> All <E T="03">Pinus</E> spp. woody plants, shrubs, and rooted trees, including dug (balled and burlaped) Christmas trees, and ornamental pine, such as bonsai.</P> <P> <E T="03">Pine shoot beetle.</E> The insect known as pine shoot beetle, <E T="03">Tomicus piniperda</E> (Linnaeus), in any stage of development.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.50-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.50-3(b) of this subpart.</P> <P> <E T="03">Regulated article</E>. Any article listed in § 301.50-2 (a) or (b) of this subpart or otherwise designated as a regulated article in accordance with § 301.50-2(c) of this subpart.</P> <P> <E T="03">State</E>. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Pine products (<E T="03">Pinus</E> spp.), as follows: Bark nuggets (including bark chips); Christmas trees; logs with bark attached; lumber with bark attached; nursery stock; raw pine materials for pine wreaths and garlands; and stumps.</P> <P>(b) Any article, product, or means of conveyance not covered by paragraph (a) of this section, that presents a risk of spread of the pine shoot beetle and that an inspector notifies the person in possession of it is subject to the restrictions of this subpart.</P> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area, in paragraph (c) of this section, each State, or each portion of a State, in which the pine shoot beetle has been found by an inspector, in which the Administrator has reason to believe that the pine shoot beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the pine shoot beetle has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing a quarantine and regulations that impose restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of these articles; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the pine shoot beetle.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give a copy of this regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section, or the designation will be terminated by the Administrator or an <PRTPAGE P="33"/>inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) The areas described below are designated as quarantined areas:</P> <EXTRACT> <HD SOURCE="HD1">Illinois</HD> <FP SOURCE="FP-1"> <E T="03">Boone County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Bureau County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Champaign County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Cook County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">De Kalb County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">De Witt County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Du Page County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Grundy County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Iroquois County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Kane County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Kankakee County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Kendall County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">La Salle County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lake County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lee County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Livingston County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Macon County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">McHenry County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">McLean County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Ogle County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Piatt County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Putnam County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Stephenson County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Vermilion County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Whiteside County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Will County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Winnebago County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Woodford County</E>. The entire county.</FP> <HD SOURCE="HD1">Indiana</HD> <FP SOURCE="FP-1"> <E T="03">Adams County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Allen County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Benton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Blackford County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Boone County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Carroll County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Cass County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Clinton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">De Kalb County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Delaware County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Elkhart County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Fountain County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Fulton County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Grant County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hamilton County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hancock County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Henry County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Howard County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Huntington County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Jasper County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Jay County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Johnson County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Kosciusko County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lagrange County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lake County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">La Porte County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Madison County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Marion County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Marshall County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Miami County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Montgomery County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Newton County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Noble County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Park County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Porter County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Pulaski County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Randolph County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Rush County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Shelby County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">St. Joseph County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Starke County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Steuben County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Tippecanoe County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Tipton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Vermillion County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wabash County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Warren County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wayne County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wells County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">White County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Whitley County.</E> The entire county.</FP> <HD SOURCE="HD1">Maine</HD> <FP SOURCE="FP-1"> <E T="03">Oxford County.</E> The entire county.</FP> <HD SOURCE="HD1">Maryland</HD> <FP SOURCE="FP-1"> <E T="03">Allegany County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Frederick County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Garrett County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Washington County</E>. The entire county.</FP> <HD SOURCE="HD1">Michigan</HD> <P> <E T="03">Alcona County.</E> The entire county.</P> <P> <E T="03">Allegan County.</E> The entire county.</P> <P> <E T="03">Alpena County.</E> The entire county.</P> <P> <E T="03">Antrim County.</E> The entire county.</P> <P> <E T="03">Arenac County.</E> The entire county.</P> <P> <E T="03">Barry County.</E> The entire county.</P> <P> <E T="03">Bay County.</E> The entire county.</P> <P> <E T="03">Benzie County.</E> The entire county.</P> <P> <E T="03">Berrien County.</E> The entire county.</P> <P> <E T="03">Branch County.</E> The entire county.</P> <P> <E T="03">Calhoun County.</E> The entire county.</P> <P> <E T="03">Cass County.</E> The entire county.</P> <P> <E T="03">Charlevoix County.</E> The entire county.</P> <P> <E T="03">Cheboygan County.</E> The entire county.</P> <P> <E T="03">Chippewa County.</E> The entire county.</P> <P> <E T="03">Clare County.</E> The entire county.</P> <P> <E T="03">Clinton County.</E> The entire county.</P> <P> <E T="03">Crawford County.</E> The entire county.</P> <P> <E T="03">Delta County.</E> The entire county.</P> <P> <E T="03">Eaton County.</E> The entire county.</P> <P> <E T="03">Emmet County.</E> The entire county.</P> <P> <E T="03">Genesee County.</E> The entire county.</P> <P> <E T="03">Gladwin County.</E> The entire county.</P> <P> <E T="03">Grand Traverse County.</E> The entire county.</P> <P> <E T="03">Gratiot County.</E> The entire county.</P> <P> <E T="03">Hillsdale County.</E> The entire county.</P> <P> <E T="03">Huron County.</E> The entire county.</P> <P> <E T="03">Ingham County.</E> The entire county.</P> <P> <E T="03">Ionia County.</E> The entire county.</P> <P> <E T="03">Iosco County.</E> The entire county.<PRTPAGE P="34"/> </P> <P> <E T="03">Isabella County.</E> The entire county.</P> <P> <E T="03">Jackson County.</E> The entire county.</P> <P> <E T="03">Kalamazoo County.</E> The entire county.</P> <P> <E T="03">Kalkaska County.</E> The entire county.</P> <P> <E T="03">Kent County.</E> The entire county.</P> <P> <E T="03">Lake County.</E> The entire county.</P> <P> <E T="03">Lapeer County.</E> The entire county.</P> <P> <E T="03">Leelanau County.</E> The entire county.</P> <P> <E T="03">Lenawee County.</E> The entire county.</P> <P> <E T="03">Livingston County.</E> The entire county.</P> <P> <E T="03">Luce County.</E> The entire county.</P> <P> <E T="03">Mackinac County.</E> The entire county.</P> <P> <E T="03">Macomb County.</E> The entire county.</P> <P> <E T="03">Manistee County.</E> The entire county.</P> <P> <E T="03">Marquette County.</E> The entire county.</P> <P> <E T="03">Mason County.</E> The entire county.</P> <P> <E T="03">Mecosta County.</E> The entire county.</P> <P> <E T="03">Midland County.</E> The entire county.</P> <P> <E T="03">Missaukee County.</E> The entire county.</P> <P> <E T="03">Monroe County.</E> The entire county.</P> <P> <E T="03">Montcalm County.</E> The entire county.</P> <P> <E T="03">Montmorency County.</E> The entire county.</P> <P> <E T="03">Muskegon County.</E> The entire county.</P> <P> <E T="03">Newaygo County.</E> The entire county.</P> <P> <E T="03">Oakland County.</E> The entire county.</P> <P> <E T="03">Oceana County.</E> The entire county.</P> <P> <E T="03">Ogemaw County.</E> The entire county.</P> <P> <E T="03">Osceola County.</E> The entire county.</P> <P> <E T="03">Oscoda County.</E> The entire county.</P> <P> <E T="03">Otsego County.</E> The entire county.</P> <P> <E T="03">Ottawa County.</E> The entire county.</P> <P> <E T="03">Presque Isle County.</E> The entire county.</P> <P> <E T="03">Roscommon County.</E> The entire county.</P> <P> <E T="03">Saginaw County.</E> The entire county.</P> <P> <E T="03">St. Clair County.</E> The entire county.</P> <P> <E T="03">St. Joseph County.</E> The entire county.</P> <P> <E T="03">Sanilac County.</E> The entire county.</P> <P> <E T="03">Schoolcraft County.</E> The entire county.</P> <P> <E T="03">Shiawassee County.</E> The entire county.</P> <P> <E T="03">Tuscola County.</E> The entire county.</P> <P> <E T="03">Van Buren County.</E> The entire county.</P> <P> <E T="03">Washtenaw County.</E> The entire county.</P> <P> <E T="03">Wayne County.</E> The entire county.</P> <P> <E T="03">Wexford County.</E> The entire county.</P> <HD SOURCE="HD1">New Hampshire</HD> <FP SOURCE="FP-1"> <E T="03">Coos County.</E> The entire county.</FP> <HD SOURCE="HD1">New York</HD> <P> <E T="03">Allegany County.</E> The entire county.</P> <P> <E T="03">Broome County.</E> The entire county.</P> <P> <E T="03">Cattaraugus County.</E> The entire county.</P> <P> <E T="03">Cayuga County.</E> The entire county.</P> <P> <E T="03">Chautauqua County.</E> The entire county.</P> <P> <E T="03">Chemung County.</E> The entire county.</P> <P> <E T="03">Chenango County.</E> The entire county.</P> <P> <E T="03">Cortland County.</E> The entire county.</P> <P> <E T="03">Delaware County.</E> The entire county.</P> <P> <E T="03">Erie County.</E> The entire county.</P> <P> <E T="03">Genesee County.</E> The entire county.</P> <P> <E T="03">Jefferson County.</E> The entire county.</P> <P> <E T="03">Lewis County.</E> The entire county.</P> <P> <E T="03">Livingston County.</E> The entire county.</P> <P> <E T="03">Madison County.</E> The entire county.</P> <P> <E T="03">Monroe County.</E> The entire county.</P> <P> <E T="03">Niagara County.</E> The entire county.</P> <P> <E T="03">Oneida County.</E> The entire county.</P> <P> <E T="03">Onondaga County.</E> The entire county.</P> <P> <E T="03">Ontario County.</E> The entire county.</P> <P> <E T="03">Orleans County.</E> The entire county.</P> <P> <E T="03">Oswego County.</E> The entire county.</P> <P> <E T="03">Otsego County.</E> The entire county.</P> <P> <E T="03">St. Lawrence County.</E> The entire county.</P> <P> <E T="03">Schuyler County.</E> The entire county.</P> <P> <E T="03">Seneca County.</E> The entire county.</P> <P> <E T="03">Steuben County.</E> The entire county.</P> <P> <E T="03">Tioga County.</E> The entire county.</P> <P> <E T="03">Tompkins County.</E> The entire county.</P> <P> <E T="03">Wayne County.</E> The entire county.</P> <P> <E T="03">Wyoming County.</E> The entire county.</P> <P> <E T="03">Yates County.</E> The entire county.</P> <HD SOURCE="HD1">Ohio</HD> <FP SOURCE="FP-1"> <E T="03">Allen County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Ashland County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Ashtabula County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Auglaize County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Belmont County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Butler County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Carroll County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Champaign County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Clark County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Columbiana County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Coshocton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Crawford County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Cuyahoga County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Darke County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Defiance County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Delaware County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Erie County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Fairfield County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Fulton County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Geauga County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Greene County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Guernsey County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hamilton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hancock County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hardin County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Harrison County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Henry County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Hocking County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Holmes County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Huron County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Jefferson County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Knox County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lake County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Licking County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Logan County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lorain County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lucas County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Madison County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Mahoning County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Marion County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Medina County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Mercer County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Miami County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Montgomery County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Morgan County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Morrow County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Muskingum County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Noble County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Ottawa County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Paulding County.</E> The entire county.<PRTPAGE P="35"/> </FP> <FP SOURCE="FP-1"> <E T="03">Perry County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Pickaway County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Portage County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Preble County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Putnam County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Richland County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Sandusky County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Seneca County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Shelby County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Stark County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Summit County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Trumbull County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Tuscarawas County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Union County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Van Wert County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Vinton County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Warren County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wayne County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Williams County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wood County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Wyandot County.</E> The entire county.</FP> <HD SOURCE="HD1">Pennsylvania</HD> <FP SOURCE="FP-1"> <E T="03">Allegheny County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Armstrong County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Beaver County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Bedford County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Blair County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Bradford County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Butler County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Cambria County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Cameron County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Clarion County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Clearfield County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Crawford County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Elk County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Erie County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Fayette County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Forest County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Greene County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Huntingdon County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Indiana County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Jefferson County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Lawrence County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">McKean County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Mercer County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Potter County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Somerset County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Tioga County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Venango County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Warren County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Washington County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Westmoreland County.</E> The entire county.</FP> <HD SOURCE="HD1">VERMONT</HD> <FP SOURCE="FP-1"> <E T="03">Caledonia County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Essex County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Orleans County.</E> The entire county.</FP> <HD SOURCE="HD1">West Virginia</HD> <FP SOURCE="FP-1">The entire state.</FP> <HD SOURCE="HD1">Wisconsin</HD> <FP SOURCE="FP-1"> <E T="03">Grant County</E>. The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Green County.</E> The entire county.</FP> <FP SOURCE="FP-1"> <E T="03">Rock County.</E> The entire county.</FP> <FP SOURCE="FP-1">(d) A map of the quarantined areas follows:</FP> </EXTRACT> <GPH DEEP="256" SPAN="2"> <PRTPAGE P="36"/> <GID>ER18JY01.001</GID> </GPH> <CITA TYPE="W">[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999; 65 FR 37842, June 19, 2000; 66 FR 37403, July 18, 2001; 66 FR 46692, Sept. 6, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>Any regulated article may be moved interstate from a quarantined area <SU>2</SU> <FTREF/> only if moved under the following conditions:</P> <FTNT> <P> <SU>2</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.50-5 and 301.50-8 of this subpart;</P> <P>(b) Without a certificate or limited permit, if:</P> <P>(1)(i) The regulated article originates outside any quarantined area and is moved through the quarantined area without stopping (except for dropoff loads, refueling, or traffic conditions, such as traffic lights or stop signs) during October, November, or December, or when ambient air temperature is below 10 °C (50 °F); or</P> <P>(ii) The regulated article originates outside any quarantined area and, during the period of January through September, is moved through the quarantined area at a temperature higher than 10 °C (50 °F), if the article is shipped in an enclosed vehicle or completely covered (such as with plastic, canvas, or other closely woven cloth) so as to prevent access by the pine shoot beetle; and</P> <P>(2) The point of origin of the regulated article is indicted on the waybill.</P> <P>(c) With a limited permit issued by the Administrator if the regulated article is moved:</P> <P>(1) By the United States Department of Agriculture for experimental or scientific purposes;<PRTPAGE P="37"/> </P> <P>(2) Under conditions, specified on the permit, which the Administrator has found to be adequate to prevent the spread of the pine shoot beetle; and</P> <P>(3) With a tag or label, bearing the number of the permit issued for the regulated article, attached to the outside of the container of the regulated article or attached to the regulated article itself, if the regulated article is not in a container.</P> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate will be issued by an inspector <SU>3</SU> <FTREF/> for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>3</SU> Services of an inspector may be requested by contacting the local offices of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.50-10 of this subpart; or</P> <P>(ii) Based on inspection of the premises of origin, if the regulated article is a greenhouse-grown pine (such as bonsai), that the greenhouse is free from the pine shoot beetle and is screened to prevent entry of the pine shoot beetle; or</P> <P>(iii) Based on inspection of the regulated article, if the regulated article is a pine seedling or a pine transplant and is no greater than 36 inches high with a bole diameter at soil level of 1 inch or less, that it is free from the pine shoot beetle; or</P> <P>(iv) Based on inspection by an inspector (branch tip-by-branch tip) of pine nursery stock, that it is free from the pine shoot beetle; or</P> <P>(v) If the regulated article is a pine log with bark attached or pine lumber with bark attached or a pine stump, that its source tree has been felled during the period of July through October; and</P> <P>(2)(i) The regulated article will be moved through the quarantined area during October, November, or December, or when the ambient air temperature is below 10 °C (50 °F); or</P> <P>(ii) The regulated article will be moved through the quarantined area during the period of January through September, if the ambient air temperature is 10 °C (50 °F) or higher, in an enclosed vehicle or completely enclosed by a covering adequate to prevent access by the pine shoot beetle; or</P> <P>(iii) The pine log with bark attached, pine lumber with bark attached, or pine stump, from a tree felled during the period of July through October, will be shipped interstate from the quarantined area during the period of July through October; and</P> <P>(3) The regulated article is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>4</SU> <FTREF/> to prevent the spread of the pine shoot beetle; and</P> <FTNT> <P> <SU>4</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles.</P> <P>(b) An inspector <SU>5</SU> <FTREF/> will issue a limited permit for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>5</SU> See footnote 3 to § 301.50-5(a).</P> </FTNT> <P>(1)(i) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the pine shoot beetle. If the regulated article is part of a shipment of pine Christmas trees, the inspector will make a pest-risk determination on the basis of an inspection conducted in accordance with § 301.50-5(c) of this paragraph; or</P> <P>(ii) The regulated article is to be moved interstate from a quarantined area to a quarantined area and will <PRTPAGE P="38"/>transit any non-quarantined area in an enclosed vehicle or completely enclosed by a covering adequate to prevent access by the pine shoot beetle; and</P> <P>(2) The regulated article is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the pine shoot beetle; and</P> <P>(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) The number of pine Christmas trees randomly selected for inspection is determined by the size and type of shipment, in accordance with the following tables. If a shipment mixes painted and natural trees, the inspection procedure for painted trees will apply.</P> <GPOTABLE CDEF="s10,6,xs58,6" COLS="4" OPTS="L2,i1"> <TTITLE>Table 1—Painted (Color-Enhanced) Pine Christmas Trees <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">No. of trees in shipment</CHED> <CHED H="1">No. of trees to sample</CHED> <CHED H="1">No. of trees in shipment</CHED> <CHED H="1">No. of trees to sample</CHED> </BOXHD> <ROW> <ENT I="01">1-72</ENT> <ENT>All</ENT> <ENT>701-800</ENT> <ENT>120</ENT> </ROW> <ROW> <ENT I="01">73-100</ENT> <ENT>73</ENT> <ENT>801-900</ENT> <ENT>121</ENT> </ROW> <ROW> <ENT I="01">101-200</ENT> <ENT>96</ENT> <ENT>901-1,000</ENT> <ENT>122</ENT> </ROW> <ROW> <ENT I="01">201-300</ENT> <ENT>106</ENT> <ENT>1,001-2,000</ENT> <ENT>126</ENT> </ROW> <ROW> <ENT I="01">301-400</ENT> <ENT>111</ENT> <ENT>2,001-3,000</ENT> <ENT>127</ENT> </ROW> <ROW> <ENT I="01">401-500</ENT> <ENT>115</ENT> <ENT>3,001-5,000</ENT> <ENT>128</ENT> </ROW> <ROW> <ENT I="01">501-600</ENT> <ENT>117</ENT> <ENT>5,001-10,000</ENT> <ENT>129</ENT> </ROW> <ROW> <ENT I="01">601-700</ENT> <ENT>119</ENT> <ENT>10,001 or more</ENT> <ENT>130</ENT> </ROW> <TNOTE> <SU>1</SU> If a pine shoot beetle is detected in any one of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, “All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated, prior to January 1.”</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s10,6,xs58,6" COLS="4" OPTS="L2,i1"> <TTITLE>Table 2—Natural (Unpainted) Christmas Trees <SU>1</SU> </TTITLE> <BOXHD> <CHED H="1">No. of trees in shipment</CHED> <CHED H="1">No. of trees to sample</CHED> <CHED H="1">No. of trees in shipment</CHED> <CHED H="1">No. of trees to sample</CHED> </BOXHD> <ROW> <ENT I="01">1-57</ENT> <ENT>All</ENT> <ENT>501-600</ENT> <ENT>80</ENT> </ROW> <ROW> <ENT I="01">58-100</ENT> <ENT>58</ENT> <ENT>601-700</ENT> <ENT>81</ENT> </ROW> <ROW> <ENT I="01">101-200</ENT> <ENT>69</ENT> <ENT>701-1,000</ENT> <ENT>82</ENT> </ROW> <ROW> <ENT I="01">201-300</ENT> <ENT>75</ENT> <ENT>1,001-3,000</ENT> <ENT>84</ENT> </ROW> <ROW> <ENT I="01">301-400</ENT> <ENT>77</ENT> <ENT>3,001-10,000</ENT> <ENT>85</ENT> </ROW> <ROW> <ENT I="01">401-500</ENT> <ENT>79</ENT> <ENT>10,001 or more</ENT> <ENT>86</ENT> </ROW> <TNOTE> <SU>1</SU> If a pine shoot beetle is detected in any one of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, “All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated, prior to January 1.”</TNOTE> </GPOTABLE> <P>(d) Certificates and limited permits for use for interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(e) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally, or in writing, if he or she determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 30, 1994; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in growing, handling, or moving regulated articles <PRTPAGE P="39"/>may enter into a compliance agreement when an inspector determines that the person understands this subpart.<SU>6</SU> <FTREF/> </P> <FTNT> <P> <SU>6</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.50-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector,<SU>7</SU> <FTREF/> at least 48 hours in advance of the desired interstate movement.</P> <FTNT> <P> <SU>7</SU> See footnote 3 to § 301.50-5(a).</P> </FTNT> <P>(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article must be attached, at all times during the interstate movement, to the outside of the container containing the regulated article, or to the regulated article itself, if not in a container. The requirements of this section may also be met by attaching the certificate or limited permit to the consignee's copy of the waybill, provided the regulated article is sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article.</P> <P>(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.50-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.50-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>(a) Fumigation is authorized for use on pine logs with bark attached, pine lumber with bark attached, pine bark nuggets (including bark chips), and pine stumps, as follows: Logs, lumber, and stumps may be treated with methyl bromide at normal atmospheric pressure with 48 g/m<E T="51">3</E> (3 lb/1000 ft<E T="51">3</E>) for 16 hours at 21 °C (70 °F) or above, or 80 g/m<E T="51">3</E> (5 lb/1000 ft<E T="51">3</E>) for 16 hours at 4.5 - 20.5 °C (40 - 69 °F.).</P> <P>(b) Cold treatment is authorized for cut pine Christmas trees, pine nursery <PRTPAGE P="40"/>stock, and raw pine materials for pine wreaths and garlands as follows: The regulated articles must be loaded into a refrigeration unit and held at −20.6 °C (−5 °F) for one hour; the period before the refrigeration unit reaches the specified temperature is not part of the treatment period.</P> <P>(c) Any one of these fumigation treatments is authorized for use on cut pine Christmas trees and raw pine materials for pine wreaths and garlands. Cut pine Christmas trees and raw pine materials for pine wreaths and garlands may be treated with methyl bromide at normal atmospheric pressure as follows:</P> <GPOTABLE CDEF="s20,9,9,8,8,8,8" COLS="7" OPTS="L2,i1"> <BOXHD> <CHED H="1">Temperature</CHED> <CHED H="1">Dosage: pounds per 1000 feet <SU>3</SU> </CHED> <CHED H="1">Exposure: hours</CHED> <CHED H="1">Concentration readings: ounces per 1000 feet <SU>3</SU> </CHED> <CHED H="2">2.0 hr</CHED> <CHED H="2">3.0 hr</CHED> <CHED H="2">3.5 hr</CHED> <CHED H="2">4.0 hr</CHED> </BOXHD> <ROW> <ENT I="01">40-49 °F</ENT> <ENT>4.0</ENT> <ENT>4.0</ENT> <ENT>57</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>48</ENT> </ROW> <ROW> <ENT I="01">50-59 °F</ENT> <ENT>4.0</ENT> <ENT>3.5</ENT> <ENT>57</ENT> <ENT>—</ENT> <ENT>48</ENT> <ENT>—</ENT> </ROW> <ROW> <ENT I="01">50-59 °F</ENT> <ENT>3.5</ENT> <ENT>4.0</ENT> <ENT>50</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>42</ENT> </ROW> <ROW> <ENT I="01">60 °F+</ENT> <ENT>4.0</ENT> <ENT>3.0</ENT> <ENT>57</ENT> <ENT>48</ENT> <ENT>—</ENT> <ENT>—</ENT> </ROW> <ROW> <ENT I="01">60 °F+</ENT> <ENT>3.0</ENT> <ENT>4.0</ENT> <ENT>43</ENT> <ENT>—</ENT> <ENT>—</ENT> <ENT>36</ENT> </ROW> <TNOTE> <E T="04">Note:</E> APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of phytotoxic effects.</TNOTE> </GPOTABLE> <CITA>[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781, Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Asian Longhorned Beetle</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 10416, Mar. 7, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.51-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture.</P> <P> <E T="03">Asian longhorned beetle.</E> The insect known as Asian longhorned beetle (<E T="03">Anoplophora glabripennis</E>) in any stage of development.</P> <P> <E T="03">Certificate.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.51-5(a).</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <P> <E T="03">Infestation.</E> The presence of the Asian longhorned beetle in any life stage.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, or other individual authorized by the Administrator to enforce the provisions of this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit.</P> <P> <E T="03">Moved (movement, move).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.51-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.51-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.51-2(a) of this subpart or otherwise designated as a regulated article in accordance with § 301.51-2(b) of this subpart.<PRTPAGE P="41"/> </P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 301.51-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: <E T="03">Acer</E> (maple), <E T="03">Aesculus</E> (horse chestnut), <E T="03">Betula</E> (birch), <E T="03">Hibiscus syriacus L.</E> (Rose of Sharon), <E T="03">Malus</E> (apple), <E T="03">Melia</E> (chinaberry), <E T="03">Morus</E> (mulberry), <E T="03">Populus</E> (poplar), <E T="03">Prunus</E> (cherry), <E T="03">Pyrus</E> (pear), <E T="03">Robinia</E> (locust), <E T="03">Salix</E> (willow), <E T="03">Ulmus</E> (elm), and <E T="03">Citrus.</E> </P> <P>(b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an inspector determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the article, product, or means of conveyance that it is subject to the restrictions of this subpart.</P> <CITA>[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.51-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section, each State or each portion of a State in which the Asian longhorned beetle has been found by an inspector, in which the Administrator has reason to believe that the Asian longhorned beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where Asian longhorned beetle has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the Asian longhorned beetle.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.</P> <P>(c) The following areas are designated as quarantined areas:</P> <HD SOURCE="HD3">Illinois</HD> <P> <E T="03">Cook County</E>. That area in the Ravenswood community in the city of Chicago that is bounded as follows: Beginning on the shoreline of Lake Michigan at Howard Street; then west on Howard Street to Western Avenue; then south on Western Avenue to Bryn Mawr Avenue; then west on Bryn Mawr Avenue to Central Park Avenue; then south on Central Park Avenue to Diversey Avenue; then east on Diversey Avenue to the shoreline of Lake Michigan; then north along the shoreline of Lake Michigan to the point of beginning.</P> <P> <E T="03">Cook and DuPage Counties</E>. That area in Cook and DuPage Counties that is bounded as follows: Beginning at the intersection of Supreme Drive and Thomas Drive in the Village of Bensenville; then south on Thomas Drive to its end; then on a line southwest from the end of Thomas Drive to Church Road; then south on Church Road to Jefferson Street; then east on <PRTPAGE P="42"/>Jefferson Street to the Redmond Recreational Complex property line; then south and east along the Redmond Recreational Complex property line to John Street; then north on John Street to Jefferson Street; then east on Jefferson Street to County Line Road; then continuing east on an imaginary line from the intersection of Jefferson Street and County Line Road through the Chicago, Milwaukee, St. Paul and Pacific Railroad Yards to the intersection of WavelandAvenue and Centrella Street in the Village of Franklin Park; then east on Waveland Avenue to Mannheim Road (State Route 12); then north on Mannheim Road to Interstate 190; then west on Interstate 190 to Bessie Coleman Drive; then north on Bessie Coleman Drive to a point in line with Runway 27 Right on the grounds of O'Hare International Airport; then west along an imaginary line from Bessie Coleman Drive following the line of Runway 27 Right across the grounds of O'Hare International Airport to North York Road; then north on North York Road to Supreme Drive; then west on Supreme Drive to the point of beginning.</P> <P> <E T="03">DuPage County.</E> That area near Addison in DuPage County that is bounded as follows: Beginning at the intersection of Fullerton Avenue and Swift Road; then east along Fullerton Avenue to Lombard Road; then north along Lombard Road to Army Trail; then west along Army Trail to Swift Road; then south along Swift Road to the point of beginning.</P> <P> <E T="03">Village of Summit.</E> That area in the Village of Summit that is bounded as follows: Beginning at the intersection of Archer and 59th Street; then south along Archer to 67th Street; then east along 67th Street to the end; then east along the railroad tracks to Sayre; then north along Sayre to 59th Street; then west along 59th Street to the point of beginning.</P> <HD SOURCE="HD1">New York</HD> <P> <E T="03">New York City</E>. That area in the boroughs of Manhattan, Brooklyn, and Queens in the City of New York that is bounded by a line beginning at the point where the Brooklyn BatteryTunnel intersects the Manhattan shoreline of the East River; then west and north along the shoreline of the Hudson River to Martin Luther King Jr. Boulevard; then east on Martin Luther King Jr. Boulevard and across the Triborough Bridge to its intersection with the west shoreline of Randall's and Ward's Island; then east and south along the shoreline of Randall's and Ward'sIsland to its intersection with the Triborough Bridge; then east along the Triborough Bridge to its intersection with the Queens shoreline; then north and east along the Queens shoreline to its intersection with the City of New York/Nassau County line; then southeast along the City of New York/Nassau County line to its intersection with Grand Central Parkway; then west on Grand Central Parkway to Jackie Robinson Parkway; then west on Jackie Robinson Parkway to Woodhaven Boulevard; then south on Woodhaven Boulevard to Atlantic Avenue; then west on Atlantic Avenue to the Eastern Parkway Extension; then south and west along the Eastern Parkway Extension and Eastern Parkway to Grand Army Plaza; then west along the south side of Grand Army Plaza to Union Street; then west on Union Street to Van Brunt Street; then south on Van Brunt Street to Hamilton Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue and the Brooklyn Battery Tunnel to the East River; then north along the Brooklyn Battery Tunnel across the East River to the point of beginning.</P> <P> <E T="03">Nassau and Suffolk Counties.</E> That area in the villages of Amityville, West Amityville, North Amityville, Babylon, West Babylon, Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa; in the towns of Oyster Bay and Babylon; in the counties of Nassau and Suffolk that is bounded as follows: Beginning at a point where West Main Street intersects the west shoreline of Carlis Creek; then west along West Main Street to Route 109; then north along Route 109 to Arnold Avenue; then northwest along Arnold Avenue to Albin Avenue; then west along Albin Avenue to East John Street; then west along East John Street to Wellwood Avenue; then north along Wellwood Avenue to the Southern State Parkway; then west along the Southern <PRTPAGE P="43"/>State Parkway to Broadway; then south along Broadway to Hicksville Road; then south along Hicksville Road to Division Avenue; then south along Division Avenue to South Oyster Bay; then east along the shoreline of South Oyster Bay to Carlis Creek; then along the west shoreline of Carlis Creek to the point of beginning.</P> <P>That area in the villages of Bayshore, East Islip, Islip, and Islip Terrace in the Town of Islip, in the County of Suffolk, that is bounded as follows: Beginning at a point where Route 27A intersects Brentwood Road; then east along Route 27A to the Southern State Parkway Heckscher Spur; then north and west along the Southern State Parkway Heckscher Spur to Carleton Avenue; then north along Carleton Avenue to the southern boundary of the New York Institute of Technology; then west along the southern boundary of the New York Institute of Technology through its intersection with Wilson Boulevard to Pear Street; then west along Pear Street through its intersection with Freeman Avenue to Riddle Street; then west along Riddle Street to Broadway; then south along Broadway to the Southern State Parkway Heckscher Spur; then west along the Southern State Parkway Heckscher Spur to Brentwood Road; then south along Brentwood Road to the point of beginning.</P> <CITA>[62 FR 10416, Mar. 7, 1997, as amended at 63 FR 63387, Nov. 13, 1998; 64 FR 28715, May 27, 1999; 65 FR 4866, Feb. 2, 2000; 65 FR 54944, Sept. 12, 2000; 66 FR 56430, Nov. 8, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.51-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>(a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions:</P> <P>(1) With a certificate or limited permit issued and attached in accordance with §§ 301.51-5 and 301.51-8;</P> <P>(2) Without a certificate or limited permit if:</P> <P>(i) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or</P> <P>(ii) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions:</P> <P>(A) The points of origin and destination are indicated on a waybill accompanying the regulated article; and</P> <P>(B) The regulated article is moved through the quarantined area without stopping, or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by Asian longhorned beetle; and</P> <P>(C) The article has not been combined or commingled with other articles so as to lose its individual identity.</P> <P>(b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article interstate, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of.</P> </SECTION> <SECTION> <SECTNO>§ 301.51-5</SECTNO> <SUBJECT> Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) An inspector <SU>1</SU> <FTREF/> or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article:</P> <FTNT> <P> <SU>1</SU> Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(1)(i) Is apparently free of Asian longhorned beetle in any stage of development, based on inspection of the regulated article; or</P> <P>(ii) Has been grown, produced, manufactured, stored, or handled in such a manner that, in the judgment of the inspector, the regulated article does not present a risk of spreading Asian longhorned beetle; and<PRTPAGE P="44"/> </P> <P>(2) Is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>2</SU> <FTREF/> to prevent the artificial spread of the Asian longhorned beetle; and</P> <FTNT> <P> <SU>2</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles.</P> <P>(b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article:</P> <P>(1) Is to be moved interstate to a specified destination for specific processing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of Asian longhorned beetle because Asian longhorned beetle will be destroyed by the specific processing, handling, or utilization; and</P> <P>(2) It is to be moved in compliance with any additional conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the Asian longhorned beetle; and</P> <P>(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with § 301.51-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section.</P> <P>(d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.</P> <CITA>[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.51-6</SECTNO> <SUBJECT> Compliance agreements and cancellation.</SUBJECT> <P>(a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement <SU>3</SU> <FTREF/> if such persons review with an inspector each stipulation of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <FTNT> <P> <SU>3</SU> Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local offices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If <PRTPAGE P="45"/>the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.</P> </SECTION> <SECTION> <SECTNO>§ 301.51-7</SECTNO> <SUBJECT> Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Persons requiring certification or other services must request the services from an inspector <SU>4</SU> <FTREF/> at least 48 hours before the services are needed.</P> <FTNT> <P> <SU>4</SU> See footnote 1 to § 301.51-5.</P> </FTNT> <P>(b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.51-8</SECTNO> <SUBJECT> Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to:</P> <P>(1) The outside of the container encasing the regulated article;</P> <P>(2) The article itself, if it is not in a container; or</P> <P>(3) The consignee's copy of the accompanying waybill; Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and</P> <P>(b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.51-9</SECTNO> <SUBJECT> Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Pink Bollworm</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>32 FR 16385, Nov. 30, 1967, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.52</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <P>(a) <E T="03">Notice of quarantine.</E> The following States are quarantined to prevent the spread of the pink bollworm (<E T="03">Pectinophora gossypiella</E> (Saund.)): Arizona, California, New Mexico, Oklahoma, and Texas.</P> <P>(b) <E T="03">Regulated articles.</E> No common carrier or other person shall move interstate from any quarantined State any regulated article, except in accordance with this subpart. The following are regulated articles:</P> <P>(1) Cotton and wild cotton, including all parts of these plants.</P> <P>(2) Seed cotton.</P> <P>(3) Cottonseed.</P> <P>(4) American-Egyptian (long-staple) varieties of cotton lint, linters, and lint cleaner waste; except:<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> The articles hereby exempted remain subject to applicable restrictions under other quarantines and must have not been exposed to pink bollworm infestation after ginning or compression as prescribed.</P> </FTNT> <P>(i) American-Egyptian cotton lint, linters, and lint cleaner waste compressed to a density of at least 22 pounds per cubic foot.</P> <P>(ii) Trade samples of American-Egyptian cotton lint and linters.</P> <P>(5) Cotton waste produced at cotton gins and cottonseed oil mills.</P> <P>(6) Cotton gin trash.</P> <P>(7) Used bagging and other used wrappers for cotton.<PRTPAGE P="46"/> </P> <P>(8) Used cotton harvesting equipment and used cotton ginning and used cotton oil mill equipment.</P> <P>(9) Kenaf, including all parts of the plants.</P> <P>(10) Okra, including all parts of these plants, except:</P> <P>(i) Canned or frozen okra; or</P> <P>(ii) Okra seed; and</P> <P>(iii) Fresh, edible fruits of okra:</P> <P>(A) During December 1 through May 15 if moved interstate, but only during January 1 through March 15 if moved to California.</P> <P>(B) During May 16 through November 30, if moved interstate to any portion of Illinois, Kentucky, Missouri, or Virginia that is north of the 38th parallel; or to any destination in Colorado, Connecticut, Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, or Wyoming.</P> <P>(11) Any other product, article, or means of conveyance not covered by paragraphs (b) (1) through (10) of this section, when an inspector determines that it presents a risk of spread of the pink bollworm and the person in possession of the product, article, or means of conveyance has actual notice that it is subject to the restrictions of this subpart.</P> <CITA>[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983; 49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb. 18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR 31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23, 1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR 23945, May 2, 1997; 65 FR 11204, Mar. 2, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.52-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively to mean:</P> <P>(a) <E T="03">Certificate.</E> A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.</P> <P>(b) <E T="03">Compliance agreement.</E> A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.</P> <P>(c) <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Service to whom authority to act in his stead has been or may hereafter be delegated.</P> <P>(d) <E T="03">Generally infested area.</E> Any part of a regulated area not designated as a suppressive area in accordance with § 301.52-2.</P> <P>(e) <E T="03">Infestation.</E> The presence of the pink bollworm or the existence of circumstances that make it reasonable to believe that pink bollworm is present.</P> <P>(f) <E T="03">Inspector.</E> Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart.</P> <P>(g) <E T="03">Interstate.</E> From any State, territory, or district of the United States into or through any other State, territory, or district of the United States (including Puerto Rico).</P> <P>(h) <E T="03">Limited permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertified regulated articles to a specified destination for limited handling, utilization, or processing or for treatment.</P> <P>(i) <E T="03">Moved</E> (<E T="03">movement, move</E>). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. “Movement” and “move” shall be construed accordingly.<PRTPAGE P="47"/> </P> <P>(j) <E T="03">Person.</E> Any individual, corporation, company, society, or association, or other organized group of any of the foregoing.</P> <P>(k) <E T="03">Pink bollworm.</E> The live insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development.</P> <P>(l) <E T="03">Regulated area.</E> Any quarantined State, territory, or district, or any portion thereof, listed as a regulated area in § 301.52-2a by the Deputy Administrator in accordance with § 301.52-2(a).</P> <P>(m) <E T="03">Regulated articles.</E> Any articles described in § 301.52(b).</P> <P>(n) <E T="03">Restricted destination permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certified under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.</P> <P>(o) <E T="03">Scientific permit.</E> A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.</P> <P>(p) <E T="03">Suppressive area.</E> That part of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under § 301.52-2(a).</P> <P>(q) <E T="03">Treatment manual.</E> The provisions currently contained in the “Plant Protection and Quarantine Treatment Manual” and any amendments thereto. <SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> A pamphlet containing such provisions is available, upon request, from the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector.</P> </FTNT> <CITA>[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 17, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.52-2</SECTNO> <SUBJECT>Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.</SUBJECT> <P>The Deputy Administrator shall publish and amend from time to time as the facts warrant, the following lists:</P> <P>(a) <E T="03">List of regulated areas and suppressive or generally infested areas.</E> The Deputy Administrator shall list as regulated areas in a supplemental regulation designated as § 301.52-2a, the quarantined States, territories, or districts, or portions thereof, in which pink bollworm has been found or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions thereof in § 301.52-1. Less than an entire quarantined State, territory, or district will be designated as a regulated area only if the Deputy Administrator is of the opinion that:</P> <P>(1) The State, territory, or district has adopted and is enforcing a quarantine or regulations which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State, territory, or district, as a regulated area will otherwise be adequate to prevent the interstate spread of the pink bollworm.</P> <CITA>[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.52-2a</SECTNO> <SUBJECT>Regulated areas; suppressive and generally infested areas.</SUBJECT> <P>The civil divisions and part of civil divisions described below are designated as pink bollworm regulated areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below.</P> <EXTRACT> <HD SOURCE="HD1">Arizona</HD> <P>(1) <E T="03">Generally infested area.</E> Entire State.</P> <P>(2) <E T="03">Suppressive area.</E> None.</P> <HD SOURCE="HD1">California</HD> <P>(1) <E T="03">Generally infested area.</E> </P> <P> <E T="03">Imperial County.</E> The entire county.</P> <P> <E T="03">Inyo County.</E> The entire county.</P> <P> <E T="03">Los Angeles County.</E> The entire county.</P> <P> <E T="03">Orange County.</E> The entire county.<PRTPAGE P="48"/> </P> <P> <E T="03">Riverside County.</E> The entire county.</P> <P> <E T="03">San Bernardino County.</E> The entire county.</P> <P> <E T="03">San Diego County.</E> The entire county.</P> <P>(2) <E T="03">Suppressive area.</E> </P> <P> <E T="03">Fresno County.</E> The entire county.</P> <P> <E T="03">Kern County.</E> The entire county.</P> <P> <E T="03">Kings County.</E> The entire county.</P> <P> <E T="03">Madera County.</E> The entire county.</P> <P> <E T="03">Merced County.</E> The entire county.</P> <P> <E T="03">San Benito County.</E> The entire county.</P> <P> <E T="03">Tulare County.</E> The entire county.</P> <HD SOURCE="HD1">New Mexico</HD> <P>(1) <E T="03">Generally infested area.</E> Entire State.</P> <P>(2) <E T="03">Suppressive area.</E> None.</P> <HD SOURCE="HD1">Oklahoma</HD> <P>(1) <E T="03">Generally infested area.</E> Entire State.</P> <P>(2) <E T="03">Suppressive area.</E> None.</P> <HD SOURCE="HD1">Texas</HD> <P>(1) <E T="03">Generally infested area.</E> Entire State.</P> <P>(2) <E T="03">Suppressive area.</E> None.</P> </EXTRACT> <CITA>[42 FR 13533, Mar. 11, 1977] </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 301.52-2a, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 301.52-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States. <SU>3</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>Any regulated articles may be moved interstate from any quarantined State under the following conditions:</P> <P>(a) From any regulated area, with certificate or permit issued and attached in accordance with §§ 301.52-4 and 301.52-7 if moved:</P> <P>(1) From any regulated area into or through any point outside of the regulated areas; or</P> <P>(2) From any generally infested area into or through any suppressive area; or</P> <P>(3) Between any noncontiguous suppressive areas; or</P> <P>(4) Between contiguous suppressive areas when it is determined by the inspector that the regulated articles present a hazard of the spread of the pink bollworm and the person in possession thereof has been so notified; or</P> <P>(b) From any regulated area, without certificate or permit if moved;</P> <P>(1) From a generally infested area to a contiguous generally infested area; or</P> <P>(2) From a suppressive area to a contiguous generally infested area; or</P> <P>(3) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the pink bollworm exists; or</P> <P>(4) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or</P> <P>(c) From any area outside the regulated areas, without a certificate or permit if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.</P> <CITA>[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.52-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <P>(a) Certificates may be issued for any regulated articles by any inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:</P> <P>(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or</P> <P>(2) Upon examination, have been found to be free of infestation; or</P> <P>(3) Have been treated to destroy infestation in accordance with the treatment manual; or</P> <P>(4) Have been grown, produced, manufactured, stored, or handled in such manner that no infestation would be transmitted thereby.</P> <P>(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles, not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the <PRTPAGE P="49"/>treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the pink bollworm and requirements of other applicable Federal domestic plant quarantines have been met.</P> <P>(c) Restricted destination permits may be issued by an inspector to allow the interstate movement of regulated articles to any destination permitted under all applicable Federal domestic plant quarantines (for other than scientific purposes) if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.</P> <P>(d) Scientific permits may be issued by the Deputy Administrator to allow the interstate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Deputy Administrator.</P> <P>(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has made one of the determination specified in paragraph (a) of this section with respect to such articles. Any such person may use the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specific destinations authorized by the inspector in accordance with paragraph (b) of this section. Any such person may use the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.</P> <P>(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.52-5</SECTNO> <SUBJECT>Compliance agreements; and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.</P> <P>(b) Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever he finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.</P> </SECTION> <SECTION> <SECTNO>§ 301.52-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.52-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection.</P> </SECTION> <SECTION> <SECTNO>§ 301.52-7</SECTNO> <SUBJECT>Attachment and disposition of certificates or permits.</SUBJECT> <P>(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required.<PRTPAGE P="50"/> </P> <P>(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.52-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <P>Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and pink bollworms as provided sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator.</P> <CITA>[32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.52-9</SECTNO> <SUBJECT>Movement of live pink bollworms.</SUBJECT> <P>Regulations requiring a permit for, and otherwise governing the movement of live pink bollworms in interstate or foreign commerce are contained in the Federal Plant Pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 301.52-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> <P>The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Mexican Fruit Fly Quarantine and Regulations</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>48 FR 54580, Dec. 6, 1983, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.64</SECTNO> <SUBJECT>Quarantine and regulations; restrictions on interstate movement of regulated articles.<SU>1,2</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> <P> <SU>2</SU> Regulations concerning the movement of live Mexican fruit flies in interstate or foreign commerce are contained in part 330 of this chapter.</P> </FTNT> <P>(a) <E T="03">Quarantine and regulations.</E> The Secretary of Agriculture hereby quarantines the State of Texas in order to prevent the artificial spread of the Mexican fruit fly, a dangerous plant pest not heretofore widely prevalent or distributed within and throughout the United States; and hereby establishes regulations governing the interstate movement of regulated articles specified in § 301.64-2.</P> <P>(b) <E T="03">Restrictions on interstate movement of regulated articles.</E> No common carrier or other person shall move from any regulated area any regulated article interstate into or through American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States, except in accordance with the conditions prescribed in this subpart.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50 FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov. 15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103, Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62 FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997; 64 FR 40282, July 26, 1999; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as a plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Certificate.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.64-5(c).</P> <P> <E T="03">Compliance agreement.</E> A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.<PRTPAGE P="51"/> </P> <P> <E T="03">Core area.</E> The 1 square mile area surrounding each property where Mexican fruit fly has been detected.</P> <P> <E T="03">Day degrees.</E> A mathematical construct combining average temperature over time that is used to calculate the length of a Mexican fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: </P> <FP SOURCE="FP-1">(Minimum Daily Temp + Maximum Daily Temp)/2)−54°=Day Degrees.</FP> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, or any officer or employee of the Department to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Infestation.</E> The presence of the Mexican fruit fly or the existence of circumstances that make it reasonable to believe that the Mexican fruit fly is present.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the quarantines and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such regulated article is eligible for interstate movement in accordance with § 301.64-5(b).</P> <P> <E T="03">Mexican fruit fly.</E> The insect known as Mexican fruit fly (<E T="03">Anastrepha ludens</E> (Loew)) in any stage of development.</P> <P> <E T="03">Moved (movement, move).</E> Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. “Movement” and “move” shall be construed accordingly.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Plant Protection and Quarantine</E>. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Regulated area.</E> Any State, or any portion thereof, listed in § 301.64-3(c) or otherwise designated as a regulated area in accordance with § 301.64-3(b).</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.64-2 of otherwise designated as a regulated article in accordance with § 301.64-2(c).</P> <P> <E T="03">State.</E> Each of the several States of the United States, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States and all other territories and possessions of the United States.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>(a) The following fruits are regulated articles: </P> <EXTRACT> <FP SOURCE="FP-1">Apple (<E T="03">Malus sylvestris</E>)</FP> <FP SOURCE="FP-1">Apricot (<E T="03">Prunus armeniaca</E>)</FP> <FP SOURCE="FP-1">Avocado (<E T="03">Persea americana</E>)</FP> <FP SOURCE="FP-1">Calamondin orange (<E T="03">X citrofortunella mitis</E>)</FP> <FP SOURCE="FP-1">Cherimoya (<E T="03">Annona cherimola</E>)</FP> <FP SOURCE="FP-1">Citrus citron (<E T="03">Citrus medica</E>)</FP> <FP SOURCE="FP-1">Custard apple (<E T="03">Annona reticulata</E>)</FP> <FP SOURCE="FP-1">Grapefruit (<E T="03">Citrus paradisi</E>)</FP> <FP SOURCE="FP-1">Guava (<E T="03">Pisdium guajava</E>)</FP> <FP SOURCE="FP-1">Japanese plum (<E T="03">Prunus salicina</E>)</FP> <FP SOURCE="FP-1">Lemon (<E T="03">Citrus limon</E>) except Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour lemon)</FP> <FP SOURCE="FP-1">Lime (<E T="03">Citrus aurantiifolia</E>) except sour limes</FP> <FP SOURCE="FP-1">Mamey (<E T="03">Mammea americana</E>)</FP> <FP SOURCE="FP-1">Mandarin orange (tangerine) (<E T="03">Citrus reticulata</E>)</FP> <FP SOURCE="FP-1">Mango (<E T="03">Mangifera indica</E>)</FP> <FP SOURCE="FP-1">Nectarine (<E T="03">Prunus persica</E>)</FP> <FP SOURCE="FP-1">Peach (<E T="03">Prunus persica</E>)</FP> <FP SOURCE="FP-1">Pear (<E T="03">Pyrus communis</E>)</FP> <FP SOURCE="FP-1">Plum (<E T="03">Prunus americana</E>)</FP> <FP SOURCE="FP-1">Pomegranate (<E T="03">Punica granatum</E>)</FP> <FP SOURCE="FP-1">Prune, Plum (<E T="03">Prunus domestica</E>)</FP> <FP SOURCE="FP-1">Plummelo (Shaddock) (<E T="03">Citrus maxima</E>)</FP> <FP SOURCE="FP-1">Quince (<E T="03">Cydonia oblonga</E>)</FP> <FP SOURCE="FP-1">Rose apple (<E T="03">Syzygium jambos (Eugenia jambos)</E>)</FP> <FP SOURCE="FP-1">Sour orange (<E T="03">Citrus aurantium</E>)</FP> <FP SOURCE="FP-1">Sapote (<E T="03">Casimiroa spp.</E>)</FP> <FP SOURCE="FP-1">Sapota, Sapodilla (Sapotaceae)</FP> <FP SOURCE="FP-1">Sargentia, yellow chapote (<E T="03">Sargentia greggii</E>)</FP> <FP SOURCE="FP-1">Spanish plum, purple mombin or Ciruela (<E T="03">Spondias spp.</E>)</FP> <FP SOURCE="FP-1">Sweet orange (<E T="03">Citrus sinensis</E>)</FP> </EXTRACT> <PRTPAGE P="52"/> <FP>Except that the list does not include any fruits which have been canned, or frozen below −17.8 °C (0 °F);</FP> <P>(b) Soil within the drip line of plants which are producing or have produced the fruits listed in paragraph (a) of this section, and</P> <P>(c) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) or paragraph (b) of this section, when it is determined by an inspector that it presents a risk of spread of the Mexican fruit fly and the person in possession thereof has actual notice that the product, article or means of conveyance is subject to the restrictions of this section.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 64 FR 71269, Dec. 21, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Deputy Administrator shall list as a regulated area in paragraph (c) of this section, each quarantined State, or each portion thereof, in which the Mexican fruit fly has been found by an inspector or in which the Deputy Administrator has reason to believe that the Mexican fruit fly is present, or each portion of a quarantined State which the Deputy Administrator deems necessary to regulate because of its proximity to the Mexican fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Mexican fruit fly occurs. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator determines that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the Mexican fruit fly.</P> <P>(b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such area. Written notice of such designation shall be given to the owner or person in possession of such nonregulated area, and, thereafter, the interstate movement of any regulated article from such area shall be subject to the applicable provisions of this subpart. As soon as practicable, such area shall be added to the list in paragraph (c) of this section or such designation shall be terminated by the Deputy Administrator or an inspector, and notice thereof shall be given to the owner or person in possession of the area.</P> <P>(c) The areas described below are designated as regulated areas: </P> <EXTRACT> <HD SOURCE="HD1">Texas</HD> <P> <E T="03">Cameron County.</E> The entire county.</P> <P> <E T="03">Hidalgo County.</E> The entire county.</P> <P> <E T="03">Willacy County.</E> The entire county.</P> </EXTRACT> <CITA>[48 FR 54580, Dec. 6, 1983]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 301.64-3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 301.64-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.</SUBJECT> <P>Any regulated article may be moved interstate from any regulated area in a quarantined State into or through those areas listed in § 301.64(b) of this subpart only if moved under the following conditions: <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.64-5 and 301.64-8;</P> <P>(b) Without a certificate or limited permit, if:</P> <P>(1) Moved to any State not listed in § 301.64(b) or</P> <P>(2)(i) Moved directly through (moved without stopping except under normal traffic conditions, such as for traffic lights or stop signs) any regulated area in an enclosed vehicle or completely enclosed by a covering adequate to prevent the introduction of the Mexican fruit fly (such as canvas, plastic , or closely woven cloth), and<PRTPAGE P="53"/> </P> <P>(ii) The article originated outside of any regulated area, and</P> <P>(iii) The point of origin of the article is clearly indicated by shipping documents and its identity has been maintained.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate shall be issued by an inspector for the movement of a regulated article if such inspector:</P> <P>(1)(i) Determines that it has been treated under the direction of an inspector <SU>4</SU> <FTREF/> in accordance with § 301.64-10; or</P> <FTNT> <P> <SU>4</SU> Treatments shall be monitored by inspectors in order to assure compliance with the requirements in this subpart.</P> </FTNT> <P>(ii) Determines based on inspection of the premises of origin that the premises are free from the Mexican fruit fly and the article has not been exposed to Mexican fruit fly; or</P> <P>(iii) Determines based on inspection of the article that it is free from Mexican fruit fly; and</P> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican fruit fly; <SU>5</SU> <FTREF/> and</P> <FTNT> <P> <SU>5</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to such article.</P> <P>(b) A limited permit shall be issued by an inspector for the movement of a regulated article if such inspector:</P> <P>(1) Determines, in consultation with the Deputy Administrator, that it is to be moved to a specified destination for specified handling, utilization, processing, or for treatment in accordance with § 301.64-10 (such destination and other conditions to be specified on the limited permit), when, upon evaluation of all of the circumstances involved in each case, it is determined that such movement will not result in the spread of the Mexican fruit fly because life stages of the pest will be destroyed by such specified handling, utilization, processing, or treatment;</P> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican fruit fly; <SU>5</SU> and</P> <P>(3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines and regulations applicable to such article.</P> <P>(c) Certificates and limited permits for use for movement of regulated articles may be issued by an inspector or person engaged in the business of growing, handling, or moving regulated articles provided such person is operating under a compliance agreement. Any such person may execute and issue a certificate for the interstate movement of a regulated article if such person has treated such regulated article to destroy infestation in accordance with the provisions in § 301.64-10 and the inspector has made the determination that such article is otherwise eligible for a certificate in accordance with paragraph (a) of this section; or if the inspector has made the determination that such article is eligible for a certificate in accordance with paragraph (a) of this section without such treatment. Any such person may execute and issue a limited permit for interstate movement of a regulated article when the inspector has made the determination that such article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if such inspector determines that the holder thereof has not complied with any conditions under the regulations for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts <PRTPAGE P="54"/>and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. <SU>6</SU> <FTREF/> The compliance agreement shall be a written agreement between a person engaged in such a business and Plant Protection and Quarantine, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.</P> <FTNT> <P> <SU>6</SU> Compliance Agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in telephone directories).</P> </FTNT> <P>(b) Any compliance agreement may be cancelled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.64-5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector <SU>7</SU> <FTREF/> to take any necessary action under this subpart prior to movement of the regulated article.</P> <FTNT> <P> <SU>7</SU> Inspectors are assigned to local offices of Plant Protection and Quarantine which are listed in telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) Such article shall be assembled at such point and in such manner as the inspector designates as necessary to comply with the requirements of this subpart.</P> <CITA>[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.64-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article, at the times during such movement, shall be securely attached to the outside of the containers containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; <E T="03">Provided however</E>, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy <PRTPAGE P="55"/>of the waybill or other shipping documents only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify such article.</P> <P>(b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.64-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The service of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> <SECTION> <SECTNO>§ 301.64-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatments for regulated articles must be one of the following:</P> <P>(a) <E T="03">Apple, grapefruit, orange, pear, plum, pomegranate, quince, and tangerine</E>. Cold treatment in accordance with the PPQ Treatment Manual. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference”.</P> <P>(b) <E T="03">Soil within the dripline of plants that are producing or that have produced fruits listed in § 301.64-2(a)</E>. Remove host fruits from host plants prior to treatment. Using ground equipment, drench the soil under the host plants with 5 lb a.i. diazinon per acre (0.12 lb or 2 oz avdp per 1,000 ft <SU>2</SU>) mixed with 130 gal of water per acre (3 gal per 1,000 ft <SU>2</SU>). Apply at 14- to 16-day intervals as needed. Repeat applications if infestations become established. In addition to the above, follow all label directions for diazinon.</P> <P>(c) <E T="03">Premises.</E> A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with either malathion or spinosad bait spray. These treatments must take place at 6-to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Mexican fruit fly. Determination of the time period must be based on the day degrees model for Mexican fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of protein hydrolysate per acre. The spinosad bait spray treatment must be applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved spinosad formulation and 48 oz of protein hydrolysate per acre. For ground applications, the mixture may be diluted with water to improve coverage.</P> <P>(d) <E T="03">Grapefruit and oranges</E>. Methyl bromide in accordance with the PPQ Treatment Manual.</P> <P>(e) <E T="03">Grapefruit, oranges, and tangerines</E>. High-temperature forced air in accordance with the PPQ Treatment Manual.</P> <P>(f) <E T="03">Citrons, litchis, longans, persimmons, and white zapotes.</E> Cold treatment in accordance with the PPQ Treatment Manual (for full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference”) and in accordance with the following schedule:</P> <GPOTABLE CDEF="s25,xs48" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Treatment</CHED> <CHED H="1">Exposure<LI>period</LI> </CHED> </BOXHD> <ROW> <ENT I="01">33 °F or below</ENT> <ENT>18 days.</ENT> </ROW> <ROW> <ENT I="01">34 °F or below</ENT> <ENT>20 days.</ENT> </ROW> <ROW> <ENT I="01">35 °F or below</ENT> <ENT>22 days.</ENT> </ROW> </GPOTABLE> <CITA>[63 FR 68164, Dec. 10, 1998, as amended at 64 FR 37665, July 13, 1999; 64 FR 71270, Dec. 21, 1999]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Plum Pox</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>65 FR 35264, June 2, 2000, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.74</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>No person may move interstate from any quarantined area any regulated article except in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, qurantine, <PRTPAGE/>treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles a provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <CITA>[65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <PRTPAGE P="56"/> <SECTNO>§ 301.74-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The following definitions apply to this subpart.</P> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.</P> <P> <E T="03">Departmental permit.</E> A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.74-4 of this subpart.</P> <P> <E T="03">Infestation (infested, infected).</E> The presence of plum pox or circumstances or symptoms that makes it reasonable to believe that plum pox is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, UnitedStates Department of Agriculture, or other person authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Moved (move, movement).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Plant Protection and Quarantine.</E> Plant Protection and Quarantine, Animal and PlantHealth Inspection Service, United States Department of Agriculture.</P> <P> <E T="03">Plum pox.</E> A plant disease caused by plum pox potyvirus that can affect many <E T="03">Prunus</E> (stone fruit) species, including, but not limited to, almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The strain of plum pox in Pennsylvania does not affect cherry trees.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.74-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.74-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.74-2(a) or otherwise designated as a regulated article in accordance with § 301.74-2(b), based on its susceptibility to the form or strain of plum pox detected in the quarantined area.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 301.74-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) All plant material and plant parts of <E T="03">Prunus</E> (stone fruit) species other than <E T="03">P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis,</E> and <E T="03">P. virginiana,</E> except for seeds and fruit that is free of leaves and other plant parts. This includes, but is not limited to, trees, seedlings, root stock, budwood, branches, twigs, and leaves.</P> <P>(b) Any other product or article that an inspector determines to present a risk of spreading plum pox when the inspector notifies the person in possession of the product or article that it is subject to the restrictions in the regulations.</P> </SECTION> <SECTION> <SECTNO>§ 301.74-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which plum pox has been detected through inspection and laboratory testing, or in which the Administrator has reason to believe that plum pox is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which plum pox has been detected. Less than an entire State will be designated as a quarantined area if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate <PRTPAGE P="57"/>movement of the regulated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of plum pox.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with paragraph (a) of this section. The Administrator will give a copy of this regulation along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which the quarantine designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) The areas described below are designated as quarantined areas:</P> <EXTRACT> <HD SOURCE="HD1">Pennsylvania</HD> <FP SOURCE="FP-1"> <E T="03">Adams County.</E> The townships of Latimore and Huntington.</FP> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 301.74-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>The interstate movement of any regulated article from a quarantined area <SU>2</SU> <FTREF/> is prohibited except when:</P> <FTNT> <P> <SU>2</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) The regulated article is moved by the United States Department of Agriculture:</P> <P>(1) For an experimental or scientific purpose;</P> <P>(2) Pursuant to a Departmental permit issued by the Administrator for the regulated article;</P> <P>(3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plum pox; and</P> <P>(4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container; or</P> <P>(b) The regulated article originated outside the quarantined area and:</P> <P>(1) Is moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or other closely woven cloth) adequate to prevent access by aphids or other transmission agents of plum pox while in the quarantined area;</P> <P>(2) The regulated article's point of origin is indicated on the waybill; and</P> <P>(3) The regulated article must not be uncovered, unpacked, or unloaded while moving through the quarantined area.</P> </SECTION> <SECTION> <SECTNO>§ 301.74-5</SECTNO> <SUBJECT>Compensation.</SUBJECT> <P>(a) <E T="03">Eligibility.</E> The following individuals are eligible to receive compensation from the U.S. Department of Agriculture to mitigate losses or expenses incurred because of the plum pox quarantine and emergency actions:</P> <P>(1) <E T="03">Owners of commercial stone fruit orchards.</E> The owner of a commercial stone fruit orchard will be eligible to receive compensation for losses associated with the destruction of trees in order to control plum pox pursuant to an emergency action notification issued by the Animal and Plant Health Inspection Service (APHIS).</P> <P>(2) <E T="03">Owners of fruit tree nurseries.</E> The owner of a fruit tree nursery will be eligible to receive compensation for net revenue losses associated with the prohibition on the movement or sale of nursery stock as a result of the issuance of an emergency action notification by APHIS with respect to regulated articles within the nursery in order to control plum pox.</P> <P>(b) <E T="03">Amount of payment.</E> Upon approval of a claim submitted in accordance with paragraph (c) of this section, individuals eligible for compensation under paragraph (a) of this section will be paid at the rates indicated in this paragraph.<PRTPAGE P="58"/> </P> <P>(1) <E T="03">Owners of commercial stone fruit orchards.</E> Owners of commercial stone fruit orchards who meet the eligibility requirements of paragraph (a)(1) of this section will be compensated on a per-acre basis at a rate based on the age of the trees destroyed. If the trees were not destroyed by the date specified on the emergency action notification, the compensation payment will be reduced by 10 percent and by any tree removal costs incurred by the State or the U.S. Department of Agriculture (USDA). The maximum USDA compensation rate is 85 percent of the loss in value, adjusted for any State-provided compensation to ensure total compensation from all sources does not exceed 100 percent of the loss in value.</P> <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2,tp0,i1"> <BOXHD> <CHED H="1">Age of trees<LI>(years)</LI> </CHED> <CHED H="1">Maximum compensation rate<LI>($/acre, equal to 85% of loss in value)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">1</ENT> <ENT>4,805</ENT> </ROW> <ROW> <ENT I="01">2</ENT> <ENT>7,394</ENT> </ROW> <ROW> <ENT I="01">3</ENT> <ENT>9,429</ENT> </ROW> <ROW> <ENT I="01">4</ENT> <ENT>12,268</ENT> </ROW> <ROW> <ENT I="01">5</ENT> <ENT>14,505</ENT> </ROW> <ROW> <ENT I="01">6</ENT> <ENT>14,918</ENT> </ROW> <ROW> <ENT I="01">7</ENT> <ENT>15,000</ENT> </ROW> <ROW> <ENT I="01">8</ENT> <ENT>14,709</ENT> </ROW> <ROW> <ENT I="01">9</ENT> <ENT>14,383</ENT> </ROW> <ROW> <ENT I="01">10</ENT> <ENT>14,015</ENT> </ROW> <ROW> <ENT I="01">11</ENT> <ENT>13,601</ENT> </ROW> <ROW> <ENT I="01">12</ENT> <ENT>13,136</ENT> </ROW> <ROW> <ENT I="01">13</ENT> <ENT>12,613</ENT> </ROW> <ROW> <ENT I="01">14</ENT> <ENT>12,024</ENT> </ROW> <ROW> <ENT I="01">15</ENT> <ENT>11,361</ENT> </ROW> <ROW> <ENT I="01">16</ENT> <ENT>10,616</ENT> </ROW> <ROW> <ENT I="01">17</ENT> <ENT>9,854</ENT> </ROW> <ROW> <ENT I="01">18</ENT> <ENT>9,073</ENT> </ROW> <ROW> <ENT I="01">19</ENT> <ENT>8,272</ENT> </ROW> <ROW> <ENT I="01">20</ENT> <ENT>7,446</ENT> </ROW> <ROW> <ENT I="01">21</ENT> <ENT>6,594</ENT> </ROW> <ROW> <ENT I="01">22</ENT> <ENT>5,789</ENT> </ROW> <ROW> <ENT I="01">23</ENT> <ENT>5,035</ENT> </ROW> <ROW> <ENT I="01">24</ENT> <ENT>4,341</ENT> </ROW> <ROW> <ENT I="01">25</ENT> <ENT>3,713</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">Owners of fruit tree nurseries.</E> Owners of fruit tree nurseries who meet the eligibility requirements of paragraph (a)(2) of this section will be compensated for up to 85 percent of the net revenues lost from their first and second year crops as the result of the issuance of an emergency action notification which will be calculated as follows:</P> <P>(i) <E T="03">First year crop.</E> The net revenue loss for trees that were expected to be sold in the year during which the emergency action notification was issued (<E T="03">i.e.,</E> the first year crop) will be calculated as <E T="03">(expected number of trees to be sold)</E> × <E T="03">(average price per tree)</E> − <E T="03">(digging, grading, and storage costs)</E> = net revenue lost for first year crop, where:</P> <P>(A) The expected number of trees to be sold equals the number of trees in the field minus 2 percent culls minus 3 percent unsold trees; and</P> <P>(B) The average price per tree is $4.65; and</P> <P>(C) Digging, grading and storage costs are $0.10 per tree.</P> <P>(ii) <E T="03">Second year crop.</E> The net revenue loss for trees that would be expected to be sold in the year following the year during which the emergency action notification was issued (<E T="03">i.e.,</E> the second year crop) will be calculated as <E T="03">(expected number of trees to be sold)</E> × <E T="03">(average price per tree)</E> = net revenue lost for second year crop, where:</P> <P>(A) The expected number of trees to be sold equals the number of budded trees in the field minus 20 percent death loss minus 2 percent culls; and</P> <P>(B) The average price per tree is $4.65 for plum and apricot trees and $3.30 for peach and nectarine trees.</P> <P>(c) <E T="03">How to apply.</E> The form necessary to submit a claim for compensation may be obtained from the Plum Pox Cooperative Eradication Program, USDA, APHIS, PPQ, 401 East Louther Street, Suite 102, Carlisle, PA 17013-2625. The completed claim form must be sent to the same address. Claims for trees or nursery stock destroyed on or before the effective date of this rule must be received within 60 days after the effective date of this rule. Claims for trees or nursery stock destroyed after the effective date of this rule must be received within 60 days after the destruction of the trees or nursery stock. Claims must be submitted as follows:</P> <P>(1) <E T="03">Claims by owners of commercial stone fruit orchards.</E> The completed application must be accompanied by a copy of the PDA or APHIS document ordering the destruction of the trees, its accompanying inventory that describes the acreage and ages of trees removed, and documentation verifying that the destruction of trees has been completed and the date of that destruction.<PRTPAGE P="59"/> </P> <P>(2) <E T="03">Claims by owners of fruit tree nurseries.</E> The completed application must be accompanied by a copy of the order prohibiting the sale or movement of the nursery stock, its accompanying inventory that describes the total number of trees and the age and variety, and documentation describing the final disposition of the nursery stock.</P> <P>(d) <E T="03">Replanting.</E> Premises on which trees have been destroyed because of plum pox pursuant to an emergency action notification issued by APHIS may not be replanted with susceptible <E T="03">Prunus</E> species (<E T="03">Prunus</E> species identified as regulated articles) for 3 years.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0159)</APPRO> <CITA>[65 FR 55435, Sept. 14, 2000]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Canker</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>50 FR 51231, Dec. 13, 1985, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Notice of Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.75-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">ACC coverage.</E> The crop insurance coverage against Asiatic citrus canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance Program authorized by the Federal Crop Insurance Corporation.</P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture.</P> <P> <E T="03">Certificate.</E> An official document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area into any area of the United States.</P> <P> <E T="03">Citrus canker.</E> A plant disease caused by strains of the bacterium <E T="03">Xanthomonas axonopodis</E> pv. <E T="03">citri.</E> </P> <P> <E T="03">Commercial citrus grove.</E> An establishment maintained for the primary purpose of producing citrus fruit for commercial sale.</P> <P> <E T="03">Commercial citrus-producing area.</E> Any area designated as a commercial citrus-producing area in accordance with § 301.75-5 of this subpart.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of growing or handling regulated articles for interstate movement, in which the person pledges to comply with this subpart.</P> <P> <E T="03">Departmental permit.</E> An official document of the United States Department of Agriculture authorizing the movement of a regulated article from a quarantined area.</P> <P> <E T="03">Departmental tag or label.</E> An official tag or label of the United States Department of Agriculture, which, attached to a regulated article or its container, indicates that the regulated article is eligible for interstate movement with a Departmental permit.</P> <P> <E T="03">Exposed.</E> Determined by an inspector to be at risk for developing citrus canker because of proximity during the past 2 years to infected plants, or to personnel, vehicles, equipment, or other articles that may have been contaminated with bacteria that cause citrus canker.</P> <P> <E T="03">Grove.</E> Any tree or stand of trees maintained to produce fruit and separated from other trees by a boundary, such as a fence, stream, road, canal, irrigation ditch, hedgerow, open space, or sign or marker denoting change of fruit variety.</P> <P> <E T="03">Infected.</E> Containing bacteria that cause citrus canker.</P> <P> <E T="03">Infestation.</E> The presence of a plant or plants infected with citrus canker at a particular location, except when the plant or plants contracted the infection at a previous location and the infection has not spread to any other plant at the present location.</P> <P> <E T="03">Inspector.</E> An individual authorized by the Administrator to perform the specified duties.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> An official document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area, but restricting the areas of the United States into which the regulated article may be moved.<PRTPAGE P="60"/> </P> <P> <E T="03">Move.</E> Ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.</P> <P> <E T="03">Movement.</E> The act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.</P> <P> <E T="03">Nursery.</E> Any premises, including greenhouses but excluding any grove, at which plants are grown or maintained for propagation or replanting.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Public order.</E> Either an “Agreement to Destroy and Covenant Not to Sue” signed by the grove owner and the Florida Department of Food and Consumer Services, Division of Plant Industry (DPI), or an “Immediate Final Order” issued by DPI, both of which identify citrus trees infected with or exposed to citrus canker and order their destruction.</P> <P> <E T="03">Quarantined area.</E> Any area designated as a quarantined area in accordance with § 301.75-4 of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.75-3 (a) or (b) of this subpart or designated as a regulated article in accordance with § 301.75-3(c) of this subpart.</P> <P> <E T="03">Regulated fruit, regulated plant, regulated seed, regulated tree.</E> Any fruit, plant, seed, or tree defined as a regulated article.</P> <P> <E T="03">State.</E> Each of the 50 States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <P> <E T="03">United States.</E> All of the States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <CITA>[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-2</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <P>(a) Regulated articles may not be moved interstate from a quarantined area expect in accordance with this subpart.</P> <P>(b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any commercial citrus-producing area, except as follows: The regulated articles may be moved through a commercial citrus-producing area if they are covered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the permission of an inspector.</P> <P>(c) Regulated articles moved interstate with a limited permit to an area of the United States that is not a commercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area.</P> <CITA>[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-3</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>(a) Plants or plant parts, including fruit and seeds, or any of the following: All species, clones, cultivars, strains, varieties, and hybrids of the genera <E T="03">Citrus</E> and <E T="03">Fortunella,</E> and all clones, cultivars, strains, varieties, and hybrids of the species <E T="03">Clausena lansium</E> and <E T="03">Poncirus trifoliata.</E> The most common of these are: lemon, pummelo, grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, calamondin, trifoliate orange, and wampi.</P> <P>(b) Grass, plant, and tree clippings.</P> <P>(c) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is determined by an inspector that it presents a risk of spread of citrus canker and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subpart.</P> <CITA>[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-4</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) The following States or portions of States are designated as quarantined areas:</P> <EXTRACT> <PRTPAGE P="61"/> <HD SOURCE="HD1">Florida</HD> <P> <E T="03">Broward and Dade Counties.</E> That portion of the counties bounded by a line drawn as follows: Beginning at the intersection of the shoreline of the Atlantic Ocean and the Broward/Palm Beach County line; then west along the Broward/Palm Beach County line to the eastern boundary of the Loxahatchee Conservation Area; then south along the eastern boundary of the Loxahatchee Conservation Area to the Sawgrass Expressway; then south along the Sawgrass Expressway to Interstate Highway 75; then north along Interstate Highway 75 to U.S. Highway 27; then south along U.S. Highway 27 to the Florida Turnpike Homestead Extension; then south along the Florida Turnpike Homestead Extension to NW 58th Street; then west along NW 58th Street to Krome Avenue (NW 177th Avenue); then south along Krome Avenue (NW and SW 177th Avenue) to U.S. Highway 41 (Tamiami Trail); then west along U.S. Highway 41 (Tamiami Trail) to sec. 11, 14, 23, 26, 35, and lot 2, T. 54, R. 38; then south along sec. 11, 14, 23, 26, 35, and lot 2, T. 54, R. 38, to sec. 2 and 11, T. 55, R. 38; then south along sec. 2 and 11, T. 55, R. 38, to SW 197th Avenue; then south along SW 197th Avenue to SW 152nd Street; then west along SW 152nd Street to the L-31N Canal; then south and west along the L-31N Canal to the shoreline of the Florida Bay; then east along the shoreline of the Florida Bay to the shoreline of the Atlantic Ocean; then north along the shoreline of the Atlantic Ocean to the point of beginning.</P> <P> <E T="03">Collier County.</E> That portion of the county bounded by a line drawn as follows: Beginning at the intersection of State Highway 29 and County Road 858; then west along County Road 858 to sec. 13, T. 48 S., R. 29 E.; then north along sec. 13, T. 48 S., R. 29 E., to sec. 25, T. 47 S., R. 29 E.; then east along sec. 25, T. 47 S., R. 29 E., to sec. 30, T. 47 S., R. 30 E.; then north along sec. 30, T. 47 S., R. 30 E., to sec. 19, T. 47 S., R. 30 E.; then east along sec. 19, T. 47 S., R. 30 E., to sec. 20, T. 47 S., R. 30 E.; then south along sec. 20, T. 47 S., R. 30 E., to sec. 29, T. 47 S., R. 30 E.; then east along sec. 29, T. 47 S., R. 30 E., to sec. 28, T. 47 S., R. 30 E.; then south along sec. 28, T. 47 S., R. 30 E., to sec. 33, T. 47 S., R. 30 E.; then east along sec. 33, T. 47 S., R. 30 E., to the Collier/Hendry County line; then south along the Collier/Hendry County line to sec. 25, T. 48 S., R. 30 E.; then west along sec. 25, T. 48 S., R. 30 E., to State Highway 29; then north along State Highway 29 to the point of beginning.</P> <P> <E T="03">Hendry County.</E> That portion of the county bounded by a line drawn as follows: Beginning at the northwest corner of sec. 7, T. 48 S., R. 33 E.; then east along sec. 7, T. 48 S., R. 33 E., to Government Road; then north along Government Road to State Road 833; then north along State Road 833 to sec. 11, T. 48 S., R. 33 E.; then east along sec. 11, T. 48 S., R. 33 E., to sec. 24, T. 48 S., R. 33 E.; then west along sec. 24, T. 48 S., R. 33 E., to sec. 19, T. 48 S., R. 33 E.; then north along sec. 19, T. 48 S., R. 33 E., to the point of beginning.</P> <P>That portion of the county bounded by a line drawn as follows: Beginning at the intersection of State Road 835 and Deer Fence Road; then north along Deer Fence Road to sec. 6; then east along sec. 6 to sec. 2; then south along sec. 2 to sec. 35; then west along sec. 35 to the point of beginning.</P> <P> <E T="03">Hillsborough County.</E> That portion of the county bounded by a line drawn as follows: Beginning at the northwest corner of sec. 34, T. 31, R. 19; then south along sec. 34, T. 31, R. 19, to 24th Street NE; then south along 24th Street NE to sec. 3 and 10, T. 32, R. 19; then south along sec. 3 and 10, T. 32, R. 19, to 24th Street SE; then south along 24th Street SE to sec. 15, 14, and 13, T. 32, R. 19; then east along sec. 15, 14, and 13, T. 32, R. 19, to sec. 18, T. 32, R. 20; then east along sec. 18, T. 32, R. 20, to Bishop Road; then east along Bishop Road to West Lake Drive; then north along West Lake Drive to sec. 32 and 31, T. 31, R. 20; then west along sec. 32 and 31, T. 31, R. 20, to sec. 36, 35, and 34, T. 31, R. 19; then west along sec. 36, 35, and 34, T. 31, R. 19, to the point of beginning.</P> <P> <E T="03">Manatee County.</E> That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Interstate Highway 75 and the shoreline of the Manatee River; then west along the shoreline of the Manatee River to the shoreline of the Terra Ceia Bay; then northeast along the shoreline of the Terra Ceia Bay to sec. 25, 24, 13, 12, and 1, T. 33 S., R. 17 E.; then north along sec. 25, 24, 13, 12, and 1, T. 33 S., R. 17 E., to the Manatee/Hillsborough County line; then east along the Manatee/Hillsborough County line to sec. 3 and 10, T. 33 S., R. 18 E.; then south along sec. 3 and 10, T. 33 S., R. 18 E., to Carter Road; then south along Carter Road to sec. 22 and 27, T. 33 S., R. 18 E.; then south along sec. 22 and 27, T. 33 S., R. 18 E., to 69th Street East; then east along 69th Street East to Erie Road; then south along Erie Road to U.S. Highway 301; then southwest along U.S. Highway 301 to Interstate Highway 75; then south along Interstate Highway 75 to the point of beginning.</P> <P>That portion of the county bounded by a line drawn as follows: Beginning at the northwest corner of sec. 8, 9, 10, 11, and 12, T. 33 S., R. 21 E.; then east along sec. 8, 9, 10, 11, and 12, T. 33 S., R. 21 E., to sec. 12, T. 33 S., R. 21 E.; then south along sec. 12, T. 33 S., R. 21 E., to sec. 18, 19, 30, and 31, T. 33 S., R. 22 E.; then east along sec. 18, 19, 30, and 31, T. 33 S., R. 22 E., to sec. 6, T. 34 S., R. 22 E.; then south along sec. 6, T. 34 S., R. 22 E., to sec. 7, T. 34 S., R. 22 E.; then west along sec. 7, T. 34 S., R. 22 E., to sec. 12, 11, 10, and 9, T. 34 S., R. 21 E.; then south along sec. 12, 11, 10, and 9, T. 34 S., R. 21 E., to sec. 8 and 5, T. <PRTPAGE P="62"/>34 S., R. 21 E.; then north along sec. 8 and 5, T. 34 S., R. 21 E., to sec. 31, 29, 20, 17, and 8, T. 33 S., R. 21 E.; then north along sec. 31, 29, 20, 17, and 8, T. 33 S., R. 12 E., to the point of beginning.</P> </EXTRACT> <P>(b) The Administrator may designate any non-quarantined area as a quarantined area in accordance with paragraphs (c) and (d) of this section upon giving written notice of this designation to the owner or persons in possession of the non-quarantined area. Thereafter, regulated articles may be moved interstate from that area only in accordance with this subpart. As soon as practicable, this area will be added to the list in paragraph (a) of this section, or the Administrator will terminate the designation. The owner or person in possession of an area for which designation is terminated will be given written notice as soon as practicable.</P> <P>(c) Any State or portion of a State where an infestation is detected will be designated as a quarantined area and will remain so until the area has been without infestation for 2 years.</P> <P>(d) Less than an entire State will be designated as a quarantined area only if all of the following conditions are met:</P> <P>(1) <E T="03">Survey.</E> No area has been designated a survey area.</P> <P>(2) <E T="03">Intrastate movement of regulated articles.</E> The State enforces restrictions on the intrastate movement of regulated articles from the guarantined area that are at least as stringent as those on the interstate movement of regulated articles from the guarantined area, except as follows:</P> <P>(i) Regulated fruit may be moved intrastate from a quarantined area for processing into a product other than fresh fruit if all of the following conditions are met:</P> <P>(A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for processing, and the date the intrastate movement began,</P> <P>(B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement.</P> <P>(C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with § 301-11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for processing, and</P> <P>(D) All leaves, litter, and culls collected from the shipment of regulated fruit at the processing facility are either incinerated at the processing facility or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs.</P> <P>(ii) Regulated fruit may be moved intrastate from a quarantined area for packing, either for subsequent interstate movement with a limited permit or for export from the United States, if all of the following conditions are met:</P> <P>(A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for packing, and the date the intrastate movement began.</P> <P>(B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement.</P> <P>(C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with § 301.75-11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for packing.</P> <P>(D) At the packing plant, the regulated fruit is stored separately from and has no contact with fruit eligible for interstate movement to commercial citrus-producing areas. Any equipment that comes in contact with the regulated fruit at the packing plant is treated in accordance with § 301.75-11(d) of this subpart before being used to handle any fruit eligible for interstate movement to commercial citrus-producing areas, and</P> <P>(E) All leaves and litter collected from the shipment of regulated fruit at <PRTPAGE P="63"/>the packing plant are either incinerated at the packing plant or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. All culls collected from the shipment of regulated fruit are either processed into a product other than fresh fruit, incinerated at the packing plant, or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. Any culls moved intrastate for processing must be completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement, and the vehicles, covers, and any containers used to carry the regulated fruit must be treated in accordance with § 301.75-11(d) of this subpart before leaving the premises where the regulated fruit is unloaded for processing.</P> <P>(iii) Grass, tree, and plant clippings may be moved intrastate from the quarantined area for disposal in a public landfill or for composting in a recycling facility, if all of the following conditions are met:</P> <P>(A) The public landfill or recycling facility is located within the survey area described in paragraph (d)(1) of this section,</P> <P>(B) The grass, tree, or plant clippings are completely covered during the movement from the quarantined area to the public landfill or recycling facility, and</P> <P>(C) Any public landfill used is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs.</P> <CITA>[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at 55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov. 2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996; 64 FR 4780, Feb. 1, 1999; 65 FR 53530, Sept. 5, 2000; 65 FR 57723, Sept. 26, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-5</SECTNO> <SUBJECT>Commercial citrus-producing areas.</SUBJECT> <P>(a) The following are designated as commercial citrus-producing areas: </P> <EXTRACT> <SCOL2> <LI>AmericanSamoa</LI> <LI>Arizona</LI> <LI>California</LI> <LI>Florida</LI> <LI>Guam</LI> <LI>Hawaii</LI> <LI>Louisiana</LI> <LI>Northern Mariana Islands</LI> <LI>Puerto Rico</LI> <LI>Texas</LI> <LI>Virgin Islands of the United States</LI> </SCOL2> </EXTRACT> <P>(b) The list in paragraph (a) of this section is intended to include jurisdictions which have commercial citrus-producing areas. Less than an entire State may be designated as a commercial citrus-producing area only if the Administrator determines that the area not included as a commercial citrus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate movement from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to prevent the interstate spread of citrus canker.</P> <CITA>[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-6</SECTNO> <SUBJECT>Interstate movement of regulated articles from a quarantined area, general requirements.</SUBJECT> <P>No regulated article may be moved interstate from a quarantined area unless all of the following conditions are met:</P> <P>(a) <E T="03">Inspections.</E> (1) In the quarantined area, every regulated plant and regulated tree, except indoor houseplants and regulated plants and regulated trees at nurseries, is inspected for citrus canker at least once a year, during May 1 through December 31, by an inspector, on foot.</P> <P>(2) In the quarantined area, every regulated plant and regulated tree at every nursery containing regulated plants or regulated trees is inspected for citrus canker by an inspector at intervals of no more than 45 days.</P> <P>(b) <E T="03">Treatment of personnel, vehicles, and equipment.</E> In the quarantined area, <PRTPAGE P="64"/>all vehicles, equipment, and other articles used in providing inspection, maintenance, harvesting, or related services in any grove containing regulated plants or regulated trees, or in providing landscaping or lawn care services on any premises containing regulated plants or regulated trees, must be treated in accordance with § 301.75-11(d) of this subpart upon leaving the grove or premises. All personnel who enter the grove or permises to provide these services must be treated in accordance with § 301.75-11(c) of this subpart upon leaving the grove or premises.</P> <P>(c) <E T="03">Destruction of infected plants and trees.</E> No more than 7 days after a State or Federal laboratory confirms that a regulated plant or regulated tree is infected, the State must provide written notice to the owner of the infected plant or infected tree that the infected plant or infected tree must be destroyed. The owner must have the infected plant or infected tree destroyed within 45 days after receiving the written notice.</P> <CITA>[55 FR 37451, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-7</SECTNO> <SUBJECT>Interstate movement of regulated fruit from a quarantined area.</SUBJECT> <P>(a) <E T="03">Regulated fruit produced in a quarantined area.</E> Regulated fruit may be moved interstate from a quarantined area into any area of the United States except commercial citrus-producing areas if all of the following conditions are met:</P> <P>(1) During the year before the interstate movement, the grove producing the regulated fruit received regulated plants only from the following nurseries:</P> <P>(i) Nurseries located outside any quarantined areas, or</P> <P>(ii) Nurseries where an inspector has found every regulated plant free of citrus canker on each of three successive inspections conducted at intervals of no more than 45 days, with the third inspection no more than 45 days before shipment.</P> <P>(2) During the 2 years before the interstate movement, no plants or plant parts infected with citrus canker were found in the grove producing the regulated fruit and any exposed plants in the grove at high risk for developing citrus canker have been destroyed. Identification of exposed plants at high risk for developing citrus canker will be based on an evaluation of all of the circumstances related to their exposure, including, but not limited to, the following:</P> <P>(i) The stage of maturity of the exposed plant at the time of exposure, the size and degree of infestation to which the plants were exposed.</P> <P>(ii) The proximity of exposed plants to infected plants or contaminated articles at the time of exposure, and</P> <P>(iii) The length of time the plants were exposed.</P> <P>(3) No more than 30 days before the beginning of harvest, an inspector walked through the grove, inspected every tree, and found the grove free of citrus canker, and, in groves producing limes, an inspector walked through the grove every 120 days or less thereafter for as long as harvest continued, inspected every lime tree on each walk-through, and continued to find the grove free of citrus canker.</P> <P>(4) The regulated fruit was treated in accordance with § 301.75-11(a) of this subpart.</P> <P>(5) The regulated fruit is free of leaves, twigs, and other plant parts, except for stems that are less than one inch long and attached to the fruit.</P> <P>(6) The regulated fruit is accompanied by a limited permit issued in accordance with § 301.75-12 of this subpart.</P> <P>(b) Regulated fruit not produced in a quarantined area. Regulated fruit not produced in a quarantined area but moved into a quarantined area for packing may be subsequently moved out of the quarantined area only if all the conditions of either paragraph (b)(1) or (b)(2) of this section are met.</P> <P>(1) Conditions for subsequent movement into any area of the United States except commercial citrus-producing areas. (i) The regulated fruit was accompanied to the packing plant by a bill of lading stating the location of the grove in which the regulated fruit was produced.</P> <P>(ii) The regulated fruit was treated in accordance with § 301.75-11(a) of this subpart.<PRTPAGE P="65"/> </P> <P>(iii) The regulated fruit is free of leaves, twigs, and other plant parts, except for stems that are less than one inch long and attached to the regulated fruit.</P> <P>(iv) The regulated fruit is accompanied by a limited permit issued in accordance with § 301.75-12 of this subpart.</P> <P>(2) Conditions for subsequent movement into any area of the United States including commercial citrus-producing areas. (i) The regulated fruit is accompanied by a bill of lading that states the location of the grove where the fruit was produced, the variety and quantity of fruit, the address to which the fruit will be delivered for packing, and the date the movement of the fruit began.</P> <P>(ii) The regulated fruit is moved through the quarantined area without being unloaded and no regulated article is added to the shipment in the quarantined area.</P> <P>(iii) The regulated fruit is completely covered, or enclosed in containers or in a compartment of a vehicle, both during its movement to a packing plant in a quarantined area and during its movement from a packing plant in a quarantined area to destinations outside that quarantined area.</P> <P>(iv) At the packing plant, regulated fruit produced outside the quarantined areas is stored separately from and has had no contact with regulated fruit produced in a quarantined area. Any equipment at the packing plant that comes in contact with regulated fruit produced in a quarantined area is treated in accordance with § 310.75-11(d) of this subpart before being used to handle any regulated fruit not produced in a quarantined area.</P> <P>(v) The regulated fruit is treated at the packing plant in accordance with § 301.75-11(a) of this subpart.</P> <P>(vi) Due to the likelihood that they will be commingled with similar regulated articles collected from regulated fruit produced in a quarantined area, all leaves, litter, and culls collected from the shipment of regulated fruit at the packing plant are handled as prescribed in § 301.75-4(d)(2)(ii)(E) of this subpart.</P> <P>(vii) The regulated fruit is accompanied by a certificate issued in accordance with § 301.75-12 of this subpart.</P> <CITA>[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-8</SECTNO> <SUBJECT>Interstate movement of regulated seed from a quarantined area.</SUBJECT> <P>Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met:</P> <P>(a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was extracted.</P> <P>(b) The regulated seed was treated in accordance with § 301.75-11(b) of this subpart.</P> <P>(c) The regulated seed is accompanied by a certificate issued in accordance with § 301.75-12 of this subpart.</P> <CITA>[55 FR 37452, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-9</SECTNO> <SUBJECT>Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.</SUBJECT> <P>A regulated article may be moved interstate from a quarantined area if:</P> <P>(a) Moved by the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(b) Moved pursuant to a Departmental permit issued for such article by the Administrator;</P> <P>(c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and</P> <P>(d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.</P> <CITA>[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <PRTPAGE P="66"/> <SECTNO>§ 301.75-10</SECTNO> <SUBJECT>Interstate movement of regulated articles through a quarantined area.</SUBJECT> <P>Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met:</P> <P>(a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began.</P> <P>(b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with § 301.75-7 of this subpart, is added to the shipment in the quarantined area.</P> <P>(c) The regulated article is completely covered, or enclosed in containers or in a compartment of a vehicle, during movement through the quarantined area, except that, covering or enclosure is not required if the regulated article is moved through the quarantined area without stopping, except for refueling or for traffic conditions, such as traffic lights or stop signs.</P> <CITA>[55 FR 37452, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-11</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>(a) <E T="03">Regulated fruit</E>. Regulated fruit for which treatment is required by this subpart must be treated in one of the following ways in the presence of an inspector, or at a facility whose owner operates under a compliance agreement:</P> <P>(1) The regulated fruit must be thoroughly wetted for at least 2 minutes with a solution containing 200 parts per million sodium hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or</P> <P>(2) The regulated fruit must be thoroughly wetted with a solution containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to 2.0 percent of the total solution, for 45 seconds if the solution has sufficient soap or detergent to cause a visible foaming action or for 1 minute if the solution does not contain sufficient soap to cause a visible foaming action.</P> <P>(3) Sodium hypochlorite and SOPP must be applied in accordance with label directions.</P> <P>(b) <E T="03">Regulated seed</E>. Regulated seed for which treatment is required by this subpart must be extracted from fruit that has been treated in accordance with paragraph (a) of this section. The regulated seed must then be cleaned free of pulp, immersed for 10 minutes in water heated to 125 °F. (51.6 °C.) or higher, then immersed for at least 2 minutes in a solution containing 200 parts per million sodium hypochlorite, with the solution maintained at a pH of 6.0 to 7.5.</P> <P>(c) <E T="03">Personnel</E>. All personnel for which treatment is required by this subpart must clean their hands using one of the following disinfectants:</P> <P>(1) Gallex 1027 Antimicrobial Soap;</P> <P>(2) Hibiclens;</P> <P>(3) Hibistat;</P> <P>(4) Sani Clean Hand Soap; or</P> <P>(5) Seventy Percent Isopropyl Alcohol.</P> <P>(d) <E T="03">Vehicles, equipment, and other articles</E>. All vehicles, equipment, and other articles for which treatment is required by this subpart must be cleaned and disinfected by removing all plants, leaves, twigs, fruit, and other plant parts from all areas of the equipment or vehicles, including in cracks, under chrome strips, and on the undercarriage of vehicles, and by wetting all surfaces (including the inside of boxes and trailers), to the point of runoff, with one of the following disinfectants:</P> <P>(1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 7.5;</P> <P>(2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) compound;</P> <P>(3) A solution of hot water and detergent, under high pressure (at least 30 pounds per square inch), at a minimum temperature of 160 °F; or<PRTPAGE P="67"/> </P> <P>(4) Steam, at a minimum temperature of 160 °F. at the point of contact.</P> <CITA>[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-12</SECTNO> <SUBJECT>Certificates and limited permits.</SUBJECT> <P>(a) <E T="03">Issuance and withdrawal.</E> (1) Certificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a compliance agreement.</P> <P>(2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.</P> <P>(b) <E T="03">Attachment and disposition.</E> (1) Certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following:</P> <P>(i) The outside of the regulated article, if the regulated article is not packed in a container, or</P> <P>(ii) The outside of the container in which the regulated article is packed, or</P> <P>(iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified.</P> <P>(2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination.</P> <CITA>[55 FR 37453, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-13</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <P>(a) <E T="03">Eligibility.</E> Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> <P>(b) <E T="03">Cancellation.</E> Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.</P> <CITA>[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-14</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector shall be furnished without cost. The United States Department of Agriculture will <PRTPAGE P="68"/>not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector.</P> <CITA>[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-15</SECTNO> <SUBJECT>Funds for the replacement of commercial citrus trees.</SUBJECT> <P>Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees in accordance with the provisions of this section.</P> <P>(a) <E T="03">Eligibility.</E> The owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees removed to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995.</P> <P>(b) <E T="03">Tree replacement payments.</E> The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive funds to replace commercial citrus trees will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment of $26 per tree up to the following per-acre maximum payments:</P> <GPOTABLE CDEF="s50,9" COLS="2" OPTS="L2,tp0,i1"> <BOXHD> <CHED H="1">Variety</CHED> <CHED H="1">Maximum payment per acre</CHED> </BOXHD> <ROW> <ENT I="01">Grapefruit, red seedless</ENT> <ENT>$2,704</ENT> </ROW> <ROW> <ENT I="01">Orange, Valencia</ENT> <ENT>3,198</ENT> </ROW> <ROW> <ENT I="01">Orange, early/midseason/navel</ENT> <ENT>3,068</ENT> </ROW> <ROW> <ENT I="01">Tangelo</ENT> <ENT>2,964</ENT> </ROW> <ROW> <ENT I="01">Lime</ENT> <ENT>4,004</ENT> </ROW> <ROW> <ENT I="01">Other or mixed citrus</ENT> <ENT>2,704</ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">How to apply for tree replacement funds.</E> The form necessary to apply for funds to replace commercial citrus trees may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Tree Replacement Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for trees destroyed on or before October 16, 2000, must have been received on or before December 15, 2000. Claims for trees destroyed after October 16, 2000, must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Administrator. However, any request for consideration of a late claim must be submitted to the Administrator on or before August 19, 2002 for trees destroyed on or before August 17, 2001, and within 1 year after the destruction of the trees for trees destroyed after August 17, 2001.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0163.)</APPRO> <CITA>[65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.75-16</SECTNO> <SUBJECT>Payments for the recovery of lost production income.</SUBJECT> <P>Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive payments in accordance with the provisions of this section to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker.</P> <P>(a) <E T="03">Eligibility.</E> The owner of a commercial citrus grove may be eligible to receive payments to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995.</P> <P>(b) <E T="03">Calculation of payments.</E> (1) The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive payments to recover lost production income will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates:<PRTPAGE P="69"/> </P> <GPOTABLE CDEF="s25,10" COLS="2" OPTS="L2,tp0,i1"> <BOXHD> <CHED H="1">Citrus variety</CHED> <CHED H="1">Payment<LI>(per acre)</LI> </CHED> </BOXHD> <ROW> <ENT I="01">Grapefruit</ENT> <ENT>$3,342</ENT> </ROW> <ROW> <ENT I="01">Orange, Valencia, and tangerine</ENT> <ENT>6,446</ENT> </ROW> <ROW> <ENT I="01">Orange, navel (includes early and midseason oranges)</ENT> <ENT>6,384</ENT> </ROW> <ROW> <ENT I="01">Tangelo</ENT> <ENT>1,989</ENT> </ROW> <ROW> <ENT I="01">Lime</ENT> <ENT>6,503</ENT> </ROW> <ROW> <ENT I="01">Other or mixed citrus</ENT> <ENT>3,342</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">Payment adjustments.</E> (i) In cases where the owner of a commercial citrus grove had obtained ACC coverage for trees in his or her grove and received crop insurance payments following the destruction of the insured trees, the payment provided for under paragraph (b)(1) of this section will be reduced by the total amount of the crop insurance payments received by the commercial citrus grove's owner for the insured trees.</P> <P>(ii) In cases where ACC coverage was available for trees in a commercial citrus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under paragraph (b)(1) of this section will be reduced by 5 percent.</P> <P>(c) <E T="03">How to apply for lost production payments.</E> The form necessary to apply for lost production payments may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Project, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the acreage, number, and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Project, Attn: Lost Production Payments Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for losses attributable to the destruction of trees on or before the effective date of this rule must be received on or before September 17, 2001. Claims for losses attributable to the destruction of trees after the effective date of this rule must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when the circumstances appear, in the opinion of the Administrator, to warrant such consideration. However, any request for consideration of a late claim must be submitted to the Administrator on or before July 18, 2002 for trees destroyed on or before July 18, 2001, and within 1 year after the destruction of the trees for trees destroyed after July 18, 2001.</P> <CITA>[66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Mediterranean Fruit Fly</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>56 FR 57576, Nov. 13, 1991, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.78</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>No person shall move interstate from any quarantined area any regulated article except in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <CITA>[56 FR 57576, Nov. 13, 1991, as amended at 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In this subpart the following definitions apply:</P> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS).</P> <P> <E T="03">Certificate.</E> A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of Mediterranean fruit fly and may be moved interstate to any destination.</P> <P> <E T="03">Commercially produced.</E> Fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a variety of indicators, including, but not <PRTPAGE P="70"/>limited to: Quantity of produce, monocultural practices, pest management programs, good sanitation practices including destruction of culls, type of packaging, identification of grower or packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart.</P> <P> <E T="03">Core area.</E> The 1 square mile area surrounding each property where Mediterranean fruit fly has been detected.</P> <P> <E T="03">Day degrees.</E> A mathematical construct combining average temperature over time that is used to calculate the length of a Mediterranean fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: [(Minimum Daily Temp + Maximum Daily Temp)/2] − 54° = Day Degrees.</P> <P> <E T="03">Drip line.</E> The line around the canopy of a plant.</P> <P> <E T="03">Infestation.</E> The presence of the Mediterranean fruit fly or the existence of circumstances that make it reasonable to believe that the Mediterranean fruit fly is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.78-5(b) of this subpart only to a specified destination and only in accordance with specified conditions.</P> <P> <E T="03">Mediterranean fruit fly.</E> The insect known as Mediterranean fruit fly Ceratitis capitata (Wiedemann) in any stage of development.</P> <P> <E T="03">Moved (Move, Movement).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.78-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.78-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.78-2(a) or (b) of this subpart or otherwise designated as a regulated article in accordance with § 301.78-2(c) of this subpart.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States.</P> <CITA>[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) The following berries, fruits, nuts, and vegetables. </P> <FP SOURCE="FP-1">Almond with husk (<E T="03">Prunus dulcis (P. amygdalus</E>))</FP> <FP SOURCE="FP-1">Apple (<E T="03">Malus sylvestris</E>)</FP> <FP SOURCE="FP-1">Apricot (<E T="03">Prunus armeniaca</E>)</FP> <FP SOURCE="FP-1">Avocado (<E T="03">Persea americana</E>)</FP> <FP SOURCE="FP-1">Black Myrobalan (<E T="03">Terminalia cherbula</E>)</FP> <FP SOURCE="FP-1">Cherries (sweet and sour) (<E T="03">Prunus avium, P. cerasus</E>)</FP> <FP SOURCE="FP-1">Citrus citron (<E T="03">Citrus medica</E>)</FP> <FP SOURCE="FP-1">Date (<E T="03">Phoenix dactylifera</E>)</FP> <FP SOURCE="FP-1">Eggplant (<E T="03">Solanum melongena</E> L.), other than commercially produced eggplant</FP> <FP SOURCE="FP-1">Fig (<E T="03">ficus carica</E>)</FP> <FP SOURCE="FP-1">Grape (<E T="03">Vitis</E> spp.)</FP> <FP SOURCE="FP-1">Grapefruit (<E T="03">Citrus paradisi</E>)</FP> <FP SOURCE="FP-1">Guava (<E T="03">Psidium guajava</E>)</FP> <FP SOURCE="FP-1">Japanese persimmon (<E T="03">Diospyros kaki</E>)</FP> <FP SOURCE="FP-1">Japanese plum (<E T="03">Prunus salicina</E>)</FP> <FP SOURCE="FP-1">Kiwi (<E T="03">Actinidia chinensis</E>)</FP> <FP SOURCE="FP-1">Kumquat (<E T="03">Fortunella japonica</E>)</FP> <FP SOURCE="FP-1">Lemon (<E T="03">Citrus limon</E>) except smooth-skinned lemons harvested for packing by commercial packing houses.</FP> <FP SOURCE="FP-1">Lemon, Meyer (<E T="03">Citrus limon</E> X <E T="03">reticulata</E>)</FP> <FP SOURCE="FP-1">Lemon, Rough (<E T="03">Citrus jambhiri</E>)</FP> <FP SOURCE="FP-1">Lime, sweet (<E T="03">Citrus aurantiifolia</E>)</FP> <FP SOURCE="FP-1">Loquat (<E T="03">Eriobotrya japonica</E>)</FP> <FP SOURCE="FP-1">Mandarin orange (<E T="03">Citrus reticulata</E>) (tangerine)</FP> <FP SOURCE="FP-1">Mango (<E T="03">Mangifera indica</E>)</FP> <FP SOURCE="FP-1">Mock orange (<E T="03">Murraya exotica</E>)<PRTPAGE P="71"/> </FP> <FP SOURCE="FP-1">Mountain apple (<E T="03">Syzigium malaccense</E> (<E T="03">Eugenia malaccensis</E>))</FP> <FP SOURCE="FP-1">Natal plum (<E T="03">Carissa macrocarpa</E>)</FP> <FP SOURCE="FP-1">Nectarine (<E T="03">Prunus persica</E> var. <E T="03">nectarina</E>)</FP> <FP SOURCE="FP-1">Olive (<E T="03">Olea europea</E>)</FP> <FP SOURCE="FP-1">Opuntia cactus (<E T="03">Opuntia</E> spp.)</FP> <FP SOURCE="FP-1">Orange, calamondin (<E T="03">Citrus reticulata</E> x. <E T="03">Fortunella</E>)</FP> <FP SOURCE="FP-1">Orange, Chinese (<E T="03">Fortunella japonica</E>)</FP> <FP SOURCE="FP-1">Orange, king (<E T="03">Citrus reticulata x. C. sinensis</E>)</FP> <FP SOURCE="FP-1">Orange, sweet (<E T="03">Citrus sinensis</E>)</FP> <FP SOURCE="FP-1">Orange, Unshu (<E T="03">Citrus reticulata</E> var. <E T="03">Unshu</E>)</FP> <FP SOURCE="FP-1">Papaya (<E T="03">Carica papaya</E>)</FP> <FP SOURCE="FP-1">Peach (<E T="03">Prunus persica</E>)</FP> <FP SOURCE="FP-1">Pear (<E T="03">Pyrus communis</E>)</FP> <FP SOURCE="FP-1">Pepper (<E T="03">Capsicum frutescens, C. annuum</E>)</FP> <FP SOURCE="FP-1">Pineapple guava (<E T="03">Feijoa sellowiana</E>)</FP> <FP SOURCE="FP-1">Plum (<E T="03">Prunus americana</E>)</FP> <FP SOURCE="FP-1">Pomegranate (<E T="03">Punica granatum</E>)</FP> <FP SOURCE="FP-1">Prune (<E T="03">Prunus domestica</E>)</FP> <FP SOURCE="FP-1">Pummelo (<E T="03">Citrus grandis</E>)</FP> <FP SOURCE="FP-1">Quince (<E T="03">Cydonia oblonga</E>)</FP> <FP SOURCE="FP-1">Rose apple (<E T="03">Eugenia jambos</E>)</FP> <FP SOURCE="FP-1">Sour orange (<E T="03">Citrus aurantium</E>)</FP> <FP SOURCE="FP-1">Spanish cherry (<E T="03">Brazilian plum</E>) (<E T="03">Eugenia dombeyi</E> (<E T="03">E. brasiliensis</E>))</FP> <FP SOURCE="FP-1">Strawberry guava (<E T="03">Psidium cattleianum</E>)</FP> <FP SOURCE="FP-1">Surinam cherry (<E T="03">Eugenia uniflora</E>)</FP> <FP SOURCE="FP-1">Tomato (pink and red ripe) (<E T="03">Lycopersicon esculentum</E>)</FP> <FP SOURCE="FP-1">Walnut with husk (<E T="03">Juglans</E> spp.)</FP> <FP SOURCE="FP-1">White sapote (<E T="03">Casimiroa edulis</E>)</FP> <FP SOURCE="FP-1">Yellow oleander (Bestill) (<E T="03">Thevetia peruviana</E>)</FP> <P>Any berries, fruits, nuts, or vegetables that are canned or dried or frozen below −17.8 °C. (0 °F.) are not regulated articles.</P> <P>(b) Soil within the drip area of plants that are producing or have produced the berries, fruits, nuts, or vegetables listed in paragraph (a) of this section.</P> <P>(c) Any other article, product, or means of conveyance, not covered by paragraphs (a) or (b) of this section, that presents a risk of spread of the Mediterranean fruit fly and an inspector notifies the person in possession of it that the article, product, or means of conveyance is subject to the restrictions of this subpart.</P> <CITA>[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62 FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator shall list as a quarantined area in paragraph (c) of this section, each State, or each portion of a State, in which the Mediterranean fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Mediterranean fruit fly is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the Mediterranean fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the Mediterranean fruit fly.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section for listing such area. The Administrator will give a copy of this regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation shall be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) There are no areas in the continental United States quarantined because of the Mediterranean fruit fly.</P> <CITA>[56 FR 57576, Nov. 13, 1991]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 301.78-3, see the List of <PRTPAGE P="72"/>CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 301.78-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>Any regulated article may be moved interstate from a quarantined area <SU>2</SU> <FTREF/> only if moved under the following conditions:</P> <FTNT> <P> <SU>2</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.78-5 and 301.78-8 of this subpart;</P> <P>(b) Without a certificate or limited permit, if:</P> <P>(1) The regulated article is moving as air cargo or as a meal intended for in-flight consumption, and is transiting Los Angeles International Airport, California;</P> <P>(2) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and</P> <P>(3) The point of origin of the regulated article is indicated on the waybill.</P> <P>(c) Without a certificate or limited permit, if:</P> <P>(1) The regulated article originated outside any quarantined area and is moved through (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs) the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and</P> <P>(2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area.</P> <P>(d) Without a certificate or limited permit if the regulated article is moved:</P> <P>(1) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Pursuant to a permit issued by the Administrator for the regulated article;</P> <P>(3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of Mediterranean fruit fly; and</P> <P>(4) With a tag or label bearing the number of the permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container. (Approved by the Office of Management and Budget under control number 0579-0088)</P> <CITA>[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate shall be issued by an inspector <SU>3</SU> <FTREF/> for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>3</SU> Services of an inspector may be requested by contacting local offices of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.78-10 of this subpart; or</P> <P>(ii) Based on inspection of the premises of origin, that the premises are free from the Mediterranean fruit fly; or</P> <P>(iii) Based on inspection of the regulated article, that it is free of Mediterranean fruit fly; and</P> <P>(2) The regulated article will be moved through the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit fly; and<PRTPAGE P="73"/> </P> <P>(3) The regulated article is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>4</SU> <FTREF/> to prevent the spread of the Mediterranean fruit fly; and</P> <FTNT> <P> <SU>4</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(4) The regulated articles is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles.</P> <P>(b) An inspector <SU>5</SU> <FTREF/> will issue a limited permit for the interstate movement of a regulated article if the inspector determines that—</P> <FTNT> <P> <SU>5</SU> See footnote 3 to § 301.78-5(a).</P> </FTNT> <P>(1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the Mediterranean fruit fly because life stages of the Mediterranean fruit fly will be destroyed by the specified handling, processing, or utilization;</P> <P>(2) The regulated article is to be moved in compliance with any additional conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the Mediterranean fruit fly; and</P> <P>(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) Certificates and limited permits for use for interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally or in writing, if he or she determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994; 66 FR 21051, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person understands this subpart.<SU>6</SU> <FTREF/> </P> <FTNT> <P> <SU>6</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of the Plant Protection and Quarantine, which are listed in telephone directories.</P> </FTNT> <PRTPAGE P="74"/> <P>(b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> <CITA>[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.78-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.78-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector,<SU>7</SU> <FTREF/> as far in advance of the desired interstate movement as possible (but no less than 48 hours before the desired interstate movement).</P> <FTNT> <P> <SU>7</SU> See footnote 3 to § 301.78-5(a).</P> </FTNT> <P>(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.78-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during the interstate movement, must be attached to the outside of the container containing the regulated article, attached to the regulated article itself if not in a container, or attached to the consignee's copy of the accompanying waybill: <E T="03">Provided however,</E> that the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill only if the regulated article is sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article.</P> <P>(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.78-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.78-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatment schedules listed in the Plant Protection and Quarantine Treatment Manual to destroy Mediterranean fruit fly are authorized for use on regulated articles. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.” The following treatments may be used for the regulated articles indicated:</P> <P>(a) Fruits and vegetables.</P> <P>(1) <E T="03">Bell Pepper</E>—(i) <E T="03">Vapor Heat.</E> Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of bell pepper reaches 44.4 °C. (112 °F.). Maintain at 44.4 °C. (112 °F.) for 8<FR>3/4</FR> hours, then immediately cool.</P> <P>(2) <E T="03">Tomato</E>—(i) <E T="03">Fumigation.</E> Fumigate with methyl bromide at normal atmospheric pressure with 32 g/m <SU>3</SU> (2 lb/1000 ft <SU>3</SU>) for 3<FR>1/2</FR> hours at 21 °C. (70 °F.) or above.</P> <P>(ii) <E T="03">Vapor heat.</E> Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of tomato reaches 44.4 °C. (112 °F.). Maintain at 44.4 °C. (112 °F.) for 8<FR>3/4</FR> hours, then immediately cool. </P> <NOTE> <PRTPAGE P="75"/> <HD SOURCE="HED">Note:</HD> <P>Commodities should be tested by the shipper to determine each commodity's tolerance to the treatment before commercial shipments are attempted. The USDA is not liable for damages caused by this quarantine.</P> </NOTE> <P>(b) <E T="03">Regulated citrus fruit that has been harvested.</E> (1) Fumigation with methyl bromide at normal atmospheric pressure with 32 g/m<E T="51">3</E> (2 pounds per 1000 cubic feet) for 3<FR>1/2</FR> hours at 21 °C. (70 °F.) or above. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Some varieties of fruit may be injured by methyl bromide exposure. Shippers should test treat before making commercial shipments.</P> </NOTE> <P>(2) Fumigation plus refrigeration: Fumigation with methyl bromide at normal atmospheric pressure with 32 g/m<E T="51">3</E> (2 pounds per 1000 cubic feet) at 21 °C. (70 °F.) or above.</P> <GPOTABLE CDEF="s30,r90" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Fumigation exposure time</CHED> <CHED H="1">Refrigeration</CHED> </BOXHD> <ROW> <ENT I="01">2 hours</ENT> <ENT>4 days at 0.55 to 0.7 °C. (33 to 37 °F.); or 11 days at 3.33 to 8.3 °C. (38 to 47 °F.).</ENT> </ROW> <ROW> <ENT I="01">2<FR>1/2</FR> hours</ENT> <ENT>4 days at 1.11 to 4.44 °C. (34 to 40 °F.); or 6 days at 5.0 to 8.33 °C. (41 to 47 °F.); or 10 days at 8.88 to 13.33 °C. (48 to 56 °F.).</ENT> </ROW> <ROW> <ENT I="01">3 hours</ENT> <ENT>3 days at 6.11 to 8.33 °C. (43 to 47 °F.); or 6 days at 9.88 to 13.33 °C. (48 to 56 °F.).</ENT> </ROW> </GPOTABLE> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Some varieties of fruit may be injured by methyl bromide exposure. Shippers should test treat before making commercial shipments.</P> </NOTE> <P>Time lapse between fumigation and start of cooling not to exceed 24 hours. Chamber load not to exceed 80 percent of volume.</P> <P>(3) Cold treatment: 10 days at 0 °C. (32 °F.) or below; or 11 days at 0.55 °C. (33 °F.) or below; 12 days at 1.11 °C (34 °F.) or below: 14 days at 1.66 °C. (35 °F.) or below; or 16 days at 2.22 °C. (36 °F.) or below.</P> <P>(c) <E T="03">Approved irradiation treatment.</E> Irradiation, carried out in accordance with the provisions of this paragraph, is approved as a treatment for any berry, fruit, nut, or vegetable listed as a regulated article in § 301.78-2(a) of this subpart.</P> <P>(1) <E T="03">Approved facility.</E> The irradiation treatment facility and treatment protocol must be approved by the Animal and Plant Health Inspection Service. In order to be approved, a facility must:</P> <P>(i) Be capable of administering a minimum absorbed ionizing radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables; <SU>8</SU> <FTREF/> </P> <FTNT> <P> <SU>8</SU> The maximum absorbed ionizing radiation dose and the irradiation of food is regulated by the Food and Drug Administration under 21 CFR part 179.</P> </FTNT> <P>(ii) Be constructed so as to provide physically separate locations for treated and untreated fruits and vegetables, except that fruits and vegetables traveling by conveyor directly into the irradiation chamber may pass through an area that would otherwise be separated. The locations must be separated by a permanent physical barrier such as a wall or chain link fence 6 or more feet high to prevent transfer of cartons;</P> <P>(iii) Complete a compliance agreement with the Animal and Plant Health Inspection Service as provided in § 301.78-6 of this subpart; and</P> <P>(iv) Be certified by Plant Protection and Quarantine for initial use and annually for subsequent use. Recertification is required in the event that an increase or decrease in radioisotope or a major modification to equipment that affects the delivered dose. Recertification may be required in cases where a significant variance in dose delivery is indicated.</P> <P>(2) <E T="03">Treatment monitoring.</E> Treatment must be carried out under the monitoring of an inspector. This monitoring must include inspection of treatment records and unannounced inspection visits to the facility by an inspector. Facilities that carry out continual irradiation operations must notify an inspector at least 24 hours before the date of operations. Facilities that carry out periodic irradiation operations must notify an inspector of scheduled operations at least 24 hours before scheduled operations.<E T="51">9</E> <FTREF/> </P> <FTNT> <P> <E T="51">9</E> Inspectors are assigned to local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories.</P> </FTNT> <P>(3) <E T="03">Packaging.</E> Fruits and vegetables that are treated within a quarantined area must be packaged in the following manner:</P> <P>(i) The cartons must have no openings that will allow the entry of fruit flies and must be sealed with seals that will visually indicate if the cartons <PRTPAGE P="76"/>have been opened. They may be constructed of any material that prevents the entry of fruit flies and prevents oviposition by fruit flies into the fruit in the carton.<SU>10</SU> <FTREF/> </P> <FTNT> <P> <SU>10</SU> If there is a question as to the adequacy of a carton, send a request for approval of the carton, together with a sample carton, to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565.</P> </FTNT> <P>(ii) The pallet-load of cartons must be wrapped before it leaves the irradiation facility in one of the following ways:</P> <P>(A) With polyethylene sheet wrap;</P> <P>(B) With net wrapping; or</P> <P>(C) With strapping so that each carton on an outside row of the pallet load is constrained by a metal or plastic strap.</P> <P>(iii) Packaging must be labeled with treatment lot numbers, packing and treatment facility identification and location, and dates of packing and treatment.</P> <P>(4) <E T="03">Dosage.</E> The fruits and vegetables must receive a minimum absorbed ionizing radiation dose of 225 Gray (22.5 krad).<E T="51">11</E> <FTREF/> </P> <FTNT> <P> <E T="51">11</E> See footnote 8.</P> </FTNT> <P>(5) <E T="03">Dosimetry systems.</E> (i) Dosimetry must demonstrate that the absorbed dose, including areas of minimum and maximum dose, is mapped, controlled, and recorded.</P> <P>(ii) Absorbed dose must be measured using a dosimetry system that can accurately measure an adsorbed dose of 225 Gray (22.5 krad).</P> <P>(iii) The utilization of the dosimetry system, including its calibration and the number and placement of dosimeters used, must be in accordance with the American Society for Testing and Materials (ASTM) standards.<SU>12</SU> <FTREF/> </P> <FTNT> <P> <E T="51">12</E> Designation E 1261, “Standard Guide for Selection and Calibration of Dosimetry Systems for Radiation Processing,” American Society for Testing and Materials, Annual Book of ASTM Standards.</P> </FTNT> <P>(6) <E T="03">Records.</E> Records or invoices for each treated lot must be made available for inspection by an inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays). An irradiation processor must maintain records as specified in this section for a period of time that exceeds the shelf life of the irradiated food product by 1 year, and must make these records available for inspection by an inspector. These records must include the lot identification, scheduled process, evidence of compliance with the scheduled process, ionizing energy source, source calibration, dosimetry, dose distribution in the product, and the date of irradiation.</P> <P>(7) <E T="03">Request for approval and inspection of facility.</E> Persons requesting approval of an irradiation treatment facility and treatment protocol must submit the request for approval in writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. Before the Administrator determines whether an irradiation facility is eligible for approval, an inspector will make a personal inspection of the facility to determine whether it complies with the standards of paragraph (c)(1) of this section.</P> <P>(8) <E T="03">Denial and withdrawal of approval.</E> (i) The Administrator will withdraw the approval of any irradiation treatment facility when the irradiation processor requests in writing the withdrawal of approval.</P> <P>(ii) The Administrator will deny or withdraw approval of an irradiation treatment facility when any provision of this section is not met. Before withdrawing or denying approval, the Administrator will inform the irradiation processor in writing of the reasons for the proposed action and provide the irradiation processor with an opportunity to respond. The Administrator will give the irradiation processor an opportunity for a hearing regarding any dispute of a material fact, in accordance with rules of practice that will be adopted for the proceeding. However, the Administrator will suspend approval pending final determination in the proceeding, if he or she determines that suspension is necessary to prevent the spread of any dangerous insect infestation. The suspension will be effective upon oral or written notification, whichever is earlier, to the irradiation processor. In the event of oral notification, written confirmation <PRTPAGE P="77"/>will be given to the irradiation processor within 10 days of the oral notification. The suspension will continue in effect pending completion of the proceeding and any judicial review of the proceeding.</P> <P>(9) <E T="03">Department not responsible for damage.</E> This treatment is approved to assure quarantine security against Mediterranean fruit fly. From the literature available, the fruits and vegetables authorized for treatment under this section are believed tolerant to the treatment; however, the facility operator and shipper are responsible for determination of tolerance. The Department of Agriculture and its inspectors assume no responsibility for any loss or damage resulting from any treatment prescribed or supervised. Additionally, the Nuclear Regulatory Commission is responsible for ensuring that irradiation facilities are constructed and operated in a safe manner. Further, the Food and Drug Administration is responsible for ensuring that irradiated foods are safe and wholesome for human consumption.</P> <P>(d) <E T="03">Premises.</E> A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with malathion bait spray. These treatments must take place at 6 to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Mediterranean fruit fly. Determination of the time period must be based on day degrees. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by weight) per acre, for a total of 12 fluid ounces per acre.</P> <P>(e) <E T="03">Soil</E>. Soil within the drip area of plants that are producing or have produced the berries, fruits, nuts, and vegetables listed in § 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds actual ingredient per acre to the soil within the drip area with sufficient water to wet the soil to a depth of at least <FR>1/2</FR> inch. Both immersion and pour-on treatment procedures are also acceptable.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 58 FR 63031, Nov. 30, 1993; 59 FR 25791, May 18, 1994; 60 FR 52834, Oct. 11, 1995; 62 FR 47557, Sept. 10, 1997; 65 FR 54742, Sept. 11, 2000]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Witchweed</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.80</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <P>(a) <E T="03">Notice of quarantine.</E> Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines the States of North Carolina and South Carolina in order to prevent the spread of witchweed (<E T="03">Striga</E> spp.), a parasitic plant that causes a dangerous disease of corn, sorghum, and other crops of the grass family and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the States of North Carolina and South Carolina with respect to the interstate movement from those States of articles described in paragraph (b) of this section, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action.</P> <P>(b) <E T="03">Quarantine restrictions on interstate movement of specified regulated articles.</E> No common carrier or other person shall move interstate from any quarantined State any of the following articles (defined in § 301.80-1(p) as regulated articles), except in accordance with the conditions prescribed in this subpart:</P> <P>(1) Soil, compost, peat, humus, muck, and decomposed manure, separately or with other things; sand; and gravel.</P> <P>(2) Plants with roots.</P> <P>(3) Grass sod.</P> <P>(4) Plant crowns and roots for propagation.</P> <P>(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.</P> <P>(6) Root crops, except those from which all soil has been removed.<PRTPAGE P="78"/> </P> <P>(7) Peanuts in shells and peanut shells, except boiled or roasted peanuts.</P> <P>(8) Small grains and soybeans.</P> <P>(9) Hay, straw, fodder, and plant litter of any kind.</P> <P>(10) Seed cotton and gin trash.</P> <P>(11) Stumpwood.</P> <P>(12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes, and watermelons, except those from which all soil has been removed.</P> <P>(13) Pickling cucumbers, string beans, and field peas.</P> <P>(14) Cabbage, except firm heads with loose outer leaves removed.</P> <P>(15) Leaf tobacco, except flue-cured leaf tobacco.</P> <P>(16) Ear corn, except shucked ear corn.</P> <P>(17) Sorghum.</P> <P>(18) Used crates, boxes, burlap bags, and cotton-picking sacks, and other used farm products containers.</P> <P>(19) Used farm tools.</P> <P>(20) Used mechanized cultivating equipment and used harvesting equipment.</P> <P>(21) Used mechanized soil-moving equipment.</P> <P>(22) Any other products, articles, or means of conveyance, of any character whatsoever, not covered by paragraphs (b) (1) through (20) of this section, when it is determined by an inspector that they present a hazard of spread of witchweed, and the person in possession thereof has been so notified.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Certificate.</E> A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Service to whom authority to act in his stead has been or may hereafter be delegated.</P> <P> <E T="03">Farm tools.</E> An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws.</P> <P> <E T="03">Generally infested area.</E> Any part of a regulated area not designated as a suppressive area in accordance with § 301.80-2.</P> <P> <E T="03">Infestation.</E> The presence of witchweed or the existence of circumstances that make it reasonable to believe that witchweed is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited handling, utilization, or processing, or for treatment.</P> <P> <E T="03">Mechanized cultivating equipment; and mechanized harvesting equipment.</E> Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., mechanical cotton harvesters, hay balers, corn pickers, and combines.</P> <P> <E T="03">Mechanized soil-moving equipment.</E> Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dumptrucks.<PRTPAGE P="79"/> </P> <P> <E T="03">Moved</E> (<E T="03">movement, move</E>). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved by any means. “Movement” and “move” shall be construed accordingly.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, or association, or other organized group of any of the foregoing.</P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The organizational unit with the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Regulated area.</E> Any quarantined State, or any portion thereof, designated as a regulated area in § 301.80-2a or otherwise designated as a regulated area in accordance with § 301.80-2(b).</P> <P> <E T="03">Regulated articles.</E> Any articles described in § 301.80(b).</P> <P> <E T="03">Restricted destination permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.</P> <P> <E T="03">Scientific permit.</E> A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.</P> <P> <E T="03">Soil.</E> That part of the upper layer of earth in which plants can grow.</P> <P> <E T="03">State.</E> Any State, territory, or district of the United States, including Puerto Rico.</P> <P> <E T="03">Suppressive area.</E> That portion of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under § 301.80-2(a).</P> <P> <E T="03">Treatment Manual.</E> The provisions currently contained in the “Manual of Administratively Authorized Procedures to be Used Under the Witchweed Quarantine” and the “Fumigation Procedures Manual” and any amendments thereto. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Pamphlets containing such provisions are available upon request to the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector.</P> </FTNT> <P> <E T="03">Witchweed.</E> Parasitic plants of the genus <E T="03">Striga</E> and reproductive parts thereof, including seeds.</P> <CITA>[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.</SUBJECT> <P>(a) <E T="03">Regulated areas and suppressive or generally infested areas.</E> The Deputy Administrator shall designate as regulated areas, in a supplemental regulation designated as § 301.80-2a, each quarantined State, or each portion thereof in which witchweed has been found or in which there is reason to believe that witchweed is present or which it is deemed necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may designate any regulated area or portion thereof, as a suppressive area or a generally infested area in accordance with the definitions thereof in § 301.80-1. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of witchweed.</P> <P>(b) <E T="03">Temporary designation of regulated areas and suppressive or generally infested areas.</E> The Deputy Administrator <PRTPAGE P="80"/>or an authorized inspector may temporarily designate any other premises in a quarantined State as a regulated area and may designate the regulated area or portions thereof as a suppressive or generally infested area, in accordance with the criteria specified in paragraph (a) of this section for designating such area, by serving written notice thereof on the owner or person in possession of such premises, and thereafter the interstate movement of regulated articles from such premises by any person having notice of the designation shall be subject to the applicable provisions of this subpart. As soon as practicable, such premises shall be added to the list in § 301.80-2a if a basis then exists for their designation.</P> <P>(c) <E T="03">Termination of designation as a regulated area and a suppressive or generally infested area.</E> The Deputy Administrator shall terminate the designation provided for under paragraph (a) of this section of any area designated as a regulated area or a suppressive or a generally infested area when he determines that such designation is no longer required under the criteria specified in paragraph (a) of this section. The Deputy Administrator or an inspector shall terminate the designation provided for under paragraph (b) of this section of any premises designated as a regulated area or a suppressive or a generally infested area when he determines that such designation is no longer required under the criteria specified in paragraph (a) of this section, and notice thereof shall be given to the owner or person in possession of the premises.</P> <P>(d) <E T="03">Exemption of articles from certification, permit, or other requirements.</E> The Deputy Administrator may, in a supplemental regulation designated as § 301.80-2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he may prescribe, if he finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.</P> <CITA>[41 FR 27372, July 2, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-2a</SECTNO> <SUBJECT>Regulated areas; generally infested and suppressive areas.</SUBJECT> <P>The civil divisions and parts of civil divisions described below are designated as witchweed regulated areas within the meaning of this subpart.</P> <EXTRACT> <HD SOURCE="HD1">North Carolina</HD> <P>(1) <E T="03">Generally infested areas.</E> None.</P> <P>(2) <E T="03">Suppressive areas.</E> </P> <P> <E T="03">Bladen County.</E> That area north of a line beginning at the intersection of the Robeson-Bladen County line and State Highway 211, then east along State Highway 211 Bypass to State Highway 242, then northeast along State Highway 242 to U.S. Highway 701, then north along U.S. Highway 701 to the Cape Fear River, then southeast along the Cape Fear River to the Bladen-Columbus County line.</P> <P>The Blanks, Alex, farm located on the north side of State Secondary Road 1734 and 0.5 mile southeast of its intersection with State Highway 87.</P> <P>The Hardison, H.B., farm located on a field road 0.25 mile northwest of its intersection with State Secondary Road 1719 and 0.2 mile west of its intersection with State Secondary Road 1797.</P> <P>The Jacobs, Sammy, farm located on a field road 2.0 miles southwest of its intersection with State Secondary Road 1708 and 0.25 mile south of its intersection with State Secondary Road 211.</P> <P>The Maultsby, T.N., farm located on both sides of State Highway 87 at 0.7 mile northwest of its intersection with State Secondary Road 1743.</P> <P>The Williams, Johnny, farm located west of State Highway 211 Business and 0.1 mile from its intersection with State Highway 211 Bypass and 0.5 mile southeast of the Robeson-Bladen County line.</P> <P> <E T="03">Columbus County.</E> The Biggs, K.M., farm located on the north side of State Secondary Road 1574 and 1.1 miles southeast of its intersection with State Secondary Road 1506.</P> <P>The Border Belt Research Station farm located on the west side of State Secondary Road 1537 and 0.3 mile northeast of its intersection with State Secondary Road 1002.</P> <P>The Britt, J.T., farm located on the east side of State Secondary Road 1504 and 1.3 miles northeast of its intersection with State Secondary Road 1504.</P> <P>The Gore, Nettie, farm located on the west side of U.S. Highway 76 and 0.6 mile north of its intersection with State Secondary Road 1355.</P> <P>The Griffin, Wilson, farm located on the east side of State Secondary Road 1512 and 1.4 miles southwest of its intersection with State Highway 242.</P> <P>The Ivey, William, farm located on the south side of State Secondary Road 1504 and <PRTPAGE P="81"/>0.3 mile from its intersection with State Secondary Road 1506.</P> <P>The Keaton, Willie, farm located on the south side of State Secondary Road 1852 and 0.5 mile southwest of its intersection with State Highway 87.</P> <P>The Lennon, Calvin, farm located on the southwest side of State Secondary Road 1002 and 0.7 mile southeast of its intersection with State Highway 242.</P> <P> <E T="03">Cumberland County.</E> That area bounded on the west by the Cape Fear River, then by a line running east and northeast along the Fayetteville city limits to U.S. Highway 301, then northeast along U.S. Highway 301 to Interstate 95, then northeast along Interstate 95 to U.S. Highway 13, then east and northeast along U.S. Highway 13 to the Cumberland-Sampson County line.</P> <P>The Bullock, Berline, farm located on the north side of State Secondary Road 1722 and 0.2 mile west of its intersection with U.S. Highway 301.</P> <P>The Lewis, David, farm located on the west side of U.S. Highway 301 and 0.1 mile south of its intersection with State Secondary Road 1802.</P> <P>The Lovick, Eugene, farm located on the north side of State Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway 301.</P> <P>The McKeithan, Sarah, farm located on the west side of U.S. Highway 301 and 0.3 mile south of its intersection with State Secondary Road 1856.</P> <P>The McKeithan, Zela, farm located on the east side of U.S. Highway 301 and 0.3 mile south of its intersection with State Secondary Road 1856.</P> <P>The McLaughlin, Cornell, farm located on the south side of State Secondary Road 2221 and 0.2 mile east of its intersection with State Secondary Road 2367.</P> <P>The McLaurin, George, farm located on the north side of State Secondary Road 1722 and 0.4 mile west of its intersection with U.S. Highway 301.</P> <P>The McNeill, Clifton, farm located on both sides of State Secondary Road 2241 at its intersection with State Secondary Road 2252.</P> <P>The Odom, Marshall, farm located on the north side of State Secondary Road 1722 and 0.1 mile west of its intersection with U.S. Highway 301.</P> <P>The Patterson, Theodore, farm located on the north side of State Road 1288 at its intersection with State Secondary Road 1116.</P> <P>The Underwood, Olive T., farm located on the east side of State Secondary Road 1723 and 0.8 mile south of its junction with State Secondary Road 1722.</P> <P>The Williams, Howard, farm located at the end of State Secondary Road 2243, which is a dead end road.</P> <P> <E T="03">Pender County.</E> The Kea, Leo, farm located 0.3 mile east of State Secondary Road 1105 and 1.2 miles south of its intersection with State Secondary Road 1104.</P> <P>The Keith, F.R., farm located on both sides of State Secondary Road 1130 and 0.7 mile west of its junction with State Highway 210.</P> <P>The Manuel, George, farm located 0.1 mile south of State Highway 210 and 0.2 mile west of its junction with State Secondary Road 1103.</P> <P>The McCallister, Mary, farm located 0.2 mile east of State Secondary Road 1105 and 1.1 miles south of its intersection with State Secondary Road 1104.</P> <P>The Zibelin, John R., farm located 0.5 mile east of State Secondary Road 1105 and 1.2 miles south of its intersection with State Secondary Road 1104.</P> <P> <E T="03">Robeson County.</E> That area west and south of a line beginning at the intersection of Interstate 95 and the Cumberland-Robeson County line and extending southeast along Interstate 95 to State Highway 211 then northeast along State Highway 211 to the Robeson-Bladen County line.</P> <P>The Epps, Frank, farm located on the northeast side of a field road 0.5 mile east of its intersection with State Secondary Road 1935 and 0.7 mile east of its intersection with U.S. Highway 301.</P> <P>The Smith, Josephine, farm located on the west side of State Secondary Road 1937 and 0.2 mile south of its intersection with State Secondary Road 1933.</P> <P>The Warwick, W.M., farm located on a field road 0.3 mile north of State Secondary Road 2120 and 0.5 mile west of its intersection with State Highway 211.</P> <P> <E T="03">Sampson County.</E> That area south of a line beginning at a point where U.S. Highway 421 intersects the Sampson-Harnett County line, then southeast along U.S. Highway 421 to the Sampson-Pender County line.</P> <P>The Bryant, Ermon Estate, farm located on the north side of State Secondary Road 1943 and 0.6 mile northwest of its intersection with State Secondary Road 1942.</P> <P>The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road 1736 and 1 mile south of its intersection with State Secondary Road 1731.</P> <P>The Merritt, David, farm located on a field road 0.5 mile south of State Secondary Road 1943 and 0.4 mile southwest of its intersection with State Secondary Road 1944.</P> <P>The Pate, Ray, farm located on the west side of State Secondary Road 1738 and 0.6 mile southeast of its intersection with State Secondary Road 1740.</P> <P>The Quarter M Farms farm located on a field road 0.2 mile southeast of State Secondary Road 1955 and 0.7 mile southeast of its intersection with State Secondary Road 1945.</P> <P>The Strickland, Edgebert, farm located on the north side of State Highway 421 and 1 mile east of its intersection with State Secondary Road 1703.<PRTPAGE P="82"/> </P> <HD SOURCE="HD1">South Carolina</HD> <P>(1) <E T="03">Generally infested areas.</E> None.</P> <P>(2) <E T="03">Suppressive areas.</E> </P> <P> <E T="03">Dillon County.</E> The Adams, Coble, farm located west of State Secondary Highway 23 and 0.2 mile north of its intersection with State Secondary Highway 286.</P> <P>The Wise, Wilbur, farm located on the south side of a field road and 0.15 mile southeast of the junction of the road with State Secondary Road 626 and 0.55 mile southwest of the intersection of State Secondary Road 625 with State Highway 38.</P> <P> <E T="03">Horry County.</E> That area bounded by a line beginning at a point where U.S. Highway 76 intersects the South Carolina-North Carolina State line, then south along U.S. Highway 76 to State Secondary Highway 44, then south along State Secondary Highway 44 to State Secondary Highway 19, then south along State Secondary Highway 19 to Honey Camp Branch, then southwest along Honey Camp Branch to Lake Swamp, then east along Lake Swamp to Prince Mill Swamp, then south along Prince Mill Swamp to State Secondary Highway 309, then southwest along State Secondary Highway 309 to State Secondary Highway 45, then southwest along State Secondary Highway 45 to State Secondary Highway 129, then northwest along State Secondary Highway 129 to U.S. Highway 501, then northwest along U.S. Highway 501 to the Little Pee Dee River, then northeast along the Little Pee Dee River to the Lumber River, then northeast along the Lumber River to the South Carolina-North Carolina State line, then southeast along the State line to the point of beginning.</P> <P>That area south of a line beginning at the intersection of the Waccamaw River and State Secondary Highway 638, then southeast along State Secondary Highway 638 to State Primary Highway 90, then north along State Primary Highway 90 to an unpaved road known as Water Tower Road, then east along Water Tower Road to an unpaved road known as Telephone Road, then southeast along Telephone Road to the northern tip of Long Bay, then west along Long Bay to Dogwood Road, then northwest along Dogwood Road to South Carolina Primary Highway 90, then northeast along South Carolina Primary Highway 90 to the north branch of Mills Swamp, then west along this branch to the Waccamaw River, then northeast along the Waccamaw River to the point of beginning.</P> <P>The Harden, John, farm located on the northwest side of a dirt road and 0.4 mile northeast of the junction of this dirt road with State Secondary Roads 105 and 377.</P> <P>The Stevens, James, farm located on the south side of a dirt road and 0.3 mile northeast of its junction with State Secondary Highway 112, this junction being 1.2 miles east of the junction of State Secondary Highway 112 with State Secondary Highway 139.</P> <P> <E T="03">Marion County.</E> That area north, west, and east of a line beginning at the intersection of State Primary Highway 41A and the North Carolina-South Carolina State lines, then southwest along State Primary Highway 41A to the Marion city limits, then southeast along the Marion city limits to U.S. Highway 76, then east along U.S. Highway 76 to the Mullins city limits, then southeast along the Mullins city limits to State Primary Highway 917, then southeast along State Primary Highway 917 to the Little Pee Dee River.</P> </EXTRACT> <CITA>[63 FR 31602, June 10, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-2b</SECTNO> <SUBJECT>Exempted articles. <SU>1</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU> The articles hereby exempted remain subject to applicable restrictions under other quarantines.</P> </FTNT> <P>(a) The following articles are exempt from the certification and permit and other requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (5) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraph:</P> <P>(1) Small grains, if harvested in bulk or into new or treated containers, and if the grains and containers for the grains have not come in contact with the soil or if they have been cleaned at a designed facility. <SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> Information as to designated facilities, gins, oil mills, and processing plants may be obtained from an inspector. Any facility, gin, oil mill, or processing plant is eligible for designation under this subpart if the operator thereof enters into a compliance agreement (as defined in § 301.80-1(b)).</P> </FTNT> <P>(2) Soybeans, when determined by an inspector that the soybeans were grown, harvested, and handled in a manner to prevent contamination from witchweed seed.</P> <P>(3) Pickling cucumbers, string beans, and field peas, if washed free of soil with running water.</P> <P>(4) Used farm tools, if cleaned free of soil.</P> <P>(5) Used mechanized cultivating equipment and used mechanized soil-moving equipment, if cleaned free of soil.<PRTPAGE P="83"/> </P> <P>(b) The following article is exempt from the certification and permit requirements of § 301.80-4 under the applicable conditions as prescribed in paragraph (b)(1) of this section:</P> <P>(1) Seed cotton, if moving to a designated gin. <SU>2</SU> </P> <CITA>[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States. <SU>3</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>(a) Any regulated articles, except soil samples for processing, testing, or analysis, may be moved interstate from any quarantined State under the following conditions:</P> <P>(1) With certificate or permit issued and attached in accordance with §§ 301.80-4 and 301.80-7, if moved:</P> <P>(i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or</P> <P>(ii) From any generally infested area into or through any suppressive area; or</P> <P>(iii) Between any noncontiguous suppressive areas; or</P> <P>(iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the witchweed and the person in possession thereof has been so notified; or</P> <P>(v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or </P> <P>(2) Without certificate or permit if moved: </P> <P>(i) From any regulated area under the provisions of § 301.80-2b which exempts certain articles from certificate and permit requirements; or </P> <P>(ii) From a generally infested area to a contiguous generally infested area; or </P> <P>(iii) From a suppressive area to a contiguous generally infested area; or </P> <P>(iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the witchweed exists; or </P> <P>(v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or </P> <P>(3) From any area outside the regulated areas, if moved: </P> <P>(i) With a certificate or permit attached; or </P> <P>(ii) Without a certificate or permit, if: </P> <P>(A) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.80-2b; or </P> <P>(B) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. </P> <P>(b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing, or analysis may be moved interstate from any regulated area only to laboratories approved <SU>4</SU> <FTREF/> by the Deputy Administrator and so listed by him in a supplemental regulation. <SU>5</SU> <FTREF/> A certificate or permit will not be required to be attached to such soil samples except in those emergency situations where the Deputy Administrator has authorized such movement to another destination with a certificate or permit issued and attached in accordance with §§ 301.80-4(d) and 301.80-7. Soil samples originating in areas outside of the regulated areas will not require such a certificate or permit and their movement is not restricted to approved laboratories if the point of origin of such samples is clearly indicated on the articles or shipping document which accompanies the articles and if <PRTPAGE P="84"/>the movement is not made through any regulated area.</P> <FTNT> <P> <SU>4</SU> Pamphlets containing provisions for laboratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.</P> </FTNT> <FTNT> <P> <SU>5</SU> For list of approved laboratories, see (41 FR 4615 and amendments thereof).</P> </FTNT> <CITA>[41 FR 27373, July 2, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <P>(a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: </P> <P>(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or </P> <P>(2) Have been treated to destroy infestation in accordance with the treatment manual; or </P> <P>(3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby. </P> <P>(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing, or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of witchweed and requirements of other applicable Federal domestic plant quarantines have been met. </P> <P>(c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.</P> <P>(d) Scientific permits to allow the interstate movement of regulated articles, and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations, may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of witchweed.</P> <P>(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments of regulated articles (except soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.</P> <P>(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. As soon as possible after such withdrawal, the holder of the certificate or permit shall be notified in writing by the Deputy Administrator or an <PRTPAGE P="85"/>inspector of the reason therefor and afforded reasonable opportunity to present his views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-5</SECTNO> <SUBJECT>Compliance agreements; and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.</P> <P>(b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever he finds that such other party has failed to comply with the conditions of the agreement. As soon as possible after such cancellation, such party shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.80-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such a manner as the inspector designates to facilitate inspection.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-7</SECTNO> <SUBJECT>Attachment and disposition of certificates or permits.</SUBJECT> <P>(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificates or permit shall be securely attached to the outside of the container in which such articles are moved except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit or shipping document, the attachment of the certificate or permit to each container of the articles is not required.</P> <P>(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <P>Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and witchweed as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-9</SECTNO> <SUBJECT>Movement of witchweed.</SUBJECT> <P>Regulations requiring a permit for, and otherwise governing the movement of witchweed in interstate or foreign commerce are contained in the Federal plant pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.80-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> <P>The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and <PRTPAGE P="86"/>regulations in this subpart, other than for the services of the inspector.</P> <CITA>[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Imported Fire Ant</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 57327, Dec. 4, 1992, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.81</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>No person may move interstate from any quarantined area any regulated article except in accordance with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.81-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture (APHIS).</P> <P> <E T="03">Certificate.</E> A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <P> <E T="03">Imported fire ant.</E> Living imported fire ants of the species <E T="03">Solenopsis invicta</E> Buren and <E T="03">Solenopsis richteri</E> Forel, and hybrids of these species.</P> <P> <E T="03">Infestation (infested).</E> The presence of an imported fire ant queen or a reproducing colony of imported fire ants, except that on grass sod and plants with roots and soil attached, an infestation is the presence of any life form of the imported fire ant.</P> <P> <E T="03">Inspector.</E> An APHIS employee or other person authorized by the Administrator to enforce the provisions of this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector affirms that a specified regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in accordance with conditions specified on the permit.</P> <P> <E T="03">Movement (moved).</E> The act of shipping, transporting, delivering, or receiving for movement, or otherwise aiding, abetting, inducing or causing to be moved.</P> <P> <E T="03">Noncompacted soil.</E> Soil that can be removed from an article by brisk brushing or washing with water under normal city water pressure (at least 4 gallons per minute at 40 to 50 pounds per square inch through a <FR>1/2</FR>-inch orifice).</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity.</P> <P> <E T="03">Reproducing colony.</E> A combination of one or more imported fire ant workers and one or more of the following immature imported fire ant forms: Eggs, larvae, or pupae.</P> <P> <E T="03">Soil.</E> Any non-liquid combination of organic and/or inorganic material in which plants can grow.</P> <P> <E T="03">Soil-moving equipment.</E> Equipment used for moving or transporting soil, including, but not limited to, bulldozers, dump trucks, or road scrapers.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 301.81-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Imported fire ant queens and reproducing colonies of imported fire ants.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Permit and other requirements for the interstate movement of imported fire ants are contained in part 330 of this chapter.</P> </FTNT> <P>(b) Soil,<SU>2</SU> <FTREF/> separately or with other articles, except potting soil that is shipped in original containers in which the soil was placed after commercial preparation.</P> <FTNT> <P> <SU>2</SU> The movement of soil from Puerto Rico is subject to additional provisions in part 330 of this chapter.</P> </FTNT> <P>(c) Baled hay and baled straw stored in direct contact with the ground;<PRTPAGE P="87"/> </P> <P>(d) Plants and sod with roots and soil attached, except plants maintained indoors in a home or office environment and not for sale;</P> <P>(e) Used soil-moving equipment, unless removed of all noncompacted soil; and</P> <P>(f) Any other article or means of conveyance when:</P> <P>(1) An inspector determines that it presents a risk of spread of the imported fire ant due to its proximity to an infestation of the imported fire ant; and</P> <P>(2) The person in possession of the product, article, or means of conveyance has been notified that it is regulated under this subpart.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0102)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) The Administrator will quarantine each State or each portion of a State that is infested.</P> <P>(b) Less than an entire State will be listed as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles listed in § 301.81-2 that are equivalent to the interstate movement restrictions imposed by this subpart; and</P> <P>(2) Designating less than the entire State as a quarantined area will prevent the spread of the imported fire ant.</P> <P>(c) The Administrator may include uninfested acreage within a quarantined area due to its proximity to an infestation or inseparability from the infested locality for quarantine purposes, as determined by:</P> <P>(1) Projections of spread of imported fire ant around the periphery of the infestation, as determined by previous years’ surveys;</P> <P>(2) Availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of imported fire ant populations; and</P> <P>(3) Necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries.</P> <P>(d) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (e) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.</P> <P>(e) The areas described below are designated as quarantined areas:</P> <EXTRACT> <HD SOURCE="HD1">Alabama</HD> <P>The entire State.</P> <HD SOURCE="HD1">Arkansas</HD> <P>Ashley County. The entire county.</P> <P>Bradley County. The entire county.</P> <P>Calhoun County. The entire county.</P> <P>Chicot County. The entire county.</P> <P>Clark County. The entire county.</P> <P>Cleveland County. The entire county.</P> <P>Columbia County. The entire county.</P> <P>Dallas County. The entire county.</P> <P>Desha County. The entire county.</P> <P>Drew County. The entire county.</P> <P>Garland County. The entire county.</P> <P>Grant County. That portion of the county south of the south line T. 5 S. and east of State Highway 167. That portion of the county south of U.S. Highway 270, including the corporate city limits of Sheridan.</P> <P>Hempstead County. That portion of the county south of Interstate 30, including all of the incorporated city limits of Hope. That portion of the county south of Arkansas Highway 24.</P> <P>Hot Springs County. The entire county.</P> <P>Howard County. The entire county.</P> <P>Jefferson County. The entire county.</P> <P>Lafayette County. The entire county.</P> <P>Lincoln County. The entire county.</P> <P>Little River County. The entire county.</P> <P>Miller County. The entire county.<PRTPAGE P="88"/> </P> <P>Nevada County. That portion of the county south of the south line of T. 10 S. and the Little Missouri River.</P> <P>Ouachita County. The entire county.</P> <P>Pike County. The entire county.</P> <P>Pulaski County. The entire county.</P> <P>Saline County. The entire county.</P> <P>Sevier County. The entire county.</P> <P>Union County. The entire county.</P> <HD SOURCE="HD1">California</HD> <P> <E T="03">Los Angeles County.</E> That portion of Los Angeles County in the Cerritos area bounded by a line beginning at the intersection of Artesia Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the Los Angeles/Orange County Line; then south and west along the Los Angeles/Orange County Line to Carson Street; then west along Carson Street to Norwalk Boulevard; then north along Norwalk Boulevard to Centralia Street; then west along Centralia Street to Pioneer Boulevard; then north along Pioneer Boulevard to South Street; then east along South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 183rd Street; then east along 183rd Street to Bloomfield Avenue; then north along Bloomfield Avenue to Artesia Boulevard; then east along Artesia Boulevard to the point of beginning.</P> <P>That portion of Los Angeles County in the Azusa area bounded by a line beginning at the intersection of Irwindale Avenue and Foothill Boulevard; then east along Foothill Boulevard to Azusa Avenue; then south along Azusa Avenue to East Fifth Street; then east along East Fifth Street to North Cerritos Avenue; then south along North Cerritos Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, then south along Azusa Avenue to Covina Boulevard; then west along an imaginary line to the intersection of Martinez Street and Irwindale Avenue; then north along Irwindale Avenue to the point of beginning.</P> <P> <E T="03">Orange County.</E> The entire county.</P> <P> <E T="03">Riverside County.</E> That portion of Riverside County in the Indio area bounded by a line beginning at the intersection of Avenue 50 and Jackson Street; then south along Jackson Street to 54th Avenue; then west along 54th Avenue to Madison Street; then north along Madison Street to Avenue 50; then east along Avenue 50 to the point of beginning.</P> <P>That portion of Riverside County in the Moreno Valley area bounded by a line beginning at the intersection of Reche Vista Drive and Canyon Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; then east along Valley Ranch Road to Michael Way; then south along Michael Way to Casey Court; then east along Casey Court to the Moreno Valley City Limits; then south and east along the Moreno Valley City Limits to Pico Vista Way; then southwest along Pico Vista Way to Los Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then west along Jaclyn Avenue to Perris Boulevard; then south along Perris Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard Street; then north along Hubbard Street to Nightfall Way; then west and south along Nightfall Way to Sundial Way; then west along Sundial Way to Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane to Moonraker Lane; then west along Moonraker Lane to Davis Street; then south along Davis Street to Gregory Lane; then west along Gregory Lane to Heacock Street; then northwest along an imaginary line to the intersection of Lake Valley Drive and Breezy Meadow Drive; then north along Breezy Meadow Drive to its intersection with Stony Creek; then north along an imaginary line to the intersection of Old Lake Drive and Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to El Granito Street; then east along El Granito Street to Lawless Road; then east along an imaginary line to the intersection of Heacock Street and Reche Vista Drive; then north along Reche Vista Drive to the point of beginning.</P> <P>That portion of Riverside County in the Bermuda Dunes, Palm Desert, and Rancho Mirage areas bounded by a line beginning at the intersection of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then west along Gerald Ford Drive to Bob Hope Drive; then south along Bob Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive to Vista Del Sol; then south along Vista Del Sol to Country Club Drive; then east along Country Club Drive to Adams Street; then south along Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo Place; then south along Tranquillo Place to its intersection with Harbour Court; then southwest along an imaginary line to the intersection of Granada Drive and Caballeros Drive; then southeast along Caballeros Drive to Kingston Drive; then west along Kingston Drive to Mandeville Road; then east along Mandeville Road to Port Maria Road; then south along Port Maria Road to Fred Waring Drive; then west along Fred Waring Drive to its intersection with Dune Palms Road; then southwest along an imaginary line to the intersection of Adams Street and Miles Avenue; then west along Miles Avenue to Washington Street; then northwest along Washington Street to Fred Waring Drive; then west along Fred Waring Drive to Joshua Road; then north along Joshua Road to Park View Drive; then west along Park View Drive to State Highway 111; then northwest <PRTPAGE P="89"/>along State Highway 111 to Magnesia Fall Drive; then west along Magnesia Fall Drive to Gardess Road; then northwest along Gardess Road to Dunes View Road; then northeast along Dunes View Road to Halgar Road; then northwest along Halgar Road to Indian Trail Road; then northeast along Indian Trail Road to Mirage Road; then north along Mirage Road to State Highway 111; then northwest along State Highway 111 to Frank Sinatra Drive; then west along Frank Sinatra Drive to Da Vall Drive; then north along Da Vall Drive to Ramon Road; then east along Ramon Road to the point of beginning.</P> <P>That portion of Riverside County in the Palm Springs area bounded by a line beginning at the intersection of Tramway Road, State Highway 111, and San Rafael Drive; then east along San Rafael Drive to Indian Canyon Drive; then south along Indian Canyon Drive to Francis Drive; then east along Francis Drive to North Farrell Drive; then south along North Farrell Drive to Verona Road; then east along Verona Road to Whitewater Club Drive; then east along an imaginary line to the intersection of Verona Road and Ventura Drive; then east along Verona Road to Avenida Maravilla; then east and south along Avenida Maravilla to 30th Avenue; then west along 30th Avenue to its end; then due west along an imaginary line to the Whitewater River; then southeast along the Whitewater River to Dinah Shore Drive; then west along an imaginary line to the east end of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then south along Golf Club Drive to East Palm Canyon Drive; then south along an imaginary line to the intersection of Desterto Vista and Palm Hills Drive; then south along Palm Hills Drive to its end; then southwest along an imaginary line to the intersection of Murray Canyon and Palm Canyon Drive; then northwest along Palm Canyon Drive to the Palm Springs city limits; then west and north along Palm Springs city limits to Tahquitz Creek; then due north along an imaginary line to Tramway Road; then northeast along Tramway Road to the point of beginning.</P> <HD SOURCE="HD1">Florida</HD> <P>The entire State.</P> <HD SOURCE="HD1">Georgia</HD> <P>Appling County. The entire county.</P> <P>Atkinson County. The entire county.</P> <P>Bacon County. The entire county.</P> <P>Baker County. The entire county.</P> <P>Baldwin County. The entire county.</P> <P>Banks County. The entire county.</P> <P>Barrow County. The entire county.</P> <P>Bartow County. The entire county.</P> <P>Ben Hill County. The entire county.</P> <P>Berrien County. The entire county.</P> <P>Bibb County. The entire county.</P> <P>Bleckley County. The entire county.</P> <P>Brantley County. The entire county.</P> <P>Brooks County. The entire county.</P> <P>Bryan County. The entire county.</P> <P>Bulloch County. The entire county.</P> <P>Burke County. The entire county.</P> <P>Butts County. The entire county.</P> <P>Calhoun County. The entire county.</P> <P>Camden County. The entire county.</P> <P>Candler County. The entire county.</P> <P>Carroll County. The entire county.</P> <P>Catoosa County. The entire county.</P> <P>Charlton County. The entire county.</P> <P>Chatham County. The entire county.</P> <P>Chattachoochee County. The entire county.</P> <P>Chattooga County. The entire county.</P> <P>Cherokee County. The entire county.</P> <P>Clarke County. The entire county.</P> <P>Clay County. The entire county.</P> <P>Clayton County. The entire county.</P> <P>Clinch County. The entire county.</P> <P>Cobb County. The entire county.</P> <P>Coffee County. The entire county.</P> <P>Colquitt County. The entire county.</P> <P>Columbia County. The entire county.</P> <P>Cook County. The entire county.</P> <P>Coweta County. The entire county.</P> <P>Crawford County. The entire county.</P> <P>Crisp County. The entire county.</P> <P>Dade County. The entire county.</P> <P>Dawson County. The entire county.</P> <P>Decatur County. The entire county.</P> <P>De Kalb County. The entire county.</P> <P>Dodge County. The entire county.</P> <P>Dooly County. The entire county.</P> <P>Dougherty County. The entire county.</P> <P>Douglas County. The entire county.</P> <P>Early County. The entire county.</P> <P>Echols County. The entire county.</P> <P>Effingham County. The entire county.</P> <P>Elbert County. The entire county.</P> <P>Emanuel County. The entire county.</P> <P>Evans County. The entire county.</P> <P>Fannin County. The entire county.</P> <P>Fayette County. The entire county.</P> <P>Floyd County. The entire county.</P> <P>Forsyth County. The entire county.</P> <P>Franklin County. The entire county.</P> <P>Fulton County. The entire county.</P> <P>Gilmer County. The entire county.</P> <P>Glascock County. The entire county.</P> <P>Glynn County. The entire county.</P> <P>Gordon County. The entire county.</P> <P>Grady County. The entire county.</P> <P>Greene County. The entire county.</P> <P>Gwinnett County. The entire county.</P> <P>Habersham County. The entire county.</P> <P>Hall County. The entire county.</P> <P>Hancock County. The entire county.</P> <P>Haralson County. The entire county.</P> <P>Harris County. The entire county.</P> <P>Hart County. The entire county.</P> <P>Heard County. The entire county.</P> <P>Henry County. The entire county.</P> <P>Houston County. The entire county.</P> <P>Irwin County. The entire county.<PRTPAGE P="90"/> </P> <P>Jackson County. The entire county.</P> <P>Jasper County. The entire county.</P> <P>Jeff Davis County. The entire county.</P> <P>Jefferson County. The entire county.</P> <P>Jenkins County. The entire county.</P> <P>Johnson County. The entire county.</P> <P>Jones County. The entire county.</P> <P>Lamar County. The entire county.</P> <P>Lanier County. The entire county.</P> <P>Laurens County. The entire county.</P> <P>Lee County. The entire county.</P> <P>Liberty County. The entire county.</P> <P>Lincoln County. The entire county.</P> <P>Long County. The entire county.</P> <P>Lowndes County. The entire county.</P> <P>Lumpkin County. The entire county.</P> <P>Macon County. The entire county.</P> <P>Madison County. The entire county.</P> <P>Marion County. The entire county.</P> <P>McDuffie County. The entire county.</P> <P>McIntosh County. The entire county.</P> <P>Meriwether County. The entire county.</P> <P>Miller County. The entire county.</P> <P>Mitchell County. The entire county.</P> <P>Monroe County. The entire county.</P> <P>Montgomery County. The entire county.</P> <P>Morgan County. The entire county.</P> <P>Murray County. The entire county.</P> <P>Muscogee County. The entire county.</P> <P>Newton County. The entire county.</P> <P>Oconee County. The entire county.</P> <P>Oglethorpe County. The entire county.</P> <P>Paulding County. The entire county.</P> <P>Peach County. The entire county.</P> <P>Pickens County. The entire county.</P> <P>Pierce County. The entire county.</P> <P>Pike County. The entire county.</P> <P>Polk County. The entire county.</P> <P>Pulaski County. The entire county.</P> <P>Putnam County. The entire county.</P> <P>Quitman County. The entire county.</P> <P>Randolph County. The entire county.</P> <P>Richmond County. The entire county.</P> <P>Rockdale County. The entire county.</P> <P>Schley County. The entire county.</P> <P>Screven County. The entire county.</P> <P>Seminole County. The entire county.</P> <P>Spalding County. The entire county.</P> <P>Stephens County. The entire county.</P> <P>Stewart County. The entire county.</P> <P>Sumter County. The entire county.</P> <P>Talbot County. The entire county.</P> <P>Taliaferro County. The entire county.</P> <P>Tattnall County. The entire county.</P> <P>Taylor County. The entire county.</P> <P>Telfair County. The entire county.</P> <P>Terrell County. The entire county.</P> <P>Thomas County. The entire county.</P> <P>Tift County. The entire county.</P> <P>Toombs County. The entire county.</P> <P>Treutlen County. The entire county.</P> <P>Troup County. The entire county.</P> <P>Turner County. The entire county.</P> <P>Twiggs County. The entire county.</P> <P>Upson County. The entire county.</P> <P>Walker County. The entire county.</P> <P>Walton County. The entire county.</P> <P>Ware County. The entire county.</P> <P>Warren County. The entire county.</P> <P>Washington County. The entire county.</P> <P>Wayne County. The entire county.</P> <P>Webster County. The entire county.</P> <P>Wheeler County. The entire county.</P> <P>White County. The entire county.</P> <P>Whitfield County. The entire county.</P> <P>Wilcox County. The entire county.</P> <P>Wilkes County. The entire county.</P> <P>Wilkinson County. The entire county.</P> <P>Worth County. The entire county.</P> <HD SOURCE="HD1">Louisiana</HD> <P>The entire State.</P> <HD SOURCE="HD1">Mississippi</HD> <P>The entire State.</P> <HD SOURCE="HD1">New Mexico</HD> <P>Dona Ana County. The entire county.</P> <HD SOURCE="HD1">North Carolina</HD> <P>Anson County. The entire county.</P> <P>Beaufort County. The entire county.</P> <P>Bertie County. That portion of the county bounded by a line beginning at the intersection of State Highway 11/42 and the Hertford/Bertie County line; then east along the Hertford/BertieCounty line to the Bertie/Chowan County line; then south along the Bertie/Chowan County line to the Bertie/Martin County line; then west along the Bertie/Martin County line to StateHighway 11/42; then north along State Highway 11/42 to the point of beginning.</P> <P>Bladen County. The entire county.</P> <P>Brunswick County. The entire county.</P> <P>Cabarrus County. That portion of the county bounded by a line beginning at the intersection of the Cabarrus/Mecklenburg County line and State Highway 73; then east along State Highway 73 to U.S. Highway 601 Business; then southeast along U.S. Highway 601 Business to State Highway 200; then southeast along State Highway 200 to the Cabarrus/Stanly County line; then south along the Cabarrus/Stanly County line to the Cabarrus/Union County line; then northwest along the Cabarrus/Union County line to the Cabarrus/Mecklenburg County line; then northwest along the Cabarrus/Mecklenburg County line to the point of beginning.</P> <P>Camden County. That portion of the county bounded by a line beginning at the intersection of State Road 1112 and State Highway 343; then east along State Highway 343 to State Road 1107; then south along State Road 1107 to the Camden/Pasquotank County line; then north along the Camden/Pasquotank County line to State Road 1112; then north along State Road 1112 to the point of beginning.</P> <P>Carteret County. The entire county.</P> <P>Chatham County. That portion of the county bounded by a line beginning at the <PRTPAGE P="91"/>intersection of the Chatham/Randolph County line and U.S. Highway 64; then east along U.S. Highway 64 to the Chatham/Wake County line; then south along the Chatham/Wake County line to the Chatham/Harnett County line; then south along the Chatham/Harnett County line to the Chatham/Lee County line; then west along the Chatham/Lee County line to the Chatham/MooreCounty line; then west along the Chatham/Moore County line to the Chatham/Randolph County line; then north along the Chatham/Randolph County line to the point of beginning.</P> <P>Chowan County. That portion of the county bounded by a line beginning at the intersection of the Chowan/Gates County line and State Highway 32; then south along State Highway 32 to State Highway 37; then east along State Highway 37 to the Chowan/Perquimans County line; then south along the Chowan/Perquimans County line to the shoreline of the Albemarle Sound; then west along the shoreline of the Albemarle Sound to the Chowan/BertieCounty line; then north along the Chowan/Bertie County line to the Chowan/Hertford County line; then north along the Chowan/Hertford County line to the Chowan/Gates County line; then east along the Chowan/Gates County line to the point of beginning.</P> <P>Columbus County. The entire county.</P> <P>Craven County. The entire county.</P> <P>Cumberland County. The entire county.</P> <P>Currituck County. That portion of the county bounded by a line beginning at the intersection of the Currituck/Camden County line and State Road 1112; then east along State Road 1112 to U.S. Highway 158; then south along U.S. Highway 158 to State Road 1111; then east along State Road 1111 to the shoreline of the Atlantic Ocean; then south along the shoreline of the Atlantic Ocean to the Currituck/Duck County line; then south and west along the Currituck/Duck County line to the Currituck/Camden County line; then north along the Currituck/Camden County line to the point of beginning.</P> <P>Dare County. The entire county, excluding the portion of the barrier islands south of Oregon Inlet.</P> <P>Duplin County. The entire county.</P> <P>Edgecombe County. That portion of the county bounded by a line beginning at the intersection of State Highway 33 and State Highway 111; then east along State Highway 111 to State Highway 142; then east along State Highway 142 to the Edgecombe/Martin County line; then south along the Edgecombe/Martin County line to the Edgecombe/Pitt County line; then west along the Edgecombe/Pitt County line to State Highway 33; then north along State Highway 33 to the point of beginning.</P> <P>Gaston County. That portion of the county bounded by a line beginning at the intersection of the Gaston/Cleveland County line and Interstate Highway 85; then north and east along Interstate Highway 85 to the Gaston/Mecklenburg County line; then south along the Gaston/Mecklenburg County line to the North Carolina/South Carolina State line; then west along the North Carolina/South Caroline State line to the Gaston/Cleveland County line; then north along the Gaston/Cleveland County line to the point of beginning.</P> <P>Greene County. The entire county.</P> <P>Hoke County. The entire county.</P> <P>Hyde County. The entire county.</P> <P>Jones County. The entire county.</P> <P>Lenoir County. The entire county.</P> <P>Martin County. That portion of the county bounded by a line beginning at the intersection of the Martin/Edgecombe County line and State Highway 142; then east along StateHighway 142 to State Highway 125; then north along State Highway 125 to State Road 1429; then east along State Road 1429 to the Martin/Bertie County line; then south along the Martin/Bertie County line to the Martin/Washington County line; then south along the Martin/Washington County line to the Martin/Beaufort County line; then west along the Martin/Beaufort County line to the Martin/Pitt County line; then north along the Martin/PittCounty line to the Martin/Edgecombe County line; then north along the Martin/EdgecombeCounty line to the point of beginning.</P> <P>Mecklenburg County. The entire county.</P> <P>Montgomery County. The entire county.</P> <P>Moore County. That portion of the county bounded by a line beginning at the intersection of the Moore/Chatham County line and State Highway 22; then south along State Highway 22 to State Highway 24/27; then east along State Highway 24/27 to State Road 1805 (Union Church Road); then southeast along State Road 1805 (Union Church Road) to U.S. Highway 1; then south along U.S. Highway 1 to State Road 1001 (Lobelia Road); then southeast along State Road 1001 (Lobelia Road) to the Moore/Cumberland County line; then north along the Moore/Cumberland County line to the Moore/Harnett County line; then north, west, and east along the Moore/Harnett County line to the Moore/Lee County line; then northwest along the Moore/Lee County line to the Moore/Chatham County line; then west along the Moore/Chatham County line to the point of beginning.</P> <P>New Hanover County. The entire county.</P> <P>Onslow County. The entire county.</P> <P>Pamlico County. The entire county.</P> <P>Pasquotank County. That portion of the county bounded by a line beginning at the intersection of the Pasquotank/Perquimans County line and U.S. Highway 17; then east alongU.S. Highway 17 to the Pasquotank/Camden County line; then south along the Pasquotank/Camden County line to the shoreline of the Albemarle Sound; then west along the shoreline of the Albemarle Sound <PRTPAGE P="92"/>to the Pasquotank/Perquimans County line; then north along the Pasquotank/Perquimans County line to the point of beginning.</P> <P>Pender County. The entire county.</P> <P>Perquimans County. That portion of the county bounded by a line beginning at the intersection of the Perquimans/Chowan County line and State Road 1118; then east along StateRoad 1118 to State Road 1200; then north along State Road 1200 to State Road 1213; then east along State Road 1213 to State Road 1214; then southeast along State Road 1214 to StateRoad 1221; then northeast along State Road 1221 to the Perquimans/Pasquotank County line; then south along the Perquimans/Pasquotank County line to the shoreline of the AlbemarleSound; then west along the shoreline of the Albemarle Sound to the Perquimans/Chowan County line; then north along the Perquimans/Chowan County line to the point of beginning.</P> <P>Pitt County. The entire county.</P> <P>Richmond County. The entire county.</P> <P>Robeson County. The entire county.</P> <P>Sampson County. That portion of the county bounded by a line beginning at the intersection of the Sampson/Cumberland County line and U.S. Highway 13; then northeast along U.S. Highway 13 to the Sampson/Wayne County line; then southeast along the Sampson/Wayne County line to the Sampson/Duplin County line; then south and east along the Sampson/Duplin County line to the Sampson/Pender County line; then southwest along the Sampson/Pender County line to the Sampson/Bladen County line; then northwest along the Sampson/Bladen County line to the Sampson/Cumberland County line; then northwest along the Sampson/Cumberland County line to the point of beginning.</P> <P>Scotland County. The entire county.</P> <P>Stanly County. That portion of the county bounded by a line beginning at the intersection of the Stanly/Cabarrus County line and State Highway 24/27; then east along State Highway 24/27 to the Stanly/Montgomery County line; then south along the Stanly/Montgomery County line to the Stanly/Anson County line; then west along the Stanly/Anson County line to the Stanly/Union County line; then west along the Stanly/Union County line to the Stanly/Cabarrus County line; then north along the Stanly/Cabarrus County line to the point of beginning.</P> <P>Tyrrell County. The entire county.</P> <P>Union County. The entire county.</P> <P>Wake County. That portion of the county bounded by a line beginning at the intersection of State Highway 55 and the Wake/Durham County line; then south along the Wake/DurhamCounty line to U.S. Highway 1; then north along U.S. Highway 1 to U.S. Highway 70; then north along U.S. Highway 70 to the Wake/Durham County line; then south and west along the Wake/Durham County line to the point of beginning.</P> <P>Washington County. The entire county.</P> <P>Wayne County. That portion of the county bounded by a line beginning at the intersection of the Wayne/Johnston County line and U.S. Highway 70; then east along U.S. Highway 70 to State Highway 111; then north along State Highway 111 to State Road 1572; then southeast along State Road 1572 to U.S. Highway 13; then east along U.S. Highway 13 to the Wayne/Greene County line; then south along the Wayne/Greene County line to the Wayne/Lenoir County line; then south along the Wayne/Lenoir County line to the Wayne/DuplinCounty line; then west along the Wayne/Duplin County line to the Wayne/Sampson County line; then west along the Wayne/Sampson County line to the Wayne/Johnston County line; then north along the Wayne/Johnston County line to the point of beginning.</P> <HD SOURCE="HD1">Oklahoma</HD> <P>Bryan County. The entire county.</P> <P>Carter County. The entire county.</P> <P>Choctaw County. The entire county.</P> <P>Comanche County. The entire county.</P> <P>Johnston County. The entire county.</P> <P>Love County. The entire county.</P> <P>Marshall County. The entire county.</P> <P>McCurtain County. The entire county.</P> <HD SOURCE="HD1">Puerto Rico</HD> <P>The entire State.</P> <HD SOURCE="HD1">South Carolina</HD> <P>Abbeville County. The entire county.</P> <P>Aiken County. The entire county.</P> <P>Allendale County. The entire county.</P> <P>Anderson County. That portion of the county bounded by a line beginning at the intersection of South Carolina Primary Highway 28 and the Pickens County/Anderson County line; then southeast along South Carolina Primary Highway 28 to its intersection with County Road 115; then southeast along County Road 115 to its intersection with County Road 29; then southeast along County Road 29 to its intersection with County Road 81; then south along County Road 81 to its intersection with South Carolina Highway 247; then east along this highway to its intersection with the eastern Anderson County line; then south, southwest, north and northeast along this county line to the point of beginning.</P> <P>Bamberg County. The entire county.</P> <P>Barnwell County. The entire county.</P> <P>Beaufort County. The entire county.</P> <P>Berkeley County. The entire county.</P> <P>Calhoun County. The entire county.</P> <P>Charleston County. The entire county.</P> <P>Cherokee County. That portion of the county bounded by a line beginning at the intersection of the Cherokee/Spartanburg <PRTPAGE P="93"/>County line and Interstate Highway 85; then north along Interstate Highway 85 to the South Carolina/North Carolina State line; then east along the South Carolina/North Carolina State line to the Cherokee/York County line; then south along the Cherokee/York County line to the Cherokee/Union County line; then northwest along the Cherokee/Union County line to the Cherokee/Spartanburg County line; then northwest along the Cherokee/Spartanburg County line to the point of beginning.</P> <P>Chester County. The entire county.</P> <P>Chesterfield County. The entire county.</P> <P>Clarendon County. The entire county.</P> <P>Colleton County. The entire county.</P> <P>Darlington County. The entire county.</P> <P>Dillon County. The entire county.</P> <P>Dorchester County. The entire county.</P> <P>Edgefield County. The entire county.</P> <P>Fairfield County. The entire county.</P> <P>Florence County. The entire county.</P> <P>Georgetown County. The entire county.</P> <P>Greenwood County. The entire county.</P> <P>Greenville County. That portion of the county bounded by a line beginning at the intersection of U.S. Highway 29 and the western Greenville County line; then east along U.S. Highway 29 to its intersection with the eastern Greenville County line; then south, southwest, and north along the eastern Greenville County line to the point of beginning.</P> <P>Hampton County. The entire county.</P> <P>Horry County. The entire county.</P> <P>Jasper County. The entire county.</P> <P>Kershaw County. The entire county.</P> <P>Lancaster County. The entire county.</P> <P>Laurens County. The entire county.</P> <P>Lee County. The entire county.</P> <P>Lexington County. The entire county.</P> <P>Marion County. The entire county.</P> <P>Marlboro County. The entire county.</P> <P>McCormick County. The entire county.</P> <P>Newberry County. The entire county.</P> <P>Oconee County. That portion of the county bounded by a line beginning at the intersection of the South Carolina/Georgia State line and U.S. Highway 123; then east along U.S. Highway 123 to U.S. Highway 76; then southeast along U.S. Highway 76 to State Highway 183; then northeast along State Highway 183 to Oconee County Road 107; then east along Oconee County Road 107 to State Highway 11; then north along State Highway 11 to State Highway 183; then east along State Highway 183 to the Oconee/Pickens County line; then south along the Oconee/Pickens County line to the Oconee/Anderson County line; then southwest along the Oconee/Anderson County line to the South Carolina/Georgia State line; then northwest along the South Carolina/Georgia State line to the point of beginning.</P> <P>Orangeburg County. The entire county.</P> <P>Pickens County. That portion of the county bounded by a line beginning at the intersection of the Pickens/Oconee County line and State Highway 183; then northeast along State Highway 183 to Pickens County Road 160; then southeast along Pickens County Road 160 to State Highway 133; then south along State Highway 133 to Pickens County Road 15; then southeast along Pickens County Road 15 to State Highway 93; then northeast along State Highway 93 to Pickens County Road 395; then east along Pickens County Road 395 to Pickens County Road 27; then south along Pickens County Road 27 to U.S. Highway 123; then northeast along U.S. Highway 123 to U.S. Highway 178; then south along U.S. Highway 178 to the Pickens/Anderson County line; then southwest along the Pickens/Anderson County line to the Pickens/Oconee County line; then north along the Pickens/Oconee County line to the point of beginning.</P> <P>Richland County. The entire county.</P> <P>Saluda County. The entire county.</P> <P>Spartanburg County. That portion of the county bounded by a line beginning at the intersection of the Spartanburg/Greenville County line and State Highway 357; then northeast along State Highway 357 to Spartanburg County Road 38; then east along Spartanburg County Road 38 to U.S. Highway 176; then southeast along U.S. Highway 176 to Spartanburg County Road 56; then east along Spartanburg County Road 56 to U.S. Highway 221; then northeast along U.S. Highway 221 to Spartanburg County Road 105; then southeast along Spartanburg County Road 105 to State Highway 110; then north along State Highway 110 to the Spartanburg/Cherokee County line; then south along the Spartanburg/Cherokee County line to the Spartanburg/Union County line; then southwest along the Spartanburg/Union County line to the Spartanburg/Laurens County line; then northwest along the Spartanburg/Laurens County line to the Spartanburg/Greenville County line; then northwest and north along the Spartanburg/Greenville County line to the point of beginning.</P> <P>Sumter County. The entire county.</P> <P>Union County. The entire county.</P> <P>Williamsburg County. The entire county.</P> <P>York County. The entire county.</P> <HD SOURCE="HD1">Tennessee</HD> <P>Bradley County. The entire county.</P> <P>Chester County. The entire county.</P> <P> <E T="03">Decatur County.</E> That portion of the county lying south of Interstate Highway 40.</P> <P>Fayette County. The entire county.</P> <P> <E T="03">Franklin County.</E> That portion of the county lying south and east of a line beginning at the intersection of State Highway 50 and the Moore/Franklin County line; then east along StateHighway 50 to U.S. Highway Alt. 41; then north and east along U.S. Highway Alt. 41 to the Franklin/Grundy/Marion County line.<PRTPAGE P="94"/> </P> <P> <E T="03">Giles County.</E> That portion of the county lying south of a line beginning at the intersection of State Highway 129 and the Giles/Marshall County line; then west along State Highway 129 to U.S. Highway 31; then west along an imaginary line to the Lawrence/Giles County line.</P> <P>Hamilton County. The entire county.</P> <P>Hardeman County. The entire county.</P> <P>Hardin County. The entire county.</P> <P> <E T="03">Haywood County.</E> That portion of the county lying south of Interstate Highway 40.</P> <P> <E T="03">Henderson County.</E> That portion of the county lying south of Interstate Highway 40.</P> <P>Lawrence County. The entire county.</P> <P> <E T="03">Lewis County.</E> The entire county.</P> <P> <E T="03">Lincoln County.</E> The entire county.</P> <P>Madison County. The entire county.</P> <P>Marion County. The entire county.</P> <P> <E T="03">Marshall County.</E> That portion of the county lying south of a line beginning at the intersection of State Highway 129 and the Giles/Marshall County line; then east along StateHighway 129 to U.S. Highway Alt. 31; then north along U.S. Highway Alt. 31 to State Highway 50; then southeast along State Highway 50 to the Marshall/Lincoln County line.</P> <P> <E T="03">Maury County.</E> That portion of the county lying south and west of a line beginning at the intersection of the Lewis/Maury County line and Mount Joy Road; then east along Mount JoyRoad to State Highway 243; then northeast along State Highway 243 to Dry Creek Road; then south along Dry Creek Road to the Maury/Lawrence County line.</P> <P>McMinn County. The entire county.</P> <P>McNairy County. The entire county.</P> <P>Meigs County. The entire county.</P> <P> <E T="03">Monroe County.</E> That portion of the county lying south of a line beginning at the intersection of the Loudon/Monroe County line and State Highway 68; then southeast along StateHighway 68 to U.S. Highway 411; then northeast along U.S. Highway 411 to the Monroe/Loudon County line; also the entire cities of Sweetwater, Madisonville, and Vonore, TN.</P> <P> <E T="03">Moore County.</E> That portion of the county lying south of State Highway 50.</P> <P>Perry County. That portion of the county lying south of latitude 35°45′.</P> <P>Polk County. The entire county.</P> <P>Rhea County. The entire county.</P> <P> <E T="03">Sequatchie County.</E> That portion of the county lying south of a line beginning at the intersection of the Grundy/Sequatchie County line and State Highway 399; then northeast along State Highway 399 to State Highway 8/111; then northeast along an imaginary line to the Sequatchie/Bledsoe County line.</P> <P>Shelby County. The entire county.</P> <P>Wayne County. The entire county.</P> <HD SOURCE="HD1">Texas</HD> <P>Anderson County. The entire county.</P> <P>Angelina County. The entire county.</P> <P>Aransas County. The entire county.</P> <P>Atascosa County. The entire county.</P> <P>Austin County. The entire county.</P> <P>Bandera County. The entire county.</P> <P>Bastrop County. The entire county.</P> <P>Bee County. The entire county.</P> <P>Bell County. The entire county.</P> <P>Bexar County. The entire county.</P> <P>Blanco County. The entire county.</P> <P>Bosque County. The entire county.</P> <P>Bowie County. The entire county.</P> <P>Brazoria County. The entire county.</P> <P>Brazos County. The entire county.</P> <P>Brooks County. The entire county.</P> <P>Brown County. The entire county.</P> <P>Burleson County. The entire county.</P> <P>Burnet County. The entire county.</P> <P>Caldwell County. The entire county.</P> <P>Calhoun County. The entire county.</P> <P>Cameron County. The entire county.</P> <P>Camp County. The entire county.</P> <P>Cass County. The entire county.</P> <P>Chambers County. The entire county.</P> <P>Cherokee County. The entire county.</P> <P>Collin County. The entire county.</P> <P>Colorado County. The entire county.</P> <P>Comal County. The entire county.</P> <P>Comanche County. The entire county.</P> <P>Cooke County. The entire county.</P> <P>Coryell County. The entire county.</P> <P>Dallas County. The entire county.</P> <P>Delta County. The entire county.</P> <P>Denton County. The entire county.</P> <P>De Witt County. The entire county.</P> <P>Dimmit County. The entire county.</P> <P>Duval County. The entire county.</P> <P>Eastland County. The entire county.</P> <P>Ector County. The entire county.</P> <P>Edwards County. The entire county.</P> <P>Ellis County. The entire county.</P> <P>Erath County. The entire county.</P> <P>Falls County. The entire county.</P> <P>Fannin County. The entire county.</P> <P>Fayette County. The entire county.</P> <P>Fort Bend County. The entire county.</P> <P>Franklin County. The entire county.</P> <P>Freestone County. The entire county.</P> <P>Frio County. The entire county.</P> <P>Galveston County. The entire county.</P> <P>Gillespie County. The entire county.</P> <P>Goliad County. The entire county.</P> <P>Gonzales County. The entire county.</P> <P>Grayson County. The entire county.</P> <P>Gregg County. The entire county.</P> <P>Grimes County. The entire county.</P> <P>Guadalupe County. The entire county.</P> <P>Hamilton County. The entire county.</P> <P>Hardin County. The entire county.</P> <P>Harris County. The entire county.</P> <P>Harrison County. The entire county.</P> <P>Hays County. The entire county.</P> <P>Henderson County. The entire county.</P> <P>Hidalgo County. The entire county.</P> <P>Hill County. The entire county.</P> <P>Hood County. The entire county.</P> <P>Hopkins County. The entire county.</P> <P>Houston County. The entire county.<PRTPAGE P="95"/> </P> <P>Hunt County. The entire county.</P> <P>Jack County. The entire county.</P> <P>Jackson County. The entire county.</P> <P>Jasper County. The entire county.</P> <P>Jefferson County. The entire county.</P> <P>Jim Wells County. The entire county.</P> <P>Johnson County. The entire county.</P> <P>Jones County. The entire county.</P> <P>Karnes County. The entire county.</P> <P>Kaufman County. The entire county.</P> <P>Kendall County. The entire county.</P> <P>Kenedy County. The entire county.</P> <P>Kerr County. The entire county.</P> <P>Kimble County. The entire county.</P> <P>Kinney County. The entire county.</P> <P>Kleberg County. The entire county.</P> <P>La Salle County. The entire county.</P> <P>Lamar County. The entire county.</P> <P>Lampasas County. The entire county.</P> <P>Lavaca County. The entire county.</P> <P>Lee County. The entire county.</P> <P>Leon County. The entire county.</P> <P>Liberty County. The entire county.</P> <P>Limestone County. The entire county.</P> <P>Live Oak County. The entire county.</P> <P>Llano County. The entire county.</P> <P>Madison County. The entire county.</P> <P>Marion County. The entire county.</P> <P>Mason County. The entire county.</P> <P>Matagorda County. The entire county.</P> <P>Maverick County. The entire county.</P> <P>McCulloch County. The entire county.</P> <P>McLennan County. The entire county.</P> <P>McMullen County. The entire county.</P> <P>Medina County. The entire county.</P> <P>Midland County. The entire county.</P> <P>Milam County. The entire county.</P> <P>Montague County. The entire county.</P> <P>Montgomery County. The entire county.</P> <P>Morris County. The entire county.</P> <P>Nacogdoches County. The entire county.</P> <P>Navarro County. The entire county.</P> <P>Newton County. The entire county.</P> <P>Nueces County. The entire county.</P> <P>Orange County. The entire county.</P> <P>Palo Pinto County. The entire county.</P> <P>Panola County. The entire county.</P> <P>Parker County. The entire county.</P> <P>Polk County. The entire county.</P> <P>Rains County. The entire county.</P> <P>Real County. The entire county.</P> <P>Red River County. The entire county.</P> <P>Refugio County. The entire county.</P> <P>Robertson County. The entire county.</P> <P>Rockwall County. The entire county.</P> <P>Rusk County. The entire county.</P> <P>Sabine County. The entire county.</P> <P>San Augustine County. The entire county.</P> <P>San Jacinto County. The entire county.</P> <P>San Patricio County. The entire county.</P> <P>San Saba County. The entire county.</P> <P>Shelby County. The entire county.</P> <P>Smith County. The entire county.</P> <P>Somervell County. The entire county.</P> <P>Stephens County. The entire county.</P> <P>Tarrant County. The entire county.</P> <P>Taylor County. The entire county.</P> <P>Titus County. The entire county.</P> <P>Tom Green County. The entire county.</P> <P>Travis County. The entire county.</P> <P>Trinity County. The entire county.</P> <P>Tyler County. The entire county.</P> <P>Upshur County. The entire county.</P> <P>Uvalde County. The entire county.</P> <P>Val Verde County. The entire county.</P> <P>Van Zandt County. The entire county.</P> <P>Victoria County. The entire county.</P> <P>Walker County. The entire county.</P> <P>Waller County. The entire county.</P> <P>Washington County. The entire county.</P> <P>Webb County. The entire county.</P> <P>Wharton County. The entire county.</P> <P>Wichita County. The entire county.</P> <P>Willacy County. The entire county.</P> <P>Williamson County. The entire county.</P> <P>Wilson County. The entire county.</P> <P>Wise County. The entire county.</P> <P>Wood County. The entire county.</P> <P>Young County. The entire county.</P> <P>Zavala County. The entire county.</P> </EXTRACT> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 3314, Jan. 21, 1994; 59 FR 6531, Feb. 11, 1994; 59 FR 22492, May 2, 1994; 60 FR 52832, Oct. 11, 1995; 61 FR 17551, Apr. 22, 1996; 63 FR 4152, Jan. 28, 1998; 63 FR 36156, July 2, 1998; 64 FR 27658, May 21, 1999; 64 FR 60334, Nov. 5, 1999; 65 FR 30339, May 11, 2000; 65 FR 66489, Nov. 6, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-4</SECTNO> <SUBJECT>Interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>(a) Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under the following conditions:</P> <P>(1) With a certificate or limited permit issued and attached in accordance with §§ 301.81-5 and 301.81-9 of this subpart;</P> <P>(2) Without a certificate or limited permit, provided that each of the following conditions is met:</P> <P>(i) The regulated article was moved into the quarantined area from an area that is not quarantined;</P> <P>(ii) The point of origin is indicated on a waybill accompanying the regulated article;</P> <P>(iii) The regulated article is moved through the quarantined area (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or parked in locations inaccessible to the imported fire ant, or in locations that have been treated in accordance with the methods and procedures prescribed in the Appendix to <PRTPAGE P="96"/>this subpart (“III. Regulatory Procedures”), while in or moving through any quarantined area; and</P> <P>(iv) The article has not been combined or commingled with other articles so as to lose its individual identity; or</P> <P>(3) Without a certificate or limited permit provided the regulated article is a soil sample being moved to a laboratory approved by the Administrator <SU>3</SU> <FTREF/> to process, test, or analyze soil samples.</P> <FTNT> <P> <SU>3</SU> Criteria that laboratories must meet to become approved to process, test, or analyze soil, and the list of currently approved laboratories, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) Inspectors are authorized to stop any person or means of conveyance moving in interstate commerce they have probable cause to believe is moving regulated articles, and to inspect the articles being moved and the means of conveyance. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with the methods and procedures prescribed in the Appendix to this subpart (“III. Regulatory Procedures”), or in accordance with the methods and procedures prescribed in the Plant Protection and Quarantine Treatment Manual. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.”</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0102)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-5</SECTNO> <SUBJECT>Issuance of a certificate or limited permit.</SUBJECT> <P>(a) An inspector <SU>4</SU> <FTREF/> or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article approved under such compliance agreement if he or she determines that the regulated article:</P> <FTNT> <P> <SU>4</SU> Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information on local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(1) Is eligible for unrestricted movement under all other applicable Federal domestic plant quarantines and regulations;</P> <P>(2) Is to be moved interstate in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; <SU>5</SU> <FTREF/> and</P> <FTNT> <P> <SU>5</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3)(i) Is free of an imported fire ant infestation, based on his or her visual examination of the article;</P> <P>(ii) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of the imported fire ant; or</P> <P>(iii) Has been treated in accordance with methods and procedures prescribed in the Appendix to this subpart (“III. Regulatory Procedures”).</P> <P>(b) An inspector will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if the inspector determines that the regulated article:</P> <P>(1) Is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the imported fire ant because the imported fire ant will be destroyed by the specified handling, utilization, or processing;</P> <P>(2) Is to be moved interstate in compliance with any conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; and<PRTPAGE P="97"/> </P> <P>(3) Is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) An inspector shall issue blank certificates to a person operating under a compliance agreement (in accordance with § 301.81-6 of this subpart) or authorize reproduction of the certificates on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) of this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-6</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <P>Persons who grow, handle, or move regulated articles interstate may enter into a compliance agreement <SU>6</SU> <FTREF/> if such persons review with an inspector each stipulation of the compliance agreement, have facilities and equipment to carry out disinfestation procedures or application of chemical materials in accordance with the “Imported Fire Ant Program Manual,” as set forth in the appendix to this subpart, and meet applicable State training and certification standards as authorized by the Federal Insecticide, Fungicide, and Rodenticide Act (86 Stat. 983; 7 U.S.C. 136b). Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <FTNT> <P> <SU>6</SU> Compliance agreements may be initiated by contacting a local office of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices of Plant Protection and Quarantine may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-7</SECTNO> <SUBJECT>Cancellation of a certificate, limited permit, or compliance agreement.</SUBJECT> <P>Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0102)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-8</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Persons requiring certification or other services must request the services from an inspector <SU>7</SU> <FTREF/> at least 48 hours before the services are needed.</P> <FTNT> <P> <SU>7</SU> See footnote 4 to § 301.81-5(a).</P> </FTNT> <P>(b) The regulated articles must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <PRTPAGE P="98"/> <SECTNO>§ 301.81-9</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) The consignor must ensure that the certificate or limited permit authorizing interstate movement of a regulated article is, at all times during interstate movement, attached to:</P> <P>(1) The outside of the container encasing the regulated article;</P> <P>(2) The article itself, if it is not in a container; or</P> <P>(3) The consignee's copy of the accompanying waybill: <E T="03">Provided,</E> that the descriptions of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and</P> <P>(b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the shipment's destination.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.81-10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The United States Department of Agriculture will not be responsible for any other costs or charges.</P> </SECTION> </SUBJGRP> <APPENDIX> <HD SOURCE="HED">Appendix to Subpart “Imported Fire Ant”</HD> <HD SOURCE="HD3">III. Regulatory Procedures</HD> <P>A. <E T="03">Instructions to Inspectors.</E> Inspectors must know and follow instructions in the PPQ Treatment Manual, the pesticide label, and exemptions (Section 18 or 24 (c) of FIFRA) for the treatment or other procedures used to authorize the movement of regulated articles. These will serve as a basis for explaining such procedures to persons interested in moving articles affected by the quarantine. Inspectors shall furnish completed information to anyone interested in moving regulated articles.</P> <P>If there are questions concerning a particular treatment, contact your supervisor.</P> <P>B. <E T="03">Authorized Chemicals.</E> The following chemicals are authorized for the treatment of regulated articles under the IFA quarantine:</P> <HD SOURCE="HD1">Insecticides</HD> <FP SOURCE="FP-1">Bifenthrin (Talstar <E T="51">®</E>)</FP> <FP SOURCE="FP-1">Chlorpyrifos (Dursban <E T="51">®</E>)</FP> <FP SOURCE="FP-1">Diazinon</FP> <FP SOURCE="FP-1">Fenoxycarb (AWARD <E T="51">®</E>)</FP> <FP SOURCE="FP-1">Hydramethylnon (AMDRO <E T="51">®</E>)</FP> <FP SOURCE="FP-1">Pyriproxyfen (Distance <E T="51">®</E>)</FP> <FP SOURCE="FP-1">Tefluthrin (FIREBAN <E T="51">®</E>)</FP> <P>C. <E T="03">Approved Treatments.</E> </P> <HD SOURCE="HD3">1. Equipment—Used Soil-Moving</HD> <P> <E T="03">Methods:</E> Used soil-moving equipment is eligible for movement when an inspector determines that one of the following procedures has been done:</P> <P>a. It has been brushed free of noncompacted soil;</P> <P>b. It has been washed free of noncompacted soil; or</P> <P>c. Noncompacted soil has been removed with air pressure equipment using compressors designed specifically for this purpose. Such compressors must provide free air delivery of no less than 30 cubic feet per minute at 200 pounds per square inch.</P> <P> <E T="03">Certification Period:</E> As long as kept free of noncompacted soil.</P> <P> <E T="03">Limitations:</E> Regardless of the type of cleaning equipment used, all debris and noncompacted soil must be removed unless it is steam-heated by a “steam jenny” to disinfest the articles. Used soil-moving equipment, such as bulldozers, dirt pans, motor graders, and draglines, are difficult to clean sufficiently to eliminate pest risk.</P> <P> <E T="03">Precaution:</E> Steam may remove loose paint and usually is not recommended for use on equipment with conveyor belts and rubber parts.</P> <HD SOURCE="HD3">2. Hay and Straw</HD> <P>Baled hay and straw stored in direct contact with the ground is ineligible for movement.</P> <HD SOURCE="HD3">3. Plants—Balled or in Containers</HD> <P>a. Emulsifiable chlorpyrifos.</P> <P> <E T="03">Material:</E> Emulsifiable chlorpyrifos—Immersion and drench treatments (post-harvest): any Environmental Protection Agency (EPA) registered formulation is acceptable.</P> <P> <E T="03">Dosage:</E> </P> <GPOTABLE CDEF="s10,xs90" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Chlorpyrifos formulation</CHED> <CHED H="1">Amount of formulation to make 100 gallons of treating solution</CHED> </BOXHD> <ROW> <ENT I="01">1 EC</ENT> <ENT>16 fl. oz. (472 ml).</ENT> </ROW> <ROW> <ENT I="01">2 EC</ENT> <ENT>8 fl. oz. (236 ml).</ENT> </ROW> <ROW> <ENT I="01">4 EC</ENT> <ENT>4 fl. oz. (118 ml).</ENT> </ROW> </GPOTABLE> <P> <E T="03">Exposure Period:</E> Plants can be certified immediately upon completion of treatment</P> <P> <E T="03">Certification Period:</E> 30 days.</P> <P> <E T="03">Precautions:</E> Dwarf yaupon may show phytotoxicity to chlorpyrifos.</P> <P>b. Bifenthrin.</P> <P>(i) Bifenthrin: Drench and Topical Applications.</P> <P> <E T="03">Material:</E> Bifenthrin—drench of containerized nursery stock or topical application to <PRTPAGE P="99"/>3- or 4-quart containerized nursery stock followed by irrigation with water.</P> <P> <E T="03">Dosage:</E> Dosage rate is 25 ppm. The amount of formulation needed to achieve 25 ppm varies with the bulk density of the soil or potting media. Follow label directions to calculate the amount of formulation needed to achieve 25 ppm.</P> <P> <E T="03">Exposure period:</E> Containerized nursery stock can be certified immediately upon completion of the treatment.</P> <P> <E T="03">Certification period:</E> 180 days.</P> <P>(ii) Bifenthrin: Granular Formulation</P> <P> <E T="03">Material:</E> Granular bifenthrin—incorporation into soil or potting media for containerized nursery stock.</P> <P> <E T="03">Dosage:</E> The amount of granular bifenthrin needed to achieve a specified dosage varies with the bulk density of the soil or potting media. Follow label directions to calculate the amount needed to achieve a specified dosage.</P> <GPOTABLE CDEF="s25,xs58" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Granular Bifenthrin Dosage (parts per million)</CHED> <CHED H="1"> Certification Period (months after treatment)</CHED> </BOXHD> <ROW> <ENT I="01">10 ppm</ENT> <ENT>0-6 months.</ENT> </ROW> <ROW> <ENT I="01">12 ppm</ENT> <ENT>0-12 months.</ENT> </ROW> <ROW> <ENT I="01">15 ppm</ENT> <ENT>0-24 months.</ENT> </ROW> <ROW> <ENT I="01">25 ppm</ENT> <ENT>Continuous.</ENT> </ROW> </GPOTABLE> <P> <E T="03">Exposure Period:</E> Containerized nursery stock can be certified immediately upon completion of the treatment.</P> <P>c. Tefluthrin: Granular Formulation.</P> <P> <E T="03">Material:</E> Granular tefluthrin—incorporation into soil or potting media for containerized nursery stock.</P> <P> <E T="03">Dosage:</E> The amount of granular tefluthrin needed to achieve a specified dosage varies with the bulk density of the soil or potting media. Follow label directions to calculate the amount of granular tefluthrin needed to achieve a specified dosage.</P> <GPOTABLE CDEF="s50,xs56" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Granular tefluthrin dosage (parts per million)</CHED> <CHED H="1">Certification period (months after treatment)</CHED> </BOXHD> <ROW> <ENT I="01">10 ppm</ENT> <ENT>0-18 months.</ENT> </ROW> <ROW> <ENT I="01">25 ppm</ENT> <ENT>Continuous.</ENT> </ROW> </GPOTABLE> <P> <E T="03">Exposure period:</E> Containerized nursery stock can be certified for interstate movement from quarantined areas immediately upon completion of the treatment.</P> <P>d. General requirements for emulsifiable chlorpyrifos, bifenthrin, or tefluthrin.</P> <P> <E T="03">Conditions and Type of Soil:</E> Any friable soil may be treated.</P> <HD SOURCE="HD3">Method A—Immersion</HD> <HD SOURCE="HD2">Equipment</HD> <P>1. A watertight container for mixing the treating solutions.</P> <P>2. Open-top, watertight container sufficiently large to accommodate the treating solution and plants.</P> <P> <E T="03">Procedure:</E> Locate immersion tank in well-ventilated place. Do not remove burlap wrap or plastic containers with drain holes prior to immersion Immerse soil balls and containers, singly or in groups, so that soil is completely covered by solution. Plants must remain in solution until bubbling ceases. Plant balls should have space between them when grouped in trays, baskets, or other dipping containers. After removal from dip, plants may be set on drainboard until adequately drained.</P> <P> <E T="03">Thorough saturation of the plant balls or containers with the insecticide solution is essential.</E> </P> <P>As treating progresses, freshly prepared treating mixture should be added to maintain liquid at immersion depth. Dispose of tank contents 8 hours after mixing. Clean tank before recharging. Disposal must comply with State and local regulations.</P> <P> <E T="03">Precautions:</E> Runoff of the solution from the treatment area should not be permitted. Excess solution (and used solution) must be disposed of in accordance with State and local regulations.</P> <HD SOURCE="HD3">Method B—Drench</HD> <HD SOURCE="HD2">Equipment</HD> <P>1. A large-capacity bulk mixing tank, either pressurized or gravity-flow for mixing and holding the insecticide solution.</P> <P>2. Properly equipped hoses and watering nozzles that can be attached to the mixing tank and used to thoroughly saturate the plant balls with the insecticide solution.</P> <HD SOURCE="HD2">Procedure</HD> <P>1. Plants Balled with Burlap—Apply the chlorpyrifos solution as a substitute for plain water to the plants during the routine watering activities. Do not remove burlap wrap from plants prior to treatment. Treat plants singly or in groups with the chlorpyrifos solution to the point of runoff on a twice daily schedule for 3 consectutive days.</P> <P>The above treatment should be carried out in a well-ventilated place normally used to maintain plants prior to shipment. The treatment will be enhanced by adding any agricultural wetting agent such as Ortho-77<E T="04">#</E>, Tronic<E T="04">#</E>, Tecowet<E T="04">#</E>, etc., to the chlorpyrifos solution at the labeled rate (usually <FR>1/2</FR> pint per 100 gallons of water).</P> <P>2. Containerized Plants—Apply the bifenthrin or chlorpyrifos solution to the point of saturation one time only. The volume of the treating solution must be at least <FR>1/5</FR> (20%) of the volume of the container.</P> <P> <E T="03">Precautions:</E> Thorough saturation of the plant balls or containers with the insecticide solution is essential. Runoff of the solution <PRTPAGE P="100"/>from the treatment area should not be permitted. Excess solution (and used solution) must be disposed of in accordance with State and local regulations.</P> <HD SOURCE="HD3">Method C—Topical Application</HD> <P>Apply bifenthrin according to the label instructions for topical application. The method may be used only with nursery stock in 3- and 4-quart containers. Penetration of the pesticide in larger containers does not provide sufficient residual activity.</P> <P>Irrigate all treated containers with 1.5 inches of water following application.</P> <P> <E T="03">Precautions:</E> Runoff of the solution from the treatment area should not be permitted. Excess solution (and used solution) must be disposed of in accordance with State and local regulations.</P> <P>Manufacture of the 10WP (wettable powder) formulation was discontinued in 1998; however, the EPA will allow this product to be utilized until supplies are exhausted.</P> <HD SOURCE="HD3">Method D—Granular Incorporation (Bifenthrin)</HD> <P>Apply bifenthrin according to the label instructions for granular incorporation. Mix thoroughly to distribute product evenly throughout the soil or potting media. After potting, containers must be watered to the point of saturation.</P> <P> <E T="03">Precautions:</E> Saturation of the soil or potting media with the granular bifenthrin is essential. Water that drains from the treatment area, which may contain bifenthrin, must be disposed of in accordance with State and local laws.</P> <HD SOURCE="HD3">Method E—Granular Incorporation (Tefluthrin)</HD> <P>Apply tefluthrin according to the label directions for granular incorporation. Mix thoroughly to distribute the granular tefluthrin evenly throughout the soil or potting media. After potting, containers must be watered to the point of saturation.</P> <P> <E T="03">Precautions:</E> Saturation of the soil or potting media with the tefluthrin is essential. Water that drains from the treatment area, which may contain tefluthrin, must be disposed of in accordance with State and local laws.</P> <HD SOURCE="HD3">4. Imported-Fire-Ant-Free Nursery—Containerized Plants Only</HD> <P>This detection, control, exclusion, and enforcement program is designed to keep nurseries free of the imported fire ant and provides a basis to certify containerized nursery stock for interstate movement.</P> <P>Participating regulated establishments must be operating under a compliance agreement. Such compliance agreements shall state the specific requirements that a shipper agrees to follow to move plants in accordance with the requirements of the program. Certificates and a nursery identification number may be issued to the nursery for use on shipments of regulated articles.</P> <HD SOURCE="HD2">Detection</HD> <P>A successful treatment program depends upon early detection of imported fire ant colonies. Nursery owners are required to survey visually their entire premises twice monthly for the presence of imported fire ants.</P> <P>Nurseries participating in this program will be inspected by Federal or State inspectors at least twice per year. More frequent inspections may be necessary depending upon imported fire ant infestation levels immediately surrounding the nursery, the thoroughness of nursery management in maintaining imported-fire-ant-free premises, and the number of previous detections of imported fire ants in or near containerized plants. Inspections by Federal and State inspectors should be more frequent just before and during the peak shipping season. Any nurseries determined during nursery inspections to have imported fire ant colonies must be immediately treated to the extent necessary to eliminate the colonies.</P> <HD SOURCE="HD2">Control</HD> <P>Nursery plants that are shipped under this program must originate in a nursery free of imported fire ant. Nursery owners must implement a treatment program with registered bait and contact insecticides. The premises, including growing and holding areas, must be maintained free of the imported fire ant. As part of this treatment program, all exposed soil surfaces (including sod and mulched areas) on property where plants are grown, potted, stored, handled, loaded, unloaded, or sold must be treated with a broadcast application of hydramethylnon (AMDRO<E T="04">#</E>), fenoxycarb (AWARD<E T="04">#</E>), or pyriproxyfen (Distance<E T="04">#</E>) baits at least once every six months. The first application is more effective when applied early in the spring. An early spring bait application provides control before alate queens are produced or have time to establish new colonies. Follow label directions for use.</P> <P>When properly used, baits are between 80 percent and 90 percent effective. Follow-up treatments with a contact insecticide must be applied to eliminate all remaining colonies. Mound drench treatments with a registered formulation of chlorpyrifos or diazinon are approved. Follow label directions for use.</P> <HD SOURCE="HD2">Exclusion</HD> <FP> <E T="03">Bifenthrin</E> </FP> <P>For plants grown on the premises: Treatment of potting media with granular, <PRTPAGE P="101"/>flowable, or wettable powder formulation of bifenthrin prior to planting is required. This treatment reduces the risk of infestation of containers by alate queens flying in from adjacent or nearby infested premises. The dosage rate for granular bifenthrin is variable and is determined by the certification period selected; for flowable bifenthrin it is 25 ppm; for wettable powder it is 25 ppm.</P> <P>Apply this treatment according to the label instructions.</P> <P>Mixing must be adequate to blend the required dosage of pesticide throughout the entire potting soil mixture.</P> <P>For plants received from outside sources: To prevent the spread into a nursery free of the imported fire ant by newly introduced, infested nursery plants, all plants must be:</P> <P>(a) Obtained from nurseries free of imported fire ant that are certified under a compliance agreement; or</P> <P>(b) Treated with bifenthrin drench upon delivery in accordance with this appendix (III.C.3.b), and within 180 days be either:</P> <P>(1) Repotted in treated potting soil media,</P> <P>(2) Retreated with bifenthrin drench, immersion, or topical application (III.C.3.b) at 180-day intervals, or</P> <P>(3) Shipped.</P> <FP> <E T="03">Tefluthrin</E> </FP> <P>For plants grown on the premises: Treatment of soil or potting media with granular, flowable, tefluthrin prior to planting is permitted as an alternative to treatment with granular or wettable powder formulation of bifenthrin. This treatment reduces the risk of infestation of containers by alate queens flying in from adjacent or nearby infested premises. The dosage rate is variable, determined by the selected certification period, for the granular tefluthrin.</P> <P>Apply this treatment according to the label directions.</P> <P>Mixing must be adequate to blend the required dosage of granular tefluthrin throughout the entire soil or potting media.</P> <HD SOURCE="HD2">Enforcement</HD> <P>The nursery owner shall maintain records of the nursery's surveys and treatments for the imported fire ant. These records shall be made available to State and Federal inspectors upon request.</P> <P>If imported fire ants are detected in nursery stock during an inspection by a Federal or State inspector, issuance of certificates for movement shall be suspended until necessary treatments are applied and the plants and nursery premises are determined to be free of the imported fire ant. A Federal or State inspector may declare a nursery to be free of the imported fire ant upon reinspection of the premises. This inspection must be conducted no sooner than 30 days after treatment to ensure its effectiveness. During this period, certification may be based upon the drench or immersion treatment provided in paragraph III.C.3. of this appendix, titled “Plants—Balled or in Containers.”</P> <P>Upon notification by the department of agriculture in any State of destination that a confirmed imported fire ant infestation was found on a shipment from a nursery considered free of the imported fire ant, the department of agriculture in the State of origin shall cease its certification of shipments from that nursery. An investigation by Federal or State inspectors will commence immediately to determine the probable source of the problem and to ensure that the problem is resolved. If the problem is an infestation, issuance of certification for movement on the basis of imported-fire-ant-free premises will be suspended until treatment and elimination of the infestation is completed. Reinstatement into the program will be granted upon determination that the nursery premises are free of the imported fire ant, and that all other provisions of this subpart are being followed.</P> <P>In cases where the issuance of certificates is suspended through oral notification, the suspension and the reasons for the suspension will be confirmed in writing within 20 days of the oral notification of the suspension. Any person whose issuance of certificates has been suspended may appeal the decision, in writing, within 10 days after receiving the written suspension notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.</P> <P>Violations of the quarantine shall be investigated by Federal or State inspectors and appropriate penalties will be assessed to discourage further violations.</P> <P>This imported-fire-ant-free nursery program is not mandatory for movement of regulated articles. Plants, balled or in containers, may otherwise be certified for movement using the chlorpyrifos, bifenthrin, or tefluthrin treatments described in paragraph III.C.3 of this appendix, titled “Plants, Balled or in Containers.” However, certification for movement under the imported-fire-ant-free nursery program will be granted only if all of the provisions of this subpart are followed.</P> <P> <E T="03">Certification Period:</E> Continuous as long as all provisions of the imported-fire-ant-free nursery program are followed.</P> <HD SOURCE="HD3">5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)</HD> <P> <E T="03">Material:</E> Chlorpyrifos used in combination with fenoxycarb (AWARD <E T="51">®</E>), hydramethylnon (AMDRO <E T="51">®</E>), or pyriproxyfen (Distance <E T="51">®</E>) fire ant bait.<PRTPAGE P="102"/> </P> <P> <E T="03">Dosage:</E> Fenoxycarb (AWARD <E T="51">®</E>), hydramethylnon (AMDRO <E T="51">®</E>), or pyriproxyfen (Distance <E T="51">®</E>) at 1.0-1.5 lb (0.45-0.68 kg) bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg) a.i./acre.</P> <P> <E T="03">Method:</E> Apply fenoxycarb (AWARD<E T="04">#</E>), hydramethylnon (AMDRO<E T="04">#</E>), or pyriproxyfen (Distance<E T="04">#</E>) only when ants are actively foraging (follow EPA-approved label directions for use). Broadcast application with any type of equipment that can be calibrated to deliver 1.0-1.5 lb (0.45-0.68 kg) of bait per acre. Three to five days after the fenoxycarb (AWARD<E T="04">#</E>), hydramethylnon (AMDRO<E T="04">#</E>), or pyriproxyfen (Distance<E T="04">#</E>) application, apply chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per acre. Treatment area must extend at least 10 feet beyond the base of all plants that are to be certified.</P> <P> <E T="03">Exposure Period:</E> 30 days. Plants can be certified 30 days after treatment.</P> <P> <E T="03">Certification Period:</E> 12 weeks.</P> <P> <E T="03">Special Information:</E> This in-field treatment is based on a sequential application of fenoxycarb (AWARD<E T="04">#</E>), hydramethylnon (AMDRO<E T="04">#</E>), or pyriproxyfen (Distance<E T="04">#</E>) followed by chlorpyrifos. The combination treatment is necessary since broadcast application of chlorpyrifos (or other short-term residual insecticides) usually does not eliminate large, mature IFA colonies, and no bait, including fenoxycarb (AWARD<E T="04">#</E>) or hydramethylnon (AMDRO<E T="04">#</E>), is capable of providing a residual barrier against reinfestation by new queens. Therefore, the fenoxycarb (AWARD<E T="04">#</E>) hydramethylnon (AMDRO<E T="04">#</E>), or pyriproxyfen (Distance<E T="04">#</E>) application will drastically reduce the IFA population while chlorpyrifos, applied approximately 5 days later, will destroy any remaining weakened colonies and also leave a residual barrier against reinfestation by new queens for at least 12 weeks.</P> <HD SOURCE="HD3">6. Blueberries and Other Fruit and Nut Nursery Stocks</HD> <P>Certain States have special local need labeling in accordance with section 24(c) of FIFRA for D-z-n<E T="04">#</E> Diazinon AG-500 and D-z-n<E T="04">#</E> Diazinon 50W, which APHIS will recognize as a regulatory treatment for containerized nonbearing blueberries and fruit and nut plants. Follow label directions for use.</P> <HD SOURCE="HD3">7. Plants—Greenhouse Grown</HD> <P>Greenhouse grown plants are certifiable without treatment if the inspector determines that the greenhouse is constructed of fiberglass, glass, or plastic in such a way that IFA is physically excluded and cannot become established within the enclosure. No other treatment of the plants will be necessary if they are not exposed to infestation.</P> <HD SOURCE="HD3">8. Grass—Sod</HD> <HD SOURCE="HD2">Material</HD> <P>Chlorpyrifos.</P> <GPOTABLE CDEF="s75,r100,r100" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Material</CHED> <CHED H="1">Amount and dosage of material</CHED> <CHED H="1">Certification period</CHED> </BOXHD> <ROW> <ENT I="01">Chlorpyrifos</ENT> <ENT>4.0 lb (1.8 kg) a.i./acre</ENT> <ENT>4 weeks (after exposure period has been completed).</ENT> </ROW> <ROW> <ENT I="01">Chlorpyrifos</ENT> <ENT>6.0 lb (2.7 kg) a.i./acre</ENT> <ENT>10 weeks (after exposure period has been completed).</ENT> </ROW> </GPOTABLE> <P> <E T="03">Exposure Period:</E> 48 hours.</P> <HD SOURCE="HD2">Method</HD> <P>1. Apply a single broadcast application of chlorpyrifos with ground equipment.</P> <P>2. Immediately after treatment, water the treated areas with at least <FR>1/2</FR> inch of water.</P> <P>Chlorpyrifos wettable powder Dursban<E T="04">#</E> 50-WP: Follow label directions for regulatory treatment for IFA.</P> <HD SOURCE="HD3">9. Soil—Bulk</HD> <P> <E T="03">Method:</E> Bulk soil is eligible for movement when heated either by dry or steam heat after all parts of the mass have been brought to the required temperature.</P> <P> <E T="03">Temperature:</E> 150 °F (65.5 °C).</P> <P> <E T="03">Certification Period:</E> As long as protected from recontamination.</P> <HD SOURCE="HD3">10. Soil Samples</HD> <P>Soil samples are eligible for movement when heated or frozen as follows:</P> <HD SOURCE="HD3">Heat</HD> <P> <E T="03">Method:</E> Soil samples are heated either by dry heat or steam heat. All parts of the mass must be brought to the required temperature.</P> <P> <E T="03">Temperature:</E> 150 °F (65.5 °C).</P> <P> <E T="03">Certification Period:</E> As long as protected from recontamination.</P> <HD SOURCE="HD3">Cold</HD> <P> <E T="03">Method:</E> Soil samples are frozen in any commercial cold storage, frozen food locker, or home freezer capable of rapidly reducing to and maintaining required temperature. Soil samples will be placed in containers, such as plastic bags—one sample per bag. The containers will be arranged in the freezer in a manner to allow the soil samples to freeze in the fastest possible time. If desired, the frozen samples may be shipped in one carton.</P> <P> <E T="03">Temperature:</E> −10° to −20 °F (−23° to −29 °C) for at least 24 hours.<PRTPAGE P="103"/> </P> <P> <E T="03">Certification Period:</E> As long as protected from recontamination.</P> <P>D. <E T="03">Mitigative Measures</E>. The following measures are required to minimize impact on the environment and human health. Any person requesting certification to authorize the movement of regulated articles must adhere to these measures where applicable.</P> <P>1. All applicable Federal, State, and local environmental laws and regulations must be followed.</P> <P>2. Safety equipment and clothing, as specified by the label instructions, must be used and worn during treatments and during inspections.</P> <P>3. Safety practices shall be communicated, and regulated establishment managers must require that on-the-job safety practices be followed.</P> <P>4. All pesticides must be applied, handled, stored, and used in accordance with label instructions.</P> <P>5. Empty pesticide containers must be disposed of in accordance with Federal and State regulations.</P> <P>6. Pesticide remaining in containers after completion of an application must be retained and disposed of in accordance with label instructions and Federal and State regulations.</P> <P>7. Oral or written warning must be provided to workers and the general public, indicating pesticide application areas during application and appropriate reentry periods.</P> <P>8. Owners/managers of regulated properties must take precautions to limit access by the public, livestock, and wildlife to treated areas.</P> <P>9. Accidental spill or water runoff of liquid or granular pesticides leading to potential contamination of ground and surface waters must be minimized by appropriate operating procedures. Catchment facilities (temporary or permanent) adequate to prevent contamination of ground and surface water are necessary in loading areas where liquid drenches and immersions are applied.</P> <P>10. An environmental monitoring plan, including monitoring procedures, must be implemented by APHIS. Monitoring must be conducted to determine if additional mitigative measures are necessary.</P> <CITA>[57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59 FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June 5, 1997; 64 FR 27659, May 21, 1999; 64 FR 57970, Oct. 28, 1999; 64 FR 60334, Nov. 5, 1999; 65 FR 30341, May 11, 2000]</CITA> </APPENDIX> </SUBPART> <SUBPART> <RESERVED>Subpart—Unshu Oranges[Reserved]</RESERVED> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Golden Nematode</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>37 FR 24330, Nov. 16, 1972, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.85</SECTNO> <SUBJECT>Quarantine; restriction on interstate movement of specified regulated articles.</SUBJECT> <P>(a) <E T="03">Notice of quarantine.</E> Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines the State of New York in order to prevent the spread of the golden nematode (<E T="03">Heterodera rostochiensis</E>), which causes a dangerous disease of potatoes and certain other plants and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the State of New York with respect to the interstate movement from that State of the articles described in paragraph (b) of this section, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action.</P> <P>(b) <E T="03">Quarantine restrictions on interstate movement of specified regulated articles.</E> No common carrier or other person shall move interstate from any quarantined State any of the following articles (defined in § 301.85-1(q) as regulated articles), except in accordance with the conditions prescribed in this subpart:</P> <P>(1) Soil, compost, humus, muck, peat, and decomposed manure, separately or with other things.</P> <P>(2) Plants with roots, except soil-free aquatic plants.</P> <P>(3) Grass sod.</P> <P>(4) Plant crowns and roots for propagation.</P> <P>(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.</P> <P>(6) Irish potatoes included within any one or more of the following paragraph (b)(6)(i), (ii), or (iii) of this section:</P> <P>(i) Irish potatoes for seed; and</P> <P>(ii) Irish potatoes unless—</P> <P>(A) Each is at least 1<FR>1/2</FR> inches in diameter based on measurement by a sizing screen or sizing chain, each is substantially free of soil as a result of <PRTPAGE P="104"/>grading (a method of removing soil mechanically) under a compliance agreement in accordance with § 301.85-5(b), and they are moved in an approved container; or</P> <P>(B) Each is substantially free of soil as a result of washing or fluming under a compliance agreement in accordance with § 301.85-5(b), and they are moved in an approved container; or</P> <P>(iii) Irish potatoes harvested from a field tested and found by an inspector to contain an identifiable population of viable golden nematodes, unless such field had been subsequently treated in accordance with paragraph (b)(6)(ii) (A), (B), or (C) of this section under the supervision of an inspector and in accordance with any additional conditions found necessary by the inspector to assure effective application of the pesticide used; and unless headlands and farm roads are treated in accordance with paragraph (b)(6)(iii)(D) of this section:</P> <P>(A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 80 percent; plus methyl isothiocyanate, 20 percent active ingredients) per hectare (15 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist; soil to be from 3 °C to 29 °C (38 °F to 84 °F).</P> <P>(B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 100 percent active ingredients) per hectare (30 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 29 °C (40 °F to 84 °F).</P> <P>(C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 92 percent active ingredient) per hectare (18 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F).</P> <P>(D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7 percent active ingredient) mixed with water at the rate of 1 part Vapam to 60 parts water and applied as a drench at the rate of 14.96 cubic meters per hectare (1600 gallons per acre); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F).</P> <P>(7) Root crops other than Irish potatoes.</P> <P>(8) Small grains and soybeans.</P> <P>(9) Hay, straw, fodder, and plant litter, of any kind.</P> <P>(10) Ear corn, except shucked ear corn.</P> <P>(11) Used crates, boxes, and burlap bags, and other used farm products containers.</P> <P>(12) Used farm tools.</P> <P>(13) Used mechanized cultivating equipment and used harvesting equipment.</P> <P>(14) Used mechanized soil-moving equipment.</P> <P>(15) Any other products, articles, or means of conveyance of any character whatsoever, not covered by paragraphs (b) (1) through (14) of this section, when it is determined by an inspector that they present a hazard of spread of golden nematode, and the person in possession thereof has been so notified.</P> <CITA>[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed respectively to mean:</P> <P> <E T="03">Certificate.</E> A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and <PRTPAGE P="105"/>Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said service to whom authority to act in his stead has been or may hereafter be delegated.</P> <P> <E T="03">Farm tools.</E> An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws.</P> <P> <E T="03">Generally infested area.</E> Any part of a regulated area not designated as a suppressive area in accordance with § 301.85-2.</P> <P> <E T="03">Golden nematode.</E> The nematode known as the golden nematode (<E T="03">Heterodera rostochiensis</E>), in any stage of development.</P> <P> <E T="03">Infestation.</E> The presence of the golden nematode or the existence of circumstances that make it reasonable to believe that the golden nematode is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the Quarantine and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited handling, utilization or processing or for treatment.</P> <P> <E T="03">Mechanized cultivating equipment; and mechanized harvesting equipment.</E> Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., combines, potato conveyors, and harvesters and hay balers.</P> <P> <E T="03">Mechanized soil-moving equipment.</E> Equipment used for moving or transporting soil, e.g., draglines, bulldozers, dump trucks, road scrapers, etc.</P> <P> <E T="03">Moved (movement, move).</E> Shipped, deposited for transmission in the mail, otherwise offered for shipment, received for transportation, carried, or otherwise transported, or moved, or allowed to be moved, by mail or otherwise. “Movement” and “move” shall be construed in accordance with this definition.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. </P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Regulated area.</E> Any quarantined State, or any portion thereof, listed as a regulated area in § 301-85-2a, or otherwise designated as a regulated area in accordance with § 301.85-2(b).</P> <P> <E T="03">Regulated article.</E> Any articles as described in § 301.85(b).</P> <P> <E T="03">Restricted destination permit.</E> A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.</P> <P> <E T="03">Scientific permit.</E> A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.</P> <P> <E T="03">Soil.</E> That part of the upper layer of earth in which plants can grow.</P> <P> <E T="03">State.</E> Any State, territory, or district of the United States, including Puerto Rico.</P> <P> <E T="03">Suppressive area.</E> That portion of a regulated area where eradication of infestation is undertaken as an objective, as designated under § 301.85-2(a).</P> <P> <E T="03">Treatment manual.</E> The provisions currently contained in the “Manual of <PRTPAGE P="106"/>Administratively Authorized Procedures to be Used Under the Golden Nematode Quarantine” and the “Fumigation Procedures Manual.” <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Pamphlets containing such provisions are available upon request to the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector.</P> </FTNT> <CITA>[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-2</SECTNO> <SUBJECT>Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.</SUBJECT> <P>(a) <E T="03">Regulated areas and suppressive or generally infested areas.</E> The Deputy Administrator shall list as regulated areas, in a supplemental regulation designated as § 301.85-2a, each quarantined State; or each portion thereof in which golden nematode has been found or in which there is reason to believe that golden nematode is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area or a generally infested area in accordance with the definitions thereof in § 301.85-1. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of the golden nematode.</P> <P>(b) <E T="03">Temporary designation of regulated areas and suppressive or generally infested areas.</E> The Deputy Administrator or an authorized inspector may temporarily designate any other premises in a quarantined State as a regulated area and a suppressive or generally infested area, in accordance with the criteria specified in paragraph (a) of this section for listing such area, by serving written notice thereof on the owner or person in possession of such premises, and thereafter the interstate movement of regulated articles from such premises by any person having notice of the designation shall be subject to the applicable provisions of this subpart. As soon as practicable, such premises shall be added to the list in § 301.85-2a if a basis then exists for their designation; otherwise the designation shall be terminated by the Deputy Administrator or an authorized inspector and notice thereof shall be given to the owner or person in possession of the premises.</P> <P>(c) <E T="03">Termination of designation as a regulated area and a suppressive or generally infested area.</E> The Deputy Administrator shall terminate the designation provided for under paragraph (a) of this section of any area listed as a regulated area and suppressive or generally infested area when he determines that such designation is no longer required under the criteria specified in paragraph (a) of this section.</P> <P>(d) <E T="03">Exemption of articles from certification, permit, or other requirements.</E> The Deputy Administrator may, in a supplemental regulation designated as § 301.85-2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he may prescribe, if he finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.</P> </SECTION> <SECTION> <SECTNO>§ 301.85-2a</SECTNO> <SUBJECT>Regulated areas; suppressive and generally infested areas.</SUBJECT> <P>The civil divisions and parts of civil divisions described below are designated as golden nematode regulated <PRTPAGE P="107"/>areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below:</P> <EXTRACT> <HD SOURCE="HD1">New York</HD> <P>(1) <E T="03">Generally infested area:</E> </P> <P> <E T="03">Cayuga County.</E> The town of Montezuma.</P> <P> <E T="03">Genesee County.</E> The towns of Elba and Byron.</P> <P> <E T="03">Livingston County.</E> The towns of Avon, Caledonia, Geneseo, Groveland, Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.</P> <P> <E T="03">Nassau County.</E> The entire county.</P> <P> <E T="03">Orleans County.</E> The towns of Barre and Clarendon.</P> <P> <E T="03">Seneca County.</E> The town of Tyre.</P> <P> <E T="03">Steuben County.</E> The towns of Prattsburg and Wheeler; that area known as “Arkport Muck” located in the town of Dansville and bounded by a line beginning at a point where the Conrail right-of-way (Erie Lackawanna Rail Road) intersects County Road 52 (known as Burns Road), then north and northeast along County Road 52 to its junction with New York Route 36, then south and southeast along New York Route 36 to its intersection with the Dansville Town line, then west along the Dansville Town line to its intersection with the Conrail right-of-way (Erie Lackawanna Rail Road), then north and northwest along the Conrail right-of-way to the point of beginning; and the Werth, Dale, farm, known as the “Werthwhile Farm,” located in the town of Cohocton on the north side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of the junction of County Road 5 with County Road 58 (known as Wager Road).</P> <P> <E T="03">Suffolk County.</E> The entire county.</P> <P> <E T="03">Wayne County.</E> The town of Savannah.</P> <P>(2) <E T="03">Suppressive area:</E> None.</P> </EXTRACT> <CITA>[51 FR 30050, Aug. 22, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-2b</SECTNO> <SUBJECT>Exempted articles. <SU>2</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>2</SU> The articles hereby exempted remain subject to applicable restrictions under other quarantines and other provisions of this subpart.</P> </FTNT> <P>(a) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (4) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs:</P> <P>(1) Small grains, if harvested in bulk or directly into approved containers, and if the small grains and containers thereof have not come into contact with the soil; or, if they have been cleaned to meet State seed sales requirements.</P> <P>(2) Soybeans (other than for seed), if harvested in bulk or directly into approved containers, and if the soybeans and containers thereof have not come into contact with the soil.</P> <P>(3) Unshucked ear corn, if harvested in bulk or directly into approved containers, and if the corn and containers thereof have not come into contact with the soil.</P> <P>(4) Used farm tools, if cleaned free of soil.</P> <P>(b) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (b) (1) through (3) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs: <E T="03">Provided,</E> That this exemption shall not apply to any class of regulated articles specified by an inspector in a written notification to the owner or person in possession of the premises that the movement of such articles from such premises under this exemption would involve a hazard of spread of the golden nematode:</P> <P>(1) Root crops (other than Irish potatoes and sugar beets), if moved in approved containers.</P> <P>(2) Hay, straw, fodder, and plant litter, if moved in approved containers.</P> <P>(c) Containers of the following types are approved for the purposes of this section:</P> <P>(1) New paper bags; and consumer packages of any material except cloth or burlap.</P> <P>(2) Crates, pallet boxes, trucks, and boxcars, if free of soil.</P> <CITA>[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-3</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined States. <SU>3</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>(a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from <PRTPAGE P="108"/>any quarantined State under the following conditions:</P> <P>(1) With certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7 if moved:</P> <P>(i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or</P> <P>(ii) From any generally infested area into or through any suppressive area; or</P> <P>(iii) Between any noncontiguous suppressive areas; or</P> <P>(iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or</P> <P>(v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or</P> <P>(2) From any regulated area, without certificate or permit if moved:</P> <P>(i) Under the provisions of § 301.85-2b which exempts certain articles from certificate and permit requirements; or</P> <P>(ii) From a generally infested area to a contiguous generally infested area; or</P> <P>(iii) From a suppressive area to a contiguous generally infested area; or</P> <P>(iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the golden nematode exists; or</P> <P>(v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or</P> <P>(3) From any area outside the regulated areas, if moved:</P> <P>(i) With a certificate or permit attached; or</P> <P>(ii) Without a certificate or permit, if:</P> <P>(<E T="03">a</E>) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.85-2b; or</P> <P>(<E T="03">b</E>) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.</P> <P>(b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing or analysis may be moved interstate from any regulated area only to laboratories approved <SU>4</SU> <FTREF/> by the Deputy Administrator and so listed by him in a supplemental regulation. <SU>5</SU> <FTREF/> A certificate or permit is not required to be attached to such soil samples except in those situations where the Deputy Administrator has authorized such movement only with a certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7. A certificate or permit is not required to be attached to soil samples originating in areas outside of the regulated areas if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.</P> <FTNT> <P> <SU>4</SU> Pamphlets containing provisions for laboratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.</P> </FTNT> <FTNT> <P> <SU>5</SU> For list of approved laboratories, see PP 639 (37 FR 7813, 15525, and amendments thereof).</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 301.85-4</SECTNO> <SUBJECT>Issuance and cancellation of certificates and permits.</SUBJECT> <P>(a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:</P> <P>(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or</P> <P>(2) Have been treated to destroy infestation in accordance with the treatment manual; or</P> <P>(3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.<PRTPAGE P="109"/> </P> <P>(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when, upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the golden nematode and requirements of other applicable Federal domestic plant quarantines have been met.</P> <P>(c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.</P> <P>(d) Scientific permits to allow the interstate movement of regulated articles and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of the golden nematode.</P> <P>(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles (except for soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section.</P> <P>(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. Prior to such withdrawal, the holder of the certificate of permit shall be notified of the proposed action and the reason therefor and afforded reasonable opportunity to pre-sent his views thereon.</P> </SECTION> <SECTION> <SECTNO>§ 301.85-5</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.</P> <P>(b) Any person engaged in the business of removing soil from Irish potatoes by the process of grading, washing, or fluming may enter into a compliance agreement concerning such operations. The compliance agreement shall be a written agreement between the person conducting such operations and Plant Protection and Quarantine wherein such person agrees to conduct such operations in a manner which, in the judgment of the inspector supervising enforcement of the quarantine and regulations, will substantially remove the soil from the potatoes.<PRTPAGE P="110"/> </P> <P>(c) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever he finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement.</P> <CITA>[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-6</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.85-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection.</P> </SECTION> <SECTION> <SECTNO>§ 301.85-7</SECTNO> <SUBJECT>Attachment and disposition of certificates and permits.</SUBJECT> <P>(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required.</P> <P>(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.85-8</SECTNO> <SUBJECT>Inspection and disposal of regulated articles and pests.</SUBJECT> <P>Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and golden nematodes as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)in accordance with instructions issued by the Deputy Administrator.</P> <CITA>[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.85-9</SECTNO> <SUBJECT>Movement of live golden nematodes.</SUBJECT> <P>Regulations requiring a permit for and otherwise governing the movement of live golden nematodes in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 301.85-10</SECTNO> <SUBJECT>Nonliability of the Department.</SUBJECT> <P>The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sugarcane Diseases</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>48 FR 50059, Oct. 31, 1983, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.87</SECTNO> <SUBJECT>Quarantine; restrictions on interstate movement of specified articles.<E T="51">1, 2</E> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU> Any inspector is authorized to stop and inspect persons and means of conveyance, and to hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> <P> <SU>2</SU> Regulations concerning the movement of gummosis bacteria and leaf scald bacteria in interstate or foreign commerce are contained in part 330 of this chapter.</P> </FTNT> <P>(a) <E T="03">Notice of quarantine.</E> Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines Hawaii to prevent the artificial spread of leaf scald disease and quarantines Puerto Rico to prevent the artificial spread of gummosis disease and leaf scald disease. The regulations in this subpart govern the interstate movement from <PRTPAGE P="111"/>Hawaii and Puerto Rico of the regulated articles described in § 301.87-2.</P> <P>(b) <E T="03">Quarantine restrictions on interstate movement of regulated articles.</E> No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.87-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Certificate.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that the article is eligible for interstate movement in accordance with § 301.87-5(a) of this subpart.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant to such provisions.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture for Plant Protection and Quarantine, or any officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated.</P> <P> <E T="03">Gummosis disease.</E> A dangerous plant disease of sugarcane which is caused by the highly infectious bacterium, <E T="03">Xanthomonas vasculorum</E> (Cobb) Dowson, and which is not widely prevalent or distributed within and throughout the United States.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the quarantine and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Leaf scald disease.</E> A dangerous plant disease of sugarcane which is caused by the highly infectious bacterium, <E T="03">Xanthomonas albilineans</E> (Ashby) Dowson, and which is not widely prevalent or distributed within and throughout the United States.</P> <P> <E T="03">Limited permit.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that the regulated article is eligible for interstate movement in accordance with § 301.87-5(b) of this subpart.</P> <P> <E T="03">Moved (movement, move).</E> Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or caused or allowed to be moved by any means. “Movement” and “move” shall be construed in accordance with this definition.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Regulated area.</E> Any quarantined State, or any portion thereof, listed as a regulated area in § 301.87-3(c) of this subpart, or otherwise designated as a regulated area in accordance with § 301.87-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.87-2(a), (b), (c), (d), or otherwise designated as a regulated article in accordance with § 301.87-2(e).</P> <P> <E T="03">State.</E> Any State, Territory, or District of the United States, including the Commonwealth of Puerto Rico.</P> <P> <E T="03">Sugarcane disease.</E> This means leaf scald disease with respect to activities in Hawaii, and means gummosis disease or leaf scald disease with respect to activities in Puerto Rico.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987; 66 FR 21052, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <PRTPAGE P="112"/> <SECTNO>§ 301.87-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>(a) Sugarcane plants, whole or in part, including true seed and bagasse, but not including pieces of cane boiled for a minimum of 30 minutes during processing into sugarcane chews;</P> <P>(b) Used sugarcane processing equipment (sugarcane mill equipment, such as equipment used for extracting and refining sugarcane juice; and experimental devices, such as devices used for extracting sugarcane juice);</P> <P>(c) Used sugarcane field equipment (equipment used for sugarcane field production purposes, e.g. planters, tractors, discs, cultivators, and vehicles);</P> <P>(d) Sugarcane juice; and</P> <P>(e) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a), (b), (c), or (d) of this section, when it is determined by an inspector that it presents a risk of spread of a sugarcane disease and the person in possession of it has actual notice that the product, article, or means of conveyance is subject to the restrictions of this section.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.87-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Deputy Administrator shall list as a regulated area in paragraph (c) of this section, each quarantined State, or each portion thereof, in which a sugarcane disease has been found by an inspector or in which the Deputy Administrator has reason to believe that a sugarcane disease is present, or each portion of a quarantined State which the Deputy Administrator deems necessary to regulate because of its proximity to a sugarcane disease or its inseparability for quarantine enforcement purposes from localities in which a sugarcane disease occurs. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of a sugarcane disease.</P> <P>(b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such an area. Written notice of the designation shall be given to the owner or person in possession of the nonregulated area and, thereafter, the interstate movement of any regulated article from the area shall be subject to the applicable provisions of this subpart. As soon as practicable, the area shall be added to the list in paragraph (c) of this section or the designation shall be terminated by the Deputy Administrator or an inspector, and notice thereof shall be given to the owner or person in possession of the area.</P> <P>(c) The areas described below are designated as regulated areas;</P> <EXTRACT> <HD SOURCE="HD2">Hawaii</HD> <P>All of Hawaii.</P> <HD SOURCE="HD2">Puerto Rico.</HD> <P>All of Puerto Rico.</P> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 301.87-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.<SU>3</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>Any regulated article may be moved interstate from any regulated area in a quarantined State if moved under the following conditions:</P> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.87-5 and 301.87-8 of this subpart, or</P> <P>(b) Without a certificate or limited permit, if</P> <P>(1) Moved directly through any regulated area, and</P> <P>(2) The article originated outside of any regulated area, and<PRTPAGE P="113"/> </P> <P>(3) The point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has not been used for the production of sugarcane while in the regulated area.</P> </SECTION> <SECTION> <SECTNO>§ 301.87-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate shall be issued by an inspector for the movement of a regulated article if the inspector:</P> <P>(1)(i) Determines that it has been treated under the direction of an inspector <SU>4</SU> <FTREF/> in accordance with § 301.87-10 of this subpart, or</P> <FTNT> <P> <SU>4</SU> Treatments shall be monitored by inspectors in order to assure compliance with requirements in this subpart.</P> </FTNT> <P>(ii) Determines based on inspection of the article and the premises of origin that it is free from sugarcane diseases; <SU>5</SU> <FTREF/> </P> <FTNT> <P> <SU>5</SU> The term <E T="03">sugarcane diseases</E> means leaf scald disease with respect to movement of regulated articles from Hawaii and means gummosis disease and leaf scald disease with respect to movements of regulated articles from Puerto Rico.</P> </FTNT> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>6</SU> <FTREF/> to prevent the spread of sugarcane diseases; and</P> <FTNT> <P> <SU>6</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines applicable to the article.</P> <P>(b) A limited permit shall be issued by an inspector for the movement of a regulated article if the inspector:</P> <P>(1) Determines, in consultation with the Deputy Administrator, that it is to be moved:</P> <P>(i) For a specified purpose (such as for consumption or manufacturing) stated on the limited permit, other than for processing or harvesting sugarcane; and</P> <P>(ii) To a specified destination stated on the limited permit, which is not in a county or parish where sugarcane is produced, and which is not within 10 miles of a sugarcane field;</P> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>6</SU> <FTREF/> to prevent the spread of sugarcane diseases; and</P> <P>(3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines applicable to the article.</P> <P>(c) Certificates and limited permits for shipments of regulated articles may be issued by an inspector or by any person engaged in the business of growing, handling, or moving regulated articles provided such person is operating under a compliance agreement. Any such person may execute and issue a certificate for the interstate movement of a regulated article if the person has treated the regulated article to destroy infection in accordance with the provisions of § 301.87-10 of this subpart and the inspector has made the determination that the article is otherwise eligible for a certificate in accordance with paragraph (a) of this section; or if the inspector has made the determination that the article is eligible for a certificate in accordance with paragraph (a) of this section without such treatment. Any such person may execute and issue a limited permit for interstate movement of a regulated article when the inspector has made the determination that the article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if the inspector determines that its holder has not complied with any condition under the regulations for its use. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been <PRTPAGE P="114"/>withdrawn may appeal the decision in writing to the Deputy Administrator within ten days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal in writing, stating the reasons for the decision as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict under rules of practice which shall be adopted by the Administrator of the Animal and Plant Health Inspection Service, USDA, for the proceeding.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.87-6</SECTNO> <SUBJECT>Compliance agreement; cancellation.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. <SU>7</SU> <FTREF/> The compliance agreement shall be a written agreement between a person engaged in such a business and Plant Protection and Quarantine, in which the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant to such provisions.</P> <FTNT> <P> <SU>7</SU> Compliance Agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of Plant Protection and Quarantine. (Local offices are listed in telephone directories.)</P> </FTNT> <P>(b) Any compliance agreement may be canceled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant to such provisions. If the cancellation is oral, the decision and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Deputy Administrator within ten days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict under rules of practice which shall be adopted by the Administrator of the Animal and Plant Health Inspection Service, USDA, for the proceeding.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.87-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.87-5(c) of this subpart) who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector <SU>8</SU> <FTREF/> to take any necessary action under this subpart prior to movement of the regulated article.</P> <FTNT> <P> <SU>8</SU> Inspectors are assigned to local offices of Plant Protection and Quarantine, which are listed in telephone directories. Information concerning local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) The regulated article shall be assembled at whatever point and in whatever manner the inspector designates as necessary to comply with the requirements of this subpart.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.87-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the container <PRTPAGE P="115"/>containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; provided however, that the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill or other shipping document only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify the article.</P> <P>(b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.87-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> <SECTION> <SECTNO>§ 301.87-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatment for regulated articles shall be as follows:</P> <P>(a) <E T="03">Seedpieces (pieces of sugarcane, sets) or canes of sugarcane:</E> Presoak for 24 hours in water at room temperature and then immerse in water at 50 °C (122 °F) for 3 hours. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Some seedpieces or canes of sugarcane which have germinated may be damaged by this procedure.</P> </NOTE> <P>(b) <E T="03">True seed (fuzz):</E> Immerse in 0.525 percent sodium hypochlorite solution for 30 minutes (solution shall contain 1 part of solution containing 5.25 percent sodium hypochlorite with 9 parts water by volume). Air dry at least 8 hours before packaging.</P> <P>(c) <E T="03">Bagasse:</E> Subject to dry heat at 70 °C (158 °F) for 2 hours.</P> <P>(d) <E T="03">Sugarcane harvesting and processing equipment:</E> Remove all debris and soil from the equipment with water at high pressure (at least 300 pounds per square inch) or with steam.</P> <P>(e) <E T="03">Sugarcane juice:</E> Heat at 100 °C (212 °F) for 10 or more minutes.</P> <CITA>[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Karnal Bunt</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 52207, Oct. 4, 1996, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.89-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Actual price received.</E> The net price after adjustment for any premiums or discounts stated on the sales receipt.</P> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.</P> <P> <E T="03">Certificate.</E> A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <P> <E T="03">Contaminated seed.</E> Seed from sources in which the Karnal bunt pathogen (<E T="03">Tilletia indica</E> (Mitra) Mundkur) has been determined to exist.</P> <P> <E T="03">Contract price.</E> The net price after adjustment for any premiums or discounts stated in the contract.</P> <P> <E T="03">Conveyances.</E> Containers used to move wheat, durum wheat, or triticale, or their products, including trucks, trailers, railroad cars, bins, and hoppers.</P> <P> <E T="03">Distinct definable area.</E> A commercial wheat production area of contiguous fields that is separated from other wheat production areas by desert, mountains, or other nonagricultural terrain as determined by an inspector, based on survey results.</P> <P> <E T="03">Farm tools.</E> An instrument worked or used by hand, e.g., hoes, rakes, shovels, and axes.</P> <P> <E T="03">Grain storage facility.</E> That part of a grain handling operation or unit or a <PRTPAGE P="116"/>grain handling operation, consisting or structures, conveyances, and equipment that receive, unload, and store, grain, and that is able to operate as an independent unit from other units of the grain handling operation. A grain handling operation may be one grain storage facility or may be comprised of many grain storage facilities on a single premises.</P> <P> <E T="03">Infestation (infected).</E> The presence of Karnal bunt, or any stage of development of the fungus <E T="03">Tilletia indica</E> (Mitra) Mundkur, or the existence of circumstances that make it reasonable to believe that Karnal bunt is present.</P> <P> <E T="03">Inspector.</E> An APHIS employee or designated cooperator/collaborator authorized by the Administrator to enforce the provisions of this subpart.</P> <P> <E T="03">Karnal bunt.</E> A plant disease caused by the fungus <E T="03">Tilletia indica</E> (Mitra) Mundkur.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector affirms that a specified regulated article not eligible for a certificate is eligible for movement only to a specified destination and in accordance with conditions specified on the permit.</P> <P> <E T="03">Mechanized cultivating equipment and mechanized harvesting equipment.</E> Mechanized equipment used for soil tillage, including tillage attachments for farm tractors—e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes—e.g., combines, cotton harvesters, and hay balers.</P> <P> <E T="03">Milling products and byproducts.</E> Products and byproducts resulting from processing wheat, durum wheat, or triticale, including animal feed, waste and debris.</P> <P> <E T="03">Movement (moved).</E> The act of shipping, transporting, delivering, or receiving for movement, or otherwise aiding, abetting, inducing or causing to be moved.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity.</P> <P> <E T="03">Soil.</E> The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material.</P> <P> <E T="03">Soil-moving equipment.</E> Equipment used for moving or transporting soil, including, but not limited to, bulldozers, dump trucks, or road scrapers.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale;</P> <P>(b) Grain elevators/equipment/structures used for storing and handling wheat, durum wheat, and triticale;</P> <P>(c) Milling products or byproducts, except flour;</P> <P>(d) Plants, or plant parts, including grain, seed, or straw of all varieties of the following species:</P> <EXTRACT> <P>Wheat: <E T="03">Triticum aestivum;</E> </P> <P>Durum wheat: <E T="03">Triticum durum;</E> and</P> <P>Triticale: <E T="03">Triticum aestivum</E> X <E T="03">Secale cereale;</E> </P> </EXTRACT> <P>(e) <E T="03">Tilletia indica</E> (Mitra) Mundkur;</P> <P>(f) Root crops with soil;</P> <P>(g) Soil from areas where field crops are produced;</P> <P>(h) Manure from animals that have fed on untreated or raw wheat, durum wheat, or triticale;</P> <P>(i) Mechanized harvesting equipment used in the production of wheat, durum wheat, and triticale that test positive from Karnal bunt;</P> <P>(j) Seed conditioning equipment that has been used in the production of wheat, durum wheat, and triticale;</P> <P>(k) Any other product, article or means of conveyance when:</P> <P>(1) An inspector determines that it presents a risk of spreading Karnal bunt due to its proximity to an infestation of Karnal bunt; and</P> <P>(2) The person in possession of the product, article, or means of conveyance has been notified that it is regulated under this subpart.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 63 FR 50751, Sept. 23, 1998; 65 FR 50596, Aug. 21, 2000]</CITA> </SECTION> <SECTION> <PRTPAGE P="117"/> <SECTNO>§ 301.89-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <P>(a) The Administrator will regulate each State or each portion of a State that is infected.</P> <P>(b) Less than an entire State will be listed as a regulated area only if the Administrator:</P> <P>(1)(i) Determines that the State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles listed in § 301.89-2 that are equivalent to the movement restrictions imposed by this subpart; and</P> <P>(ii) Determines that designating less than the entire State as a regulated area will prevent the spread of Karnal bunt; or</P> <P>(2) Exercises his or her extraordinary emergency authority under 7 U.S.C. 150dd.</P> <P>(c) The Administrator may include noninfected acreage within a regulated area due to its proximity to an infestation or inseparability from the infected locality for regulatory purposes, as determined by:</P> <P>(1) Projections of the spread of Karnal bunt along the periphery of the infestation;</P> <P>(2) The availability of natural habitats and host materials within the noninfected acreage that are suitable for establishment and survival of Karnal bunt; and</P> <P>(3) The necessity of including uninfected acreage within the regulated area in order to establish readily identifiable boundaries.</P> <P>(d) The Administrator or an inspector may temporarily designate any nonregulated area as a regulated area in accordance with the criteria specified in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonregulated area, or, in the case of publicly owned land, to the person responsible for the management of the nonregulated area. Thereafter, the movement of any regulated article from an area temporarily designated as a regulated area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated regulated areas in paragraph (f) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.</P> <P>(e) The Administrator will classify a field or area as a regulated area when:</P> <P>(1) It is a field planted with seed from a lot found to contain a bunted wheat kernel; or</P> <P>(2) It is a distinct definable area that contains at least one field that was found during survey to contain a bunted wheat kernel (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to a field found during survey to contain a bunted kernel); or</P> <P>(3) It is a distinct definable area that contains at least one field that was found during survey to contain spores consistent with Karnal bunt and has been determined to be associated with grain at a handling facility containing a bunted wheat kernel (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to a field that has been associated with grain at a handling facility containing a bunted kernel).</P> <P>(f) The following areas or fields are designated as regulated areas (maps of the regulated areas may be obtained by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, 4700 River Road Unit 134, Riverdale, MD 20737-1236): </P> <EXTRACT> <HD SOURCE="HD1">Arizona</HD> <P> <E T="03">La Paz County.</E> (1) Beginning at the southeast corner of sec. 33, T. 5 N., R. 21 W.; then west to the Colorado River; then north along the Colorado River to the west edge of sec. 26, T. 6 N., R. 22 W.; then north to the northwest corner of sec. 26, T. 6 N., R. 22 W.; then east to the northeast corner of sec. 27, T. 6 N., R. 21 W.; then south to the southeast corner of sec. 10, T. 5 N., R. 21 W.; then west to the southwest corner of sec. 10, T. 5 N, R. 21 W.; then south to the point of beginning.</P> <P>(2) Beginning at the southeast corner of sec. 6, T. 7 N., R. 20 W.; then west to the southeast corner of sec. 35, T. 7 N., R. 21 W.; then south to the southeast corner of sec. 2, T. 6N., R. 21 W; then west to the southeast <PRTPAGE P="118"/>corner of sec. 3, T. 6 N., R. 21 W.; then south to the southeast corner of sec. 15, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 13, T. 6N., R. 22 W., then north to the northwest corner of sec. 25, T. 7 N., R. 22 W.; then east to the southwest corner of sec. 19, T. 7 N., R. 21 W.; then north to the Colorado River; then northeast along the Colorado River to the north edge of sec. 32, T. 8 N., R. 21 W.; then east to the northeast corner of sec. 31, T. 8 N., R. 20 W.; then south to the point of beginning.</P> <P> <E T="03">Maricopa County.</E> (1) Beginning at the southeast corner of sec. 12, T. 6 S., R. 6 W.; then west to the southwest corner of sec. 7, T. 6 S., R. 6 W.; then north to the northwest corner of sec. 7, T. 6 S., R. 6 W.; then west to the southwest corner of sec. 2, T. 6 S., R. 7 W.; then north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 18, T. 5 S., R. 6 W.; then south to the southeast corner of sec. 19, T. 5 S., R. 6 W.; then east to the northeast corner of sec. 25, T. 5 S., R. 6 W.; then south to the point of beginning.</P> <P>(2) Beginning at the southeast corner of sec. 34, T. 1 N., R. 2 W.; then west to the northeast corner of sec. 5, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 8, T. 1 S., R. 2 W.; then west to the southeast corner of sec. 11, T. 1 S., R. 4 W.; then south to the southeast corner of sec. 14, T. 1 S, R. 4 W.; then west to the southwest corner of sec. 14, T. 1 S., R. 5 W.; then north to the northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the northwest corner of sec. 17, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 8, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 10, T. 1 N., R. 2 W.; then south to the point of beginning.</P> <P>(3) Beginning at the southeast corner of sec. 28, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 30, T. 1 S., R. 2 E.; then north to the southwest corner of sec. 18, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to the southwest corner of sec. 2, T. 1 S., R. 1 E.; then west to the southwest corner of sec. 4, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 4, T. 1 S., R. 1 E.; then west to the southwest corner of sec. 36, T. 1 N., R. 2 W.; then north to the southwest corner of sec. 25, T. 2 N., R. 2 W.; then west to the southwest corner of sec. 27, T. 2 N., R. 2 W.; then north to the northwest corner of sec. 3, T. 3 N., R. 2 W.; then east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 23, T. 3 N., R. 1 E.; then south to the southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the northwest corner of sec. 18, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 13, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 12, T. 1 S., R. 2 E.; then west to the southeast corner of sec. 9, T. 1 S., R. 2 E.; then south to the point of beginning.</P> <P>(4) Beginning at the southeast corner of sec. 34, T. 2 N., R. 5 E.; then west to the southwest corner of sec. 31, T. 2 N., R. 5 E.; then north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast corner of sec. 10, T. 2 N., R. 5 E.; then south to the point of beginning.</P> <P>(5) Beginning at the intersection of the Maricopa/Pinal County line and the southwest corner of sec. 31, T. 2 S., R. 5 E.; then north to the northwest corner of sec. 31, T. 2 S., R. 5 E.; then west to the southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the southwest corner of sec. 15, T. 2 S., R. 4 E; then north to the northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the southwest corner of sec. 35, T. 1 S., R. 4 E.; then north to the northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the northwest corner of sec. 34, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 22, T. 1 S., R. 5 E.; then east to the northwest corner of sec. 20, T. 1 S., R. 6 E.; then north to the northwest corner of sec. 8, T. 1 S., R. 6 E.; then east to the northeast corner of sec. 7, T. 1 S., R. 7 E.; then south to the southeast corner of sec. 31, T. 1 S., R. 7 E.; then east to the northeast corner of sec.5, T. 2 S., R. 7 E.; then south to the southeast corner of sec. 5, T. 2 S., R. 7 E.; then east to the Maricopa/Pinal County line; then south and west along the Maricopa/Pinal County line to the point of beginning.</P> <P>(6) The following individual fields in Maricopa County are regulated areas:</P> <P>301060505, 301060506, 301060601, 301060602, 301060603 301060604, 301102505, 301102506, 303111502, 303111503, 304031904, 304031906, 304073004, 304073005, 304073010, 304081410, 304081413, 304081415, 304081417, 304081505, 304081506, 304082202, 304082302, 304082303, 304082607, 304082703, 306013222, 306013231, 306020404, 306020501, 306020601, 306020623, 316123301, 316123302, 316123303, 316131901, 316131904, 316132302, 316132604,</P> <P> <E T="03">Pinal County</E>. (1) Beginning at the intersection of the Maricopa/Pinal County line and the northwest corner of sec. 7, T. 2 S., R. 8 E.; then east to the northeast corner of sec. 8, T. 2 S., R. 8E.; then south to the southeast corner of sec. 8, T. 2 S., R. 8 E.; then east to the northeast corner of sec. 16, T. 2 S., R. 8 E., then south to the southeast corner of sec. 28, T. 2 S., R. 8 E.; then west to the southeast corner of sec. 29, T. 2 S., R. 8 E.; then south to the southeast corner of sec. 32, T. 2 S., R. 8 E.; then west to the Maricopa/Pinal County line; then north along the Maricopa/Pinal County line to the point of beginning.</P> <P>(2) Beginning at the point of intersection of the Maricopa/Pinal County line and the northeast corner of sec. 5, T. 3 S., R. 6 E.; then south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to the southwest <PRTPAGE P="119"/>corner of sec. 34, T. 3 S., R. 5 E.; then north to the southwest corner of sec. 3, T. 3 S., R. 5 E.; then west to the southwest corner of sec. 6, T. 3 S., R. 5 E.; then north to the Maricopa/Pinal County line; then east along the Maricopa/Pinal County line to the point of beginning.</P> <P>(3) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; then west to the southwest corner of sec. 5, T. 6 S., R. 3 E.; then north to the southwest corner of sec. 28, T. 5 S., R. 3 E.; then west to the southwest corner of sec. 25, T. 5 S., R. 2 E.; then north to the southwest corner of sec. 24, T. 5 S., R. 2 E.; then west to the southwest corner of sec 23, T. 5 S., R. 2 E.; then north to the northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the northwest corner of sec. 36, T. 4 S., R. 2 E.; then north to the northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the northwest corner of sec. 29, T. 4 S., R. 3 E.; then north to the northwest corner of sec. 20, T. 4 S.,R. 3 E.; then east to the northeast corner of sec. 21, T. 4 S., R. 4 E.; then south to the northeast corner of sec. 4, T. 5 S., R. 4 E.; then east to the northeast corner of sec. 3, T. 5 S., R. 4 E., then south to the southeast corner of sec. 22, T. 5 S., R. 4 E.; then west to the southeast corner of sec. 21, T. 5 S., R. 4 E.; then south to the point of beginning.</P> <P>(4) The following individual fields in Pinal County are regulated areas:</P> <P>307012207, 308102604, 308102605, 309021801, 309021804, 309021812, 309031304, 309033507, 309042544, 309042545, 309042601, 309042607, 309042619, 309042620, 309042621, 309050104, 309050109, 309050122, 309050207, 309050209,</P> <P> <E T="03">Yuma County</E>. The following individual fields in Yuma County are regulated areas: 321011103, 321033501, 321033502, 321033503, 321033516, 321033517, 321033518, 321033519, 321040405, 321040911, 321040912, 321040915, 321040917, 321040918, 321040921, 321040922, 321041908, 321041919, 323030401, 323030402, 323030403, 323030404, 323030405, 323030406, 323030501, 323030502, 323030512, 323030513, 323030514, 323030515, 323030521.</P> <HD SOURCE="HD1">California</HD> <P> <E T="03">Imperial County</E>. Beginning at the intersection of the Riverside/Imperial County line and the California/Arizona State line; then west to the northwest corner of sec. 1, T. 9 S., R. 21 E.; then south to the California/Arizona State line; then east and north along the State line to the point of beginning.</P> <P> <E T="03">Riverside County</E>. Beginning at the intersection of the Riverside/Imperial County line and the California/Arizona State line; then west to the southwest corner of sec. 31, T. 8 S., R. 22 E.; then north to the northwest corner of sec. 30, T. 7 S., R. 22 E.; then north and northeast along the Palo Verde Valley agriculture area to the California/Arizona State line; then south along the State line to the point of beginning.</P> <HD SOURCE="HD1">New Mexico</HD> <P> <E T="03">Dona Ana County</E>. The following individual fields in Dona Ana County are regulated areas: 113040501, 113040502, 113040506, 113040507, 113040508, 113040602, 113040702, 113040902, 113042601, 113042707, 113042708, 113043401, 113043407, 113050201, 113050202, 113050301, 113060702, 113060703, 113060801, 113060809, 113060901, 113060902, 113070702, 113072701, 113072702, 113072703, 113072704, 113072705, 113072706, 113173103, 113210401, 113210402, 113210403, 113210406, 113210407, 113210808, 113212103, 113212802, 113212806, 113241601, 113242708,</P> <P> <E T="03">Hildalgo County</E>. The following individual fields in Hidalgo County are regulated areas: 123272403, 123353001.</P> <P> <E T="03">Luna County</E>. The following individual fields in Luna County are regulated areas: 129011301, 129012201, 129013003, 129013006, 129060901, 129060902, 129062001, 129062802, 129232801, 129232805, 129232806, 129300506, 129301104, 129301701, 129301801, 129302702, 129303302, 129440601, 129440602, 129440701, 129440708, 129441701,</P> <P> <E T="03">Sierra County</E>. The following individual fields in Sierra County are regulated areas: 151013401, 151441201, 151441202, 151441306, 151442201, 151442601, 151442602, 151442603, 151442604, 151442605, 151442606, 151442607, 151442608, 151442609, 151442610, 151442611, 151442612, 151442613, 151442614, 151442701, 151443501, 151443502, 151443503, 151443601, 151443602, 151443603, 151443604, 151453001, 151453101, 151453102, 151453103, 151453104, 151453106.</P> <HD SOURCE="HD1">Texas</HD> <P> <E T="03">Archer County</E>. The entire county.</P> <P> <E T="03">Baylor County</E>. The entire county.</P> <P> <E T="03">El Paso County</E>. The following individual fields in El Paso County are regulated areas: 441141301, 441142301, 441142302, 441142303, 441142304, 441142305, 441142306, 441142307, 441142401, 441142402, 441142403, 441142404, 441241301, 441241302, 441252801, 441252803, 441252804, 441252901, 441253201, 441253302, 441253401.</P> <P> <E T="03">Hudspeth County</E>. The following individual fields in Hudspeth County are regulated areas: 429050701, 429050702, 429070101, 429070102.</P> <P> <E T="03">McCulloch County</E>. Beginning at the McCulloch/San Saba County line and the line of latitude 31.232299 N.; then west along the line of latitude 31.232299 N. to the line of longitude -99.13473 W.; then north along the line of longitude -99.13473 W. to the line of latitude 31.31004 N.; then east along the line of latitude 31.31004 N. to the line of longitude -99.11427 W.; then north along the line of longitude -99.11427 W. to the line of latitude 31.283487 N.; then east along the line of latitude 31.283487 N. to the McCulloch/San Saba County line; then south to the point of beginning.<PRTPAGE P="120"/> </P> <P> <E T="03">San Saba County</E>. (1) Beginning at the San Saba/Mills County line and the line of longitude -98.5851 W.; then south along the line of longitude -98.5851 W to the line of latitude 31.167959 N.; then west along the line of latitude 31.167959 N. to the line of longitude -98.903233 W.; then north along the line of longitude -98.903233 W. to the line of latitude 31.310819 N.; then east along the line of latitude 31.310819 N. to the San Saba/Mills County line; then south along the San Saba/Mills County line to the point of beginning.</P> <P>(2) Beginning at the San Saba/McCulloch County line and the line of latitude 31.283487 N.; then east along the line of latitude 31.283487 N. to the line of longitude -99.063487 W.; then south along the line of longitude -99.063487 W. to the line of latitude 31.232299 N.; then west along the line of latitude 31.232299 N. to the San Saba/McCulloch County line; then north along the San Saba/McCulloch County line to the point of beginning.</P> <P> <E T="03">Throckmorton County</E>. The entire county.</P> <P> <E T="03">Young County</E>. The entire county.</P> </EXTRACT> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998; 63 FR 50751, Sept. 23, 1998; 64 FR 23752, May 4, 1999; 65 FR 50596, Aug. 21, 2000; 66 FR 32210, June 14, 2001; 66 FR 37576, July 19, 2001; 66 FR 63152, Dec. 5, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-4</SECTNO> <SUBJECT>Planting.</SUBJECT> <P>Wheat, durum wheat, and triticale may be planted in all fields within a regulated area. All wheat seed, durum wheat seed, and triticale seed that originates within a regulated area must be tested and found free from spores and bunted wheat kernels, then treated with a fungicide in accordance with § 301.89-13(d), before it may be planted within a regulated area.</P> <CITA>[64 FR 23754, May 4, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-5</SECTNO> <SUBJECT>Movement of regulated articles from regulated areas.</SUBJECT> <P>(a) Any regulated article may be moved from a regulated area into or through an area that is not regulated only if moved under the following conditions:</P> <P>(1) With a certificate or limited permit issued and attached in accordance with §§ 301.89-6 and 301.89-10;</P> <P>(2) Without a certificate or limited permit, provided that each of the following conditions is met:</P> <P>(i) The regulated article was moved into the regulated area from an area that is not regulated;</P> <P>(ii) The point of origin is indicated on a waybill accompanying the regulated article;</P> <P>(iii) The regulated article is moved through the regulated area without stopping, or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of contamination with Karnal bunt, or has been treated in accordance with the methods and procedures prescribed in § 301.89-13 while in or moving through any regulated area; and</P> <P>(iv) The article has not been combined or commingled with other articles so as to lose its individual identity;</P> <P>(3) Without a certificate or limited permit, provided the regulated article is a soil sample being moved to a laboratory approved by the Administrator <SU>1</SU> <FTREF/> to process, test, or analyze soil samples;</P> <FTNT> <P> <SU>1</SU> Criteria that laboratories must meet to become approved to process, test, or analyze soil, and the list of currently approved laboratories, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(4) Without a certificate or limited permit, provided the regulated article is straw/stalks/seed heads for decorative purposes that have been processed or manufactured prior to movement and are intended for use indoors.</P> <P>(b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with the methods and procedures prescribed in § 301.89-13.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998]</CITA> </SECTION> <SECTION> <PRTPAGE P="121"/> <SECTNO>§ 301.89-6</SECTNO> <SUBJECT>Issuance of a certificate or limited permit.</SUBJECT> <P>(a) An inspector <SU>2</SU> <FTREF/> or person operating under a compliance agreement will issue a certificate for the movement of a regulated article outside a regulated area if he or she determines that the regulated article:</P> <FTNT> <P> <SU>2</SU> Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or from Karnal Bunt Project, 3658 E. Chipman Rd. Phoenix, Arizona 85040.</P> </FTNT> <P>(1) Is eligible for unrestricted movement under all other applicable Federal domestic plant quarantines and regulations;</P> <P>(2) Is to be moved in compliance with any conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>3</SU> <FTREF/> to prevent the artificial spread of Karnal bunt; and</P> <FTNT> <P> <SU>3</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 431 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3)(i) Is free of Karnal bunt infestation, based on laboratory results of testing, and history of previous infestation;</P> <P>(ii) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt; or</P> <P>(iii) Has been treated in accordance with methods and procedures prescribed in § 301.89-13.</P> <P>(b) To be eligible for movement under a certificate, grain from a field within a regulated area must be tested prior to its movement from the field or before it is commingled with other grains and must be found free from bunted kernels. If bunted kernels are found, the grain will be eligible for movement only under a limited permit issued in accordance with paragraph (c) of this section.</P> <P>(c) An inspector or a person operating under a compliance agreement will issue a limited permit for the movement within or outside the regulated area of a regulated article not eligible for a certificate if the inspector determines that the regulated article:</P> <P>(1) Is to be moved to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit and/or compliance agreement), and this movement will not result in the artificial spread of Karnal bunt because Karnal bunt will be destroyed or the risk mitigated by the specified handling, utilization, or processing;</P> <P>(2) Is to be moved in compliance with any additional conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and</P> <P>(3) Is eligible for movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(d) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with § 301.89-7 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-7</SECTNO> <SUBJECT>Compliance agreements.</SUBJECT> <P>Persons who grow, handle, or move regulated articles may enter into a compliance agreement <SU>4</SU> <FTREF/> if such persons <PRTPAGE P="122"/>review with an inspector each provision of the compliance agreement, have facilities and equipment to carry out disinfestation procedures or application of chemical materials in accordance with § 301.89-13, and meet applicable State training and certification standards under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart.</P> <FTNT> <P> <SU>4</SU> Compliance agreements may be initiated by contacting a local office of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices of Plant Protection and Quarantine may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or from the Karnal Bunt <PRTPAGE/>Project, 3658 E. Chipman Rd., Phoenix, Arizona 85040.</P> </FTNT> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-8</SECTNO> <SUBJECT>Cancellation of a certificate, limited permit, or compliance agreement.</SUBJECT> <P>Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow, but within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.</P> </SECTION> <SECTION> <SECTNO>§ 301.89-9</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Persons requiring certification or other services must request the services of an inspector <SU>5</SU> <FTREF/> at least 24 hours before the services are needed.</P> <FTNT> <P> <SU>5</SU> See footnote 2.</P> </FTNT> <P>(b) The regulated articles must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 FR 29550, June 2, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-10</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) The consignor must ensure that the certificate or limited permit authorizing movement of a regulated article is, at all times during movement, attached to:</P> <P>(1) The outside of the container encasing the regulated article;</P> <P>(2) The article itself, if it is not in a container; or</P> <P>(3) The consignee's copy of the accompanying waybill: Provided, that the descriptions of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and</P> <P>(b) The carrier must furnish the certificate or limited permit authorizing movement of a regulated article to the consignee at the shipment's destination.</P> </SECTION> <SECTION> <SECTNO>§ 301.89-11</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours will be furnished without cost to persons requiring the services.</P> <P>The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.89-12</SECTNO> <SUBJECT>Cleaning and disinfection.</SUBJECT> <P>(a) Mechanized harvesting equipment that has been used to harvest host crops that test positive for Karnal bunt and seed conditioning equipment that has been used in the production of any host crops must be cleaned and disinfected in accordance with § 301.89-13(a) prior to movement from a regulated area.<PRTPAGE P="123"/> </P> <P>(b) [Reserved]</P> <CITA>[63 FR 50751, Sept. 23, 1998, as amended at 64 FR 23754, May 4, 1999; 65 FR 50598, Aug. 21, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-13</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>(a) All conveyances, mechanized harvesting equipment, seed conditioning equipment, grain elevators, and structures used for storing and handling wheat, durum wheat, or triticale required to be cleaned and disinfected under this subpart must be cleaned by removing all soil and plant debris and disinfected by one of the methods specified in paragraphs (a)(1) through (a)(4) of this section, unless a particular treatment is designated by an inspector. The treatment used must be that specified by an inspector if that treatment is deemed most effective in a given situation:</P> <P>(1) Wetting all surfaces to the point of runoff with a solution of 1.5 percent sodium hypochlorite—e.g., with a solution of sodium hypochlorite mixed with water applied at the rate of 1 gallon of household chlorine bleach (5.2 percent sodium hypochlorite) mixed with 2.5 gallons of water—and letting stand for 15 minutes. The equipment or site should be thoroughly washed down after 15 minutes to minimize corrosion; or</P> <P>(2) Applying steam to all surfaces until the point of runoff, and so that a critical temperature of 170 °F is reached at the point of contact;</P> <P>(3) Cleaning with a solution of hot water and detergent, applied under pressure of at least 30 pounds per square inch, at a minimum temperature of 180 °F; or</P> <P>(4) Fumigating with methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.</P> <P>(b) Soil must be wet to a depth of 1 inch by water (irrigation or rain) just prior to treatment and must be treated by fumigation with methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.</P> <P>(c) Millfeed must be treated with a moist heat treatment of 170 °F for at least 1 minute if the millfeed resulted from the milling of wheat, durum wheat, or triticale that tested positive for Karnal bunt.</P> <P>(d) Seed for planting must be treated by one of the following methods:</P> <P>(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;</P> <P>(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;</P> <P>(3) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./gal.) flowable liquid per 100 pounds of seed;</P> <P>(4) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 0.91 + 0.91 lb. ai./gal.) flowable liquid per 100 pounds of seed; or</P> <P>(5) With 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed.</P> <P>(e) Seed used for germplasm or for research purposes must be treated with a 1.5 percent aqueous solution of sodium hypochlorite (=30 percent household bleach) containing 2 ml. of Tween 20<E T="51">TM</E> per liter agitated for 10 minutes at room temperature followed by a 15-minute rinse with clean, running water and then by drying, and either:</P> <P>(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed; or</P> <P>(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed.</P> <CITA>[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 64265, Dec. 5, 1997; 63 FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-14</SECTNO> <SUBJECT>Compensation for the 1995-1996 crop season.</SUBJECT> <P>The following individuals are eligible to receive compensation from the United States Department of Agriculture (USDA) for the 1995-1996 crop season to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows:</P> <P>(a) <E T="03">Growers who have destroyed crops.</E> Growers in New Mexico and Texas who have destroyed crops of wheat pursuant to an Emergency Action Notification <PRTPAGE P="124"/>(PPQ Form 523) issued by an inspector are eligible to be compensated at the rate of $300 per acre of destroyed crop. Compensation payments will be issued by the Farm Service Agency (FSA). To claim compensation, the grower must complete and submit to a local FSA county office whichever of the following three forms are applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. The forms will be furnished by FSA. Claims for compensation must be received by FSA on or before May 31, 1997. 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 May 31, 1997.</P> <P>(b) <E T="03">Growers and handlers who sell nonpropagative wheat.</E> Growers and handlers in a State where the Secretary has declared an extraordinary emergency, and who sell nonpropagative wheat grown in the regulated area or in an area for which an Emergency Action Notification (PPQ Form 523) has been issued in accordance with § 301.89-3(d), are eligible to be compensated for the loss in value of their wheat due to the Karnal bunt regulations, as follows:</P> <P>(1) <E T="03">Growers who sell nonpropagative wheat</E>. Growers are eligible to be compensated for nonpropagative 1995-1996 crop season wheat and for nonpropagative wheat inventories in their possession that were unsold as of March 1, 1996, as described in paragraphs (b)(1)(i), (b)(1)(ii), and (b)(1)(iii) of this section. However, compensation will not exceed $2.50 per bushel under any circumstances.</P> <P>(i) If the wheat was grown under contract and a price was determined in the contract before March 1, 1996, compensation will equal the contracted price minus the higher of either the salvage value, as described in paragraph (b)(3) of this section, or the actual price received by the grower.</P> <P>(ii) If the wheat was grown under contract and a price was determined in the contract on or after March 1, 1996, and on or before August 1, 1996, compensation will equal the higher of either the contract price or the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the higher of either the salvage value, as described in paragraph (b)(3) of this section, or the actual price received by the grower. 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.</P> <P>(iii) If the wheat was not grown under contract or a price was determined in the contract after August 1, 1996, compensation will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the higher of either the salvage value, as described in paragraph (b)(3) of this section, or the actual price received by the grower. 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.</P> <P>(2) <E T="03">Handlers who sell nonpropagative wheat</E>. Handlers are eligible to be compensated for nonpropagative 1995-1996 crop season wheat and for nonpropagative wheat inventories in their possession that were unsold as of March 1, 1996, only under the circumstances described in paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section. Compensation for the circumstances in paragraphs (b)(2)(i) and (b)(2)(ii) will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the salvage value, as described in paragraph (b)(3) of this section. Compensation for the circumstance in paragraph (b)(2)(iii) will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the higher of either the salvage value, as described in paragraph (b)(3) of this section, or the actual price received by the handler. The <PRTPAGE P="125"/>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. However, compensation will not exceed $2.50 per bushel under any circumstances.</P> <P>(i) Handlers who honor contracts by paying the grower full contract price on wheat grown for nonpropagative purposes in the regulated area that was tested by APHIS and found positive for Karnal bunt;</P> <P>(ii) Handlers who purchase contracted or noncontracted wheat grown for nonpropagative purposes in the regulated area that was tested by APHIS and found negative for Karnal bunt prior to purchase but that was tested by APHIS and found positive for Karnal bunt after purchase; or</P> <P>(iii) Except as explained in this paragraph, handlers who honor contracts by paying the grower or another handler full contract price on nonpropagative wheat grown in the regulated area that was tested by APHIS and found negative for Karnal bunt if a price was determined in the contract before March 1, 1996. Handlers who had contracted to sell the wheat at a price determined in the contract before March 1, 1996, and who received the full contract price, are not eligible for compensation.</P> <P>(3) <E T="03">Salvage value</E>. Salvage values will be as follows:</P> <P>(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.</P> <P>(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 area 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.</P> <P>(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 area 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.</P> <P>(4) <E T="03">To claim compensation</E>. Compensation payments will be issued by the Farm Service Agency (FSA). Claims for compensation must be received by FSA on or before May 31, 1997. 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 May 31, 1997. To claim compensation, a grower or handler must complete and submit to the local FSA county office the following documents:</P> <P>(i) <E T="03">Both growers and handlers</E>. A grower or handler must submit whichever of the following three forms are applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. A grower or a handler must also submit a copy of the receipt for the final sale of the wheat, showing the intended use for which the wheat was sold, and a copy of the Karnal bunt certificate issued by APHIS that shows the Karnal bunt test results.</P> <P>(ii) <E T="03">Growers</E>. In addition to the documents required in paragraph (b)(4)(i), growers must submit a copy of the contract the grower has for the wheat, if the wheat was under contract; and 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 amount paid to the grower by the handler.</P> <P>(iii) <E T="03">Handlers</E>. In addition to the documents required in paragraph (b)(4)(i), handlers must submit a copy of the contract the handler had with the grower for the wheat, if the wheat was under contract; a copy of the receipt for the purchase of the wheat from the grower or handler, showing the total bushels purchased and the amount the handler paid for the wheat; and a copy of the receipt for the final sale of the wheat, showing the intended use for which the wheat was sold. Handlers who had contracted to sell the wheat at a price determined in the contract before March 1, 1996, must submit a <PRTPAGE P="126"/>copy of the contract for the sale of the wheat.</P> <P>(c) <E T="03">Nonpropagative wheat that is not sold</E>. If a grower or handler of nonpropagative wheat grown in the regulated area in a State where the Secretary has declared an extraordinary emergency is not able to or elects not to sell their wheat, they will be eligible to receive compensation at the rate of $2.50 per bushel. Compensation will only be paid if the grower or handler has destroyed the wheat by burying it in a sanitary landfill or other site that has been approved by APHIS. Compensation claims will be issued by the Farm Service Agency (FSA). To claim compensation, the grower or handler must complete and submit to the local FSA county office whichever of the following three forms are applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. In addition, the grower or handler must submit verification of how much wheat was buried, in the form of a receipt from the sanitary landfill or verification signed by an APHIS inspector. Claims for compensation must be received by FSA on or before May 31, 1997. 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 May 31, 1997.</P> <P>(d) <E T="03">Growers and seed companies that sold wheat seed.</E> Growers of and seed companies with certified wheat seed or wheat grown with the intent of producing certified wheat seed are eligible for compensation for the loss in value of their seed, in accordance with this section, if the seed was grown in a State where the Secretary has declared an extraordinary emergency, and if the seed 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.</P> <P>(1) <E T="03">Growers who sold wheat seed under contract.</E> Growers who sold 1995-1996 crop season certified wheat seed or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed 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.</P> <P>(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 if specified in the 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), including any seed premium specified on the receipt for the final sale of the wheat. If the actual seed premium received by the grower is not specified on the receipt for the final sale of the wheat, the seed premium will be set at $.30 for the compensation calculation. In each case, the amount of the actual price or the salvage value of the wheat seed 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—higher of [SV + (SP(actual) or $.30) or [AP].</P> <P>(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 if 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), including any seed premium specified on the receipt for the final sale of the wheat. If a seed premium is not specified in the contract or on the receipt for the final sale of the wheat, the seed premium that is added to the estimated market price (EMP) and the seed premium that is added to the salvage value (SV) will be set at $.30. In each case, the amount of the actual price or the salvage value of the wheat seed will include the value of any proceeds accrued through insurance claims, judgments, or from any other <PRTPAGE P="127"/>source. The equation for this compensation is: Compensation rate = [EMP + (SP(contract) or $.30)]—higher of [SV + (SP(actual) or $.30)] or [AP]. 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.</P> <P>(2) <E T="03">Growers who sold wheat seed for nonpropagative purposes.</E> Growers with 1995-1996 crop season certified wheat seed or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed are eligible to receive compensation in accordance with paragraphs (d)(2)(i) and (d)(2)(ii) of this section if they sold the wheat for nonpropagative purposes. However, compensation will not exceed $2.80 per bushel under any circumstances.</P> <P>(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). If a seed premium is not specified in the contract, SP will equal $.30. In each case, the amount of the actual price of the wheat seed 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 or $.30). Growers who claim compensation under this paragraph may not claim compensation under paragraph (b) of this section.</P> <P>(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. If no seed premium is specified in the contract, compensation will equal $.30 per bushel.</P> <P>(3) <E T="03">Seed companies that sold wheat seed for nonpropagative purposes and that have not claimed compensation.</E> Seed companies with 1995-1996 crop season certified wheat seed or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed, and seed companies with certified wheat seed 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 wheat seed 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.</P> <P>(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 if a seed premium is specified in the contract, 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 wheat seed 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.</P> <P>(ii) If a seed company had wheat inventories from past crop seasons that were unsold 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 <PRTPAGE P="128"/>of the wheat seed 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.</P> <P>(4) <E T="03">Seed companies that sold wheat seed for nonpropagative purposes and that have claimed compensation.</E> Seed companies with 1995-1996 crop season certified wheat seed or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed, and seed companies with certified wheat seed inventories in their possession that were unsold as of March 1, 1996, are eligible to receive compensation as described in this paragraph if the wheat seed was sold for nonpropagative purposes and if the seed company has claimed compensation under paragraph (b) of this section. In addition, for claims on 1995-1996 crop season wheat, the wheat must have been grown under contract and the seed company must have honored the contract by paying the grower the full contract price, including the seed premium if a seed premium is specified in the contract. 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.</P> <P>(5) <E T="03">Seed companies that sold wheat seed for propagative purposes.</E> Seed companies with 1995-1996 crop season certified wheat seed or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed, and seed companies with certified wheat seed inventories in their possession that were unsold as of March 1, 1996, are eligible to receive compensation as described in this paragraph if the wheat seed was sold for propagative purposes. In addition, for claims on 1995-1996 crop season wheat, the wheat must have been grown under contract and the seed company must have honored the contract by paying the grower the full contract price, including the seed premium if a seed premium is specified in the contract. 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 wheat seed 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.</P> <P>(6) <E T="03">Salvage value.</E> Salvage values will be determined as follows:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(7) <E T="03">To claim compensation.</E> 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 April 22, 1998. 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 <PRTPAGE P="129"/>FSA county office all of the following that apply:</P> <P>(i) The grower or seed company must submit a Karnal Bunt Compensation Claim form, provided by FSA;</P> <P>(ii) The grower or seed company must submit 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;</P> <P>(iii) The grower or seed company must submit verification as to the actual (not estimated) weight of the wheat for which compensation is being claimed (such as a copy of a facility weigh ticket, or other verification);</P> <P>(iv) The grower or seed company must submit documentation showing that the wheat is either certified seed or was grown with the intention of producing certified seed (this documentation may include one or more of the following types of documents: an application to the State seed certification agency for field inspection; a bulk sale certificate; certification tags or labels issued by the State seed certification agency; or a document issued by the State seed certification agency verifying that the wheat is certified seed);</P> <P>(v) For claims on 1995-1996 crop season wheat, the grower or seed company must submit a copy of the contract under which the wheat was grown. Seed companies claiming compensation on seed inventories that were in their possession as of March 1, 1996, do not have to submit a copy of the contract under which the wheat was grown;</P> <P>(vi) A seed company that is claiming compensation for seed inventories must certify to FSA that the wheat seed was in the seed company's possession as of March 1, 1996;</P> <P>(vii) The grower or seed company must submit a copy of the Karnal bunt certificate issued by APHIS that shows the Karnal bunt test results; <E T="03">provided that,</E> if a grower or seed company moved its wheat only within the regulated area, and therefore, does not have a corresponding Karnal bunt certificate for the wheat for which compensation is being claimed, a limited permit stating that the wheat was positive for Karnal bunt will be accepted in lieu of a Karnal bunt certificate. Any wheat that was moved only within the regulated area and that was not moved under a limited permit will be considered negative for Karnal bunt;</P> <P>(viii) If the wheat was grown in an area that is not a regulated area, but for which an Emergency Action Notification (PPQ Form 523) (EAN) for Karnal bunt has been issued, the grower or seed company must submit a copy of the EAN.</P> <P>(e) <E T="03">Other compensation for seed companies.</E> Seed companies are also eligible to receive compensation under the following circumstance: If a seed company has 1995-1996 crop season certified wheat seed, or 1995-1996 crop season wheat grown with the intent of producing certified wheat seed, that cannot be sold for use as grain or animal feed because it was previously cleaned, treated, and bagged, the compensation rate will equal $9.40 per bushel for private variety seed and $7.30 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). Claims for compensation must be received by FSA on or before April 22, 1998. 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 seed company must submit to the local FSA county office all of the following that apply:</P> <P>(1) The seed company must submit a Karnal Bunt Compensation Claim form, provided by FSA;</P> <P>(2) The seed company must submit verification of how much wheat was buried, in the form of a receipt from the sanitary landfill or verification signed by an APHIS inspector;</P> <P>(3) The seed company must submit documentation showing that the wheat is either certified seed or was grown with the intention of producing certified seed (this documentation may include one or more of the following types of documents: an application to the State seed certification agency for <PRTPAGE P="130"/>field inspection; a bulk sale certificate; certification tags or labels issued by the State seed certification agency; or a document issued by the State seed certification agency verifying that the wheat is certified seed);</P> <P>(4) For claims on 1995-1996 crop season wheat that was buried, the seed company must submit a copy of the contract under which the wheat was grown. Seed companies claiming compensation on buried seed inventories that were in their possession as of March 1, 1996, do not have to submit a copy of the contract under which the wheat was grown;</P> <P>(5) A seed company that is claiming compensation for seed inventories that were buried must certify to FSA that the wheat seed was in the seed company's possession as of March 1, 1996;</P> <P>(6) If the wheat was grown in an area that is not a regulated area, 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.</P> <P>(f) <E T="03">Decontamination of grain storage facilities</E>. Owners of grain storage facilities that are in States where the Secretary has declared an extraordinary emergency, and who have decontaminated their grain storage facilities pursuant to an Emergency Action Notification (PPQ Form 523) issued by an inspector, are eligible to be compensated, on a one time only basis for each facility and each covered crop year wheat, for up to 50 percent of the cost of decontamination. However, compensation will not exceed $20,000 per grain storage facility (as defined in § 301.89-1). General clean-up, repair, and refurbishment costs are excluded from compensation. Compensation payments will be issued by APHIS. To claim compensation, the owner of the grain storage facility must submit to an inspector records demonstrating that decontamination was performed on all structures, conveyances, or materials ordered to be decontaminated by the Emergency Action Notification on the facility. The records must include a copy of the Emergency Action Notification, contracts with individuals or companies hired to perform the decontamination, receipts for equipment and materials purchased to perform the decontamination, time sheets for employees of the grain storage facility who performed activities connected to the decontamination, and any other documentation that helps show the cost to the owner and that decontamination has been completed. Claims for compensation must be received by APHIS on or before May 31, 1997. 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 May 31, 1997.</P> <P>(g) <E T="03">Flour millers</E>. Flour millers who, in accordance with a compliance agreement with APHIS, heat-treat millfeed made from wheat produced in regulated areas that require such treatment are eligible to be compensated at the rate of $35.00 per short ton of millfeed. The amount of millfeed compensated will be calculated by multiplying the weight of wheat from the regulated area received by the miller by 25 percent (the average percent of millfeed derived from a short ton of grain). Compensation payments will be issued by APHIS. To claim compensation, the miller must submit to an inspector verification as to the actual (not estimated) weight of the wheat (such as a copy of the limited permit under which the wheat was moved to the mill or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification). Flour millers must also submit verification that the millfeed was heat treated (such as a copy of the limited permit under which the wheat was moved to a treatment facility and a copy of the bill of lading accompanying that movement; or a copy of PPQ Form 700 (which includes certification of processing) signed by the inspector who monitors the mill). Claims for compensation must be received by APHIS on or before May 31, 1997. 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 May 31, 1997.</P> <P>(h) <E T="03">National Karnal Bunt Survey participants</E>. If a grain storage facility participating in the National Karnal Bunt <PRTPAGE P="131"/>Survey tests positive for Karnal bunt spores, the facility will be regulated and may be ordered decontaminated pursuant to an Emergency Action Notification (PPQ Form 523) issued by an inspector. If a Declaration of Extraordinary Emergency has been declared for the State in which the grain storage facility is located, the owner of the grain storage facility will be eligible for compensation as follows:</P> <P>(1) <E T="03">Loss in value of positive wheat</E>. The owner of the grain storage facility will be compensated for the loss in value of positive wheat. Compensation will equal the estimated market price for the relevant class of wheat minus the salvage value, as described in paragraph (b)(3) of this section. 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 October 1 and November 30, 1996, with adjustments for transportation and other handling costs. However, compensation will not exceed $2.50 per bushel under any circumstances. Compensation payments for loss in value of wheat will be issued by the Farm Service Agency (FSA). To claim compensation, the owner of the facility must submit to the local FSA office a copy of the Emergency Action Notification under which the facility is or was quarantined and verification as to the actual (not estimated) weight of the wheat (such as a copy of the limited permit under which the wheat was moved to a mill or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification). Claims for compensation must be received by FSA on or before May 31, 1997. 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 May 31, 1997.</P> <P>(2) <E T="03">Decontamination of grain storage facilities</E>. The owner of the facility will be compensated on a one time only basis for each grain storage facility and each covered crop year wheat for the direct costs of decontamination of the facility at the same rate described under paragraph (f) of this section (up to 50 per cent of the direct costs of decontamination, not to exceed $20,000 per grain storage facility). Compensation payments for decontamination of grain storage facilities will be issued by APHIS, and claims for compensation must be submitted in accordance with the provisions in paragraph (f) of this section. Claims for compensation must be received by APHIS on or before May 31, 1997. 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 May 31, 1997.</P> <P>(i) <E T="03">Wheat straw producers.</E> 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 April 22, 1998. 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.</P> <CITA>[62 FR 24751, May 6, 1997, as amended at 63 FR 1329, Jan. 9, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-15</SECTNO> <SUBJECT>Compensation for growers, handlers, and seed companies in the 1999-2000 and subsequent crop seasons.</SUBJECT> <P>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 <PRTPAGE P="132"/>to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows:</P> <P>(a) <E T="03">Growers, handlers, and seed companies in areas under first regulated crop season.</E> 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.</P> <P>(1) <E T="03">Growers.</E> Growers of wheat in an area under the first regulated crop season, who sell wheat that was tested by APHIS and found positive for Karnal bunt prior to sale, or that was tested by APHIS and found positive for Karnal bunt after sale and the price received by the grower is contingent on the test results, are eligible to receive compensation as described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. However, compensation for positive-testing wheat will not exceed $1.80 per bushel under any circumstances.</P> <P>(i) If the wheat was grown under contract and a price was determined in the contract before the area where the wheat was grown became regulated, compensation will equal the contract price minus the actual price received by the grower.</P> <P>(ii) If the wheat was not grown under contract or a price was determined in the contract after the area where the wheat was grown became regulated, compensation will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the actual price received by the grower. 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) during the harvest months for the area, with adjustments for transportation and other handling costs. Separate estimated market prices will be calculated for certified wheat seed and wheat grown with the intention of producing certified wheat seed, and wheat grain.</P> <P>(2) <E T="03">Handlers and seed companies</E>. Handlers and seed companies who sell wheat grown in an area under the first regulated crop season are eligible to receive compensation only if the wheat was not tested by APHIS prior to purchase by the handler or seed company, but was tested by APHIS and found positive for Karnal bunt after purchase by the handler or seed company, as long as the price to be paid is not contingent on the test results. Compensation will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the actual price received by the handler or seed company. 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) during the harvest months for the area, with adjustments for transportation and other handling costs. Separate estimated market prices will be calculated for certified wheat seed and wheat grown with the intention of producing certified wheat seed, and wheat grain. However, compensation will not exceed $1.80 per bushel under any circumstances.</P> <P>(b) <E T="03">Growers, handlers, and seed companies in previously regulated areas.</E> 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 <PRTPAGE P="133"/>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.</P> <P>(1) <E T="03">Growers</E>. Growers of wheat in a previously regulated area who sell wheat that was tested by APHIS and found positive for Karnal bunt prior to sale, or that was tested by APHIS and found positive for Karnal bunt after sale and the price received by the grower is contingent on the test results, are eligible to receive compensation at the rate of $.60 per bushel of positive testing wheat.</P> <P>(2) <E T="03">Handlers and seed companies</E>. Handlers and seed companies who sell wheat grown in a previously regulated area are eligible to receive compensation only if the wheat was not tested by APHIS prior to purchase by the handler, but was tested by APHIS and found positive for Karnal bunt after purchase by the handler or seed company, as long as the price to be paid by the handler or seed company is not contingent on the test results. Compensation will be at the rate of $.60 per bushel of positive testing wheat.</P> <P>(c) <E T="03">To claim compensation.</E> 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:</P> <P>(1) <E T="03">Growers, handlers, and seed companies</E>. A grower, handler, or seed company must 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 Emergency Action Notification (PPQ Form 523) (EAN) has been issued, the grower, handler, or seed company must submit a copy of the EAN. Growers, handlers, and seed companies must also submit a copy of the Karnal bunt certificate issued by APHIS that shows the Karnal bunt test results, and verification as to the actual (not estimated) weight of the wheat that tested positive (such as a copy of a facility weigh ticket, or other verification). For compensation claims for wheat seed, a grower or seed company must submit documentation showing that the wheat is either certified seed or was grown with the intention of producing certified seed (this documentation may include one or more of the following types of documents: an application to the State seed certification agency for field inspection; a bulk sale certificate; certification tags or labels issued by the State seed certification agency; or a document issued by the State seed certification agency verifying that the wheat is certified seed);</P> <P>(2) <E T="03">Growers</E>. In addition to the documents required in paragraph (c)(1) of this section, growers must submit a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the grower. Growers compensated under paragraph (b)(1) of this section (previously regulated areas) whose wheat was not tested prior to sale must submit documentation showing that the price paid to the grower was contingent on test results (such as a copy of the receipt for the final sale of the wheat or a copy of the contract the grower has for the wheat, if this information appears on those documents).</P> <P>(3) <E T="03">Handlers and seed companies</E>. In addition to the documents required in <PRTPAGE P="134"/>paragraph (c)(1) of this section, handlers and seed companies must submit a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the handler or seed company. The handler or seed company must also submit documentation showing that the price paid or to be paid to the grower is not contingent on the test results (such as a copy of the receipt for the purchase of the wheat or a copy of the contract the handler or seed company has with the grower, if this information appears on those documents).</P> <CITA>[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.89-16</SECTNO> <SUBJECT>Compensation for grain storage facilities, flour millers, and National Survey participants for the 1999-2000 and subsequent crop seasons.</SUBJECT> <P>Owners of grain storage facilities, flour millers, and participants in the National Karnal Bunt Survey are eligible to receive compensation from the United States Department of Agriculture (USDA) for the 1999-2000and subsequent crop seasons to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows:</P> <P>(a) <E T="03">Decontamination of grain storage facilities</E>. Owners of grain storage facilities that are in States where the Secretary has declared an extraordinary emergency, and who have decontaminated their grain storage facilities pursuant to either an Emergency Action Notification (PPQ Form 523) issued by an inspector or a letter issued by an inspector ordering decontamination of the facilities, are eligible to be compensated, on a one time only basis for each facility for each covered crop year wheat, for up to 50 percent of the direct cost of decontamination. However, compensation will not exceed $20,000 per grain storage facility (as defined in § 301.89-1). General clean-up, repair, and refurbishment costs are excluded from compensation. Compensation payments will be issued by APHIS. To claim compensation, the owner of the grain storage facility must submit to an inspector records demonstrating that decontamination was performed on all structures, conveyances, or materials ordered by APHIS to be decontaminated. The records must include a copy of the Emergency Action Notification or the letter from an inspector ordering decontamination, contracts with individuals or companies hired to perform the decontamination, receipts for equipment and materials purchased to perform the decontamination, time sheets for employees of the grain storage facility who performed activities connected to the decontamination, and any other documentation that helps show the cost to the owner and that decontamination has been completed. Claims for 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.</P> <P>(b) <E T="03">Flour millers</E>. Flour millers who, in accordance with a compliance agreement with APHIS, heat treat millfeed that is required by APHIS to be heat treated are eligible to be compensated at the rate of $35.00 per short ton of millfeed. The amount of millfeed compensated will be calculated by multiplying the weight of wheat from the regulated area received by the miller by 25 percent (the average percent of millfeed derived from a short ton of grain). Compensation payments will be issued by APHIS. To claim compensation, the miller must submit to an inspector verification as to the actual (not estimated) weight of the wheat (such as a copy of a facility weigh ticket or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification). Flour millers must also submit verification that the millfeed was heat treated (such as a copy of the limited permit under which the wheat was moved to a treatment facility and a copy of the bill of lading accompanying that movement; or a copy of <PRTPAGE P="135"/>PPQ Form 700 (which includes certification of processing) signed by the inspector who monitors the mill). Claims for 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.</P> <P>(c) <E T="03">National Karnal Bunt Survey participants</E>. If a grain storage facility participating in the National Karnal Bunt Survey tests positive for Karnal bunt, the facility will be regulated, and may be ordered decontaminated, pursuant to either an Emergency Action Notification (PPQ Form 523) issued by an inspector or a letter issued by an inspector ordering decontamination of the facility. If the Secretary has declared an extraordinary emergency in the State in which the grain storage facility is located, the owner will be eligible for compensation as follows:</P> <P>(1) <E T="03">Loss in value of positive wheat</E>. The owner of the grain storage facility will be compensated for the loss in value of positive wheat. Compensation will equal the estimated market price for the relevant class of wheat minus the actual price received for the wheat. 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) during the relevant time period for that facility, with adjustments for transportation and other handling costs. However, compensation will not exceed $1.80 per bushel under any circumstances. Compensation payments for loss in value of wheat will be issued by the Farm Service Agency (FSA). To claim compensation, the owner of the facility must submit to the local FSA office a Karnal Bunt Compensation Claim form, provided by FSA. The owner of the facility must also submit to FSA a copy of the Emergency Action Notification or letter from an inspector under which the facility is or was quarantined; verification as to the actual (not estimated) weight of the wheat (such as a copy of a facility weigh ticket or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification); and a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the owner of the grain storage facility. Claims for 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.</P> <P>(2) <E T="03">Decontamination of grain storage facilities</E>. The owner of the facility will be compensated on a one time only basis for each grain storage facility for each covered crop year wheat for the direct costs of decontamination of the facility at the same rate described under paragraph (a) of this section (up to 50 per cent of the direct costs of decontamination, not to exceed $20,000 per grain storage facility). Compensation payments for decontamination of grain storage facilities will be issued by APHIS, and claims for compensation must be submitted in accordance with the provisions in paragraph (a) of this section.Claims for 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.</P> <CITA>[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001]</CITA> </SECTION> </SUBPART> <SUBPART> <RESERVED>Subpart—Corn Cyst Nematode[Reserved]</RESERVED> </SUBPART> <SUBPART> <PRTPAGE P="136"/> <HD SOURCE="HED">Subpart—European Larch Canker</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 18992, May 4, 1984, unless otherwise noted.</P> </SOURCE> <SUBJGRP> <HD SOURCE="HED">Quarantine and Regulations</HD> <SECTION> <SECTNO>§ 301.91</SECTNO> <SUBJECT>Quarantine and regulations; restrictions on interstate movement of regulated articles.<SU>1</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(a) <E T="03">Quarantines and regulations.</E> The secretary of agriculture hereby quarantines the State of Maine in order to prevent the artificial spread of European larch canker, <E T="03">Lachnellula willkommi</E> (Dasycypha), a dangerous plant disease of trees of the <E T="03">Larix</E> and <E T="03">Pseudolarix</E> species not hereto fore widely prevalent or distributed within and throughout the United States; and hereby establishes regulations governing the interstate movement of regulated articles specified in § 301.91-2</P> <P>(b) <E T="03">Restrictions on interstate movement of regulated articles.</E> No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart.</P> <CITA>[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Certificate.</E> A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.91-5(a).</P> <P> <E T="03">Compliance agreement.</E> A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, or any officer or employee of the Department to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">European larch canker.</E> The plant disease known as European larch canker, <E T="03">Lachnellula willkommi</E> (Dasycypha), in any stage of development.</P> <P> <E T="03">Infestation.</E> The presence of European larch canker or the existence of circumstances that make it reasonable to believe that the European larch canker is present.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the quarantines and regulations in this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit</E>. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such regulated article is eligible for interstate movement in accordance with § 301.91-5(b).</P> <P> <E T="03">Moved (movement, move)</E>. Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved or caused to be moved by any means. “Movement” and “move” shall be construed accordingly.</P> <P> <E T="03">Person</E>. Any individual, partnership, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Regulated area</E>. Any State, or any portion thereof, listed in § 301.91-3(c) or <PRTPAGE P="137"/>otherwise designated as a regulated area in accordance with § 301.91-3(b).</P> <P> <E T="03">Regulated article</E>. Any article listed in § 301.91-2(a) or otherwise designated as a regulated article in accordance with § 301.91-2(b).</P> <P> <E T="03">State</E>. Each of the several States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States and all other Territories and Possessions of the United States.</P> <CITA>[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Logs, pulpwood, branches, twigs, plants, scion and other propagative material of the <E T="03">Larix</E> or <E T="03">Pseudolarix</E> spp. except seeds;</P> <P>(b) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is determined by an inspector that it presents a risk of spread of European larch canker and the person in possession thereof has actual notice that the product, article or means of conveyance is subject to the restrictions in the quarantine and regulations.</P> </SECTION> <SECTION> <SECTNO>§ 301.91-3</SECTNO> <SUBJECT>Regulated areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Deputy Administrator shall list as a regulated area in paragraph (c) of this section, the State, or any portion thereof, in which European larch canker has been found by an inspector or in which the Deputy Administrator has reason to believe that European larch canker is present, or any portion of a quarantined State which the Deputy Administrator deems necessary to regulate because of its proximity to a European larch canker infestation or its inseparability for quarantine enforcement purpose from localities in which European larch canker occurs. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator determines that:</P> <P>(1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and</P> <P>(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artifical interstate spread of European larch canker.</P> <P>(b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such area. Written notice of such designaton shall be given to the owner or person in possession of such nonregulated area, and, thereafter, the interstate movement of any regulated article from such area shall be subject to the applicable provisions of this subpart. As soon as practicable, such area shall be added to the list in paragraph (c) of this section or such designation shall be terminated by the Deputy Administrator or an inspector, and notice thereof shall be given to the owner or person in possession of the area.</P> <P>(c) The areas described below are designated as regulated areas:</P> <EXTRACT> <HD SOURCE="HD1">Maine</HD> <P> <E T="03">Hancock County.</E> The entire townships of Gouldsboro, Serrento, Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division, 10th Southern Division, and 16th Middle Division.</P> <P> <E T="03">Knox County.</E> The entire townships of Appleton, Camden, Cushing, Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston, St. George, Thomaston, Union, Warren, and Washington.</P> <P> <E T="03">Lincoln County.</E> The entire townships of Alna, Boothbay Harbor, Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.</P> <P> <E T="03">Waldo County.</E> The entire townships of Lincolnville and Searsmont.</P> <P> <E T="03">Washington County.</E> The entire townships of Addison, Baring, Beals, Calais City, Centerville, Charolotte, Cherryfield, Columbia, Columbia Falls, Cooper, Cutler, Debolis, Dennysville, East Machias, Eastport, Edmunds, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, Marion, Marshfield, Meddybemps, Milbridge, Northfield, Plantation 14, Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, Trescott, <PRTPAGE P="138"/>Whiting, Whitneyville, 18th Eastern Division, 18th Middle Division, and 19th Middle Division.</P> </EXTRACT> <CITA>[49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50 FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.<SU>2</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>2</SU> Requirements under all other applicable Federal domestic plant quarantines must also be met.</P> </FTNT> <P>Any regulated article may be moved interstate from any regulated area in a quarantined State only if moved under the following conditions:</P> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.91-5 and 301.91-8 of this subpart; or</P> <P>(b) Without a certificate or limited permit;</P> <P>(1) If moved to a contiguous regulated area; or</P> <P>(2)(i) If moved directly through (moved without stopping except under normal traffic conditions such as traffic lights or stop signs) any regulated area in an enclosed vehicle or in an enclosed container on a vehicle to prevent the introduction of European larch canker;</P> <P>(ii) If the article originated outside of any regulated area; and</P> <P>(iii) If the point of origin of any article is clearly indicated by shipping documents and its identity has been maintained.</P> </SECTION> <SECTION> <SECTNO>§ 301.91-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate shall be issued by an inspector, except as provided in paragraph (c) of this section, for the movement of a regulated article if such inspector:</P> <P>(1)(i) Determines based on inspection of the premises of origin that the premises are free from European larch canker; or</P> <P>(ii) Determines that it has been grown, processed, stored, or handled in such a manner that the regulated article is free of European larch canker; and</P> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>3</SU> <FTREF/> to prevent the spread of European larch canker; and</P> <FTNT> <P> <SU>3</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to such article.</P> <P>(b) A limited permit shall be issued by an inspector, except as provided in paragraph (c) of this section, for the movement of a regulated article if such inspector:</P> <P>(1) Determines, in consultation with the Deputy Administrator, that it is to be moved to a specified destination for specified handling, utilization, or processing (such destination and other conditions to be specified on the limited permit), when, upon evaluation of all of the circumstances involved in each case, it is determined that such movement will not result in the spread of European larch canker because the disease will be destroyed by such specified handling, utilization, or processing;</P> <P>(2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>3</SU> <FTREF/> to prevent the spread of European larch canker; and</P> <FTNT> <P> <SU>3</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines and regulations applicable to such article.</P> <P>(c) Certificates and limited permits may be issued by any person engaged in the business of growing, handling, or moving regulated articles provided such person has entered into and is operating under a compliance agreement. Any such person may execute and issue a certificate or limited permit for the interstate movement of a regulated article if an inspector has previously <PRTPAGE P="139"/>made the determination that the article is eligible for a certificate in accordance with § 301.91-5(a) or is eligible for a limited permit in accordance with § 301.91-5(b).</P> <P>(d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if such inspector determines that the holder thereof has not complied with any conditions under the regulations for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in witing, stating the reasons for such decision, as promptly as circmstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator.</P> <CITA>[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-6</SECTNO> <SUBJECT>Compliance agreement and cancellation thereof.</SUBJECT> <P>(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. <SU>4</SU> <FTREF/> The compliance agreement shall be a written agreement between a person engaged in such a business and Plant Protection and Quarantine, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.</P> <FTNT> <P> <SU>4</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in telephone directories).</P> </FTNT> <P>(b) Any compliance agreement may be cancelled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons therefor shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, to the Deputy Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator.</P> <CITA>[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.91-5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector <SU>5</SU> <FTREF/> to take any necessary action under this subpart prior to movement of the regulated article.</P> <FTNT> <P> <SU>5</SU> Inspectors are assigned to local offices of Plant Protection and Quarantine which are listed in telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) Such articles shall be assembled at such point and in such manner as the inspector designates as necessary <PRTPAGE P="140"/>to comply with the requirements of this subpart.</P> <CITA>[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.91-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the containers containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; <E T="03">Provided, however,</E> That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill or other shipping documents only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify such article.</P> <P>(b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment.</P> </SECTION> <SECTION> <SECTNO>§ 301.91-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector shall be furnished without cost, except as provided in 7 CFR part 354. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Oriental Fruit Fly</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>58 FR 8521, Feb. 16, 1993, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.93</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>No person shall move interstate from any quarantined area any regulated article except in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance, and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <CITA>[58 FR 8521, Feb. 16, 1993, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS or Service).</P> <P> <E T="03">Certificate.</E> A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of Oriental fruit fly and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between the Animal and Plant Health Inspection Service and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart.</P> <P> <E T="03">Core area.</E> The 1 square mile area surrounding each property where Oriental fruit fly has been detected.</P> <P> <E T="03">Day degrees.</E> A mathematical construct combining average temperature over time that is used to calculate the length of an Oriental fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: </P> <FP SOURCE="FP-2">[(Minimum Daily Temp + Maximum Daily Temp)/2]−54°=Day Degrees</FP> <P> <E T="03">Drip area.</E> The area under the canopy of a plant.</P> <P> <E T="03">Infestation.</E> The presence of the Oriental fruit fly or the existence of circumstances that make it reasonable to <PRTPAGE P="141"/>believe that the Oriental fruit fly is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document, in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is eligible for interstate movement in accordance with § 301.93-5(b) of this subpart only to a specified destination and only in accordance with specified conditions.</P> <P> <E T="03">Moved (Move, Movement).</E> Shipped, offered for shipment, received for transportation or transported, carried, or allowed to be moved, shipped, transported, or carried by any means.</P> <P> <E T="03">Oriental fruit fly.</E> The insect known as Oriental fruit fly (<E T="03">Bactrocera dorsalis</E> (Hendel)) in any stage of development.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.93-3(c) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.93-2 of this subpart or otherwise designated as a regulated article in accordance with § 301.93-2(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.93-3(b) of this subpart.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory or possession of the United States.</P> <CITA>[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) The following fruits, nuts, vegetables, and berries: </P> <EXTRACT> <P>Akia (<E T="03">Wikstromeia phyllyraefolia</E>)</P> <P>Alexander laurel (<E T="03">Calophyllum inophyllum</E>)</P> <P>Apple (<E T="03">Malus sylvestris</E>)</P> <P>Apricot (<E T="03">Prunus armeniaca</E>)</P> <P>Avocado (<E T="03">Persea americana</E>)</P> <P>Banana (<E T="03">Musa paradisiaca var. sapientum</E>) (<E T="03">Musa</E> x <E T="03">paradisiaca</E>)</P> <P>Banana, dwarf (<E T="03">Musa nana</E>)</P> <P>Barbados cherry (<E T="03">Malpighia glabra</E>)</P> <P>Bell pepper (<E T="03">Capsicum annum</E>)</P> <P>Brazil cherry (<E T="03">Eugenia dombeyi</E>)</P> <P>Breadfruit (<E T="03">Artocarpus altilis</E>)</P> <P>Cactus (<E T="03">Cereus coerulescens</E>)</P> <P>Caimitillo (<E T="03">Chrysophyllum oliviforme</E>)</P> <P>Cashew (<E T="03">Anacardium occidentale</E>)</P> <P>Cherimoya (<E T="03">Anonna Cherimola</E>)</P> <P>Cherry, Catalina (<E T="03">Prunus ilicifolia</E>)</P> <P>Cherry, Portuguese (<E T="03">P. lusitanica</E>)</P> <P>Chile (<E T="03">Capsicum annum</E>)</P> <P>Coffee, Arabian (<E T="03">Coffea arabica</E>)</P> <P>Country gooseberry (<E T="03">Averrhoa carambola</E>)</P> <P>Cucumber (<E T="03">Cucumis sativas</E>)</P> <P>Custard apple (<E T="03">Annona reticulata</E>)</P> <P>Date palm (<E T="03">Phoenix dactylifera</E>)</P> <P>Dragon tree (<E T="03">Dracena draco</E>)</P> <P>Eggfruit tree (<E T="03">Pouteria campechiana</E>)</P> <P>Elengi tree (<E T="03">Mimusops elengi</E>)</P> <P>Fig (<E T="03">Ficus carica</E>)</P> <P>Gourka (<E T="03">Garcinia celebica</E>)</P> <P>Granadilla, sweet (<E T="03">Passiflora ligularis</E>)</P> <P>Grape (<E T="03">Vitis</E> spp.)</P> <P>Grapefruit (<E T="03">Citrus paradisi</E>)</P> <P>Guava (<E T="03">Psidium guajava</E>), (<E T="03">P. littorale</E>), (<E T="03">P. cattleianum</E>)</P> <P>Imbu (<E T="03">Spondias tuberosa</E>)</P> <P>Jackfruit (<E T="03">Artocarpus heterophyllus</E>)</P> <P>Jerusalem cherry (<E T="03">Solanum pseudocapsicum</E>)</P> <P>Kitembilla (<E T="03">Dovyalis hebecarpa</E>)</P> <P>Kumquat (<E T="03">Fortunella japonica</E>)</P> <P>Laurel (<E T="03">Calophyllum inophyllum</E>)</P> <P>Lemon (<E T="03">Citrus limon</E>)</P> <P>Lime, key or Mexican (<E T="03">Citrus aurantifolia</E>)</P> <P>Lime, Persian (<E T="03">Citrus latifolia</E>)</P> <P>Lime, sweet (<E T="03">Citrus limetioides</E>)</P> <P>Longan (<E T="03">Euphoria longan</E>)</P> <P>Loquat (<E T="03">Eriobotrya japonica</E>)</P> <P>Lychee nut (<E T="03">Lychee chinensis</E>)</P> <P>Malay apple (<E T="03">Eugenia malaccensis</E>)</P> <P>Mammee apple (<E T="03">Mammea americana</E>)</P> <P>Mandarin orange (<E T="03">Citrus reticulata</E>) (<E T="03">tangerine</E>)</P> <P>Mango (<E T="03">Mangifera indica</E>)</P> <P>Mangosteen (<E T="03">Garcinia mangostana</E>)</P> <P>Mock orange (<E T="03">Murraya exotica</E>)</P> <P>Mulberry (<E T="03">Morus nigra</E>)</P> <P>Myrtle, downy rose (<E T="03">Rhodomyrtus tomentosa</E>)</P> <P>Natal plum (<E T="03">Crissa grandiflora</E>)</P> <P>Nectarine (<E T="03">Prunus persica var. nectarina</E>)</P> <P>Oleander, yellow (<E T="03">Thevetia peruviana</E>)</P> <P>Orange, calamondin (<E T="03">Citrus reticulata x. fortunella</E>)</P> <P>Orange, Chinese (<E T="03">Fortunella japonica</E>)</P> <P>Orange, king (<E T="03">Citrus reticulata x. C. sinensis</E>)</P> <P>Orange, sweet (<E T="03">Citrus sinensis</E>)</P> <P>Orange, Unshu (<E T="03">Citrus reticulata var. Unshu</E>)</P> <P>Oriental bush red pepper (<E T="03">Capsicum frutescens abbbreviatum</E>)</P> <P>Otaheite apple (<E T="03">Spondias dulcis</E>)</P> <P>Palm, syrup (<E T="03">Jubaea spectabilis</E>)</P> <P>Papaya (<E T="03">Carica papaya</E>)</P> <P>Passionflower (<E T="03">Passiflora edulis</E>)</P> <P>Passionflower, softleaf (<E T="03">Passiflora mollissima</E>)</P> <P>Passionfruit (<E T="03">Passiflora edulis</E>) (<E T="03">yellow lilikoi</E>)<PRTPAGE P="142"/> </P> <P>Peach (<E T="03">Prunus persica</E>)</P> <P>Pear (<E T="03">Pyrus communis</E>)</P> <P>Pepino (<E T="03">Solanum muricatum</E>)</P> <P>Pepper, sweet (<E T="03">Capsicum frutescens var. grossum</E>)</P> <P>Persimmon, Japanese (<E T="03">Diospyros kaki</E>)</P> <P>Pineapple guava (<E T="03">Feijoa sellowiana</E>)</P> <P>Plum (<E T="03">Prunus americana</E>)</P> <P>Pomegranate (<E T="03">Punica granatum</E>)</P> <P>Prickly pear (<E T="03">Opuntia megacantha</E>) (<E T="03">Opuntia ficus indica</E>)</P> <P>Prune (<E T="03">Prunus domestica</E>)</P> <P>Pummelo (<E T="03">Citrus grandis</E>)</P> <P>Quince (<E T="03">Cydonia oblonga</E>)</P> <P>Rose apple (<E T="03">Eugenia jambos</E>)</P> <P>Sandalwood (<E T="03">Santalum paniculatum</E>)</P> <P>Sandalwood, white (<E T="03">Santalum album</E>)</P> <P>Santol (<E T="03">Sandericum koetjape</E>)</P> <P>Sapodilla (<E T="03">Manilkara zapota</E>)</P> <P>Sapodilla, chiku (<E T="03">Manilkara zapota</E>)</P> <P>Sapota, white (<E T="03">Casimiroa edulis</E>)</P> <P>Seagrape (<E T="03">Coccoloba uvifera</E>)</P> <P>Sour orange (<E T="03">Citrus aurantium</E>)</P> <P>Soursop (<E T="03">Annona muricata</E>)</P> <P>Star apple (<E T="03">Chryosophyllum cainito</E>)</P> <P>Surinam cherry (<E T="03">Eugenia uniflora</E>)</P> <P>Tomato (<E T="03">Lycopersicon esculentum</E>)</P> <P>Tropical almond (<E T="03">Terminalia catappa</E>) (<E T="03">Terminalia chebula</E>)</P> <P>Velvet apple (<E T="03">Diospyros discolor</E>)</P> <P>Walnut (<E T="03">Juglans hindsii</E>)</P> <P>Walnut, English (<E T="03">Juglans regia</E>)</P> <P>Wampi (<E T="03">Citrus lansium</E>)</P> <P>West Indian cherry (<E T="03">Malpighia punicifolia</E>)</P> <P>Ylang-Ylang (<E T="03">Cananga odorata</E>)</P> </EXTRACT> <P>Any fruits, nuts, vegetables, or berries that are canned or dried or frozen below −17.8 °C. (0 °F.) are not regulated articles.</P> <P>(b) Soil within the drip area of plants that are producing or have produced the fruits, nuts, vegetables, or berries listed in paragraph (a) of this section.</P> <P>(c) Any other product, article, or means of conveyance not covered by paragraph (a) or (b) of this section that an inspector determines presents a risk of spread of the Oriental fruit fly and notifies the person in possession of it that the product, article, or means of conveyance is subject to the restrictions of this subpart.</P> <CITA>[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the Oriental fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Oriental fruit fly is present, or that the Administrator considers necessary to regulate because of its proximity to the Oriental fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Oriental fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the Oriental fruit fly.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section for listing quarantined areas. The Administrator will give written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) The areas described below are designated as quarantined areas: </P> <EXTRACT> <HD SOURCE="HD1">California</HD> <P> <E T="03">San Bernardino County.</E> That portion of the county beginning at the intersection of Interstate Highway 10 and Mills Avenue; then east on Mills Avenue to Haven Avenue; then south on Haven Avenue to Edison Avenue; then west on Edison Avenue to Archibald Avenue; then south on Archibald Avenue to Merrill Avenue; then west on Merrill Avenue to Carpenter Avenue; then south on Carpenter Avenue to Remington Avenue; <PRTPAGE P="143"/>then west on Remington Avenue to Grove Avenue; then south on Grove Avenue to Kimball Avenue; then west on Kimball Avenue to El Prado Road; then northwest on El Prado Road to Central Avenue; then southwest on Central Avenue to State Highway 71; then northwest on State Highway 71 to Schaefer Avenue; then east on Schaefer Avenue to East End Avenue; then north on East End Avenue to Grand Avenue; then east on Grand Avenue to Kadota Avenue; then north on Kadota Avenue to Mills Avenue; then northeast on Mills Avenue to the point of beginning.</P> <P> <E T="03">San Diego County.</E> That portion of the county beginning at the intersection of State Highway 94 and Sweetwater Springs Boulevard; then south along Sweetwater Springs Boulevard to its intersection with U.S. Elevator Road; then south from the intersection of Sweetwater Springs Boulevard and U.S. Elevator Road along an imaginary line to the intersection of ProctorValley Road and Lane Avenue; then south on Lane Avenue to Otay Lakes Road; then west on Otay Lakes Road to Telegraph Canyon Road; then west on Telegraph Canyon Road to Hilltop Drive; then north on Hilltop Drive to J Street; then west on J Street to 4th Avenue; then north on 4th Avenue to H Street; then west on H Street to Broadway; then north on Broadway to E Street; then west on E Street to Interstate Highway 5; then north on Interstate Highway 5 to State Highway 15; then north on State Highway 15 to State Highway 94; then east on State Highway 94 to Interstate Highway 805; then north on Interstate Highway 805 to Home Avenue; then northeast on Home Avenue to Euclid Avenue; then north on Euclid Avenue to University Avenue; then east on University Avenue to Massachusetts Avenue; then south on Massachusetts Avenue to State Highway 94; then east on State Highway 94 to the point of beginning.</P> </EXTRACT> <CITA>[58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62 FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct. 14, 1997; 63 FR 16878, Apr. 7, 1998; 64 FR 31964, June 15, 1999; 64 FR 52214, Sept. 28, 1999; 64 FR 55812, Oct. 15, 1999; 65 FR 26488, May 8, 2000; 66 FR 46366, Sept. 5, 2001; 66 FR 55068, Nov. 1, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: <SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.93-5 and 301.93-8 of this subpart;</P> <P>(b) Without a certificate or limited permit, if:</P> <P>(1) The regulated article originated outside of any quarantined area and is moved directly through (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs) the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Oriental fruit flies (such as canvas, plastic, or closely woven cloth) while moving through the quarantined area; and</P> <P>(2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area.</P> <P>(c) Without a certificate or limited permit, if the regulated article is moved:</P> <P>(1) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Pursuant to a permit issued by the Administrator for the regulated article;</P> <P>(3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of Oriental fruit fly; and</P> <P>(4) With a tag or label bearing the number of the permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.93-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) An inspector <SU>3</SU> <FTREF/> will issue a certificate for the interstate movement of a <PRTPAGE P="144"/>regulated article if the inspector determines that:</P> <FTNT> <P> <SU>3</SU> Inspectors are assigned to local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories. Information concerning these offices may also be obtained from the Animal and <PRTPAGE/>Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(1) (i) The regulated article has been treated in accordance with § 301.93-10 of this subpart; or</P> <P>(ii) Based on inspection of the premises of origin, or treatment of the premises of origin in accordance with § 301.93-10(c) of this subpart, the premises are free from Oriental fruit flies and the regulated article has not been exposed to Oriental fruit fly; or</P> <P>(iii) Based on inspection of the regulated article, it is free of Oriental fruit fly; and</P> <P>(2) The regulated article is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>4</SU> <FTREF/> to prevent the spread of the Oriental fruit fly; and</P> <FTNT> <P> <SU>4</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(3) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that:</P> <P>(1) The regulated article is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the Oriental fruit fly because life stages of the Oriental fruit fly will be destroyed by the specified handling, utilization, or processing.</P> <P>(2) The regulated article is to be moved interstate in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>4</SU> to prevent the spread of the Oriental fruit fly; and</P> <P>(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) Certificates and limited permits for use for interstate movement of regulated articles may be issued by an inspector or person engaged in growing, handling, or moving regulated articles provided the person is operating under a compliance agreement. A person operating under a compliance agreement may execute a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may execute a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally or in writing, if the inspector determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a <PRTPAGE P="145"/>hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994; 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the interstate movement of regulated articles under this subpart.<SU>5</SU> <FTREF/> </P> <FTNT> <P> <SU>5</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, and from local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories.</P> </FTNT> <P>(b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing shall be adopted by the Administrator.</P> <CITA>[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.93-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.93-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector <SU>6</SU> <FTREF/> as far in advance of the desired interstate movement as possible (but no less than 48 hours before the desired interstate movement).</P> <FTNT> <P> <SU>6</SU> See footnote 3 at § 301.93-5(a).</P> </FTNT> <P>(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.93-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during the interstate movement, must be attached to the outside of the container containing the regulated article, attached to the regulated article itself if not in a container, or attached to the consignee's copy of the accompanying waybill: <E T="03">Provided however,</E> That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill only if the regulated article is sufficiently described on the certificate, limited permit, or waybill to identify the regulated article.</P> <P>(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.93-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.93-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatment schedules listed in the Plant Protection and Quarantine Treatment manual to destroy the Oriental fruit fly are approved for use on <PRTPAGE P="146"/>regulated articles. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference”. The following treatments can be used for bell pepper, citrus and grape, tomato, premises, and soil:</P> <P>(a) <E T="03">Fruits and vegetables</E> <SU>7</SU> <FTREF/>—(1) <E T="03">Bell Pepper</E>—(i) <E T="03">Vapor Heat.</E> Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of bell pepper reaches 44.4 °C (112 °F.). Maintain at 44.4 °C. (112 °F.) for 8<FR>3/4</FR> hours, then immediately cool.</P> <FTNT> <P> <SU>7</SU> Some varieties of fruit may be injured by approved treatments. The USDA is not liable for damages caused by this quarantine. Commodities should be tested by the shipper to determine each commodity's tolerance before commercial shipments are attempted.</P> </FTNT> <P>(2) <E T="03">Citrus and grapes</E>—(i) <E T="03">Fumigation plus refrigeration.</E> Fumigate at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 32 g/m<SU>3</SU> methyl bromide at 21 °C. (70 °F.) or above, minimum gas concentrations 25 g/m<SU>3</SU> at <FR>1/2</FR> hour, 18 g/m<SU>3</SU> at 2 or 2<FR>1/2</FR> hours, 17 g/m<SU>3</SU> at 3 hours. Fumigate for a minimum of 2 hours. Then, aerate fruit at least 2 hours before refrigeration (but begin refrigeration no more than 24 hours after fumigation is completed). Refrigerate based upon fumigation exposure time listed in the table below:</P> <GPOTABLE CDEF="s10,6,xs84" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Fumigation exposure time</CHED> <CHED H="1">Refrigeration</CHED> <CHED H="2">Days</CHED> <CHED H="2">Temperature</CHED> </BOXHD> <ROW> <ENT I="01">2 hours</ENT> <ENT>4</ENT> <ENT>0.55-2.7 °C. (33-37 °F.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>11</ENT> <ENT>3.33-8.3 °C. (38-47 °F.)</ENT> </ROW> <ROW> <ENT I="01">2<FR>1/2</FR> hours</ENT> <ENT>4</ENT> <ENT>1.11-4.44 °C. (34-40 °F.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>6</ENT> <ENT>5.0-8.33 °C. (41-47 °F.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>10</ENT> <ENT>8.88-13.33 °C. (48-56 °F.)</ENT> </ROW> <ROW> <ENT I="01">3 hours</ENT> <ENT>3</ENT> <ENT>6.11-8.33 °C. (43-47 °F.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>6</ENT> <ENT>9.88-13.33 °C. (48-56 °F.)</ENT> </ROW> </GPOTABLE> <P>(ii) <E T="03">Refrigeration plus fumigation.</E> Refrigerate for 21 days at 0.55 °C. (33 °F.) or below, then fumigate at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with—</P> <P>(A) 48 g/m<SU>3</SU> (3 lb/1000 ft<SU>3</SU>) methyl bromide for 2 hours at 4.5 °C. (40-59 °F.), minimum gas concentration 44 g/m<SU>3</SU> at <FR>1/2</FR> hour, 36 g/m<SU>3</SU> at 2 hours; or</P> <P>(B) 40 g/m<SU>3</SU> (2<FR>1/2</FR> lb/1000 ft<SU>3</SU>) methyl bromide for 2 hours at 15.5-20.5 °C. (60-69 °F.), minimum gas concentration 36 g/m<SU>3</SU> at <FR>1/2</FR> hour, 28 g/m<SU>3</SU> at 2 hours; or</P> <P>(C) 32 g/m<SU>3</SU> (2 lb/1000 ft<SU>3</SU>) methyl bromide for 2 hours at 21-26 °C. (70-79 °F.), minimum gas concentration 30 g/m<SU>3</SU> at <FR>1/2</FR> hour, 25 g/m<SU>3</SU> at 2 hours.</P> <P>(3) <E T="03">Tomato—(i) Fumigation.</E> Fumigate with methyl bromide at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 32g/m<SU>3</SU> (2 lb/1000 ft<SU>3</SU>) for 3<FR>1/2</FR> hours at 21 °C. (70 °F.) or above, minimum gas concentration 26 g/m<SU>3</SU> at <FR>1/2</FR> hour, 14 g/m<SU>3</SU> at 4 hours.</P> <P>(ii) <E T="03">Vapor heat.</E> Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of tomato reaches 44.4 °C. (112 °F.). Maintain at 44.4 °C. (112 °F.) for 8<FR>3/4</FR> hours, then immediately cool.</P> <P>(b) <E T="03">Premises.</E> A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with malathion bait spray. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Oriental Fruit Fly. Determination of the time period must be based on the day degrees model for Oriental fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 ounces of technical grade malathion and 9.6 ounces of protein hydrolysate per acre.</P> <P>(c) <E T="03">Soil</E>. Soil within the drip area of plants which are producing or have produced the fruits, nuts, vegetables, and berries listed in § 301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the drip area with sufficient water to wet the soil to at least a depth of <FR>1/2</FR> inch. Both immersion and pour-on treatment procedures are also acceptable.</P> <CITA>[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Melon Fruit Fly</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>65 FR 8636, Feb. 22, 2000, unless otherwise noted.</P> </SOURCE> <SECTION> <PRTPAGE P="147"/> <SECTNO>§ 301.97</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles. </SUBJECT> <P>No person may move interstate from any quarantined area any regulated article except in accordance with this subpart <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <CITA>[65 FR 8636, Feb. 22, 2000, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.97-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.</P> <P> <E T="03">Certificate.</E> A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of melon fruit fly and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart.</P> <P> <E T="03">Departmental permit.</E> A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.97-4(d) of this subpart.</P> <P> <E T="03">Dripline.</E> The line around the canopy of a plant.</P> <P> <E T="03">Infestation.</E> The presence of the melon fruit fly or the existence of circumstances that makes it reasonable to believe that the melon fruit fly is present.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.97-5(b) of this subpart only to a specified destination and only in accordance with specified conditions.</P> <P> <E T="03">Melon fruit fly.</E> The insect known as the melon fruit fly, <E T="03">Bactrocera cucurbitae</E> (Coquillett), in any stage of development.</P> <P> <E T="03">Moved (move, movement).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Plant Protection and Quarantine.</E> Plant Protection and Quarantine, Animal and Plant Health Inspection Service, United States Department of Agriculture.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.97-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.97-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.97-2 or otherwise designated as a regulated article in accordance with § 301.97-2(e).</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 301.97-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) Melon fruit flies.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> Permit and other requirements for the interstate movement of melon fruit flies are contained in part 330 of this chapter.</P> </FTNT> <P>(b) The following fruits and vegetables: </P> <EXTRACT> <FP SOURCE="FP-1">Apple (<E T="03">Malus sylvestris</E>)</FP> <FP SOURCE="FP-1">Apple, custard (<E T="03">Annona reticulata</E>)</FP> <FP SOURCE="FP-1">Avocado (<E T="03">Persea americana</E>)</FP> <FP SOURCE="FP-1">Bean, hyacinth (<E T="03">Dolichos lablab</E>)</FP> <FP SOURCE="FP-1">Bean, lima (<E T="03">Phaseolus lunatus = Phaseolus limensis</E>)<PRTPAGE P="148"/> </FP> <FP SOURCE="FP-1">Bean, mung (<E T="03">Phaseolus vulgaris</E>)</FP> <FP SOURCE="FP-1">Cantaloupe (<E T="03">Cucumis melo</E> and <E T="03">Cucumis melo</E> var. <E T="03">Cantalupensis</E>)</FP> <FP SOURCE="FP-1">Cauliflower (<E T="03">Brassica oleracea</E> var. <E T="03">botrytis</E>)</FP> <FP SOURCE="FP-1">Chayote (<E T="03">Sechium edule</E>)</FP> <FP SOURCE="FP-1">Colocynth (<E T="03">Citrullus colocynthis</E>)</FP> <FP SOURCE="FP-1">Cowpea (<E T="03">Vigna unguiculata</E>)</FP> <FP SOURCE="FP-1">Cucumber (<E T="03">Cucumis sativus</E>)</FP> <FP SOURCE="FP-1">Cucumber, bur (<E T="03">Sicyes</E> sp.)</FP> <FP SOURCE="FP-1">Cucurbit (<E T="03">Cucumis pubescens</E> and <E T="03">Cucumis trigonus</E>)</FP> <FP SOURCE="FP-1">Date palm (<E T="03">Phoenix dactylifera</E>)</FP> <FP SOURCE="FP-1">Eggplant (<E T="03">Solanum melongena</E>)</FP> <FP SOURCE="FP-1">Fig (<E T="03">Ficus carica</E>)</FP> <FP SOURCE="FP-1">Gourds</FP> <FP SOURCE="FP1-2">(<E T="03">Coccinia</E> spp.)</FP> <FP SOURCE="FP1-2">(<E T="03">Cresentia</E> spp.)</FP> <FP SOURCE="FP1-2">(<E T="03">Lagenaria</E> spp.)</FP> <FP SOURCE="FP1-2">(<E T="03">Luffa</E> spp.)</FP> <FP SOURCE="FP1-2">(<E T="03">Momordica</E> spp.)</FP> <FP SOURCE="FP1-2">(<E T="03">Trichosanthis</E> spp.)</FP> <FP SOURCE="FP-1">Grape (<E T="03">Vitis trifolia</E>)</FP> <FP SOURCE="FP-1">Guava (<E T="03">Psidium guajava</E>)</FP> <FP SOURCE="FP-1">Guava, cattley (<E T="03">Psidium cattlelanum</E>)</FP> <FP SOURCE="FP-1">Lemon, water (<E T="03">Passiflora laurifolia</E>)</FP> <FP SOURCE="FP-1">Mango (<E T="03">Mangifera indica</E>)</FP> <FP SOURCE="FP-1">Melon (<E T="03">Citrullus</E> spp.)</FP> <FP SOURCE="FP-1">Melon, Chinese (<E T="03">Benincasa hispida</E>)</FP> <FP SOURCE="FP-1">Melon, oriental pickling (<E T="03">Cucumis melo</E> var. <E T="03">conomon</E>)</FP> <FP SOURCE="FP-1">Mustard, leaf (<E T="03">Brassica juncea</E>)</FP> <FP SOURCE="FP-1">Okra (<E T="03">Hibiscus esculentus</E>)</FP> <FP SOURCE="FP-1">Orange, king (<E T="03">Citrus nobilis</E>)</FP> <FP SOURCE="FP-1">Orange, mandarin (<E T="03">Citrus reticulata</E>)</FP> <FP SOURCE="FP-1">Orange, sweet (<E T="03">Citrus sinensis</E>)</FP> <FP SOURCE="FP-1">Papaya (<E T="03">Carica papaya</E>)</FP> <FP SOURCE="FP-1">Passion fruit (<E T="03">Passiflora edulis</E>)</FP> <FP SOURCE="FP-1">Peach (<E T="03">Prunus persica</E>)</FP> <FP SOURCE="FP-1">Pear (<E T="03">Pyrus communis</E>)</FP> <FP SOURCE="FP-1">Pepper (<E T="03">Capsicum annum</E>)</FP> <FP SOURCE="FP-1">Pepper, chile (<E T="03">Capsicum annum</E>)</FP> <FP SOURCE="FP-1">Pepper, tobasco (<E T="03">Capsicum frutescens</E>)</FP> <FP SOURCE="FP-1">Pumpkin (<E T="03">Cucurbita pepo</E>)</FP> <FP SOURCE="FP-1">Pumpkin, Canada (<E T="03">Cucurbita moschata</E>)</FP> <FP SOURCE="FP-1">Scarlet wisteria tree (<E T="03">Sesbania grandiflora</E>)</FP> <FP SOURCE="FP-1">Soursop (<E T="03">Annona muricata</E>)</FP> <FP SOURCE="FP-1">Squash (<E T="03">Cucurbita maxima</E>)</FP> <FP SOURCE="FP-1">Tomato (<E T="03">Lycopersicon esculentum</E>)</FP> <FP SOURCE="FP-1">Tomato, tree (<E T="03">Cyphomandra betaceae</E>)</FP> <FP SOURCE="FP-1">Watermelon (<E T="03">Citrullus lanatus</E> = <E T="03">Citrullus vulgaris</E>)</FP> </EXTRACT> <P>Any fruits or vegetables that are canned or dried or frozen below −17.8 °C. (0 °F.) are not regulated articles.</P> <P>(c) Soil within the dripline of plants that are producing or have produced the fruits or vegetables listed in paragraph (b) of this section.</P> <P>(d) Plants of the following species in the family Cucurbitaceae: </P> <EXTRACT> <FP SOURCE="FP-1">Cantaloupe (<E T="03">Cucumis melo</E>)</FP> <FP SOURCE="FP-1">Chayote (<E T="03">Sechium edule</E>)</FP> <FP SOURCE="FP-1">Colocynth (<E T="03">Citrullus colocynthis</E>)</FP> <FP SOURCE="FP-1">Cucumber (<E T="03">Cucumis sativus</E>)</FP> <FP SOURCE="FP-1">Cucumber, bur (<E T="03">Sicyos</E> sp.)</FP> <FP SOURCE="FP-1">Cucurbit, wild (<E T="03">Cucumis trigonus</E>)</FP> <FP SOURCE="FP-1">Gherkin, West India (<E T="03">Cucumis angaria</E>)</FP> <FP SOURCE="FP-1">Gourd, angled luffa (<E T="03">Luffa acutangula</E>)</FP> <FP SOURCE="FP-1">Gourd, balsam apple (<E T="03">Momordica balsaminia</E>)</FP> <FP SOURCE="FP-1">Gourd, ivy (<E T="03">Coccinia grandis</E>)</FP> <FP SOURCE="FP-1">Gourd, kakari (<E T="03">Momordica dioica</E>)</FP> <FP SOURCE="FP-1">Gourd, serpent cucumber (<E T="03">Trichosanthis anguina</E>)</FP> <FP SOURCE="FP-1">Gourd, snake (<E T="03">Trichosanthis cucumeroides</E>)</FP> <FP SOURCE="FP-1">Gourd, sponge (<E T="03">Luffa aegyptiaca</E>)</FP> <FP SOURCE="FP-1">Gourd, white flowered (<E T="03">Lagenaria siceraria</E>)</FP> <FP SOURCE="FP-1">Melon, Chinese (<E T="03">Benincasa hispida</E>)</FP> <FP SOURCE="FP-1">Melon, long (<E T="03">Cucumis utilissimus</E>)</FP> <FP SOURCE="FP-1">Pumpkin (<E T="03">Cucurbita pepo</E>)</FP> <FP SOURCE="FP-1">Pumpkin, Canada (<E T="03">Cucurbita moschata</E>)</FP> <FP SOURCE="FP-1">Squash (<E T="03">Cucurbita maxima</E>)</FP> <FP SOURCE="FP-1">Watermelon (<E T="03">Citrullus lanatus</E> = <E T="03">Citrullus vulgaris</E>)</FP> </EXTRACT> <P>(e) Any other product, article, or means of conveyance not listed in paragraphs (a) through (d) of this section that an inspector determines presents a risk of spreading the melon fruit fly, when the inspector notifies the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.97-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the melon fruit fly has been found by an inspector, in which the Administrator has reason to believe that the melon fruit fly is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which the melon fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the melon fruit fly.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with <PRTPAGE P="149"/>paragraph (a) of this section. The Administrator will give a copy of this regulation along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) The areas described below are designated as quarantined areas: There are no areas in the continental United States quarantined for the melon fruit fly.</P> <CITA>[65 FR 8636, Feb. 22, 2000, as amended at 65 FR 39780, June 28, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.97-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>Any regulated article may be moved interstate from a quarantined area <SU>3</SU> <FTREF/> only if moved under the following conditions:</P> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with§§ 301.97-5 and 301.97-8 of this subpart;</P> <P>(b) Without a certificate or limited permit if:</P> <P>(1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by melon fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and</P> <P>(2) The point of origin of the regulated article is indicated on the waybill.</P> <P>(c) Without a certificate or limited permit if:</P> <P>(1) The regulated article originated outside any quarantined area and is moved through (without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs) the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by melon fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and</P> <P>(2) The point of origin of the regulated article is indicated on the waybill and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area.</P> <P>(d) Without a certificate or limited permit if the regulated article is moved:</P> <P>(1) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Pursuant to a Departmental permit issued by the Administrator for the regulated article;</P> <P>(3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of the melon fruit fly; and</P> <P>(4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.97-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate may be issued by an inspector <SU>4</SU> <FTREF/> for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>4</SU> Services of an inspector may be requested by contacting local offices of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236.</P> </FTNT> <P>(1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.97-10 of this subpart; or<PRTPAGE P="150"/> </P> <P>(ii) Based on inspection of the premises of origin, the premises are free from the melon fruit fly; or</P> <P>(iii) Based on inspection of the regulated article, the regulated article is free of melon fruit flies; and</P> <P>(2) The regulated article will be moved through the quarantined area in an enclosed vehicle or will be completely enclosed by a covering adequate to prevent access by the melon fruit fly; and</P> <P>(3) The regulated article is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) <SU>5</SU> <FTREF/> to prevent spread of the melon fruit fly; and</P> <FTNT> <P> <SU>5</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(b) An inspector <SU>6</SU> <FTREF/> will issue a limited permit for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>6</SU> See footnote 4 to § 301.97-5(a).</P> </FTNT> <P>(1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the melon fruit fly because life stages of the melon fruit fly will be destroyed by the specified handling, processing, or utilization;</P> <P>(2) The regulated article is to be moved in compliance with any additional conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the melon fruit fly; and</P> <P>(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all conditions in this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[65 FR 8636, Feb. 22, 2000, as amended at 66 FR 21053, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.97-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines <PRTPAGE P="151"/>that the person understands this subpart and agrees to comply with its provisions.<SU>7</SU> <FTREF/> </P> <FTNT> <P> <SU>7</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236, and from local offices of the Plant Protection and Quarantine, which are listed in telephone directories.</P> </FTNT> <P>(b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 301.97-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.97-5(c)) who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector <SU>8</SU> <FTREF/> as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement.</P> <FTNT> <P> <SU>8</SU> See footnote 4 to § 301.97-5(a).</P> </FTNT> <P>(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.97-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be:</P> <P>(1) Attached to the outside of the container containing the regulated article, or</P> <P>(2) Attached to the regulated article itself if not in a container, or</P> <P>(3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article.</P> <P>(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.97-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.97-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatment schedules listed in the Plant Protection and Quarantine Treatment Manual to destroy the melon fruit fly are authorized for use on regulated articles. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.” The following treatments also may be used for the regulated articles indicated:</P> <P>(a) <E T="03">Soil within the dripline of plants that are producing or have produced the fruits and vegetables listed in § 301.97-2(a) of this subpart.</E> Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the dripline <PRTPAGE P="152"/>with sufficient water to wet the soil to at least a depth of <FR>1/2</FR> inch.</P> <P>(b) [Reserved]</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—West Indian Fruit Fly</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>66 FR 6433, Jan. 22, 2001, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 301.98</SECTNO> <SUBJECT>Restrictions on interstate movement of regulated articles.</SUBJECT> <P>No person may move interstate from any quarantined area any regulated article except in accordance with this subpart.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in section 414 of the Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 444, 7 U.S.C. 7714).</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 301.98-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture.</P> <P> <E T="03">Certificate.</E> A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of West Indian fruit fly and may be moved interstate to any destination.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart.</P> <P> <E T="03">Core area.</E> The 1-square-mile area surrounding each property where West Indian fruit fly has been detected.</P> <P> <E T="03">Day degrees.</E> A mathematical construct combining average temperature over time that is used to calculate the length of a West Indian fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: (Minimum Daily Temp+ Maximum Daily Temp)/2)−59°=Day Degrees.</P> <P> <E T="03">Departmental permit.</E> A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.98-4(c) of this subpart.</P> <P> <E T="03">Dripline.</E> The line around the canopy of a plant.</P> <P> <E T="03">Infestation.</E> The presence of the West Indian fruit fly or the existence of circumstances that makes it reasonable to believe that the West Indian fruit fly is present.</P> <P> <E T="03">Inspector.</E> Any employee of the APHIS, U.S. Department of Agriculture, or other person authorized by the Administrator to perform the duties required under this subpart.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.98-5(b) of this subpart only to a specified destination and only in accordance with specified conditions.</P> <P> <E T="03">Moved (move, movement).</E> Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.</P> <P> <E T="03">Person.</E> Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.</P> <P> <E T="03">Plant Protection and Quarantine.</E> Plant Protection and Quarantine, Animal and Plant Health Inspection Service, United States Department of Agriculture.</P> <P> <E T="03">Quarantined area.</E> Any State, or any portion of a State, listed in § 301.98-3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.98-3(b) of this subpart.</P> <P> <E T="03">Regulated article.</E> Any article listed in § 301.98-2 or otherwise designated as a regulated article in accordance with § 301.98-2(d).</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.<PRTPAGE P="153"/> </P> <P> <E T="03">West Indian fruit fly.</E> The insect known as the West Indian fruit fly, <E T="03">Anastrepha obliqua</E> (Macquart), in any stage of development.</P> <CITA>[66 FR 6433, Jan. 22, 2001; 66 FR 20186, Apr. 20, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.98-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>The following are regulated articles:</P> <P>(a) West Indian fruit flies.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> Permit and other requirements for the interstate movement of West Indian fruit flies are contained in part 330 of this chapter.</P> </FTNT> <P>(b)(1) The following fruits and vegetables:</P> <FP SOURCE="FP-1">Barbados cherry (<E T="03">Malpighia glabra</E>)</FP> <FP SOURCE="FP-1">Carambola (<E T="03">Averrhoa carambola</E>)</FP> <FP SOURCE="FP-1">Grapefruit (<E T="03">Citrus paradisi</E>)</FP> <FP SOURCE="FP-1">Granadilla, giant (<E T="03">Passiflora quadrangularis</E>)</FP> <FP SOURCE="FP-1">Guava (<E T="03">Psidium guajava</E>)</FP> <FP SOURCE="FP-1">Guava, strawberry (<E T="03">Psidium littorale</E>)</FP> <FP SOURCE="FP-1">Hog-plum (<E T="03">Spondias mombin</E>)</FP> <FP SOURCE="FP-1">Japanese plum (<E T="03">Prunus salicina</E>)</FP> <FP SOURCE="FP-1">Jew plum (<E T="03">Spondias cytherea</E>)</FP> <FP SOURCE="FP-1">Ketembilla (<E T="03">Dovyalis hebecarpa</E>)</FP> <FP SOURCE="FP-1">Lime, sweet (<E T="03">Citrus aurantifolia</E>)</FP> <FP SOURCE="FP-1">Loquat (<E T="03">Eriobotrya japonica</E>)</FP> <FP SOURCE="FP-1">Malay-apple (<E T="03">Syzygium malaccense</E>)</FP> <FP SOURCE="FP-1">Mango (<E T="03">Mangifera indica</E>)</FP> <FP SOURCE="FP-1">Orange, sour (<E T="03">Citrus aurantium</E>)</FP> <FP SOURCE="FP-1">Orange, sweet (<E T="03">Citrus sinensis</E>)</FP> <FP SOURCE="FP-1">Passion fruit (<E T="03">Passiflora edulis</E>)</FP> <FP SOURCE="FP-1">Peach (<E T="03">Prunus persica</E>)</FP> <FP SOURCE="FP-1">Pear (<E T="03">Pyrus communis</E>)</FP> <FP SOURCE="FP-1">Ramón (<E T="03">Brosimum alicastrum</E>)</FP> <FP SOURCE="FP-1">Red mombin (<E T="03">Spondias purpurea</E>)</FP> <FP SOURCE="FP-1">Rose-apple (<E T="03">Syzygium jambos</E>)</FP> <FP SOURCE="FP-1">Sapodilla (<E T="03">Manilkara zapota</E>)</FP> <FP SOURCE="FP-1">Sapote (<E T="03">Diospyros</E> spp.)</FP> <P>(2) Any fruits or vegetables that are canned or dried or frozen below −17.8 °C. (0 °F.) are not regulated articles.</P> <P>(c) Soil within the dripline of plants that are producing or have produced the fruits or vegetables listed in paragraph (b) of this section.</P> <P>(d) Any other product, article, or means of conveyance not listed in paragraphs (a) through (c) of this section that an inspector determines presents a risk of spreading the West Indian fruit fly, when the inspector notifies the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.98-3</SECTNO> <SUBJECT>Quarantined areas.</SUBJECT> <P>(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the West Indian fruit fly has been found by an inspector, in which the Administrator has reason to believe that the West Indian fruit fly is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which the West Indian fruit fly has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:</P> <P>(1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated articles; and</P> <P>(2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the West Indian fruit fly.</P> <P>(b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with paragraph (a) of this section. The Administrator will give a copy of this regulation along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.</P> <P>(c) The areas described below are designated as quarantined areas: There are no areas in the continental United <PRTPAGE P="154"/>States quarantined for the West Indian fruit fly.</P> <CITA>[66 FR 6433, Jan. 22, 2001, as amended at 66 FR 33632, June 25, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 301.98-4</SECTNO> <SUBJECT>Conditions governing the interstate movement of regulated articles from quarantined areas.</SUBJECT> <P>Any regulated article may be moved interstate from a quarantined area <SU>3</SU> <FTREF/> only if moved under the following conditions:</P> <FTNT> <P> <SU>3</SU> Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.</P> </FTNT> <P>(a) With a certificate or limited permit issued and attached in accordance with §§ 301.98-5 and 301.98-8 of this subpart;</P> <P>(b) Without a certificate or limited permit if:</P> <P>(1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by West Indian fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and</P> <P>(2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and</P> <P>(3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs.</P> <P>(c) Without a certificate or limited permit if the regulated article is moved:</P> <P>(1) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Pursuant to a Departmental permit issued by the Administrator for the regulated article;</P> <P>(3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of the West Indian fruit fly; and</P> <P>(4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0170)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.98-5</SECTNO> <SUBJECT>Issuance and cancellation of certificates and limited permits.</SUBJECT> <P>(a) A certificate may be issued by an inspector <SU>4</SU> <FTREF/> for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>4</SU> Services of an inspector may be requested by contacting local offices of Plant Protection and Quarantine, which are listed in telephone directors. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236, or the APHIS web site at http://www.aphis.usda.gov/travel/aqui.html.</P> </FTNT> <P>(1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.98-10 of this subpart; or</P> <P>(ii) Based on inspection of the premises of origin, the premises are free from the West Indian fruit fly; or</P> <P>(iii) Based on inspection of the regulated article, the regulated article is free of West Indian fruit flies; and</P> <P>(2) The regulated article will be moved through the quarantined area in an enclosed vehicle or will be completely enclosed by a covering adequate to prevent access by the West Indian fruit fly; and</P> <P>(3) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 444, 7 U.S.C. 7714) <SU>5</SU> <FTREF/> to prevent the spread of the West Indian fruit fly; and</P> <FTNT> <P> <SU>5</SU> Section 414 of the Plant Protectin Act (Title IV, Pub. L. 106-224, 114 Stat. 444, 7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to destroy or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is infested with a plant pest at the time of movement.</P> </FTNT> <PRTPAGE P="155"/> <P>(4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(b) An inspector <SU>6</SU> <FTREF/> will issue a limited permit for the interstate movement of a regulated article if the inspector determines that:</P> <FTNT> <P> <SU>6</SU> See footnote 4 to § 301.98-5(a).</P> </FTNT> <P>(1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the West Indian fruit fly because life stages of the West Indian fruit fly will be destroyed by the specified handling, processing, or utilization;</P> <P>(2) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 444, 7 U.S.C. 7714) to prevent the spread of the West Indian fruit fly; and</P> <P>(3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article.</P> <P>(c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section.</P> <P>(d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all conditions in this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0170)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.98-6</SECTNO> <SUBJECT>Compliance agreements and cancellation.</SUBJECT> <P>(a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement.<SU>7</SU> <FTREF/> </P> <FTNT> <P> <SU>7</SU> Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236, and from local offices of the Plant Protection and Quarantine, which are listed in telephone directories.</P> </FTNT> <P>(b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after <PRTPAGE P="156"/>receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 301.98-7</SECTNO> <SUBJECT>Assembly and inspection of regulated articles.</SUBJECT> <P>(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.98-5(c)) who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector <SU>8</SU> <FTREF/> as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement.</P> <FTNT> <P> <SU>8</SU> See footnote 4 to § 301.98-5(a).</P> </FTNT> <P>(b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.</P> </SECTION> <SECTION> <SECTNO>§ 301.98-8</SECTNO> <SUBJECT>Attachment and disposition of certificates and limited permits.</SUBJECT> <P>(a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be:</P> <P>(1) Attached to the outside of the container containing the regulated article; or</P> <P>(2) Attached to the regulated article itself if not in a container; or</P> <P>(3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article.</P> <P>(b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0170)</APPRO> </SECTION> <SECTION> <SECTNO>§ 301.98-9</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside normal business hours.</P> </SECTION> <SECTION> <SECTNO>§ 301.98-10</SECTNO> <SUBJECT>Treatments.</SUBJECT> <P>Treatment schedules listed in the Plant Protection and Quarantine Treatment Manual to destroy the West Indian fruit fly are authorized for use on regulated articles. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.” The following treatments also may be used for the regulated articles indicated:</P> <P>(a) <E T="03">Soil within the dripline of plants that are producing or have produced the fruits and vegetables listed in § 301.98-2(a) of this subpart.</E> Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the dripline with sufficient water to wet the soil to at least a depth of <FR>1/2</FR> inch.</P> <P>(b) <E T="03">Premises.</E> Fields, groves, or areas that are located within a quarantined area but outside the infested core area and that produce regulated articles may receive regular treatments with either malathion or spinosad bait spray as an alternative to treating fruits and vegetables as provided in the Plant Protection and Quarantine Treatment Manual. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for development of West Indian fruit fly egg and larvae. Determination of the time period must be based on the day degrees model for West Indian fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground <PRTPAGE P="157"/>equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of protein hydrolysate per acre. The spinosad bait spray treatment must be applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved spinosad formulation and 48 oz of protein hydrolysate per acre. For ground applications, the mixture may be diluted with water to improve coverage.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 302</EAR> <HD SOURCE="HED">PART 302—DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANTPRODUCTS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>302.1 </SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>§ 302.2</SECTNO> <SUBJECT>Movement of plants and plant products.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7712, 7714, 7715, 7731, 7732, 7735, 7736, 7745, and 7754-7756; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>66 FR 1016, Jan. 5, 2001, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 302.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service or other person authorized by the Administrator to inspect and certify the plant health status of plants and products under this part.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">State.</E> The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 302.2</SECTNO> <SUBJECT>Movement of plants and plant products.</SUBJECT> <P>Inspection or documentation of the plant health status of plants or plant products to be moved interstate from the District of Columbia may be obtained by contacting the State Plant Health Director, Plant Protection and Quarantine, APHIS, Wayne A. Cawley, Jr. Building, Room 350, 50 Harry S. Truman Parkway, Annapolis, MD 21401-7080; phone: (410) 224-3452; fax: (410) 224-1142.</P> <CITA>[66 FR 54641, Oct. 30, 2001]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 318</EAR> <HD SOURCE="HED">PART 318—HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart—Hawaiian Fruits and Vegetables</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECHD>Sec.</SECHD> <SECTNO>318.13</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>318.13a</SECTNO> <SUBJECT>Administrative instructions providing exemptions from specified requirements.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTNO>318.13-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>318.13-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>318.13-3</SECTNO> <SUBJECT>Conditions of movement.</SUBJECT> <SECTNO>318.13-4</SECTNO> <SUBJECT>Conditions governing the issuance of certificates or limited permits.</SUBJECT> <SECTNO>318.13-4a</SECTNO> <SUBJECT>Administrative instructions authorizing the movement from Hawaii of frozen fruits and vegetables.</SUBJECT> <SECTNO>318.13-4b</SECTNO> <SUBJECT>Administrative instructions prescribing methods of vapor-heat treatment of certain fruits and vegetables from Hawaii.</SUBJECT> <SECTNO>318.13-4c</SECTNO> <SUBJECT>Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii.</SUBJECT> <SECTNO>318.13-4d</SECTNO> <SUBJECT>Administrative instructions concerning the interstate movement of avocados from Hawaii.</SUBJECT> <SECTNO>318.13-4e</SECTNO> <SUBJECT>Administrative instructions governing the movement of litchis from Hawaii to other States.</SUBJECT> <SECTNO>318.13-4f</SECTNO> <SUBJECT>Administrative instructions prescribing methods for irradiation treatment of certain fruits and vegetables from Hawaii.</SUBJECT> <SECTNO>318.13-4g</SECTNO> <SUBJECT>Administrative instructions governing movement of avocados from Hawaii to Alaska.</SUBJECT> <SECTNO>318.13-4h</SECTNO> <SUBJECT>Administrative instructions; conditions governing the movement of the fruit of carambola from Hawaii.</SUBJECT> <SECTNO>318.13-4i</SECTNO> <SUBJECT>Administrative instructions; conditions governing the movement of green bananas from Hawaii.</SUBJECT> <SECTNO>318.13-5</SECTNO> <SUBJECT>Application for inspection.</SUBJECT> <SECTNO>318.13-6</SECTNO> <SUBJECT>Container marking and identity.</SUBJECT> <SECTNO>318.13-7</SECTNO> <SUBJECT>Products as ships’ stores or in the possession of passengers or crew.</SUBJECT> <SECTNO>318.13-8</SECTNO> <SUBJECT>Articles and persons subject to inspection.</SUBJECT> <SECTNO>318.13-9</SECTNO> <SUBJECT>Inspection of means of conveyance.</SUBJECT> <SECTNO>318.13-10</SECTNO> <SUBJECT>Inspection of baggage, other personal effects, and cargo.</SUBJECT> <SECTNO>318.13-11</SECTNO> <SUBJECT>Disinfection of means of conveyance.</SUBJECT> <SECTNO>318.13-12</SECTNO> <SUBJECT>Posting of warning notice and distribution of baggage declarations.</SUBJECT> <SECTNO>318.13-13</SECTNO> <SUBJECT>Movements by the Department of Agriculture.<PRTPAGE P="158"/> </SUBJECT> <SECTNO>318.13-14</SECTNO> <SUBJECT>Parcel post inspection.</SUBJECT> <SECTNO>318.13-15</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>318.13-16</SECTNO> <SUBJECT>Withdrawal of certificates, transit permits, limited permits, or compliance agreements.</SUBJECT> <SECTNO>318.13-17</SECTNO> <SUBJECT>Transit of fruits and vegetables from Hawaii into or through the continental United States.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sweetpotatoes</HD> <SECTNO>318.30</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>318.30a</SECTNO> <SUBJECT>Administrative instructions authorizing movement from Puerto Rico of certain sweetpotatoes grown under specified conditions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>318.47</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>318.47a</SECTNO> <SUBJECT>Administrative instructions relating to Guam.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTNO>318.47-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>318.47-2</SECTNO> <SUBJECT>Articles the movement of which is prohibited or regulated.</SUBJECT> <SECTNO>318.47-3</SECTNO> <SUBJECT>Conditions governing the issuance of certificates and permits.</SUBJECT> <SECTNO>318.47-4</SECTNO> <SUBJECT>Shipments by the Department of Agriculture.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Fruits and Vegetables From Puerto Rico or Virgin Islands</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>318.58</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTNO>318.58-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>318.58-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <SECTNO>318.58-3</SECTNO> <SUBJECT>Conditions of movement.</SUBJECT> <SECTNO>318.58-4</SECTNO> <SUBJECT>Issuance of certificates or limited permits.</SUBJECT> <SECTNO>318.58-4a</SECTNO> <SUBJECT>Administrative instructions authorizing the movement from Puerto Rico of frozen fruits and vegetables.</SUBJECT> <SECTNO>318.58-5</SECTNO> <SUBJECT>Application for inspection.</SUBJECT> <SECTNO>318.58-6</SECTNO> <SUBJECT>Marking of containers.</SUBJECT> <SECTNO>318.58-7</SECTNO> <SUBJECT>Products as ships’ stores or in the possession of passengers and crew.</SUBJECT> <SECTNO>318.58-8</SECTNO> <SUBJECT>Articles and persons subject to inspection.</SUBJECT> <SECTNO>318.58-9</SECTNO> <SUBJECT>Inspection of means of conveyance.</SUBJECT> <SECTNO>318.58-10</SECTNO> <SUBJECT>Inspection of baggage, other personal effects, and cargo.</SUBJECT> <SECTNO>318.58-11</SECTNO> <SUBJECT>Disinfection of means of conveyance.</SUBJECT> <SECTNO>318.58-12</SECTNO> <SUBJECT>Transit of fruits and vegetables from Puerto Rico and the Virgin Islands of the United States into or through the continental United States.</SUBJECT> <SECTNO>318.58-13</SECTNO> <SUBJECT>Movements by the Department of Agriculture.</SUBJECT> <SECTNO>318.58-14</SECTNO> <SUBJECT>Parcel post inspection.</SUBJECT> <SECTNO>318.58-15</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>318.58-16</SECTNO> <SUBJECT>Cancellation of certificates, transit permits, or limited permits.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sand, Soil, or Earth, with Plants From Territories and Districts</HD> <SECTNO>318.60</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Guam</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>318.82</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations</HD> <SECTNO>318.82-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>318.82-2</SECTNO> <SUBJECT>Movement of regulated articles.</SUBJECT> <SECTNO>318.82-3</SECTNO> <SUBJECT>Costs.</SUBJECT> </SUBJGRP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>24 FR 10777, Dec. 29, 1959, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart—Hawaiian Fruits and Vegetables</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 318.13</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the State of Hawaii is quarantined to prevent the spread of dangerous plant diseases and pests, including the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E> (Wied.)), the melon fly (<E T="03">Bactrocera cucurbitae</E> Coq.), the oriental fruit fly (<E T="03">Bactrocera dorsalis</E> Hendl.), green coffee scale (<E T="03">Coccus viridis</E> (Green)), the bean pod borer (<E T="03">Maruca testulalis</E> (Geyer)), the bean butterfly (<E T="03">Lampides boeticus</E> (L.)), the Asiatic rice borer (<E T="03">Chilo suppressalis</E>), the mango weevil (<E T="03">Sternochetus mangiferae</E> (F.)), the Chinese rose beetle (<E T="03">Adoretus sinicus</E> Burm.), and a cactus borer (<E T="03">Cactoblastis cactorum</E> (Berg.)), which are new to or not known to be widely prevalent or distributed within and throughout other States.</P> <P>(b) No fruits or vegetables, in the raw or unprocessed state; cut flowers; rice straw; mango seeds; or cactus plants or parts thereof shall be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be <PRTPAGE P="159"/>moved by any person from Hawaii into or through the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States, in manner or method or under conditions other than those prescribed in the regulations hereinafter made or amendments thereto: <E T="03">Provided,</E> That whenever the Administrator of the Animal and Plant Health Inspection Service shall find that existing conditions as to the pest risk involved in the movement of any of the articles to which the regulations supplemental hereto apply, make it safe to modify, by making less stringent, the restrictions contained in any of such regulations, he shall publish such finding in administrative instructions specifying the manner in which the restrictions shall be made less stringent, whereupon such modification shall become effective; or he may, when the public interest will permit, with respect to the movement of any of such articles to Guam, upon request in specific cases and notification to the person making the request, authorize their certification under conditions, specified in the certificate to carry out the purposes of this subpart, that are less stringent than those contained in the regulations: <E T="03">And provided, further,</E> That no restrictions are placed hereby on the movement of cactus plants from Hawaii to St. Croix, Virgin Islands of the United States, or on the movement of coconuts from Hawaii into or through the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States.</P> <P>(c) This subpart leaves in full force and effect § 318.30 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of all varieties of sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and effect § 318.60 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of sand, soil, or earth about the roots of plants.</P> <P>(d) Regulations governing the movement of live plant pests designated in this section are contained in part 330 of this chapter.</P> <CITA>[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990; 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13a</SECTNO> <SUBJECT>Administrative instructions providing exemptions from specified requirements.</SUBJECT> <P>(a) The following fruits, vegetables, and other products may be moved from Hawaii into or through Guam without certification or other restriction under this subpart:</P> <P>(1) [Reserved]</P> <P>(2) Cut flowers, as defined in § 318.13-1.</P> <P>(3) All fruits and vegetables designated in § 318.13-2(b).</P> <P>(4) Beets, rutabagas, and turnips; when without tops.</P> <P>(b) [Reserved]</P> <CITA>[33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 318.13-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean:</P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any other employee of the Animal and Plant Health Inspection Service to whom authority has been or may be delegated to act in the Administrator's stead.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS).</P> <P> <E T="03">Cactus plants.</E> Any of various fleshy-stemmed plants of the botanical family Cactaceae.</P> <P> <E T="03">Certificate.</E> A document signed by an inspector certifying that a particular ship, vessel, other surface craft, or aircraft, or any specified lot or shipment of fruits or vegetables or other plant materials, via baggage, parcel post, express, freight or other mode of transportation, has been inspected and found apparently free from articles the movement of which is prohibited by the quarantine and regulations in this <PRTPAGE P="160"/>subpart, and from the plant pests referred to in said quarantine; or that the lot or shipment is of such a nature that no danger of infestation or infection is involved; or that it has been treated in a manner to eliminate infestation. A certificate covering treated products must state the treatment applied.</P> <P> <E T="03">Commercial shipment.</E> Shipment containing fruits and vegetables that an inspector identifies as having been produced for sale or distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower and packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.</P> <P> <E T="03">Compliance agreement.</E> Any agreement to comply with stipulated conditions as prescribed under § 318.13-3(b), § 318.13-4(b), or § 318.13-4f of this subpart, executed by any person to facilitate the interstate movement of regulated articles under this subpart.</P> <P> <E T="03">Continental United States.</E> The 48 contiguous States, Alaska, and the District of Columbia.</P> <P> <E T="03">Cut flowers.</E> Any cut blooms, fresh foliage customarily used in the florist trade, and dried decorative plant material.</P> <P> <E T="03">Disinfection</E> (<E T="03">disinfect and disinfected</E>). The application to parts or all of a ship, vessel, other surface craft, or aircraft of a treatment that may be designated by the inspector as effective against such plant pests as may be present. (“Disinfect” and “disinfected” shall be construed accordingly.)</P> <P> <E T="03">Fruits and vegetables.</E> The more or less succulent portions of food plants, and parts thereof, in raw or unprocessed state, such as bananas, pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus, mangoes, etc.</P> <P> <E T="03">Inspector</E>. An employee of Plant Protection and Quarantine, or a State plant regulatory official designated by the Administrator to inspect and certify to shippers and other interested parties, as to the condition of the products inspected. To be eligible for designation, a State plant regulatory official must have a bachelor's degree in the biological sciences, a minimum of 2 years’ experience in State plant regulatory activities, and a minimum of 2 years’ experience in recognizing and identifying plant pests known to occur within Hawaii. Six years’ experience in State plant regulatory activities may be substituted for the degree requirement.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued by an inspector or a person operating under a compliance agreement for the interstate movement of regulated articles to a specified destination for:</P> <P>(1) Consumption, limited utilization or processing, or treatment; or</P> <P>(2) Movement into or through the continental United States in conformity with a transit permit.</P> <P> <E T="03">Mango seeds.</E> Seeds of the fruit of mango (Mangifera spp.), fresh or dried.</P> <P> <E T="03">Means of conveyance.</E> For the purposes of § 318.13-17 of this subpart, “means of conveyance” shall mean a ship, truck, aircraft, or railcar.</P> <P> <E T="03">Moved (move and movement).</E> Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved, directly or indirectly, from Hawaii into or through the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States (or from or into or through other places as specified in this subpart). Local intrastate movement is in no way affected by the regulations in this subpart. (“Move” and “movement” shall be construed accordingly.)</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Plant pests.</E> The injurious insects and plant diseases referred to in § 318.13, in any stage of development.</P> <P> <E T="03">Rice straw.</E> Stems or straw of rice (Oryza sativa), when used as packing material or for other purposes.</P> <P> <E T="03">Sealed (sealable) container.</E> A completely enclosed container designed for the storage and/or transportation of commercial air, sea, rail, or truck cargo, and constructed of metal or fiberglass, or other similarly sturdy and impenetrable material, providing an <PRTPAGE P="161"/>enclosure accessed through doors that are closed and secured with a lock or seal. Sealed (sealable) containers used for sea shipments are distinct and separable from the means of conveyance carrying them when arriving in and in transit through the continental United States. Sealed (sealable) containers used for air shipments are distinct and separable from the means of conveyance carrying them before any transloading in the continental United States. Sealed (sealable) containers used for air shipments after transloading in the continental United States or for overland shipments in the continental United States may either be distinct and separable from the means of conveyance carrying them, or be the means of conveyance itself.</P> <P> <E T="03">State.</E> Each of the 50 States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <P> <E T="03">Transit permit.</E> A written authorization issued by the Administrator for the movement of fruits and vegetables en route to a foreign destination that are otherwise prohibited movement by this subpart into or through the continental United States. Transit permits authorize one or more shipments over a designated period of time.</P> <P> <E T="03">Transloading.</E> The transfer of cargo from one sealable container to another, from one means of conveyance to another, or from a sealable container directly into a means of conveyance.</P> <P> <E T="03">United States.</E> The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33 FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991; 58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 61 FR 5924, Feb. 15, 1996; 62 FR 36974, July 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>(a)(1) <E T="03">Prohibited movement.</E> Fruits, vegetables, and other products specified in § 318.13, and not eligible for inspection and certification under § 318.13-4 or otherwise expressly authorized movement either in the regulations in this subpart or in administrative instructions issued by the Administrator of the Animal and Plant Health Inspection Service are prohibited movement.</P> <P>(2) Avocados which have been moved to Alaska in accordance with § 318.13-4g are prohibited movement from Alaska into or through other places in the continental United States, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <P>(b) <E T="03">Regulated movement.</E> The movement of the following fruits and vegetables from Hawaii is allowed throughout the year upon compliance with the regulations in this subpart: </P> <EXTRACT> <P>Aechmea bracteata (Sw.) Griseb, fruit-bearing panicles.</P> <P>Allium spp., such as chives, garlic, leek, onions, and shallot.</P> <P>Arrowhead (Sagittaria sagittifolia).</P> <P>Arrowroot (Maranta arundinacea).</P> <P>Artichoke, globe (Cynara scolymus).</P> <P>Artichoke, Jerusalem (Helianthus tuberosus).</P> <P>Asparagus (Asparagus officinalis).</P> <P>Bean sprouts, soy (Glycine hispida).</P> <P>Bean sprouts, mungo (Phaseolus aureus).</P> <P>Beets (Beta vulgaris).</P> <P>Broccoli (Brassica aleracea (Botrytis group)).</P> <P>Brussel sprouts (Brassica oleracera (Gemifera group)).</P> <P>Burdock, great (Arctium lappa, Lappa major, L. edulis).</P> <P>Butterbur (Petasites japonicus).</P> <P>Cabbage (Brassica oleracea).</P> <P>Cabbage, Chinese (Brassica pekinensis, B. chinensis).</P> <P>Carrot (Daucus carota satira).</P> <P>Cassava (Manihot sp.).</P> <P>Cauliflower (Brassica oleracea [Botrytis group]).</P> <P>Celery (Apium graveolens).</P> <P>Chinese spinach (Amaranthus gangeticus).</P> <P>Chrysanthemum, garland (Chrysanthemum coronarium).</P> <P>Coriander (Coriandrum sativum).</P> <P>Dandelion (Taraxacum officinale).</P> <P>Dropwort, water (Oenanthe stolonifera).</P> <P>Durian (Durio zibethinus)</P> <P>Foxheads or Nipple fruits (Solanum mamosum).</P> <P>Ginger bracts (Zingiber mioga).</P> <P>Ginger root (Zingiber officinale).</P> <P>Honewort (Cryptotaenia canadensis).</P> <P>Jesuit's nut (Trapa bicornis, T. natans).</P> <P>Kudzu (Pueraria thunbergiana).</P> <P>Lettuce (Lactuca sativa)</P> <P>Lily root (Nelumbium nucifera).<PRTPAGE P="162"/> </P> <P>Mahogany fruit (Swietenia mahagoni (L.) Jacq.).</P> <P>Mustard greens (Brassica spp).</P> <P>Mugwort (Artemisia vulgaris).</P> <P>Nightshade, Malabar (Bassella rubra).</P> <P>Parsley (Petroselinum hortense).</P> <P>Perilla (Perilla frutescens).</P> <P>Pineapples (Ananas sativa), smooth Cayenne.</P> <P>Pineapple hybrids 53-116, 59-433, D10, and D20 (Ananas Sativa).</P> <P>Potato (Solanum tuberosum).</P> <P>Radish greens (Raphanus sativus longipinnatus).</P> <P>Radish, oriental (Raphanus sativus longipinnatus).</P> <P>Rhubarb (Rheum rhaponticum).</P> <P>Sausage fruit (Kigelia pinnata (Jacq.)).</P> <P>Spinach (Spinacia oleracea).</P> <P>Sweet corn (Zea mays).</P> <P>Taro root, shoots and stalks (Colocasia antiqorum esculentum).</P> <P>Turnips (Brassica rapa).</P> <P>Watercress (Nasturtium officinale).</P> <P>Waternut (waterchestnut) (Eleocharis dulcis (E. tuberosa) (Scirpus tuberosus)).</P> <P>Wood rose (Ipomoea tuberosa L.).</P> <P>Yam bean root (Pachyrhizus erosus).</P> <P>Yams Dioscorea (spp.).</P> </EXTRACT> <FP> <E T="03">Provided,</E> That additions of other fruits and vegetables may be made to the foregoing list of regulated articles by the Administrator of the Animal and Plant Health Inspection Service when he determines that such fruits or vegetables, either as ordinarily packed and shipped or after treatment, do not involve risk of spreading any of the plant pests designated in the foregoing quarantine, and when such findings have been made known in administrative instructions of the Deputy Administrator of the Plant Protection and Quarantine Programs.</FP> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 27 FR 8345, Aug. 22, 1962; 27 FR 8907, Sept. 7, 1962; 30 FR 5619, Apr. 21, 1965; 33 FR 14621, Oct. 1, 1968; 34 FR 4879, Mar. 6, 1969; 36 FR 24917, Dec. 24, 1971; 44 FR 10701, Feb. 23, 1979; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 59 FR 66641, Dec. 28, 1994; 63 FR 65648, Nov. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-3</SECTNO> <SUBJECT>Conditions of movement.</SUBJECT> <P>(a) <E T="03">To any destination.</E> Any regulated articles may be moved interstate from Hawaii in accordance with this subpart to any destination if:</P> <P>(1) The movement is authorized by a valid certificate issued in accordance with § 318.13-4 (a) or (b) and the movement complies with the conditions of any applicable compliance agreement made under § 318.13-4(d), or</P> <P>(2) The movement is exempted from certificates or limited permit requirements by administrative instructions in this subpart.</P> <P>(b)(1) <E T="03">To restricted destinations.</E> Smooth Cayenne pineapples; fresh fruit cocktail; inflight baskets of fruit; and cut flowers as defined in § 318.13-1 (except cut blooms of gardenia, mauna loa, and jade vine, and leis thereof) may be moved interstate from Hawaii under limited permit, to a destination specified in the permit, directly from an establishment operated in accordance with the terms of a compliance agreement executed by the operator of the establishment, if the articles have not been exposed to infestation and they are not accompanied by any articles prohibited interstate movement under this subpart.</P> <P>(2) Avocados may be moved interstate from Hawaii to Alaska if the provisions of § 318.13-4g are met, and if they are accompanied by a limited permit issued by an APHIS inspector in accordance with § 318.13-4(c).</P> <P>(3) Untreated fruits and vegetables from Hawaii may be moved interstate for irradiation treatment on the mainland United States if the provisions of § 318.13-4f are met and if the fruits and vegetables are accompanied by a limited permit issued by an inspector in accordance with § 318.13-4(c). The limited permit will be issued only if the inspector examines the shipment and determines that the shipment has been prepared in compliance with the provisions of this subpart.</P> <P>(c) <E T="03">To a foreign destination after transiting the continental United States.</E> Fruits and vegetables from Hawaii otherwise prohibited movement from the State of Hawaii into or through the continental United States by this subpart may transit the continental United States en route to a foreign destination when moved in accordance with § 318.13-17 of this subpart.</P> <P>(d) <E T="03">Segregation of certified articles.</E> Articles certified after treatment in accordance with § 318.13-4(b), taken aboard any ship, vessel, other surface craft, or aircraft in Hawaii must be segregated and protected in a manner as required by the inspector.<PRTPAGE P="163"/> </P> <P>(e) <E T="03">Attachment of certificates and limited permits.</E> Except as otherwise provided for certain air cargo and containerized cargo on ships moved in accordance with § 318.13-10, each box, bale, crate, or other container of regulated articles moved under certificate or limited permit shall have the certificate or limited permit attached to the outside of the container: <E T="03">Provided,</E> That if a certificate or limited permit is issued for a shipment of more than one container of for bulk products, the certificate or limited permit shall be attached to or stamped on the accompanying waybill, manifest, or bill of lading.</P> <CITA>[33 FR 14621, Oct. 1, 1968, as amended at 52 FR 8864, Mar. 20, 1987; 54 FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 62 FR 36974, July 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4</SECTNO> <SUBJECT>Conditions governing the issuance of certificates or limited permits.</SUBJECT> <P>Certificates or limited permits may be issued for the movement of articles allowed movement in accordance with the regulations in this subpart under the following conditions:</P> <P>(a) <E T="03">Certification on basis of inspection or nature of lot involved.</E> Fruits and vegetables designated in § 318.13-2(b) may be certified when they have been inspected by an inspector and found apparently free from infestation and infection, or without such inspection when the inspector determines that the lot for shipment is of such a nature that no danger of infestation or infection is involved.</P> <P>(b) <E T="03">Certification on basis of treatment.</E> Fruits, vegetables, and other products designated in § 318.13, which are not listed in § 318.13-2(b) and for which treatments may be approved by the Administrator of the Animal and Plant Health Inspection Service, may be certified if such treatments have been applied under the observation of an inspector in accordance with administratively approved procedure and if the articles were handled after such treatment in accordance with conditions prescribed in a compliance agreement executed by the applicant for the certificate or were handled after such treatment under such supervision of an inspector as the inspector may require. Any treatment that may be approved must be applied at the expense of the shipper, owner, or person in charge of such articles. The Department of Agriculture or its inspector will not be responsible for loss or damage resulting from any treatment prescribed or supervised.</P> <P>(c) <E T="03">Limited permits.</E> (1) Limited permits may be issued by an inspector for the movement of noncertified regulated articles designated in § 318.13-3(b) of this subpart.</P> <P>(2) Limited permits may be issued by an inspector for the movement of fruits and vegetables otherwise prohibited movement under this subpart, if the articles are to be moved in accordance with § 318.13-17 of this subpart.</P> <P>(3) Except when the regulations specify an inspector must issue the limited permit, limited permits may be issued by a person operating under a compliance agreement.</P> <P>(d) <E T="03">Compliance agreements.</E> As a condition of issuance of a limited permit under paragraph (c)(3) of this section, or a certificate under paragraph (b) of this section for the movement of regulated articles for which a compliance agreement is required, the person applying for the permit or certificate must sign a compliance agreement stipulating that he will use all such permits or certificates issued to him in accordance with the provisions thereof and of the compliance agreement; will maintain at his establishment such safeguards against the establishment and spread of infestation and infection and comply with such conditions as to the maintenance of identity, handling (including post treatment handling), and interstate movement of regulated articles under such permits or certificates and the cleaning and treatment of means of conveyance and containers used in such movement of the articles, as may be required by the inspector in each specific case to prevent the spread of infestation or infection; and will <PRTPAGE P="164"/>allow inspectors to inspect the establishment and operations thereof.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 52 FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 57 FR 31307, July 15, 1992; 58 FR 7959, Feb. 11, 1993; 59 FR 48992, Sept. 26, 1994; 59 FR 66641, Dec. 28, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4a</SECTNO> <SUBJECT>Administrative instructions authorizing the movement from Hawaii of frozen fruits and vegetables.</SUBJECT> <P>(a) The type of treatment designated in this part as freezing shall be one of the commercially acceptable methods that involves initial freezing at subzero temperatures and subsequent storage at not higher than 0 °F., with a storage tolerance of plus 20 °F. Such treatments are commonly known as quick freezing, sharp freezing, frozen-pack, or cold-pack. Any equivalent freezing method is also included in this designation.</P> <P>(b) The Administrator of the Animal and Plant Health Inspection Service, pursuant to the authority contained in §§ 318.13-2(b) and 318.13-4(b), hereby approves the process of freezing as a treatment for all fruits and vegetables described in § 318.13, except as otherwise provided in paragraph (d) of this section. Such frozen fruits and vegetables may be certified for movement from Hawaii into or through any other Territory, State, or District of the United States. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Applications for certificates to move frozen fruits and vegetables from Hawaii under this subpart may be made to Plant Protection and Quarantine Programs, P.O. Box 9067, Honolulu, Hawaii 96820.</P> </FTNT> <P>(c) The inspector in Hawaii shall determine that such fruits and vegetables are in a satisfactory frozen state before issuing a certificate. The inspector on the mainland will release the shipment on the basis of the certificate issued in Hawaii.</P> <P>(d) The movement from Hawaii of frozen fruits and vegetables is not authorized when such fruits and vegetables are subject to attack, in the area of origin, by plant pests that may not, in the judgment of the Administrator of the Animal and Plant Health Inspection Service, be destroyed by freezing.</P> <P>(e) Freezing of fruits and vegetables as authorized in this section is considered necessary for the elimination of pest risk, and no liability shall attach to the United States Department of Agriculture or to any officer or representative of that Department in the event of injury resulting to fruits or vegetables offered for movement in accordance with the instructions of this section.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4b</SECTNO> <SUBJECT>Administrative instructions prescribing methods of vapor-heat treatment of certain fruits and vegetables from Hawaii.</SUBJECT> <P>(a) <E T="03">Approved vapor-heat methods of treatment.</E> (1) Approved vapor-heat treatment, in accordance with the following procedure, is hereby designated as an administratively approved procedure that meets the requirements for the certification, in accordance with § 318.13-4(b), of papayas, bell peppers, eggplants, pineapples (other than smooth Cayenne), Italian squash, and tomatoes for movement from Hawaii:</P> <P>(i) In the approved vapor-heat treatment the fruits and vegetables are heated by saturated vapor at 110 °F. which in condensing on the fruits and vegetables gives up its latent heat. This latent heat is essential in assuring mortality of eggs and larvae of the oriental fruit fly, the Mediterranean fruit fly and the melon fly, and in raising the temperature of the fruits and vegetables evenly and quickly so as to prevent damage to the treated products. In applying the treatment the saturated vapor is accompanied by a fine water mist and air admixture.</P> <P>(ii) The fruits and vegetables are cooled immediately after treatment and no wax or paraffin, either dry or in solution, may be used until after the treatment has been completed. Vapor-heat treatments are approved only if the vapor conditions within the heat treating room, the manner of stacking the boxes containing the fruits and vegetables in the room, and all other conditions affecting the efficacy of the treatment are satisfactory to the supervising inspector, to assure mortality of eggs and larvae of the oriental <PRTPAGE P="165"/>fruit fly, the Mediterranean fruit fly, and the melon fly.</P> <P>(iii) In applying this treatment, in accordance with these principles, the temperature of the fruits and vegetables shall be raised to 110 °F., at the approximate center of the fruits and vegetables, within a period designated by the inspector, and shall be held at that level during the following 8<FR>3/4</FR> hours.</P> <P>(2) Approved vapor-heat treatment, in accordance with the following procedure, is hereby designated as an alternate administratively approved procedure that meets the requirements for the certification, in accordance with § 318.13-4(b), of papayas for movement from Hawaii:</P> <P>(i) In the approved vapor-heat “quick run-up” treatment the papayas are heated by saturated vapor until the temperature at the approximate center of the fruit reaches a minimum of 117 °F. The cooling and other conditions prescribed in paragraph (a)(1)(ii) of this section apply.</P> <P>(ii) The conditioning of the papayas preparatory to the treatment, as provided in paragraph (e) of this section, shall be completed within a period designated by the inspector.</P> <P>(3) The treatments provided for in paragraphs (a) (1) and (2) of this section must be conducted in a heat-treating room approved by the Animal and Plant Health Inspection Service and must be conducted under the supervision of an inspector of that Animal and Plant Health Inspection Service, who at all times shall have access to the fruits and vegetables while they are undergoing treatment.</P> <P>(4) The Animal and Plant Health Inspection Service will approve only those rooms which are properly constructed and adequately equipped to handle and treat the fruit or vegetables, at locations acceptable to the inspector in areas where required supervision can be furnished. Hereafter no treating plant will be approved until it is equipped with a self-recording temperature and humidity indicator acceptable to the inspector.</P> <P>(b) <E T="03">Subsequent handling.</E> All handling in Hawaii subsequent to treatment of fruits and vegetables intended for shipment elsewhere in the United States must be carried out to meet requirements of and under the supervision of the inspector.</P> <P>(c) <E T="03">Costs.</E> All costs of treatment and prescribed post-treatment safeguards, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall, as required by § 318.13-4(b), be borne by the owner of the fruits or vegetables, or his representative.</P> <P>(d) <E T="03">Department not responsible for damage.</E> In the tests and experiments so far conducted, fruits and vegetables (other than eggplants) have not been injured and the results following treatment have been successful. It is however, emphasized that inexactness and carelessness in using the approved method of treatment may result in injury to the fruit and vegtables treated. In approving this treatment the U.S. Department of Agriculture does not accept responsibility for fruit or vegetable injury.</P> <P>(e) <E T="03">Conditioning.</E> (1) The treatments set forth in paragraph (a) of this section are in addition to any other procedure or practice that may be found by the shipper to be desirable to condition or otherwise handle fruits or vegetables that may be offered for treatment.</P> <P>(2) Eggplants require conditioning before they will tolerate the approved vapor-heat treatment. Even when conditioned, darkening of their seeds usually occurs. In tests of eggplant tolerance to vapor-heat treatment, 6 to 8 hours conditioning at 110 °F. and approximately 40 percent relative humidity before the prescribed 8<FR>3/4</FR>-hour holding period has been found effective. This conditioning procedure or any other that the shipper has developed and found satisfactory may be used for eggplants at the shipper's risk.</P> <P>(3) Papayas require conditioning before they will tolerate the approved vapor-heat “quick run-up” treatment and even then some injury may result. Any conditioning that the shipper has developed and found satisfactory may be used with the “quick run-up” treatment for papayas at the shipper's risk.</P> <CITA>[24 FR 10777, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985, and further amended at 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> <SECTION> <PRTPAGE P="166"/> <SECTNO>§ 318.13-4c</SECTNO> <SUBJECT>Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii.</SUBJECT> <P>The Administrator of the Animal and Plant Health Inspection Service hereby approves methyl bromide fumigation, applied in accordance with the provisions of this section, as a treatment for tomatoes from Hawaii. Tomatoes treated and handled as provided in this section may be certified for movement from Hawaii to other parts of the United States.</P> <P>(a) <E T="03">Approved fumigation.</E> (1) The approved fumigation shall consist of fumigation with methyl bromide at normal atmospheric pressure, in a fumigation chamber which has been approved for that purpose by the Animal and Plant Health Inspection Service. The dosage shall be applied at the rate of 2 pounds per 1,000 cubic feet for 3<FR>1/2</FR> hours at 70 °F. or above.</P> <P>(2) Tomatoes to be fumigated may be individually wrapped in gas-permeable tissue paper and packed in standard slatted tomato lugs or containers similarly vented. The fumigation chamber shall not be loaded to more than two-thirds of its capacity. The 3<FR>1/2</FR>-hour exposure period shall begin when all the fumigant has been introduced into the chamber and volatilized. Good circulation above and below the load, and between individual containers, shall be provided as soon as the tomatoes are loaded in the chamber and shall continue during the full period of fumigation and until the tomatoes have been removed to a well-ventilated location.</P> <P>(b) <E T="03">Supervision of treatments and subsequent handling.</E> The treatment approved in this section and the subsequent handling of the tomatoes so treated must be under the supervision of a plant quarantine inspector of the Animal and Plant Health Inspection Service. Such treated tomatoes must be safeguarded against reinfestation during the period prior to movement from Hawaii in a manner satisfactory to the inspector. Certification of tomatoes for such movement will be made only upon compliance with the prescribed treatment and posttreatment safeguards.</P> <P>(c) <E T="03">Costs.</E> All costs of the treatments and prescribed posttreatment safeguards provided for in this section, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall, as required by § 318.13-4(b), be borne by the owner of the tomatoes, or his representative.</P> <P>(d) <E T="03">Department not responsible for damage.</E> (1) This treatment is recognized as one which may be marginal as to varietal tolerance of tomatoes and the owner or shipper is warned of possible injury. The Department of Agriculture and its inspectors assume no responsibility for any loss or damage resulting from any treatment prescribed or supervised.</P> <P>(2) In test fumigations the following varieties of tomatoes indicated tolerance to the prescribed treatment when harvested early in the season and in the mature stage after some color development: Big Boy, Bounty, Break O Day, Burpee Hybrid, Earliana, Hawaii, Homestead, J. Moran, Kalohi, Kaulaii, Lanai, Marglobe, Maui, Niihau, N-46, Oahu, Pearson, Pritchard, Rutgers, San Malzano, Step 274, Step 278, Step 280, Step 281, Step 305, and Step 314. Varieties showing poor tolerance were Desert Pride, Kolea C. Manalucie, and Pennheart.</P> <CITA>[27 FR 1551, Feb. 20, 1962, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985, and further amended at 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4d</SECTNO> <SUBJECT>Administrative instructions concerning the interstate movement of avocados from Hawaii.</SUBJECT> <P>(a) Subject to the requirements of §§ 318.13-3 and 318.13-4 and all other applicable provisions of this subpart, avocados may be moved interstate from Hawaii only if they are treated under the supervision of an inspector with a treatment authorized by the Administrator for the following pests: the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E>), the melon fly (<E T="03">Dacus cucurbitae</E>), and the Oriental fruit fly (<E T="03">Bactrocera dorsalis</E>).</P> <P>(b) Treatments authorized by the Administrator are listed in the Plant Protection and Quarantine Treatment <PRTPAGE P="167"/>Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <CITA>[61 FR 5924, Feb. 15, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4e</SECTNO> <SUBJECT>Administrative instructions governing the movement of litchis from Hawaii to other States.</SUBJECT> <P>(a) Litchis may be moved interstate from Hawaii only in accordance with this section or § 318.13-4f and all other applicable provisions of this part.</P> <P>(b) To be eligible for interstate movement under this section, litchi must be inspected and found free of the litchi fruit moth (<E T="03">Cryptophlebia</E> spp.) and other plant pests by an inspector and then treated for fruit flies under the supervision of an inspector with a treatment listed in the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <P>(c) Litchi from Hawaii may not be moved interstate into Florida. All cartons in which litchi from Hawaii are packed must be stamped “Not for importation into or distribution in FL.”</P> <CITA>[62 FR 36974, July 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4f</SECTNO> <SUBJECT>Administrative instructions prescribing methods for irradiation treatment of certain fruits and vegetables from Hawaii.</SUBJECT> <P>(a) <E T="03">Approved irradiation treatment.</E> Irradiation, carried out in accordance with the provisions of this section, is approved as a treatment for the following fruits and vegetables: Abiu, atemoya, carambola, litchi, longan, papaya, rambutan, and sapodilla.</P> <P>(b) <E T="03">Conditions of movement</E>. Fruits and vegetables from Hawaii may be authorized for movement in accordance with this section only if the following conditions are met:</P> <P>(1) <E T="03">Location</E>. The irradiation treatment must be carried out at an approved facility in Hawaii or on the mainland United States. Fruits and vegetables authorized under this section for treatment on the mainland may be treated in any State on the mainland United States except Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South Carolina, Tennessee, Texas, or Virginia. Prior to treatment, the fruits and vegetables may not move into or through Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South Carolina, Tennessee, Texas, or Virginia, except that movement is allowed through Dallas/Fort Worth, Texas, as an authorized stop for air cargo, or as a transloading location for shipments that arrive by air but that are subsequently transloaded into trucks for overland movement from Dallas/Fort Worth into an authorized State by the shortest route.</P> <P>(2) <E T="03">Approved facility</E>. The irradiation treatment facility and treatment protocol must be approved by the Animal and Plant Health Inspection Service. In order to be approved, a facility must:</P> <P>(i) Be capable of administering a minimum absorbed ionizing radiation dose of 250 Gray (25 krad) to the fruits and vegetables;<E T="51">2</E> <FTREF/> </P> <FTNT> <P> <E T="51">2</E> The maximum absorbed ionizing radiation dose and the irradiation of food is regulated by the Food and Drug Administration under 21 CFR part 179.</P> </FTNT> <P>(ii) Be constructed so as to provide physically separate locations for treated and untreated fruits and vegetables, except that fruits and vegetables traveling by conveyor directly into the irradiation chamber may pass through an area that would otherwise be separated. The locations must be separated by a permanent physical barrier such as a wall or chain link fence six or more feet high to prevent transfer of cartons. Untreated fruits and vegetables shipped to the mainland United States from Hawaii in accordance with this section may not be packaged for shipment in a carton with treated fruits and vegetables;</P> <P>(iii) Complete a compliance agreement with the Animal and Plant Health Inspection Service as provided in § 318.13-4(d) of this subpart; and</P> <P>(iv) Be certified by Plant Protection and Quarantine for initial use and annually for subsequent use. Recertification is required in the event that an increase or decrease in radioisotope or a major modification to equipment that affects the delivered dose. Recertification may be required in cases where a significant variance in dose delivery is indicated.<PRTPAGE P="168"/> </P> <P>(3) <E T="03">Treatment monitoring</E>. Treatment must be carried out under the monitoring of an inspector. This monitoring must include inspection of treatment records and unannounced inspectional visits to the facility by an inspector. Facilities that carry out continual irradiation operations must notify an inspector at least 24 hours before the date of operations. Facilities that carry out periodic irradiation operations must notify an inspector of scheduled operations at least 24 hours before scheduled operations.<SU>3</SU> <FTREF/> </P> <FTNT> <P> <E T="51">3</E> Inspectors are assigned to local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories.</P> </FTNT> <P>(4) <E T="03">Packaging</E>. (i) Fruits and vegetables that are treated in Hawaii must be packaged in the following manner:</P> <P>(A) The cartons must have no openings that will allow the entry of fruit flies and must be sealed with seals that will visually indicate if the cartons have been opened. They may be constructed of any material that prevents the entry of fruit flies and prevents oviposition by fruit flies into the fruit in the carton.<E T="51">4</E> <FTREF/> </P> <FTNT> <P> <E T="51">4</E> If there is a question as to the adequacy of a carton, send a request for approval of the carton, together with a sample carton, to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit 140, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(B) The pallet-load of cartons must be wrapped before it leaves the irradiation facility in one of the following ways:</P> <P>(<E T="03">1</E>) With polyethylene sheet wrap;</P> <P>(<E T="03">2</E>) With net wrapping; or</P> <P>(<E T="03">3</E>) With strapping so that each carton on an outside row of the pallet load is constrained by a metal or plastic strap.</P> <P>(C) Packaging must be labeled with treatment lot numbers, packing and treatment facility identification and location, and dates of packing and treatment.</P> <P>(ii) Cartons of untreated fruits and vegetables that are moving to the mainland United States for treatment must be shipped in shipping containers sealed prior to interstate movement with seals that will visually indicate if the shipping containers have been opened.</P> <P>(iii) Litchi and longan from Hawaii may not be moved interstate into Florida. All cartons in which litchi or longan are packed must be stamped “Not for importation into or distribution in FL.”</P> <P>(5) <E T="03">Dosage.</E> The fruits and vegetables must receive a minimum absorbed ionizing radiation dose of 250 Gray (25 krad).<E T="51">5</E> <FTREF/> </P> <FTNT> <P> <E T="51">5</E> See footnote 2.</P> </FTNT> <P>(6) <E T="03">Dosimetry systems.</E> (i) Dosimetry must demonstrate that the absorbed dose, including areas of minimum and maximum dose, is mapped, controlled, and recorded.</P> <P>(ii) Absorbed dose must be measured using a dosimeter that can accurately measure an absorbed dose of 250 Gray (25 krad).</P> <P>(iii) The number and placement of dosimeters used must be in accordance with American Society for Testing and Materials (ASTM) standards.<E T="51">6</E> <FTREF/> </P> <FTNT> <P> <E T="51">6</E> Designation E 1261, “Standard Guide for Selection and Calibration of Dosimetry Systems for Radiation Processing,” American Society for Testing and Materials, <E T="03">Annual Book of ASTM Standards</E>.</P> </FTNT> <P>(7)(i) <E T="03">Certification on basis of treatment</E>. A certificate shall be issued by an inspector for the movement of fruits and vegetables from Hawaii that have been treated and handled in Hawaii in accordance with this section. To be certified for interstate movement under this section, litchi from Hawaii must be inspected in Hawaii and found free of the litchi fruit moth (<E T="03">Cryptophlebia</E> spp.) and other plant pests by an inspector before undergoing irradiation treatment in Hawaii for fruit flies.</P> <P>(ii) <E T="03">Limited permit</E>. A limited permit shall be issued by an inspector for the interstate movement of untreated fruits and vegetables from Hawaii for treatment on the mainland United States in accordance with this section. To be eligible for a limited permit under this section, untreated litchi from Hawaii must be inspected in Hawaii and found free of the litchi fruit moth (<E T="03">Cryptophlebia</E> spp.) and other plant pests by an inspector.<PRTPAGE P="169"/> </P> <P>(8) <E T="03">Records</E>. Records or invoices for each treated lot must be made available for inspection by an inspector during normal business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays). An irradiation processor must maintain records as specified in this section for a period of time that exceeds the shelf life of the irradiated food product by 1 year, and must make these records available for inspection by an inspector. These records must include the lot identification, scheduled process, evidence of compliance with the scheduled process, ionizing energy source, source calibration, dosimetry, dose distribution in the product, and the date of irradiation.</P> <P>(c) <E T="03">Request for approval and inspection of facility</E>. Persons requesting approval of an irradiation treatment facility and treatment protocol must submit the request for approval in writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. Before the Administrator determines whether an irradiation facility is eligible for approval, an inspector will make a personal inspection of the facility to determine whether it complies with the standards of paragraph (b)(2) of this section.</P> <P>(d) <E T="03">Denial and withdrawal of approval</E>. (1) The Administrator will withdraw the approval of any irradiation treatment facility when the irradiation processor requests in writing the withdrawal of approval.</P> <P>(2) The Administrator will deny or withdraw approval of an irradiation treatment facility when any provision of this section is not met. Before withdrawing or denying approval, the Administrator will inform the irradiation processor in writing of the reasons for the proposed action and provide the irradiation processor with an opportunity to respond. The Administrator will give the irradiation processor an opportunity for a hearing regarding any dispute of a material fact, in accordance with rules of practice that will be adopted for the proceeding. However, the Administrator will suspend approval pending final determination in the proceeding, if he or she determines that suspension is necessary to prevent the spread of any dangerous insect infestation. The suspension will be effective upon oral or written notification, whichever is earlier, to the irradiation processor. In the event of oral notification, written confirmation will be given to the irradiation processor within 10 days of the oral notification. The suspension will continue in effect pending completion of the proceeding and any judicial review of the proceeding.</P> <P>(e) <E T="03">Department not responsible for damage</E>. This treatment is approved to assure quarantine security against the Trifly complex. From the literature available, the fruits and vegetables authorized for treatment under this section are believed tolerant to the treatment; however, the facility operator and shipper are responsible for determination of tolerance. The Department of Agriculture and its inspectors assume no responsibility for any loss or damage resulting from any treatment prescribed or supervised. Additionally, the Nuclear Regulatory Commission is responsible for ensuring that irradiation facilities are constructed and operated in a safe manner. Further, the Food and Drug Administration is responsible for ensuring that irradiated foods are safe and wholesome for human consumption.</P> <CITA>[62 FR 36974, July 10, 1997, as amended at 63 FR 65648, Nov. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4g</SECTNO> <SUBJECT>Administrative instructions governing movement of avocados from Hawaii to Alaska.</SUBJECT> <P>Avocados may be moved interstate from Hawaii to Alaska without being certified in accordance with § 318.13-4 (a) or (b) only under the following conditions:</P> <P>(a) <E T="03">Distribution and marking requirements.</E> The avocados may be moved interstate for distribution in Alaska only, the boxes of avocados must be clearly marked with the statement “Distribution limited to the State of Alaska”, and the shipment must be identified in accordance with the requirements of § 318.13-6.</P> <P>(b) <E T="03">Commercial shipments.</E> The avocados may be moved in commercial shipments only.<PRTPAGE P="170"/> </P> <P>(c) <E T="03">Packing requirements.</E> The avocados must have been sealed in the packing house in Hawaii in boxes with a seal that will break if the box is opened.</P> <P>(d) <E T="03">Ports.</E> The avocados may enter the continental United States only at the following ports: Portland, Oregon; Seattle, Washington; or any port in Alaska.</P> <P>(e) <E T="03">Shipping requirements.</E> The avocados must be moved either by air or ship and in a sealed container. The avocados may not be commingled in the same sealed container with articles that are intended for entry and distribution in any part of the United States other than Alaska. If the avocados arrive at either Portland, Oregon or Seattle, Washington, they may be transloaded only under the following conditions:</P> <P>(1) <E T="03">Shipments by sea.</E> The avocados may be transloaded from one ship to another ship at the port of arrival, provided they remain in the original sealed container and that APHIS inspectors supervise the transloading. If the avocados are stored before reloading, they must be kept in the original sealed container and must be in an area that is either locked or guarded at all times the avocados are present.</P> <P>(2) <E T="03">Shipments by air.</E> The avocados may be transloaded from one aircraft to another aircraft at the port of arrival, provided the following conditions are met:</P> <P>(i) The transloading is done into sealable containers;</P> <P>(ii) The transloading is carried out within the secure area of the airport—i.e., that area of the airport that is open only to personnel authorized by the airport security authorities;</P> <P>(iii) The area used for any storage of the shipment is within the secure area of the airport, and is either locked or guarded at all times the avocados are present. The avocados must be kept in a sealed container while stored in the continental United States en route to Alaska; and</P> <P>(iv) APHIS inspectors supervise the transloading.</P> <P>(3) <E T="03">Exceptions.</E> No transloading other than that described in paragraphs (e) (1) and (2) of this section is allowed except under extenuating circumstances (such as equipment breakdown) and when authorized and supervised by an APHIS inspector.</P> <P>(f) <E T="03">Limited permit.</E> Shipments of avocados must be accompanied by a limited permit issued by an APHIS inspector in accordance with § 318.13-4(c) of this subpart. The limited permit will be issued only if the inspector examines the shipment and determines that the shipment has been prepared in compliance with the provisions of this section.</P> <CITA>[59 FR 66642, Dec. 28, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4h</SECTNO> <SUBJECT>Administrative instructions; conditions governing the movement of the fruit of carambola from Hawaii.</SUBJECT> <P>(a) Subject to the requirements of §§ 318.13-3 and 318.13-4 and any other applicable regulations, the fruit of carambola may be moved interstate from Hawaii only if it is treated under the supervision of an inspector with a treatment authorized by the Administrator for the following pests: the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E>), the melon fly (<E T="03">Bactrocera cucurbitae</E>), and the Oriental fruit fly (<E T="03">Bactrocera dorsalis</E>).</P> <P>(b) Treatments authorized by the Administrator are listed in the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <CITA>[59 FR 48992, Sept. 26, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-4i</SECTNO> <SUBJECT>Administrative instructions; conditions governing the movement of green bananas from Hawaii.</SUBJECT> <P>Green bananas (<E T="03">Musa</E> spp.) of the cultivars “Williams,” “Valery,” “Grand Nain,” and standard and dwarf “Brazilian” may be moved interstate from Hawaii with a certificate issued in accordance with §§ 318.13-3 and 318.13-4 of this subpart if the bananas meet the following conditions:</P> <P>(a) The bananas must be picked while green and packed for shipment within 24 hours after harvest. If the green bananas will be stored overnight during that 24-hour period, they must be stored in a facility that prevents access by fruit flies;</P> <P>(b) No bananas from bunches containing prematurely ripe fingers (i.e., individual yellow bananas in a cluster <PRTPAGE P="171"/>of otherwise green bananas) may be harvested or packed for shipment;</P> <P>(c) The bananas must be inspected by an inspector and found free of plant pests as well as any of the following defects: prematurely ripe fingers, fused fingers, or exposed flesh (not including fresh cuts made during the packing process); and</P> <P>(d) The bananas must be safeguarded from fruit fly infestation from the time that they are packaged for shipment until they reach the port of arrival on the mainland United States.</P> <CITA>[63 FR 65648, Nov. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-5</SECTNO> <SUBJECT>Application for inspection.</SUBJECT> <P>Persons intending to move any articles that may be certified in accordance with the provisions of § 318.13-4 shall make application for inspection or treatment on forms provided for this purpose as far as possible in advance of the contemplated date of shipment. They will also be required to prepare, handle, and safeguard such articles from infestation or reinfestation, and to assemble them at such points as the inspector may designate, placing them so that inspection may be readily made. Blank forms <SU>6</SU> <FTREF/> for use in making applications for inspections will be furnished free upon request to the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Honolulu, Hawaii.</P> <FTNT> <P> <SU>6</SU> Form PQ-170.</P> </FTNT> <CITA>[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 53 FR 12910, Apr. 20, 1988; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-6</SECTNO> <SUBJECT>Container marking and identity.</SUBJECT> <P>Except as provided in § 318.13-17(c) of this subpart, shipments of regulated articles moved in accordance with this subpart must have the following information clearly marked on each container, or, for shipments of multiple containers or bulk products, on the waybill, manifest, or bill of lading accompanying the articles: Nature and quantity of contents; name and address of shipper, owner, or person shipping or forwarding the articles; name and address of consignee; shipper's identifying mark and number; and, the number of the certificate or limited permit authorizing movement, if one was issued.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[58 FR 7959, Feb. 11, 1993, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-7</SECTNO> <SUBJECT>Products as ships’ stores or in the possession of passengers or crew.</SUBJECT> <P>(a) <E T="03">In the possession of passengers or crew members.</E> Small quantities of fruits, vegetables, and cut flowers, subject to the quarantine and regulations in this subpart, when loose and free of packing materials, may be taken aboard any aircraft moving to Guam, ship, vessel, or other surface craft by passengers or members of the crew without inspection and certification in Hawaii. However, if such articles so taken aboard, are not eligible for inspection and certification under § 318.13-4(a), they must be entirely consumed or disposed of before arrival within the territorial waters of the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States.</P> <P>(b) <E T="03">As ship's stores or decorations.</E> Fruits, vegetables, and cut flowers subject to the quarantine and regulations in this subpart may be taken aboard an aircraft moving from Hawaii to Guam, or a ship, vessel, or other surface craft in Hawaii without inspection or certification. Fruits, vegetables, and cut flowers that are so taken aboard such a carrier must be either (1) entirely consumed or removed from the aircraft moving from Hawaii to Guam, or the ship, vessel, or other surface craft before arrival within the territorial waters of the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States; or (2) in the case of a surface carrier, retained aboard such carrier under seal or otherwise disposed of subject to safeguards equivalent to those imposed on other prohibited or restricted products by § 352.10 (b) and (c) of this chapter.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 31 FR 999, Jan. 26, 1966; 54 FR 3578, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <PRTPAGE P="172"/> <SECTNO>§ 318.13-8</SECTNO> <SUBJECT>Articles and persons subject to inspection.</SUBJECT> <P>Persons, means of conveyance (including ships, other ocean-going craft, and aircraft), baggage, cargo, and any other articles, that are destined for movement, are moving, or have been moved from Hawaii to the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States are subject to agricultural inspection at the port of departure, the port of arrival, and/or any other authorized port. If an inspector finds any article prohibited movement by the quarantine and regulations of this subpart, he or she, taking the least drastic action, shall order the return of the article to the place of origin, or the exportation of the article, under safeguards satisfactory to him or her, or otherwise dispose of it, in whole or part, to comply with the quarantine and regulations of this subpart.</P> <CITA>[54 FR 3578, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-9</SECTNO> <SUBJECT>Inspection of means of conveyance.</SUBJECT> <P>(a) <E T="03">Inspection of aircraft prior to departure.</E> No person shall move any aircraft from Hawaii to the continental United States, Puerto Rico, or the Virgin Islands of the United States, unless the person moving the aircraft has contacted an inspector and offered the inspector the opportunity to inspect the aircraft prior to departure and the inspector has informed the person proposing to move the aircraft that the aircraft may depart.</P> <P>(b) <E T="03">Inspection of aircraft moving to Guam.</E> Any person who has moved an aircraft from Hawaii to Guam shall contact an inspector and offer the inspector the opportunity to inspect the aircraft upon the aircraft's arrival in Guam, unless the aircraft has been inspected and cleared in Hawaii prior to departure in accordance with arrangements made between the operator of the aircraft, the Animal and Plant Health Inspection Service, and the government of Guam.</P> <P>(c) <E T="03">Inspection of ships upon arrival.</E> Any person who has moved a ship or other ocean-going craft from Hawaii to the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States shall contact an inspector and offer the inspector the opportunity to inspect the ship or other ocean-going craft upon its arrival.</P> <CITA>[54 FR 3578, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-10</SECTNO> <SUBJECT>Inspection of baggage, other personal effects, and cargo.</SUBJECT> <P>(a) <E T="03">Offer for inspection by aircraft passengers.</E> Passengers destined for movement by aircraft from Hawaii to the continental United States, Puerto Rico, or the Virgin Islands of the United States shall offer their carry-on baggage and other personal effects for inspection at the place marked for agricultural inspections, which will be located at the airport security checkpoint or the aircraft boarding gate, at the time they pass through the checkpoint or the gate. Passengers shall offer their check-in baggage for inspection at agricultural inspection stations prior to submitting their baggage to the check-in baggage facility. When an inspector has inspected and passed such baggage or personal effects, he or she shall apply a USDA stamp, inspection sticker, or other identification to such baggage or personal effects to indicate that such baggage or personal effects have been inspected and passed as required. Passengers shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a passenger's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The passenger shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the passenger, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(b) <E T="03">Offer for inspection by aircraft crew.</E> Aircraft crew members destined for movement by aircraft from Hawaii to the continental United States, Puerto Rico, or the Virgin Islands of the United States, shall offer their baggage and personal effects for inspection at the inspection station designated for <PRTPAGE P="173"/>the employing airline not less than 20 minutes prior to the scheduled departure time of the aircraft or the rescheduled departure time as posted in the public areas of the airport. When an inspector has inspected and passed such baggage or personal effects, he or she shall apply a USDA stamp, inspection sticker, or other identification to the baggage or personal effects to indicate that such baggage or personal effects have been inspected and passed as required. Aircraft crew members shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a crew member's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The crew member shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the crew member, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(c) <E T="03">Baggage inspection for persons traveling to Guam on aircraft.</E> No person who has moved from Hawaii to Guam on an aircraft shall remove or attempt to remove any baggage or other personal effects from the area secured for customs inspections before the person has offered to an inspector, and has had passed by the inspector, his or her baggage and other personal effects. Persons shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a person's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The person shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the person, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(d) <E T="03">Baggage acceptance and loading on aircraft.</E> No person shall accept or load any check-in aircraft baggage destined for movement from Hawaii to the continental United States, Puerto Rico, or the Virgin Islands of the United States, unless a certificate is attached to the baggage, or the baggage bears a USDA stamp, inspection sticker, or other indication applied by an inspector representing that the baggage has been inspected and passed.</P> <P>(e) <E T="03">Offer for inspection by persons moving by ship.</E> No person who has moved on any ship or other ocean-going craft from Hawaii to the continental United States, Puerto Rico, Guam, or the Virgin Islands of the United States, shall remove or attempt to remove any baggage or other personal effects from the designated inspection area as provided in § 318.13-10(h) on or off the ship or other ocean-going craft unless the person has offered to an inspector for inspection, and has had passed by the inspector, the baggage and other personal effects. Persons shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a person's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The person shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the person, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(f) <E T="03">Loading of certain cargoes.</E> (1) Except as otherwise provided in paragraph (f)(2) of this section, no person shall present to any common carrier or contract carrier for movement, and no common carrier or contract carrier shall load, any cargo containing fruits, vegetables, or other articles regulated under this subpart that are destined for movement from Hawaii to the continental United States, Puerto Rico, or the Virgin Islands of the United States, unless the cargo has been offered for inspection, passed by an inspector, and <PRTPAGE P="174"/>bears a USDA stamp or USDA inspection sticker, or unless a certificate or limited permit is attached to the cargo as specified in § 318.13-3(e).</P> <P>(2) Cargo designated in paragraph (f)(1) of this section may be loaded without a USDA stamp or USDA inspection sticker, and without a certificate attached to the cargo or a limited permit attached to the cargo if the cargo is moved:</P> <P>(i) As containerized cargo on ships or other ocean-going craft or as air cargo;</P> <P>(ii) The carrier has on file documentary evidence that a valid certificate or limited permit was issued for the movement; and</P> <P>(iii) A notation of the existence of these documents is made by the carrier on the waybill, manifest, or bill of lading that accompanies the shipment.</P> <P>(3) Cargo moved in accordance with § 318.13-17 of this subpart that does not have a limited permit attached to the cargo must have a limited permit attached to the waybill, manifest, or bill of lading accompanying the shipment.</P> <P>(g) <E T="03">Removal of certain cargoes in Guam.</E> No person shall remove or attempt to remove from a designated inspection area as provided in § 318.13-10(h), on or off the means of conveyance, any cargo moved from Hawaii to Guam containing fruits, vegetables, or other articles regulated under this subpart, unless the cargo has been inspected and passed by an inspector in Guam.</P> <P>(h) <E T="03">Space and facilities for baggage inspection.</E> Baggage inspection will not be performed until the person in charge or possession of the ship, other ocean-going craft, or aircraft provides space and facilities on the means of conveyance, pier, or airport that are adequate, in the inspector's judgment, for the performance of inspection.</P> <CITA>[54 FR 3579, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-11</SECTNO> <SUBJECT>Disinfection of means of conveyance.</SUBJECT> <P>If an inspector, through an inspection pursuant to this subpart, finds that a means of conveyance is infested with or contains plant pests, and the inspector orders disinfection of the means of conveyance, then the person in charge or in possession of the means of conveyance shall disinfect the means of conveyance and its cargo in accordance with an approved method contained in the Plant Protection and Quarantine Treatment Manual under the supervision of an inspector and in a manner prescribed by the inspector, prior to any movement of the means of conveyance or its cargo. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1, “Materials incorporated by reference.”</P> <CITA>[54 FR 3580, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-12</SECTNO> <SUBJECT>Posting of warning notice and distribution of baggage declarations.</SUBJECT> <P>(a) Before any aircraft moving to Guam from Hawaii, or any ship, vessel, or other surface craft from Hawaii arrives within the boundaries of the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States, the master, or other responsible officer thereof, shall cause to be distributed to each adult passenger thereon a baggage declaration <SU>7</SU> <FTREF/> to be furnished by the U.S. Department of Agriculture, calling attention to the provisions of the Plant Protection Act, and the quarantine and regulations in this subpart. These baggage declarations shall be executed and signed by the passengers and shall be collected and delivered by the master or other responsible officer of the ship, vessel, other surface craft, or aircraft, to the inspector on arrival at the quarantine or inspection area.</P> <FTNT> <P> <SU>7</SU> Form No. PPQ 232.</P> </FTNT> <P>(b) Every person owning or controlling any dock, harbor, or landing field in Hawaii from which ships, vessels, other surface craft, or aircraft leave for ports in the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States shall post, and keep posted at all times, in one or more conspicuous places in passenger waiting rooms on or in said dock, harbor, or landing field a warning notice directing attention to the quarantine and regulations in this subpart. <SU>8</SU> <FTREF/> Every master, or other responsible officer of any ship, vessel, other surface craft, or <PRTPAGE P="175"/>aircraft leaving Hawaii destined to a port in the continental United States, Guam, Puerto Rico, or the Virgin Islands of the United States shall similarly post, and keep posted at all times, such a warning notice in the ship, vessel, other surface craft, or aircraft under his charge.</P> <FTNT> <P> <SU>8</SU> An acceptable warning notice appears on Form PPQ-232.</P> </FTNT> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 53 FR 12910, Apr. 20, 1988; 54 FR 391, Jan. 6, 1989. Redesignated and amended at 54 FR 3580, Jan. 25, 1989; 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-13</SECTNO> <SUBJECT>Movements by the Department of Agriculture.</SUBJECT> <P>Notwithstanding any other restrictions of this subpart, articles subject to the requirements of the regulations in this subpart may be moved if they are moved:</P> <P>(a) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(b) Pursuant to a Departmental permit issued for the article and kept on file at the port of departure;</P> <P>(c) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plant pests and diseases; and,</P> <P>(d) With a Departmental tag or label bearing the number of the Departmental permit issued for the article securely attached to the outside of the container of the article or securely attached to the article itself if not in a container.</P> <CITA>[54 FR 3580, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-14</SECTNO> <SUBJECT>Parcel post inspection.</SUBJECT> <P>Inspectors are authorized in accordance with the postal laws and regulations and in cooperation with employees of the U.S. Post Office Department, to inspect parcel post packages placed in the mails in Hawaii and destined to other parts of the United States, to determine whether such packages contain fruits, vegetables, or other regulated articles, the movement of which is not authorized under this subpart, to examine such articles for plant pests, and to notify the postmaster in writing of any violation of this subpart or part 330 of this chapter in connection therewith.</P> <CITA>[33 FR 14623, Oct. 1, 1968. Redesignated at 54 FR 3580, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-15</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the one requesting such services. The Animal and Plant Health Inspection Service will not assume responsibility for any costs or charges, other than those indicated in this section, in connection with the inspection, treatment, conditioning, storage, forwarding, or any other operation of any character incidental to the physical movement of regulated articles or plant pests.</P> <CITA>[33 FR 14623, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 54 FR 3580, Jan. 25, 1989, and further amended at 55 FR 38979, Sept. 24, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-16</SECTNO> <SUBJECT>Withdrawal of certificates, transit permits, limited permits, or compliance agreements.</SUBJECT> <P>Any certificate, transit permit, limited permit, or compliance agreement which has been issued or authorized may be withdrawn by an inspector orally or in writing, if such inspector determines that the holder thereof has not complied with all conditions under the regulations for the use of such document. If the cancellation is oral, the decision and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate, transit permit, limited permit, or compliance agreement has been withdrawn may appeal the decision in writing to the Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate, transit permit, or limited permit was wrongfully withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules <PRTPAGE P="176"/>of practice concerning such a hearing will be adopted by the Administrator.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[52 FR 8865, Mar. 20, 1987. Redesignated at 54 FR 3580, Jan. 25, 1989, and further amended at 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 11, 1993; 58 FR 40190, July 27, 1993; 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.13-17</SECTNO> <SUBJECT>Transit of fruits and vegetables from Hawaii into or through the continental United States.</SUBJECT> <P>Fruits and vegetables from Hawaii otherwise prohibited movement from the State of Hawaii into or through the continental United States by this subpart may transit the continental United States en route to a foreign destination when moved in accordance with this section and any other applicable provisions of this subpart. Any additional restrictions on such movement that would otherwise be imposed by part 301 of this chapter and §§ 318.30 and 318.30a of this part shall not apply.</P> <P>(a) <E T="03">Transit permit.</E> (1) A transit permit is required for the arrival, unloading, and movement into or through the continental United States of fruits and vegetables otherwise prohibited by this subpart from being moved into or through the continental United States from Hawaii. Application for a transit permit must be made in writing.<SU>9</SU> <FTREF/> The transit permit application must include the following information:</P> <FTNT> <P> <SU>9</SU> Applications for transit permits should be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(i) The specific types of fruits and vegetables to be shipped (only scientific or English names are acceptable);</P> <P>(ii) The means of conveyance to be used to transport the fruits and vegetables into or through the continental United States;</P> <P>(iii) The port of arrival in the continental United States, and the location of any subsequent stop;</P> <P>(iv) The location of, and the time needed for, any storage in the continental United States;</P> <P>(v) Any location in the continental United States where the fruits and vegetables are to be transloaded;</P> <P>(vi) The means of conveyance to be used for transporting the fruits and vegetables from the port of arrival in the continental United States to the port of export;</P> <P>(vii) The estimated time necessary to accomplish exportation, from arrival at the port of arrival in the continental United States to exit at the port of export;</P> <P>(viii) The port of export; and</P> <P>(ix) The name and address of the applicant and, if the applicant's address is not within the territorial limits of the United States, the name and address in the United States of an agent whom the applicant names for acceptance of service of process.</P> <P>(2) A transit permit will be issued only if the following conditions are met:</P> <P>(i) APHIS inspectors are available at the port of arrival, port of export, and any locations at which transloading of cargo will take place, and, in the case of air shipments, at any interim stop in the continental United States, as indicated on the application for the transit permit;</P> <P>(ii) The application indicates that the proposed movement would comply with the provisions in this section applicable to the transit permit; and</P> <P>(iii) During the 12 months prior to receipt of the application by APHIS, the applicant has not had a transit permit withdrawn under § 318.13-16 of this subpart, unless the transit permit has been reinstated upon appeal.</P> <P>(b) <E T="03">Limited permit.</E> Fruits and vegetables shipped from Hawaii into or through the continental United States under this section must be accompanied by a limited permit, a copy of which must be presented to an inspector at the port of arrival and the port of export in the continental United States, and at any other location in the continental United States where an air shipment is authorized to stop or where overland shipments change means of conveyance. An inspector will issue a limited permit if the following conditions are met:</P> <P>(1) The inspector determines that the specific type and quantity of the fruits <PRTPAGE P="177"/>and vegetables being shipped are accurately described by accompanying documentation, such as the accompanying manifest, waybill, and bill of lading. (Only scientific or English names are acceptable.) The fruits and vegetables shall be assembled at whatever point and in whatever manner the inspector designates as necessary to comply with the requirements of this section; and</P> <P>(2) The inspector establishes that the shipment of fruits and vegetables has been prepared in compliance with the provisions of this section.</P> <P>(c) <E T="03">Marking requirements.</E> Each of the smallest units, including each of the smallest bags, crates, or cartons, containing fruits and vegetables for transit into or through the continental United States under this section must be conspicuously marked, prior to the locking and sealing of the container in Hawaii, with a printed label that includes a description of the specific type and quantity of the fruits and vegetables (only scientific or English names are acceptable), the transit permit number under which the fruits and vegetables are to be shipped, and, in English, the fact that they were grown in Hawaii and the statement “Distribution in the United States is Prohibited.”</P> <P>(d) <E T="03">Handling of fruits and vegetables.</E> Fruits and vegetables shipped into or through the continental United States from Hawaii in accordance with this section may not be commingled in the same sealed container with articles that are intended for entry and distribution in the continental United States. The fruits and vegetables must be kept in sealed containers from the time the limited permit required by paragraph (b) of this section is issued, until the fruits and vegetables exit the continental United States, except as otherwise provided in the regulations in this section. Transloading must be carried out in accordance with the requirements of paragraphs (a), (h), and (i) of this section.</P> <P>(e) <E T="03">Area of movement.</E> The port of arrival, the port of export, ports for air stops, and overland movement within the continental United States of fruits and vegetables shipped under this section is limited to a corridor that includes all States of the continental United States except Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South Carolina, Tennessee, Texas, and Virginia, except that movement is allowed through Dallas/Fort Worth, Texas, as an authorized stop for air cargo, or as a transloading location for shipments that arrive by air but that are subsequently transloaded into trucks for overland movement from Dallas/Fort Worth into the designated corridor by the shortest route. Movement through the continental United States must begin and end at locations staffed by APHIS inspectors.<SU>10</SU> <FTREF/> </P> <FTNT> <P> <SU>10</SU> For a list of ports staffed by APHIS inspectors, contact the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(f) <E T="03">Movement of fruits and vegetables.</E> Transportation through the continental United States shall be by the most direct route to the final destination of the shipment in the country to which it is exported, as determined by APHIS based on commercial shipping routes and timetables and set forth in the transit permit. No change in the quantity of the original shipment from that described in the limited permit is allowed. No remarking is allowed. No diversion or delay of the shipment from the itinerary described in the transit permit and limited permit is allowed unless authorized by an APHIS inspector upon determination by the inspector that the change will not significantly increase the risk of plant pests or diseases in the United States, and unless each port to which the shipment is diverted is staffed by APHIS inspectors.</P> <P>(g) <E T="03">Notification in case of emergency.</E> In the case of an emergency such as an accident, a mechanical breakdown of the means of conveyance, or an unavoidable deviation from the prescribed route, the person in charge of the means of conveyance must, as soon as practicable, notify the APHIS office at the port where the cargo arrived in the continental United States.</P> <P>(h) <E T="03">Shipments by sea.</E> Except as authorized by this paragraph, shipments arriving in the continental United <PRTPAGE P="178"/>States by sea from Hawaii may be transloaded once from a ship to another ship or, alternatively, once to a truck or railcar at the port of arrival and once from a truck or railcar to a ship at the port of export, and must remain in the original sealed container, except under extenuating circumstances and when authorized by an inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision.</P> <P>(i) <E T="03">Shipments by air.</E> (1) Shipments arriving in the continental United States by air from Hawaii may be transloaded only once in the continental United States. Transloading of air shipments must be carried out in the presence of an APHIS inspector. Shipments arriving by air that are transloaded may be transloaded either into another aircraft or into a truck trailer for export by the most direct route to the final destination of the shipment through the designated corridor set forth in paragraph (e) of this section. This may be done at either the port of arrival in the United States or at the second air stop within the designated corridor, as authorized in the transit permit and as provided in paragraph (i)(2) of this section. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an APHIS inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision. Transloading of air shipments will be authorized only if the following conditions are met:</P> <P>(i) The transloading is done into sealable containers;</P> <P>(ii) The transloading is carried out within the secure area of the airport—<E T="03">i.e.</E>, that area of the airport that is open only to personnel authorized by the airport security authorities;</P> <P>(iii) The area used for any storage is within the secure area of the airport; and</P> <P>(iv) APHIS inspectors are available to provide the supervision required by paragraph (i)(1) of this section.</P> <P>(2) Except as authorized by paragraph (f) of this section, shipments that continue by air from the port of arrival in the continental United States may be authorized by APHIS for only one additional stop in the continental United States, provided the second stop is within the designated corridor set forth in paragraph (e) of this section and is staffed by APHIS inspectors. As an alternative to transloading a shipment arriving in the United States into another aircraft, shipments that arrive by air may be transloaded into a truck trailer for export by the most direct route to the final destination of the shipment through the designated corridor set forth in paragraph (e) of this section. This may be done at either the port of arrival in the United States or at the second authorized air stop within the designated corridor. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an APHIS inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision.</P> <P>(j) <E T="03">Duration and location of storage.</E> Any storage in the continental United States of fruits and vegetables shipped under this section must be for a duration and in a location authorized in the transit permit required by paragraph (a) of this section. Areas where such fruits and vegetables are stored must be either locked or guarded at all times the fruits and vegetables are present. <PRTPAGE P="179"/>Cargo shipped under this section must be kept in a sealed container while stored in the continental United States.</P> <P>(k) <E T="03">Temperature requirement.</E> Except for time spent on aircraft and except during storage and transloading of air shipments, the temperature in the sealed containers containing fruits and vegetables moved under this section must be 60 °F or lower from the time the fruits and vegetables leave Hawaii until they exit the continental United States.</P> <P>(l) <E T="03">Prohibited materials.</E> (1) The person in charge of or in possession of a sealed container used for movement into or through the continental United States under this section must ensure that the sealed container is carrying only those fruits and vegetables authorized by the transit permit required under paragraph (a) of this section; and</P> <P>(2) The person in charge of or in possession of any means of conveyance or container returned to the United States without being reloaded after being used to export fruits and vegetables from the United States under this section must ensure that the means of conveyance or container is free of materials prohibited importation into the United States under this chapter.</P> <P>(m) Authorization by APHIS of the movement of fruits and vegetables into or through the continental United States under this section does not imply that the fruits and vegetables are enterable into the destination country. Shipments returned to the United States from the destination country shall be subject to all applicable regulations, including “Subpart—Fruits and Vegetables” of part 319 of this chapter, and part 352 of this chapter.</P> <P>(n) Any restrictions and requirements with respect to the arrival, temporary stay, unloading, transloading, transiting, exportation, or other movement or possession in the United States of any fruits or vegetables under this section shall apply to any person who, respectively, brings into, maintains, unloads, transloads, transports, exports, or otherwise moves or possesses in the United States such fruits or vegetables, whether or not that person is the one who was required to have a transit permit or limited permit for the fruits or vegetables or is a subsequent custodian of the fruits or vegetables. Failure to comply with all applicable restrictions and requirements under this section by such a person shall be deemed to be a violation of this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[58 FR 7959, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sweetpotatoes</HD> <SECTION> <SECTNO>§ 318.30</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The Administrator of the Animal and Plant Health Inspection Service has determined that it is necessary to quarantine Hawaii and Puerto Rico to prevent the spread to other parts of the United States of the sweetpotato scarabee (Euscepes postfasciatus Fairm.), and the sweetpotato stem borer (Omphisa anastomosalis Guen.), dangerous insect infestations new to and not widely prevalent or distributed within or throughout the United States, and that it is necessary also to quarantine the Virgin Islands of the United States to prevent the spread to other parts of the United States of the sweetpotato scarabee.</P> <P>(b) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, Puerto Rico, and the Virgin Islands of the United States are quarantined to prevent the spread of the sweetpotato scarabee (<E T="03">Euscepes postfasciatus</E> Fairm.) and the sweetpotato stem borer (<E T="03">Omphisa anastomosalis</E> Guen.).</P> <P>(c) No variety of sweetpotatoes (Ipomoea batatas Poir.) shall be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State, Territory, or District of the United States: <E T="03">Provided,</E> That the prohibitions of this section shall not prohibit the movement of <PRTPAGE P="180"/>sweetpotatoes in either direction between Puerto Rico and the Virgin Islands of the United States; nor prohibit the movement of sweetpotatoes by the U.S. Department of Agriculture for scientific or experimental purposes; nor prohibit the movement from Puerto Rico or the Virgin Islands of the United States of sweetpotatoes which the Deputy Administrator of the Plant Protection and Quarantine Programs may authorize under permit or certificate to such northern ports of the United States as he may designate in such permit or certificate, conditioned upon the fumigation of such sweetpotatoes under the supervision of an inspector of said Programs either in Puerto Rico or the Virgin Islands of the United States or at the designated port of arrival, in a manner approved by the said Deputy Administrator; nor prohibit the movement from Hawaii of sweetpotatoes which the Deputy Administrator of the Plant Protection and Quarantine Programs may authorize under permit or certificate to such ports of the United States as he may designate in such permit or certificate, conditioned upon the fumigation of such sweetpotatoes in Hawaii under the supervision of an inspector of said Programs, in a manner approved by the said Deputy Administrator: <E T="03">Provided, further,</E> That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that facts exist as to pest risk involved in the movement of sweetpotatoes or any classification thereof to which this subpart applies, making it safe to modify, by making less stringent, the requirements contained therein, he shall set forth and publish such finding in administrative instructions specifying the manner in which the subpart should be made less stringent, whereupon such modification shall become effective.</P> <P>(d) As used in this section, the term <E T="03">State, Territory, or District of the United States</E> means “Guam, Hawaii, Puerto Rico, the Virgin Islands of the United States, or the continental United States.”</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.30a</SECTNO> <SUBJECT>Administrative instructions authorizing movement from Puerto Rico of certain sweetpotatoes grown under specified conditions.</SUBJECT> <P>The Deputy Administrator of the Plant Protection and Quarantine Programs hereby finds that facts exist as to the pest risk involved in the movement of sweetpotatoes to which § 318.30 applies, making it safe to modify by making less stringent the requirements of § 318.30 with respect to washed sweetpotatoes graded by inspectors of the Commonwealth of Puerto Rico in accordance with Puerto Rican standards which do not provide a tolerance for insect infestation or evidence of insect injury and found by such inspectors to comply with such standards. Hereafter, in addition to movement authorized under § 318.30(c), such sweetpotatoes will be eligible for inspection by a Branch inspector to determine whether they are free of the sweetpotato scarabee (Euscepes postfasciatus Fairm.) and for certification for movement from Puerto Rico to Baltimore, Maryland, and Atlantic Coast ports north thereof if found free of such insect, provided the sweetpotatoes are certified by an inspector of the Commonwealth of Puerto Rico as having been so washed and graded and as having been grown in accordance with the following procedures:</P> <P>(a) Fields in which the sweetpotatoes have been grown shall have been given a preplanting treatment with an approved soil insecticide.</P> <P>(b) Before planting in such treated fields, the sweetpotoato draws and vine cuttings shall have been dipped in an approved insecticidal solution.</P> <P>(c) During the growing season an approved insecticide shall have been applied to the vines at prescribed intervals.<PRTPAGE P="181"/> </P> <FP>The sweetpotatoes shall be inspected by an inspector of the Plant Protection and Quarantine Programs prior to shipment from Puerto Rico.</FP> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Territorial Cotton, Cottonseed, and Cottonseed Products</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 318.47</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The Secretary of Agriculture having previously quarantined Hawaii and Puerto Rico on account of the pink bollworm of cotton (Pectinophora gossypiella Saunders) and the cotton blister mite (Eriophyes gossypii Banks), insect pests new to and not widely prevalent or distributed within and throughout the United States, now determines that it is necessary to extend the quarantine to prevent the spread of these insects from the Virgin Islands of the United States, where they are known to occur.</P> <P>(b) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, Puerto Rico, and the Virgin Islands of the United States are quarantined to prevent the spread of the aforementioned insect pests.</P> <P>(c) All parts and products of plants of the genus Gossypium, such as seeds including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber; cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste; and all other unmanufactured parts of cotton plants; and all second-hand burlap and other fabric which have been used, or are of the kinds ordinarily used, for wrapping or containing cotton, are hereby prohibited movement from the Hawaii, Puerto Rico, and the Virgin Islands of the United States into or through any other State, Territory or District of the United States, in manner or method or under conditions other than those prescribed in the regulations hereinafter made or amendments thereto: <E T="03">Provided,</E> That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to the pest risk involved in the movement of the articles to which the regulations supplemental hereto apply, make it safe to modify, by making less stringent, the restrictions contained in any such regulations, he shall set forth and publish such findings in administrative instructions, specifying the manner in which the regulations should be made less stringent, whereupon such modification shall become effective.</P> <P>(d) As used in this subpart, unless the context otherwise requires, the term <E T="03">State, Territory, or District of the United States</E> means State, the District of Columbia, Alaska, Guam, Hawaii, Puerto Rico, or the Virgin Islands of the United States.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.47a</SECTNO> <SUBJECT>Administrative instructions relating to Guam.</SUBJECT> <P>The plants, products and articles specified in § 318.47(c) may be moved from Hawaii into or through Guam without restriction under this subpart.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> </SUBJGRP> <CROSSREF> <HD SOURCE="HED">Cross Reference:</HD> <P>For rules and regulations governing the importation of cotton and cottonseed products into the United States, see §§ 319.8 to 319.8-27 of this chapter.</P> </CROSSREF> <SECTION> <SECTNO>§ 318.47-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For the purpose of the regulations in this subpart the following words, names, and terms shall be construed, respectively, to mean:</P> <P>(a) <E T="03">Cotton.</E> Parts and products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters and other forms of cotton fiber; cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste; and all other unmanufactured parts of cotton plants; and second-hand burlap and other fabric which have been used, or are of the kinds ordinarily used, for wrapping or containing cotton.</P> <P>(b) <E T="03">Seed cotton.</E> The unginned lint and seed admixture, just as it is picked from the cotton boll.</P> <P>(c) <E T="03">Cottonseed.</E> The seed of the cotton plant, either separated from the lint or as a component part of seed cotton.</P> <P>(d) <E T="03">Lint.</E> All forms of raw or unmanufactured ginned cotton, either baled or <PRTPAGE P="182"/>unbaled, including all cotton fiber, except linters, which has not been woven or spun, or otherwise manufactured.</P> <P>(e) <E T="03">Linters.</E> All forms of unmanufactured cotton fiber separated from cottonseed after the lint has been removed, including that form referred to as “hull fiber.”</P> <P>(f) <E T="03">Waste.</E> All forms of cotton waste derived from the manufacture of cotton lint, in any form or under any trade designation, including gin waste; and waste products derived from the milling of cottonseed.</P> <P>(g) <E T="03">Seedy waste.</E> Picker waste, gin waste, and oil mill waste, and any other cotton by-products capable of carrying a high percentage of cottonseed.</P> <P>(h) <E T="03">Clean waste.</E> Wastes derived from the processing of lint in machines after the card machine, including card strips but not card fly.</P> <P>(i) <E T="03">Bale covers.</E> Second-hand burlap and other second-hand fabric by whatever trade designation, which have been used, or are of the kinds ordinarily used, for wrapping or otherwise containing cotton. Burlap and other fabric of the kinds ordinarily used for wrapping cotton, when new or unused, are excluded from this definition.</P> <P>(j) <E T="03">Certificate</E> (<E T="03">certification, certified</E>). A type of authorization, evidencing freedom from infestation, issued by the Deputy Administrator of the Plant Protection and Quarantine Programs to allow the movement of lint, linters, waste, seed cotton, cottonseed, cottonseed hulls, cake, and meal, and bale covers in accordance with the regulations in this subpart. “Certification” and “certified” shall be construed accordingly.</P> <P>(k) <E T="03">Permit.</E> A type of general authorization issued by the Deputy Administrator of the Plant Protection and Quarantine Programs to allow the movement of lint, linters, waste other than seedy waste, cottonseed cake and meal, and bale covers in accordance with the regulations in this subpart.</P> <P>(l) <E T="03">Fumigated.</E> Fumigated under the supervision of an inspector of the Plant Protection and Quarantine Programs in a fumigation plant approved by the Deputy Administrator of said Programs and in accordance with methods approved by him.</P> <P>(m) <E T="03">Moved</E> (<E T="03">movement, move</E>). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved, directly or indirectly, from Hawaii, Puerto Rico, or the Virgin Islands of the United States, into or through any other State, Territory, or District of the United States. “Movement” and “move” shall be construed accordingly.</P> </SECTION> <SECTION> <SECTNO>§ 318.47-2</SECTNO> <SUBJECT>Articles the movement of which is prohibited or regulated.</SUBJECT> <P>(a) <E T="03">Articles prohibited movement.</E> The movement of seed cotton, cottonseed, and seedy waste, when unfumigated, is prohibited except as provided in § 318.47-3(b)(2).</P> <P>(b) <E T="03">Articles the movement of which is regulated.</E> Lint; linters; waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale covers may be moved upon compliance with the conditions prescribed in § 318.47-3.</P> </SECTION> <SECTION> <SECTNO>§ 318.47-3</SECTNO> <SUBJECT>Conditions governing the issuance of certificates and permits.</SUBJECT> <P>(a) <E T="03">Fumigated lint; linters; waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale covers.</E> Lint; linters; waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale covers, fumigated in the Territory or District of origin and so certified, are allowed unrestricted movement to any port.</P> <P>(b) <E T="03">Unfumigated lint, linters, waste, and bale covers.</E> (1) Unfumigated Hawaiian, Puerto Rican, or Virgin Islands of the United States lint, linters, waste other than seedy waste, and bale covers will be allowed to move under permit, by all-water route, for entry only at the ports of Norfolk, Baltimore, New York, Boston, San Francisco, and Seattle, or other port of arrival designated in the permit, and at such designated port of arrival shall become subject to the regulations governing the handling of cotton imported from foreign countries.</P> <P>(2) Fumigation may be waived and certificates issued for lint, linters, and waste which have been determined by an inspector of the Plant Protection and Quarantine Programs to have been so manufactured or processed by <PRTPAGE P="183"/>bleaching, dyeing, or other means, as to have removed all seeds, or to have destroyed all insect life therein.</P> <P>(c) <E T="03">Cottonseed cake and meal.</E> (1) Cottonseed cake and meal which have been inspected in the Territory or District of origin and certified by an inspector of the Plant Protection and Quarantine Programs as being free from contamination with whole, uncrushed cottonseed, will be allowed unrestricted movement to any port.</P> <P>(2) Hawaiian, Puerto Rican, and Virgin Islands of the United States cottonseed cake and meal, when neither fumigated nor inspected in accordance with the provisions of this section, will be allowed entry under permit through any port at which the services of an inspector are available, subject to examination by an inspector for freedom from contamination with uncrushed cottonseed. If found to be free from such contamination, the cottonseed cake or meal may be released from further entry restrictions. Cottonseed cake or meal found to be contaminated shall be refused entry or subjected as a condition of entry and release to such safeguards as may be prescribed by the inspector from such administratively approved methods as will, in his judgment, be necessary to eliminate infestations of the pink bollworm or cotton blister mite.</P> </SECTION> <SECTION> <SECTNO>§ 318.47-4</SECTNO> <SUBJECT>Shipments by the Department of Agriculture.</SUBJECT> <P>Cotton may be moved by the Department of Agriculture for experimental or scientific purposes under such conditions as may be prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, which conditions may include clearance through the New Crops Research Branch of the Plant Science Research Division, Agricultural Research Service.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Fruits and Vegetables From Puerto Rico or Virgin Islands</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 318.58</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Puerto Rico and the Virgin Islands of the United States are quarantined to prevent the spread of certain dangerous insects that are not widely prevalent or distributed within and throughout the United States, including the fruit flies <E T="03">Anastrepha suspensa</E> (Loew) and <E T="03">A. mombinpraeoptans</E> Sein; the bean pod borer <E T="03">Maruca testulalis</E> (Geyer); and a cactus borer, <E T="03">Cactoblastis cactorum</E> (Berg.).</P> <P>(b) No fruits or vegetables, in the raw or unprocessed state, shall be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved, by any person from Puerto Rico or the Virgin Islands of the United States into or through Guam, Hawaii, or the continental United States, and no cactus plants or parts thereof shall be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved, by any person from the Virgin Islands of the United States into or through Guam, Puerto Rico, or the continental United States; in any manner or method or under conditions other than those prescribed in the regulations hereinafter made or amendments thereto: <E T="03">Provided,</E> That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to the pest risk involved in the movement of any of the articles to which the regulations supplemental hereto apply, make it safe to modify, by making less stringent, the restrictions contained in any of such regulations, he shall publish such finding in administrative instructions, specifying the manner in which the restrictions shall be made less stringent, whereupon such modification shall become effective; or he may, when the public interest will permit, with respect to the movement of any of such articles to Guam, upon request in specific cases and notification to the person making the request, authorize their certification under conditions, specified in the certificate to carry out the purposes of this subpart, that are less <PRTPAGE P="184"/>stringent than those contained in the regulations.</P> <P>(c) No restrictions are placed hereby on the movement of fruits or vegetables in either direction between Puerto Rico and the Virgin Islands of the United States.</P> <P>(d) This subpart leaves in full force and effect § 318.30 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of all varieties of sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and effect § 318.60 which restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State or certain Territories or Districts of the United States of sand, soil, or earth about the roots of plants.</P> <P>(e) Regulations governing the movement of live plant pests designated in this section are contained in part 330 of this chapter.</P> <CITA>[28 FR 13281, Dec. 7, 1963, as amended at 30 FR 748, Jan. 23, 1965; 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 318.58-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any other employee of the Animal and Plant Health Inspection Service authorized to act in the Administrator's stead.</P> <P> <E T="03">Animal and Plant Health Inspection Service.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS).</P> <P> <E T="03">Cactus plants.</E> Any of various fleshy-stemmed plants of the botanical family Cactaceae.</P> <P> <E T="03">Certificate.</E> A document signed by an inspector certifying that a particular ship, vessel, other surface craft, or aircraft, or any specified lot or shipment of fruits or vegetables or other plant materials, via baggage, parcel post, express, freight or other mode of transportation, has been inspected and found apparently free from articles the movement of which is prohibited by the quarantine and regulations in this subpart, and from the plant pests referred to in said quarantine; or that the lot or shipment is of such a nature that no danger of infestation or infection is involved; or that it has been treated in a manner to eliminate infestation. A certificate covering treated products must state the treatment applied.</P> <P> <E T="03">Continental United States.</E> The 48 contiguous States, Alaska, and the District of Columbia.</P> <P> <E T="03">Fruits and vegetables.</E> The edible, more or less succulent, portions of food plants in the raw or unprocessed state, such as bananas, oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.</P> <P> <E T="03">Inspector.</E> An inspector of the Plant Protection and Quarantine Programs, United States Department of Agriculture.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Limited permit.</E> A document issued by an inspector for the interstate movement of regulated articles to a specified destination for:</P> <P>(1) Consumption, limited utilization or processing, or treatment, in conformity with a compliance agreement; or</P> <P>(2) Movement into or through the continental United States in conformity with a transit permit.</P> <P> <E T="03">Means of conveyance.</E> For the purposes of § 318.58-12 of this subpart, “means of conveyance” shall mean a ship, truck, aircraft, or railcar.</P> <P> <E T="03">Moved</E> (<E T="03">movement and move</E>). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person as specified in § 318.58(b) with respect to fruits and vegetables and with respect to fruits and vegetables and with respect to cactus plants and parts thereof. “Movement” and “move” shall be construed accordingly.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, association, or other organized group.</P> <P> <E T="03">Plant litter.</E> Leaves, twigs, or other portions of plants, or plant remains or rubbish as distinguished from clean fruits and vegetables, or other commercial articles.<PRTPAGE P="185"/> </P> <P> <E T="03">Sealed (sealable) container.</E> A completely enclosed container designed for the storage and/or transportation of commercial air, sea, rail, or truck cargo, and constructed of metal or fiberglass, or other similarly sturdy and impenetrable material, providing an enclosure accessed through doors that are closed and secured with a lock or seal. Sealed (sealable) containers used for sea shipments are distinct and separable from the means of conveyance carrying them when arriving in and in transit through the continental United States. Sealed (sealable) containers used for air shipments are distinct and separable from the means of conveyance carrying them before any transloading in the continental United States. Sealed (sealable) containers used for air shipments after transloading in the continental United States or for overland shipments in the continental United States may either be distinct and separable from the means of conveyance carrying them, or be the means of conveyance itself.</P> <P> <E T="03">State.</E> Each of the 50 States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <P> <E T="03">Transit permit.</E> A written authorization issued by the Administrator for the movement of fruits and vegetables en route to a foreign destination that are otherwise prohibited movement by this subpart into or through the continental United States. Transit permits authorize one or more shipments over a designated period of time.</P> <P> <E T="03">Transloading.</E> The transfer of cargo from one sealable container to another, from one means of conveyance to another, or from a sealable container directly into a means of conveyance.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36 FR 24917, Dec. 24, 1971; 54 FR 3580, Jan. 25, 1989; 58 FR 7961, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>(a) <E T="03">Prohibited movement.</E> Fruits, vegetables, and other products specified in § 318.58 and not eligible for inspection and certification under § 318.58-4 or otherwise expressly authorized movement in the regulations in this subpart are prohibited movements.</P> <P>(b) <E T="03">Regulated movement.</E> (1) Subject to the conditions provided in this section, and to any treatment prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, the following fruits and vegetables may be moved when they are free from plant litter, are marked in compliance with § 318.58-6, and have been inspected by an inspector and certified by him to be free from injurious insect infestation (including the West Indian fruitfly and the bean pod borer) or to have been given prescribed treatment: </P> <EXTRACT> <P>Citrus fruits (orange, grapefruit, lemon, citron, and lime);</P> <P>Corn (sweet corn on cob);</P> <P>Mangoes (<E T="03">Mangifera</E> spp.), no larger than size 8 (no more than 700 g each), when treated as prescribed in the Plant Protection and Quarantine Treatment Manual;</P> <P>Peppers;</P> <P>String beans, lima beans, faba beans, and pigeon peas, in the pod, and fresh okra. However, products within this subparagraph will be certified for movement to Pacific Coast ports or to Atlantic Coast ports south of Baltimore, Maryland, only when they have been treated as prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, and under the supervision of an inspector. Such products may be certified for movement to Baltimore, Maryland, and Atlantic Coast ports north thereof without such treatment, but untreated fresh okra may be so certified only for immediate processing or consumption in these northern areas.</P> </EXTRACT> <P>(2) The following fruits and vegetables are subject to inspection, either in the field or when presented for shipment, as the inspector may require, but unless found by him to be infested shall be free to move without certification, marking, treatment, or other requirements of this subpart, except that they must be free from plant litter and soil: <E T="03">Provided,</E> That if the inspector shall find any field, grove, lot, shipment, or container of such fruits and vegetables infested with injurious insects, he shall notify the owner or person in charge, in writing, of the existence of the infestation and the extent thereof, and thereafter movement of the fruit or vegetable so specified shall be prohibited while the infestation persists, unless in the judgment of the inspector movement may be safely <PRTPAGE P="186"/>allowed subject to certification after having been given an approved treatment, or after sorting, conditioning, or other effective safeguard measures: </P> <EXTRACT> <FP SOURCE="FP-1">Algarroba pods (Hymenaea courbaril).</FP> <FP SOURCE="FP-1">Allium spp. (onion, chive, garlic, leek, scallion, shallot).</FP> <FP SOURCE="FP-1">Anise (Pimpinella anisum).</FP> <FP SOURCE="FP-1">Apio, celery root (Arracacia xanthorrhiza).</FP> <FP SOURCE="FP-1">Arrowroot (Maranta arundinacea).</FP> <FP SOURCE="FP-1">Artichoke, Jerusalem (Helianthus tuberosus).</FP> <FP SOURCE="FP-1">Asparagus.</FP> <FP SOURCE="FP-1">Avocado.</FP> <FP SOURCE="FP-1">Balsamapple, balsam-pear (Momordica balsamina; M. charantia).</FP> <FP SOURCE="FP-1">Banana and plantain (fruit).</FP> <FP SOURCE="FP-1">Banana leaves (fresh, without stalks or midrib).</FP> <FP SOURCE="FP-1">Beans (fresh shelled lima and faba beans).</FP> <FP SOURCE="FP-1">Beet, including Swiss chard.</FP> <FP SOURCE="FP-1">Brassica oleracea (cabbage, cauliflower, Brussels sprouts, broccoli, collard, kale, kohlrabi, Savoy).</FP> <FP SOURCE="FP-1">Breadfruit, jackfruit (Artocarpus spp.).</FP> <FP SOURCE="FP-1">Cacao bean (Theobroma cacao).</FP> <FP SOURCE="FP-1">Carrot.</FP> <FP SOURCE="FP-1">Celery.</FP> <FP SOURCE="FP-1">Chayote (Sechium edule).</FP> <FP SOURCE="FP-1">Chicory, endive (Cichorium intybus).</FP> <FP SOURCE="FP-1">Citrus fruit (citron, grapefruit, lemon, lime, and orange) destined for ports on the Atlantic seaboard north of and including Baltimore.</FP> <FP SOURCE="FP-1">Cucumbers, including Angola cucumber (Sicania odorata).</FP> <FP SOURCE="FP-1">Culantro, coriander (Eryngium foetidum; Coriandrum sativum).</FP> <FP SOURCE="FP-1">Dasheen, malanga, taro (Colocasia and Caladium spp.).</FP> <FP SOURCE="FP-1">Eggplant.</FP> <FP SOURCE="FP-1">Fennel.</FP> <FP SOURCE="FP-1">Ginger root (Zingiber officinale).</FP> <FP SOURCE="FP-1">Horseradish (Armoracia).</FP> <FP SOURCE="FP-1">Kudzu (Pueraria thunbergiana).</FP> <FP SOURCE="FP-1">Lerens, sweet corn root (Calathea allouia).</FP> <FP SOURCE="FP-1">Lettuce.</FP> <FP SOURCE="FP-1">Mangosteen (Garcinia mangostana).</FP> <FP SOURCE="FP-1">Mustard greens.</FP> <FP SOURCE="FP-1">Palm hearts.</FP> <FP SOURCE="FP-1">Papaya, lechosa (Carica papaya).</FP> <FP SOURCE="FP-1">Parsley.</FP> <FP SOURCE="FP-1">Parsnip.</FP> <FP SOURCE="FP-1">Peas (in pod) (Pissum sativum).</FP> <FP SOURCE="FP-1">Pigeonpea (fresh shelled).</FP> <FP SOURCE="FP-1">Pineapple.</FP> <FP SOURCE="FP-1">Potato.</FP> <FP SOURCE="FP-1">Quenepa (Melicocca bijuga).</FP> <FP SOURCE="FP-1">Radish.</FP> <FP SOURCE="FP-1">Rhubarb.</FP> <FP SOURCE="FP-1">Rutabaga.</FP> <FP SOURCE="FP-1">Spinach.</FP> <FP SOURCE="FP-1">Squash, pumpkin, watermelon, vegetable-marrow, cantaloup, calabaza.</FP> <FP SOURCE="FP-1">Strawberry.</FP> <FP SOURCE="FP-1">Tamarind beanpod (Tamarindus indica).</FP> <FP SOURCE="FP-1">Tomato.</FP> <FP SOURCE="FP-1">Turnip.</FP> <FP SOURCE="FP-1">Watercress.</FP> <FP SOURCE="FP-1">Waterlily root, lotus root (Nelumbium nelumbo).</FP> <FP SOURCE="FP-1">Yam, name (Dioscorea spp.).</FP> <FP SOURCE="FP-1">Yautia, tanier (Xanthosoma spp.).</FP> <FP SOURCE="FP-1">Yuca, cassava (Manihot esculenta).</FP> </EXTRACT> <P>(3) Cactus plants or parts thereof from the Virgin Islands of the United States may be moved to Guam, Puerto Rico, or the continental United States when they have been given an approved treatment and are so certified by an inspector.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 30 FR 749, Jan. 23, 1965; 36 FR 24917, Dec. 24, 1971. Redesignated and amended at 54 FR 3580, Jan. 25, 1989; 55 FR 5436, Feb. 15, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-3</SECTNO> <SUBJECT>Conditions of movement.</SUBJECT> <P>(a) <E T="03">To any destination.</E> Any regulated articles may be moved interstate from Puerto Rico or the Virgin Islands of the United States in accordance with this subpart to any destination if:</P> <P>(1) The movement is authorized by a valid certificate issued in accordance with § 318.58-4, or</P> <P>(2) The movement is exempted from certificate requirements by administrative instructions in this subpart.</P> <P>(b) <E T="03">To a foreign destination after transiting the continental United States.</E> Fruits and vegetables from Puerto Rico and the Virgin Islands of the United States that are otherwise prohibited movement from those territories into or through the continental United States by this subpart may transit the continental United States en route to a foreign destination when moved in accordance with § 318.58-12 of this subpart.</P> <P>(c) <E T="03">Segregation of certified articles.</E> Articles authorized for movement by a certificate after treatment in accordance with § 318.58-4(b), taken aboard any ship, vessel, other surface craft, or aircraft in Puerto Rico or the Virgin Islands of the United States, must, under the supervision of an inspector, be segregated and protected from infestation by any plant pest or disease.</P> <P>(d) <E T="03">Attachment of certificates.</E> Except as otherwise provided for certain air cargo and containerized cargo on ships moved in accordance with § 318.58-10, <PRTPAGE P="187"/>each box, bale, crate, or other container of regulated articles moved under a certificate shall have the certificate attached to the outside of the container: <E T="03">Provided,</E> that if a certificate is issued for a shipment of more than one container or for bulk products, the certificate shall be attached to or stamped on the accompanying waybill, manifest, or bill of lading.</P> <CITA>[54 FR 3580, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-4</SECTNO> <SUBJECT>Issuance of certificates or limited permits.</SUBJECT> <P>Under the following conditions, an inspector may issue a certificate or limited permit for the movement of regulated articles to be moved in accordance with this subpart:</P> <P>(a) <E T="03">Certification on basis of inspection or nature of lot involved.</E> An inspector may issue a certificate for fruits and vegetables designated in § 318.58-2(b)(1) after he has inspected them and found that they appear free from infestation and infection, or has determined without an inspection that the lot for shipment is of such a nature that there appears to be no danger of infestation or infection.</P> <P>(b) <E T="03">Certification on basis of treatment.</E> Fruits and vegetables designated in § 318.58-2(b) may be certified after undergoing an approved treatment contained in the Plant Protection and Quarantine Treatment Manual under the supervision of an inspector and if the articles are handled after treatment in accordance with all conditions that the inspector requires. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1, “materials incorporated by reference.” Treatments shall be applied at the expense of the shipper, owner, or person in charge of the articles. The Department of Agriculture or its inspector will not be responsible for loss or damage resulting from any treatment prescribed or supervised under this subpart.</P> <P>(c) An inspector may issue a limited permit for the movement of fruits and vegetables otherwise prohibited movement under this subpart, if the articles are to be moved in accordance with § 318.58-12 of this subpart.</P> <CITA>[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-4a</SECTNO> <SUBJECT>Administrative instructions authorizing the movement from Puerto Rico of frozen fruits and vegetables.</SUBJECT> <P>(a) The type of treatment designated in this subpart as freezing shall be one of the commercially-acceptable methods that involves initial freezing at subzero temperatures and subsequent storage at not higher than 0 °F., with a storage tolerance of plus 20 °F. Such treatments are commonly known as quick freezing, sharp freezing, frozen-pack, or cold-pack. Any equivalent freezing method is also included in this designation.</P> <P>(b) The Deputy Administrator of the Plant Protection and Quarantine Programs is satisfied that the movement of all fruits and vegetables specified in § 318.58-2, when frozen, will not result in the dissemination of injurious insects. Accordingly, pursuant to the authority contained in the proviso of § 318.58-2, all fruits and vegetables specified therein, when frozen, are hereby removed from a prohibited status and are included in the list for which movement from Puerto Rico into or through any other State, Territory, or District is authorized in § 318.58-3. Freezing is hereby prescribed as an approved treatment meeting the treatment requirements for the movement of fruits and vegetables specified in § 318.58-3. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Further information concerning the movement of frozen fruits and vegetables from Puerto Rico may be obtained from the Plant Protection and Quarantine Programs, Room 4, Post Office Bldg., P.O. Box 3386, San Juan, PR 00901.</P> </FTNT> <P>(c) The inspector in Puerto Rico shall determine that such fruits and vegetables are in a satisfactory frozen state before issuing a certificate. The inspector on the mainland will release the shipment on the basis of the certificate issued in Puerto Rico.</P> <P>(d) The movement from Puerto Rico of frozen fruits and vegetables is not authorized when such fruits and vegetables are subject to attack, in the area of origin, by plant pests that may <PRTPAGE P="188"/>not, in the judgment of the Deputy Administrator of the Plant Protection and Quarantine Programs, be destroyed by freezing.</P> <P>(e) Freezing of fruits and vegetables as authorized in these instructions is considered necessary for the elimination of pest risk, and no liability shall attach to the United States Department of Agriculture or to any officer or representative of that Department in the event of injury resulting to fruits or vegetables offered for movement in accordance with these instructions.</P> <CITA>[24 FR 10777, Dec. 29, 1959. Redesignated at 54 FR 3581, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-5</SECTNO> <SUBJECT>Application for inspection.</SUBJECT> <P>Persons intending to move any of the products for which certification is required under § 318.58-3 shall make application for inspection thereof as far as possible in advance of the probable date of shipment. The application shall show the quantity of the products which it is proposed to move, their identifying marks and numbers, their exact location, and the contemplated date of shipment. Forms on which to make application for inspection will be furnished, upon request, by the United States Department of Agriculture, Plant Protection and Quarantine Programs.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36 FR 24917, Dec. 24, 1971. Redesignated at 54 FR 3580, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-6</SECTNO> <SUBJECT>Marking of containers.</SUBJECT> <P>No products for which certification is required under § 318.58-3 shall be moved unless the crate, box, bale, or other container thereof is so marked with the marks and numbers given on the application that it may be identified at the port of first arrival.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-7</SECTNO> <SUBJECT>Products as ships’ stores or in the possession of passengers and crew.</SUBJECT> <P>The movement of products is permitted from Puerto Rico or the Virgin Islands of the United States as ships’ stores or in the possession of passengers and crew on ships or other ocean-going craft plying between Puerto Rico or the Virgin Islands of the United States and any other State, Territory, or District of the United States or aircraft moving from Puerto Rico or the Virgin Islands of the United States to Guam: <E T="03">Provided,</E> That all such products shall upon arrival in Hawaii, Guam, or the continental United States be submitted for inspection and disposition as provided in § 318.58-8, they must be free from infestation with injurious insects; those products not listed in § 318.58-3 shall not be landed; and prohibited products retained aboard shall be subject to the safeguards provided in § 352.8 of this chapter.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 54 FR 3581, Jan. 25, 1989; 58 FR 7962, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-8</SECTNO> <SUBJECT>Articles and persons subject to inspection.</SUBJECT> <P>Persons, means of conveyance (including ships, other ocean-going craft, and aircraft), baggage, cargo, and any other articles that are destined for movement, are moving, or have been moved from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States are subject to agricultural inspection at the port of departure, the port of arrival, and/or any other authorized port. If an inspector finds any article prohibited movement by the quarantine and regulations of this subpart, he or she, taking the least drastic action, shall order the return of the article to the place of origin or the exportation of the article, under safeguards satisfactory to him or her, or otherwise dispose of it, in whole or part, to comply with the quarantine and regulations of this subpart.</P> <CITA>[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-9</SECTNO> <SUBJECT>Inspection of means of conveyance.</SUBJECT> <P>(a) <E T="03">Inspection of aircraft prior to departure.</E> No person shall move any aircraft from Puerto Rico or the Virgin Islands of the United States to any other State, District, or Territory of the United States, except Guam, unless the <PRTPAGE P="189"/>person moving the aircraft has contacted an inspector and offered the inspector the opportunity to inspect the aircraft prior to departure and the inspector has informed the person proposing to move the aircraft that the aircraft may depart.</P> <P>(b) <E T="03">Inspection of aircraft moving to Guam.</E> Any person who has moved an aircraft from Puerto Rico or the Virgin Islands of the United States to Guam shall contact an inspector and offer the inspector the opportunity to inspect the aircraft upon the aircraft's arrival in Guam, unless the aircraft has been inspected and cleared in Puerto Rico or the Virgin Islands prior to departure in accordance with arrangements between the operator of the aircraft, the Animal and Plant Health Inspection Service, and the government of Guam.</P> <P>(c) <E T="03">Inspection of ships upon arrival.</E> Any person who has moved a ship or other ocean-going craft from Puerto Rico or the Virgin Islands of the United States to any other State, District, or Territory of the United States shall contact an inspector and offer the inspector the opportunity to inspect the ship or other ocean-going craft upon its arrival.</P> <CITA>[54 FR 3581, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-10</SECTNO> <SUBJECT>Inspection of baggage, other personal effects, and cargo.</SUBJECT> <P>(a) <E T="03">Offer for inspection by aircraft passengers.</E> Passengers destined for movement by aircraft from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States, except Guam, shall offer their carry-on baggage and other personal effects for inspection at the place marked for agricultural inspections, which will be located at the airport security checkpoint or the aircraft boarding gate, at the time they pass through the checkpoint or the gate. Passengers shall offer their check-in baggage for inspection at agricultural inspection stations prior to submitting their baggage to the check-in baggage facility. When an inspector has inspected and passed such baggage or personal effects, he or she shall apply a USDA stamp, inspection sticker, or other identification to the baggage or personal effects to indicate that the baggage or personal effects have been inspected and passed as required. Passengers shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a passenger's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The passenger shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the passenger, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(b) <E T="03">Offer for inspection by aircraft crew.</E> Aircraft crew members destined for movement by aircraft from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States, except Guam, shall offer their baggage and personal effects for inspection at the inspection station designated for the employing airline not less than 20 minutes prior to the scheduled departure time of the aircraft or the rescheduled departure time as posted in the public areas of the airport. When an inspector has inspected and passed such baggage or personal effects, he or she shall apply a USDA stamp, inspection sticker, or other identification to the baggage or personal effects to indicate that such baggage or personal effects have been inspected and passed as required. Aircraft crew members shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a crew member's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The crew member shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the crew member, the nature of the identification presented for corroboration, the nature of <PRTPAGE P="190"/>the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(c) <E T="03">Baggage inspection for persons traveling to Guam on aircraft.</E> No person who has moved from Puerto Rico or the Virgin Islands of the United States to Guam on an aircraft shall remove or attempt to remove any baggage or other personal effects from the area secured for customs inspections before the person has offered to an inspector, and had passed by the inspector, his or her baggage and other personal effects. Persons shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a person's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The person shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the person, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(d) <E T="03">Baggage accepting and loading on aircraft.</E> No person shall accept or load any check-in aircraft baggage destined for movement from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States, except Guam, unless a certificate is attached to the baggage, or the baggage bears a USDA stamp, inspection sticker, or other indication applied by an inspector representing that the baggage has been offered for inspection and passed by an inspector.</P> <P>(e) <E T="03">Offer for inspection by persons moving by ship.</E> No person who has moved on any ship or other ocean-going craft from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States shall remove or attempt to remove any baggage or other personal effects from a designated inspection area as provided in § 318.58-10(h), on or off the ship or other ocean-going craft unless the person has offered to an inspector for inspection, and has passed by the inspector, the baggage and other personal effects. Persons shall disclose any fruits, vegetables, plants, plant products, or other articles that are requested to be disclosed by the inspector. When an inspection of a person's baggage or personal effects discloses an article in violation of the regulations in this part, the inspector shall seize the article. The person shall state his or her name and address to the inspector, and provide the inspector with corroborative identification. The inspector shall record the name and address of the person, the nature of the identification presented for corroboration, the nature of the violation, the types of articles involved, and the date, time, and place of the violation.</P> <P>(f) <E T="03">Loading of certain cargoes.</E> (1) Except as otherwise provided in paragraph (f)(2) of this section, no person shall present to any common carrier or contract carrier for movement, and no common carrier or contract carrier shall load, any cargo containing fruits, vegetables, or other articles regulated under this subpart that are distined for movement from Puerto Rico or the Virgin Islands of the United States to any other State, Territory, or District of the United States, except Guam, unless the cargo has been offered for inspection, passed by an inspector, and bears of USDA stamp or USDA inspection sticker, or ulesss a certificate or limited permit is attached to the cargo as specified in § 318.58-3(d).</P> <P>(2) Cargo designated in paragraph (f)(1) of this section may be loaded without a USDA stamp or USDA inspection sticker, and without a certificate attached to the cargo or a limited permit attached to the cargo, if the cargo is moved:</P> <P>(i) As containerized cargo on ships or other ocean-going craft or as air cargo;</P> <P>(ii) The carrier has on file documentary evidence that a valid certificate or limited permit was issued for the movement; and</P> <P>(iii) A notation of the existence of these documents is made by the carrier on the waybill, manifest, or bill of lading that accompanies the shipment.</P> <P>(3) Cargo moved in accordance with § 318.58-12 of this subpart that does not have a limited permit attached to the <PRTPAGE P="191"/>cargo must have a limited permit attached to the waybill, manifest, or bill of lading accompanying the shipment.</P> <P>(g) <E T="03">Removal of certain cargoes in Guam.</E> No person shall remove or attempt to remove from a designated inspection area as provided in § 318.58-10(h), on or off the means of conveyance, any cargo moved from Puerto Rico or the Virgin Islands of the United States to Guam containing fruits, vegetables, or other articles regulated under this subpart, unless the cargo has been inspected and passed by an inspector in Guam.</P> <P>(h) <E T="03">Space and facilities for baggage inspection.</E> Baggage inspection will not be performed until the person in charge or possession of the ship, other ocean-going craft, or aircraft provides space and facilities on the means of conveyance, pier or airport that are adequate, in the inspector's judgment, for the performance of inspections.</P> <CITA>[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-11</SECTNO> <SUBJECT>Disinfection of means of conveyance.</SUBJECT> <P>If an inspector, through an inspection pursuant to this subpart, finds that a means of conveyance is infested with or contains any plant pest, and the inspector orders disinfection of the means of conveyance, then the person in charge or in possession of the means of conveyance shall disinfect the means of conveyance and its cargo, in accordance with an approved method contained in the Plant Protection and Quarantine Treatment Manual under the supervision of an inspector and in a manner prescribed by the inspector, prior to any movement of the means of conveyance or its cargo. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1, “Materials incorporated by reference.”</P> <CITA>[54 FR 3582, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-12</SECTNO> <SUBJECT>Transit of fruits and vegetables from Puerto Rico and the Virgin Islands of the United States into or through the continental United States.</SUBJECT> <P>Fruits and vegetables from Puerto Rico and the Virgin Islands of the United States that are otherwise prohibited movement from those territories into or through the continental United States by this subpart may transit the continental United States en route to a foreign destination when moved in accordance with this section and any other applicable provisions of this subpart. Any additional restrictions on such movement that would otherwise be imposed by part 301 of this chapter and §§ 318.30 and 318.30a of this part shall not apply.</P> <P>(a) <E T="03">Transit permit.</E> (1) A transit permit is required for the arrival, unloading, and movement into or through the continental United States of fruits and vegetables otherwise prohibited by this subpart from being moved into or through the continental United States from Puerto Rico or the Virgin Islands of the United States. Application for a transit permit must be made in writing.<SU>2</SU> <FTREF/> The transit permit application must include the following information:</P> <FTNT> <P> <SU>2</SU> Applications for transit permits should be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(i) The specific types of fruits and vegetables to be shipped (only scientific or English names are acceptable);</P> <P>(ii) The means of conveyance to be used to transport the fruits and vegetables into or through the continental United States;</P> <P>(iii) The port of arrival in the continental United States, and the location of any subsequent stop;</P> <P>(iv) The location of, and the time needed for, any storage in the continental United States;</P> <P>(v) Any location in the continental United States where the fruits and vegetables are to be transloaded;</P> <P>(vi) The means of conveyance to be used for transporting the fruits and vegetables from the port of arrival in the continental United States to the port of export;</P> <P>(vii) The estimated time necessary to accomplish exportation, from arrival at the port of arrival in the continental United States to exit at the port of export;</P> <P>(viii) The port of export; and<PRTPAGE P="192"/> </P> <P>(ix) The name and address of the applicant and, if the applicant's address is not within the territorial limits of the United States, the name and address in the United States of an agent whom the applicant names for acceptance of service of process.</P> <P>(2) A transit permit will be issued only if the following conditions are met:</P> <P>(i) APHIS inspectors are available at the port of arrival, port of export, and any locations at which transloading of cargo will take place, and, in the case of air shipments, at any interim stop in the continental United States, as indicated on the application for the transit permit;</P> <P>(ii) The application indicates that the proposed movement would comply with the provisions in this section applicable to the transit permit; and</P> <P>(iii) During the 12 months prior to receipt of the application by APHIS, the applicant has not had a transit permit withdrawn under § 318.58-16 of this subpart, unless the transit permit has been reinstated upon appeal.</P> <P>(b) <E T="03">Limited Permit.</E> Fruits and vegetables shipped from Puerto Rico or the Virgin Islands of the United States into or through the continental United States under this section must be accompanied by a limited permit, a copy of which must be presented to an inspector at the port of arrival and the port of export in the continental United States, and at any other location in the continental United States where an air shipment is authorized to stop or where overland shipments change means of conveyance. An inspector will issue a limited permit if the following conditions are met:</P> <P>(1) The inspector determines that the specific type and quantity of the fruits and vegetables being shipped are accurately described by accompanying documentation, such as the accompanying manifest, waybill, and bill of lading. (Only scientific or English names are acceptable.) The fruits and vegetables shall be assembled at whatever point and in whatever manner the inspector designates as necessary to comply with the requirements of this section; and</P> <P>(2) The inspector establishes that the shipment of fruits and vegetables has been prepared in compliance with the provisions of this section.</P> <P>(c) <E T="03">Marking requirements.</E> Each of the smallest units, including each of the smallest bags, crates, or cartons, containing fruits and vegetables for transit into or through the continental United States under this section must be conspicuously marked, prior to the locking and sealing of the container in Puerto Rico or the Virgin Islands of the United States, with a printed label that includes, a description of the specific type and quantity of the fruits and vegetables (only scientific or English names are acceptable), the transit permit number under which the fruits and vegetables are to be shipped, and, in English, the fact that they were grown in Puerto Rico or the Virgin Islands of the United States and the statement “Distribution in the United States is Prohibited.”</P> <P>(d) <E T="03">Handling of fruits and vegetables.</E> Fruits and vegetables shipped into or through the continental United States from Puerto Rico or the Virgin Islands of the United States in accordance with this section may not be commingled in the same sealed container with articles that are intended for entry and distribution in the continental United States. The fruits and vegetables must be kept in sealed containers from the time the limited permit required by paragraph (b) of this section is issued, until the fruits and vegetables exit the continental United States, except as otherwise provided in the regulations in this section. Transloading must be carried out in accordance with the requirements of paragraphs (a), (h), and (i) of this section.</P> <P>(e) <E T="03">Area of movement.</E> The port of arrival, the port of export, ports for air stops, and overland movement within the continental United States of fruits and vegetables shipped under this section is limited to a corridor that includes all States of the continental United States except Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South Carolina, Tennessee, Texas, and Virginia, except that movement is allowed through Dallas/Fort Worth, Texas, as an authorized stop for air cargo, or as a transloading location for shipments <PRTPAGE P="193"/>that arrive by air but that are subsequently transloaded into trucks for overland movement from Dallas/Fort Worth into the designated corridor by the shortest route. Movement through the continental United States must begin and end at locations staffed by APHIS inspectors.<SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> For a list of ports staffed by APHIS inspectors, contact the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(f) <E T="03">Movement of fruits and vegetables.</E> Transportation through the continental United States shall be by the most direct route to the final destination of the shipment in the country to which it is exported, as determined by APHIS based on commercial shipping routes and timetables and set forth in the transit permit. No change in the quantity of the original shipment from that described in the limited permit is allowed. No remarking is allowed. No diversion or delay of the shipment from the itinerary described in the transit permit and limited permit is allowed unless authorized by an APHIS inspector upon determination by the inspector that the change will not significantly increase the risk of plant pests or diseases in the United States, and unless each port to which the shipment is diverted is staffed by APHIS inspectors.</P> <P>(g) <E T="03">Notification in case of emergency.</E> In the case of an emergency such as an accident, a mechanical breakdown of the means of conveyance, or an unavoidable deviation from the prescribed route, the person in charge of the means of conveyance must, as soon as practicable, notify the APHIS office at the port where the cargo arrived in the continental United States.</P> <P>(h) <E T="03">Shipments by sea.</E> Except as authorized by this paragraph, shipments arriving in the continental United States by sea from Puerto Rico or the Virgin Islands of the United States may be transloaded once from a ship to another ship or, alternatively, once to a truck or railcar at the port of arrival and once from a truck or railcar to a ship at the port of export, and must remain in the original sealed container, except under extenuating circumstances and when authorized by an inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision.</P> <P>(i) <E T="03">Shipments by air.</E> (1) Shipments arriving in the continental United States by air from Puerto Rico or the Virgin Islands of the United States may be transloaded only once in the continental United States. Transloading of air shipments must be carried out in the presence of an APHIS inspector. Shipments arriving by air that are transloaded may be transloaded either into another aircraft or into a truck trailer for export by the most direct route to the final destination of the shipment through the designated corridor set forth in paragraph (e) of this section. This may be done at either the port of arrival in the United States or at the second air stop within the designated corridor, as authorized in the transit permit and as provided in paragraph (i)(2) of this section. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an APHIS inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision. Transloading of air shipments will be authorized only if the following conditions are met:</P> <P>(i) The transloading is done into sealable containers;</P> <P>(ii) The transloading is carried out within the secure area of the airport—<PRTPAGE P="194"/> <E T="03">i.e.</E>, that area of the airport that is open only to personnel authorized by the airport security authorities;</P> <P>(iii) The area used for any storage is within the secure area of the airport; and</P> <P>(iv) APHIS inspectors are available to provide the supervision required by paragraph (i)(1) of this section.</P> <P>(2) Except as authorized by paragraph (f) of this section, shipments that continue by air from the port of arrival in the continental United States may be authorized by APHIS for only one additional stop in the continental United States, provided the second stop is within the designated corridor set forth in paragraph (e) of this section and is staffed by APHIS inspectors. As an alternative to transloading a shipment arriving in the United States into another aircraft, shipments that arrive by air may be transloaded into a truck trailer for export by the most direct route to the final destination of the shipment through the designated corridor set forth in paragraph (e) of this section. This may be done at either the port of arrival in the United States or at the second authorized air stop within the designated corridor. No other transloading of the shipment is allowed, except under extenuating circumstances (e.g., equipment breakdown) and when authorized by an APHIS inspector upon determination by the inspector that the transloading would not significantly increase the risk of the introduction of plant pests or diseases into the continental United States, and provided that APHIS inspectors are available to provide supervision.</P> <P>(j) <E T="03">Duration and location of storage.</E> Any storage in the continental United States of fruits and vegetables shipped under this section must be for a duration and in a location authorized in the transit permit required by paragraph (a) of this section. Areas where such fruits and vegetables are stored must be either locked or guarded at all times the fruits and vegetables are present. Cargo shipped under this section must be kept in a sealed container while stored in the continental United States.</P> <P>(k) <E T="03">Temperature requirement.</E> Except for time spent on aircraft and except during storage and transloading of air shipments, the temperature in the sealed containers containing fruits and vegetables moved under this section must be 60 °F or lower from the time the fruits and vegetables leave Puerto Rico or the Virgin Islands of the United States until they exit the continental United States.</P> <P>(l) <E T="03">Prohibited materials.</E> (1) The person in charge of or in possession of a sealed container used for movement into or through the continental United States under this section must ensure that the sealed container is carrying only those fruits and vegetables authorized by the transit permit required under paragraph (a) of this section; and</P> <P>(2) The person in charge of or in possession of any means of conveyance or container returned to the United States without being reloaded after being used to export fruits and vegetables from the United States under this section must ensure that the means of conveyance or container is free of materials prohibited importation into the United States under this chapter.</P> <P>(m) Authorization by APHIS of the movement of fruits and vegetables into or through the continental United States under this section does not imply that the fruits and vegetables are enterable into the destination country. Shipments returned to the United States from the destination country shall be subject to all applicable regulations, including “Subpart—Fruits and Vegetables” of part 319 of this chapter, and part 352 of this chapter.</P> <P>(n) Any restrictions and requirements with respect to the arrival, temporary stay, unloading, transloading, transiting, exportation, or other movement or possession in the United States of any fruits or vegetables under this section shall apply to any person who, respectively, brings into, maintains, unloads, transloads, transports, exports, or otherwise moves or possesses in the United States such fruits or vegetables, whether or not that person is the one who was required to have a transit permit or limited permit for the fruits or vegetables or is a subsequent custodian of the fruits or vegetables. Failure to comply with all applicable restrictions and requirements <PRTPAGE P="195"/>under this section by such a person shall be deemed to be a violation of this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0088)</APPRO> <CITA>[58 FR 7962, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-13</SECTNO> <SUBJECT>Movements by the Department of Agriculture.</SUBJECT> <P>Notwithstanding any other restrictions of this subpart, articles subject to the requirements of the regulations in this subpart may be moved if they are moved:</P> <P>(a) By the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(b) Pursuant to a Departmental permit issued for the article and kept on file at the port of departure;</P> <P>(c) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plant pests and diseases; and,</P> <P>(d) With a Departmental tag or label bearing the number of the Departmental permit issued for the article securely attached to the outside of the container of the article or securely attached to the article itself if not in container.</P> <CITA>[54 FR 3582, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-14</SECTNO> <SUBJECT>Parcel post inspection.</SUBJECT> <P>Inspectors are authorized to inspect, with the cooperation of the U.S. Post Office Department, parcel post packages placed in the mails in Puerto Rico or the Virgin Islands of the United States, to determine whether such packages contain products the movement of which is not authorized under this subpart, to examine products so found for insect infestation, and to notify the postmaster in writing of any violation of this subpart in connection therewith.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963. Redesignated at 54 FR 3582, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-15</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>Plant Protection and Quarantine shall furnish the services of the inspector during regularly assigned hours of duty at the usual places of duty without cost to the person requesting the services. Plant Protection and Quarantine will not assume responsibility for any costs or charges, other than those indicated in this paragraph, in connection with the inspection, treatment, conditioning, storage, forwarding, or any other operation incidental to the movement of regulated articles under this subpart.</P> <CITA>[54 FR 3583, Jan. 25, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 318.58-16</SECTNO> <SUBJECT>Cancellation of certificates, transit permits, or limited permits.</SUBJECT> <P>Any certificate, transit permit, or limited permit that has been issued or authorized under this subpart may be withdrawn by an inspector orally or in writing if he or she determines that the holder of the certificate, transit permit, or limited permit has not complied with all conditions under the regulations for the use of the document. If the cancellation is oral, the decision and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate, transit permit, or limited permit has been withdrawn may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate, transit permit, or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator.</P> <CITA>[54 FR 3583, Jan. 25, 1989, as amended at 58 FR 7964, Feb. 11, 1993]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sand, Soil, or Earth, with Plants from Territories and Districts</HD> <SECTION> <SECTNO>§ 318.60</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The Secretary of Agriculture, having previously quarantined Hawaii and Puerto Rico to prevent the spread to other parts of the United States, by means of sand, soil, or earth about the <PRTPAGE P="196"/>roots of plants, of immature stages of certain dangerous insects, including Phyllophaga spp. (White grubs), Phytalus sp., and Adoretus sp., and of several species of termites or white ants, new to and not heretofore widely prevalent or distributed within and throughout the United States, now determines that it is necessary also to quarantine the Virgin Islands of the United States to prevent the spread of such dangerous insects from said Virgin Islands.</P> <P>(b) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, Puerto Rico, and the Virgin Islands of the United States are quarantined to prevent the spread of the aforementioned dangerous insects.</P> <P>(c) Sand (other than clean ocean sand), soil, or earth around the roots of plants shall not be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person from Hawaii, Puerto Rico, or the Virgin Islands of the United States into or through any other State, Territory, or District of the United States: <E T="03">Provided,</E> That the prohibitions of this section shall not apply to the movement of such products in either direction between Puerto Rico and the Virgin Islands of the United States: <E T="03">Provided further,</E> That such prohibitions shall not prohibit the movement of such products by the United States Department of Agriculture for scientific or experimental purposes, nor prohibit the movement of sand, soil, or earth around the roots of plants which are carried, for ornamental purposes, on vessels into mainland ports of the United States and which are not intended to be landed thereat, when evidence is presented satisfactory to the inspector of the Plant Protection and Quarantine Programs of the Department of Agriculture that such sand, soil, or earth has been so processed or is of such nature that no pest risk is involved, or that the plants with sand, soil, or earth around them are maintained on board under such safeguards as will preclude pest escape: <E T="03">And provided further,</E> That such prohibitions shall not prohibit the movement of plant cuttings or plants that have been (1) freed from sand, soil, and earth, (2) subsequently potted and established in sphagnum moss or other packing material approved under § 319.37-16 that had been stored under shelter and had not been previously used for growing or packing plants, (3) grown thereafter in a manner satisfactory to an inspector of the Plant Protection and Quarantine Programs to prevent infestation through contact with sand, soil, or earth, and (4) certified by an inspector of the Plant Protection and Quarantine Programs as meeting the requirements of paragraphs (c) (1), (2), and (3) of this section.</P> <P>(d) As used in this section, the term <E T="03">State, Territory, or District of the United States</E> means “Guam, Hawaii, Puerto Rico, the Virgin Islands of the United States, or the continental United States.”</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Guam</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 318.82</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) Under the authority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Guam is quarantined to prevent the spread of dangerous plant pest and diseases that are new to or not widely prevalent or distributed within and throughout the United States. Such plant pests and diseases include: <E T="03">Icerya aegyptiaca</E> (Dougl.), <E T="03">Xanthomonas citri</E> (Hasse) Dowson, <E T="03">Aleurocanthus spiniferus</E> (Q.), <E T="03">Phyllocnistis citrella</E> (Stainton), <E T="03">Coccus viridis</E> (Green), <E T="03">Anomala sulcatula</E> Burm., <E T="03">Furcaspis oceanica</E> Ldgr., <E T="03">Stephanoderes hampei</E> (Ferr.), <E T="03">Pectinophora scutigera</E> (Holdaway), <E T="03">Bactrocera dorsalis</E> Hend., <E T="03">Bactrocera cucurbitae</E> (Coq.), <E T="03">Maruca testulalis</E> (Geyer), <E T="03">Lampides boeticus</E> (L.), <E T="03">Prays endocarpa</E> Meyr., <E T="03">Prodenia litura</E> (F.), <E T="03">Euscepes postfasciatus</E> (Fairm.), <E T="03">Earias fabia</E> (Stoll), <E T="03">Elsinoe batatas</E> (Saw.) Viegas and Jenkins, <E T="03">Uredo dioscoreae-alatae</E> Rac., <E T="03">Cercospora batatae</E> Zimm., <E T="03">Coniothyrium</E> sp., <E T="03">Phyllosticta colocasiophila</E> Weed., <E T="03">Xanthomonas vasculorum</E> (Cobb) <PRTPAGE P="197"/>Dowson, <E T="03">Rhabdoscelus obscurus</E> (Boisd.), <E T="03">Neomaskellia bergeii</E> (Sign.), <E T="03">Pyrausta nubilalis</E> (Hbn.), <E T="03">Physoderma zeaemaydis</E> Shaw, <E T="03">Leptocorisa acuta</E> (Thunb.), <E T="03">Adoretus sinicus</E> Burm., and <E T="03">Holotrichia mindanaona</E> Brenske. The regulations in this subpart govern the movement of carriers of these pests.</P> <P>(b) No plants or parts thereof capable of propagation; seeds; fruits or vegetables; cotton or cotton covers; sugarcane or parts or by-products thereof; cereals; cut flowers; or packing materials; as such articles are defined in regulations supplemental hereto, shall be shipped, deposited for transmission in the mail, offered for shipment, received for transportation, carried, otherwise transported or moved, or allowed to be moved, by mail or otherwise, by any person from Guam into or through any other State, Territory, or District of the United States, in any manner or method or under conditions other than those prescribed in the regulations, as from time to time amended: <E T="03">Provided,</E> That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to the pest risk involved in the movement from Guam of the articles designated herein, make it safe to modify, by making less stringent, the restrictions contained in any regulations in this subpart or in any other subpart in this chapter made applicable thereto by this subpart, he shall publish such findings in administrative instructions, specifying the manner in which the regulations should be made less stringent with respect to such movement, whereupon such modification shall become effective; or he may, when the public interests will permit in specific cases, upon notification to the consignor and to the consignee, authorize the interstate movement from Guam of the articles to which such regulations apply, under conditions that are less stringent than those contained in the regulations.</P> <P>(c) Regulations governing the movement of live plant pests designated in this section are contained in Part 330 of this chapter.</P> <CITA>[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations</HD> <SECTION> <SECTNO>§ 318.82-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Words used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. For the purposes of this subpart, unless the context otherwise requires, the following words shall be construed, respectively, to mean:</P> <P>(a) <E T="03">Plants.</E> Trees, shrubs, vines, cuttings, grafts, scions, buds, herbaceous plants, bulbs, roots, and other plants and plant parts intended for propagation.</P> <P>(b) <E T="03">Seeds.</E> The mature ovular bodies produced by flowering plants, containing embryos capable of developing into new plants by germination.</P> <P>(c) <E T="03">Fresh fruits and vegetables.</E> The edible, more or less succulent, portions of food plants in the raw or unproc-essed state.</P> <P>(d) <E T="03">Cotton and cotton covers.</E> Any parts or products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber (not including yarn, thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed products except oil; cotton waste, including gin waste and thread waste; and any other unmanufactured parts of cotton plants; and secondhand burlap and other fabrics, shredded or otherwise, which have been used, or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops.</P> <P>(e) <E T="03">Sugarcane or parts or by-products thereof.</E> Stems of sugarcane (Saccharum spp.), or cuttings or parts thereof, sugarcane leaves, or bagasse or other parts of sugarcane plants, except seeds, not sufficiently processed to remove plant pest danger.</P> <P>(f) <E T="03">Cereals.</E> Seed and other plant parts of all members of the grass family (Gramineae) which yield grain or seed suitable for food, including, but not limited to, wheat, rice, corn and related plants. This definition shall include straw, hulls, chaff and products of the milling process (but excluding flour) of such grains and seeds as well as stalks and all other parts of broomcorn.<PRTPAGE P="198"/> </P> <P>(g) <E T="03">Cut flower.</E> The highly perishable commodity known in the commercial flower-producing industry as a cut flower, and being the severed portion of a plant, including the inflorescence, and any parts of the plant attached thereto, in a fresh state.</P> <P>(h) <E T="03">Packing materials.</E> Any plant or plant product, or soil as defined in § 330.100(t) of this chapter, or other substance associated with or accompanying any commodity or shipment to serve for filling, wrapping, ties, lining, mats, moisture retention, protection, or any other auxiliary purpose. The word “packing,” as used in the expression “packing materials,” shall include the presence of such materials within, in contact with, or accompanying such commodity or shipment.</P> <P>(i) <E T="03">Administrative instructions.</E> Published documents relating to the enforcement of the regulations in this subpart, issued under the authority of such regulations by the Deputy Administrator of the Plant Protection and Quarantine Programs.</P> <P>(j) <E T="03">State, Territory, or District of the United States.</E> Guam, Hawaii, Puerto Rico, the Virgin Islands of the United States, or the continental United States (including Alaska).</P> <P>(k) <E T="03">United States.</E> The States, the District of Columbia, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.</P> <P>(l) <E T="03">Oceania.</E> The islands of the Central and South Pacific, including Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, and the Malay Archipelago.</P> <P>(m) <E T="03">Far East.</E> The countries of East and Southeast Asia, including Japan, Korea, Taiwan, the northeastern provinces of Manchuria, the Philippines, Indo-China, and India.</P> </SECTION> <SECTION> <SECTNO>§ 318.82-2</SECTNO> <SUBJECT>Movement of regulated articles.</SUBJECT> <P>(a) Plants, plant products, and other articles designated in § 318.82 may be moved from Guam into or through any other State, Territory, or District of the United States only if, in the case of articles other than soil, they meet the strictest plant quarantine requirements for similar articles offered for entry into such State, Territory, or District from Oceania or the Far East under part 319 or part 321 of this chapter, except requirements for permits, foreign inspection certificates, notices of arrival, and notices of shipment from port of arrival, and in the case of soil if it meets the requirements of § 330.300 of this chapter. If such similar articles cannot be imported into the particular State, Territory, or District from Oceania or the Far East under either part 319 or part 321 of this chapter, the interstate movement of the articles from Guam into or through such State, Territory or District shall be similarly prohibited. Plants, plant products, and other articles moved from Guam into or through any other State, Territory or District of the United States shall be subject to inspection at the port of first arrival in another part of the United States to determine whether they are free of plant pests and otherwise meet the requirements applicable to them under this subpart, and shall be subject to release, in accordance with § 330.105(a) of this chapter as if they were foreign arrivals. Such articles shall be released only if they meet all applicable requirements under this subpart.</P> <P>(b) A release may be issued orally by the inspector when inspection of small quantities of regulated articles is involved except that a release issued in specific cases pursuant to the proviso in § 318.82 shall be in writing.</P> <P>(c) The appropriate provisions of part 352 of this chapter are hereby made applicable to the safeguarding of regulated articles from Guam temporarily in parts of the United States other than Guam, when landing therein is not intended or landing has been refused in accordance with this subpart. The movement of plant pests, means of conveyance, plants, plant products, and other products and articles from Guam into or through any other State, Territory, or District is also regulated by part 330 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 318.82-3</SECTNO> <SUBJECT>Costs.</SUBJECT> <P>All costs incident to the inspection, handling, cleaning, safeguarding, treating, or other disposal of products or articles under this subpart, except for the services of an inspector during regularly assigned hours of duty and at the <PRTPAGE P="199"/>usual places of duty, shall be borne by the owner.</P> </SECTION> </SUBJGRP> </SUBPART> </PART> <PART> <EAR>Pt. 319</EAR> <HD SOURCE="HED">PART 319—FOREIGN QUARANTINE NOTICES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart—Foreign Cotton and Covers</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECHD>Sec.</SECHD> <SECTNO>319.8</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.8a</SECTNO> <SUBJECT>Administrative instructions relating to the entry of cotton and covers into Guam.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations<E T="01">;</E> <E T="04">General</E> </HD> <SECTNO>319.8-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Conditions of <E T="04">Importation and Entry of Cotton and Covers</E> </HD> <SECTNO>319.8-2</SECTNO> <SUBJECT>Permit procedure.</SUBJECT> <SECTNO>319.8-3</SECTNO> <SUBJECT>Refusal and cancellation of permits.</SUBJECT> <SECTNO>319.8-4</SECTNO> <SUBJECT>Notice of arrival.</SUBJECT> <SECTNO>319.8-5</SECTNO> <SUBJECT>Marking of containers.</SUBJECT> <SECTNO>319.8-6</SECTNO> <SUBJECT>Cottonseed cake and cottonseed meal.</SUBJECT> <SECTNO>319.8-7</SECTNO> <SUBJECT>Processed lint, linters, and waste.</SUBJECT> <SECTNO>319.8-8</SECTNO> <SUBJECT>Lint, linters, and waste.</SUBJECT> <SECTNO>319.8-9</SECTNO> <SUBJECT>Hull fiber and gin trash.</SUBJECT> <SECTNO>319.8-10</SECTNO> <SUBJECT>Covers.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Special <E T="04">Conditions for the Entry of Cotton and Covers From Mexico</E> </HD> <SECTNO>319.8-11</SECTNO> <SUBJECT>From approved areas of Mexico.</SUBJECT> <SECTNO>319.8-12</SECTNO> <SUBJECT>From the West Coast of Mexico.</SUBJECT> <SECTNO>319.8-13</SECTNO> <SUBJECT>From Northwest Mexico.</SUBJECT> <SECTNO>319.8-14</SECTNO> <SUBJECT>Mexican cotton and covers not otherwise enterable.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Miscellaneous Provisions</HD> <SECTNO>319.8-16</SECTNO> <SUBJECT>Importation into United States of cotton and covers exported therefrom.</SUBJECT> <SECTNO>319.8-17</SECTNO> <SUBJECT>Importation for exportation, and importation for transportation and exportation; storage.</SUBJECT> <SECTNO>319.8-18</SECTNO> <SUBJECT>Samples.</SUBJECT> <SECTNO>319.8-19</SECTNO> <SUBJECT>Cottonseed or seed cotton for experimental or scientific purposes.</SUBJECT> <SECTNO>319.8-20</SECTNO> <SUBJECT>Importations by the Department of Agriculture.</SUBJECT> <SECTNO>319.8-21</SECTNO> <SUBJECT>Release of cotton and covers after 18 months’ storage.</SUBJECT> <SECTNO>319.8-22</SECTNO> <SUBJECT>Ports of entry or export.</SUBJECT> <SECTNO>319.8-23</SECTNO> <SUBJECT>Treatment.</SUBJECT> <SECTNO>319.8-24</SECTNO> <SUBJECT>Collection and disposal of waste.</SUBJECT> <SECTNO>319.8-25</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>319.8-26</SECTNO> <SUBJECT>Material refused entry.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sugarcane</HD> <SECTNO>319.15</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.15a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Canker and Other Citrus Diseases</HD> <SECTNO>319.19</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Corn Diseases</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>319.24</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.24a</SECTNO> <SUBJECT>Administrative instructions relating to entry of corn into Guam.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations <E T="04">Governing Entry of Indian Corn or Maize</E> </HD> <SECTNO>319.24-1</SECTNO> <SUBJECT>Applications for permits for importation of corn.</SUBJECT> <SECTNO>319.24-2</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <SECTNO>319.24-3</SECTNO> <SUBJECT>Marking as condition of entry.</SUBJECT> <SECTNO>319.24-4</SECTNO> <SUBJECT>Notice of arrival of corn by permittee.</SUBJECT> <SECTNO>319.24-5</SECTNO> <SUBJECT>Condition of entry.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Fruit</HD> <SECTNO>319.28</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products</HD> <SECTNO>319.37</SECTNO> <SUBJECT>Prohibitions and restrictions on importation; disposal of articles refused importation.</SUBJECT> <SECTNO>319.37-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.37-2</SECTNO> <SUBJECT>Prohibited articles.</SUBJECT> <SECTNO>319.37-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <SECTNO>319.37-4</SECTNO> <SUBJECT>Inspection, treatment, and phytosanitary certificates of inspection.</SUBJECT> <SECTNO>319.37-5</SECTNO> <SUBJECT>Special foreign inspection and certification requirements.</SUBJECT> <SECTNO>319.37-6</SECTNO> <SUBJECT>Specific treatment and other requirements.</SUBJECT> <SECTNO>319.37-7</SECTNO> <SUBJECT>Postentry quarantine.</SUBJECT> <SECTNO>319.37-8</SECTNO> <SUBJECT>Growing media.</SUBJECT> <SECTNO>319.37-9</SECTNO> <SUBJECT>Approved packing material.</SUBJECT> <SECTNO>319.37-10</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <SECTNO>319.37-11</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <SECTNO>319.37-12</SECTNO> <SUBJECT>Prohibited articles accompanying restricted articles.</SUBJECT> <SECTNO>319.37-13</SECTNO> <SUBJECT>Treatment and costs and charges for inspection and treatment.</SUBJECT> <SECTNO>319.37-14</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles</HD> <SECTNO>319.40-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.40-2</SECTNO> <SUBJECT>General prohibitions and restrictions; relation to other regulations.</SUBJECT> <SECTNO>319.40-3</SECTNO> <SUBJECT>General permits; articles that may be imported without a specific permit; articles that may be imported without either a specific permit or an importer document.</SUBJECT> <SECTNO>319.40-4</SECTNO> <SUBJECT>Application for a permit to import regulated articles; issuance and withdrawal of permits.<PRTPAGE P="200"/> </SUBJECT> <SECTNO>319.40-5</SECTNO> <SUBJECT>Importation and entry requirements for specified articles.</SUBJECT> <SECTNO>319.40-6</SECTNO> <SUBJECT>Universal importation options.</SUBJECT> <SECTNO>319.40-7</SECTNO> <SUBJECT>Treatments and safeguards.</SUBJECT> <SECTNO>319.40-8</SECTNO> <SUBJECT>Processing at facilities operating under compliance agreements.</SUBJECT> <SECTNO>319.40-9</SECTNO> <SUBJECT>Inspection and other requirements at port of first arrival.</SUBJECT> <SECTNO>319.40-10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>319.40-11</SECTNO> <SUBJECT>Plant pest risk assessment standards.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Indian Corn or Maize, Broomcorn, and Related Plants</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>319.41</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.41a</SECTNO> <SUBJECT>Administrative instructions relating to entry into Guam of broomcorn, brooms, and similar articles.</SUBJECT> <SECTNO>319.41b</SECTNO> <SUBJECT>Administrative instructions prescribing conditions for entry of broomstraw without treatment.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and <E T="04">Regulations</E> </HD> <SECTNO>319.41-1</SECTNO> <SUBJECT>Plant products permitted entry.</SUBJECT> <SECTNO>319.41-2</SECTNO> <SUBJECT>Application for permits.</SUBJECT> <SECTNO>319.41-3</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <SECTNO>319.41-4</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <SECTNO>319.41-5</SECTNO> <SUBJECT>Condition of entry.</SUBJECT> <SECTNO>319.41-5a</SECTNO> <SUBJECT>Administrative instructions; method used for the disinfection of imported broomcorn and broomcorn brooms.</SUBJECT> <SECTNO>319.41-6</SECTNO> <SUBJECT>Importations by mail.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Rice</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>319.55</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.55a</SECTNO> <SUBJECT>Administrative instructions relating to entry of rice straw and rice hulls into Guam.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and <E T="04">Regulations</E> </HD> <SECTNO>319.55-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.55-2</SECTNO> <SUBJECT>Application for permit.</SUBJECT> <SECTNO>319.55-3</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <SECTNO>319.55-4</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <SECTNO>319.55-5</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <SECTNO>319.55-6</SECTNO> <SUBJECT>Inspection and disinfection at port of arrival.</SUBJECT> <SECTNO>319.55-7</SECTNO> <SUBJECT>Importations by mail.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Fruits and Vegetables</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>319.56</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.56a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to entry into Guam of fruits and vegetables under § 319.56.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and <E T="04">Regulations</E> </HD> <SECTNO>319.56-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.56-2</SECTNO> <SUBJECT>Restrictions on entry of fruits and vegetables.</SUBJECT> <SECTNO>319.56-2a</SECTNO> <SUBJECT>Permits required for entry of chestnuts and acorns and certain coconuts.</SUBJECT> <SECTNO>319.56-2b</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of acorns and chestnuts.</SUBJECT> <SECTNO>319.56-2c</SECTNO> <SUBJECT>Administrative instructions authorizing the importation of frozen fruits and vegetables.</SUBJECT> <SECTNO>319.56-2d</SECTNO> <SUBJECT>Administrative instructions for cold treatments of certain imported fruits.</SUBJECT> <SECTNO>319.56-2e</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of cipollini from Morocco.</SUBJECT> <SECTNO>319.56-2f</SECTNO> <SUBJECT>Administrative instructions governing importation of grapefruit, lemons, and oranges from Argentina.</SUBJECT> <SECTNO>319.56-2g</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of garlic from specified countries.</SUBJECT> <SECTNO>319.56-2h</SECTNO> <SUBJECT>Regulations governing the entry of grapes from Australia.</SUBJECT> <SECTNO>319.56-2i</SECTNO> <SUBJECT>Administrative instructions prescribing treatments for mangoes from Central America, South America, and the West Indies.</SUBJECT> <SECTNO>319.56-2j</SECTNO> <SUBJECT>Conditions governing the entry of apples and pears from Australia (including Tasmania) and New Zealand.</SUBJECT> <SECTNO>319.56-2k</SECTNO> <SUBJECT>Administrative instructions prescribing method of fumigation of field-grown grapes from specified countries.</SUBJECT> <SECTNO>319.56-2l</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of imported yams.</SUBJECT> <SECTNO>319.56-2m</SECTNO> <SUBJECT>Administrative instructions prescribing method of fumigation of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile.</SUBJECT> <SECTNO>319.56-2n</SECTNO> <SUBJECT>Administrative instructions prescribing a combination treatment of fumigation plus refrigeration for certain fruits.</SUBJECT> <SECTNO>319.56-2o</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of avocados for the Mediterranean fruit fly, the melon fly, and the oriental fruit fly.</SUBJECT> <SECTNO>319.56-2p</SECTNO> <SUBJECT>Administrative instructions prescribing treatment and relieving restrictions regarding importation of okra from Mexico, the West Indies, and certain countries in South America.</SUBJECT> <SECTNO>319.56-2q</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of citrus from South Africa.</SUBJECT> <SECTNO>319.56-2r</SECTNO> <SUBJECT>Administrative instructions governing the entry of apples and pears from certain countries in Europe.</SUBJECT> <SECTNO>319.56-2s</SECTNO> <SUBJECT>Administrative instructions governing the entry of apricots, nectarines, peaches, plumcot, and plums from Chile.</SUBJECT> <SECTNO>319.56-2t</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of certain fruits and vegetables.<PRTPAGE P="201"/> </SUBJECT> <SECTNO>319.56-2u</SECTNO> <SUBJECT>Conditions governing the entry of lettuce and peppers from Israel.</SUBJECT> <SECTNO>319.56-2v</SECTNO> <SUBJECT>Conditions governing the entry of citrus from Australia.</SUBJECT> <SECTNO>319.56-2w</SECTNO> <SUBJECT>Administrative instruction; conditions governing the entry of papayas from Central America and Brazil.</SUBJECT> <SECTNO>319.56-2x</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of certain fruits and vegetables for which treatment is required.</SUBJECT> <SECTNO>319.56-2y</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of cantaloupe and watermelon from Ecuador.</SUBJECT> <SECTNO>319.56-2z</SECTNO> <SUBJECT>Administrative instructions governing the entry of cherimoyas from Chile.</SUBJECT> <SECTNO>319.56-2aa</SECTNO> <SUBJECT>Administrative instructions governing the entry of cantaloupe, honeydew melons, and watermelon from Brazil and Venezuela.</SUBJECT> <SECTNO>319.56-2bb</SECTNO> <SUBJECT>Administrative instructions governing movement of Hass avocados from Mexico to Alaska.</SUBJECT> <SECTNO>319.56-2cc</SECTNO> <SUBJECT>Administrative instructions governing the entry of Fuji variety apples from Japan and the Republic of Korea.</SUBJECT> <SECTNO>319.56-2dd</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of tomatoes.</SUBJECT> <SECTNO>319.56-2ee</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of Ya variety pears from China.</SUBJECT> <SECTNO>319.56-2ff </SECTNO> <SUBJECT>Administrative instructions governing movement of Hass avocados from Michoacan, Mexico, to approved States.</SUBJECT> <SECTNO>319.56-2gg</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of peppers from Spain.</SUBJECT> <SECTNO>319.56-2hh</SECTNO> <SUBJECT>Conditions governing the entry of peppers from New Zealand.</SUBJECT> <SECTNO>319.56-2ii</SECTNO> <SUBJECT>Administrative instructions: conditions governing the entry of mangoes from the Philippines.</SUBJECT> <SECTNO>319.56-3</SECTNO> <SUBJECT>Applications for permits for importation of fruits and vegetables.</SUBJECT> <SECTNO>319.56-4</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <SECTNO>319.56-5</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <SECTNO>319.56-6</SECTNO> <SUBJECT>Inspection and other requirements at the port of first arrival.</SUBJECT> <SECTNO>319.56-7</SECTNO> <SUBJECT>Inspection of baggage and cargo on the dock.</SUBJECT> <SECTNO>319.56-8</SECTNO> <SUBJECT>Territorial applicability.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Wheat Diseases</HD> <SECTNO>319.59</SECTNO> <SUBJECT>Prohibitions on importation; disposal of articles refused importation.</SUBJECT> <SECTNO>319.59-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.59-2</SECTNO> <SUBJECT>Prohibited articles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Packing Materials</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTNO>319.69</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <SECTNO>319.69a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to the entry into Guam of plant materials specified in § 319.69.</SUBJECT> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and <E T="04">Regulations</E> </HD> <SECTNO>319.69-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.69-2</SECTNO> <SUBJECT>Freedom from pests.</SUBJECT> <SECTNO>319.69-3</SECTNO> <SUBJECT>Entry inspection.</SUBJECT> <SECTNO>319.69-4</SECTNO> <SUBJECT>Disposition of materials found in violation.</SUBJECT> <SECTNO>319.69-5</SECTNO> <SUBJECT>Types of soil authorized for packing.</SUBJECT> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Coffee</HD> <SECTNO>319.73-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.73-2</SECTNO> <SUBJECT>Products prohibited importation.</SUBJECT> <SECTNO>319.73-3</SECTNO> <SUBJECT>Conditions for transit movement of certain products through Puerto Rico or Hawaii.</SUBJECT> <SECTNO>319.73-4</SECTNO> <SUBJECT>Costs.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Cut Flowers</HD> <SECTNO>319.74-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.74-2</SECTNO> <SUBJECT>Conditions governing the entry of cut flowers.</SUBJECT> <SECTNO>319.74-3</SECTNO> <SUBJECT>Importations by the Department.</SUBJECT> <SECTNO>319.74-4</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Khapra Beetle</HD> <SECTNO>319.75</SECTNO> <SUBJECT>Restrictions on importation of restricted articles; disposal of articles refused importation.</SUBJECT> <SECTNO>319.75-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.75-2</SECTNO> <SUBJECT>Restricted articles.</SUBJECT> <SECTNO>319.75-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <SECTNO>319.75-4</SECTNO> <SUBJECT>Treatments.</SUBJECT> <SECTNO>319.75-5</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <SECTNO>319.75-6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <SECTNO>319.75-7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>319.75-8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <SECTNO>319.75-9</SECTNO> <SUBJECT>Inspection and phytosanitary certificate of inspection.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Exotic Bee Diseases and Parasites</HD> <SECTNO>319.76</SECTNO> <SUBJECT>Restrictions on importation of restricted articles; disposal of articles refused importation.</SUBJECT> <SECTNO>319.76-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.76-2</SECTNO> <SUBJECT>Restricted articles.</SUBJECT> <SECTNO>319.76-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <SECTNO>319.76-4</SECTNO> <SUBJECT>Inspections and treatments.</SUBJECT> <SECTNO>319.76-5</SECTNO> <SUBJECT>Marking and shipping.</SUBJECT> <SECTNO>319.76-6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <SECTNO>319.76-7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>319.76-8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Gypsy Moth Host Material from Canada</HD> <SECTNO>319.77-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>319.77-2</SECTNO> <SUBJECT>Regulated articles.<PRTPAGE P="202"/> </SUBJECT> <SECTNO>319.77-3</SECTNO> <SUBJECT>Gypsy moth infested areas in Canada.</SUBJECT> <SECTNO>319.77-4</SECTNO> <SUBJECT>Conditions for the importation of regulated articles.</SUBJECT> <SECTNO>319.77-5</SECTNO> <SUBJECT>Disposition of regulated articles denied entry.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>24 FR 10788, Dec. 29, 1959, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart—Foreign Cotton and Covers</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.8</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) Pursuant to sections 411-414 and 434 of the Plant Protection Act (7 U.S.C. 7711-7714 and 7754), and after the public hearing required thereunder, the Administrator of the Animal and Plant Health Inspection Service hereby determines that the unrestricted importation into the United States from all foreign countries and localities of (1) any parts or products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters, and other forms of cotton fiber (not including yarn, thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed products, except oil; cotton waste, including gin waste and thread waste; and any other unmanufactured parts of cotton plants; and (2) second-hand burlap and other fabrics, shredded or otherwise, which have been used or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops, may result in the entry into the United States of the pink bollworm (Pectinophora gossypiella (Saund.)), the golden nematode of potatoes Heterodera rostochiensis Wr.), the flag smut disease (Urocystis tritici Koern.), and other injurious plant diseases and insect pests, and said Administrator hereby further determines, that, in order to prevent the introduction into the United States of said plant diseases and insect pests, which are new to or not heretofore widely prevalent or distributed within and throughout the United States, it is necessary to forbid the importation into the United States of the plants and products, including fabrics, specified above, except as permitted in the regulations supplemental hereto. Hereafter the plants and products specified above shall not be imported or offered for entry into the United States from any foreign country or locality except as permitted by said regulations, and the plants and products permitted by the regulations to be imported or offered for entry shall be subject to sections 411-414 and 434 of the Plant Protection Act (7 U.S.C. 7711-7714 and 7754). <E T="03">Provided,</E> That whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find the existing conditions as to pest risk involved in the importation of the articles to which the regulations supplemental hereto apply, make it safe to modify, by making less stringent the restrictions contained in any of such regulations, he shall publish such findings in the administrative instructions, specifying the manner in which the restrictions shall be made less stringent, whereupon such modification shall become effective; or he may, upon request in specific cases, when the public interests will permit, authorize such importation under conditions specified in the permit to carry out the purposes of this part that are less stringent than those contained in the regulations.</P> <P>(b) As used in this section the term “United States” shall have the meaning ascribed to it in the regulations supplemental hereto.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 66 FR 21054, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8a</SECTNO> <SUBJECT>Administrative instructions relating to the entry of cotton and covers into Guam.</SUBJECT> <P>The plants and products specified in § 319.8(a) may be imported into Guam without further permit, other than the authorization contained in this paragraph. Sections 319.8-2 and 319.8-3 shall not be applicable to such importations. In addition, such importations need not comply with the requirements of § 319.8-4 relating to notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by the importer at the <PRTPAGE P="203"/>time of importation. Sections 319.8-5 through 319.8-27 shall not be applicable to importations into Guam. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations; General</HD> <SECTION> <SECTNO>§ 319.8-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>For the purposes of the regulations in this subpart, the following words shall be construed, respectively, to mean:</P> <P> <E T="03">Approved.</E> Approved by the Deputy Administrator of the Plant Protection and Quarantine Programs.</P> <P> <E T="03">Approved areas of Mexico.</E> Any areas of Mexico, other than those described in paragraphs (q) and (r) of this section, which are designated by the Deputy Administrator as areas in which cotton and cotton products are produced and handled under conditions comparable to those under which like cotton and cotton products are produced and handled in the generally infested pink bollworm regulated area in the United States.</P> <P> <E T="03">Approved fumigation facilities.</E> Approved vacuum fumigation plant at a port where an inspector is available to supervise the fumigation.</P> <P> <E T="03">Approved mill or plant.</E> A mill or plant operating under a signed agreement with the Plant Protection and Quarantine Programs required for approval of a mill or plant as specified in § 319.8-8(a)(2).</P> <P> <E T="03">Authorized.</E> Authorized by the Deputy Administrator of the Plant Protection and Quarantine Programs.</P> <P> <E T="03">Compressed.</E> Compressed or pressed and baled or packaged to a density greater than approximately 20 pounds and less than approximately 28 pounds per cubic foot.</P> <P> <E T="03">Compressed to high density.</E> Compressed or pressed and baled or packaged to a density of approximately 28 or more pounds per cubic foot.</P> <P> <E T="03">Contamination</E> (<E T="03">contaminate</E>). Containing or bearing whole cottonseed or seed cotton or other material which may carry the pink bollworm, the golden nematode of potatoes, the flag smut disease, or other injurious plant diseases or insect pests. (The verb contaminate shall be construed accordingly.)</P> <P> <E T="03">Cotton.</E> Parts and products of plants of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters and other forms of cotton fiber, not including yarn, thread and cloth; cottonseed hulls, cake, meal, and other cottonseed products, except oil; waste; and all other unmanufactured parts of cotton plants.</P> <P> <E T="03">Cottonseed.</E> Cottonseed from which the lint has been removed.</P> <P> <E T="03">Covers.</E> Second-hand burlap and other fabrics, shredded or otherwise, including any whole bag, any bag that has been slit open, and any part of a bag, which have been used, or are of the kinds ordinarily used, for containing cotton, grains (including grain products), field seeds, agricultural roots, rhizomes, tubers, or other underground crops. Burlap and other fabrics, when new or unused are excluded from this definition.</P> <P> <E T="03">Deputy Administrator, Plant Protection and Quarantine Programs.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs, or any officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.</P> <P> <E T="03">Gin trash.</E> All of the material produced during the cleaning and ginning of seed cotton, bollies or snapped cotton except the lint, cottonseed, and gin waste.</P> <P> <E T="03">Inspector.</E> A properly identified employee of the U.S. Department of Agriculture or other person authorized to enforce the provisions of the Plant Protection Act.</P> <P> <E T="03">Lint.</E> All forms of raw ginned cotton, either baled or unbaled, except linters and waste.</P> <P> <E T="03">Linters.</E> All forms of cotton fiber separated from cottonseed after the lint has been removed, excluding so-called hull fiber.</P> <P> <E T="03">North, northern.</E> When used to designate ports of arrival, these terms mean the port of Norfolk, Virginia, and all Atlantic Coast ports north thereof, <PRTPAGE P="204"/>ports along the Canadian border, and Pacific Coast ports in the States of Washington and Oregon. When used in a geographic sense to designate areas or locations, these terms mean any State in which cotton is not grown commercially. However when cotton is grown commercially in certain portions of a State, as is the case in Illinois, Kansas, and Missouri, these terms include those portions of such State as may be determined by the Deputy Administrator of the Plant Protection and Quarantine Programs as remote from the main area of cotton production.</P> <P> <E T="03">Northwest Mexico.</E> All of the State of Baja California, Mexico, and that part of the State of Sonora, Mexico, lying between San Luis Mesa and the Colorado River.</P> <P> <E T="03">Permit.</E> A form of authorization to allow the importation of cotton or covers in accordance with the regulations in this subpart.</P> <P> <E T="03">Person.</E> Any individual, firm, corporation, company, society, or association, or any organized group of any of the foregoing.</P> <P> <E T="03">Pink bollworm regulated area; generally infested pink bollworm regulated area.</E> The pink bollworm regulated area consists of those States or parts thereof designated as regulated area in Administrative Instructions issued under § 301.52-2 of this chapter. The generally infested pink bollworm regulated area is that part of the regulated area designated as generally infested in the said Administrative Instructions.</P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, of the United States Department of Agriculture.</P> <P> <E T="03">Root crop.</E> The underground crop portions of any plants.</P> <P> <E T="03">Samples.</E> Samples of lint, linters, waste, cottonseed cake, and cottonseed meal, of the amount and character usually required for trade purposes.</P> <P> <E T="03">Seed cotton.</E> Cotton as it comes from the field.</P> <P> <E T="03">Treatment.</E> Procedures administratively approved by the Deputy Administrator of the Plant Protection and Quarantine Programs for destroying infestations or infections of insect pests or plant diseases, such as fumigation, application of chemicals or dry or moist heat, or processing, utilization, or storage.</P> <P> <E T="03">Uncompressed.</E> Baled or packaged to a density not exceeding approximately 20 pounds per cubic foot.</P> <P> <E T="03">United States.</E> Any of the States, the District of Columbia, Guam, Puerto Rico, or the Virgin Islands of the United States.</P> <P> <E T="03">Utilization.</E> Processing or manufacture, in lieu of fumigation at time of entry, at a mill or plant specifically approved by the Deputy Administrator of the Plant Protection and Quarantine Programs. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> A list of approved mills and plants may be obtained from the Plant Protection and Quarantine Programs, Room 710, U.S. Appraisers Stores, 408 Atlantic Ave., Boston, Mass. 02210.</P> </FTNT> <P> <E T="03">Waste.</E> All forms of cotton waste derived from the manufacture of cotton lint, in any form or under any trade designation, including gin waste and thread waste; and waste products derived from the milling of cottonseed. Gin trash is not within the definition of waste.</P> <P> <E T="03">West Coast of Mexico.</E> The State of Sinaloa, the State of Sonora (except that part of the Imperial Valley lying between San Luis Mesa and the Colorado River), and the Southern Territory of Baja California, in Mexico.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Conditions of Importation and Entry of Cotton and Covers</HD> <SECTION> <SECTNO>§ 319.8-2</SECTNO> <SUBJECT>Permit procedure.</SUBJECT> <P>(a) Except as otherwise provided for in §§ 319.8-10 and 319.8-18, permits shall be obtained for importations into the United States of all cotton and covers. Permits will be issued only for cotton and covers authorized entry under §§ 319.8-6 through 319.8-20. Persons desiring to import cotton or covers under §§ 319.8-6 through 319.8-20 shall, in advance of departure of such material from a foreign port, submit to the <PRTPAGE P="205"/>Plant Protection and Quarantine Programs an application <SU>2</SU> <FTREF/> stating the name and address of the importer, the country from which such material is to be imported, and the kind of cotton or covers it is desired to import. Applications to import cottonseed shall state the approximate quantity and the proposed United States port of entry. Applications to import lint, linters, or waste shall state whether such materials are compressed.</P> <FTNT> <P> <SU>2</SU> Applications for permits should be made to Plant Importations Branch, Plant Protection and Quarantine Programs, 209 River Street, Hoboken, N.J. 07030.</P> </FTNT> <P>(b) Applications to import lint, linters, or waste at a port <SU>3</SU> <FTREF/> other than one in the North, in California, or on the Mexican Border shall also specify whether the commodity is compressed to high density.</P> <FTNT> <P> <SU>3</SU> Including ports in Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.</P> </FTNT> <P>(c) Applications for permits may be made orally or on forms provided for the purpose by the Plant Protection and Quarantine Programs, or may be made by a letter or telegram containing all the information required by this section.</P> <P>(d) Upon receipt and approval of such application by the Plant Protection and Quarantine Programs, an individual or continuing permit will be issued authorizing the importation and specifying the port of entry and the conditions of entry. A copy of the permit will be supplied to the importer.</P> <P>(e) Upon receipt of an application to import lint, linters, waste, or covers, without treatment, for utilization under agreement as defined in § 319.8-8(a)(2), an investigation will be made by an inspector to determine that the receiving mill or plant is satisfactorily located geographically, is equipped with all necessary safeguards, and is apparently in a position to fulfill all precautionary conditions to which it may agree. Upon determination by the inspector that these qualifications are fulfilled, the owner or operator of the mill or plant may sign an agreement specifying that the required precautionary conditions will be maintained. Such signed agreement will be a necessary requisite to the release at the port of entry of any imported lint, linters, waste, or covers for forwarding to and utilization at such mill or plant in lieu of vacuum fumigation or other treatment otherwise required by this subpart. Permits for the importation of such materials will be issued in accordance with paragraph (a) of this section.</P> <P>(f) Permits for importation of any cotton or covers are conditioned upon compliance with all requirements set forth therein and such additional requirements in this subpart as are in terms applicable thereto. Failure to comply with any such requirement will be deemed to invalidate the permit. Permits may also be cancelled or may be refused as provided in § 319.8-3, or entry denied as provided in §§ 319.8-11, 319.8-12, and § 319.8-13.</P> <P>(g) If through no fault of the importer a shipment of cotton or covers arrives at a United States port in advance of the issuance of a permit, it may be held, under suitable safeguards prescribed by the inspector at the port, in Customs custody at the risk of the importer, pending issuance of a permit, for a period not exceeding 20 days.</P> <P>(h) Pending development of adequate treating facilities in Guam, any cotton or covers that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a U.S. port of arrival where such treating facilities are available.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-3</SECTNO> <SUBJECT>Refusal and cancellation of permits.</SUBJECT> <P>(a) Permits for entry from the West Coast of Mexico, as authorized in § 319.8-12 of lint, linters, waste, cottonseed, and cottonseed hulls may be refused and existing permits cancelled by the Deputy Administrator if he has determined that the pink bollworm is present in the West Coast of Mexico or in Northwest Mexico, or that other conditions exist therein that would increase the hazard of pest introduction into the United States.</P> <P>(b) Permits for entry from Northwest Mexico as authorized in § 319.8-13 of <PRTPAGE P="206"/>lint, linters, waste, cottonseed, cottonseed hulls, and covers that have been used for cotton, may be refused and existing permits cancelled by the Deputy Administrator if he has determined that the pink bollworm is present in Northwest Mexico or in the West Coast of Mexico, or that other conditions exist therein that would increase the hazard of pest introduction into the United States.</P> <CITA>[27 FR 5389, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-4</SECTNO> <SUBJECT>Notice of arrival.</SUBJECT> <P>Immediately upon arrival at a port of entry of any shipment of cotton or covers the importer shall submit in duplicate, through the United States Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, and for the Plant Protection and Quarantine Programs, a notice of such arrival, on a form provided for that purpose (Form PQ-368) and shall give such information as is called for by that form.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-5</SECTNO> <SUBJECT>Marking of containers.</SUBJECT> <P>Every bale or other container of cotton lint, linters, waste, or covers imported or offered for entry shall be plainly marked or tagged with a bale number or other mark to distinguish it from other bales or containers of similar material. Bales of lint, linters, and waste from approved areas of Mexico, the West Coast of Mexico, or Northwest Mexico shall be tagged or otherwise marked to show the gin or mill of origin unless they are immediately exported.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-6</SECTNO> <SUBJECT>Cottonseed cake and cottonseed meal.</SUBJECT> <P>Entry of cottonseed cake and cottonseed meal will be authorized through any port at which the services of an inspector are available, subject to examination by an inspector for freedom from contamination. If found to be free of contamination, importations of such cottonseed cake and cottonseed meal will be released from further plant quarantine entry restrictions. If found to be contaminated such importations will be refused entry or subjected as a condition of entry to such safeguards as the inspector may prescribe, according to a method selected by him from administratively authorized procedures known to be effective under the conditions under which the safeguards are applied.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-7</SECTNO> <SUBJECT>Processed lint, linters, and waste.</SUBJECT> <P>Entry of lint, linters, and waste will be authorized without treatment but upon compliance with other applicable requirements of this subpart when the inspector can determine that such lint, linters, and waste have been so processed by bleaching, dyeing, or other means, as to have removed all cottonseed or to have destroyed all insect life.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-8</SECTNO> <SUBJECT>Lint, linters, and waste.</SUBJECT> <P>(a) <E T="03">Compressed to high density.</E> (1)(i) Entry of lint, linters, and waste, compressed to high density, will be authorized subject to vacuum fumigation by approved methods at any port where approved fumigation facilities are available.</P> <P>(ii) Importations of such lint, linters, and waste, arriving at a northern port where there are no approved fumigation facilities may be entered for transportation in bond to another northern port where such facilities are available, for the required vacuum fumigation.</P> <P>(iii) Such lint, linters, and waste compressed to high density arriving at a port in the State of California where there are no approved fumigation facilities may be entered for immediate transportation in bond via an all-water route if available, otherwise by overland transportation in van-type trucks or box cars after approved surface treatment, or under such other conditions as may be deemed necessary and are prescribed by the inspector to (<E T="03">a</E>) any port where approved fumigation facilities are available, there to receive the required vacuum fumigation before <PRTPAGE P="207"/>release, or (<E T="03">b</E>) to an approved mill or plant for utilization.</P> <P>(2) Entry of lint, linters, and waste compressed to high density, will be authorized without vacuum fumigation at any northern port, subject to movement to an approved mill or plant, the owner or operator of which has executed an agreement with the Plant Protection and Quarantine Programs to the effect that, in consideration of the waiving, of vacuum fumigation as a condition of entry and the substitution of approved utilization therefor:</P> <P>(i) The lint, linters, and waste so entered will be processed or manufactured at the mill or plant and until so used will be retained thereat, unless written authority is granted by the Plant Protection and Quarantine Programs to move the material to another mill or plant;</P> <P>(ii) Sanitary measures satisfactory to the Plant Protection and Quarantine Programs will be taken with respect to the collection and disposal of any waste, residues, and covers, including the collection and disposal of refuse from railroad cars, trucks, or other carriers used in transporting the material to the mill or plant;</P> <P>(iii) Inspectors of the Plant Protection and Quarantine Programs will have access to the mill or plant at any reasonable time to observe the methods of handling the material, the disposal of refuse, residues, waste, and covers, and otherwise to check compliance with the terms of the agreement;</P> <P>(iv) Such reports of the receipt and utilization of the material, and disposal of waste therefrom as may be required by the inspector will be submitted to him promptly;</P> <P>(v) Such other requirements as may be necessary in the opinion of the Deputy Administrator of the Plant Protection and Quarantine Programs to assure retention of the material, including all wastes and residues, at the mill or plant and its processing, utilization or disposal in a manner that will eliminate all pest risk, will be complied with.</P> <P>(3) Failure to comply with any of the conditions of an agreement specified in paragraph (a)(2) of this section may be cause for immediate cancellation of the agreement by the inspector and refusal to release, without vacuum fumigation, lint, linters, and waste for transportation to the mill or plant.</P> <P>(4) Agreements specified in paragraph (a)(2) of this section may be executed only with owners or operators of mills or plants located in States in which cotton is not grown commercially and at locations in such other States as may be administratively designated by the Deputy Administrator of the Plant Protection and Quarantine Programs after due consideration of possible pest risk involved and the proximity of growing cotton.</P> <P>(b) <E T="03">Uncompressed or compressed.</E> (1)(i) Entry of uncompressed or compressed lint, linters, and waste will be authorized, subject to vacuum fumigation by approved methods, through any northern port, through any port in the State of California, and through any port on the Mexican Border, where approved fumigation facilities are available.</P> <P>(ii) Importations of such lint, linters, and waste arriving at a northern port where there are no approved fumigation facilities may be entered for immediate transportation in bond to another northern port where such facilities are available, for the required vacuum fumigation.</P> <P>(iii) Compressed lint, linters, and waste arriving at a port in the State of California where there are no approved fumigation facilities may be entered for immediate transportation in bond by an all-water route if available, otherwise by overland transportation in van-type trucks or box cars after approved surface treatment, or under such other conditions as may be deemed necessary and are prescribed by the inspector, to any port in California or any northern port where approved fumigation facilities are available, there to receive the required vacuum fumigation before release, or to any northern port for movement to an approved mill or plant for utilization.</P> <P>(iv) Uncompressed lint, linters, and waste arriving at a port in the State of California where there are no approved fumigation facilities may be entered for immediate transportation in bond by an all-water route to any port in California or any northern port where approved fumigation facilities are available, there to receive the required <PRTPAGE P="208"/>vacuum fumigation before release, or to a northern port for movement to an approved mill or plant for utilization.</P> <P>(2) Entry without vacuum fumigation will be authorized for compressed lint, linters, and waste, and for uncompressed waste derived from cotton milled in countries that do not produce cotton, <SU>4</SU> <FTREF/> arriving at a northern port, subject to movement to an approved mill or plant.</P> <FTNT> <P> <SU>4</SU>For the purposes of this subpart the following countries are considered to be those in which cotton is not produced: Austria, Belgium, Canada, Denmark, Republic of Ireland (Eire), Finland, France, Germany (both East and West), Great Britain and Northern Ireland (United Kingdom), Iceland, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Sweden, and Switzerland.</P> </FTNT> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-9</SECTNO> <SUBJECT>Hull fiber and gin trash.</SUBJECT> <P>(a) Entry of hull fiber will be authorized under the same conditions as are applicable to waste under this subpart.</P> <P>(b) Gin trash may be imported only under the provisions of § 319.8-20.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-10</SECTNO> <SUBJECT>Covers.</SUBJECT> <P>(a) Entry of covers (including bags, slit bags, and parts of bags) which have been used as containers for cotton grown or processed in countries other than the United States may be authorized either (1) through a Mexican border port named in the permit for vacuum fumigation by an approved method in that part of the United States within the generally infested pink bollworm regulated area; or (2) through a northern port or a port in the State of California subject to vacuum fumigation by an approved method or without vacuum fumigation when the covers are to be moved to an approved mill or plant for utilization. When such covers are forwarded from a northern port to a mill or plant in California for utilization, or from a California port to another California or northern port for vacuum fumigation thereat or for movement to a mill or plant for utilization such movement shall be made by an all-water route unless the bales are compressed to a density of 20 pounds or more per cubic foot in which case the bales may be moved overland in van-type trucks or box cars if all-water transportation is not available. Such overland movement may be made only after approved surface treatment or under such other conditions as may be deemed necessary and are prescribed by the inspector. When such covers arrive at a port other than a northern, California, or Mexican border port they will be required to be transported therefrom immediately in bond by an all-water route to a northern or California port where approved vacuum fumigation facilities are available for vacuum fumigation thereat by an approved method or for forwarding therefrom to an approved mill or plant for utilization.</P> <P>(b) American cotton bagging, commonly known as coarse gunny, which has been used to cover only cotton grown or processed in the United States, may be authorized entry at any port under permit and upon compliance with §§ 319.8-4 and 319.8-5, without fumigation or other treatment. Marking patches of the finer burlaps or other fabrics when attached to bales of such bagging may be disregarded if, in the judgment of the inspector, they do not present a risk of carrying live pink bollworms, golden nematode cysts or flag smut spores.</P> <P>(c) Bags, slit bags, parts of bags, and other covers which have been used as containers for root crops or are of a kind ordinarily used as containers for root crops may be authorized entry subject to immediate treatment in such manner and according to such method as the inspector may select from administratively authorized procedures known to be effective under the conditions under which the treatment is applied, and subject to any additional safeguard measures that may be prescribed by the inspector pursuant to § 319.8-24, or that he may prescribe in regard to the manner of discharge from the carrier and conveyance to the place of treatment: <E T="03">Provided,</E> That such covers may be authorized entry from Canada without treatment as prescribed in this paragraph unless the covers are found to be contaminated.<PRTPAGE P="209"/> </P> <P>(d) Bags, slit bags, parts of bags, and other covers that have been used as containers for wheat or wheat products that have not been so processed as to have destroyed all flag smut disease spores, or that have been used as containers for field seeds separated from wheat during the process of screening, and which arrive from a country named in § 319.59-2(a)(2) of this part, if intended for reuse in this country as grain containers may be authorized entry, subject to immediate treatment at the port of arrival. If such covers are not intended to be reused in this country as grain containers their entry may be authorized subject to movement for utilization to an approved mill or plant the owner or operator of which has executed an appropriate agreement with the Plant Protection and Quarantine Programs similar to that described in § 319.8-8(a)(2). Covers coming within this paragraph only, may be entered without permit other than the authorization provided in this paragraph and without other restriction under this subpart upon presentation to an inspector of satisfactory evidence that they have been used only for grains exported from the United States and are being returned empty without use abroad and that while abroad they have been handled in a manner to prevent their contamination.</P> <P>(e) When upon arrival at a port of entry any shipment of bags, slit bags, parts of bags, or other covers, is found to include one or more bales containing material the importation of which is regulated by paragraph (a), (c), or (d) of this section, the entire shipment, or any portion thereof, may be required by the inspector to be treated as specified in the applicable paragraph.</P> <P>(f) If upon their arrival at a port of entry covers are classified by the inspector as coming within more than one paragraph of this section, they will be authorized entry only upon compliance with such requirements of the applicable paragraphs as the inspector may deem necessary to prevent the introduction of plant diseases and insect pests.</P> <P>(g) Notwithstanding the provisions of any other paragraph of this section the entry from any country of bags, slit bags, parts of bags, and other covers will be authorized without treatment but upon compliance with other applicable sections of this subpart if the inspector finds that they have obviously not been used in a manner that would contaminate them or when in the inspector's opinion there is otherwise no plant pest risk associated with their entry.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Special Conditions for the Entry of Cotton and Covers From Mexico</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>Sections 319.8-11 through 319.8-14 appear at 27 FR 5309, June 7, 1962, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 319.8-11</SECTNO> <SUBJECT>From approved areas of Mexico.</SUBJECT> <P>(a) Entry of lint, linters, and waste (including gin and oil mill wastes) which were derived from cotton grown in, and which were produced and handled only in approved areas of Mexico <SU>5</SU> <FTREF/> may be authorized through Mexican Border ports in Texas named in the permits</P> <FTNT> <P> <SU>5</SU> See § 319.8-1(p) for definition of “Approved areas of Mexico.” These are within that part of Mexico not included in the “West Coast of Mexico” (§ 319.8-1(q)) or “Northwest Mexico” (§ 319.8-1(r)).</P> </FTNT> <P>(1) For movement into the generally infested pink bollworm regulated area such products becoming subject immediately upon release by the inspector to the requirements, in § 301.52 of this chapter, applicable to like products originating in the pink bollworm regulated area, or</P> <P>(2) For movement to an approved mill or plant for utilization, or</P> <P>(3) For movement to New Orleans for immediate vacuum fumigation.</P> <P>(b) Entry of cottonseed or cottonseed hulls in bulk, or in covers that are new or which have not been used previously to contain cotton or unmanufactured cotton products, may be authorized through Mexican Border ports in Texas named in the permits, for movement into the generally infested pink bollworm regulated area when certified by an inspector as having been produced in an approved area and handled subsequently in a manner satisfactory <PRTPAGE P="210"/>to the inspector. Upon arrival in the generally infested pink bollworm regulated area such cottonseed or cottonseed hulls will be released from further plant quarantine entry requirements and shall become subject immediately to the requirements in § 301.52 of this chapter.</P> <CITA>[27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-12</SECTNO> <SUBJECT>From the West Coast of Mexico.</SUBJECT> <P>Contingent upon continued freedom of the West Coast of Mexico and of Northwest Mexico from infestations of the pink bollworm, entry of the following products may be authorized under permit subject to inspection to determine freedom from hazardous plant pest conditions:</P> <P>(a) Compressed lint and linters.</P> <P>(b) Uncompressed lint and linters for movement into the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter.</P> <P>(c) Compressed or uncompressed cotton waste for movement under bond to Fabens, Texas, for vacuum fumigation after which it will be released from further plant quarantine entry requirements.</P> <P>(d) Cottonseed when certified by an inspector as having been treated, stored, and transported in a manner satisfactory to the Deputy Administrator.</P> <P>(e) Untreated, non-certified cottonseed contained in new bags for movement by special manifest to any destination in the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter.</P> <P>(f) Cottonseed hulls when certified by an inspector as having been treated, stored, and transported in a manner satisfactory to the Deputy Administrator.</P> <P>(g) Any cotton products for movement through Mexican border ports in Texas directly into the generally infested pink bollworm regulated area, movement thereafter to be in accordance with § 301.52 of this chapter.</P> <CITA>[27 FR 5309, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-13</SECTNO> <SUBJECT>From Northwest Mexico.</SUBJECT> <P>Contingent upon continued freedom of Northwest Mexico and of the West Coast of Mexico from infestations of the pink bollworm and other plant pest conditions that would increase risk of pest introduction into the United States with importations authorized under this section, entry of the following products may be authorized under permit subject to inspection upon arrival to determine freedom from hazardous plant pest conditions:</P> <P>(a) Lint, linters, and waste.</P> <P>(b) Cottonseed.</P> <P>(c) Cottonseed hulls.</P> <P>(d) Covers that have been used for cotton only.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-14</SECTNO> <SUBJECT>Mexican cotton and covers not otherwise enterable.</SUBJECT> <P>Mexican cotton and covers not enterable under § 319.8-11, § 319.8-12, or § 319.8-13 may be entered in accordance with §§ 319.8-6 through 319.8-10 and §§ 319.8-16 through 319.8-20 insofar as said sections are applicable.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Miscellaneous Provisions</HD> <SECTION> <SECTNO>§ 319.8-16</SECTNO> <SUBJECT>Importation into United States of cotton and covers exported therefrom.</SUBJECT> <P>(a) Cotton and covers grown, produced, or handled in the United States and exported therefrom, and in the original bales or other containers in which such material was exported therefrom, may be imported into the United States at any port under permit, without vacuum fumigation or other treatment or restriction as to utilization, upon compliance with §§ 319.8-2, 319.8-4, and § 319.8-5, and upon the submission of evidence satisfactory to the inspector that such material was grown, produced, or handled in the United States and does not constitute a risk of introducing the pink bollworm into the United States.</P> <P>(b) Cotton and covers of foreign origin imported into the United States in accordance with this subpart and exported therefrom, when in the original bales or other original containers, may be reimported into the United States under the conditions specified in paragraph (a) of this section.</P> </SECTION> <SECTION> <PRTPAGE P="211"/> <SECTNO>§ 319.8-17</SECTNO> <SUBJECT>Importation for exportation, and importation for transportation and exportation; storage.</SUBJECT> <P>(a) Importation of cotton and covers for exportation, or for transportation and exportation, in accordance with this subpart shall also be subject to §§ 352.1 through 352.8 of this chapter, as amended.</P> <P>(b) Importation at northern ports of unfumigated lint, linters, waste, cottonseed cake, cottonseed meal and covers used only for cotton, for exportation or for transportation and exportation through another northern port, may be authorized by the inspector under permit if, in his judgment, such procedures can be authorized without risk of introducing the pink bollworm.</P> <P>(c) Entry under permit of lint, linters, or waste compressed to high density will be authorized for purposes of storage in the north pending exportation, fumigation, or utilization in an approved mill or plant provided the owner or operator of such proposed storage place has executed an agreement with the Plant Protection and Quarantine Programs similar to those required for mills or plants to utilize lint, linters, and waste as specified in § 319.8-8(a)(2), and provided further that</P> <P>(1) Inspectors are available to supervise the storage,</P> <P>(2) The bales of material to be stored are free from surface contamination,</P> <P>(3) The material is kept segregated from other cotton and covers in a manner satisfactory to the inspector, and</P> <P>(4) The waste is collected and disposed of in a manner satisfactory to the inspector.</P> <P>(d) Except as provided in § 319.8-23(a)(4), compressed lint, linters, and waste, uncompressed waste derived from cotton milled in a non-cotton-producing country,<SU>6</SU> <FTREF/> and covers, arriving at a port in the north for entry for exportation, vacuum fumigation, or utilization in accordance with the requirements in this subpart, may be allowed movement in Customs custody for storage at a point in the north pending such exportation, or movement to an approved mill or plant for vacuum fumigation or utilization, when there are inspectors available to supervise such storage, if the bales are free of surface contamination, if they are kept segregated from other cotton and covers in a manner satisfactory to the inspector, and if waste is collected and disposed of in a manner satisfactory to the inspector. Such lint, linters, waste, and covers shall remain under Customs custody until released by the inspector.</P> <FTNT> <P> <SU>6</SU> For the purposes of this subpart the following countries are considered as non-cotton-producing countries: Austria, Belgium, Canada, Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), Iceland, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Sweden and Switzerland.</P> </FTNT> <P>(e) Importation of lint, linters, and waste from Mexico for transportation and exportation will be authorized under permit if such material is compressed before, or immediately upon entering into the United States, or is compressed while en route to the port of export at a compress specifically authorized in the permit. The ports of export which may be named in the permit shall be limited to those that have been administratively approved for such exportation. Storage of such compressed cotton may be authorized, in approved bonded warehouses in Texas.</P> <P>(f) Entry of uncompressed lint, linters, and waste from Mexico may be authorized at ports named in the permit for exportation at ports within the generally infested pink bollworm regulated area or for transportation and exportation via rail to Canada under such conditions and over such routes as may be specified in the permit.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.8-18</SECTNO> <SUBJECT>Samples.</SUBJECT> <P>(a) Samples of lint, linters, waste, cottonseed cake, and cottonseed meal may be entered without further permit other than the authorization contained in this section, but subject to inspection and such treatment as the inspector may deem necessary. Samples which represent either such products of United States origin or such products imported into the United States in accordance with the requirements of this subpart, and which were exported from the United States, may be entered into the United States without inspection <PRTPAGE P="212"/>when the inspector is satisfied as to the identity of the samples.</P> <P>(b) Samples of cottonseed or seed cotton may be entered subject to the conditions and requirements provided in §§ 319.8-2, 319.8-4, and 319.8-19.</P> <P>(c) Bales or other containers of cotton shall not be broken or opened for sampling and samples shall not be drawn until the inspector has so authorized and has prescribed the conditions and safeguards under which such samples shall be obtained.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-19</SECTNO> <SUBJECT>Cottonseed or seed cotton for experimental or scientific purposes.</SUBJECT> <P>Entry of small quantities of cottonseed or seed cotton for experimental or scientific purposes may be authorized through such ports as may be named in the permit, and shall be subject to such special conditions as shall be set forth in the permit to provide adequate safeguards against pest entry.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-20</SECTNO> <SUBJECT>Importations by the Department of Agriculture.</SUBJECT> <P>Cotton and covers may be imported by the Department of Agriculture for experimental or scientific purposes under such conditions as may be prescribed by the Deputy Administrator of the Plant Protection and Quarantine Programs, which conditions may include clearance through the New Crops Research Branch of the Plant Science Research Division, Agricultural Research Services.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-21</SECTNO> <SUBJECT>Release of cotton and covers after 18 months’ storage.</SUBJECT> <P>Cotton and covers, the entry of which has been authorized subject to vacuum fumigation or other treatment because of the pink bollworm only, and which have not received such treatment but have been stored for a period of 18 months or more will be released from further plant quarantine entry restrictions.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-22</SECTNO> <SUBJECT>Ports of entry or export.</SUBJECT> <P>When ports of entry or export are not specifically designated in this subpart but are left to the judgment of the inspector, the inspector shall designate only such ports as have been administratively approved for such entry or export.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-23</SECTNO> <SUBJECT>Treatment.</SUBJECT> <P>(a)(1) Vacuum fumigation as required in this subpart shall consist of fumigation, in a vacuum fumigation plant approved by the Deputy Administrator of the Plant Protection and Quarantine Programs, under the supervision of an inspector and to his satisfaction. Continued approval of the plant will be contingent upon the granting by the operator thereof, to the inspector, of access to all parts of the plant at all reasonable hours for the purpose of supervising sanitary and other operating conditions, checking the efficacy of the apparatus and chemical operations, and determining that wastage has been cleaned up and disposed of in a manner satisfactory to the inspector; and upon the maintenance at the plant of conditions satisfactory to the inspector.</P> <P>(2) After cotton and covers have been vacuum fumigated they shall be so marked under the supervision of an inspector. Such material may thereafter be distributed, forwarded, or shipped without further plant quarantine entry restriction.</P> <P>(3) Cotton and covers held by an importer for vacuum fumigation must be stored under conditions satisfactory to the inspector.</P> <P>(4) Prompt vacuum fumigation of cotton and covers (other than high density cotton free of surface contamination) will be required at non-northern ports. Similar prompt vacuum fumigation will be required at Norfolk, Virginia, during the period June 15 to October 15 of each year, except for covers which have been used to contain only lint, linters, or waste, and the bales of which are compressed to a density of 28 or more pounds per cubic foot and are free of surface contamination.</P> <P>(b) An inspector may authorize the substitution of processing, utilization, or other form of treatment for vacuum fumigation when in his opinion such other treatment, selected by him from administratively authorized procedures, will be effective in eliminating infestation of the pink bollworm.</P> </SECTION> <SECTION> <PRTPAGE P="213"/> <SECTNO>§ 319.8-24</SECTNO> <SUBJECT>Collection and disposal of waste.</SUBJECT> <P>(a) Importers shall handle imported, unfumigated cotton and covers in a manner to avoid waste. If waste does occur, the importer or his agent shall collect and dispose of such waste in a manner satisfactory to the inspector.</P> <P>(b) If, in the judgment of an inspector, it is necessary as a safeguard against risk of pest dispersal to clean railway cars, lighters, trucks, and other vehicles and vessels used for transporting such cotton or covers, or to clean piers, warehouses, fumigation plants, mills, or other premises used in connection with importation of such cotton or covers, the importer or his agent shall perform such cleaning, in a manner satisfactory to the inspector.</P> <P>(c) All costs incident to such collection, disposal, and cleaning other than the services of the inspector during his regular tour of duty and at the usual place of duty, shall be borne by the importer or his agent.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-25</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. The Plant Protection and Quarantine Programs will not assume responsibility for any costs or charges, other than those indicated in this section, in connection with the entry, inspection, treatment, conditioning, storage, forwarding, or any other operation of any character incidental to the physical entry of an importation of a restricted material.</P> </SECTION> <SECTION> <SECTNO>§ 319.8-26</SECTNO> <SUBJECT>Material refused entry.</SUBJECT> <P>Any material refused entry for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer for destruction, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector may prescribe. If such material is not promptly safeguarded by the importer, removed from the United States, or abandoned for destruction to the satisfaction of the inspector it may be seized, destroyed, or otherwise disposed of in accordance with sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731). Neither the Department of Agriculture nor the inspector will be responsible for any costs accruing for demurrage, shipping charges, cartage, labor, chemicals, or other expenses incidental to the safeguarding or disposal of material refused entry by the inspector, nor will the Department of Agriculture or the inspector assume responsibility for the value of material destroyed.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Sugarcane</HD> <SECTION> <SECTNO>§ 319.15</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The importation into the United States of sugarcane and its related products, including cuttings, canes, leaves, and bagasse, from all foreign countries and localities is prohibited, except for importations by the U.S. Department of Agriculture for scientific or experimental purposes and importations authorized under a permit issued by the Department specifying conditions under which the materials have been or are to be subjected to mitigate any pest risk.</P> <P>(b) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.15a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products.</SUBJECT> <P>Bagasse and related sugarcane products have been so processed that, in the judgment of the Department, their importation into Guam will involve no pest risk, and they may be imported into Guam without further permit, other than the authorization contained in this paragraph. Such importations may be made without the submission of a notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by the importer at the time of importation. Inspection of such importations <PRTPAGE P="214"/>may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Canker and Other Citrus Diseases</HD> <SECTION> <SECTNO>§ 319.19</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) In order to prevent the introduction into the United States of the citrus canker disease (<E T="03">Xanthomonas citri</E> (Hasse) Dowson) and other citrus diseases, the importation into the United States of plants or any plant part, except fruit and seeds, of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae is prohibited, except as provided in paragraphs (b), (c), and (d) of this section.</P> <P>(b) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae may be imported into the United States for experimental or scientific purposes in accordance with conditions prescribed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture.</P> <P>(c) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae may be imported into Guam in accordance with § 319.37-6.</P> <P>(d) Plants or plant parts of all genera, species, and varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae that are regulated articles under §§ 319.40-1 through 319.40-11 may be imported into the United States in accordance with §§ 319.40-1 through 319.40-11 and without restriction by this subpart.</P> <P>(e) As used in this section unless the context otherwise requires, the term “United States” means the continental United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27674, May 25, 1995]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Corn Diseases</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.24</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The fact has been determined by the Secretary of Agriculture, and notice is hereby given, that maize or Indian corn (Zea mays L.) and closely related plants are subject to certain injurious diseases, especially Peronospora maydis Raciborski, Sclerospora sacchari Miyake and other downy mildews; also the Physoderma diseases of maize, Physoderma zeae-maydis Shaw, and Physoderma maydis Miyake, new to and not heretofore widely prevalent or distributed within and throughout the United States, and that these diseases occur in southeastern Asia (including India, Siam, Indo-China and China), Malayan Archipelago, Australia, Oceania, Philippine Islands, Formosa, Japan, and adjacent islands.</P> <P>(b) Except as otherwise provided in this subpart, the importation into the United States of raw or unmanufactured corn seed and all other portions of Indian corn or maize and related plants, including all species of teosinte (<E T="03">Euchlaena</E>), jobs-tears (<E T="03">Coix</E>), <E T="03">Polytoca, Chionachne,</E> and <E T="03">Sclerachne,</E> from southeastern Asia (including India, Indochina, and the People's Republic of China), Malayan Archipelago, Australia, New Zealand, Oceania, Philippine Islands, Manchuria, Japan, and adjacent islands is prohibited. However, this prohibition does not apply to importations of such items by the U.S. Department of Agriculture for scientific or experimental purposes. And further, when the public interests will permit, the Deputy Administrator of the Plant Protection and Quarantine Programs may, upon request in specific cases, authorize such importations into Guam under conditions specified in the permit that are less stringent than those contained in this subpart.</P> <P>(c) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto <PRTPAGE P="215"/>Rico, and the Virgin Islands of the United States.</P> <P>(d) Seed of Indian corn or maize (<E T="03">Zea mays L.</E>) that is free from the cob and from all other parts of corn may be imported into the United States from New Zealand without further restriction.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993; 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.24a</SECTNO> <SUBJECT>Administrative instructions relating to entry of corn into Guam.</SUBJECT> <P>Corn may be imported into Guam without further permit, other than the authorization contained in this section but subject to compliance with § 319.24-3. Such imports need not comply with the notice of arrival requirements of § 319.24-4 inasmuch as information equivalent to that in a notice of arrival is available to the inspector from another source. Section 319.24-5 shall not be applicable to importations of corn into Guam. Such importations shall be subject to inspection at the port of entry. Corn found upon inspection to contain disease infection will be subject to sterilization in accordance with methods selected by the inspector from administratively authorized procedures known to be effective under the conditions in which applied.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Regulations Governing Entry of Indian Corn or Maize</HD> <SECTION> <SECTNO>§ 319.24-1</SECTNO> <SUBJECT>Applications for permits for importation of corn.</SUBJECT> <P>Persons contemplating the importation of corn into the United States shall, before shipping the corn, make application for a permit, on forms provided for that purpose, to the Deputy Administrator of the Plant Protection and Quarantine Programs, Department of Agriculture, Washington, DC, stating the name and address of the exporter, the country and locality where grown, the port of departure, the proposed port of entry, and the name and address of the importer or of the broker in the United States to whom the permit should be sent.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.24-2</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <P>(a) Upon receipt of an application and upon approval by an inspector a permit will be issued specifying the conditions of entry and the port of entry to carry out the purposes of this subpart, and a copy will be supplied to the importer.</P> <P>(b) Further permits may be refused and existing permits revoked, if the application therefor does not correctly give the locality where the corn was grown, or is false or deceptive in any material particular.</P> </SECTION> <SECTION> <SECTNO>§ 319.24-3</SECTNO> <SUBJECT>Marking as condition of entry.</SUBJECT> <P>Every bag or other container of corn offered for entry shall be plainly marked with such numbers or marks as will make it easily possible to associate the bags or containers with a particular importation.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.24-4</SECTNO> <SUBJECT>Notice of arrival of corn by permittee.</SUBJECT> <P>Immediately upon the arrival of the corn at the port of entry the permittee shall submit, in duplicate, notice to the Plant Protection and Quarantine Programs, through the United States Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on forms provided for that purpose, stating the number of the permit, the number of bags or other containers of corn included in the shipment, the bag or other container numbers or marks, the country and locality where the corn was grown, the name and address of the exporter or foreign shipper, the port of departure, the date of arrival, the name of the ship or vessel, and the designation of the dock where the corn is to be landed.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.24-5</SECTNO> <SUBJECT>Condition of entry.</SUBJECT> <P>The corn shall not be removed from the port of entry, nor shall any bag or other container thereof be broken or <PRTPAGE P="216"/>opened, except for the purpose of sterilization, until a written notice is given to the United States Collector of Customs, or, in the case of Guam, the Customs officer of the Government of Guam, by an inspector of the Plant Protection and Quarantine Programs, that the corn has been properly sterilized and released for entry without further restrictions so far as the jurisdiction of the Department of Agriculture extends thereto. All apparatus and methods for accomplishing such sterilization must be satisfactory to the Plant Protection and Quarantine Programs. Corn will be delivered to the permittee for sterilization, upon the filing with the appropriate customs official of a bond in the amount of $5,000, or in an amount equal to the invoice value of the corn if such value is less than $5,000, with approved sureties, and conditioned upon sterilization of the corn under the supervision and the satisfaction of an inspector of the Plant Protection and Quarantine Programs; and upon the redelivery of the corn to said customs official within 40 days from the arrival of the corn at the port of entry.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Citrus Fruit</HD> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Citrus nursery stock, except seeds, is prohibited entry from all foreign countries and localities by the citrus nursery stock quarantine No. 19 (§ 319.19).</P> <P>The importation from all foreign countries of fruits of citrus and citrus relatives, other than those specified in this subpart, is restricted by the provisions of fruit and vegetable quarantine No. 56 (§§ 319.56 to 319.56-8).</P> </NOTE> <SECTION> <SECTNO>§ 319.28</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a)(1) To prevent the introduction into the United States of citrus canker disease <E T="03">Xanthomonas campestris</E> pv. <E T="03">citri</E> (Hasse) Dye, the importation of all fruits and peel of all genera, species, and varieties of the subfamilies <E T="03">Aurantioideae, Rutoideae,</E> and <E T="03">Toddalioideae</E> of the botanical family <E T="03">Rutaceae</E> from eastern and southeastern Asia (including India, Myanmar, Sri Lanka, Thailand, Indochina, and the People's Republic of China); the Malay Archipelago; the Philippine Islands; Oceania (except Australia and Tasmania); Japan and adjacent islands; the Republic of Korea; Mauritius; Seychelles; Argentina (except for the States of Catamarca, Jujuy, Salta, and Tucuman, which are considered free of citrus canker); Brazil; and Paraguay is prohibited.</P> <P>(2) To prevent the introduction into the United States of sweet orange scab (<E T="03">Elsinoe australis</E> Bitanc. and Jenkins), the importation of fruits and peel of all species and varieties of the genus <E T="03">Citrus,</E> including <E T="03">Citrus aurantifolia</E> (Christm.) Swingle, <E T="03">C. aurantium</E> L., <E T="03">C. hystrix</E> DC., <E T="03">C. limon</E> (L.) Burm. f., <E T="03">C. paradisi</E> Macf., <E T="03">C. reticulata</E> Blanco, <E T="03">C. sinensis</E> (L.) Osbeck, and <E T="03">Fortunella margarita</E> (Lour.) Swingle, from Argentina (except as provided by § 319.56-2f of this part), Brazil, Paraguay, and Uruguay is prohibited.</P> <P>(3) To prevent the introduction into the United States of the bacterial disease “Cancrosis B,” the importation of fruits and peel of all species and varieties of the genus <E T="03">Citrus,</E> including those indicated in the previous paragraph, is prohibited from Argentina (except for the States of Catamarca, Jujuy, Salta, and Tucuman, which are considered free of Cancrosis B), Paraguay, and Uruguay. Seeds and processed peel of fruits designated in this section are excluded from this prohibition. Such seeds, however, are subject to the requirements of §§ 319.37 through 319.37-27.</P> <P>(b) The prohibition does not apply to Unshu oranges (<E T="03">Citrus reticulata</E> Blanco var. <E T="03">unshu,</E> Swingle [<E T="03">Citrus unshiu</E> Marcovitch, Tanaka]), also known as Satsuma, grown in Japan or on Cheju Island, Republic of Korea, and imported under permit into any area of the United States except for American Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States: <E T="03">Provided,</E> that each of the following safeguards is fully carried out:</P> <P>(1) The Unshu oranges must be grown and packed in isolated, canker-free export areas established by the plant protection service of the country of origin. Only Unshu orange trees may be grown in these areas, which must be kept free of all citrus other than the propagative material of Unshu oranges. The export areas must be inspected and found free <PRTPAGE P="217"/>of citrus canker and prohibited plant material by qualified plant protection officers of both the country of origin and the United States. The export areas must be surrounded by 400-meter-wide buffer zones. The buffer zones must be kept free of all citrus other than the following 10 varieties: Buntan Hirado (<E T="03">Citrus grandis</E>); Buntan Vietnam (<E T="03">C. grandis</E>); Hassaku (<E T="03">C. hassaku</E>); Hyuganatsu (<E T="03">C. tamurana</E>); Kinkan (<E T="03">Fortunella</E> spp. non <E T="03">Fortunella hindsii</E>); Kiyomi tangor (hybrid); Orange Hyuga (<E T="03">C. tamurana</E>); Ponkan (<E T="03">C. reticulata</E>); Unshu (<E T="03">C.</E> unshiu Marcovitch, Tanaka [<E T="03">Citrus reticulata</E> Blanco var. <E T="03">unshu,</E> Swingle]); and Yuzu (<E T="03">C. junos</E>). The buffer zones must be inspected and found free of citrus canker and prohibited plant material by qualified plant protection officers of both the country of origin and the United States.</P> <P>(2) Inspection of the Unshu oranges shall be performed jointly by plant protection officers of the country of origin and the United States in the groves prior to and during harvest, and in the packinghouses during packing operations.</P> <P>(3) Before packing, such oranges shall be given a surface sterilization as prescribed by the U.S. Department of Agriculture.</P> <P>(4) The identity of the fruit shall be maintained in the following manner:</P> <P>(i) On its tissue paper wrapping, and on the individual box in which such oranges are shipped, there is to be stamped or printed a statement specifying the States into which the Unshu oranges may be imported, and from which they are prohibited removal under a Federal plant quarantine.</P> <P>(ii) Each shipment of oranges handled in accordance with these procedures shall be accompanied by a certificate of the plant protection service of the country of origin certifying that the fruit is apparently free of citrus canker disease.</P> <P>(5) [Reserved]</P> <P>(6) The Unshu oranges may be imported into the United States only through a port of entry listed in § 319.37-14 of this part, except that the importation is prohibited through ports of entry located in American Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the United States.</P> <P>(c) This prohibition shall not apply to importations for experimental or scientific purposes by the U.S. Department of Agriculture upon such conditions and under such requirements as may be prescribed in permits that may be issued by the Deputy Administrator of the Plant Protection and Quarantine Programs for such importations.</P> <P>(d) Further, this prohibition shall not apply to importations into Guam of the fruits and peel designated in paragraph (a)(1) of this section.</P> <P>(e) Importations allowed in paragraphs (b), (c), and (d) of this section shall be subject to the permit and other requirements under the Fruits and Vegetables Quarantine (§ 319.56).</P> <P>(f) All salary, travel, and subsistence expenses incident to the assignment of personnel of the U.S. Department of Agriculture to such operations in the country of origin of the Unshu oranges shall be paid by those requesting the service of such personnel.</P> <P>(g) The term <E T="03">United States</E> means the States, District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <P>(h) Any permit that has been issued for the importation of Unshu oranges may be withdrawn by an inspector orally or in writing, if he or she determines that the holder of the permit has not complied with any of the conditions in the regulations. The holder of the permit shall be informed orally or in writing of the reasons for the withdrawal. If the withdrawal is oral, the decision and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn. As promptly as circumstances allow, the Deputy Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material <PRTPAGE P="218"/>fact. Rules of practice concerning a hearing will be adopted by the Deputy Administrator.</P> <P>(i) The term <E T="03">inspector</E> means any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, who is authorized by the Deputy Administrator to enforce the regulations in this subpart.</P> <CITA>[32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR 39103, 39104, Aug. 1, 1995; 65 FR 37667, June 15, 2000; 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products <SU>1, 2</SU> <FTREF/> </HD> <FTNT> <P> <SU>1</SU> The Plant Protection and Quarantine Programs also enforces regulations promulgated under the Endangered Species Act of 1973 (Pub. L. 93-205, as amended) which contain additional prohibitions and restrictions on importation into the United States of articles subject to this subpart (See 50 CFR parts 17 and 23).</P> <P> <SU>2</SU> One or more common names of articles are given in parentheses after most scientific names (when common names are known) for the purpose of helping to identify the articles represented by such scientific names; however, unless otherwise specified, a reference to a scientific name includes all articles within the category represented by the scientific name regardless of whether the common name or names are as comprehensive in scope as the scientific name.</P> </FTNT> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>45 FR 31585, May 13, 1980, as amended at 60 FR 27674, May 25, 1995.</P> </SOURCE> <SECTION> <SECTNO>§ 319.37</SECTNO> <SUBJECT>Prohibitions and restrictions on importation; disposal of articles refused importation.</SUBJECT> <P>(a) No person shall import or offer for entry into the United States any prohibited article, except as otherwise provided in § 319.37-2(c) of this subpart. No person shall import or offer for entry into the United States any restricted article except in accordance with this subpart.</P> <P>(b) The importer of any article denied entry for noncompliance with this subpart must, at the importer's expense and within the time specified in an emergency action notification (PPQ Form 523), destroy, ship to a point outside the United States, or apply treatments or other safeguards to the article, as prescribed by an inspector to prevent the introduction into the United States of plant pests. In choosing which action to order and in setting the time limit for the action, the inspector shall consider the degree of pest risk presented by the plant pest associated with the article, whether the article is a host of the pest, the types of other host materials for the pest in or near the port, the climate and season at the port in relation to the pest's survival range, and the availability of treatment facilities for the article.</P> <P>(c) No person shall remove any restricted article from the port of first arrival unless and until a written notice is given to the collector of customs by the inspector that the restricted article has satisfied all requirements under this subpart.</P> <CITA>[57 FR 43144, Sept. 18, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Bulbs.</E> The portion of a plant commonly known as a bulb, bulbil, bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy roots or other underground fleshy growths, a unit of which produces an individual plant.</P> <P> <E T="03">Clean well water.</E> Well water that does not contain plant pathogens or other plant pests.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture for the Plant Protection and Quarantine Programs, or any other officer or employee of the Department to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Disease.</E> The term in addition to its common meaning, includes a disease agent which incites a disease.</P> <P> <E T="03">Earth.</E> The softer matter composing part of the surface of the globe, in distinction from the firm rock, and including the soil and subsoil, as well as <PRTPAGE P="219"/>finely divided rock and other soil formation materials down to the rock layer.</P> <P> <E T="03">Europe.</E> The continent of Europe, the British Isles, Iceland, the Azores, and the islands in the Mediterranean Sea.</P> <P> <E T="03">From.</E> An article is considered to be “from” any country or locality in which it was grown. <E T="03">Provided,</E> That an article imported into Canada from another country or locality shall be considered as being solely from Canada if it meets the following conditions:</P> <P>(a) It is imported into the United States directly from Canada after having been grown for at least 1 year in Canada,</P> <P>(b) It has never been grown in a country from which it would be a prohibited article or grown in a country other than Canada from which it would be subject to conditions of § 319.37-5 (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m) of this subpart, or subject to conditions of § 319.37-6 of this subpart,</P> <P>(c) It was not grown in a country or locality from which it would be subject to conditions of § 319.37-7 of this subpart unless it was grown in Canada under postentry growing conditions equivalent to those specified in § 319.37-7 <SU>3</SU> <FTREF/> of this subpart, and</P> <FTNT> <P> <SU>3</SU> Currently only <E T="03">Chaenomoles</E> spp. (flowering quince), <E T="03">Cydonia</E> spp. (quince), <E T="03">Malus</E> spp. (apple, crabapple); <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and <E T="03">Pyrus</E> spp. (pear) are required under the laws of Canada to be grown in Canada under such equivalent conditions after importation.</P> </FTNT> <P>(d) It was not imported into Canada in growing media.</P> <P> <E T="03">Indexing</E>. A procedure for using plant material or its extracts to determine the presence or absence of one or more pests in or on the tested plant material. For the purposes of this subpart, indexing is performed in foreign countries to test the parent stock of designated articles that must meet special foreign inspection and certification requirements in accordance with § 319.37-5 to be eligible for importation into the United States. The results of indexing tests are used by the plant protection services of foreign countries to issue phytosanitary certificates declaring plant articles free of specified diseases. The following indexing procedures are authorized for use with the specified plant genera, if the procedures are performed using protocols acceptable to the plant protection service that issues phytosanitary certificates based on them: mechanical transmission of the pest to an indicator plant for <E T="03">Dianthus</E>, <E T="03">Malus</E>, <E T="03">Prunus</E>, <E T="03">Rubus</E>, and <E T="03">Syringa;</E> graft transmission of the pest to an indicator plant for <E T="03">Chaenomeles</E>, <E T="03">Cydonia</E>, <E T="03">Malus</E>, <E T="03">Prunus</E>, <E T="03">Pyrus, Rubus,</E> and <E T="03">Syringa;</E> serology for <E T="03">Dianthus</E>, <E T="03">Malus</E>, <E T="03">Prunus</E>, <E T="03">Pyrus</E>, <E T="03">Rubus</E>, and <E T="03">Syringa;</E> electron microscopy for <E T="03">Dianthus</E> and <E T="03">Prunus</E>, and nucleic acid probes for <E T="03">Chaenomeles</E>, <E T="03">Cydonia</E>, <E T="03">Malus</E>, and <E T="03">Pyrus</E>.</P> <P> <E T="03">Inspector.</E> Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the regulations in this subpart.</P> <P> <E T="03">Nursery stock.</E> All field-grown florist's stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.</P> <P> <E T="03">Oceania.</E> The islands of Micronesia, Melanesia, and Polynesia (except Hawaii, Guam, and the Northern Mariana Islands) in the central and southern Pacific Ocean.</P> <P> <E T="03">Person.</E> An individual, corporation, company, society, or association.</P> <P> <E T="03">Phytosanitary certificate of inspection.</E> A document relating to a restricted article, which is issued by a plant protection official of the country in which the restricted article was grown, which is issued not more than 15 days prior to shipment of the restricted article from the country in which grown, which is addressed to the plant protection service of the United States (Plant Protection and Quarantine Programs), which contains a description of the restricted article intended to be imported into the United States, which certifies that the article has been thoroughly inspected, is believed to be free from injurious plant diseases, injurious insect <PRTPAGE P="220"/>pests, and other plant pests, and is otherwise believed to be eligible for importation pursuant to the current phytosanitary laws and regulations of the United States, and which contains any specific additional declarations required under this subpart.</P> <P> <E T="03">Plant pest.</E> The egg, pupal, and larval stages as well as any other living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The organizational unit with the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Quarantine Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Port of first arrival</E>. The land area (such as a seaport, airport, or land border station) where a person, or a land, water, or air vehicle, first arrives after entering the territory of the United States, and where inspection of articles is carried out by inspectors.</P> <P> <E T="03">Potable water.</E> Water which is approved for drinking purposes by the national or local health authority having jurisdiction.</P> <P> <E T="03">Prohibited article.</E> Any nursery stock, plant, root, bulb, seed, or other plant product designated in § 319.37-2 (a) or (b), except wood articles regulated under §§ 319.40-1 through 319.40-11, “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles.”</P> <P> <E T="03">Restricted article.</E> Any class of nursery stock or other class of plant, root, bulb, seed, or other plant product, for or capable of propagation, excluding any prohibited articles listed in § 319.37-2 (a) or (b) of this subpart, excluding any articles subject to any restricted entry orders in 7 CFR part 321 (i.e., potatoes), and excluding any articles regulated in 7 CFR 319.8 through 319.24 or 319.41 through 319.74-7.</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Soil.</E> The loose surface material of the earth in which plants, trees, and shrubs grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.</P> <P> <E T="03">Solanum spp. true seed.</E> Seed produced by flowers of <E T="03">Solanum</E> capable of germinating and producing new <E T="03">Solanum</E> plants, as distinguished from <E T="03">Solanum</E> tubers, whole or cut, that are referred to as <E T="03">Solanum</E> seeds or seed potatoes.</P> <P> <E T="03">Spp. (species).</E> All species, clones, cultivars, strains, varieties, and hybrids, of a genus.</P> <P> <E T="03">State Plant Regulatory Official.</E> The official authorized by the State to sign agreements with Federal agencies involving operations of the State plant protection agency.</P> <P> <E T="03">United States.</E> The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[45 FR 31585, May 13, 1980, as amended at 50 FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR 27674, May 25, 1995; 63 FR 13484, Mar. 20, 1998; 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-2</SECTNO> <SUBJECT>Prohibited articles.</SUBJECT> <P>(a) The following listed articles from the designated countries and localities are prohibited articles and are prohibited from being imported or offered for entry into the United States except as provided in § 319.37-2(c) of this subpart.<PRTPAGE P="221"/> </P> <GPOTABLE CDEF="s75,r144,r204" COLS="3" OPTS="tp0"> <BOXHD> <CHED H="1">Prohibited article (includes seeds only if specifically mentioned)</CHED> <CHED H="1">Foreign places from which prohibited</CHED> <CHED H="1">Plant pests existing in the places named and capable of being transported with the prohibited article</CHED> </BOXHD> <ROW> <ENT I="01"> <E T="03">Abelmoschus</E> spp. (okra)</ENT> <ENT>Africa</ENT> <ENT>Cotton leaf curl agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Brazil</ENT> <ENT>Cotton Anthocyanosis agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bangladesh, India, Sri Lanka</ENT> <ENT>Bhendi yellow vein mosaic agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Ivory Coast, Nigeria</ENT> <ENT>Okra mosaic virus.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Iraq</ENT> <ENT>Okra yellow leaf curl agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Papua New Guinea, Trinidad and Tobago</ENT> <ENT>Okra mosaic agents.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Abies</E> spp. (fir)</ENT> <ENT>All except Canada</ENT> <ENT>50 or more species of rusts including <E T="03">Chrysomyxa abietis</E> (Wallr.) Ung. (a rust causing a serious needle disease); <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Acacia</E> spp. (acacia)</ENT> <ENT>Australia and Oceania</ENT> <ENT> <E T="03">Uromycladium tepperianum</E> (Sacc.) McAlp. (Rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Acer</E> spp. (maple) (except <E T="03">Acer palmatum and Acer japonicum</E> meeting the conditions for importation in § 319.37-5(m)</ENT> <ENT>Japan<LI>Europe, Japan</LI> </ENT> <ENT> <E T="03">Xanthomonas acernea</E> (Ogawa) Burk.<LI>Maple mosaic or variegation diseases.</LI> </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Actinidia</E> spp. (Chinese gooseberry, kiwi).</ENT> <ENT>Japan and Taiwan</ENT> <ENT> <E T="03">Pucciniastrum actinidiae</E> Hiratusuka (Rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Adonidia</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Aesculus</E> spp. (horsechestnut)</ENT> <ENT>Czechoslovakia, Federal Republic of Germany, Romania, United Kingdom</ENT> <ENT>Horsechestnut variegation or yellow mosaic diseases.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Aiphanes</E> spp. (coyure, ruffle, and spine palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Allagoptera arenaria</E> </ENT> <ENT>All</ENT> <ENT>A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Althaea</E> spp. (althaea, hollyhock)</ENT> <ENT>Africa<LI>Bangladesh, India, Sri Lanka</LI> </ENT> <ENT>Cotton leaf curl agent.<LI>Bhendi yellow vein mosaic agent.</LI> </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Arachis</E> spp. (peanut) seed only (all other <E T="03">Arachis</E> articles are included under Fabaceae)</ENT> <ENT>India, Indonesia, Japan, People's Republic of China, Philippines, Taiwan, Thailand</ENT> <ENT>Peanut stripe virus.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Ivory Coast, Senegal, Upper Volta</ENT> <ENT>Peanut clump virus.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>India</ENT> <ENT>Indian peanut clump virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Areca</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Arenga</E> spp. (sugarpalm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Arikuryroba</E> spp. (arikury palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01">Articles listed in § 319.37-2(b)</ENT> <ENT>All except Canada</ENT> <ENT>A diversity of diseases, insects, and other pests, including but not limited to: <E T="03">Cactoblastis cactorum</E> (Berg); <E T="03">Metamasius</E> spp.; <E T="03">Opogona sacchari</E> (Bojer); <E T="03">Chrysomyxa himalensis</E> Barclay (Spruce needle rust); <E T="03">Aecidium mori</E> Barclay (Mulberry rust); <E T="03">Pseudomonas lignicola</E> Westherd. & Buis. (Bacterial stain); <E T="03">Pucciniastrum areolatum</E> (Fr.) Otth. (Cherry-spruce rust).</ENT> </ROW> <ROW> <ENT I="01">Bambuseae (seeds, plants, and cuttings)</ENT> <ENT>All</ENT> <ENT>Various plant diseases, Including bamboo smut (<E T="03">Ustilago shiraiana</E>)</ENT> </ROW> <ROW> <PRTPAGE P="222"/> <ENT I="01"> <E T="03">Berberis</E> spp. (barberry) (plants of all species and horticultural varieties not designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Berberis</E> spp. (barberry) destined to an eradication State listed in § 301.38-2a of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Berberis</E> spp. (barberry) seed</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Blighia sapida (akee)</E> </ENT> <ENT>Nigeria, Ivory Coast</ENT> <ENT>Okra mosaic virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Borassus</E> spp. (palmyra palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Caryota</E> spp. (fishtail palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Castanea</E> spp. (chestnut)</ENT> <ENT>All</ENT> <ENT> <E T="03">Cryphonectria parasitica</E> (Murrill) Barr (chestnut blight); <E T="03">Dryocosmus kuriphilus</E> Yasumatsu (gall wasp).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Cedrus</E> spp. (cedar)</ENT> <ENT>Europe</ENT> <ENT> <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker).<LI> <E T="03">Fusarium fuliginosporum</E> Sibilia (Seedling disease).</LI> </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Chaenomeles</E> spp. (flowering quince) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those listed for <E T="03">Chaenomeles</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Chrysalidocarpus</E> spp. (butterfly palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Chrysanthemum</E> spp. (chrysanthemum)</ENT> <ENT>Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude</ENT> <ENT> <E T="03">Puccinia horiana</E> P. Henn. (white rust of chrysanthemum).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Cocos</E> spp. (other than <E T="03">Cocos nucifera</E>)</ENT> <ENT>All.</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Cocos nucifera</E> (coconut) (including seed) (Coconut seed without husk or without milk may be imported into the United States in accordance with § 319.56)</ENT> <ENT>All except from Jamaica or Costa Rica if meeting the conditions for importation in § 319.37-5(g)</ENT> <ENT>A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Corypha</E> spp.</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Crocosmia</E> spp. (montebretia)</ENT> <ENT>Africa</ENT> <ENT> <E T="03">Puccinia mccleanii</E> Doidge (rust), <E T="03">Uredo gladioli-buettneri</E> Bub. (rust), <E T="03">Uromyces gladioli</E> P. Henn. (rust), <E T="03">U. nyikensis</E> Syd. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Africa, Brazil, France, Italy, Malta, Mauritius, Portugal</ENT> <ENT> <E T="03">U. transversalis</E> (Thuem.) Wint. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Argentina, Uruguay</ENT> <ENT> <E T="03">U. gladioli</E> P. Henn. (rust).</ENT> </ROW> <ROW> <PRTPAGE P="223"/> <ENT I="01"> <E T="03">Cydonia</E> spp. (quince) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those listed for <E T="03">Cydonia</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Datura</E> spp</ENT> <ENT>Colombia</ENT> <ENT>Datura Colombian virus.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>India</ENT> <ENT>Datura distortion or enation mosaic virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Dendranthema</E> spp. (chrysanthemum)</ENT> <ENT>Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude</ENT> <ENT> <E T="03">Puccinia horiana</E> P. Henn. (white rust of chrysanthemum).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Dictyosperma</E> spp. (Princesspalm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Elaeis</E> spp. (oil palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Erianthus</E> spp. (plumegrass)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia melanocephala</E> H. Syd. & P. Syd. (Sugarcane rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Eucalyptus</E> spp. (eucalyptus)</ENT> <ENT>Europe, Sri Lanka, and Uruguay</ENT> <ENT> <E T="03">Pestalotia disseminata</E> Thuem. (parasitic leaf fungus).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Euonymus</E> spp. (euonymus)</ENT> <ENT>Europe, Japan</ENT> <ENT> <E T="03">Euonymus</E> mosaic diseases.</ENT> </ROW> <ROW> <ENT I="01">Fabaceae (=Leguminosae) (herbaceous spp. only)</ENT> <ENT>All except Canada</ENT> <ENT>A diversity of diseases including but not limited to: African soybean dwarf agent, alfalfa enation virus, azuki bean mosaic virus, bean golden mosaic virus, cowpea mild mottle virus, French bean mosaic virus, groundnut chlorotic leaf streak virus, groundnut chlorotic spotting virus, groundnut rosette agents, groundnut witches broom MLO, horsegram yellow mosaic virus, Indonesian soybean dwarf virus, lima bean mosaic virus, lucerne Australian symptomless virus, lucerne vein yellowing virus, mung bean yellow mosaic virus, peanut stripe virus, red clover mottle virus, and soybean dwarf virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Fragaria</E> spp. (strawberry) not meeting the conditions for importation in § 319.37-5(h)</ENT> <ENT>All except Canada</ENT> <ENT> <E T="03">Phytophthora fragariae</E> Hickman (Red stele disease).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Fraxinus</E> spp. (ash)</ENT> <ENT>Europe</ENT> <ENT> <E T="03">Pseudomonas savastanoi</E> var. <E T="03">fraxini</E> (Brown) Dowson (Canker and dwarfing disease of ash).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Gaussia</E> spp. (llumepalm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Gladiolus</E> spp. (gladiolus)</ENT> <ENT>Africa</ENT> <ENT> <E T="03">Puccinia mccleanii</E> Doidge (rust), <E T="03">Uredo gladioli-buettneri</E> Bub. (rust), <E T="03">Uromyces gladioli</E> P. Henn. (rust), <E T="03">U. nyikensis</E> Syd. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Africa, Brazil, France, Italy, Malta, Mauritius, Portugal</ENT> <ENT> <E T="03">U. transversalis</E> (Thuem.) Wint. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Argentina, Uruguay</ENT> <ENT> <E T="03">U. gladioli</E> P. Henn. (rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Gossypium</E> spp. (cotton, cottontree)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: cotton leaf curl virus; cotton virescence agent; small leaf virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Hibiscus</E> spp. (kenaf, hibiscus, rose mallow)</ENT> <ENT>Africa</ENT> <ENT>Cotton leaf curl agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Brazil</ENT> <ENT>Cotton anthocyanosis agent.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>India</ENT> <ENT>Hibiscus leaf curl agent.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Howea</E> spp. (sentry palm) not meeting the conditions in § 319.37-5(n)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Hydragea</E> spp. (hydrangea)</ENT> <ENT>Japan</ENT> <ENT> <E T="03">Aecidium hydrangeae-paniculatea</E> Dietel.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Hyophorbe</E> spp. (palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ipomoea</E> spp. (sweetpotato)</ENT> <ENT>All except Canada</ENT> <ENT>A diversity of diseases including but not limited to: sweetpotato witches broom (little leaf); and sweetpotato viruses of eastern Africa.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Jasminum</E> spp. (jasmine)</ENT> <ENT>Belgium, Federal Republic of Germany, Great Britain</ENT> <ENT>Jasmine variegation diseases.</ENT> </ROW> <ROW> <PRTPAGE P="224"/> <ENT I="22"/> <ENT>India</ENT> <ENT>Chlorotic ringspot, phyllody, yellow ring mosaic diseases.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Philippines</ENT> <ENT>Sampaguita yellow ringspot mosaic diseases.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Juniperus</E> spp. (juniper)</ENT> <ENT>Austria, Finland, and Romania</ENT> <ENT> <E T="03">Stigmina deflectans</E> (Karst) Ellis (Needlecast disease).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Europe</ENT> <ENT> <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Larix</E> spp. (larch)</ENT> <ENT>Provinces of New Brunswick and Nova Scotia in Canada, Europe, and Japan</ENT> <ENT> <E T="03">Lachnellula willkommii</E> (Harteg) Dennis (European larch canker).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Europe</ENT> <ENT> <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker). </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Latania</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Leersia</E> spp. (cutgrass) seed only (all other <E T="03">Leersia</E> articles are included under <E T="03">Poaceae</E>)</ENT> <ENT>All</ENT> <ENT> <E T="03">Xanthomonas campestris</E> pv. <E T="03">oryzae</E> (Ishiyama) Dye.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Lens</E> spp. seed (lentil)</ENT> <ENT>South America</ENT> <ENT> <E T="03">Uromyces viciae-fabae</E> (Pers.) Schroet. (Rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Leptochloa</E> spp. (sprangletop) seed only (all other <E T="03">Leptochloa</E> articles are included under <E T="03">Poaceae)</E> </ENT> <ENT>All</ENT> <ENT> <E T="03">Xanthomonas campestris</E> pv. <E T="03">oryzae</E> (Ishiyama) Dye.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ligustrum</E> spp. (privet)</ENT> <ENT>Europe</ENT> <ENT> <E T="03">Ligustrum</E> mosaic diseases. </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Livistona</E> spp. (fan palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahoberberis</E> spp. (plants of all species and horticultural varieties not designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahoberberis</E> spp. destined to an eradication State listed in § 301.38-2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahoberberis</E> spp. seed</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahonia</E> spp. (mahonia) (plants of all species and horticultural varieties not designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <PRTPAGE P="225"/> <ENT I="01"> <E T="03">Mahonia</E> spp. (mahonia) destined to an eradication State listed in § 301.38-2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahonia</E> spp. seed</ENT> <ENT>All</ENT> <ENT> <E T="03">Puccinia graminis</E> Pers. (Black stem rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Malus</E> spp. (apple, crabapple) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those listed for <E T="03">Malus</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mangifera</E> spp. (mango) seed only</ENT> <ENT>All except North and South America (excluding Barbados, Dominica, French Guiana, Guadeloupe, Martinique, and St. Lucia)</ENT> <ENT> <E T="03">Cryptorhynchus mangiferae</E> F. (mango weevil).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Manihot</E> spp. (cassava)</ENT> <ENT>All except Canada</ENT> <ENT> <E T="01">A diversity of diseases, insects, and other pests including but not limited to:</E> <E T="03">Mononychellus tanajoa</E> (Bondar) (cassava mite); <E T="03">Phenococcus manihotis</E> Matile-Ferrero (cassava mealybug); <E T="03">Xanthomonas manihotis</E> (Arthand-Berthet) Starr (Bacterial blight); Cassava brown streak virus; Cassava latent virus; Cassava African mosaic virus; Cassava common mosaic virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mascarena</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Morus</E> spp. (mulberry)</ENT> <ENT>India, Japan, Korea, People's Republic of China, Thailand, and the geographic area formerly known as the Union of Soviet Socialist Republics</ENT> <ENT>Mulberry dwarf or mulberry mosaic diseases.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Nannorrhops</E> spp. (mazaripalm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Neodypsis</E> spp. (palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Persea</E> spp. (avocado) seed</ENT> <ENT>Central and South America, and Mexico</ENT> <ENT> <E T="03">Heilipus lauri</E> Boh. (Avocado weevil); <E T="03">Stenoma catenifer</E> Wals. (Avocado seed moth); <E T="03">Conotrachelus</E> spp.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Philadelphus</E> spp. (mock orange)</ENT> <ENT>Europe</ENT> <ENT>Elm mottle virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Phoenix</E> spp. (date)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Picea</E> spp. (spruce)</ENT> <ENT>Europe, Japan, and Siberia</ENT> <ENT> <E T="03">Chrysomyxa ledi</E> (Alb. & Schw.) d By var. <E T="03">rhododendri</E> (DC) Savile. (Rhododendron-spruce needle rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Europe.</ENT> <ENT> <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pinus</E> spp. (pine) (2- or 3-leaved)</ENT> <ENT>Europe and Japan</ENT> <ENT>Cronartium flaccidium <E T="01">(Alb. & Schw.) Wint. (Rust causing serious stunting of hard pines.)</E> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Japan.</ENT> <ENT>Gall-forming rust.</ENT> </ROW> <ROW> <PRTPAGE P="226"/> <ENT I="01"> <E T="03">Poaceae</E> (vegetative parts of all grains and grasses, except species of Bambuseae)</ENT> <ENT>All except Canada</ENT> <ENT>A wide diversity of plant diseases, including but not limited to: banana streak virus, barley yellow mosaic virus, barley yellow striate mosaic virus, brome streak mosaic virus, cereal chlorotic mosaic virus, cocksfoot mild mosaic virus, corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle virus, Echinochloa ragged stunt virus, European aster yellows MLO, European wheat striate mosaic virus, Iranian maize mosaic virus, maize bushy stunt MLO, maize chlorotic mottle virus, maize mosaic virus, maize mottle/chlorotic stunt virus, maize rough dwarf virus, maize streak virus, maize stripe virus, northern cereal mosaic virus, oat red streak mosaic virus, oat sterile dwarf virus, rice dwarf virus, rice gall dwarf virus, rice tungro virus, rice wilted stunt virus, rice yellow mottle virus, rice yellow dwarf agent, yellow dwarf agent, sugarcane white leaf MLO, wheat yellow leaf virus, and wheat yellowing stripe bacterium.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Populus</E> spp. (aspen, cottonwood, poplar)</ENT> <ENT>Europe</ENT> <ENT> <E T="03">Xanthomonas populi</E> Ride (Canker).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pritchardia</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those listed for <E T="03">Prunus</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Prunus</E> spp. seed only (almond, apricot, nectarine, peach, plum, and prune, but not species in subgenus <E T="03">Cerasus</E>) not meeting the conditions for importation in § 319.37-5(j)</ENT> <ENT>All</ENT> <ENT>Plum pox (Sharka) virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pseudolarix</E> spp. (golden larch)</ENT> <ENT>Provinces of New Brunswick and Nova Scotia in Canada, Europe, and Japan</ENT> <ENT> <E T="03">Lachnellula willkommii</E> (Harteg) Dennis (European larch canker). </ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pseudotsuga</E> spp. (Douglas fir)</ENT> <ENT>Europe</ENT> <ENT> <E T="03">Phacidiopycnis pseudotsuga</E> (M. Wils.) Hahn (Douglas fir canker).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pyrus</E> spp. (pear) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those listed for <E T="03">Pyrus</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Quercus</E> spp. (oak)</ENT> <ENT>Japan</ENT> <ENT> <E T="03">Stereum hiugense</E> Imazeki (White rot); a gall-forming rust.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ravenea</E> spp. (palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ribes</E> spp. (currant, gooseberry)</ENT> <ENT>Europe and New Zealand</ENT> <ENT>Black currant reversion agent.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Rosa</E> spp. (rose)</ENT> <ENT>Australia, Bulgaria, Italy, and New Zealand</ENT> <ENT>Rose wilt virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Salix</E> spp. (willow)</ENT> <ENT>Federal Republic of Germany (West), German Democratic Republic (East), Great Britain, and The Netherlands</ENT> <ENT> <E T="03">Erwinia salicis</E> (Day) Chester (Watermark disease).</ENT> </ROW> <ROW> <ENT I="01">Seeds of all kinds when in pulp</ENT> <ENT>All except Canada</ENT> <ENT>Fruit flies, or other injurious insects.</ENT> </ROW> <ROW> <PRTPAGE P="227"/> <ENT I="01">Solanum spp. (potato) (tuber bearing species only—Section Tuberarium), including potato tubers</ENT> <ENT>All except Canada (except Newfoundland and that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road).</ENT> <ENT>Andean potato latent virus; Andean potato mottle virus; potato mop top virus; dulcamara mottle virus; tomato blackring virus; tobacco rattle virus; potato virus Y (tobacco veinal necrosis strain); potato purple top wilt agent; potato marginal flavescence agent; potato purple top roll agent; potato witches broom agent; stolbur agent; parastolbur agent; potato leaflet stunt agent; potato spindle tuber viroid; arracacha virus B; potato yellowing virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Solanum</E> spp. true seed (tuber bearing species only—Section Tuberarium)</ENT> <ENT>All except Canada, New Zealand, and the X region of Chile (that area of Chile between 39° and 44° South latitude—see § 319.37-5(o))</ENT> <ENT>Andean potato latent virus, potato virus T, tobacco ringspot virus (Andean potato calico strain); arracacha virus B; potato yellowing virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Sorbus</E> spp. (mountain ash)</ENT> <ENT>Czechoslovakia, Denmark, Federal Republic of Germany</ENT> <ENT>Mountain ash variegation or ringspot mosaic disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Syringa</E> spp. (lilac) not meeting the conditions for importation in § 319.37-5(i)</ENT> <ENT>Europe</ENT> <ENT>Elm mottle virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Theobroma</E> spp. (cacao)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases and pests including but not limited to: cocoa swollen shoot virus, cocoa mottle leaf virus, cocoa yellow mosaic virus, cocoa necrosis virus, <E T="03">Crinipellis perniciosa</E> (Stahel) Singer (witches broom fungus), <E T="03">Monilia roreri—Moniliophthora rorei</E> (CiF.) H.C. Evans <E T="03">et al.</E> (watery pod rot), cocoa isolates of <E T="03">Ceratocystis fimbriata</E> Ellis and Halst (wilts), <E T="03">Trachysphaera fructigena</E> Tabor and Bunting (mealy pod agents of cushy gall disease), <E T="03">Oncobasidum theobromae</E> Talbot and Keane (vascular streak die-back), <E T="03">Xyleborus</E> spp. beetles and <E T="03">Acrocercops cramella</E> (Snellen) (cocoa moth).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Trachycarpus</E> spp. (windmill palm)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ulmus</E> spp. (elm) (including seeds)</ENT> <ENT>Europe</ENT> <ENT>Elm mottle virus.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Veitchia</E> spp</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang disease.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Vitis</E> spp. (grape) not meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>All</ENT> <ENT>A diversity of diseases including but not limited to those specified for <E T="03">Vitis</E> in § 319.37-5(b)(1).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Watsonia</E> spp. (bugle lily)</ENT> <ENT>Africa</ENT> <ENT> <E T="03">Puccinia mccleanii</E> Doidge (rust), <E T="03">Uredo gladioli-buettneri</E> Bub. (rust), <E T="03">Uromyces gladioli</E> P. Henn. (rust), <E T="03">U. nyikensis</E> Syd. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Africa, Brazil, France, Italy, Malta, Mauritius, Portugal</ENT> <ENT> <E T="03">U. transversalis</E> (Thuem.) Wint. (rust).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Argentina, Uruguay</ENT> <ENT> <E T="03">U. gladioli</E> P. Henn. (rust).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Zizania</E> spp. (wild rice) seed only (all other <E T="03">Zizania</E> articles are included under Poaceae)</ENT> <ENT>All except Canada</ENT> <ENT> <E T="03">Xanthomonas campestris</E> pv. <E T="03">oryzae</E> (Ishiyama) Dye.</ENT> </ROW> </GPOTABLE> <PRTPAGE P="228"/> <P>(b) The following listed articles from all foreign places except Canada are prohibited articles and are prohibited from being imported or offered for entry into the United States except as provided in § 319.37-2(c) of this subpart:</P> <P>(1) <E T="03">Rhododendron</E> spp. (rhododendron and azalea) or other genera or species of similar slow growth habit, other than artificially dwarfed trees or shrubs:</P> <P>(i) Exceeding 3 years of age if grown from seeds or cuttings; or</P> <P>(ii) Exceeding 2 years of age after severance from the parent plant if produced by layers; or</P> <P>(iii) Having more than 3 years’ growth from the bud or graft if produced by budding or grafting.</P> <P>(2) Any naturally dwarf or miniature form of tree or shrub exceeding 305 millimeters (approximately 12 inches) in length from the soil line.</P> <P>(3) Herbaceous perennials (except epiphytes) imported in the form of root crowns or clumps exceeding 102 millimeters (approximately 4 inches) in diameter.</P> <P>(4) Stem cuttings without leaves, without roots, without sprouts, and without branches (other than cactus cuttings and cuttings of epiphytes) exceeding 102 millimeters (approximately 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in length; and stem cuttings of epiphytes with or without aerial roots (without leaves, without sprouts, and without branches) exceeding 102 millimeters (approximately 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in length.</P> <P>(5) Cactus cuttings (without roots or branches) exceeding 153 millimeters (approximately 6 inches) in diameter or exceeding 1.22 meters (approximately 4 feet) in length.</P> <P>(6)(i) Plants (other than stem cuttings, cactus cuttings, artificially dwarfed plants such as bonsai, and palms and plants whose growth habits simulate palms) exceeding 460 millimeters (approximately 18 inches) in length from soil line (top of rooting zone for plants produced by air layering) to the farthest terminal growing point and whose growth habits simulate the woody habits of trees and shrubs, including but not limited to cacti, cycads, yuccas, and dracaenas.</P> <P>(ii) Palms and plants whose growth habits simulate palms, that exceed a total length (stem plus leaves) of 915 millimeters (approximately 36 inches) in length.</P> <P>(7) Any tree or shrub of a type not listed above, other than an artificially dwarf tree or shrub, and:</P> <P>(i) Exceeding 2 years of age if grown from seeds or cuttings; or</P> <P>(ii) Exceeding 1 year of age after severance from the parent plant if produced by layers; or</P> <P>(iii) Having more than 2 years’ growth from the bud or graft if produced by budding or grafting.</P> <P>(c) Any article listed as a prohibited article in paragraph (a) or (b) of this section may be imported or offered for entry into the United States if:</P> <P>(1) Imported by the United States Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville, MD 20705 or at a port of entry designated by an asterisk in § 319.37-14(b);</P> <P>(3) Imported pursuant to a Departmental permit issued for such article and kept on file at the port of entry;</P> <P>(4) Imported under conditions specified on the Departmental permit and found by the Deputy Administrator to be adequate to prevent the introduction into the United States of plant pests, i.e., conditions of treatment, processing, growing, shipment, disposal; and</P> <P>(5) Imported with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.</P> <CITA>[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 56 FR 19790, Apr. 30, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, 1995; 62 FR 50238, Sept. 25, 1997; 63 FR 13485, Mar. 20, 1998]</CITA> </SECTION> <SECTION> <PRTPAGE P="229"/> <SECTNO>§ 319.37-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <P>(a) The restricted articles (other than articles for food, analytical, medicinal, or manufacturing purposes) in any of the following categories may be imported or offered for importation into the United States only after issuance of a written permit by the Plant Protection and Quarantine Programs:</P> <P>(1) Articles subject to treatment and other requirements of § 319.37-6;</P> <P>(2) Articles subject to the postentry quarantine conditions of § 319.37-7;</P> <P>(3) Bulbs of <E T="03">Allium sativum</E> spp. (garlic), <E T="03">Crocosmia</E> spp. (montebretia), <E T="03">Gladiolus</E> spp. (gladiolus), and <E T="03">Watsonia</E> spp. (bugle lily) from New Zealand;</P> <P>(4) Articles of <E T="03">Cocos nucifera</E> (coconut); and articles (except seeds) of <E T="03">Dianthus</E> spp. (carnation, sweet-william) from any country or locality except Canada;</P> <P>(5) Lots of 13 or more articles (other than seeds, bulbs, or sterile cultures of orchid plants) from any country or locality except Canada;</P> <P>(6) Seeds of trees or shrubs from any country or locality except Canada;</P> <P>(7) Articles (except seeds) of <E T="03">Malus</E> spp. (apple, crabapple), <E T="03">Pyrus</E> spp. (pear), <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune), <E T="03">Cydonia</E> spp. (quince), <E T="03">Chaenomeles</E> spp. (flowering quince), and <E T="03">Rubus</E> spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry), from Canada;</P> <P>(8) Articles (except seeds) of <E T="03">Castanea</E> spp. (chestnut) or <E T="03">Castanopsis</E> spp. (chinquapin) destined to California or Oregon;</P> <P>(9) Articles (except seeds) of <E T="03">Pinus</E> spp. (pine), (5-leaved) destined to Wisconsin;</P> <P>(10) Articles of <E T="03">Ribes</E> spp. (currant, gooseberry), (including seeds) destined to Massachusetts, New York, West Virginia, or Wisconsin;</P> <P>(11) Articles (except seeds) of <E T="03">Planera</E> spp. (water elm, planer) or <E T="03">Zelkova</E> spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to California, Nevada, or Oregon;</P> <P>(12) Seeds of <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) from Canada and destined to Colorado, Michigan, New York, Washington, or West Virginia;</P> <P>(13) Articles (except seeds) of <E T="03">Vitis</E> spp. (grape) from Canada and destined to California, New York, Ohio, Oregon, and Washington;</P> <P>(14) Articles (except seeds) of <E T="03">Corylus</E> spp. (filbert, hazel, hazelnut, cobnut) from provinces east of Manitoba in Canada and destined to Oregon or Washington;</P> <P>(15) Articles (except seeds) of <E T="03">Pinus</E> spp. (pine) from Canada and destined to California, Idaho, Montana, Oregon, or Utah; and</P> <P>(16) Articles (except seeds) of <E T="03">Ulmus</E> spp. (elm) from Canada and destined to California, Nevada, or Oregon.</P> <P>(17) <E T="03">Solanum tuberosum</E> true seed from New Zealand and the X Region of Chile (that area of Chile between 39° and 44° South latitude—see § 319.37-5(o)).</P> <P>(b) An application for a written permit should be submitted to the Plant Protection and Quarantine Programs (Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236) at least 30 days prior to arrival of the article at the port of entry. The completed application shall include the following information: <SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU> Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236, local offices which are listed in telephone directories.</P> </FTNT> <P>(1) Name, address, and telephone number of the importer;</P> <P>(2) Approximate quantity and kinds (botanical designations) of articles intended to be imported;</P> <P>(3) Country(ies) or locality(ies) where grown;</P> <P>(4) Intended United States port of entry;</P> <P>(5) Means of transportation, e.g., mail, airmail, express, air express, freight, airfreight, or baggage; and</P> <P>(6) Expected date of arrival.</P> <P>(c) A permit indicating the applicable conditions for importation under this subpart will be issued by Plant Protection and Quarantine Programs if, after review of the application, the articles <PRTPAGE P="230"/>are deemed eligible to be imported into the United States under the conditions specified in the permit. However, even if such a permit is issued, the regulated article may be imported only if all applicable requirements of this subpart are met and only if an inspector at the port of entry determines that no remedial measures pursuant to the Plant Protection Act are necessary with respect to the regulated article.<SU>5</SU> <FTREF/> </P> <FTNT> <P> <SU>5</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(d) Any permit which has been issued may be withdrawn by an inspector or the Deputy Administrator if he/she determines that the holder thereof has not complied with any condition for the use of the document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.</P> <P>(e) Any restricted article not designated in paragraph (a) of this section may be imported or offered for importation into the United States only after issuance of an oral permit for importation issued by an inspector at the port of entry.</P> <P>(f) An oral permit for importation of an article shall be issued at a port of entry by an inspector only if all applicable requirements of this subpart are met, such article is eligible to be imported under an oral permit, and an inspector at the port of entry determines that no measures pursuant to section 414 of the Plant Protection Act (7 U.S.C. 7714) are necessary with respect to such article.<SU>5</SU> </P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-4</SECTNO> <SUBJECT>Inspection, treatment, and phytosanitary certificates of inspection.</SUBJECT> <P>(a) <E T="03">Phytosanitary certificates of inspection.</E> Any restricted article offered for importation into the United States must be accompanied by a phytosanitary certificate of inspection or, in the case of greenhouse-grown plants from Canada imported in accordance with paragraph (c) of this section, a certificate of inspection in the form of a label in accordance with paragraph (c)(1)(iv) of this section attached to each carton of the articles and to an airway bill, bill of lading, or delivery ticket accompanying the articles.</P> <P>(b) <E T="03">Inspection and treatment.</E> Any restricted article may be sampled and inspected by an inspector at the port of first arrival and/or under preclearance inspection arrangements in the country in which the article was grown, and must undergo any treatment contained in the Plant Protection and Quarantine Treatment Manual <SU>6</SU> <FTREF/> that is ordered by the inspector. Any restricted article found upon inspection to contain or be contaminated with plant pests, that cannot be eliminated by treatment, shall be denied entry at the first United States port of arrival.</P> <FTNT> <P> <SU>6</SU> The Plant Protection and Quarantine Treatment Manual is incorporated by reference in the Code of Federal Regulations. For further information on the content and availability of this manual, see 7 CFR 300.1, “Materials incorporated by reference.”</P> </FTNT> <P>(c) <E T="03">Greenhouse-grown plants from Canada.</E> A greenhouse-grown restricted plant may be imported from Canada if the Plant Protection Division of Agriculture Canada signs a written agreement with the Animal and Plant Health Inspection Service allowing such importation if the following conditions are met:<PRTPAGE P="231"/> </P> <P>(1) The Plant Protection Division of Agriculture Canada shall:</P> <P>(i) Eliminate individual inspections and phytosanitary certification of each shipment of articles exported in accordance with this section;</P> <P>(ii) Enter into written agreements with, and assign a unique identification number to, each greenhouse grower participating in the greenhouse program;</P> <P>(iii) Inspect greenhouses and the plants being grown in them using inspection methods and schedules approved by Plant Protection and Quarantine to ensure that the criteria of this subsection are met;</P> <P>(iv) Issue labels to each grower participating in the program. The labels issued to each grower shall bear a unique number identifying that grower, and shall bear the following statement: “This shipment of greenhouse-grown plants meets the import requirements of the United States, and is believed to be free from injurious plant pests. Issued by Plant Protection Division, Agriculture Canada.” The Plant Protection Division, Agriculture Canada shall also ensure that the label is placed on the outside of each container of articles exported under the agreement and that the grower's label is placed on an airway bill, bill of lading, or delivery ticket accompanying each shipment of articles; and</P> <P>(v) Ensure that only plants that are not excluded shipment by the criteria of this subsection are shipped.</P> <P>(2) Each greenhouse grower participating in the program shall enter into an agreement with the Plant Protection Division of Agriculture Canada in which the grower agrees to:</P> <P>(i) Maintain records of the kinds and quantities of plants grown in their greenhouses, including the date of receipt and place of origin of the plants, keep the records for at least one year after the plants are shipped to the United States, and make the records available for review and copying upon request by either the Plant Protection Division of Agriculture Canada or an authorized representative of the Secretary of Agriculture.</P> <P>(ii) Apply to the outside of each carton of plants grown in accordance with this subsection, so as to be readily visible to inspectors and customs officials, and to an airway bill, bill of lading, or delivery ticket for plants to be shipped to the United States, a label issued by Agriculture Canada including the identification number assigned to the grower by the Plant Protection Division of Agriculture Canada and the following certification statement: “This shipment of greenhouse grown plants meets the import requirements of the United States, and is believed to be free from injurious plant pests. Issued by Plant Protection Division, Agriculture Canada.”</P> <P>(iii) Apply labels in accordance with paragraph (c)(2)(ii) of this section solely to cartons of plants that meet requirements of this chapter for import of these plants from Canada into the United States; and</P> <P>(iv) Use pest control practices approved by Plant Protection and Quarantine and the Plant Protection Division of Agriculture Canada to exclude pests from the greenhouses.</P> <CITA>[57 FR 43148, Sept. 18, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-5</SECTNO> <SUBJECT>Special foreign inspection and certification requirements.</SUBJECT> <P>(a) Any restricted article (except seeds; unrooted cuttings; articles collected from the wild; and articles solely for food, analytical, or manufacturing purposes) from a country listed below, at the time of arrival at the port of first arrival in the United States shall be accompanied by a phytosanitary certificate of inspection which shall contain an accurate additional declaration that such article was grown on land which has been sampled and microscopically inspected by the plant protection service of the country in which grown within 12 months preceding issuance of the certificate and found free from potato cyst nematodes, <E T="03">Globodera rostochiensis</E> (Woll.) Behrens and <E T="03">G. pallida</E> (Stone) Behrens: </P> <EXTRACT> <P>Algeria, Argentina, Australia, Austria, Azores, Belgium, Bolivia, Bulgaria, Canada (only that portion comprising Newfoundland, and the Land District of South Saanich on Vancouver Island in British Columbia), Channel Islands, Chile, Colombia, Costa Rica, Crete, Cyprus, Czechoslovakia, Denmark (including Faeroe Islands), Ecuador, Egypt, Federal Republic of Germany (West), <PRTPAGE P="232"/>Finland, France, German Democratic Republic (East), Great Britain, Greece, Guernsey, Hungary, Iceland, India, Ireland, Italy, Japan, Jersey, Jordan, Lebanon, Luxembourg, Malta, Mexico, Morocco, The Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal, South Africa, Spain (including Canary Islands), Sweden, Switzerland, Tunisia, Union of Soviet Socialist Republics, Venezuela, and Yugoslavia.</P> </EXTRACT> <P>(b) (1) Any of the following restricted articles (except seeds) at the time of arrival at the port of first arrival in the United States must be accompanied by a phytosanitary certificate of inspection which contains an additional declaration that the article was grown in a nursery in Belgium, Canada, Federal Republic of Germany, France, Great Britain, or The Netherlands and that the article was found by the plant protection service of the country in which the article was grown to be free of the following injurious plant diseases listed in paragraph (b)(3) of this section: For <E T="03">Chaenomeles</E> spp. (flowering quince) and <E T="03">Cydonia</E> spp. (quince), diseases (i), (ii), (iv), (xviii), (xix), (xx), and (xxi); for <E T="03">Malus</E> spp. (apple, crabapple), diseases (i), (ii), (iii), (vi), (vii), (xxii), and (xxiii); for <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune), diseases (i), (ix) through (xvii), and (xxii); and for <E T="03">Pyrus</E> spp. (pear), diseases (i), (ii), (iv), (v), (xviii), (xix), (xx), (xxi) and (xxii); and for <E T="03">Vitis</E> spp. (grape) from Canada, diseases (xiv) through (xvii) and (xxiv) through (xliii). The determination by the plant protection service that the article is free of these diseases will be based on visual examination and indexing of the parent stock of the article and inspection of the nursery where the restricted article is grown to determine that the nursery is free of the specified diseases. An accurate additional declaration on the phytosanitary certificate of inspection by the plant protection service that a disease does not occur in the country in which the article was grown may be used in lieu of visual examination and indexing of the parent stock for that disease and inspection of the nursery.</P> <P>(2) Species of Prunus not immune to plum pox virus (species other than <E T="03">P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana</E>) and grown in Belgium, France, Germany, Great Britain, or The Netherlands shall be certified only from the government operated nurseries (research stations) where the certified plants were grown and the original parent stock is indexed for the appropriate national fruit tree certification program.</P> <P>(3) List of diseases.</P> <P>(i) <E T="03">Monilinia fructigena</E> (Aderh. & Ruhl.) Honey (Brown rot of fruit).</P> <P>(ii) <E T="03">Guignardia piricola</E> (Nose) Yamomoto (Leaf, branch, and fruit disease).</P> <P>(iii) Apple proliferation agent.</P> <P>(iv) Pear blister canker virus.</P> <P>(v) Pear bud drop virus.</P> <P>(vi) <E T="03">Diaporthe mali</E> Bres. (Leaf, branch & fruit fungus).</P> <P>(vii) Apple green crinkle virus.</P> <P>(viii) Apple chat fruit virus.</P> <P>(ix) Plum pox (=Sharka) virus.</P> <P>(x) Cherry leaf roll virus.</P> <P>(xi) Cherry rusty mottle (European) agent.</P> <P>(xii) Apricot chlorotic leaf roll agent.</P> <P>(xiii) Plum bark split virus.</P> <P>(xiv) Arabis mosaic virus and its strains.</P> <P>(xv) Raspberry ringspot virus and its strains.</P> <P>(xvi) Tomato blackring virus and its strains.</P> <P>(xvii) Strawberry latent ringspot virus and its strains.</P> <P>(xviii) Quince sooty ringspot agent.</P> <P>(xix) Quince yellow blotch agent.</P> <P>(xx) Quince stunt agent.</P> <P>(xxi) <E T="03">Gymnosporangium asiaticum</E> Miyabe ex. Yamada (Rust).</P> <P>(xxii)<E T="03">Valsa mali</E> Miyabe and Yamada ex. Miura (Branch canker fungus).</P> <P>(xxiii) Apple ringspot virus.</P> <P>(xxiv) The following nematode transmitted viruses of the polyhedral type: Artichoke Italian latent virus, Grapevine Bulgarian latent virus, Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic virus.</P> <P>(xxv) Grapevine asteroid mosaic agent.</P> <P>(xxvi) Grapevine Bratislava mosaic virus.</P> <P>(xxvii) Grapevine chasselas latent agent.<PRTPAGE P="233"/> </P> <P>(xxviii) Grapevine corky bark “Legno riccio” agent.</P> <P>(xxix) Grapevine leaf roll agent.</P> <P>(xxx) Grapevine little leaf agent.</P> <P>(xxxi) Grapevine stem pitting agent.</P> <P>(xxxii) Grapevine vein mosaic agent.</P> <P>(xxxiii) Grapevine vein necrosis agent.</P> <P>(xxxiv) Flavescence-doree agent.</P> <P>(xxxv) Black wood agent (bois-noir).</P> <P>(xxxvi) Grapevine infectious necrosis bacterium.</P> <P>(xxxvii) Grapevine yellows disease bacterium.</P> <P>(xxxviii) <E T="03">Xanthomonas ampelina</E> Panagopoulas.</P> <P>(xxxix) <E T="03">Peyronellaea glomerata</E> Ciferri.</P> <P>(xl) <E T="03">Pseudopeziza tracheiphila</E> Muller-Thur-gau.</P> <P>(xli) <E T="03">Rhacodiella vitis</E> Sterenberg.</P> <P>(xlii) <E T="03">Rosellinia necratrix</E> Prill.</P> <P>(xliii) <E T="03">Septoria melanosa</E> (Vialla and Ravav) Elenk.</P> <P>(c) Any restricted article (except seeds) of <E T="03">Chrysanthemum</E> spp. (chrysanthemum) or <E T="03">Dendranthema</E> spp. (chrysanthemum) from any foreign place except Europe, Argentina, Brazil, Canada, Canary Islands, Chile, Colombia, Republic of South Africa, Uruguay, Venezuela, and all countries and localities located in part or entirely between 90° and 180° East longitude shall at the time of arrival at the port of first arrival in United States be accompanied by a phytosanitary certificate of inspection containing an accurate additional declaration that such articles was grown in a greenhouse nursery and found by the plant protection service of the country in which grown to be free from white rust disease (caused by the rust fungus, <E T="03">Puccinia horiana</E> P. Henn.) based on visual examination of the parent stock, of the articles for importation, and of the greenhouse nursery in which the articles for importation and the parent stock are grown, once a month for 4 consecutive months immediately prior to importation.</P> <P>(d) Any restricted article (except seeds) of <E T="03">Dianthus</E> spp. (carnation, sweet-william) from Great Britain shall be grown under postentry quarantine conditions specified in § 319.37-7(c) unless at the time of arrival at the port of first arrival in the United States the phytosanitary certificate of inspection accompanying such article contains an accurate additional declaration that such article was grown in a greenhouse nursery in Great Britain and found by the plant protection service of Great Britain to be free from injurious plant diseases caused by <E T="03">Phialophora cinerescens</E> (Wr.) van Beyma (=<E T="03">Verticillium cinerescens</E> Wr.), carnation etched ring virus, carnation “streak” virus, and carnation “fleck” virus, based on visual examination of the parent stock, of the articles for importation, and of the greenhouse nursery in which the articles for importation and the parent stock are grown, once a month for 4 consecutive months immediately prior to importation, and based on indexing of the parent stock.</P> <P>(e) Any restricted article (except seeds) of <E T="03">Rubus</E> spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry) from Canada, shall be grown under postentry quarantine conditions specified in § 319.37-7 unless at the time of arrival at the port of first arrival in the United States the phytosanitary certificate of inspection accompanying such article contains an accurate additional declaration that such article was found by the plant protection service of Canada to be free of <E T="03">Rubus</E> stunt agent based on visual examination and indexing of the parent stock.<SU>7</SU> <FTREF/> </P> <FTNT> <P> <SU>7</SU> Such testing is done under a Raspberry Plant Certification Program of Canada.</P> </FTNT> <P>(f) Any restricted article (except seeds) of <E T="03">Rubus</E> spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry) from Europe at the time of arrival at the port of first arrival in the United States shall be accompanied by a phytosanitary certificate of inspection which shall contain an accurate additional declaration that such article was found by the plant protection service of the country of origin to be free of <E T="03">Rubus</E> stunt agent based on visual examination and indexing of the parent stock.</P> <P>(g) Any seed of <E T="03">Cocos nucifera</E> (coconut) at the time of arrival at the port of first arrival in the United States shall be accompanied by a phytosanitary certificate of inspection which shall contain an accurate additional declaration that such seed was found by the plant protection service of <PRTPAGE P="234"/>Costa Rica or of Jamacia to be of Malayan dwarf variety or Maypan variety (=F<E T="22">1</E> hybrid, Malayan Dwarf x Panama Tall) (which are resistant to lethal yellowing disease) based on visual examination of the parent stock.</P> <P>(h) Any restricted article of <E T="03">Fragaria</E> spp. (strawberry) from Israel is prohibited as specified in § 319.37-2(a) unless at the time of arrival at the port of first arrival in the United States the phytosanitary certificate accompanying the article of <E T="03">Fragaria</E> spp. contains an additional declaration that stipulates that the parent stock was found free of red stele disease pathogen as well as any other damaging strawberry pathogens, based on visual inspection and indexing.</P> <P>(i) Any restricted article of <E T="03">Syringa</E> spp. (lilac) from the Netherlands is prohibited as specified in § 319.37-2(a) unless at the time of arrival at the port of first arrival in the United States the phytosanitary certificate accompanying the article of <E T="03">Syringa</E> spp. (lilac) contains an accurate additional declaration that stipulates that the parent stock was found free of plant diseases by inspection and indexing and that the <E T="03">Syringa</E> spp. (lilac) to be imported were propagated either by rooting cuttings from indexed parent plants or by grafting indexed parent plant material on seedling rootstocks, and were grown in fumigated soil (fumigated by applying 400 to 870 pounds of methyl bromide per acre and covering the soil with a tarpaulin for 7 days) in a field at least three meters from the nearest non-indexed <E T="03">Syringa</E> spp. (lilac).</P> <P>(j)(1) Seeds of <E T="03">Prunus</E> spp. (almond, apricot, nectarine, peach, plum, and prune, but not species in the subgenus <E T="03">Cerasus</E>) from Belgium, France, Federal Republic of Germany, The Netherlands, or Great Britain shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection, containing accurate additional declarations that:</P> <P>(i) The seeds are from parent stock grown in a nursery in Belgium, France, Federal Republic of Germany, The Netherlands, or Great Britain that is free of plum pox (Sharka) virus; and</P> <P>(ii) The seeds have been found by the plant protection service of the country in which grown to be free of plum pox (Sharka) virus based on the testing of parent stock by visual examination and indexing.</P> <P>(2) Seeds of <E T="03">Prunus</E> spp. (almond, apricot, nectarine, peach, plum, and prune, but not species in the subgenus <E T="03">Cerasus</E>), from all countries except those in Europe, Cyprus, Syria, and Turkey shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection, containing an accurate additional declaration that plum pox (Sharka) virus does not occur in the country in which the seeds were grown.</P> <P>(k) Any restricted article of <E T="03">Feijoa</E> (feijoa, pineapple guava) from New Zealand shall undergo postentry quarantine in accordance with § 319.37-7 unless the article, at the time of arrival at the port of first arrival in the United States, is accompanied by a phytosanitary certificate of inspection, containing an accurate additional declaration that New Zealand is free of <E T="03">Monilinia fructigena.</E> </P> <P>(l) Any restricted article of <E T="03">Gladiolus, Watsonia</E> or <E T="03">Crocosmia</E> spp. from Luxembourg or Spain shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection, containing accurate additional declarations that:</P> <P>(1) The plants were grown in a disease free environment in a greenhouse;</P> <P>(2) The plants were subjected to 12 hours of continuous misting per day with water at 15-20 degrees Celsius on 2 consecutive days; and</P> <P>(3) The plants were inspected by a plant quarantine official of the country where grown 20 days after the completion of the misting and were found free of gladiolus rust.</P> <P>(m) Any restricted article of <E T="03">Acer palmatum</E> or <E T="03">Acer japonicum</E> from the Netherlands is prohibited unless the article is accompanied, at the time of arrival at the port of first arrival in the United States, by a phytosanitary certificate of inspection, containing an accurate additional declaration that the article is of a nonvariegated variety of <E T="03">A. palmatum</E> or <E T="03">A. japonicum.</E> <PRTPAGE P="235"/> </P> <P>(n) Any restricted article of <E T="03">Howea</E> spp. (sentry palm) from Australia or New Zealand, is prohibited as specified in § 319.37-2(a) unless at the time of arrival at the port of first arrival in the United States the phytosanitary certificate accompanying the article of <E T="03">Howea</E> spp. contains both a declaration of origin and a declaration stipulating that the <E T="03">Howea</E> is free of the lethal yellowing pathogen and the cadang-cadang pathogen, as well as any other damaging palm pathogens, based on visual inspection.</P> <P>(o) Any <E T="03">Solanum tuberosum</E> true seed imported from Chile shall, at the time of arrival at the port of first arrival in the United States, be accompanied by a phytosanitary certificate of inspection issued in Chile by the Servicio Agricola y Ganadero (SAG), containing additional declarations that:</P> <P>(1) The <E T="03">Solanum</E> spp. true seed was produced by <E T="03">Solanum</E> plants that were propagated from plantlets from the United States;</P> <P>(2) The <E T="03">Solanum</E> plants that produced the <E T="03">Solanum tuberosum</E> true seed were grown in the Tenth (X) Region of Chile (that area of the country between 39° and 44° South latitude); and</P> <P>(3) <E T="03">Solanum tuberosum</E> tubers, plants, and true seed from each field in which the <E T="03">Solanum</E> plants that produced the <E T="03">Solanum tuberosum</E> true seed were grown have been sampled by SAG once per growing season at a rate to detect 1 percent contamination with a 99 percent confidence level (500 tubers/500 plants/500 true seeds per 1 hectare/2.5 acres), and that the samples have been analyzed by SAG using an enzyme-linked immunosorbent assay (ELISA) test or nucleic acid spot hybridization (NASH) non-reagent test, with negative results, for Andean Potato Latent Virus, Arracacha Virus B, Potato Virus T, the Andean Potato Calico Strain of Tobacco Ringspot Virus, and Potato Yellowing Virus.</P> <P>(p) In addition to meeting the requirements of this subpart, any trees with roots and any shrubs with roots and persistent woody stems, unless greenhouse-grown throughout the year, that are imported from Canada will be subject to the inspection and certification requirements for gypsy moth in § 319.77-4 of this part.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-6</SECTNO> <SUBJECT>Specific treatment and other requirements.</SUBJECT> <P>(a) Seeds of <E T="03">Hibiscus</E> spp. (hibiscus, rose mallow) and seeds of <E T="03">Abelmoschus</E> spp. (okra), from any foreign country or locality, at the time of importation into the United States, shall be treated for possible infestation with <E T="03">Pectinophora gossypiella</E> (Saunders) (pink bollworm) in accordance with the applicable provisions of the Plant Protection and Quarantine Treatment Manual.<SU>8</SU> <FTREF/> </P> <FTNT> <P> <SU>8</SU> See footnote 6 in § 319.37-4.</P> </FTNT> <P>(b) Seeds of <E T="03">Lathyrus</E> spp. (sweet pea, peavine); <E T="03">Lens</E> spp. (lentil); and <E T="03">Vicia</E> spp. (fava bean, vetch) from countries and localities other than those in North America and Central America, at the time of importation into the United States, shall be treated for possible infestation with insects of the family Bruchidae in accordance with the applicable provisions of the Plant Protection and Quarantine Treatment Manual.</P> <P>(c) Bulbs of <E T="03">Allium sativum</E> (garlic) from Algeria, Austria, Czechoslovakia, Egypt, France, Greece, Hungary, Iran, Israel, Italy, Morocco, Portugal, Republic of South Africa, Spain, Switzerland, Syria, Turkey, Union of Soviet Socialist Republics, Federal Republic of Germany (West), or Yugoslavia at the time of importation into the United States shall be treated for possible infestation with <E T="03">Brachycerus</E> spp. and <E T="03">Dyspessa ulula</E> (Bkh.) in accordance with the applicable provisions of the Plant Protection and Quarantine Treatment Manual.</P> <P>(d) Seeds of <E T="03">Guizotia abyssinica</E> (niger seed) from any foreign place, at the time of arrival at the port of first arrival, shall be heat treated for possible <PRTPAGE P="236"/>infestation with <E T="03">Cuscuta</E> spp. in accordance with the applicable provisions of the Plant Protection and Quarantine Treatment Manual.</P> <P>(e) Seeds of all species of the plant family <E T="03">Rutaceae</E> from Afghanistan, Andaman Islands, Argentina, Bangladesh, Brazil, Burma, Caroline Islands, Comoro Islands, Fiji Islands, Home Island in Cocos (Keeling) Islands, Hong Kong, India, Indonesia, Ivory Coast, Japan, Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Nepal, Oman, Pakistan, Papua New Guinea, Paraguay, Peoples Republic of China, Philippines, Reunion Island, Rodriquez Islands, Ryukyu Islands, Saudi Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thursday Island, United Arab Emirates, Uruguay, Vietnam, Yemen (Sanaa), and Zaire, at the time of arrival at the port of first arrival in the United States shall be treated for possible infection with citrus canker by being immersed in water at 125 °F (51.6 °C) or higher for 10 minutes, and then immersed for a period of at least 2 minutes in a solution containing 200 parts per million sodium hypochlorite at a pH of 6.0 to 7.5.</P> <P>(f) Seeds of <E T="03">Castanea</E> and <E T="03">Quercus</E> from all countries except Canada and Mexico at the time of arrival at the port of first arrival in the United States shall be treated for possible infestation with <E T="03">Curculio elephas</E> (Cyllenhal), <E T="03">C. nucum</E> L., <E T="03">Cydia</E> (<E T="03">Laspeyresia</E>) <E T="03">splendana</E> Hubner, <E T="03">Pammene fusciana</E> L. (<E T="03">Hemimene juliana</E> (Curtis)) and other insect pests of chestnut and acorn in accordance with the applicable provisions of the Plant Protection and Quarantine Treatment Manual.</P> <CITA>[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 FR 49504, July 25, 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-7</SECTNO> <SUBJECT>Postentry quarantine.</SUBJECT> <P>(a) The following restricted articles, from the designated countries and localities, and any increase therefrom must be grown under postentry quarantine conditions specified in paragraphs (c) and (d) of this section, and may be imported or offered for importation into the United States only:</P> <P>(1) If destined for a State that has completed a State postentry quarantine agreement in accordance with paragraph (c) of this section;</P> <P>(2) If a postentry quarantine growing agreement has been completed and submitted to Plant Protection and Quarantine in accordance with paragraph (d) of this section. The agreement must be signed by the person (the importer) applying for a written permit for importation of the article in accordance with § 319.37-3; and,</P> <P>(3) If Plant Protection and Quarantine has determined that the completed postentry quarantine growing agreement fulfills the applicable requirements of this section and that services by State inspectors are available to monitor and enforce the postentry quarantine: </P> <GPOTABLE CDEF="s50,r78" COLS="2" OPTS="tp0"> <BOXHD> <CHED H="1"> <E T="03">Restricted Article (excluding seeds)</E> </CHED> <CHED H="1"> <E T="03">Foreign Country(ies) or Locality(ies) from which imported</E> </CHED> </BOXHD> <ROW> <ENT I="01"> <E T="03">Abelmoschus</E> spp. (okra)</ENT> <ENT>All except Africa, Bangladesh, Brazil, Canada, India, Iraq, Papua New Guinea, Sri Lanka, and Trinidad and Tobago.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Acacia</E> spp. (acacia)</ENT> <ENT>All except Australia, Canada, and Oceania.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Acer</E> spp. (maple)</ENT> <ENT>All except Canada, Europe, and Japan.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Actinidia</E> spp. (Chinese gooseberry, kiwi)</ENT> <ENT>All except Australia, Canada, Japan, New Zealand, and Taiwan.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Aesculus</E> spp. (horsechestnut)</ENT> <ENT>All except Canada, Czechoslovakia, Federal Republic of Germany, Romania, and the United Kingdom.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Althaea</E> spp. (althaea, hollyhock)</ENT> <ENT>All except Africa, Bangladesh, Canada, India, and Sri Lanka.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Berberis</E> spp. (barberry) destined to any State except the eradication States listed in § 301.38-2a of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Blighia sapida</E> (akee)</ENT> <ENT>All except Canada, Ivory Coast, and Nigeria.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Bromeliaceae</E> (bromeliads) destined to Hawaii</ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Cedrus</E> spp. (cedar)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Chaenomeles</E> spp. (flowering quince) meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <PRTPAGE P="237"/> <ENT I="01"> <E T="03">Chrysanthemum</E> spp. (chrysanthemum) meeting the conditions in § 319.37-5(c)</ENT> <ENT>All except Argentina, Brazil, Canada, Canary Islands, Chile, Colombia, Europe, Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Crataegus monogyna</E> Jacq. (hawthorne, thorneapple, red haw)</ENT> <ENT>Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Crocosmia</E> spp. (montebretia) (except bulbs) not meeting the conditions for importation in § 319.37-5(l)</ENT> <ENT>All except Africa, Argentina, Brazil, Canada, France, Italy, Luxembourg, Malta, Mauritius, Portugal, Spain, and Uruguay.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Cydonia</E> spp. (quince) meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Datura</E> spp.</ENT> <ENT>All except Canada, Colombia and India.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Dendranthema</E> spp. (chrysanthemum) meeting the conditions in § 319.37-5(c)</ENT> <ENT>All except Argentina, Brazil, Canada, Canary Islands, Chile, Colombia, Europe, Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90° and 180° East longitude.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Dianthus</E> spp. (carnation, sweet-william)</ENT> <ENT>Great Britain, unless exempted from postentry quarantine conditions pursuant to § 319.37-5(d), and all other countries and localities except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Eucalyptus</E> spp</ENT> <ENT>All except Canada, Europe, Sri Lanka, and Uruguay.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Euonymus</E> spp. (euonymus)</ENT> <ENT>All except Canada, Japan, and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Fragaria</E> spp. (strawberry)</ENT> <ENT>All except Australia, Austria, Canada, Czechoslovakia, France, Great Britain, Italy, Japan, Lebanon, The Netherlands, New Zealand, Northern Ireland, Republic of Ireland, Switzerland, and Union of Soviet Socialist Republics.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Fraxinus</E> spp (ash)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01">Fruit and nut articles listed by common name in paragraph (b) of this section</ENT> <ENT>All except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Gladiolus</E> spp. (gladiolus) (except bulbs) not meeting the condition for importation in § 319.37-5(l)</ENT> <ENT>All except Africa, Argentina, Brazil, Canada, France, Italy, Luxembourg, Malta, Mauritius, Portugal, Spain, and Uruguay.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Hibiscus</E> spp. (kenaf, hibiscus, rose mallow)</ENT> <ENT>All except Africa, Brazil, Canada, and India.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Humulus</E> spp. (hops)</ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Hydrangea</E> spp. (hydrangea)</ENT> <ENT>All except Canada and Japan.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Jasminum</E> spp. (jasmine)</ENT> <ENT>All except Canada, Belgium, Federal Republic of Germany, Great Britain, India, and the Philippines.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Juniperus</E> spp. (juniper)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Larix</E> spp. (larch)</ENT> <ENT>All except Canada, Japan, and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ligustrum</E> spp. (privet)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahoberberis</E> spp. destined to any State except the eradication States listed in § 301.38-2a of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mahonia</E> spp. (mahonia) destined to any State except the eradication States listed in § 301.38-2a of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § 301.38-1 of this chapter)</ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Malus</E> spp. (apple, crabapple) meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Mespilus germanica</E> (medlar)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Morus</E> spp. (mulberry)</ENT> <ENT>All except Canada, India, Japan, Korea, People's Republic of China, Thailand, and the geographic area formerly known as the Union of Soviet Socialist Republics.</ENT> </ROW> <ROW> <ENT I="01">Nut and fruit articles (see fruit and nut articles)</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Passiflora</E> spp. (passion fruit, granadilla)</ENT> <ENT>All except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Philadelphus</E> spp. (mock orange)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Picea</E> spp. (spruce)</ENT> <ENT>All except Canada, Europe, Japan, and Siberia.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pinus</E> spp. (pine) (2-or-3 leaved)</ENT> <ENT>All except Canada, Europe, and Japan.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Populus</E> spp. (aspen, cottonwood, poplar)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Prunus</E> spp. (almond, apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pseudolarix</E> spp. (golden larch)</ENT> <ENT>All except Canada, Japan, and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pseudotsuga</E> spp. (Douglas fir)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Pyrus</E> spp. (pear) meeting the conditions for importation in § 319.37-5(b)</ENT> <ENT>Countries listed in § 319.37-5(b) except Canada.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Quercus</E> spp. (oak)</ENT> <ENT>All except Canada and Japan.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ribes</E> spp. (currant, gooseberry)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <PRTPAGE P="238"/> <ENT I="01"> <E T="03">Rosa</E> spp. (rose)</ENT> <ENT>All except Australia, Bulgaria, Canada, Italy, and New Zealand.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Rubus</E> spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry)</ENT> <ENT>All unless exempted from postentry quarantine conditions pursuant to § 319.37-5(e).</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Salix</E> spp. (willow)</ENT> <ENT>Europe except Federal Republic of Germany (West), German Democratic Republic (East), Great Britain, and The Netherlands.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Sorbus</E> spp. (mountain ash)</ENT> <ENT>All except Canada, Czechoslovakia, Denmark, and Federal Republic of Germany.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Syringa</E> spp. (lilac)</ENT> <ENT>The Netherlands, if the articles meet the conditions for importation in § 319.37-5(i), and all other places except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Ulmus</E> spp. (elm)</ENT> <ENT>All except Canada and Europe.</ENT> </ROW> <ROW> <ENT I="01"> <E T="03">Watsonia</E> spp. (bugle lily) (except bulbs) not meeting the conditions for importation in § 319.37-5(l)</ENT> <ENT>All except Africa, Argentina, Brazil, Canada, France, Italy, Luxembourg, Malta, Mauritius, Portugal, Spain, and Uruguay.</ENT> </ROW> </GPOTABLE> <P>(b) <E T="03">Fruit and nut articles</E> (common names are listed after scientific names). </P> <EXTRACT> <P> <E T="03">Achras—</E>(Synonym for <E T="03">Manilkara</E>)</P> <P> <E T="03">Annona—</E> custard apple, cherimoya, sweetsop, sugarapple, soursop, bullock's heart, alligator apple, suncoya, ilama, guanabana, pond apple</P> <P> <E T="03">Anacardium—</E> cashew</P> <P> <E T="03">Artocarpus—</E> breadfruit, jackfruit</P> <P> <E T="03">Averrhoa—</E> carambola</P> <P> <E T="03">Carica—</E> papaya, pawpaw</P> <P> <E T="03">Carissa—</E> natal plum</P> <P> <E T="03">Ceratonia—</E> St. Johnsbread</P> <P> <E T="03">Chrysobalanus—</E> coco plum</P> <P> <E T="03">Chrysophyllum—</E> starapple</P> <P> <E T="03">Corylus—</E> filbert, hazel, hazelnut, cobnut</P> <P> <E T="03">Crataegus—</E> hawthorne</P> <P> <E T="03">Diospyros—</E> persimmon, kaki, mabola</P> <P> <E T="03">Durio—</E> durian</P> <P> <E T="03">Eriobotrya—</E> loquat, Japanese medlar, Japanese plum</P> <P> <E T="03">Euphoria—</E> longan</P> <P> <E T="03">Eugenia—</E> roseapple, Malayapple, Curacaoapple</P> <P> <E T="03">Feijoa—</E> feijoa, pineapple guava (except from New Zealand if accompanied by a phytosanitary certificate of inspection in accordance with § 319.37-5(k))</P> <P> <E T="03">Ficus—</E> fig</P> <P> <E T="03">Garcinia—</E> mangosteen, gourka</P> <P> <E T="03">Juglans—</E> walnut, butternut, heartnut, regranut, buartnut</P> <P> <E T="03">Lansium—</E> langsat</P> <P> <E T="03">Litchi—</E> lychee, leechee</P> <P> <E T="03">Macadamia—</E> macadamia nut, queensland nut</P> <P> <E T="03">Malpighia—</E> Barbados cherry</P> <P> <E T="03">Mammea—</E> mammeapple, mamey</P> <P> <E T="03">Mangifera—</E> mango</P> <P> <E T="03">Manilkara—</E> sapodilla</P> <P> <E T="03">Melicoccus—</E> honeyberry, mamoncilla, spanish lime, genip</P> <P> <E T="03">Nephelium—</E> rambutan, pulasan</P> <P> <E T="03">Olea—</E> olive</P> <P> <E T="03">Persea—</E> avocado, alligator pear</P> <P> <E T="03">Phoenix—</E> date</P> <P> <E T="03">Phyllanthus—</E> otaheite-gooseberry</P> <P> <E T="03">Pistacia—</E> pistachio</P> <P> <E T="03">Psidium—</E> guava, guayala</P> <P> <E T="03">Punica—</E> pomegranate, granada</P> <P> <E T="03">Pyronia—</E> quinpear</P> <P> <E T="03">Rhodomyrtus—</E> hill gooseberry, rose myrtle</P> <P> <E T="03">Spondias—</E> yellow mombin, red mombin, hog plum</P> <P> <E T="03">Syzygium—</E> Malayapple, rose apple, java plum</P> <P> <E T="03">Vaccinium—</E> blueberry, cranberry</P> <P> <E T="03">Ziziphus—</E> jujube</P> </EXTRACT> <P>(c) <E T="03">State Postentry quarantine agreement.</E> (1) Articles required to undergo postentry quarantine in accordance with this section may only be imported if destined for postentry quarantine growing in a State which has entered into a written agreement with the Animal and Plant Health Inspection Service, signed by the Administrator or his or her designee and by the State Plant Regulatory Official. In accordance with the laws of individual States, inspection and other postentry quarantine services provided by a State may be subject to charges imposed by the State.</P> <P>(i) The following States have entered into a postentry quarantine agreement in accordance with this paragraph:</P> <P>[Reserved]</P> <P>(2) In any such written agreement, the State shall agree to:</P> <P>(i) Establish State regulations and requirements prior to the effective date of the agreement and enforce such regulations and requirements necessary to inspect sites and plants growing in postentry quarantine and to monitor and enforce compliance with postentry quarantine growing in accordance with this section;</P> <P>(ii) Review pending permit applications for articles to be grown under postentry quarantine conditions in the State, upon request of Plant Protection and Quarantine, and report to the Postentry Quarantine Unit of Plant Protection and Quarantine whether the State would be able to provide inspection and monitoring services for the proposed postentry quarantine;</P> <P>(iii) Provide the services of State inspectors to: inspect sites to be used for <PRTPAGE P="239"/>postentry quarantine; report to the Postentry Quarantine Unit of Plant Protection and Quarantine whether the site is of adequate size to contain the number of plants proposed for importation, including potential increase if increase is allowed; inspect plants for evidence of exotic pests at least once during the first year and once during the second year for plants required to be grown in postentry quarantine for 2 years, and at least once for plants required to be grown in quarantine for less than 2 years; and monitor and enforce compliance with the requirements of this section during the use of the sites for postentry quarantine;</P> <P>(iv) Report to the Postentry Quarantine Unit of Plant Protection and Quarantine any evidence of plant pests that are now know to exist in the United States and that are found at a postentry quarantine site by State inspectors; recommend to Plant Protection and Quarantine safeguards or mitigation measures to control the pests; and supervise the application of safeguards or mitigation measures approved by Plant Protection and Quarantine; and</P> <P>(v) Report to the Postentry Quarantine Unit of Plant Protection and Quarantine any propagation or increase in the number of plants that occurs during postentry quarantine.</P> <P>(3) In any such written agreement, the Administrator shall agree to:</P> <P>(i) Seek State review of permit applications for postentry quarantine material in that State, and issue permits only after determining that State services are available to monitor the postentry quarantine;</P> <P>(ii) Upon request of the State, provide training, technical advice, and pest identification services to State officials involved in providing postentry quarantine services in accordance with this section;</P> <P>(iii) Notify State officials, in writing and within ten days of the arrival, when plant material destined for postentry quarantine in their State arrives in the United States, and notify State officials in writing when materials in postentry quarantine may be released from quarantine in their State.</P> <P>(4) <E T="03">Termination of State postentry quarantine agreement.</E> A State postentry quarantine agreement may be terminated by either the Administrator or the State Plant Regulatory Official by giving written notice of termination to the other party. The effective date of the termination will be 60 days after the date of actual receipt of notice, with regard to future importation to that State of articles requiring postentry quarantine in accordance with this section. When a postentry quarantine agreement is terminated by either the State Plant Regulatory Official or the Administrator, APHIS and the affected State shall continue to provide postentry quarantine services in accordance with the postentry quarantine agreement, until the time the plant material is eligible to be released from quarantine, for all postentry quarantine material already in the State, and for all postentry quarantine material that arrives in the State prior to the effective date of termination.</P> <P>(d) <E T="03">Postentry quarantine growing agreements.</E> Any restricted article required to be grown under postentry quarantine conditions, as well as any increase therefrom, shall be grown in accordance with a postentry quarantine growing agreement signed by the person (the importer) applying for a written permit in accordance with § 319.37-3 for importation of the article and submitted to Plant Protection and Quarantine. On each postentry quarantine growing agreement, APHIS shall also obtain the signature of the State Plant Regulatory Official for the State in which regulated articles covered by the agreement will be grown. The postentry quarantine growing agreement shall specify the kind, number, and origin of plants to be imported, and shall certify to APHIS and to the State in which the articles are grown that the signer of the agreement will comply with the following conditions for the period of time specified below:</P> <P>(1) To grow such article or increase therefrom only on specified premises owned, rented, or otherwise in possession of the importer, within a space of dimensions designated by an inspector, <PRTPAGE P="240"/>and to move, propagate, or allow propagation of the article or increase therefrom or parts thereof only with the written permission of an inspector and only to the extent prescribed by the inspector;</P> <P>(2) To permit an inspector to have access to the specified premises for inspection of such article during regular business hours;</P> <P>(3) To keep the article and any increase therefrom identified with a label showing the name of the article, port accession number, and date of importation;</P> <P>(4) To keep the article separated from any domestic plant or plant product of the same genus by no less than 3 meters (approximately 10 feet); and from any other imported plant or plant product by the same distance;</P> <P>(5) To allow or apply remedial measures (including destruction) determined by an inspector to be necessary to prevent the spread of an injurious plant disease, injurious insect pest, or other plant pest;</P> <P>(6) To notify an inspector, orally or in writing, within 30 days of the time the importer or the person in charge of the growing site finds any abnormality of the article, or the article dies or is killed by the importer, the person in charge of the growing site, or any other person; to retain the abnormal or dead article for at least 60 days following that date of notification; and to give the abnormal or dead article to an inspector upon request;</P> <P>(7) To grow the article or increase therefrom, if an article of <E T="03">Rubus</E> spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, raspberry) from Europe, only in a screenhouse with screening of a minimum of 16 mesh per inch;</P> <P>(8) To grow the article or increase therefrom, if an article of <E T="03">Chrysanthemum</E> spp. (chrysanthemum) or <E T="03">Dianthus</E> spp. (carnation, sweet-william), only in a greenhouse or other enclosed building; and</P> <P>(9) To comply with the above conditions for a period of 6 months after importation for an article of <E T="03">Chrysanthemum</E> spp. (chrysanthemum), for a period of 1 year after importation for an article of <E T="03">Dianthus</E> spp. (carnation, sweet-william), and for a period of 2 years after importation for any other such articles.</P> <P>(e) A completed postentry quarantine agreement shall accompany the application for a written permit for an article required to be grown under postentry quarantine conditions. <SU>9</SU> <FTREF/> </P> <FTNT> <P> <SU>9</SU> Postentry quarantine agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236, or local offices of the Plant Protection and Quarantine Programs which are listed in telephone directories.</P> </FTNT> <P>(f) <E T="03">Inspector-ordered disposal, movement, or safeguarding of restricted articles; costs and charges, civil and criminal liabilities.</E> </P> <P>(1) <E T="03">Growing at unauthorized sites.</E> If an inspector determines that any article subject to the postentry quarantine growing requirements of this section, or any increase therefrom, is being grown at an unauthorized site, the inspector may file an emergency action notification (PPQ form 523) with the owner of the article or the person who owns or is in possession of the site on which the article is being grown. The person named in the form 523 must, within the time specified in form 523, sign a postentry quarantine growing agreement, destroy, ship to a point outside the United States, move to an authorized postentry quarantine site, and/or apply treatments or other safeguards to the article, the increase therefrom, or any portion of the article or the increase therefrom, as prescribed by an inspector to prevent the introduction of plant pests into the United States. In choosing which action to order and in setting the time limit for the action, the inspector shall consider the degree of pest risk presented by the plant pest(s) associated with the kind of article (including increase therefrom), the types of other host materials for the pest in or near the growing site, the climate and season at the site in relation to the pest's survival, and the availability of treatment facilities.</P> <P>(2) <E T="03">Growing at authorized sites.</E> If an inspector determines that any article, or any increase therefrom, grown at a site specified in an authorized <PRTPAGE P="241"/>postentry quarantine growing agreement is being grown contrary to the provisions of this section, including in numbers greater than the number approved by the postentry quarantine growing agreement, or in a manner that otherwise presents a risk of introducing plant pests into the United States, the inspector shall issue an emergency action notification (PPQ form 523) to the person who signed the postentry quarantine growing agreement. That person shall be responsible for carrying out all actions specified in the emergency action notification. The emergency action notification may extend the time for which the articles and the increase therefrom must be grown under the postentry quarantine conditions specified in the authorized postentry quarantine growing agreement, or may require that the person named in the notification must destroy, ship to a point outside the United States, or apply treatments or other safeguards to the article, the increase therefrom, or any portion of the article or the increase therefrom, within the time specified in the emergency action notification. In choosing which action to order and in setting the time limit for the action, the inspector shall consider the degree of pest risk presented by the plant pest(s) associated with the kind of article (including increase therefrom), the types of other host materials for the pest in or near the growing site, the climate and season at the site in relation to the pest's survival, and the availability of treatment facilities.</P> <P>(3) <E T="03">Costs and charges.</E> All costs pursuant to any action ordered by an inspector in accordance with this section shall be borne by the person who signed the postentry quarantine growing agreement covering the site where the articles were grown, or if no such agreement was signed, by the owner of the articles at the growing site.</P> <P>(4) <E T="03">Civil and criminal liabilities.</E> Any person who moves an article subject to postentry quarantine growing requirements from the site specified for that article in an authorized postentry quarantine growing agreement, or who otherwise handles such an article contrary to the requirements of this section, shall be subject to such civil penalties and such criminal liabilities as are provided by 18 U.S.C. 1001, 7 U.S.C. 7734, or other applicable Federal statutes.</P> <P>(g) <E T="03">State.</E> As used in this section, “State” means each of the 50 States of the United States, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, 43150, Sept. 18, 1992; 58 FR 38267, July 16, 1993; 58 FR 41124, Aug. 2, 1993; 59 FR 67610, Dec. 30, 1994; 61 FR 51210, Oct. 1, 1996; 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-8</SECTNO> <SUBJECT>Growing media.</SUBJECT> <P>(a) Any restricted article at the time of importation or offer for importation into the United States shall be free of sand, soil, earth, and other growing media, except as provided in paragraph (b), (c), (d) or (e) of this section.</P> <P>(b) A restricted article from Canada, other than from Newfoundland or from that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road, may be imported in any growing medium.</P> <P>(c) A restricted article growing solely in agar or in other transparent or translucent tissue culture medium may be imported established in such growing media.</P> <P>(d) Epiphytic plants (including orchid plants) established solely on tree fern slabs, coconut husks, or coconut fiber may be imported on such growing media.</P> <P>(e) A restricted article of any of the following groups of plants may be imported established in an approved growing medium listed in this paragraph, if the article meets the conditions of this paragraph, and is accompanied by a phytosanitary certificate issued by the plant protection service of the country in which the article was grown that declares that the article meets the conditions of this paragraph: <PRTPAGE P="242"/> <E T="03">Alstroemeria</E>, <E T="03">Ananas</E>,<E T="51">10</E> <FTREF/> <E T="03">Anthurium</E>, <E T="03">Begonia</E>, <E T="03">Gloxinia</E> (= <E T="03">Sinningia</E>), <E T="03">Nidularium</E>,<E T="51">11</E> <E T="03">Peperomia</E>, Polypodiophyta (=Filicales) (ferns), Rhododendron from Europe, and <E T="03">Saintpaulia</E>.</P> <FTNT> <P> <E T="51">10</E> These articles are bromeliads, and if imported into Hawaii, bromeliads are subject to postentry quarantine in accordance with § 319.37-7.</P> </FTNT> <P>(1) Approved growing media are baked expanded clay pellets, cork, glass wool, organic and inorganic fibers, peat, perlite, polymer stabilized starch, plastic particles, phenol formaldehyde, polyethylene, polystyrene, polyurethane, rock wool, sphagnum moss, ureaformaldehyde, vermiculite, or volcanic rock, or any combination of these media. Growing media must not have been previously used.</P> <P>(2) Articles imported under this paragraph must be grown in compliance with a written agreement for enforcement of this section signed by the plant protection service of the country where grown and Plant Protection and Quarantine, must be developed from mother stock that was inspected and found free from evidence of disease and pests by an APHIS inspector or foreign plant protection service inspector no more than 60 days prior to the time the article is established in the greenhouse (except for articles developed from seeds germinated in the greenhouse), and must be:</P> <P>(i) Grown in compliance with a written agreement between the grower and the plant protection service of the country where the article is grown, in which the grower agrees to comply with the provisions of this section and to allow inspectors, and representatives of the plant protection service of the country where the article is grown, access to the growing facility as necessary to monitor compliance with the provisions of this section;</P> <P>(ii) Grown solely in a greenhouse in which sanitary procedures adequate to exclude plant pests and diseases are always employed, including cleaning and disinfection of floors, benches and tools, and the application of measures to protect against any injurious plant diseases, injurious insect pests, and other plant pests. The greenhouse must be free from sand and soil and must have screening with openings of not more than 0.6 mm (0.2 mm for greenhouses growing <E T="03">Rhododendron</E> spp.) on all vents and openings except entryways. All entryways must be equipped with automatic closing doors;</P> <P>(iii) Rooted and grown in an active state of foliar growth for at least four consecutive months immediately prior to importation into the United States, in a greenhouse unit that is used solely for articles grown in compliance with this paragraph;</P> <P>(iv) Grown from seeds germinated in the greenhouse unit; or descended from a mother plant that was grown for at least 9 months in the exporting country prior to importation into the United States of the descendent plants, <E T="03">provided</E> that if the mother plant was imported into the exporting country from another country, it must be:</P> <P>(A) Grown for at least 12 months in the exporting country prior to importation of the descendent plants into the United States, or</P> <P>(B) Treated at the time of importation into the exporting country with a treatment prescribed for pests of that plant by the plant protection service of the exporting country and then grown for at least 9 months in the exporting country prior to importation of the descendent plants into the United States;</P> <P>(v) Watered only with rainwater that has been boiled or pasteurized, with clean well water, or with potable water;</P> <P>(vi) Rooted and grown in approved growing media listed in § 319.37-8(e)(1) on benches supported by legs and raised at least 46 cm above the floor;</P> <P>(vii) Stored and packaged only in areas free of sand, soil, earth, and plant pests;</P> <P>(viii) Inspected in the greenhouse and found free from evidence of plant pests and diseases by an APHIS inspector or an inspector of the plant protection service of the exporting country, no more than 30 days prior to the date of export to the United States;</P> <P>(ix) For <E T="03">Rhododendron</E> species only, the plants must be propagated from mother plants that have been visually inspected by an APHIS inspector or an inspector of the plant protection service of the exporting country and found <PRTPAGE P="243"/>free of evidence of diseases caused by the following pathogens: <E T="03">Chrysomyxa ledi</E> var. <E T="03">rhododendri, Erysiphe cruciferarum, Erysiphe rhododendri, Exobasidium vaccinnum</E> and <E T="03">vaccinum</E> var. <E T="03">japonicum,</E> and <E T="03">Phomopsis theae;</E> and</P> <P>(x) For <E T="03">Rhododendron</E> species only, the plants must be grown solely in a greenhouse equipped with automatic closing double doors of an airlock type, so that whenever one of the doors in an entryway is open the other is closed, and the plants must be introduced into the greenhouse as tissue cultures or as rootless stem cuttings from mother plants that:</P> <P>(A) Have received a pesticide dip prescribed by the plant protection service of the exporting country for mites, scale insects, and whitefly; and</P> <P>(B) Have been grown for at least the previous 6 months in a greenhouse that meets the requirements of § 319.37-8(e)(2)(ii).</P> <P>(f) A restricted article of <E T="03">Hyacinthus</E> spp. (hyacinth) may be imported established in unused peat, sphagnum moss, or vermiculite growing media, or in synthetic growing media or synthetic horticultural foams, i.e., plastic particles, glass wool, organic and inorganic fibers, polyurethane, polystyrene, polyethylene, phenol formaldehyde, or ureaformaldehyde:</P> <P>(1) If there is a written agreement between Plant Protection and Quarantine and the plant protection service of the country where the article is grown in which the plant protection service of the country where the article is grown agrees to implement a program in compliance with the provisions of this section;</P> <P>(2) If there is a written agreement between the grower of the article and the plant protection service of the country in which the article is grown wherein the grower agrees to comply with the provisions of this section, wherein the grower agrees to allow an inspector access to the growing facility as necessary to monitor compliance with the provisions of this section, and wherein the grower agrees to allow representatives of the plant protection service of the country in which the article is grown access to the growing facility as necessary to make determinations concerning compliance with the provisions of this section;</P> <P>(3) If: (i) Inspected immediately prior to the growing period by the plant protection service of the country in which the article is to be grown and found to be free of injurious plant diseases, injurious insect pests, and other plant pests;</P> <P>(ii) Grown throughout its growing period only in a coldroom (with temperatures not exceeding 9 °C. (48 °F.)) within an enclosed building;</P> <P>(iii) Grown only in a coldroom unit solely used for articles grown under all the criteria specified in this paragraph (f);</P> <P>(iv) Grown only in unused peat, sphagnum moss, or vermiculite growing media; or grown only in synthetic growing media or synthetic horticultural foams, i.e., plastic particles, glass wool, organic and inorganic fibers, polyurethane, polystyrene, polyethylene, phenol formaldehyde, ureaformaldehyde;</P> <P>(v) Watered only with clean rainwater that has been pasteurized, with clean well water, or with potable water;</P> <P>(vi) Grown in a coldroom free of sand, soil, or earth;</P> <P>(vii) Grown only in a coldroom where strict sanitary procedures are always practiced, i.e., cleaning and disinfection of floors and tools and the application of measures to protect against any injurious plant diseases, injurious insect pests, and other plant pests; and</P> <P>(viii) Stored only in areas found free of sand, soil, earth, injurious plant diseases, injurious insect pests, and other plant pests;</P> <P>(4) If appropriate measures have been taken to assure that the article is to be stored, packaged, and shipped free of injurious plant diseases, injurious insect pests, and other plant pests;</P> <P>(5) If accompanied by a phytosanitary certificate of inspection containing an accurate additional declaration from the plant protection service of the country in which grown that the article meets conditions of growing, storing, and shipping in compliance with 7 CFR 319.37-8(f); and</P> <P>(6) If the accompanying phytosanitary certificate of inspection is endorsed by a Plant Protection and <PRTPAGE P="244"/>Quarantine inspector in the country of origin or at the time of offer for importation, representing a finding based on monitoring inspections that the conditions listed above are being met.</P> <P>(g) <E T="03">Pest risk evaluation standards for plants established in growing media</E>. When evaluating a request to allow importation of additional taxa of plants established in growing media, the Animal and Plant Health Inspection Service will conduct the following analysis in determining the pest risks associated with each requested plant article and in determining whether or not to propose allowing importation into the United States of the requested plant article.</P> <P>(1) <E T="03">Collect commodity information.</E> (i) Determine the kind of growing medium, origin and taxon of the regulated article.</P> <P>(ii) Collect information on the method of preparing the regulated article for importation.</P> <P>(iii) Evaluate history of past plant pest interceptions or introductions (including data from plant protection services of foreign countries) associated with each regulated article.</P> <P>(2) <E T="03">Catalog quarantine pests</E>. For the regulated article specified in an application, determine what plant pests or potential plant pests are associated with the type of plant from which the regulated article was derived, in the country and locality of origin. A plant pest that meets one of the following criteria is a quarantine pest and will be further evaluated in accordance with paragraph (g)(3) of this section:</P> <P>(i) Non-indigenous plant pest not present in the United States;</P> <P>(ii) Non-indigenous plant pest, present in the United States and capable of further dissemination in the United States;</P> <P>(iii) Non-indigenous plant pest that is present in the United States and has reached probable limits of its ecological range, but differs genetically from the plant pest in the United States in a way that demonstrates a potential for greater damage potential in the United States;</P> <P>(iv) Native species of the United States that has reached probable limits of its ecological range, but differs genetically from the plant pest in the United States in a way that demonstrates a potential for greater damage potential in the United States; or</P> <P>(v) Non-indigenous or native plant pest that may be able to vector another plant pest that meets one of the criteria in (g)(2)(i) through (iv) of this section.</P> <P>(3) <E T="03">Conduct individual pest risk assessments</E>. Each of the quarantine pests identified by application of the criteria in paragraph (g)(2) of this section will be evaluated based on the following estimates:</P> <P>(i) Estimate the probability the quarantine pest will be on, with, or in the regulated article at the time of importation;</P> <P>(ii) Estimate the probability the quarantine pest will survive in transit on the regulated article and enter the United States undetected;</P> <P>(iii) Estimate the probability of the quarantine pest colonizing once entered into the United States;</P> <P>(iv) Estimate the probability of the quarantine pest spreading beyond the colonized area; and</P> <P>(v) Estimate the actual and perceived economic, environmental and social damage that would occur if the quarantine pest is introduced, colonizes, and spreads.</P> <P>(4) <E T="03">Determine overall estimation of risk based on compilation of component estimates</E>. This step will evaluate whether the pest risk of importing a regulated article established in growing media, as developed through the estimates of paragraph (g)(3) of this section, is greater than the pest risk of importing the regulated article with bare roots as allowed by § 319.37-8(a).</P> <P>(i) If the pest risk is determined to be the same or less, the regulated article established in growing media will be allowed importation under the same conditions as the same regulated article with bare roots.</P> <P>(ii) If the pest risk is determined to be greater for the regulated article established in growing media, APHIS will evaluate available mitigation measures to determine whether they would allow safe importation of the regulated article. Mitigation measures currently in use as requirements of this subsection, and any other mitigation methods relevant to the regulated article and <PRTPAGE P="245"/>plant pests involved, will be compared with the individual pest risk assessments in order to determine whether requiring particular mitigation measures in connection with importation of the regulated article would reduce the pest risk to a level equal to or less than the risk associated with importing the regulated article with bare roots as allowed by § 319.37-8(a). If APHIS determines that use of particular mitigation measures could reduce the pest risk to this level, and determines that sufficient APHIS resources are available to implement or ensure implementation of the appropriate mitigation measures, APHIS will propose to allow importation into the United States of the requested regulated article if the appropriate mitigation measures are employed.</P> <CITA>[45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-9</SECTNO> <SUBJECT>Approved packing material.</SUBJECT> <P>Any restricted article at the time of importation or offer for importation into the United States shall not be packed in a packing material unless the plants were packed in the packing material immediately prior to shipment; such packing material is free from sand, soil, or earth (except for sand designated below); has not been used previously as packing material or otherwise; and is listed below: </P> <EXTRACT> <P>Baked or expanded clay pellets.</P> <P>Buckwheat hulls.</P> <P>Coral sand from Bermuda, if the article packed in such sand is accompanied by a phytosanitary certificate of inspection containing an accurate additional declaration from the plant protection service of Bermuda that such sand was free from soil.</P> <P>Excelsior.</P> <P>Exfoliated vermiculite.</P> <P>Ground cork.</P> <P>Ground peat.</P> <P>Ground rubber.</P> <P>Paper.</P> <P>Perlite.</P> <P>Polymer stabilized cellulose.</P> <P>Quarry gravel.</P> <P>Rock wool.</P> <P>Sawdust.</P> <P>Shavings—wood or cork.</P> <P>Sphagnum moss.</P> <P>Vegetable fiber when free of pulp, including coconut fiber and Osmunda fiber, but excluding sugarcane fiber and cotton fiber.</P> <P>Volcanic rock.</P> </EXTRACT> <CITA>[45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-10</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <P>(a) Any restricted article for importation other than by mail, at the time of importation or offer for importation into the United States shall plainly and correctly bear on the outer container (if in a container) or the restricted article (if not in a container) the following information:</P> <P>(1) General nature and quantity of the contents,</P> <P>(2) Country and locality where grown,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article,</P> <P>(4) Name and address of consignee,</P> <P>(5) Identifying shipper's mark and number, and</P> <P>(6) Number of written permit authorizing the importation if one was issued.</P> <P>(b) Any restricted article for importation by mail shall be plainly and correctly addressed and mailed to the Plant Protection and Quarantine Programs at a port of entry listed in § 319.37-14, shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient, and shall plainly and correctly bear on the outer container the following information:</P> <P>(1) General nature and quantity of the contents,</P> <P>(2) Country and locality where grown,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article, and</P> <P>(4) Number of written permit authorizing the importation, if one was issued.</P> <P>(c) Any restricted article for importation (by mail or otherwise), at the time of importation or offer for importation into the United States shall be accompanied by an invoice or packing <PRTPAGE P="246"/>list indicating the contents of the shipment.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-11</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <P>Promptly upon arrival of any restricted article at a port of entry, the importer shall notify the Plant Protection and Quarantine Programs of the arrival by such means as a manifest, Customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-12</SECTNO> <SUBJECT>Prohibited articles accompanying restricted articles.</SUBJECT> <P>A restricted article for importation into the United States shall not be packed in the same container as an article prohibited importation into the United States by this part or part 321.</P> </SECTION> <SECTION> <SECTNO>§ 319.37-13</SECTNO> <SUBJECT>Treatment and costs and charges for inspection and treatment.</SUBJECT> <P>(a) The services of a Plant Protection and Quarantine inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. <SU>11</SU> <FTREF/> No charge will be made to the importer for Government owned or controlled special inspection facilities and equipment used in treatment, but the inspector may require the importer to furnish any special labor, chemicals, packing materials, or other supplies required in handling an importation under the regulations in this subpart. The Plant Protection and Quarantine Programs will not be responsible for any costs or charges, other than those indicated in this section.</P> <FTNT> <P> <SU>11</SU> Provisions relating to costs for other services of an inspector are contained in part 354.</P> </FTNT> <P>(b) Any treatment performed in the United States on a restricted article shall be performed by an inspector or under an inspector's supervision at a government-operated special inspection facility, except that an importer may have such treatment performed at a nongovernmental facility if the treatment is performed at nongovernment expense under the supervision of an inspector and in accordance with any applicable treatment requirements of this subpart and in accordance with any treatment required by an inspector as an emergency measure in order to prevent the dissemination of any injurious plant disease, injurious insect pest, or other plant pest, new to or not theretofore known to be widely prevalent or distributed within and throughout the United States. However, treatment may be performed at a nongovernmental facility only in cases of unavailability of government facilities and only if, in the judgment of an inspector, such article can be transported to such nongovernmental facility without the risk of introduction into the United States of injurious plant diseases, injurious insect pests, or other plant pests.</P> <CITA>[45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.37-14</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>(a) Any restricted article required to be imported under a written permit pursuant to § 319.37-3(a) (1) through (6) of this subpart, shall be imported or offered for importation only at a port of entry designated by an asterisk in paragraph (b) of this section; any other restricted article shall be imported or offered for importation at any port of entry listed in paragraph (b) of this section.</P> <P>(b) Any restricted article from Canada not required to be imported under a written permit pursuant to § 319.37-3(a) (1) through (6) of this subpart may be imported at any port of entry listed in this paragraph, or at any Customs designated port of entry on the United States-Canada border (Customs designated ports of entry are listed in 19 CFR part 101).</P> <EXTRACT> <HD SOURCE="HD1">List of Ports of Entry</HD> <P>Ports with special inspection and treatment facilities (plant inspection stations) are indicated by an asterisk (*).<PRTPAGE P="247"/> </P> <HD SOURCE="HD1">alabama</HD> <HD SOURCE="HD2">Mobile</HD> <FP SOURCE="FP-1">Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413, Mobile, AL 36601.</FP> <HD SOURCE="HD1">alaska</HD> <HD SOURCE="HD2">Anchorage</HD> <FP SOURCE="FP-1">Annex P.O. Box 6191, International Airport, Anchorage, AK 99502.</FP> <HD SOURCE="HD1">arizona</HD> <HD SOURCE="HD2">* Nogales</HD> <FP SOURCE="FP-1">Federal Inspection Station, Nogales, AZ 85621.</FP> <HD SOURCE="HD2">Phoenix</HD> <FP SOURCE="FP-1">Sky Harbor Airport, 3300 Sky Harbor Boulevard, Phoenix, AZ 85034.</FP> <HD SOURCE="HD2">San Luis</HD> <FP SOURCE="FP-1">U.S. Border Station, P.O. Box 37, San Luis, AZ 85349.</FP> <HD SOURCE="HD2">Tucson</HD> <FP SOURCE="FP-1">Tucson International Airport, Tucson, AZ 85706.</FP> <HD SOURCE="HD1">california</HD> <HD SOURCE="HD2">Calexico</HD> <FP SOURCE="FP-1">Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, Calexico, CA 92231.</FP> <HD SOURCE="HD2">* Los Angeles</HD> <FP SOURCE="FP-1">9650 LaCienega Boulevard, Building D North, Inglewood, CA 90301.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">World Way Center Post Office, International Arrivals Area, Satellite 2, P.O. Box 90429, Los Angeles International Airport, Los Angeles, CA 90009.</FP> <HD SOURCE="HD2">* San Diego</HD> <FP SOURCE="FP-1">U.S. Border Station, P.O. Box 43L, San Ysidro, CA 92073.</FP> <HD SOURCE="HD2">* San Francisco</HD> <FP SOURCE="FP-1">Plant Inspection Station, San Francisco International Airport, San Francisco, CA 94128.</FP> <FP SOURCE="FP-1">San Francisco International Airport, P.O. Box 8026, Airport Station, San Francisco, CA 94128.</FP> <FP SOURCE="FP-1">101 Agriculture Building, Embarcadero at Mission Street, P.O. Box 7673, San Francisco, CA 94120.</FP> <HD SOURCE="HD2">* San Pedro</HD> <FP SOURCE="FP-1">(See Los Angeles)</FP> <HD SOURCE="HD2">Travis AFB</HD> <FP SOURCE="FP-1">P.O. Box 1448, Travis Air Force Base, Fairfield, CA 94535.</FP> <HD SOURCE="HD1">colorado</HD> <HD SOURCE="HD2">Denver</HD> <FP SOURCE="FP-1">Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033.</FP> <HD SOURCE="HD1">connecticut</HD> <HD SOURCE="HD2">Wallingford</HD> <FP SOURCE="FP-1">Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492.</FP> <HD SOURCE="HD1">delaware</HD> <HD SOURCE="HD2">Dover AFB</HD> <FP SOURCE="FP-1">Building 500 (USDA), Dover Air Force Base, DE 19901.</FP> <HD SOURCE="HD2">Wilmington</HD> <FP SOURCE="FP-1">Federal Building, room 1218A, 844 King Street, Box 03, Wilmington, DE 19801.</FP> <HD SOURCE="HD1">district of columbia</HD> <HD SOURCE="HD2">Dulles International Airport</HD> <FP SOURCE="FP-1">(See Virginia)</FP> <HD SOURCE="HD1">florida</HD> <HD SOURCE="HD2">Cape Canaveral</HD> <FP SOURCE="FP-1">120 George King Boulevard, P.O. Box 158, Cape Canaveral, FL 32920.</FP> <HD SOURCE="HD2">Jacksonville</HD> <FP SOURCE="FP-1">Federal Building, room 521, 400 West Bay Street, P.O. Box 35003, Jacksonville, FL 32202.</FP> <HD SOURCE="HD2">Key West</HD> <FP SOURCE="FP-1">Federal Building, room 226, 301 Simonton Street, P.O. Box 1486, Key West, FL 33040.</FP> <HD SOURCE="HD2">* Miami</HD> <FP SOURCE="FP-1">Miami Inspection Station, 3500 NW. 62nd Avenue, P.O. Box 59-2136, Miami, FL 33159.</FP> <FP SOURCE="FP-1">FAA & NWS Building, Box 59-2647 AMF, Miami, FL 33159.</FP> <FP SOURCE="FP-1">Amman Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort Lauderdale, FL 33316. (<E T="04">Note:</E> Restricted articles required to be imported under a written permit pursuant to § 319.37-3(a)(1) through (6) of this subpart must be moved by ground transportation and under U.S. Customs bond to the Miami Inspection Station.)</FP> <HD SOURCE="HD2">* Orlando</HD> <FP SOURCE="FP-1">Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827.<PRTPAGE P="248"/> </FP> <HD SOURCE="HD2">Pensacola</HD> <FP SOURCE="FP-1">Federal Building, room 105, 100 North Palafax Street, P.O. Box 12561, Pensacola, FL 32573.</FP> <HD SOURCE="HD2">Tampa</HD> <FP SOURCE="FP-1">700 Twiggs Street, room 504, P.O. Box 266, Tampa, FL 33601.</FP> <HD SOURCE="HD2">West Palm Beach</HD> <FP SOURCE="FP-1">158 Port Road, P.O. Box 10611, Riviera Beach, FL 33404.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">Palm Beach International Airport, Port of Entry Building, West Palm Beach, FL 33406.</FP> <HD SOURCE="HD1">georgia</HD> <HD SOURCE="HD2">Atlanta</HD> <FP SOURCE="FP-1">Hapeville Branch Post Office, Basement, 650 Central Avenue, P.O. Box 82369, Hapeville, GA 30354.</FP> <HD SOURCE="HD2">Savannah</HD> <FP SOURCE="FP-1">U.S. Court House & Federal Building, room B-9, 125-126 Bull Street, P.O. Box 9268, Savannah, GA 31402.</FP> <HD SOURCE="HD1">guam</HD> <HD SOURCE="HD2">Agana</HD> <FP SOURCE="FP-1">P.O. Box 2950, Agana, GU 96910.</FP> <HD SOURCE="HD1">hawaii</HD> <HD SOURCE="HD2">Hilo</HD> <FP SOURCE="FP-1">General Lyman Field, Hilo, HI 96720.</FP> <HD SOURCE="HD2">*Honolulu (Airport)</HD> <FP SOURCE="FP-1">Honolulu International Airport, International Arrivals Building, Ewa end, Ground Level, P.O. Box 29757, Honolulu, HI 96820.</FP> <HD SOURCE="HD2">Wailuku, Maui</HD> <FP SOURCE="FP-1">Federal Post Office Building, room 211, Wailuku, HI 96793.</FP> <HD SOURCE="HD1">illinois</HD> <HD SOURCE="HD2">Chicago</HD> <FP SOURCE="FP-1">U.S. Custom House, room 800, 610 South Canal Street, Chicago, IL 60607.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">O'Hare International Arrivals Building, P.O. Box 66192, Chicago, IL 60666.</FP> <HD SOURCE="HD1">louisiana</HD> <HD SOURCE="HD2">Baton Rouge</HD> <FP SOURCE="FP-1">750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton Rouge, LA 70821.</FP> <HD SOURCE="HD2">*New Orleans</HD> <FP SOURCE="FP-1">New Orleans International Airport, P.O. Box 20037, Airport Mailing Facility, New Orleans, LA 70140.</FP> <FP SOURCE="FP-1">F. Edward Hébert Building, P.O. Box 2220, New Orleans, LA 70176.</FP> <HD SOURCE="HD1">maine</HD> <HD SOURCE="HD2">Bangor (Airport)</HD> <FP SOURCE="FP-1">International Arrivals Building, Bangor International Airport, Bangor, ME 04401.</FP> <HD SOURCE="HD2">Portland</HD> <FP SOURCE="FP-1">U.S. Courthouse, 156 Federal Street, room 309, Portland, ME 04101.</FP> <HD SOURCE="HD1">maryland</HD> <HD SOURCE="HD2">Baltimore</HD> <FP SOURCE="FP-1">Appraisers Stores Building, room 506, 103 South Gay Street, Baltimore, MD 21202.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">Foreign Arrivals Building, Baltimore Washington International Airport, Baltimore, MD 21240.</FP> <HD SOURCE="HD2">Beltsville</HD> <FP SOURCE="FP-1">Plant Germplasm Quarantine Center (for USDA shipments only), Building 320, Beltsville, Agricultural Research Center East, Beltsville, MD 20705.</FP> <HD SOURCE="HD1">massachusetts</HD> <HD SOURCE="HD2">Boston</HD> <FP SOURCE="FP-1">Room 4, U.S. Custom House, Boston, MA 02109.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">Logan International Airport, East Boston, MA 02128.</FP> <HD SOURCE="HD1">michigan</HD> <HD SOURCE="HD2">Detroit</HD> <FP SOURCE="FP-1">International Terminal, room 228, Metropolitan Airport, Detroit, MI 48242.</FP> <HD SOURCE="HD1">minnesota</HD> <HD SOURCE="HD2">Duluth</HD> <FP SOURCE="FP-1">Board of Trade Building, room 420, 301 West First Street, Duluth, MN 55802.<PRTPAGE P="249"/> </FP> <HD SOURCE="HD2">St. Paul</HD> <FP SOURCE="FP-1">Minneapolis-St. Paul International Airport, International Charter Terminal, P.O. Box 1690, St. Paul, MN 55111.</FP> <HD SOURCE="HD1">missouri</HD> <HD SOURCE="HD2">Kansas City (Airport)</HD> <FP SOURCE="FP-1">Kansas City International Airport, P.O. Box 20085, Kansas City, MO 64195.</FP> <HD SOURCE="HD2">St. Louis International Airport</HD> <FP SOURCE="FP-1">P.O. Box 858, St. Charles, MO 63301.</FP> <HD SOURCE="HD1">new jersey</HD> <HD SOURCE="HD2">*Hoboken</HD> <FP SOURCE="FP-1">209 River Street, Hoboken, NJ 07030.</FP> <HD SOURCE="HD2">McGuire AFB</HD> <FP SOURCE="FP-1">Building 1706, Passenger Terminal, Customs Area, P.O. Box 16073, McGuire Air Force Base, NJ 08641.</FP> <HD SOURCE="HD1">new york</HD> <HD SOURCE="HD2">Albany</HD> <FP SOURCE="FP-1">80 Wolf Road, Suite 503, Albany, NY 12205.</FP> <HD SOURCE="HD2">Buffalo</HD> <FP SOURCE="FP-1">Federal Building, room 1113, 111 West Huron Street, Buffalo, NY 14202.</FP> <HD SOURCE="HD2">New York</HD> <FP SOURCE="FP-1">26 Federal Plaza, room 1747, New York, NY 10007.</FP> <HD SOURCE="HD2">*Jamaica</HD> <FP SOURCE="FP-1">John F. Kennedy International Airport, Plant Inspection Station, Cargo Building 80, Jamaica, NY 11430.</FP> <P>International Arrivals Building, room 2315,</P> <P>John F. Kennedy International Airport.</P> <HD SOURCE="HD2">Rouses Point</HD> <FP SOURCE="FP-1">St. John's Highway Border Station, room 118, Route 9B, P.O. Box 278, Rouses Point, NY 12979.</FP> <HD SOURCE="HD1">north carolina</HD> <HD SOURCE="HD2">Morehead City</HD> <FP SOURCE="FP-1">Room 216, 113 Arendell, P.O. Box 272, Morehead City, NC 28557.</FP> <HD SOURCE="HD2">Wilmington</HD> <FP SOURCE="FP-1">Rural Route 6, Box 53D, Wilmington, NC 28405.</FP> <HD SOURCE="HD1">ohio</HD> <HD SOURCE="HD2">Cleveland</HD> <FP SOURCE="FP-1">Federal Building, room 1749, 1240 East 9th Street, Cleveland, OH 44199.</FP> <HD SOURCE="HD1">oregon</HD> <HD SOURCE="HD2">Astoria</HD> <FP SOURCE="FP-1">Port Docks, P.O. Box 354, Astoria, OR 97103.</FP> <HD SOURCE="HD2">Coos Bay</HD> <FP SOURCE="FP-1">U.S. Postal Services Building, 235 West Anderson Street, P.O. Box 454, Coos Bay, OR 97420.</FP> <HD SOURCE="HD2">Portland</HD> <FP SOURCE="FP-1">Federal Building, room 657, 511 NW. Broadway, Portland, OR 97209.</FP> <HD SOURCE="HD1">pennsylvania</HD> <HD SOURCE="HD2">Philadelphia</HD> <FP SOURCE="FP-1">Custom House, room 1004, 2nd and Chestnut Streets, Philadelphia, PA 19106.</FP> <HD SOURCE="HD1">puerto rico</HD> <HD SOURCE="HD2">Mayaguez</HD> <FP SOURCE="FP-1">P.O. Box 3269, Marina Station, Mayaguez, PR 00708.</FP> <HD SOURCE="HD2">Ponce</HD> <FP SOURCE="FP-1">P.O. Box 68, Ponce Playa Station, Ponce, PR 00731.</FP> <HD SOURCE="HD2">Hato Rey</HD> <FP SOURCE="FP-1">Federal Office Building & U.S. Court House, room 206, Hato Rey, PR 00918.</FP> <HD SOURCE="HD2">Roosevelt Roads</HD> <FP SOURCE="FP-1">Roosevelt Roads Naval Station, P.O. Box 3008, Air Operations, FPO Miami, FL 34051.</FP> <HD SOURCE="HD2">*San Juan</HD> <FP SOURCE="FP-1">Isla Verde International Airport, Foreign Arrivals Wing, San Juan, PR 00904.</FP> <HD SOURCE="HD1">rhode island</HD> <HD SOURCE="HD2">Warwick</HD> <FP SOURCE="FP-1">48 Quaker Lane, West Warwick, RI 02893.</FP> <HD SOURCE="HD1">south carolina</HD> <HD SOURCE="HD2">Charleston</HD> <FP SOURCE="FP-1">Room 513 Federal Building, P.O. Box 941, Charleston, SC 29402.</FP> <HD SOURCE="HD1">tennessee</HD> <HD SOURCE="HD2">Memphis</HD> <FP SOURCE="FP-1">Room 801 Mid Memphis Tower, 1407 Union Avenue, Memphis, TN 38104.</FP> <HD SOURCE="HD1">texas</HD> <HD SOURCE="HD2">*Brownsville</HD> <FP SOURCE="FP-1">Border Services Building, room 224 (Gateway Bridge), East Elizabeth and International <PRTPAGE P="250"/>Boulevard, P.O. Box 306, Brownsville, TX 78520.</FP> <HD SOURCE="HD2">Corpus Christi</HD> <FP SOURCE="FP-1">807 Petroleum Tower, 811 Carancahua Street, P.O. Box 245, Corpus Christi, TX 78403.</FP> <HD SOURCE="HD2">Dallas-Fort Worth (Airport)</HD> <FP SOURCE="FP-1">Dallas-Fort Worth Airport, P.O. Box 61063, Dallas-Ft. Worth Airport, TX 75261.</FP> <HD SOURCE="HD2">Del Rio</HD> <FP SOURCE="FP-1">U.S. Border Inspection Station, room 135, International Bridge, P.O. Box 1227, Del Rio, TX 78840.</FP> <HD SOURCE="HD2">Eagle Pass</HD> <FP SOURCE="FP-1">U.S. Border Station, 160 Garrison Street, P.O. Box P, Eagle Pass, TX 78852.</FP> <HD SOURCE="HD2">*El Paso</HD> <FP SOURCE="FP-1">Cordova Border Station, room 172-A, 3600 East Paisano, El Paso, TX 79905.</FP> <HD SOURCE="HD2">Galveston</HD> <FP SOURCE="FP-1">Room 402, U.S. Post Office Building, 601 Rosenberg Street, P.O. Box 266, Galveston, TX 77553.</FP> <HD SOURCE="HD2">Hidalgo</HD> <FP SOURCE="FP-1">U.S. Border Station, Bridge Street, P.O. Drawer R, Hidalgo, TX 78557.</FP> <HD SOURCE="HD2">*Houston</HD> <FP SOURCE="FP-1">(Airport) Houston Plant Inspection Station, 3016 McKaughan, Houston, TX 77032.</FP> <FP SOURCE="FP-1">U.S. Appraisers Stores Building, room 210 7300 Wingate Street, Houston, TX 77011.</FP> <HD SOURCE="HD2">Laredo</HD> <FP SOURCE="FP-1">La Posada Motel, rooms L8-13, 1000 Zaragoza Street, P.O. Box 277, Laredo, TX 78040.</FP> <FP SOURCE="FP-1">Juarez-Lincoln International Bridge, 101 Santa Ursela, Laredo, TX 78040.</FP> <FP SOURCE="FP-1">U.S. International Bridge No. 1, 100 Convent Avenue, Laredo, TX 78040.</FP> <HD SOURCE="HD2">Port Arthur</HD> <FP SOURCE="FP-1">Federal Building, room 201, Fifth Street & Austin Avenue, P.O. Box 1227, Port Arthur, TX 77640.</FP> <HD SOURCE="HD2">Presidio</HD> <FP SOURCE="FP-1">U.S. Border Station, International Bridge, P.O. Box 1001, Presidio, TX 79845.</FP> <HD SOURCE="HD2">Progreso</HD> <FP SOURCE="FP-1">Custom House Building, Progreso International Bridge, Progreso, TX 78579.</FP> <HD SOURCE="HD2">Roma</HD> <FP SOURCE="FP-1">International Bridge, P.O. Box 185, Roma, TX 78584.</FP> <HD SOURCE="HD2">San Antonio</HD> <FP SOURCE="FP-1">International Satellite, room 15-S, 9700 Airport Boulevard, San Antonio, TX 78216.</FP> <HD SOURCE="HD1">virgin islands of the united states</HD> <HD SOURCE="HD2">St. Thomas</HD> <FP SOURCE="FP-1">Room 227, Federal Building, P.O. Box 8119, St. Thomas, Virgin Islands of the U.S. 00801.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">Harry S. Truman Airport, Main Terminal Building, St. Thomas, Virgin Islands of the U.S. 00801.</FP> <HD SOURCE="HD2">St. Croix</HD> <FP SOURCE="FP-1">Drawer 1548, Kingshill, St. Croix, Virgin Islands of the U.S. 00850.</FP> <HD SOURCE="HD1">virginia</HD> <HD SOURCE="HD2">Chantilly (Airport)</HD> <FP SOURCE="FP-1">Dulles International Airport, International Arrivals Area, P.O. Box 17134, Washington, DC 20041.</FP> <HD SOURCE="HD2">Newport News</HD> <FP SOURCE="FP-1">P.O. Box 942, Newport News, VA 23607.</FP> <HD SOURCE="HD2">Norfolk</HD> <FP SOURCE="FP-1">Federal Building, room 311, 200 Granby Mall, Norfolk, VA 23510.</FP> <HD SOURCE="HD1">washington</HD> <HD SOURCE="HD2">Blaine</HD> <FP SOURCE="FP-1">Custom House, room 216, P.O. Drawer C, Blaine, WA 98230.</FP> <HD SOURCE="HD2">McChord AFB</HD> <FP SOURCE="FP-1">MAC Terminal, P.O. Box 4116, McChord Air Force Base, Tacoma, WA 98438.</FP> <HD SOURCE="HD2">*Seattle</HD> <FP SOURCE="FP-1">Federal Office Building, room 9014, 909 First Avenue, Seattle, WA 98174.</FP> <HD SOURCE="HD2">(Airport)</HD> <FP SOURCE="FP-1">Seattle-Tacoma International Airport, Seattle, WA 98158.</FP> <HD SOURCE="HD1">wisconsin</HD> <HD SOURCE="HD2">Milwaukee</HD> <FP SOURCE="FP-1">International Arrivals Terminal, General Mitchell Field, 5300 South Howell Avenue, Milwaukee, WI 53207.</FP> </EXTRACT> <CITA>[45 FR 31585, May 13, 1980, as amended at 54 FR 34133, Aug. 18, 1989; 57 FR 47978, Oct. 21, 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, Oct. 1, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="251"/> <HD SOURCE="HED">Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>60 FR 27674, May 25, 1995, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 319.40-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead.</P> <P> <E T="03">APHIS.</E> The Animal and Plant Health Inspection Service, United States Department of Agriculture.</P> <P> <E T="03">Bark chips.</E> Bark fragments broken or shredded from log or branch surfaces.</P> <P> <E T="03">Certificate.</E> A certificate of inspection relating to a regulated article, which is issued by an official authorized by the national government of the country in which the regulated article was produced or grown, which contains a description of the regulated article, which certifies that the regulated article has been inspected, is believed to be free of plant pests, and is believed to be eligible for importation pursuant to the laws and regulations of the United States, and which may contain any specific additional declarations required under this subpart.</P> <P> <E T="03">Compliance agreement.</E> A written agreement between APHIS and a person engaged in processing, handling, or moving regulated articles, in which the person agrees to comply with requirements contained in the agreement.</P> <P> <E T="03">Departmental permit.</E> A document issued by the Administrator authorizing the importation of a regulated article for experimental, scientific, or educational purposes.</P> <P> <E T="03">Exporter statement.</E> A written declaration by the exporter, accompanying a shipment at the time of importation, declaring the nature of the shipment and that the shipment contains no solid wood packing material.</P> <P> <E T="03">Fines.</E> Small particles or fragments of wood, slightly larger than sawdust, that result from chipping, sawing, or processing wood.</P> <P> <E T="03">Free from rot.</E> No more than two percent by weight of the regulated articles in a lot show visual evidence of fructification of fungi or growth of other microorganisms that cause decay and the breakdown of cell walls in the regulated articles.</P> <P> <E T="03">General permit.</E> A written authorization contained in § 319.40-3 for any person to import the articles named by the general permit, in accordance with the requirements specified by the general permit, without being issued a specific permit.</P> <P> <E T="03">Humus, compost, and litter.</E> Partially or wholly decayed plant matter.</P> <P> <E T="03">Import (imported, importation).</E> To bring or move into the territorial limits of the United States.</P> <P> <E T="03">Importer document.</E> A written declaration signed by the importer of regulated articles, which must accompany the regulated articles at the time of importation, in which the importer accurately declares information about the regulated articles required to be disclosed by § 319.40-2(b).</P> <P> <E T="03">Importer statement.</E> A written declaration by the importer, for a shipment containing solid wood packing material from the Peoples Republic of China including Hong Kong, affirming that the importer has on file at his or her office the certificate required under § 319.40-5(g)(2)(i).</P> <P> <E T="03">Inspector.</E> Any individual authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Log.</E> The bole of a tree; trimmed timber that has not been sawn further than to form cants.</P> <P> <E T="03">Loose wood packing material.</E> Excelsior (wood wool), sawdust, and wood shavings, produced as a result of sawing or shaving wood into small, slender, and curved pieces.</P> <P> <E T="03">Lot.</E> All the regulated articles on a single means of conveyance that are derived from the same species of tree and were subjected to the same treatments prior to importation, and that are consigned to the same person.</P> <P> <E T="03">Lumber.</E> Logs that have been sawn into boards, planks, or structural members such as beams.</P> <P> <E T="03">Permit.</E> A specific permit to import a regulated article issued in accordance with § 319.40-4, or a general permit promulgated in § 319.40-3.</P> <P> <E T="03">Plant pest.</E> Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic <PRTPAGE P="252"/>plants or reproductive parts of parasitic plants, noxious weeds, viruses, or any organism similar to or allied with any of the foregoing, or any infectious substances, which can injure or cause disease or damage in any plants, parts of plants, or any products of plants.</P> <P> <E T="03">Port of first arrival.</E> The area (such as a seaport, airport, or land border station) where a person or a means of conveyance first arrives in the United States, and where inspection of regulated articles is carried out by inspectors.</P> <P> <E T="03">Primary processing.</E> Any of the following processes: cleaning (removal of soil, limbs, and foliage), debarking, rough sawing (bucking or squaring), rough shaping, spraying with fungicide or insecticide sprays, and fumigation.</P> <P> <E T="03">Regulated article.</E> The following articles, if they are unprocessed or have received only primary processing: logs; lumber; any whole tree; any cut tree or any portion of a tree, not solely consisting of leaves, flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust; painted raw wood products; excelsior (wood wool); wood chips; wood mulch; wood shavings; pickets; stakes; shingles; solid wood packing materials; humus; compost; and litter.</P> <P> <E T="03">Sealed container; sealable container.</E> A completely enclosed container designed for the storage or transportation of cargo, and constructed of metal or fiberglass, or other rigid material, providing an enclosure which prevents the entrance or exit of plant pests and is accessed through doors that can be closed and secured with a lock or seal. Sealed (sealable) containers are distinct and separable from the means of conveyance carrying them.</P> <P> <E T="03">Solid wood packing material.</E> Wood packing materials other than loose wood packing materials, used or for use with cargo to prevent damage, including, but not limited to, dunnage, crating, pallets, packing blocks, drums, cases, and skids.</P> <P> <E T="03">Specific permit.</E> A written document issued by APHIS to the applicant in accordance with § 319.40-4 that authorizes importation of articles in accordance with this subpart and specifies or refers to the regulations applicable to the particular importation.</P> <P> <E T="03">Treatment Manual.</E> The Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.</P> <P> <E T="03">Tropical hardwoods.</E> Hardwood timber species which grow only in tropical climates.</P> <P> <E T="03">United States.</E> All of the States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <P> <E T="03">Wood chips.</E> Wood fragments broken or shredded from any wood.</P> <P> <E T="03">Wood mulch.</E> Bark chips, wood chips, wood shavings, or sawdust intended for use as a protective or decorative ground cover.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, 1998; 65 FR 21127, Apr. 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-2</SECTNO> <SUBJECT>General prohibitions and restrictions; relation to other regulations.</SUBJECT> <P>(a) <E T="03">Permit required.</E> Except for regulated articles exempted from this requirement by paragraph (c) of this section or § 319.40-3, no regulated article may be imported unless a specific permit has been issued for importation of the regulated article in accordance with § 319.40-4, and unless the regulated article meets all other applicable requirements of this subpart and any requirements specified by APHIS in the specific permit.</P> <P>(b) <E T="03">Importer document; documentation of type, quantity, and origin of regulated articles.</E> Except for regulated articles exempted from this requirement by paragraph (c) of this section or § 319.40-3, no regulated article may be imported unless it is accompanied by an importer document stating the following information. A certificate that contains this information may be used in lieu of an importer document at the option of the importer:</P> <P>(1) The genus and species of the tree from which the regulated article was derived;</P> <P>(2) The country, and locality if known, where the tree from which the regulated article was derived was harvested;<PRTPAGE P="253"/> </P> <P>(3) The quantity of the regulated article to be imported;</P> <P>(4) The use for which the regulated article is imported; and</P> <P>(5) Any treatments or handling of the regulated article required by this subpart that were performed prior to arrival at the port of first arrival.</P> <P>(c) <E T="03">Regulation of articles imported for propagation or human consumption.</E> The requirements of this subpart do not apply to regulated articles that are allowed importation in accordance with § 319.19, “Subpart—Citrus Canker and Other Citrus Diseases”,or §§ 319.37 through 319.37-14, “Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products”; or to regulated articles imported for human consumption that are allowed importation in accordance with §§ 319.56 through 319.56-8, “Subpart—Fruits and Vegetables.”</P> <P>(d) <E T="03">Regulated articles imported for experimental, scientific or educational purposes.</E> Any regulated article may be imported without further restriction under this subpart if:</P> <P>(1) Imported by the United States Department of Agriculture for experimental, scientific, or educational purposes;</P> <P>(2) Imported pursuant to a Departmental permit issued by APHIS for the regulated article prior to its importation and kept on file at the port of first arrival; and</P> <P>(3) Imported under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the introduction into the United States of plant pests.</P> <P>(e) <E T="03">Designation of additional regulated articles.</E> An inspector may designate any article as a regulated article by giving written notice of the designation to the owner or person in possession or control of the article. APHIS will implement rulemaking to add articles designated as regulated articles to the definition of regulated article in § 319.40-1 if importation of the article appears to present a recurring significant risk of introducing plant pests. Inspectors may designate an article as a regulated article after determining that:</P> <P>(1) The article was imported in the same container or hold as a regulated article;</P> <P>(2) Other articles of the same type imported from the same country have been found to carry plant pests; or</P> <P>(3) The article appears to be contaminated with regulated articles or soil.</P> <P>(f) In addition to meeting the requirements of this subpart, logs and pulpwood with bark attached imported from Canada are subject to the inspection and certification requirements for gypsy moth in § 319.77-4 of this part.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 63 FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-3</SECTNO> <SUBJECT>General permits; articles that may be imported without a specific permit; articles that may be imported without either a specific permit or an importer document.</SUBJECT> <P>(a) <E T="03">Canada and Mexico.</E> APHIS hereby issues a general permit to import articles authorized by this paragraph. Regulated articles from Canada and from states in Mexico adjacent to the United States border, other than regulated articles of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the botanical family Rutaceae, may be imported without restriction under this subpart, except that they must be accompanied by an importer document stating that the regulated articles are derived from trees harvested in, and have never been moved outside, Canada or states in Mexico adjacent to the United States border, and except that they are subject to the inspection and other requirements in § 319.40-9.</P> <P>(b) <E T="03">Solid wood packing materials—</E>(1) <E T="03">Free of bark; used with non-regulated articles.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph, except that solid wood packing material from the People's Republic of China including Hong Kong must be imported in accordance with § 319.40-5(g), (h), and (i). Solid wood packing materials that are completely free of bark and are in actual use at the time of importation as packing materials for articles which are not regulated articles may be imported without restriction under this subpart, except that:<PRTPAGE P="254"/> </P> <P>(i) The solid wood packing materials are subject to the inspection and other requirements in § 319.40-9; and</P> <P>(ii) The solid wood packing materials must be accompanied at the time of importation by an importer document, stating that the solid wood packing materials are totally free from bark, and apparently free from live plant pests.</P> <P>(2) <E T="03">Free of bark; used with regulated articles.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph, except that solid wood packing material from the People's Republic of China including Hong Kong must be imported in accordance with § 319.40-5(g), (h), and (i). Solid wood packing materials that are completely free of bark and are in actual use at the time of importation as packing materials for regulated articles may be imported without restriction under this subpart, except that:</P> <P>(i) The solid wood packing materials are subject to the inspection and other requirements in § 319.40-9;</P> <P>(ii) The solid wood packing materials must be accompanied at the time of importation by an importer document, stating that the solid wood packing materials are totally free from bark, and apparently free from live plant pests; and</P> <P>(iii) The solid wood packing materials must be accompanied at the time of importation by an importer document, stating that the solid wood packing materials have been heat treated, fumigated, or treated with preservatives in accordance with § 319.40-7, or meet all the importation and entry conditions required for the regulated article the solid wood packing material is used to move.</P> <P>(3) <E T="03">Not free of bark; used with regulated or nonregulated articles.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph, except that solid wood packing material from the People's Republic of China including Hong Kong must be imported in accordance with § 319.40-5(g), (h), and (i). Solid wood packing materials that are not completely free of bark and are in actual use as packing at the time of importation may be imported without restriction under this subpart, except that:</P> <P>(i) The solid wood packing materials are subject to the inspection and other requirements in § 319.40-9;</P> <P>(ii) The solid wood packing materials must be accompanied at the time of importation by an importer document, stating that the solid wood packing materials have been heat treated, fumigated, or treated with preservatives in accordance with § 319.40-7.</P> <P>(4) <E T="03">Pallets moved as cargo.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph. Pallets that are completely free of bark and that are not in actual use as packing at the time of importation (i.e., pallets moved as cargo) may be imported without restriction under this subpart, except that:</P> <P>(i) The pallets are subject to the inspection and other requirements in § 319.40-9; and</P> <P>(ii) The pallets are accompanied by an importer document stating that the pallets were previously eligible for importation in accordance with paragraph (b) of this section and have not had wood added to them since that use. Solid wood packing materials other than pallets that are imported as cargo must be imported in accordance with the requirements of this subpart for raw lumber.</P> <P>(c) <E T="03">Loose wood packing materials.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph. Loose wood packing materials (whether in use as packing or imported as cargo) that are dry may be imported subject to the inspection and other requirements in § 319.40-9 and without further restriction under this subpart.</P> <P>(d) <E T="03">Bamboo timber.</E> APHIS hereby issues a general permit to import regulated articles authorized by this paragraph. Bamboo timber which is free of leaves and seeds and has been sawn or split lengthwise and dried may be imported subject to the inspection and other requirements in § 319.40-9 and without further restriction under this subpart.</P> <P>(e) <E T="03">Regulated articles the permit process has determined to present no plant pest <PRTPAGE P="255"/>risk.</E> Regulated articles for which a specific permit has been issued in accordance with § 319.40-4(b)(2)(i) may be imported without other restriction under this subpart, except that they are subject to the inspection and other requirements in § 319.40-9.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-4</SECTNO> <SUBJECT>Application for a permit to import regulated articles; issuance and withdrawal of permits.</SUBJECT> <P>(a) <E T="03">Application procedure.</E> A written application for a permit <SU>1</SU> <FTREF/> must be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations Permit Unit, 4700 River Road Unit 136, Riverdale, MD 20737-1236. The completed application must include the following information:</P> <FTNT> <P> <SU>1</SU> Application forms for permits are available without charge from the Administrator, c/o the Permit Unit, Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, 4700 River Road, Riverdale, MD 20737, or local offices of Plant Protection and Quarantine, which are listed in telephone directories.</P> </FTNT> <P>(1) The specific type of regulated article to be imported, including the genus and species name of the tree from which the regulated article was derived;</P> <P>(2) Country, and locality if known, where the tree from which the regulated article was derived was harvested;</P> <P>(3) The quantity of the regulated article to be imported;</P> <P>(4) A description of any processing, treatment or handling of the regulated article to be performed prior to importation, including the location where any processing or treatment was or will be performed and the names and dosage of any chemicals employed in treatments;</P> <P>(5) A description of any processing, treatment, or handling of the regulated article intended to be performed following importation, including the location where any processing or treatment will be performed and the names and dosage of any chemicals employed in treatments;</P> <P>(6) Whether the regulated article will or will not be imported in a sealed container or in a hold;</P> <P>(7) The means of conveyance to be used to import the regulated article;</P> <P>(8) The intended port of first arrival in the United States of the regulated article, and any subsequent ports in the United States at which regulated articles may be unloaded;</P> <P>(9) The destination and general intended use of the regulated article;</P> <P>(10) The name and address of the applicant and, if the applicant's address is not within the United States, the name and address of an agent in the United States whom the applicant names for acceptance of service of process; and</P> <P>(11) A statement certifying the applicant as the importer of record.</P> <P>(b) <E T="03">Review of application and issuance of permit.</E> After receipt and review of the application, APHIS shall determine whether it appears that the regulated article at the time of importation will meet either the specific importation requirements in § 319.40-5 or the universal importation requirements in § 319.40-6.</P> <P>(1) If it appears that the regulated article proposed for importation will meet the requirements of either § 319.40-5 or § 319.40-6, a permit stating the applicable conditions for importation under this subpart shall be issued for the importation of the regulated article identified in the application.</P> <P>(2) If it appears that the regulated article proposed for importation will not meet the requirements of either § 319.40-5 or § 319.40-6 because these sections do not address the particular regulated article identified in the application, APHIS shall review the application by applying the plant pest risk assessment standards specified in § 319.40-11.</P> <P>(i) If this review reveals that importation of the regulated article under a permit and subject to the inspection and other requirements in § 319.40-9, but without any further conditions, will not result in the introduction of plant pests into the United States, a permit for importation of the regulated article shall be issued. The permit may only be issued in unique and unforeseen circumstances when the importation of <PRTPAGE P="256"/>the regulated article is not expected to recur.</P> <P>(ii) If this review reveals that the regulated article may be imported under conditions that would reduce the plant pest risk to an insignificant level, APHIS may implement rulemaking to add the additional conditions to this subpart, and after the regulations are effective, may issue a permit for importation of the regulated article.</P> <P>(3) No permit will be issued to an applicant who has had a permit withdrawn under paragraph (d) of this section during the 12 months prior to receipt of the permit application by APHIS, unless the withdrawn permit has been reinstated upon appeal.</P> <P>(c) <E T="03">Permit does not guarantee eligibility for import.</E> Even if a permit has been issued for the importation of a regulated article, the regulated article may be imported only if all applicable requirements of this subpart are met and only if an inspector at the port of first arrival determines that no remedial measures are necessary pursuant to the Plant Protection Act with respect to the regulated article.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(d) <E T="03">Denial and withdrawal of permits.</E> Any permit which has been issued may be withdrawn by an inspector or the Administrator if he or she determines that the person to whom the permit was issued has violated any requirement of this subpart. If the withdrawal is oral, the decision to withdraw the permit and the reasons for the withdrawal of the permit shall be confirmed in writing as promptly as circumstances permit. Any person whose permit has been denied or withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit was wrongfully denied or withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for granting or denying the appeal as promptly as circumstances permit. If there is a conflict as to any material fact and the person from whom the permit is withdrawn requests a hearing, a hearing shall be held to resolve the conflict. Rules of practice concerning the hearing shall be adopted by the Administrator.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-5</SECTNO> <SUBJECT>Importation and entry requirements for specified articles.</SUBJECT> <P>(a) <E T="03">Bamboo timber.</E> Bamboo timber consisting of whole culms or canes may be imported into Guam or the Northern Mariana Islands subject to inspection and other requirements of § 319.40-9. Bamboo timber consisting of whole culms or canes that are completely dry as evidenced by lack of moisture in node tissue may be imported into any part of the United States subject to inspection and other requirements of § 319.40-9.</P> <P>(b) <E T="03">Monterey pine logs and lumber from Chile and New Zealand; Douglas-fir logs and lumber from New Zealand—(1) Logs</E>—(i) <E T="03">Requirements prior to importation.</E> Monterey or Radiata pine (<E T="03">Pinus radiata</E>) logs from Chile or New Zealand and Douglas-fir (<E T="03">Pseudotsuga menziesii</E>) logs from New Zealand that are accompanied by a certificate stating that the logs meet the requirements of paragraph (b)(1)(i) (A) through (D) of this section, and that are consigned to a facility in the United States that operates in accordance with § 319.40-8, may be imported in accordance with paragraphs (b)(1)(i)(A) through (b)(1)(iii) of this section.</P> <P>(A) The logs must be from live healthy trees which are apparently free of plant pests, plant pest damage, and decay organisms.</P> <P>(B) The logs must be debarked in accordance with § 319.40-7(b) prior to fumigation.</P> <P>(C) The logs and any solid wood packing materials to be used with the logs during shipment to the United States must be fumigated in accordance with § 319.40-7(f)(1), within 45 days following the date the trees are felled and prior to arrival of the logs in the United States, in the holds or in sealable containers. Fumigation must be conducted in the same sealable container or hold <PRTPAGE P="257"/>in which the logs and solid wood packing materials are exported to the United States.</P> <P>(D) During shipment to the United States, no other regulated article is permitted on the means of conveyance with the logs, unless the logs and the other regulated articles are in separate holds or separate sealed containers, or, if the logs and other regulated articles are mixed in a hold or sealed container, the other regulated articles either have been heat treated with moisture reduction in accordance with § 319.40-7(d), or have been fumigated in the hold or sealable container in accordance with paragraph (b)(1)(i)(C) of this section.</P> <P>(ii) <E T="03">Requirements upon arrival in the United States.</E> The following requirements apply upon arrival of the logs in the United States.</P> <P>(A) The logs must be kept segregated from other regulated articles from the time of discharge from the means of conveyance until the logs are completely processed at a facility in the United States that operates under a compliance agreement in accordance with § 319.40-8.</P> <P>(B) The logs must be moved from the port of first arrival to the facility that operates under a compliance agreement in accordance with § 319.40-8 by as direct a route as reasonably possible.</P> <P>(iii) <E T="03">Requirements at the processing facility.</E> The logs must be consigned to a facility operating under a compliance agreement in accordance with § 319.40-8 that includes the following requirements:</P> <P>(A) Logs or any products generated from logs, including lumber, must be heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(B) The logs, including sawdust, wood chips, or other products generated from the logs in the United States, must be processed in accordance with paragraph (b)(1)(iii) of this section within 60 days from the time the logs are released from the port of first arrival.</P> <P>(C) Sawdust, wood chips, and waste generated by sawing or processing the logs must be disposed of by burning, heat treatment in accordance with § 319.40-7(c), heat treatment with moisture reduction in accordance with § 319.40-7(d), or other processing that will destroy any plant pests associated with the sawdust, wood chips, and waste. Composting and use of the sawdust, wood chips, and waste as mulch are prohibited unless composting and use as mulch are preceded by fumigation in accordance with § 319.40-7(f)(3), heat treatment in accordance with § 319.40-7(c), or heat treatment with moisture reduction in accordance with § 319.40-7(d). Wood chips, sawdust, and waste may be moved in enclosed trucks for processing at another facility operating under a compliance agreement in accordance with § 319.40-8.</P> <P>(2) <E T="03">Raw lumber.</E> Raw lumber, including solid wood packing materials imported as cargo, from Chile or New Zealand derived from Monterey or Radiata pine (<E T="03">Pinus radiata</E>) logs and raw lumber from New Zealand derived from Douglas-fir (<E T="03">Pseudotsuga menziesii</E>) logs may be imported in accordance with paragraphs (b)(2) (i) and (ii) of this section.</P> <P>(i) During shipment to the United States, no other regulated article (other than solid wood packing materials) is permitted on the means of conveyance with the raw lumber, unless the raw lumber and the other regulated articles are in separate holds or separate sealed containers; <E T="03">Except for</E> mixed shipments of logs and raw lumber fumigated in accordance with § 319.40-7(f)(2) and moved in accordance with paragraph (b)(1)(i)(D) of this section. Raw lumber on the vessel's deck must be in a sealed container.</P> <P>(ii) The raw lumber must be consigned to a facility operating under a compliance agreement in accordance with § 319.40-8 that requires the raw lumber to be heat treated in accordance with § 319.40-7(c) or heat treated with moisture reduction in accordance with § 319.40-7(d) before any cutting, planing, or sawing of the raw lumber, and within 30 days from the time the lumber is released from the port of first arrival.</P> <P>(c) <E T="03">Tropical hardwoods—</E>(1) <E T="03">Debarked.</E> Tropical hardwood logs and lumber that have been debarked in accordance with § 319.40-7(b) may be imported subject to the inspection and other requirements of § 319.40-9.<PRTPAGE P="258"/> </P> <P>(2) <E T="03">Not debarked.</E> Tropical hardwood logs that have not been debarked may be imported if fumigated in accordance with § 319.40-7(f)(1) prior to arrival in the United States.</P> <P>(3) <E T="03">Not debarked; small lots.</E> Tropical hardwood logs that have not been debarked may be imported into the United States, other than into Hawaii, Puerto Rico, or the Virgin Islands of the United States, if imported in a lot of 15 or fewer logs and subject to the inspection and other requirements of § 319.40-9.</P> <P>(d) <E T="03">Temperate hardwoods.</E> Temperate hardwood logs and lumber (with or without bark) from all places except places in Asia that are east of 60° East Longitude and north of the Tropic of Cancer may be imported if fumigated in accordance with § 319.40-7(f) prior to arrival in the United States and subject to the inspection and other requirements of § 319.40-9.</P> <P>(e) <E T="03">Regulated articles associated with exclusively tropical climate pests.</E> Regulated articles that have been identified by a plant pest risk assessment as associated solely with plant pests that can successfully become established only in tropical or subtropical climates may be imported if:</P> <P>(1) The regulated article is imported only to a destination in the continental United States; and,</P> <P>(2) the regulated article is not imported into any tropical or subtropical areas of the United States specified in the permit.</P> <P>(f) Cross-ties (railroad ties) from all places except places in Asia that are east of 60° East Longitude and north of the Tropic of Cancer may be imported if completely free of bark and accompanied by an importer document stating that the cross-ties will be pressure treated within 30 days following the date of importation.</P> <P>(g) <E T="03">Solid wood packing material and merchandise from the Peoples Republic of China including Hong Kong.</E> This paragraph does not apply to shipments transitting the Peoples Republic of China including Hong Kong from other countries en route to the United States, unless merchandise or solid wood packing material is added to such shipments while in the Peoples Republic of China including Hong Kong. Otherwise, merchandise exported from the Peoples Republic of China including Hong Kong that is accompanied by solid wood packing material may only be entered into the United States in accordance with this paragraph (g) and paragraph (i) of this section. This restriction applies to both merchandise that originated in the Peoples Republic of China including Hong Kong and merchandise that entered the Peoples Republic of China including Hong Kong for further processing or packaging, regardless of whether the merchandise moves directly from the Peoples Republic of China including Hong Kong to the United States or transits other countries en route to the United States.</P> <P>(1) Prior to exportation from the Peoples Republic of China including Hong Kong, any solid wood packing material must be heat treated, fumigated and aerated, or treated with preservatives, using a treatment schedule contained in § 319.40-7 or in the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter. During the entire interval between treatment and export the solid wood packing material must be stored, handled, or safeguarded in a manner which excludes any infestation of the solid wood packing material by plant pests.</P> <P>(2) Any merchandise accompanied by solid wood packing material exported from the Peoples Republic of China including Hong Kong may only be entered if the importer has on file at its office, and retains there for a period of one year following the date of importation, the following documents:</P> <P>(i) A certificate signed by an official of the applicable government agency authorized by the government of the Peoples Republic of China or the government of the Hong Kong Special Administrative Region, stating that the solid wood packing material, prior to export from the Peoples Republic of China including Hong Kong, has been heat treated, fumigated and aerated, or treated with preservatives using a treatment schedule contained in § 319.40-7 or in the Plant Protection and Quarantine Treatment Manual, and</P> <P>(ii) An importer statement (a written statement by the importer affirming <PRTPAGE P="259"/>that the importer has on file at his or her office the certificate required under paragraph (g)(2)(i) of this section).</P> <P>(3) In addition to the document requirements of paragraph (g)(2) of this section, a copy of the certificate must accompany all shipments that do not enter using the United States Customs Service's electronic entry filing and Automated Broker Interface.</P> <P>(4) Upon the request of an APHIS inspector or a United States Customs Service officer, the importer must produce a copy of the certificate and importer statement issued for any shipment.</P> <P>(5) At their option, in order to expedite release of a shipment, an importer may provide a certificate to the APHIS inspector at the port of first arrival prior to the arrival of the shipment. Exporters may also at their option, in order to expedite release of their shipment at the port of first arrival, arrange to have each article of solid wood packing material that has been treated marked at the treatment facility with a stamp or weatherproof label that reads CHINA TREATED. This type of marking, however, is not a substitute for the required certificate.</P> <P>(6) If an APHIS inspector determines that a shipment imported from the Peoples Republic of China including Hong Kong contains plant pests, or contains solid wood packing material that was not heat treated, fumigated and aerated, or treated with preservatives, the APHIS inspector may refuse entry of the entire shipment (merchandise and solid wood packing material). If an importer does not produce upon request by an APHIS inspector the certificate required for a shipment imported from the Peoples Republic of China including Hong Kong containing solid wood packing material, the APHIS inspector may refuse entry into the United States of the entire shipment (merchandise and solid wood packing material) until the certificate is produced. For any shipment refused entry, if the APHIS inspector determines that the merchandise may be separated from the solid wood packing material and that the solid wood packing material may be destroyed or reexported without risk of spreading plant pests, the inspector may allow the importer to separate the merchandise from the solid wood packing material at a location and within a time period specified by the inspector to prevent the dissemination of plant pests, and destroy or reexport the solid wood packing material under supervision of an inspector. The means used to destroy solid wood packing material under this section must be incineration, or chipping followed by incineration. The importer shall be responsible for all costs associated with inspection, separation, and destruction or reexportation of any solid wood packing material, including costs of the services of an inspector to monitor such activities, in accordance with § 354.3(j) of this chapter. Any such costs may be charged to the importer's customs bond.</P> <P>(h) <E T="03">Cargo from the Peoples Republic of China including Hong Kong that does not contain solid wood packing material.</E> Merchandise exported from the Peoples Republic of China including Hong Kong that is not accompanied by any solid wood packing material must have attached to the commercial invoice, the bill of lading, or the airway bill, an exporter statement stating that the shipment contains no solid wood packing material. As an alternative to attaching the exporter statement to the paperwork presented at entry, the importer may provide the exporter statement to the APHIS inspector at the port of entry prior to arrival of the shipment. Any shipment is subject to inspection for solid wood packing material, and if such inspection is ordered by an inspector, the shipment will not be granted entry into the United States prior to completion of the inspection. If the inspection reveals solid wood packing material, the inspector may refuse entry into the United States of the entire shipment (merchandise and solid wood packing material). Any shipment refused entry will be handled in accordance with the procedures in paragraph (g)(6) of this section. The importer shall be responsible for all costs associated with inspection, separation, and destruction or reexportation of any solid wood packing material, including costs of the services of an inspector to monitor such activities <PRTPAGE P="260"/>in accordance with § 354.3(j) of this chapter. Any such costs may be charged to the importer's customs bond.</P> <P>(i) <E T="03">Special provisions for air overnight couriers and air express delivery companies.</E> Overnight couriers and express delivery companies must present to an APHIS inspector at the port of first arrival, at or prior to the time of entry, one or more certificates for each arriving aircraft that carries packages employing solid wood packing material. The company may present one certificate in cases where the company has arranged treatment of all solid wood packing material on the flight, and may present multiple certificates in cases where packages with solid wood packing material were accepted for delivery by the company from multiple customers, each of whom arranged for treatment and certification of their respective packages. The certificates must be signed by an official of the applicable government agency authorized by the government of the Peoples Republic of China or the Hong Kong Special Administrative Region, and must state that the solid wood packing material, prior to export from the Peoples Republic of China including Hong Kong, has been heat treated, fumigated and aerated, or treated with preservatives using a treatment schedule contained in § 319.40-7 or in the Plant Protection and Quarantine Treatment Manual. If the aircraft contains no packages that employ solid wood packing material, or contains both packages that do and do not employ solid wood packing material, the overnight courier or express delivery company must also present to an APHIS inspector at the port of first arrival, at or prior to the time of entry, one or more exporter statements stating that the packages on the aircraft not covered by a certificate contain no solid wood packing material.</P> <P>(j) <E T="03">Customs entry or entry summary filing requirements.</E> By instruction, the United States Customs Service will inform importers of any information that may be required on entry or entry summary documentation under the Automated Broker Interface or other entry filing systems, electronic or otherwise, with regard to recording the existence of certificates, importer statements affirming that the importer has on file at his or her office any certificate required, and exporter statements that there is no solid wood packing material in a shipment.</P> <P>(k) <E T="03">Liability under the Customs import bond and international carrier bond.</E> Any failure of an importer to comply with any of the provisions regarding the maintenance or presentation of records or information as prescribed in this subpart may result in liability under the Customs basic import bond. Any failure of a carrier to comply with any of the provisions regarding the maintenance or presentation of records or information as prescribed in this subpart may result in liability under the international carrier bond.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 63 FR 69542, Dec. 17, 1998; 64 FR 59604, Nov. 3, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-6</SECTNO> <SUBJECT>Universal importation options.</SUBJECT> <P>(a) <E T="03">Logs.</E> Logs may be imported if prior to importation the logs have been debarked in accordance with § 319.40-7(b) and heat treated in accordance with § 319.40-7(c). During the entire interval between treatment and export, the logs must be stored and handled in a manner which excludes any access to the logs by plant pests.</P> <P>(b) <E T="03">Lumber—</E>(1) <E T="03">Heat treated or heat treated with moisture reduction.</E> Lumber that prior to importation has been heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d), may be imported in accordance with paragraphs (b)(1) (i) and (ii) of this section.</P> <P>(i) During shipment to the United States, no other regulated article (other than solid wood packing materials) is permitted on the means of conveyance with the lumber, unless the lumber and the other regulated articles are in separate holds or separate sealed containers, or, if the lumber and other regulated articles are mixed in a hold or sealed container, all the regulated articles have been heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d). Lumber on the vessel's deck must be in a sealed <PRTPAGE P="261"/>container, unless it has been heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(ii) If lumber has been heat treated in accordance with § 319.40-7(c), that fact must be stated on the importer document, or by a permanent marking on each piece of lumber in the form of the letters “HT” or the words “Heat Treated.” If lumber has been heat treated with moisture reduction in accordance with § 319.40-7(d), that fact must be stated on the importer document, or by a permanent marking, on each piece of lumber or on the cover of bundles of lumber, in the form of the letters “KD” or the words “Kiln Dried.”</P> <P>(2) <E T="03">Raw lumber.</E> Raw lumber, including solid wood packing materials imported as cargo, from all places except places in Asia that are east of 60° East Longitude and north of the Tropic of Cancer may be imported in accordance with paragraphs (b)(2) (i) and (ii) of this section.</P> <P>(i) During shipment to the United States, no other regulated article (other than solid wood packing materials) is permitted on the means of conveyance with the raw lumber, unless the raw lumber and the other regulated articles are in separate holds or separate sealed containers. Raw lumber on the vessel's deck must be in a sealed container.</P> <P>(ii) The raw lumber must be consigned to a facility operating under a compliance agreement in accordance with § 319.40-8 that requires the raw lumber to be heat treated in accordance with § 319.40-7(c) or heat treated with moisture reduction in accordance with § 319.40-7(d), within 30 days from the time the lumber is released from the port of first arrival. Heat treatment must be completed before any cutting, planing, or sawing of the raw lumber.</P> <P>(c) <E T="03">Wood chips and bark chips</E>—(1) <E T="03">From Chile.</E> Wood chips from Chile that are derived from Monterey or Radiata pine <E T="03">(Pinus radiata)</E> logs may be imported in accordance with § 319.40-6(c)(2) or in accordance with the following requirements:</P> <P>(i) The wood chips must be accompanied by a certificate stating that the wood chips meet the requirements in paragraphs (c)(1)(i)(A) through (c)(1)(i)(C) of this section.</P> <P>(A) The wood chips were treated with a surface pesticide treatment in accordance with § 319.40-7(e) within 24 hours after the log was chipped and were retreated with a surface pesticide treatment in accordance with § 319.40-7(e) if more than 30 days elapsed between the date of the first treatment and the date of export to the United States.</P> <P>(B) The wood chips were derived from logs from live, healthy, plantation-grown trees that were apparently free of plant pests, plant pest damage, and decay organisms, and the logs used to make the wood chips were debarked in accordance with § 319.40-7(b) before being chipped.</P> <P>(C) No more than 45 days elapsed from the time the trees used to make the wood chips were felled to the time the wood chips were exported.</P> <P>(ii) During shipment to the United States, no other regulated articles (other than solid wood packing materials) are permitted in the holds or sealed containers carrying the wood chips. Wood chips on the vessel's deck must be in a sealed container.</P> <P>(iii) The wood chips must be consigned to a facility in the United States that operates under a compliance agreement in accordance with § 319.40-8. The following requirements apply upon arrival of the wood chips in the United States:</P> <P>(A) Upon arrival in the United States, the wood chips must be unloaded by a conveyor that is covered to prevent the chips from being blown by the wind and from accidental spillage. The facility receiving the wood chips must have a procedure in place to retrieve any chips that fall during unloading.</P> <P>(B) If the wood chips must be transported after arrival, the chips must be covered or safeguarded in a manner that prevents the chips from spilling or falling off the means of conveyance or from being blown off the means of conveyance by wind.</P> <P>(C) The wood chips must be stored at the facility on a paved surface and must be kept segregated from other regulated articles from the time of discharge from the means of conveyance <PRTPAGE P="262"/>until the chips are processed. The storage area must not be adjacent to wooded areas.</P> <P>(D) The wood chips must be processed within 45 days of arrival at the facility. Any fines or unusable wood chips must be disposed of by burning within 45 days of arrival at the facility.</P> <P>(2) <E T="03">From locations other than certain places in Asia.</E> Wood chips and bark chips from any place except places in Asia that are east of 60° east longitude and north of the Tropic of Cancer may be imported in accordance with this paragraph.</P> <P>(i) The wood chips or bark chips must be accompanied by an importer document stating that the wood chips or bark chips were either:</P> <P>(A) Derived from live, healthy, tropical species of plantation-grown trees grown in tropical areas; or</P> <P>(B) Fumigated with methyl bromide in accordance with § 319.40-7(f)(3), heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(ii) During shipment to the United States, no other regulated articles (other than solid wood packing materials) are permitted in the holds or sealed containers carrying the wood chips or bark chips. Wood chips or bark chips on the vessel's deck must be in a sealed container; <E T="03">Except that:</E> If the wood chips or bark chips are derived from live, healthy, plantation-grown trees in tropical areas, they may be shipped on deck if no other regulated articles are present on the vessel and the wood chips or bark chips are completely covered by a tarpaulin during the entire journey directly to the United States.</P> <P>(iii) The wood chips or bark chips must be free from rot at the time of importation, unless accompanied by an importer document stating that the entire lot was fumigated with methyl bromide in accordance with § 319.40-7(f)(3), heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(iv) Wood chips or bark chips imported in accordance with this paragraph must be consigned to a facility operating under a compliance agreement in accordance with § 319.40-8. The wood chips or bark chips must be burned, heat treated in accordance with § 319.40-7(c), heat treated with moisture reduction in accordance with § 319.40-7(d), or otherwise processed in a manner that will destroy any plant pests associated with the wood chips or bark chips within 30 days of arrival at the facility. If the wood chips or bark chips are to be used for mulching or composting, they must first be fumigated in accordance with § 319.40-7(f)(3), heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(d) <E T="03">Wood mulch, humus, compost, and litter.</E> Wood mulch, humus, compost, and litter may be imported if accompanied by an importer document stating that the wood mulch, humus, compost, or litter was fumigated in accordance with § 319.40-7(f)(3), heat treated in accordance with § 319.40-7(c), or heat treated with moisture reduction in accordance with § 319.40-7(d).</P> <P>(e) <E T="03">Cork and bark.</E> Cork and cork bark, cinnamon bark, and other bark to be used for food, manufacture of medicine, or chemical extraction may be imported if free from rot at the time of importation and subject to the inspection and other requirements of § 319.40-9.</P> <CITA>[60 FR 27679, May 25, 1995; 60 FR 30157, June 7, 1995, as amended at 65 FR 21127, Apr. 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-7</SECTNO> <SUBJECT>Treatments and safeguards.</SUBJECT> <P>(a) <E T="03">Certification of treatments or safeguards.</E> If APHIS determines that a document required for the importation of regulated articles is inaccurate, the regulated articles which are the subject of the certificate or other document shall be refused entry into the United States. In addition, APHIS may determine not to accept any further certificates for the importation of regulated articles in accordance with this subpart from a country in which an inaccurate certificate is issued, and APHIS may determine not to allow the importation of any or all regulated articles from any such country, until corrective action acceptable to APHIS establishes that certificates issued in that country will be accurate.<PRTPAGE P="263"/> </P> <P>(b) <E T="03">Debarking.</E> Except for raw lumber, no more than 2 percent of the surface of all regulated articles in a lot may retain bark, with no single regulated article retaining bark on more than 5 percent of its surface. For raw lumber, debarking must remove 100 percent of the bark.</P> <P>(c) <E T="03">Heat treatment.</E> Heat treatment must be performed only at a facility where APHIS or an inspector authorized by the Administrator and the national government of the country in which the facility is located has inspected the facility and determined that its operation complies with the standards of this paragraph. Heat treatment procedures may employ steam, hot water, kilns, exposure to microwave energy, or any other method (e.g., the hot water and steam techniques used in veneer production) that raises the temperature of the center of each treated regulated article to at least 71.1 °C and maintains the regulated article at that center temperature for at least 75 minutes. For regulated articles heat treated prior to arrival in the United States, during the entire interval between treatment and export the regulated article must be stored, handled, or safeguarded in a manner which excludes any infestation of the regulated article by plant pests.</P> <P>(d) <E T="03">Heat treatment with moisture reduction.</E> (1) Heat treatment with moisture reduction may employ:</P> <P>(i) Kiln drying conducted in accordance with the schedules prescribed for the regulated article in the Dry Kiln Operator's Manual, Agriculture Handbook 188, which is incorporated by reference at § 300.1 of this chapter; or,</P> <P>(ii) Dry heat, exposure to microwave energy, or any other method that raises the temperature of the center of each treated regulated article to at least 71.1 °C, maintains the regulated articles at that center temperature for at least 75 minutes, and reduces the moisture content of the regulated article to 20 percent or less as measured by an electrical conductivity meter.</P> <P>(2) For regulated articles heat treated with moisture reduction prior to arrival in the United States, during the entire interval between treatment and export the regulated article must be stored, handled, or safeguarded in a manner which excludes any infestation of the regulated article by plant pests.</P> <P>(e) <E T="03">Surface pesticide treatments.</E> All United States Environmental Protection Agency registered surface pesticide treatments are authorized for regulated articles imported in accordance with this subpart, except that <E T="03">Pinus radiata</E> wood chips from Chile must be treated in accordance with § 319.40-7(e)(2). Surface pesticide treatments must be conducted in accordance with label directions approved by the United States Environmental Protection Agency. Under the following circumstances, surface pesticide treatments must also be conducted as follows:</P> <P>(1) <E T="03">Heat treated logs.</E> When used on heat treated logs, a surface pesticide treatment must be first applied within 48 hours following heat treatment. The surface pesticide treatment must be repeated at least every 30 days during storage of the regulated article, with the final treatment occurring no more than 30 days prior to departure of the means of conveyance that carries the regulated articles to the United States.</P> <P>(2) <E T="03">Pinus radiata wood chips from Chile.</E> When used on <E T="03">Pinus radiata</E> wood chips from Chile, a surface pesticide consisting of the following must be used: A mixture of a fungicide containing 64.8percent of the active ingredient didecyl dimethyl ammonium chloride and 7.6 percent of the active ingredient 3-iodo-2-propynl butylcarbamate and an insecticide containing 44.9percent of the active ingredient chlorpyrifos phosphorothioate. The wood chips must be sprayed with the pesticide so that all the chips are exposed to the chemical on all sides. During the entire interval between treatment and export, the wood chips must be stored, handled, or safeguarded in a manner that prevents any infestation of the wood chips by plant pests.</P> <P>(f) <E T="03">Methyl bromide fumigation.</E> The following minimum standards for methyl bromide fumigation treatment are authorized for the regulated articles listed in paragraphs (f)(1) through (f)(3) of this section. Any method of fumigation that meets or exceeds the specified <PRTPAGE P="264"/>temperature/time/concentration products is acceptable. Following fumigation, fumigated products must be aerated to reduce the concentration of fumigant below hazardous levels, in accordance with the Treatment Manual and label instructions approved by the U.S. Environmental Protection Agency.</P> <P>(1) <E T="03">Logs</E>—(i) <E T="03">T-312 schedule.</E> The entire log and the ambient air must be at a temperature of 5 °C or above throughout fumigation. The fumigation must be conducted using schedule T-312 contained in the Treatment Manual. In lieu of the schedule T-312 methyl bromide concentration, fumigation may be conducted with an initial methyl bromide concentration of at least 240 g/m<SU>3</SU> with exposure and concentration levels adequate to provide a concentration-time product of at least 17,280 gram-hours calculated on the initial methyl bromide concentration.</P> <P>(ii) <E T="03">T-404 schedule.</E> The entire log and the ambient air must be at a temperature of 5 °C or above throughout fumigation. The fumigation must be conducted using schedule T-404 contained in the Treatment Manual. In lieu of the schedule T-404 methyl bromide concentration, fumigation may be conducted with an initial methyl bromide concentration of at least 120 g/m<SU>3</SU> with exposure and concentration levels adequate to provide a concentration-time product of at least 1920 gram-hours calculated on the initial methyl bromide concentration.</P> <P>(2) <E T="03">Lumber.</E> The lumber and the ambient air must be at a temperature of 5 °C or above throughout fumigation. The fumigation must be conducted using schedule T-404 contained in the Treatment Manual. In lieu of the schedule T-404 methyl bromide concentration, fumigation may be conducted with an initial methyl bromide concentration of at least 120 g/m<E T="51">3</E> with exposure and concentration levels adequate to provide a concentration-time product of at least 1920 gram-hours calculated on the initial methyl bromide concentration.</P> <P>(3) <E T="03">Regulated articles other than logs or lumber.</E> (i) If the ambient air and the regulated articles other than logs or lumber are at a temperature of 21 °C or above throughout fumigation, the fumigation must be conducted using schedule T-404 contained in the Treatment Manual. In lieu of the schedule T-404 methyl bromide concentration, fumigation may be conducted with an initial methyl bromide concentration of at least 48 g/m<E T="51">3</E> with exposure and concentration levels adequate to provide a concentration-time product of at least 760 gram-hours calculated on the initial methyl bromide concentration.</P> <P>(ii) If the ambient air and the regulated articles other than logs or lumber are at a temperature of 4.5-20.5 °C throughout fumigation, the fumigation must be conducted using schedule T-404 contained in the Treatment Manual. In lieu of the schedule T-404 methyl bromide concentration, fumigation may be conducted with an initial methyl bromide concentration of at least 120 g/m<E T="51">3</E> with exposure and concentration levels adequate to provide a concentration-time product of at least 1920 gram-hours calculated on the initial methyl bromide concentration.</P> <P>(g) <E T="03">Preservatives.</E> All preservative treatments that use a preservative product that is registered by the United States Environmental Protection Agency are authorized for treatment of regulated articles imported in accordance with this subpart. Preservative treatments must be performed in accordance with label directions approved by the United States Environmental Protection Agency.</P> <CITA>[60 FR 27674, May 25, 1999, as amended at 64 FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-8</SECTNO> <SUBJECT>Processing at facilities operating under compliance agreements.</SUBJECT> <P>(a) Any person who operates a facility in which imported regulated articles are processed may enter into a compliance agreement to facilitate the importation of regulated articles under this subpart. The compliance agreement shall specify the requirements necessary to prevent spread of plant pests from the facility, requirements to ensure the processing method effectively destroys plant pests, and the requirements for the application of chemical materials in accordance with the Treatment Manual. The compliance agreement shall also state that <PRTPAGE P="265"/>inspectors must be allowed access to the facility to monitor compliance with the requirements of the compliance agreement and of this subpart. Compliance agreement forms may be obtained from the Administrator or an inspector.</P> <P>(b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement, orally or in writing, whenever the inspector finds that the person who entered into the compliance agreement has failed to comply with the conditions of the compliance agreement. If the cancellation is oral, the decision to cancel the compliance agreement and the reasons for cancellation of the compliance agreement shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny the appeal, in writing, stating the reasons for granting or denying the appeal, as promptly as circumstances permit. If there is a conflict as to any material fact and the person whose compliance agreement has been canceled requests a hearing, a hearing shall be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 319.40-9</SECTNO> <SUBJECT>Inspection and other requirements at port of first arrival.</SUBJECT> <P>(a) <E T="03">Procedures for all regulated articles.</E> (1) All imported regulated articles shall be inspected at the port of first arrival. If the inspector finds signs of plant pests on or in the regulated article, or finds that the regulated article may have been associated with other articles infested with plant pests, the regulated article shall be cleaned or treated as required by an inspector, and the regulated article and any products of the regulated article shall also be subject to reinspection, cleaning, and treatment at the option of an inspector at any time and place before all applicable requirements of this subpart have been accomplished.</P> <P>(2) Regulated articles shall be assembled for inspection at the port of first arrival, or at any other place prescribed by an inspector, at a place and time and in a manner designated by an inspector.</P> <P>(3) If an inspector finds that an imported regulated article is so infested with a plant pest that, in the judgment of the inspector, the regulated article cannot be cleaned or treated, or contains soil or other prohibited contaminants, the entire lot may be refused entry into the United States.</P> <P>(4) No person shall move any imported regulated article from the port of first arrival unless and until an inspector notifies the person, in writing or through an electronic database, that the regulated article:</P> <P>(i) Is in compliance with all applicable regulations and has been inspected and found to be apparently free of plant pests; <SU>3</SU> <FTREF/> or,</P> <FTNT> <P> <SU>3</SU> Certain regulated articles may also be subject to §§ 319.56 through 319.56-8, “Subpart—Fruits and Vegetables,” or to the noxious weed regulations under part 360 of this chapter, or to Endangered Species Act regulations under parts 355 and 356 of this chapter and 50 CFR parts 17 and 23.</P> </FTNT> <P>(ii) Has been inspected and the inspector requires reinspection, cleaning, or treatment of the regulated article at a place other than the port of first arrival.</P> <P>(b) <E T="03">Notice of arrival; visual examination of regulated articles at port of first arrival.</E> (1) At least 7 days prior to the expected date of arrival in the United States of a shipment of regulated articles imported in accordance with this subpart, the permittee or his or her agent must notify the APHIS Officer in Charge at the port of arrival of the date of expected arrival. The address and telephone number of the APHIS Officer in Charge will be specified in any specific permit issued by APHIS <SU>4</SU> <FTREF/>. This notice may be in writing or by telephone. The notice must include the number of any specific permit issued <PRTPAGE P="266"/>for the regulated articles; the name, if any, of the means of conveyance carrying the regulated articles; the type and quantity of the regulated articles; the expected date of arrival; the country of origin of the regulated articles; the name and the number, if any, of the dock or area where the regulated articles are to be unloaded; and the name of the importer or broker at the port of arrival.</P> <FTNT> <P> <SU>4</SU> A list of APHIS Officers in Charge may be obtained from the Administrator, c/o Port Operations, Plant Protection and Quarantine, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737.</P> </FTNT> <P>(2) Imported regulated articles which have been debarked in accordance with § 319.40-7(b) and can be safely and practically inspected will be visually examined for plant pests by an inspector at the port of first arrival. If plant pests are found on or in the regulated articles or if the regulated article cannot be safely and practically inspected, the regulated articles must be treated in accordance with the Treatment Manual.</P> <P>(c) <E T="03">Marking and identity of regulated articles.</E> Any regulated article, at the time of importation shall bear on the outer container (if in a container), on the regulated article (if not in a container), or on a document accompanying the regulated article the following information:</P> <P>(1) General nature and quantity of the regulated articles;</P> <P>(2) Country and locality, if known, where the tree from which the regulated article was derived was harvested;</P> <P>(3) Name and address of the person importing the regulated article;</P> <P>(4) Name and address of consignee of the regulated article;</P> <P>(5) Identifying shipper's mark and number; and</P> <P>(6) Number of the permit (if one was issued) authorizing the importation of the regulated article into the United States.</P> <P>(d) <E T="03">Sampling for plant pests at port of first arrival.</E> Any imported regulated article may be sampled for plant pests at the port of first arrival. If an inspector finds it necessary to order treatment of a regulated article at the port of first arrival, any sampling will be done prior to treatment.</P> <CITA>[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of an inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer.<SU>5</SU> <FTREF/> The inspector may require the importer to furnish any labor, chemicals, packing materials, or other supplies required in handling regulated articles under this subpart. APHIS will not be responsible for any costs or charges, other than those identified in this section.</P> <FTNT> <P> <SU>5</SU> Provisions relating to costs for other services of an inspector, including services related to extra inspection and separation of cargo from packing material for shipments that arrive without a complete certificate or exporter statement as required, are contained in part 354 of this chapter.</P> </FTNT> <CITA>[60 FR 27674, May 25, 1995, as amended at 63 FR 50111, Sept. 18, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.40-11</SECTNO> <SUBJECT>Plant pest risk assessment standards.</SUBJECT> <P>When evaluating a request to import a regulated article not allowed importation under this subpart, or a request to import a regulated article under conditions other than those prescribed by this subpart, APHIS will conduct the following analysis to determine the plant pest risks associated with each requested importation in order to determine whether or not to issue a permit under this subpart or to propose regulations establishing conditions for the importation into the United States of the regulated article.</P> <P>(a) <E T="03">Collecting commodity information.</E> (1) APHIS will evaluate the application for information describing the regulated article and the origin, processing, treatment, and handling of the regulated article; and</P> <P>(2) APHIS will evaluate history of past plant pest interceptions or introductions (including data from foreign countries) associated with the regulated article.</P> <P>(b) <E T="03">Cataloging quarantine pests.</E> For the regulated article specified in an application, APHIS will determine what plant pests or potential plant pests are associated with the type of tree from which the regulated article was derived, in the country and locality from <PRTPAGE P="267"/>which the regulated article is to be exported. A plant pest that meets one of the following criteria is a quarantine pest and will be further evaluated in accordance with paragraph (c) of this section:</P> <P>(1) Non-indigenous plant pest not present in the United States;</P> <P>(2) Non-indigenous plant pest, present in the United States and capable of further dissemination in the United States;</P> <P>(3) Non-indigenous plant pest that is present in the United States and has reached probable limits of its ecological range, but differs genetically from the plant pest in the United States in a way that demonstrates a potential for greater damage potential in the United States;</P> <P>(4) Native species of the United States that has reached probable limits of its ecological range, but differs genetically from the plant pest in the United States in a way that demonstrates a potential for greater damage potential in the United States; or</P> <P>(5) Non-indigenous or native plant pest that may be able to vector another plant pest that meets one of the criteria in paragraphs (b)(1) through (4) of this section.</P> <P>(c) <E T="03">Determining which quarantine pests to assess.</E> (1) APHIS will divide quarantine pests identified in paragraph (b) of this section into groups depending upon where the plant pest is most likely to be found. The plant pests would be grouped as follows:</P> <P>(i) Plant pests found on the bark;</P> <P>(ii) Plant pests found under the bark; and</P> <P>(iii) Plant pests found in the wood.</P> <P>(2) APHIS will subdivide each of the groups in paragraph (c)(1) of this section into associated taxa.</P> <P>(3) APHIS will rank the plant pests in each group in paragraph (c)(2) of this section according to plant pest risk, based on the available biological information and demonstrated plant pest importance.</P> <P>(4) APHIS will identify any plant pests ranked in paragraph (c)(3) of this section for which plant pest risk assessments have previously been performed in accordance with this section. APHIS will conduct individual plant pest risk assessments for the remaining plant pests, starting with the highest ranked plant pest(s) in each group.</P> <P>(5) The number of plant pests in each group to be evaluated through individual plant pest risk assessment will be based on biological similarities of members of the group as they relate to measures taken in connection with the importation of the regulated article to mitigate the plant pest risk associated with the regulated article. For example, if the plant pest risk assessment for the highest ranked plant pest indicates a need for a mitigation measure that would result in the same reduction of risk for other plant pests ranked in the group, the other members need not be subjected to individual plant pest risk assessment.</P> <P>(d) <E T="03">Conducting individual plant pest risk assessments.</E> APHIS will evaluate each of the plant pests identified in paragraph (c)(4) of this section by:</P> <P>(1) Estimation of the probability of the plant pest being on, with, or in the regulated article at the time of importation;</P> <P>(2) Estimation of the probability of the plant pest surviving in transit on the regulated article and entering the United States undetected;</P> <P>(3) Estimation of the probability of the plant pest colonizing once it has entered into the United States;</P> <P>(4) Estimation of the probability of the plant pest spreading beyond any colonized area; and</P> <P>(5) Estimation of the damage to plants that could be expected upon introduction and dissemination within the United States of the plant pest.</P> <P>(e) <E T="03">Estimating unmitigated overall plant pest risk.</E> APHIS will develop an estimation of the overall plant pest risk associated with importing the regulated article based on compilation of individual plant pest risk assessments performed in accordance with paragraph (d) of this section.</P> <P>(f) <E T="03">Evaluating available requirements to determine whether they would allow safe importation of the regulated article.</E> The requirements of this subpart, and any other requirements relevant to the regulated article and plant pests involved, will be compared with the individual plant pest risk assessments in order to <PRTPAGE P="268"/>determine whether particular conditions on the importation of the regulated article would reduce the plant pest risk to an insignificant level. If APHIS determines that the imposition of particular conditions on the importation of the regulated article could reduce the plant pest risk to an insignificant level, and determines that sufficient APHIS resources are available to implement or ensure implementation of the conditions, APHIS will implement rulemaking to allow importation of the requested regulated article under the conditions identified by the plant pest risk assessment process.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Indian Corn or Maize, Broomcorn, and Related Plants</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.41</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The fact has been determined by the Secretary of Agriculture, and notice given, that dangerous plant pests, including the so-called European corn borer (Ostrinia nubilalis Hubn.), and also other dangerous insects, as well as plant diseases not heretofore widely prevalent or distributed within and throughout the United States, exist, as to one or more of such pests, in Europe, Asia, Africa, Dominion of Canada, Mexico, Central and South America, and other foreign countries and localities, and may be introduced into this country through importations of the stalks or other parts of Indian corn or maize, broomcorn, and related plants.</P> <P>(b) To prevent the introduction of these plant pests, the following articles may not be imported into the United States except in accordance with this subpart: The raw or unmanufactured stalk and all other parts of Indian corn or maize (<E T="03">Zea mays</E> L.), broomcorn(<E T="03">Andropogon sorghum</E> var. <E T="03">technicus</E>), sweet sorghums (<E T="03">Andropogon sorghum</E>), grain sorghums(<E T="03">Andropogon sorghum</E>), Sudan grass (<E T="03">Andropogon sorghum</E> sudanensis), Johnson grass (<E T="03">Andropogon halepensis</E>), sugarcane (<E T="03">Saccharum officinarum</E>), including Japanese varieties, pearl millet (<E T="03">Pennisetum glaucum</E>), napier grass (<E T="03">Pennisetum purpureum</E>), teosinte (<E T="03">Euchlaena luxurians</E>), and jobs-tears (<E T="03">Coix lachryma-Jobi</E>).</P> <P>(c) When the public interests will permit, the Deputy Administrator of the Plant Protection and Quarantine Programs may, upon request in specific cases, authorize such importations into Guam under conditions specified in the permit that are less stringent than those contained in this subpart.</P> <P>(d) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.41a</SECTNO> <SUBJECT>Administrative instructions relating to entry into Guam of broomcorn, brooms, and similar articles.</SUBJECT> <P>(a) Broomcorn for manufacturing purposes, and brooms and similar articles made of broomcorn may be imported into Guam without further permit, other than the authorization contained in this section, and without other restriction under this subpart. Notice of arrival for such importations is not necessary inasmuch as there is available to the inspector the essential information normally supplied by the importer at time of importation. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part 319, disposition may be made in accordance with § 330.106 of this chapter.</P> <P>(b) Shelled corn and seeds of other plants listed in § 319.41, and mature corn on the cob, may be imported into Guam without further permit, other than the authorization contained in this section and without other restriction under this subpart, but such importations are subject to the requirements of § 319.37-4(a).</P> <P>(c) Green corn on the cob may be imported into Guam without restriction under this subpart, but such importations are subject to the requirements of § 319.56-2.</P> </SECTION> <SECTION> <PRTPAGE P="269"/> <SECTNO>§ 319.41b</SECTNO> <SUBJECT>Administrative instructions prescribing conditions for entry of broomstraw without treatment.</SUBJECT> <P>Broomstraw, sometimes referred to as “combed stalkless”, when consisting of individual straws entirely free from stems, stalks, stubs of stalks, and leaves, may be imported from all countries without seasonal limitation through ports of entry designated in the permit, provided it is bundled and baled to prevent breakage and scattering and to facilitate inspection, in the following manner:</P> <P>(a) The broomstraw shall be assembled into bundles with the base of the individual straws at the same end, no alternating of layers being permitted.</P> <P>(b) Each bundle shall be securely tied to prevent breakage.</P> <P>(c) Individual bundles shall be compacted, grouped into bales, and so arranged that the butt of each bundle is exposed on the outside of the bale.</P> <P>(d) Each bale shall be securely bound to prevent shifting or loosening of the bundles in transit.</P> <P>(e) Broomstraw found upon inspection at the port of entry to contain stems, stalks, stubs of stalks, or leaves shall be sterilized under the supervision of an inspector. Broomstraw contaminated in the aforesaid manner, from countries other than those on the North or South American Continents or the West Indies, shall be considered as broomcorn and shall be subject to compliance with § 319.41-3(b).</P> <CITA>[25 FR 12809, Dec. 14, 1960]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 319.41-1</SECTNO> <SUBJECT>Plant products permitted entry. <SU>1</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU>Except as provided in § 319.41-6 the regulations in this subpart do not authorize importations through the mails.</P> </FTNT> <P>Except as restricted from certain countries and localities by special quarantines and other orders now in force, <SU>2</SU> <FTREF/> and by such as may hereafter be promulgated, the following articles may be imported:</P> <FTNT> <P> <SU>2</SU> The entry of the following plants and plant products is prohibited or restricted by specific quarantines and other restrictive orders now in force.</P> <P>(a) Living canes of sugarcane, or cuttings or parts thereof, from all foreign countries. (§ 319.15.)</P> <P>(b) Except as provided for in paragraph (c) for corn seed from New Zealand, seed and all other portions in the raw or unmanufactured state of Indian corn or maize (Zea mays L.), and the closely related plants, including all species of Teosinte (Euchlaena), jobs-tears (Coix), Polytoca, Chionachne, Sclerachne, and Trilobachne, from Australia, Burma, Cambodia, China, Formosa, India, Indonesia, Japan and adjacent islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North Viet-Nam, Oceania, Pakistan, Philippines, Ryukyu Islands, Thailand, and Viet-Nam. (§ 319.24.)</P> <P>(c) Seed of Indian corn or maize (<E T="03">Zea mays L.</E>) that is free from the cob and from all other parts of corn may be imported into the United States from New Zealand without further restriction. (§ 319.24.).</P> </FTNT> <P>(a) Subject only to the requirements of paragraphs (a), (b), and (c) of § 319.41-5:</P> <P>(1) Green corn on the cob, in small lots for local use only, from adjacent areas of Canada.</P> <P>(2) Articles made of the stalks, leaves, or cobs of corn, when prepared, manufactured, or processed in such manner that in the judgment of the inspector no pest risk is involved in their entry.</P> <P>(3) Corn silk.</P> <P>(b) Upon compliance with the regulations in this subpart:</P> <P>(1) Broomcorn for manufacturing purposes, brooms or similar articles made of broomcorn, clean shelled corn, and clean seed of the other plants covered by § 319.41.</P> <P>(2) Corn on the cob, green or mature, from the provinces of Canada west of and including Manitoba,<SU>3</SU> <FTREF/> and from Mexico, Central America, South America, the West Indies, the Bahamas, and Bermuda.</P> <FTNT> <P> <SU>3</SU>A quarantine is maintained by Canada to prevent spread of the European corn borer from the infested eastern areas to the still uninfested Provinces west of Ontario.</P> </FTNT> <P>(c) Seed of Indian corn or maize (<E T="03">Zea mays L.</E>) that is free from the cob and from all other parts of corn may be imported into the United States from New Zealand without further restriction.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993]</CITA> </SECTION> <SECTION> <PRTPAGE P="270"/> <SECTNO>§ 319.41-2</SECTNO> <SUBJECT>Application for permits.</SUBJECT> <P>(a) Persons contemplating the importation of any of the articles specified in § 319.41-1(b), shall first make application to the Plant Protection and Quarantine Programs for a permit, stating in the application the name and address of the exporter, the country and locality where grown, the port of arrival, and the name and address of the importer in the United States to whom the permit should be sent. Unless otherwise stated in the permit, all permits will be valid from date of issuance until revoked.</P> <P>(b) Applications for permits should be made in advance of the proposed shipments; but if, through no fault of the importer, a shipment should arrive before a permit is received, the importation will be held in customs custody at the risk and expense of the importer for a period not exceeding 20 days pending the receipt of the permit.</P> <P>(c) Applications may be made by telegraph, in which case the information required above must be given.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.41-3</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <P>(a) On approval by the Deputy Administrator of the Plant Protection and Quarantine Programs of the application mentioned in § 319.41-2, a permit will be issued.</P> <P>(b) For broomcorn and brooms and similar articles made of broomcorn, permits will be issued by the Deputy Administrator of the Plant Protection and Quarantine Programs for such ports as may be designated therein, except that permits will be issued for the entry of broomcorn originating in countries other than those in the North or South American Continents or the West Indies only through the ports of Baltimore, Boston, New York, and Norfolk, or through other northeastern ports which may from time to time be designated in the permit, and at which facilities for treatment of infested material may be available, such entry to be limited to those shipments accompanied by on-board bills of lading dated within the period September 15 through February 15 of the succeeding year, both dates inclusive. Permits will not be issued for the entry of broomcorn from any source through ports on the Pacific Coast.</P> <P>(c) For shelled corn and for seeds of other plants listed in § 319.41, and for corn on the cob, green or mature, from the land areas designated in § 319.41(b)(2), permits will be issued for ports where the Plant Protection and Quarantine Programs maintains an inspection service and for such other ports as may be designated in the permit.</P> <P>(d) Pending development of adequate treating facilities in Guam, any of the articles specified in § 319.41-1 that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a U.S. port of arrival where such treating facilities are available.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 33 FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.41-4</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <P>Immediately upon arrival of the importation at the port of arrival the permittee shall submit, in duplicate, notice to the Plant Protection and Quarantine Programs, through the U.S. Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on forms provided for that purpose, stating the number of the permit, the date of entry, the name of ship or vessel, railroad, or other carrier, the country and locality where the articles were grown, the name of the foreign shipper, the quantity or number of bales or containers, and the marks and numbers on the bales or containers, the port of arrival, and the name of the importer or broker at the port of arrival.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.41-5</SECTNO> <SUBJECT>Condition of entry.</SUBJECT> <P>(a) The entry of the articles covered by § 319.41-1 is conditioned on their freedom from the European corn borer <PRTPAGE P="271"/>and other injurious insects and plant diseases, and upon their freedom from contamination with plant materials prohibited entry under other quarantines. All shipments of these articles shall be subject to inspection at the port of arrival by an inspector of the Plant Protection and Quarantine Programs, in order to determine their freedom from such insects and diseases and from contaminating materials, and to such sterilization, grinding, or other necessary treatment as the inspector may prescribe. Should an importation be found on inspection to be so infested or infected or contaminated that, in the judgment of the inspector, it can not be made safe by sterilization or other treatment, the entire shipment may be refused entry.</P> <P>(b) When entry under sterilization or other treatment is permitted, the importation will be released to the permittee for such treatment, upon the filing with the appropriate customs official of a bond in the amount of $5,000, or in an amount equal to the invoice value, if such value be less than $5,000, with approved sureties, and conditioned that the importation shall be sterilized or otherwise treated under the supervision of the inspector; that no bale or container shall be broken, opened, or removed from the port of arrival unless and until a written notice is given to said customs official by an inspector that the importation has been properly sterilized or treated; and that the importation shall be redelivered to said customs official within 30 days after its arrival.</P> <P>(c) Should a shipment requiring sterilization or other treatment under the provisions of the regulation in this subpart arrive at a port where facilities for such sterilization or other treatment are not maintained, such shipment shall either be promptly shipped under safeguards and by routing prescribed by the inspector to an approved port where facilities for sterilization or other treatment are available, or it shall be refused entry.</P> <P>(d) Other conditions of entry as applying to the certain classes of articles enumerated in § 319.41-1 are:</P> <P>(1) <E T="03">Broomcorn.</E> All importations of broomcorn shall be so baled as to prevent breakage and scattering in connection with the necessary handling and sterilization; if in the judgment of the inspector they are not so baled, entry may be refused. All importations of broomcorn shall be subject to such sterilization or other treatment as the inspector may require.</P> <P>(2) <E T="03">Articles made of broomcorn.</E> Brooms or similar articles made of broomcorn shall be subject to sterilization unless their manufacture involves the substantial elimination of stems or such treatment of the included stems as in the judgment of the inspector shall preclude such articles from being the means of carriage of the European corn borer and of other injurious insects and plant diseases.</P> <P>(3) <E T="03">Shelled corn and other seeds.</E> If shipments of shelled corn and seeds of the other plants from countries other than those named in § 319.41-1 (b)(2) are found upon inspection at the port of arrival to be appreciably fouled with cobs or other portions of the plants the inspector may require sterilization or other treatment or may refuse entry.</P> </SECTION> <SECTION> <SECTNO>§ 319.41-5a</SECTNO> <SUBJECT>Administrative instructions; method used for the disinfection of imported broomcorn and broomcorn brooms.</SUBJECT> <P>Broomcorn and articles made of broomcorn which are required to be treated, under the provisions of § 319.41-5, will be treated by one of the following methods:</P> <P>(a) <E T="03">Vacuum fumigation.</E> (1) The temperature of the stalks and of the fumigation chamber during the fumigation shall be not less than 60 °F.</P> <P>(2) The dosage for the fumigation shall be 3 pounds of liquid hydrocyanic acid or its equivalent per 1,000 cubic feet of space.</P> <P>(3) The air pressure in the fumigation chamber shall be reduced to the equivalent of 2 inches of mercury (a 28-inch vacuum at sea level), after which the hydrocyanic acid shall be introduced and the low pressure held for the duration of the fumigation.</P> <P>(4) The exposure shall be not less than 3 hours.</P> <P>(b) <E T="03">Steam sterilization.</E> (1) The air pressure in the treating chamber shall be reduced to the equivalent of 5 inches of mercury (a 25-inch vacuum at sea level).<PRTPAGE P="272"/> </P> <P>(2) Steam shall then be introduced until a positive pressure of 10 pounds is obtained.</P> <P>(3) The exposure to the 10-pound positive pressure of steam shall continue for a period sufficient to assure a constant temperature in all parts of the treating chamber, after which the steam may be shut off and the treating chamber exhausted of the uncondensed steam.</P> <P>(c) <E T="03">Other treatments.</E> Any other treatments approved by the Deputy Administrator of the Plant Protection and Quarantine Programs in specific cases.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 34 FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.41-6</SECTNO> <SUBJECT>Importations by mail.</SUBJECT> <P>In addition to entries by freight or express provided for in § 319.41-5, importations are permitted by mail of (a) mature corn on the cob from the countries specified in § 319.41-1(b)(2), (b) clean shelled corn and clean seed of the other plants covered by § 319.41: <E T="03">Provided,</E> That a permit has been issued for the importation: <E T="03">Provided further,</E> That each shipment is accompanied from the foreign mailing point by a special mailing tag, which will direct the package to a Plant Protection and Quarantine Programs inspection station for inspection in accordance with § 319.41-5 before release to the mails for delivery to the importer. These special mailing tags will be furnished on request to the importer for transmission to his foreign shipper.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Rice</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.55</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The fact has been determined by the Secretary of Agriculture, and notice is hereby given, (1) that injurious fungous diseases of rice, including downy, mildew (Sclerospora macrospora), leaf smut (Entyloma oryzae), blight (Oospora oryzetorum), and glume blotch (Melanomma glumarum), as well as dangerous insect pests, new to and not heretofore widely prevalent or distributed within and throughout the United States, exist, as to one or more of such diseases and pests, in Europe, Asia, Africa, Central America, South America, and other foreign countries and localities, and may be introduced into this country through importations of seed or paddy rice, rice straw, and rice hulls, and (2) that the unrestricted importation of seed or paddy rice from the Republic of Mexico and of rice straw and rice hulls from all foreign countries and localities may result in the entry into the United States of the injurious plant diseases heretofore enumerated, as well as insect pests.</P> <P>(b) To prevent the introduction into the United States of the plant pests and diseases indicated above, the Secretary has determined that it is necessary to prohibit the importation into the United States of seed or paddy rice from all foreign locations except the Republic of Mexico and to restrict the importation of seed or paddy rice, rice straw, and rice hulls from the Republic of Mexico and all other foreign locations, except as otherwise provided in this subpart.</P> <P>(c) When the public interests will permit, the Deputy Administrator of the Plant Protection and Quarantine Programs may, upon request in specific cases, authorize such importations into Guam under conditions specified in the permit that are less stringent than those contained in this subpart.</P> <P>(d) As used in this subpart, unless the context otherwise requires, the term “United States” means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.55a</SECTNO> <SUBJECT>Administrative instructions relating to entry of rice straw and rice hulls into Guam.</SUBJECT> <P>Rice straw and rice hulls may be imported into Guam without further permit, other than the authorization contained in this paragraph. The port of entry shall be Agana or such other port as may be satisfactory to the inspector. Such importations may be made <PRTPAGE P="273"/>without the submission of a notice of arrival inasmuch as there is available to the inspector the essential information normally supplied by an importer at the time of importation. The requirements of §§ 319.55-6 and 319.55-7 shall not apply. Inspections of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated by any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter.</P> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 319.55-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Seed or paddy rice.</E> Unhusked rice in the form commonly used for seed purposes; the regulations in this subpart do not apply to husked or polished rice imported for food purposes.</P> <P>(b) <E T="03">Port of first arrival.</E> The first port within the United States where the shipment is (1) offered for consumption entry or (2) offered for entry for immediate transportation in bond.</P> <P>(c) <E T="03">Inspector.</E> An Inspector of the Plant Protection and Quarantine Programs of the United States Department of Agriculture.</P> </SECTION> <SECTION> <SECTNO>§ 319.55-2</SECTNO> <SUBJECT>Application for permit.</SUBJECT> <P>(a) Application for a permit to import seed or paddy rice from Mexico or rice straw or rice hulls from any country, may be made to the Plant Protection and Quarantine Programs, indicating in the application the locality where the desired material has been grown, the port of first arrival, and the name and address of the importer in the United States to whom the permit should be sent, if other than the applicant.</P> <P>(b) Applications for permits should be made in advance of the proposed shipments; but if, through no fault of the importer, a shipment should arrive before a permit is received, the importation will be held in customs custody at the port of first arrival, at the risk and expense of the importer, for a period not exceeding 20 days, pending the receipt of the permit.</P> <P>(c) Application may be mader by telegraph, in which case the information required above must be furnished.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.55-3</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>(a) For importations of seed or paddy rice from the Republic of Mexico, permits will be issued for entry through Mexican border ports and such other ports as may later be approved by the Plant Protection and Quarantine Programs.</P> <P>(b) For importations of rice straw and rice hulls from all foreign countries, permits will be issued for entry at New York and Boston and at such other ports as may later be approved by the Plant Protection and Quarantine Programs.</P> <P>(c) Pending development of adequate treating facilities in Guam, seed or paddy rice, rice straw, and rice hulls that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a United States port of arrival where such treating facilities are available.</P> <P>(d) Should a shipment requiring treatment arrive at a port where facilities for such treatment are not maintained, such shipment shall either be promptly shipped under safeguards and by routing prescribed by the inspector to an approved port where facilities for treatment are available, or it shall be refused entry.</P> </SECTION> <SECTION> <SECTNO>§ 319.55-4</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <P>Upon receipt of an application and upon approval by an inspector a permit will be issued specifying the conditions of entry and the port of entry to carry out the purposes of this subpart, and a copy will be supplied to the importer.</P> </SECTION> <SECTION> <SECTNO>§ 319.55-5</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <P>Immediately upon the arrival of a shipment at the port of first arrival, the permittee or his agent shall submit a notice, in duplicate, to the Plant Protection and Quarantine Programs, through the United States Collector of <PRTPAGE P="274"/>Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on a form provided for that purpose, stating the number of the permit, the quantity in the shipment, the locality where grown, the date of arrival, and, if by rail, the name of the railroad company, the car numbers, and the terminal where the shipment is to be unloaded, or, if by vessel, the name of the vessel and the designation of the dock where the shipment is to be landed.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.55-6</SECTNO> <SUBJECT>Inspection and disinfection at port of arrival.</SUBJECT> <P>(a) <E T="03">Paddy rice.</E> All importations of seed or paddy rice from Mexico shall be subject, as a condition of entry, to such inspection or disinfection, or both, at the port of arrival, as shall be required by the inspector, and to the delivery to the collector of customs by the inspector of a written notice that the seed or paddy rice has been inspected and found to be apparently free from plant diseases and insect pests or that the required treatment has been given. Should any shipment of such seed or paddy rice be found to be so infested with insect pests or infected with plant diseases that, in the judgment of the inspector, it cannot be cleaned by disinfection or other treatment, the entire shipment may be refused entry.</P> <P>(b) <E T="03">Rice straw and rice hulls.</E> (1) As a condition of entry, rice straw and rice hulls shall be subject to inspection and to treatment at the port of arrival, under the supervision of the inspector, by methods and at plants approved by the Plant Protection and Quarantine Programs and, as a further condition of entry, in order to permit effective treatment, the contents of packages or bales shall not be compressed to a density of more than 30 pounds per cubic foot. Rice straw and rice hulls will be admitted only at ports where adequate facilities are available for such treatment. The required treatment must be given within 20 days after arrival, but if any shipment of rice straw or rice hulls shall be found upon arrival to be dangerously infested or infected the inspector may direct immediate treatment under adequate safeguards; and, if the treatment and safeguards are not put into effect as directed, the shipment shall be removed from the country immediately or destroyed.</P> <P>(2) Unless, within 20 days after the date of arrival of a shipment at the port at which the formal entry was filed, the importation has received the required treatment, due notice of which shall be given to the collector of customs by the inspector, demand will be made by the collector for redelivery of the shipment into customs custody under the terms of the entry bond, and, if such redelivery is not made, the shipment shall be removed from the country or destroyed.</P> <P>(c) <E T="03">General.</E> (1) All charges for storage, cartage, and labor incident to inspection and disinfection, other than the services of the inspector, shall be paid by the importer.</P> <P>(2) All shipments shall be so baled, bagged, or wrapped as to prevent scattering or wastage. If, in the judgment of the inspector, a shipment is not so bagged, baled, or wrapped, it shall be reconditioned at the expense of the permittee or entry may be refused.</P> </SECTION> <SECTION> <SECTNO>§ 319.55-7</SECTNO> <SUBJECT>Importations by mail.</SUBJECT> <P>Sections 319.55-2 to 319.55-6, inclusive, provide for importations otherwise than through the mails. Importations of seed or paddy rice from Mexico, and of rice straw and rice hulls from all foreign countries and localities, may be made by mail, <E T="03">Provided</E> (a) That a permit has been issued for the importation in accordance with §§ 319.55-2, 319.55-4, and (b) That each shipment is accompanied from the foreign mailing point by a special mailing tag directing the package to a Plant Protection and Quarantine Programs inspection station for inspection and, if necessary, for treatment, before being released to the mails for delivery to the importer, unless entry is refused in accordance with the provisions of § 319.55-6. The special mailing tags will be furnished on request to the importer <PRTPAGE P="275"/>for transmission in advance to his foreign shipper.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Fruits and Vegetables</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.56</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The fact has been determined by the Secretary of Agriculture, and notice is hereby given:</P> <P>(1) That there exist in Europe, Asia, Africa, Mexico, Central America, and South America, and other foreign countries and localities, certain injurious insects, including fruit and melon flies (Tephritidae), new to and not heretofore widely distributed within and throughout the United States, which affect and may be carried by fruits and vegetables commercially imported into the United States or brought to the ports of the United States as ships’ stores or casually by passengers or others, and</P> <P>(2) That the unrestricted importation of fruits and vegetables from the countries and localities enumerated may result in the entry into the United States of injurious insects, including fruit and melon flies (Tephritidae).</P> <P>(b) To prevent the introduction into the United States of the aforementioned injurious insects, the Secretary has determined that it is necessary to prohibit the importation into the United States of fruits and vegetables, and the plants or portions of plants used as packing material for such fruits and vegetables, except as otherwise provided in this subpart.</P> <P>(c) When the public interests will permit, the Deputy Administrator of the Plant Protection and Quarantine Programs may, upon request in specific cases, authorize such importations into Guam under conditions specified in the permit that are less stringent than those contained in this subpart.</P> <P>(d) This section leaves in full effect all special quarantines and other orders now in force restricting the entry into the United States of fruits and vegetables with the exception of Quarantine No. 49, with regulations, on account of the citrus black fly, which is replaced by this section.</P> <P>(e) As used in this section unless the context otherwise requires, the term “United States” means the continental United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to entry into Guam of fruits and vegetables under § 319.56.</SUBJECT> <P>(a) The following fruits and vegetables may be imported into Guam without treatment except as it may be required under § 319.56-6 and they shall otherwise be subject to all the requirements of this subpart as modified by this section:</P> <P>(1) All fruits and vegetables from the Marianas Islands.</P> <P>(2) All leafy vegetables and root crops from the Bonin Islands, Volcano Islands, and Ryukyu Islands.</P> <P>(3) All fruits and vegetables from the Caroline Islands, except citrus fruits, and except taro from the Palau and Yap districts (the excepted products are not approved for entry into Guam under § 319.56 without treatment).</P> <P>(4) Allium, artichokes, bananas, bell peppers, cabbage, carrots, celery, Chinese cabbage, citrus fruits, eggplant, grapes, lettuce, melons, okra, parsley, peas, persimmons, potatoes, rhubarb, squash (<E T="03">Cucurbita maxima</E>), stone and pome fruits, string beans, sweetpotatoes, tomatoes, turnip greens, turnips, and watermelons, from Japan and Korea.</P> <P>(5) Leafy vegetables, celery, and potatoes, from the Philippine Islands.</P> <P>(6) Carrots (without tops), celery, lettuce, peas, potatoes, and radishes (without tops), from Australia.</P> <P>(7) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots (without tops), cassava, cauliflower, celery, chives, cow-cabbage, dasheen, garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce, onions, Portuguese cabbage, turnip, udo, water chestnut, watercress, waterlilyroot, and yam bean root, from Taiwan (Formosa).<PRTPAGE P="276"/> </P> <P>(8) Lettuce from Netherlands New Guinea.</P> <P>(9) Carrots, celery, lettuce, loquats, onions, persimmons, potatoes, tomatoes, and stone fruits, from New Zealand.</P> <P>(10) Asparagus, carrots (without tops), celery, lettuce, and radishes (without tops) from Thailand.</P> <P>(11) Green corn on the cob.</P> <P>(12) All other fruits and vegetables administratively approved for entry into any other part or port of the United States, except those for which a treatment is specified as a condition of entry and except any which are now, or may subsequently be, specifically designated in this subpart as not approved.</P> <P>(b) The inspector in Guam may, in his judgment, accept an oral application and issue an oral permit for products within paragraph (a) of this section, which shall be deemed to fulfill the requirements of §§ 319.56-3 and 319.56-4. He may waive the documentation required in § 319.56-5 for such products whenever he shall find that information available from other sources meets the requirements under this subpart for the information normally supplied by such documentation.</P> <P>(c) The provisions of §§ 319.56-2a and 319.56-2b shall not apply to chestnuts and acorns imported into Guam and they shall be enterable without further permit, other than the authorization contained in this paragraph, and without other restriction under this subpart, in accordance with the second paragraph of § 319.56-2. Inspections of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter.</P> <P>(d) Coconuts with husks are not approved for entry into Guam from the Trust Territory under § 319.56.</P> <P>(e) Application of the provisions of §§ 319.56-2d, 319.56-2e, 319.56-2g, 319.56-2k, 319.56-2l, and 319.56-2p is impracticable in the case of traffic into Guam and therefore such application is withdrawn. The fruits and vegetables which are the subject of said provisions are not enterable into Guam except as they are now, or may later be, listed in paragraph (a) of this section. Yams are included in the listings in paragraphs (a) (1) and (2) of this section.</P> <P>(f) Baskets or other containers made of coconut fronds are not approved for use as containers for fruits and vegetables imported into Guam. Fruits and vegetables in such baskets or containers offered for importation into Guam will not be regarded as meeting the requirement of the first paragraph of § 319.56-2.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 29 FR 2329, Feb. 11, 1964; 29 FR 6614, May 21, 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, Sept. 20, 1969; 35 FR 9105, June 12, 1970; 35 FR 16678, Oct. 28, 1970; 58 FR 43497, Aug. 17, 1993; 65 FR 37667, June 15, 2000]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 319.56-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Above ground parts.</E> Any plant parts, such as stems, leaves, fruit, or inflorescence, that grow solely above the soil surface.</P> <P> <E T="03">Commercial shipment.</E> A shipment containing fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a variety of indicators, including, but not limited to: quantity of produce, type of packaging, identification of grower or packing house on the packaging, and documents consigning the shipment to a wholesaler or retailer.</P> <P> <E T="03">Cucurbits. Benincasa hispida</E> (wax gourd), <E T="03">Citrullus lanatus</E> (watermelon), <E T="03">Cucumis</E> spp. (including, but not limited to cucumber, kiwano, cantaloupe, honeydew, muskmelon, and Indian gherkin), <E T="03">Cucurbita</E> spp. (including, but not limited to squash, zucchini, crenshaws, pumpkin, and marrow), <E T="03">Lagenaria</E> spp. (including, but not limited to the white-flowered gourds), <E T="03">Luffa</E> spp. (including, but not limited to luffa and angled luffa), <E T="03">Momordica balsamina</E> (balsam-apple), <E T="03">Momordica charantia</E> (bitter gourd), and <E T="03">Sechium edule</E> (chayote).</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator, Plant Protection and Quarantine, or any person to whom the <PRTPAGE P="277"/>Deputy Administrator has delegated his or her authority.</P> <P> <E T="03">Fresh fruits and vegetables.</E> The edible, more or less succulent, portions of food plants in the raw or unprocessed state, such as bananas, oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.</P> <P> <E T="03">Inspector.</E> An inspector of the Plant Protection and Quarantine Programs, U.S. Department of Agriculture.</P> <P> <E T="03">Plants or portions of plants.</E> Leaves, twigs, or other portions of plants, or plant litter or rubbish as distinguished from clean fruits and vegetables, or other commercial articles.</P> <P> <E T="03">Port of first arrival.</E> The first port within the United States where the shipment is (1) offered for consumption entry or (2) offered for entry for immediate transportation in bond.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 57 FR 54489, Nov. 19, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2</SECTNO> <SUBJECT>Restrictions on entry of fruits and vegetables.</SUBJECT> <P>(a) All importations of fruits and vegetables must be free from plants or portions of plants, as defined in § 319.56-1.</P> <P>(b) Dried, cured, or processed fruits and vegetables (except frozen fruits and vegetables), including cured figs and dates, raisins, nuts, and dried beans and peas, may be imported without permit or other compliance with the regulations in this subpart: <E T="03">Provided,</E> That any such articles may be made subject to entry only under permit and on compliance with the safeguards to be prescribed therein, when it shall be determined by the Secretary of Agriculture that the condition of drying, curing, or processing to which they have been subjected may not entirely eliminate risk. Such determination with respect to any such articles shall become effective after due notice.</P> <P>(c) Fruits and vegetables grown in Canada may be imported into the United States without restriction under this subpart; <E T="03">provided</E>, that the potatoes from Newfoundland and that portion of the Municipality of Central Saanich in the Province of British Columbia east of the West Saanich Road are prohibited importation into the United States in accordance with § 319.37-2 of this part.</P> <P>(d) Fruits and vegetables grown in the British Virgin Islands may be imported into the Virgin Islands of the United States without further permit other than the authorization contained in this paragraph but subject to the requirements of the first paragraph of this section, and of §§ 319.56-5, 319.56-6 and 319.56-7, except that such fruits and vegetables are exempted from the notice of arrival requirements of § 319.56-5 when an inspector shall find that equivalent information is obtainable from the U.S. Collector of Customs.</P> <P>(e) Any other fruit or vegetable, except those restricted to certain countries and districts by special quarantine <SU>1</SU> <FTREF/> and other orders now in force and by any restrictive order as may hereafter be promulgated, may be imported from any country under a permit issued in accordance with this subpart and upon compliance with the regulations in this subpart, at the ports as shall be authorized in the permit, if the U.S. Department of Agriculture, after reviewing evidence presented to it, is satisfied that the fruit or vegetable either:</P> <FTNT> <P> <SU>1</SU> The importation of citrus fruits into the United States from eastern and southeastern Asia and certain other areas is restricted by the Citrus Fruit Quarantine, § 319.28.</P> </FTNT> <P>(1) Is not attacked in the country of origin by injurious insects, including fruit and melon flies (Tephritidae);</P> <P>(2) Has been treated or is to be treated for all injurious insects that attack it in the country of origin, in accordance with conditions and procedures that may be prescribed by the Administrator;</P> <P>(3) Is imported from a definite area or district in the country of origin that is free from all injurious insects that attack the fruit or vegetable, its importation can be authorized without risk, and its importation is in compliance with the criteria of paragraph (f) of this section; or</P> <P>(4) Is imported from a definite area or district of the country of origin that is free from certain injurious insects that attack the fruit or vegetable, its importation can be authorized without risk, and the criteria of paragraph (f) of <PRTPAGE P="278"/>this section are met with regard to those certain insects, provided that all other injurious insects that attack the fruit or vegetable in the area or district of the country of origin have been eliminated from the fruit or vegetable by treatment or any other procedures that may be prescribed by the Administrator.</P> <P>(f) Before the Administrator may authorize importation of a fruit or vegetable under § 319.56-2(e) (3) or (4), he or she must determine that the following criteria have been met:</P> <P>(1) Within the past 12 months, the plant protection service of the country of origin has established the absence of infestations of injurious insects known to attack fruits or vegetables in the definite area or district based on surveys performed in accordance with requirements approved by the Administrator as adequate to detect these infestations;</P> <P>(2) The country of origin has adopted and is enforcing requirements to prevent the introduction of injurious insects known to attack fruits and vegetables into the definite area or district of the country of origin that are deemed by the Administrator to be at least equivalent to those requirements imposed under this chapter to prevent the introduction into the United States and interstate spread of injurious insects; and</P> <P>(3) The plant protection service of the country of origin has submitted to the Administrator written detailed procedures for the conduct of surveys and the enforcement of requirements under this paragraph to prevent the introduction of injurious insects.</P> <FP>When used to authorize importation under § 319.56-2(e)(3), the criteria must be applied to all injurious insects that attack the fruit or vegetable; when used to authorize importation under § 319.56-2(e)(4), the criteria must be applied to those particular injurious insects from which the area or district is to be considered free.</FP> <P>(g) Each box of fruit or vegetables imported into the United States in accordance with § 319.56-2(e) (3) or (4) and § 319.56-2(f) must be clearly labelled with:</P> <P>(1) The name of the orchard or grove of origin, or the name of the grower, and</P> <P>(2) The name of the municipality and state in which it was produced, and</P> <P>(3) The type and amount of fruit it contains.</P> <P>(h) The Administrator has determined that the following areas in Mexico meet the criteria of paragraph (e) and (f) of this section with regard to the plant pests <E T="03">Ceratitis capitata</E>, <E T="03">Anastrepha ludens</E>, <E T="03">A. serpentina</E>, <E T="03">A. obliqua</E>, and <E T="03">A. fraterculus:</E> Comondu<AC T="1"/>, Loreto, and Mulege<AC T="1"/>; in the State of Baja California Sur; the municipalities of Bachiniva, Casas Grandes, Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes in the State of Chihuahua; and the municipalities of Altar, Atil, Bacum, Benito Juarez, Caborca, Cajeme, Carbo, Empalme, Etchojoa, Guaymas, Hermosillo, Huatabampo, Navojoa, Pitiquito, Plutarco Elias Calles, Puerto Penasco, San Luis Rio Colorado, San Miguel, and San Ignacio Rio Muerto in the State of Sonora. Fruits and vegetables otherwise eligible for importation under this subpart may be imported from these areas without treatment for the pests named in this paragraph.</P> <P>(i) Pending development of adequate treating facilities in Guam, fruits and vegetables that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a U.S. port of arrival where such treating facilities are available.</P> <P>(j) The Administrator has determined that all Districts in Belize, all Provinces in Chile, and the Department of Pete<AC T="1"/>n in Guatemala meet the criteria of paragraphs (e) and (f) of this section with regard to the insect pest Mediterranean fruit fly (Medfly) (<E T="03">Ceratitis capitata</E> [Wiedemann]). Fruits and <PRTPAGE P="279"/>vegetables otherwise eligible for importation under this subpart may be imported from these areas without treatment for Medfly.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 53 FR 10057, Mar. 29, 1988; 53 FR 27956, July 26, 1988; 54 FR 12873, Mar. 29, 1989; 56 FR 1731, Jan. 17, 1991; 56 FR 10790, Mar. 14, 1991; 57 FR 10976, Apr. 1, 1992; 58 FR 43497, Aug. 17, 1993; 58 FR 69179, Dec. 30, 1993; 59 FR 9382, Feb. 28, 1994; 62 FR 50235, 50238, Sept. 25, 1997; 64 FR 2994, Jan. 20, 1999; 66 FR 45158, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2a</SECTNO> <SUBJECT>Permits required for entry of chestnuts and acorns and certain coconuts.</SUBJECT> <P>It has been determined that the drying and processing of chestnuts and acorns, and of coconuts imported into Guam from the Trust Territory, may not entirely eliminate risk of spread of injurious insects. Therefore, notice is hereby given that chestnuts and acorns of all varieties and species may be imported into any part of the United States from any foreign country and coconuts may be imported into Guam from the Trust Territory, only under permit and upon compliance with the safeguards prescribed therein pursuant to § 319.56-2.</P> </SECTION> <SECTION> <SECTNO>§ 319.56-2b</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of acorns and chestnuts.</SUBJECT> <P>(a) <E T="03">Countries other than Canada and Mexico.</E> Except for importations of acorns and chestnuts grown in and shipped from Canada and Mexico, acorns and chestnuts are permitted entry into the United States under permit, for purposes other than propagation, under the provisions of § 319.56 as follows:</P> <P>(1) <E T="03">Condition of entry.</E> Notwithstanding § 319.56-2(e) (1) and (2), all shipments of acorns and chestnuts are required to be treated as a condition of entry. Fumigation with methyl bromide in accordance with procedures described in this section is effective against the chestnut and acorn weevils, <E T="03">Curculio elephas</E> (Cyllenhal) and <E T="03">C. nucum</E> Linnaeus; the nut fruit tortrix, et al., <E T="03">Laspeyresia splendana</E> (Hubner), <E T="03">Laspeyresia</E> spp., and <E T="03">Hemimene juliana</E> (Curtis); and other insect pests of chestnuts and acorns. Accordingly, this treatment is approved as a condition of entry in connection with the issuance of permits under § 319.56-4 for the importation of chestnuts and acorns from any country except Canada and Mexico.</P> <P>(2) <E T="03">Ports of entry.</E> Acorns and chestnuts to be offered for entry may be shipped from the country of origin to United States ports which are named in the permit.</P> <P>(3) <E T="03">Approved fumigation.</E> The approved treatment shall consist of fumigation with methyl bromide. The acorns and chestnuts may be fumigated in vacuum or normal atmospheric chambers, van containers, or tarpaulins that have been approved for that purpose by the Plant Protection and Quarantine Programs. When the fumigation is carried out under tarpaulins or in van containers, it must be accomplished in a manner satisfactory to the inspector by insuring adequate air and commodity temperatures, and proper volatilization, distribution, and concentration of the fumigant. Fumigation with methyl bromide shall be in accordance with the following schedules:</P> <P>(i) In chamber at normal atmospheric pressure (NAP):</P> <GPOTABLE CDEF="s30,7.6,5.4" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Methyl bromide dosage in pounds per 1,000 cu. ft.</CHED> <CHED H="1">Exposed period (hours)</CHED> </BOXHD> <ROW> <ENT I="01">90-96</ENT> <ENT>4</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="01">80-89</ENT> <ENT>4</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="01">70-79</ENT> <ENT>5</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="01">60-69</ENT> <ENT>5</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="01">50-59</ENT> <ENT>6</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="01">40-49</ENT> <ENT>6</ENT> <ENT>6</ENT> </ROW> </GPOTABLE> <P>(ii) In chamber at 26″ vacuum:</P> <GPOTABLE CDEF="s25,7.6,7.6" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Methyl bromide dosage in pounds per 1,000 cu. ft.</CHED> <CHED H="1">Exposed period (hours)</CHED> </BOXHD> <ROW> <ENT I="01">80-96</ENT> <ENT>3</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">70-79</ENT> <ENT>4</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">60-69</ENT> <ENT>4</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="01">50-59</ENT> <ENT>4</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="01">40-49</ENT> <ENT>4</ENT> <ENT>5</ENT> </ROW> </GPOTABLE> <P>(iii) In van containers or under tarpaulins: Fumiscope readings are required to assure minimum gas concentration as specified in this paragraph (a)(3)(iii) of this section at the end of the first one-half hour and at the completion of the exposure period.<PRTPAGE P="280"/> </P> <GPOTABLE CDEF="s25,7.6,7.6" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Methyl bromide dosage in pounds per 1,000 cu. ft.</CHED> <CHED H="1">Exposed period (hours)</CHED> </BOXHD> <ROW> <ENT I="01">90-96</ENT> <ENT>4</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—58 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—34 oz.).</ENT> </ROW> <ROW> <ENT I="01">80-89</ENT> <ENT>4</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—58 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—32 oz.).</ENT> </ROW> <ROW> <ENT I="01">70-79</ENT> <ENT>5</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—72 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—42 oz.).</ENT> </ROW> <ROW> <ENT I="01">60-69</ENT> <ENT>5</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—72 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—40 oz.).</ENT> </ROW> <ROW> <ENT I="01">50-59</ENT> <ENT>6</ENT> <ENT>5</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—85 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—50 oz.).</ENT> </ROW> <ROW> <ENT I="01">40-49</ENT> <ENT>6</ENT> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration first <FR>1/2</FR> hour—85 oz.).</ENT> </ROW> <ROW> <ENT I="11">(minimum concentration at completion—48 oz.).</ENT> </ROW> </GPOTABLE> <FP>The fumigation temperatures used in these treatment schedules shall be that of the nut kernels. Acorns and chestnuts fumigated in van containers or under tarpaulins must be stacked in the container to provide for circulation of the fumigant under the load. Refrigerated van containers fitted with floor grooves meet this requirement. Van containers not fitted with floor grooves and tarpaulins should have provision for air circulation under the load by use of dunnage or pallets. Minimum concentrations of fumigant during the exposure period shall be maintained as specified in the treatment schedules. Because of the presence of various gases emitted by the nuts, special filtering procedures will be necessary for determination of the actual fumigant concentrations. At the end of the treatment exposure period the nuts shall be aerated for a minimum of one-half hour.</FP> <P>(4) <E T="03">Supervision of treatment.</E> The treatment approved in this section must be conducted under the supervision of an inspector of the Plant Protection and Quarantine Programs. The inspector shall require such safeguards in each specific case for unloading and handling of the nuts at the port of entry, transportation of the nuts from the place of unloading to the treatment facilities, and their handling during fumigation and aeration as required by paragraph (a)(3) of this section, as he deems necessary to prevent the spread of plant pests and assure compliance with the provisions of this subpart. If any part of the treatment is conducted in the country of origin, the person or organization requesting the service must enter into a formal agreement with the Plant Protection and Quarantine Programs to secure the services of an inspector.</P> <P>(5) <E T="03">Costs.</E> All costs of treatment, required safeguards, and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the commodity or his representative.</P> <P>(6) <E T="03">Department not responsible for damages.</E> The treatment prescribed in paragraph (a)(3) of this section is judged from experimental tests to be safe for use with acorns and chestnuts. However, the Department assumes no responsibility for any damage sustained through or in the course of the treatment, or because of safeguards required under paragraph (a)(4) of this section.</P> <P>(b) <E T="03">Canada and Mexico.</E> Acorns and chestnuts grown in and shipped from Canada and Mexico for purposes other than propagation are enterable without permit or further restriction under this subpart.</P> <P>(c) <E T="03">Nuts for propagation.</E> Acorns and chestnuts from any country may be imported for purposes of propagation only in accordance with § 319.37.</P> <CITA>[37 FR 19799, Sept. 22, 1972]</CITA> </SECTION> <SECTION> <PRTPAGE P="281"/> <SECTNO>§ 319.56-2c</SECTNO> <SUBJECT>Administrative instructions authorizing the importation of frozen fruits and vegetables.</SUBJECT> <P>(a) The type of treatment designated in this subpart as freezing shall be one of those treatments commonly known as quick freezing, sharp freezing, or frozen pack. In general this involves an initial quick freezing at subzero temperatures with subsequent storage and transportation handling at not higher than 20 °F. Any equivalent freezing method is also included in this designation.</P> <P>(b) The Deputy Administrator of the Plant Protection and Quarantine Programs, under authority contained in § 319.56-2, hereby prescribes freezing as a satisfactory treatment for all fruits and vegetables enterable under permit under § 319.56. Such frozen fruits and vegetables may be imported from any country under permit, on compliance with §§ 319.56-1 through 319.56-7 (exclusive of non-related administrative instructions), at such ports as shall be authorized in the permits.</P> <P>(c) Such fruits and vegetables may not be removed from the vessel or vehicle transporting them until it has been determined by an inspector of the Plant Protection and Quarantine Programs that they are in a satisfactory frozen state on arrival in this country.</P> <P>(d) If the temperature of the fruits or vegetables in any part of such an importation is found to be above 20 °F. at the time of inspection upon arrival, the entire shipment shall remain on board the vessel or vehicle under such safeguards as may be prescribed by the inspector of the Plant Protection and Quarantine Programs until the temperature of the shipment is below 20 °F., or the shipment is transported outside the United States or its territorial waters, or is otherwise disposed of to the satisfaction of the inspector.</P> <P>(e) The importation from foreign countries of frozen fruits and vegetables is not authorized when such fruits and vegetables are subject to attack in the area of origin, by plant pests that may not, in the judgment of the Deputy Administrator of the Plant Protection and Quarantine Programs, be destroyed by freezing.</P> <P>(f) Freezing of fruits and vegetables as authorized in the instructions in this section is considered necessary for the elimination of pest risk, and no liability shall attach to the U.S. Department of Agriculture or to any officer or representative of that Department in the event of injury resulting to fruits or vegetables offered for entry in accordance with the instructions in this section.</P> </SECTION> <SECTION> <SECTNO>§ 319.56-2d</SECTNO> <SUBJECT>Administrative instructions for cold treatments of certain imported fruits.</SUBJECT> <P>(a) <E T="03">Treatments authorized.</E> Fresh fruits imported in accordance with this subpart and required under this subpart to receive cold treatment as a condition of entry must be cold treated in accordance with the Plant Protection and Quarantine (PPQ) Treatment Manual, which is incorporated by reference at § 300.1 of this chapter. The cold treatments listed in the PPQ Treatment Manual are authorized for any fruit required to be cold treated under this subpart.</P> <P>(b) <E T="03">Place and manner of treatments—</E>(1) <E T="03">Places of precooling and refrigeration.</E> Refrigeration may be conducted while the fruit is on shipboard in transit to the United States. If not so refrigerated, the fruit must be both precooled and refrigerated after arrival only in cold storage warehouses approved by the Deputy Administrator and located at the following ports: Atlantic ports north of, and including, Baltimore, MD; ports on the Great Lakes and St. Lawrence Seaway; Canadian border ports on the North Dakota border and east of North Dakota; the maritime ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA; Hartsfield-Atlanta International Airport, Atlanta, GA; and Baltimore-Washington International and Dulles International airports, Washington, DC. Fruit which is to be refrigerated in transit shall be precooled either at a dockside refrigeration plant prior to loading aboard the carrying vessel, or aboard the carrying vessel. Refrigeration shall be completed in the compartment or room in which it is begun.</P> <P>(2) <E T="03">Precooling of fruit before departure.</E> Fruit which is to be refrigerated in <PRTPAGE P="282"/>transit must be precooled to the temperature designated in or under paragraph (a) of this section. The precooling may be conducted in accordance with either paragraph (b)(2) (i) or (ii) of this section:</P> <P>(i) Fruit may be precooled at a dockside refrigeration plant prior to loading aboard the carrying vessel. Such fruit shall be precooled to a temperature at which it can be transferred to the refrigerated compartments on such vessel without a rise above the maximum temperature prescribed in or under paragraph (a) of this section. A responsible official of the Department of Agriculture of the country of origin shall sample fruit temperatures in all sections of the lot of fruit until he is satisfied that complete precooling has been accomplished in accordance with this section and shall issue a certificate to that effect. As the loading proceeds the certifying official shall take frequent temperature readings of individual boxes of fruit. A record of such temperature readings shall accompany the certificate.</P> <P>(ii) Fruit may be precooled aboard the carrying vessel. Such fruit shall be precooled in the same refrigerated compartments in which it is to be refrigerated. The boxes of the fruit shall be spaced by horizontal wooden strips, so that each has at least 1 inch of clearance above and below to allow free circulation of the cooling air. At least 2 inches of clearance shall be allowed between stacks of the fruit. Carriers desiring consideration of alternate spacing arrangements may apply to the Plant Protection and Quarantine Programs.</P> <P>(3) <E T="03">Refrigeration in transit.</E> (i) Refrigeration in transit shall consist of holding the fruit temperature at or below the maximum temperature level for the number of days prescribed in or under paragraph (a) of this section. A continuous, automatic temperature record under lock shall be maintained from at least four locations to be designated in each refrigerated compartment by an inspector of the Plant Protection and Quarantine Programs. In large refrigerated compartments additional temperature elements may be required. Charts from the temperature recording apparatus shall be made readily available to an inspector of such Plant Protection and Quarantine Programs at the port of arrival.</P> <P>(ii) Refrigeration shall begin when the loading of precooled fruit has been completed or when precooling aboard the vessel has been completed. Refrigeration shall continue until the vessel arrives at the port of destination and the fruit is released for unloading by an inspector of the Plant Protection and Quarantine Programs, even though this may prolong the refrigeration beyond the required period. At least once during every 24-hour period, the responsible ship's officer shall sign the temperature chart, noting thereon the date and time.</P> <P>(4) <E T="03">Safeguarding untreated fruit.</E> Whenever fruit is offered for entry as cold treated in transit and it cannot be established to the satisfaction of such inspector that the fruit has received the required cold treatment, such safeguards against the spread of fruitfly infestation as the inspector may prescribe shall be immediately applied.</P> <P>(5) <E T="03">Cold treatment after arrival</E>—(i) <E T="03">Delivery.</E> Fruit to be both precooled and refrigerated after arrival in the United States shall be delivered under the supervision of an inspector of the Plant Protection and Quarantine Programs to the approved cold storage warehouse where such treatment is to be conducted.</P> <P>(ii) <E T="03">Precooling and refrigeration.</E> The fruit must arrive at a temperature sufficiently low to prevent insect activity and shall be promptly precooled and refrigerated. An automatic, continuous temperature record is required of each refrigeration, like that prescribed in paragraph (b)(3) of this section for refrigeration in transit. The number of records required will be designated by the inspector for each refrigeration, depending upon the circumstances of each operation.</P> <P>(iii) <E T="03">Customs.</E> Shipments offered for entry before cold treatment may be allowed to leave customs custody under redelivery bond for cold treatment. Final release of the shipment by the U.S. Collector of Customs, or, in the case of Guam, by the Customs officer of the Government of Guam, will be effected after the inspector has notified <PRTPAGE P="283"/>the said Customs official that the required cold treatment has been given.</P> <P>(iv) <E T="03">Special requirements for the maritime port of Wilmington, NC.</E> Shipments of fruit arriving at the maritime port of Wilmington, NC, for cold treatment, in addition to meeting all of the requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the following special conditions:</P> <P>(A) Bulk shipments (those shipments which are stowed and unloaded by the case or bin) of fruit must arrive in fruit fly-proof packaging that prevents the escape of adult, larval, or pupal fruit flies.</P> <P>(B) Bulk and containerized shipments of fruit must be cold-treated within the area over which the Bureau of Customs is assigned the authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws in force.</P> <P>(C) Advance reservations for cold treatment space must be made prior to the departure of a shipment from its port of origin.</P> <P>(D) The cold treatment facility must remain locked during non-working hours.</P> <P>(v) <E T="03">Special requirements for the maritime port of Seattle, WA.</E> Shipments of fruit arriving at the maritime port of Seattle, WA, for cold treatment, in addition to meeting all of the requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the following special conditions:</P> <P>(A) Bulk shipments (those shipments which are stowed and unloaded by the case or bin) of fruit must arrive in fruit fly-proof packaging that prevents the escape of adult, larval, or pupal fruit flies.</P> <P>(B) Bulk and containerized shipments of fruit must be cold-treated within the area over which the Bureau of Customs is assigned the authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws in force.</P> <P>(C) Advance reservations for cold treatment space must be made prior to the departure of a shipment from its port of origin.</P> <P>(D) The cold treatment facility must remain locked during non-working hours.</P> <P>(E) Blacklight or sticky paper must be used within the cold treatment facility, and other trapping methods, including Jackson/methyl eugenol and McPhail traps, must be used within the 4 square miles surrounding the cold treatment facility.</P> <P>(F) The cold treatment facility must have contingency plans, approved by the Deputy Administrator, for safely destroying or disposing of fruit.</P> <P>(vi) <E T="03">Special requirements for the airports of Atlanta, GA, and Seattle, WA.</E> Shipments of fruit arriving at the airports of Atlanta, GA, and Seattle, WA, for cold treatment, in addition to meeting all of the requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the following special conditions:</P> <P>(A) Bulk and containerized shipments of fruit must arrive in fruit fly-proof packaging that prevents the escape of adult, larval, or pupal fruit flies.</P> <P>(B) Bulk and containerized shipments of fruit arriving for cold treatment must be cold treated within the area over which the Bureau of Customs is assigned the authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws in force.</P> <P>(C) The cold treatment facility and Plant Protection and Quarantine must agree in advance on the route by which shipments are allowed to move between the aircraft on which they arrived at the airport and the cold treatment facility. The movement of shipments from aircraft to cold treatment facility will not be allowed until an acceptable route has been agreed upon.</P> <P>(D) Advance reservations for cold treatment space must be made prior to the departure of a shipment from its port of origin.</P> <P>(E) The cold treatment facility must remain locked during non-working hours.</P> <P>(F) Blacklight or sticky paper must be used within the cold treatment facility, and other trapping methods, including Jackson/methyl eugenol and McPhail traps, must be used within the <PRTPAGE P="284"/>4 square miles surrounding the cold treatment facility.</P> <P>(G) The cold treatment facility must have contingency plans, approved by the Deputy Administrator, for safely destroying or disposing of fruit.</P> <P>(vii) <E T="03">Special requirements for the port of Gulfport, MS.</E> Shipments of fruit arriving at the port of Gulfport, MS, for cold treatment, in addition to meeting all of the requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the following special conditions:</P> <P>(A) All fruit entering the port for cold treatment must move in maritime containers. No bulk shipments (those shipments which are stowed and unloaded by the case or bin) are permitted at the port of Gulfport, MS.</P> <P>(B) Within the container, the fruit intended for cold treatment must be enclosed in fruit fly-proof packaging that prevents the escape of adult, larval, or pupal fruit flies.</P> <P>(C) All shipments of fruit arriving at the port for cold treatment must be cold treated within the area over which the Bureau of Customs is assigned the authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the customs and navigation laws in force.</P> <P>(D) The cold treatment facility and Plant Protection and Quarantine must agree in advance on the route by which shipments are allowed to move between the vessel on which they arrived at the port and the cold treatment facility. The movement of shipments from vessel to cold treatment facility will not be allowed until an acceptable route has been agreed upon.</P> <P>(E) Advance reservations for cold treatment space at the port must be made prior to the departure of a shipment from its port of origin.</P> <P>(F) Devanning, the unloading of fruit from containers into the cold treatment facility, must adhere to the following requirements:</P> <P>(<E T="03">1</E>) All containers must be unloaded within the cold treatment facility; and</P> <P>(<E T="03">2</E>) Untreated fruit may not be exposed to the outdoors under any circumstances.</P> <P>(G) The cold treatment facility must remain locked during non-working hours.</P> <P>(H) Blacklight or sticky paper must be used within the cold treatment facility, and other trapping methods, including Jackson/methyl eugenol and McPhail traps, must be used within the 4 square miles surrounding the cold treatment facility.</P> <P>(I) During cold treatment, a backup system must be available to cold treat the shipments of fruit should the primary system malfunction. The facility must also have one or more reefers (cold holding rooms) and methods of identifying lots of treated and untreated fruits.</P> <P>(J) The cold treatment facility must have the ability to conduct methyl bromide fumigations on-site.</P> <P>(K) The cold treatment facility must have contingency plans, approved by the Deputy Administrator, for safely destroying or disposing of fruit.</P> <P>(6) <E T="03">Containers and season of arrival.</E> Containers should be uniform and suitably constructed to maintain firm stacking in the compartment throughout the voyage. Shipments may be made during any season of the year. Untreated fruit arriving in broken containers must be immediately repacked under the supervision of an inspector or the contents must be immediately destroyed in a manner satisfactory to the inspector.</P> <P>(7) <E T="03">Procedures in country of origin.</E> (i) By arrangement between the Deputy Administrator of the Plant Protection and Quarantine Programs and the equivalent official in the country of origin, certifying officials will be designated by the country of origin. Their signatures shall be filed with the Plant Protection and Quarantine Programs.</P> <P>(ii) Each container of fruit intended for intransit refrigeration shall be stamped or marked as it is loaded on the carrying vessel so that it can be readily identified as such. Fruit being shipped under permit to be completely cold treated at the Port of New York or other subsequently designated northern ports shall not be so marked.</P> <P>(iii) Fruit precooled at a dockside refrigeration plant shall be transferred to the refrigerated compartments on the carrying vessel without a rise in temperature above the maximum for the <PRTPAGE P="285"/>desired refrigeration. When this transfer has been accomplished, the certifying official shall issue a certificate of precooling.</P> <P>(iv) Fruit to be precooled on the carrying vessel in the refrigerated compartments shall be loaded under supervision of the certifying official to assure that all packages have the proper clearance on all sides.</P> <P>(v) Fruit in transit for cold treatment after arrival shall be loaded in a separate compartment and segregated from any fruit that is being refrigerated in transit.</P> <P>(vi) Fruit not intended for any phase of cold treatment shall not be loaded in the same refrigerated compartment with fruit to be given such cold treatment.</P> <P>(vii) The certifying official shall calibrate the elements of the temperature recording instruments not more than 3 days prior to the loading of fruit, by immersing them in a 32 °F. mixture of crushed ice and fresh water, and recording their deviation from 32 °F. He shall also supervise the placement of the temperature elements in the proper places in the cargo of fruit.</P> <P>(viii) The certifying official shall record the following data, noting the date and time, on the temperature chart: (<E T="03">a</E>) Commencement of loading of each compartment, (<E T="03">b</E>) insertion of the sensing elements into the fruit, and (<E T="03">c</E>) completion of loading of each compartment.</P> <P>(ix) The certificate of precooling, when required, shall be issued in quadruplicate, to cover the cargo of one vessel. The original certificate shall be airmailed to the inspector of the Plant Protection and Quarantine Programs in charge at the port of destination. One copy shall accompany the carrying vessel. The third copy shall be mailed to the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20520. A record showing calibration of the elements of the temperature recording instruments, as required in paragraph (b)(7)(vii) of this section shall be attached to each certificate, along with any record of the fruit temperature readings required in paragraph (b)(2)(i) of this section. The certificate shall also show the identifying stamp or mark placed on all containers of fruit undergoing intransit refrigeration.</P> <P>(c) <E T="03">Approval of precooling plants, refrigerated compartments, warehouses.</E> All precooling plants in the country of origin, the refrigerated compartments on the carrying vessels, and cold storage warehouses at the Port of New York or subsequently designated northern ports must have prior approval of the Deputy Administrator of the Plant Protection and Quarantine Programs before any phase of cold treatment is begun. Requests for such approval shall be made to the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. <SU>1</SU> <FTREF/> Hereafter before a shipboard refrigeration installation will be approved it must first be certified by the American Bureau of Shipping or a comparable agency as in good order, with the insulated spaces clean and otherwise in satisfactory condition.</P> <FTNT> <P> <SU>1</SU> Applications for permits to import fruit under this subpart may be made to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(d) <E T="03">Caution and disclaimer.</E> The cold treatments required for the entry of fruit are considered necessary for the elimination of plant pests, and no liability shall attach to the U.S. Department of Agriculture or to any officer or representative of that Department in the event injury results to fruit offered for entry in accordance with these instructions. In prescribing cold treatments of certain fruits, it should be emphasized that inexactness and carelessness in applying the treatments may result in injury to the fruit, or its rejection for entry. Oranges have been successfully cold treated for the false codling moth in commercial shipments at the temperature prescribed in paragraph (a)(2)(v) of this section. Since commercial varieties of oranges show a wide variation in acceptable refrigeration temperatures, it is recommended that extensive tests be made with each <PRTPAGE P="286"/>variety in the country of origin before shipping in commercial quantities.</P> <CITA>[31 FR 16601, Dec. 29, 1966; as amended at 32 FR 12832, Sept. 8, 1967; 32 FR 13215, Sept. 19, 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR 40796, Aug. 10, 1994; 59 FR 67610, Dec. 30, 1994; 61 FR 47666, Sept. 10, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2e</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of cipollini from Morocco.</SUBJECT> <P>(a) Shipments of cipollini (Muscari comosum) from Morocco have frequently been found infested at time of entry with an injurious insect, Exosoma lusitanica, not known to occur in the United States. The limited type of inspection at our disposal is not considered adequate to detect all cases of infestation and, since the effectiveness of methyl bromide fumigation in freeing this product from the insect in question is now well established, it has been decided to require this fumigation as a condition of entry for future shipments.</P> <P>(b) On and after December 7, 1939, therefore, fumigation with methyl bromide will be a condition of entry for all shipments of cipollini from Morocco. This treatment shall be carried out under the supervision of a plant quarantine inspector at the expense of the importer, and release of the shipment will be withheld until the treatment has been completed. In addition to fumigation only such inspection will be given as the inspector may judge necessary from time to time to determine pest conditions on arrival or to assure himself of the effectiveness of the treatment.</P> <P>(c) The entry of cipollini from Morocco may be made only through the ports of New York and Boston at which ports facilities for vacuum fumigation with methyl bromide, as herein required, are available.</P> <CITA>[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2f</SECTNO> <SUBJECT>Administrative instructions governing importation of grapefruit, lemons, and oranges from Argentina.</SUBJECT> <P>Fresh grapefruit, lemons, and oranges may be imported from Argentina into the continental United States (the contiguous 48 States, Alaska, and the District of Columbia) only under permit and only in accordance with this section and all other applicable requirements of this subpart.</P> <P>(a) <E T="03">Origin requirement.</E> The grapefruit, lemons, or oranges must have been grown in a grove located in a region of Argentina that has been determined to be free from citrus canker. The following regions in Argentina have been determined to be free from citrus canker: The States of Catamarca, Jujuy, Salta, and Tucuman.</P> <P>(b) <E T="03">Grove requirements.</E> The grapefruit, lemons, or oranges must have been grown in a grove that meets the following conditions:</P> <P>(1) The grove must be registered with the citrus fruit export program of the ServicioNacional de Sanidad y Calidad Agroalimentaria (SENASA).</P> <P>(2) The grove must be surrounded by a 150-meter-wide buffer area. No citrus fruit grown in the buffer area may be offered for importation into the United States.</P> <P>(3) Any new citrus planting stock used in the grove must meet one of the following requirements:</P> <P>(i) The citrus planting stock originated from within a State listed in paragraph (a) of this section; or</P> <P>(ii) The citrus planting stock was obtained from a SENASA-approved citrus stock propagation center.</P> <P>(4) All fallen fruit, leaves, and branches must be removed from the ground in the grove and the buffer area before the trees in the grove blossom. The grove and buffer area must be inspected by SENASA before blossom to verify that these sanitation measures have been accomplished.</P> <P>(5) The grove and buffer area must be treated at least twice during the growing season with an oil-copper oxychloride spray. The timing of each treatment shall be determined by SENASA's expert system based on its monitoring of climatic data, fruit susceptibility, and the presence of disease inoculum. The application of treatments shall be monitored by SENASA to verify proper application.</P> <P>(6) The grove and buffer area must be surveyed by SENASA 20 days before the grapefruit, lemons, or oranges are harvested to verify the grove's freedom <PRTPAGE P="287"/>from citrus black spot (<E T="03">Guignardia citricarpa</E>) and sweet orange scab (<E T="03">Elsinoe australis</E>). The grove's freedom from citrus black spot and sweet orange scab shall be verified through:</P> <P>(i) Visual inspection of the grove and buffer area; and</P> <P>(ii) The sampling of 4 fruit from each of 298 randomly selected trees from each grove and buffer area covering a maximum area of 800 hectares. If the area to be sampled exceeds 800 hectares, SENASA must contact APHIS for APHIS' determination as to the number of trees to be sampled. The sampled fruit must be taken from those portions of the trees that are mostly likelyto have infected, symptomatic fruit (<E T="03">i.e.</E> near the outer, upper part of the canopy on the sides of the tree that receive the most sunlight). The sampled fruit must be held in the laboratory for 20 days at 27 °C, 80 percent relative humidity, and in permanent light to promote the expression of symptoms in any fruit infected with citrus black spot.</P> <P>(c) <E T="03">After harvest.</E> After harvest, the grapefruit, oranges, or lemons must be handled in accordance with the following conditions:</P> <P>(1) The fruit must be moved from the grove to the packinghouse in field boxes or containers of field boxes that are marked to show the SENASA registration number of the grove in which the fruit was grown. The identity of the origin of the fruit must be maintained.</P> <P>(2) During the time that any grapefruit, lemons, or oranges from groves meeting the requirements of paragraph (b) of this section are in the packinghouse, no fruit from groves thatdo not meet the requirements of paragraph (b) of this section may enter the packinghouse. A packinghouse technician registered with SENASA must verify the origin of all fruit entering the packinghouse.</P> <P>(3) After arriving at the packinghouse, the fruit must be held at room temperature for 4 days to allow bruises or other fruit damage to become apparent.</P> <P>(4) After the 4-day holding period, bruised or damaged fruit must be culled and the fruit must be inspected by SENASA to verify its freedom from citrus black spot and sweet orange scab. The fruit must then be chemically treated as follows:</P> <P>(i) Immersion in sodium hypochlorite (chlorine) at a concentration of 200 parts per million for 2 minutes;</P> <P>(ii) Immersion in orthophenilphenate of sodium;</P> <P>(iii) Spraying with imidazole; and</P> <P>(iv) Application of 2-4 thiazalil benzimidazole and wax.</P> <P>(5) Before packing, the treated fruit must be individually labeled with a sticker that identifies the packinghouse in which they were packed and must be inspected by SENASA to verify its freedom from citrus black spot and sweet orange scab and to ensure that all stems, leaves, and other portions of plants have been removed from the fruit.</P> <P>(6) The fruit must be packed in clean, new boxes that are marked with the SENASA registration number of the grove in which the fruit was grown and a statement indicating that the fruit may not be distributed in Hawaii, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, or in any State (each of which must be individually listed) into which the distribution of the fruit is prohibited pursuant to paragraph (g)(1) or (g)(2) of this section.</P> <P>(d) <E T="03">Phytosanitary certificate.</E> Grapefruit, lemons, and oranges offered for entry into the United States from Argentina must be accompanied by a phytosanitary certificate issued by SENASA that states the grapefruit, lemons, or oranges were produced and handled in accordance with the requirements of paragraphs (a), (b), and (c) of this section and that the grapefruit, lemons, or oranges are apparently free from citrus black spot and sweet orange scab.</P> <P>(e) <E T="03">Cold treatment.</E> Due to the presence in Argentina of Mediterranean fruit fly (Medfly) (<E T="03">Ceratitis capitata</E>) and fruit flies of the genus <E T="03">Anastrepha</E>, grapefruit, lemons (except smooth-skinned lemons), and oranges offered for entry from Argentina must be treated with an authorized cold treatment listed in the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at <PRTPAGE P="288"/>§ 300.1 of this chapter. The cold treatment must be conducted in accordance with the requirements of § 319.56-2d of this subpart.</P> <P>(f) <E T="03">Disease detection.</E> If, during the course of any inspection or testing required by this section or § 319.56-6 of this subpart, or at any other time, citrus black spot or sweet orange scab is detected on any grapefruit, lemons, or oranges, APHIS and SENASA must be notified and the grove in which the fruit was grown or is being grown shall be removed from the SENASA citrus export program for the remainder of that year's growing and harvest season, and the fruit harvested from that grove may not be imported into the United States from the time of detection through the remainder of that shipping season.</P> <P>(g) <E T="03">Limitations on distribution.</E> The distribution of the grapefruit, lemons, and oranges is limited to the continental United States (the 48 contiguous States, Alaska, and the District of Columbia.). In addition, during the 2000 through 2003 shipping seasons, the distribution of the grapefruit, lemons, and oranges is further limited as follows:</P> <P>(1) During the 2000 and 2001 shipping seasons, the fruit may be distributed in all areas of the continental United States except Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Louisiana, Mississippi, Nevada, New Mexico, Oklahoma, Oregon, Texas, and Utah.</P> <P>(2) During the 2002 and 2003 shipping seasons, the fruit may be distributed in all areasof the continental United States except Arizona, California, Florida, Louisiana, and Texas.</P> <P>(3) For the 2004 shipping season and beyond, the fruit may be distributed in all areas of the continental United States.</P> <P>(h) <E T="03">Ports of entry.</E> The grapefruit, lemons, and oranges may enter the United States only through a port of entry located in a State where the distribution of the fruit is authorized pursuant to paragraph (g) of this section.</P> <P>(i) <E T="03">Repackaging.</E> If any grapefruit, lemons, or oranges are removed from their original shipping boxes and repackaged, the stickers required by paragraph (c)(5) of this section may not be removed or obscured and the new boxes must be clearly marked with all the information required by paragraph (c)(6) of this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0134)</APPRO> <CITA>[65 FR 37668, June 15, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2g</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of garlic from specified countries.</SUBJECT> <P>(a) Except as otherwise provided in these administrative instructions, fumigation with methyl bromide in vacuum fumigation chambers, in accordance with the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter, is a condition of entry under permit for all shipments of garlic (<E T="03">Allium sativum</E>) from Algeria, Armenia, Austria, Azerbaijan, Czech Republic, Egypt, Estonia, France, Georgia, Germany, Greece, Hungary, Iran, Israel, Italy, Latvia, Lithuania, Moldova, Morocco, Portugal, Romania, the area of the Russian Federation west of the Ural Mountains, Slovakia, South Africa (Republic of), Spain, Switzerland, Syria, Turkey, Ukraine, and the area of the former Yugoslavia. Fumigation is to be carried out under the supervision of a plant quarantine inspector and at the expense of the importer. While it is believed that the garlic will be unaffected by the fumigation, the treatment will be at the importer's risk. Such entry will be limited to ports named in the permits, where approved facilities for vacuum fumigation with methyl bromide are available.</P> <P>(b)(1) The following alternate procedure is approved by the Deputy Administrator of the Plant Protection and Quarantine Programs as a condition of entry under permit for shipments of garlic (Allium sativum) from Italy and Spain:</P> <P>(i) A certificate shall be obtained from the appropriate phytosanitary official of the country of origin to the effect that such garlic is free of living stages of Brachycerus spp. and Dyspessa ulula (Bkh.), said certification to be based on field inspection and certification and subsequent reexamination at the port of departure prior to exportation. The <PRTPAGE P="289"/>phytosanitary certificate to be issued by such official shall show the shipment to be either initially free from these pests or to have been fumigated.</P> <P>(ii) The original copy of the phytosanitary certificate shall be attached to the manifest accompanying the shipment. However, with the consent of the Plant Quarantine inspector, the importer may arrange to have the original phytosanitary certificate mailed direct to the Inspector in Charge, Plant Protection and Quarantine Programs, at the port of entry, if this will expedite inspection and release of certified shipments. If such an arrangement is made, a copy of the phytosanitary certificate shall be attached to the manifest accompanying the shipment.</P> <P>(iii) Shipments of certified Italian or Spanish garlic will be subject to inspection upon arrival in the United States and if found infested with living stages of Brachycerus spp. or Dyspessa ulula (Bkh.) shall be fumigated in accordance with paragraph (a) of this section.</P> <P>(2) The entry of certified garlic under the alternate procedure provided for in paragraph (b)(1) of this section will be limited to the ports named in paragraph (a)(1) of this section or such other ports as may subsequently be named in the permits.</P> <P>(3) Continuance of the alternate procedure provided for in paragraph (b)(1) of this section for the importation of Italian or Spanish garlic is contingent upon the satisfactory observance of such procedure by the respective countries of origin.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 35 FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 62 FR 50235, Sept. 25, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2h</SECTNO> <SUBJECT>Regulations governing the entry of grapes from Australia.</SUBJECT> <P>(a) <E T="03">Importations allowed.</E> (1) Grapes from Australia may be imported into the United States only if they are inspected by an inspector of the Animal and Plant Health Inspection Service [APHIS], either in Australia or the United States, and treated with an authorized treatment under the supervision of an APHIS inspector for the following pests: the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E>), the Queensland fruit fly (<E T="03">Dacus tryoni</E>), and the light brown apple moth (<E T="03">Epiphyas postvittana</E>).</P> <P>(2) If an APHIS inspector finds evidence of any other insect pests for which a treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, the grapes will remain eligible for importation into the United States only if they are treated for the pests in Australia, or at their first port of arrival in the United States, under the supervision of an APHIS inspector.</P> <P>(b) <E T="03">Authorized treatments.</E> Authorized treatments are listed in the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.”</P> <P>(c) <E T="03">Trust Fund Agreement.</E> Grapes that undergo the fumigation phase of their treatment in Australia may be imported into the United States only if the national plant protection service of Australia has entered into a trust fund agreement with APHIS. This agreement requires the national plant protection service of Australia to pay in advance all costs that APHIS estimates it will incur in providing services in Australia. These costs include administrative expenses and all salaries (including overtime and the Federal share of employee benefits), travel expenses, and other incidental expenses incurred by APHIS inspectors in performing these services. The agreement requires the national plant protection service of Australia to deposit a certified or cashier's check with APHIS for the amount of these costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires the national plant protection service of Australia to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before the grapes may be imported. After a final audit at the conclusion of each shipping season, any overpayment of funds would be returned to the national plant protection service of Australia, or held on account until needed.<PRTPAGE P="290"/> </P> <P>(d) <E T="03">Department not responsible for damage.</E> The treatment for grapes from Australia prescribed in the Plant Protection and Quarantine Treatment Manual is judged from experimental tests to be safe. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment.</P> <CITA>[55 FR 25953, June 26, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2i</SECTNO> <SUBJECT>Administrative instructions prescribing treatments for mangoes from Central America, South America, and the West Indies.</SUBJECT> <P>(a) <E T="03">Authorized treatments.</E> Treatment with an authorized treatment listed in the PlantProtection and Quarantine Treatment Manual will meet the treatment requirements imposed under § 319.56-2 as a condition for the importation into the United States of mangoes from Central America, South America, and the West Indies. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.”</P> <P>(b) <E T="03">Department not responsible for damage.</E> The treatments for mangoes prescribed in the Plant Protection and Quarantine Treatment Manual are judged from experimental tests to be safe. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment.</P> <CITA>[65 FR 37669, June 15, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2j</SECTNO> <SUBJECT>Conditions governing the entry of apples and pears from Australia (including Tasmania) and New Zealand. <SU>2</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>2</SU> Apples and pears from Australia (excluding Tasmania) where certain tropical fruit flies occur are also subject to the cold treatment requirements of § 319.56-2d.</P> </FTNT> <P>Apples and pears from Australia (including Tasmania) and New Zealand may be imported only in accordance with § 319.56-2(e) (2) or (3) and under permit and in compliance with this section and the other requirements of this subpart.</P> <P>(a) <E T="03">Conditions of entry—</E>(1) <E T="03">Statistical sample inspection.</E> A biometrically designed statistical sample will be taken under § 319.56-6 by the inspector of the plant protection and quarantine programs from each shipment <SU>3</SU> <FTREF/> of apples and each shipment of pears moved from New Zealand or Australia (including Tasmania), that are offered for entry into the United States and, if inspection of such sample discloses that pests of the family Tortricidae (fruit-leaf roller complex) which are dangerous and destructive pests of apples and pears are not present in the shipment sampled and the shipment therefore does not present a risk of introducing such pest, such fruit may be imported under § 319.56-2(e)(2) without treatment as prescribed in paragraph (a)(2) of this section. If any such pests are found on such inspection the shipment must be treated as prescribed in paragraph (a)(2) of this section.</P> <FTNT> <P> <SU>3</SU>A shipment is defined as all of a type (genus) of fruit from the same country of origin offered at a U.S. port and from a single carrier, regardless of marks and numbers, growers’ lots, Customs entries, or numbers of importers involved.</P> </FTNT> <P>(2) <E T="03">Approved fumigation.</E> Fumigation with methyl bromide in accordance with procedures described in this section is effective against certain insect pests of the family Tortricidae found in Australia (including Tasmania) and New Zealand. Accordingly, this treatment is required as a condition of entry under § 319.56-2(e)(3) for any shipment of apples or pears required to be treated under paragraph (a)(1) of this section.</P> <FP>The fruit may be fumigated in normal atmospheric chambers, under tarpaulins, in van trucks or other enclosures that have been approved for that purpose by an inspector of the plant protection and quarantine programs. When the fumigation is carried out, it must be accomplished in a manner satisfactory to the inspector to insure adequate air and commodity temperatures, and proper volatilization, distribution, and concentration of the fumigant, for effective destruction of all such pests present. Apples and pears to be fumigated may be packed in wooden crates, fiberboard cartons, or other gas-permeable containers. The fruit must be packed so as to provide for <PRTPAGE P="291"/>maximum distribution of the fumigant. If the fruit is packed in a gas-impervious liner, the liner must be perforated to provide for the entry and aeration of the methyl bromide gas. The individual fruit may be wrapped with tissue paper. Cubic feet of space under fumigation shall include the load of fruit to be fumigated. The exposure period shall begin when all the fumigant which has been introduced into the chamber or enclosure has been volatilized. The fumigation temperatures required in these treatments shall be that of the pulp temperatures of the fruit. Fumigation with methyl bromide shall be in accordance with the following schedules:</FP> <P>(i) Chamber: <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> MB=methyl bromide; NAP=normal atmospheric pressure.</P> </FTNT> <GPOTABLE CDEF="s30,r90" COLS="2" OPTS="L0,7/8"> <ROW> <ENT I="01">MB at NAP</ENT> <ENT>1<FR>1/2</FR> lb for 2 hours at 80-89 °F.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT>2 lb for 2 hours at 70°-79 °F.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT>2<FR>1/2</FR> lb for 2 hours at 60-69 °F.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT>3 lb for 2 hours at 50-59 °F.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT>4 lb for 2 hours at 40-49 °F.</ENT> </ROW> </GPOTABLE> <P>(ii) Tarpaulin truck van and refrigerator railway car fumigation:</P> <GPOTABLE CDEF="s30,r90" COLS="2" OPTS="L0,7/8"> <ROW> <ENT I="01">MB at NAP</ENT> <ENT>1<FR>1/2</FR> lb/1,000 ft<SU>3</SU> for 2<FR>1/2</FR> hours at 80-89 °F. (18 oz minimum gas concentration at <FR>1/2</FR> hour) (14 oz minimum gas concentration at 2<FR>1/2</FR> hours). 2 lbs/1,000 ft<SU>3</SU> for 2<FR>1/2</FR> hours at 70-79 °F. (25 oz minimum gas concentration at <FR>1/2</FR> hour) (18 oz minimum gas concentration at 2<FR>1/2</FR> hours). 2<FR>1/2</FR> lbs/1,000 ft<SU>3</SU> for 2<FR>1/2</FR> hours at 60-69 °F. (31 oz minimum gas concentration at <FR>1/2</FR> hour) (24 oz minimum gas concentration at 2<FR>1/2</FR> hours). 3 lbs/1,000 ft<SU>3</SU> for 2<FR>1/2</FR> hours at 50 -59 °F. (36 oz minimum gas concentration at <FR>1/2</FR> hour) (28 oz. minimum gas concentration at 2<FR>1/2</FR> hours). 4 lb/1,000 ft<SU>3</SU> for 2<FR>1/2</FR> hours at 40-49 °F. (45 oz minimum gas concentration at <FR>1/2</FR> hour) (34 oz minimum gas concentration at 2<FR>1/2</FR> hours).</ENT> </ROW> </GPOTABLE> <P>(3) <E T="03">Ports of entry.</E> Apples and pears to be offered for entry under this section may be shipped to any U.S. port where inspectors are located and which are named in the permit.</P> <P>(4) <E T="03">Supervision of treatment.</E> The treatment approved in this section must be conducted under the supervision of an inspector of the plant protection and quarantine programs. The inspector shall require such safeguards in each specific case for unloading and handling of the fruit at the port of entry, transportation of the fruit from the place of unloading to the treatment facilities, and its handling during fumigation and aeration as required by paragraph (a)(2) of this section, as he deems necessary to prevent the spread of insect pests and assure compliance with the provisions of this subpart.</P> <P>(5) <E T="03">Costs.</E> All costs of treatment, required safeguards, and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the fruit or his representative.</P> <P>(6) <E T="03">Department not responsible for damages.</E> The treatment prescribed in paragraph (a)(2) of this section is judged from experimental tests and uses for quarantine purposes to be safe for fumigation of apples and pears. However, the Department assumes no responsibility for any damage sustained through or in the course of the treatment or because of safeguards required under paragraph (a)(4) of this section.</P> <CITA>[38 FR 9005, Apr. 9, 1973, as amended at 47 FR 13320, Mar. 30, 1982. Redesignated at 50 FR 9788, Mar. 12, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2k</SECTNO> <SUBJECT>Administrative instructions prescribing method of fumigation of field-grown grapes from specified countries.</SUBJECT> <P>Approved fumigation with methyl bromide at normal atmospheric pressure, in accordance with the following procedure, is hereby prescribed as a condition of entry under permit for all shipments of field-grown grapes from the continental countries of southern and middle Europe, North Africa, and the Near East listed in paragraph (a) of this section. This fumigation shall be in addition to other conditions prescribed in the permit as conditions of entry for field-grown grapes from the areas named.</P> <P>(a) <E T="03">Continental countries of southern and middle Europe, North Africa, and the Near East.</E> As used in this section, the term “continental countries of southern and middle Europe, North Africa, and the Near East” means Algeria, Austria, Bulgaria, Cyprus, Egypt, <PRTPAGE P="292"/>France, Germany, Greece, Hungary, Israel, Italy, Libya, Luxembourg, Portugal, Spain, Switzerland, Syria, and Union of Soviet Socialist Republics.</P> <P>(b) <E T="03">Ports of entry.</E> Grapes to be offered for entry must be shipped from the country of origin to New York or such other North Atlantic ports as may be named in the permit.</P> <P>(c) <E T="03">Precooling of fruit.</E> Grapes to be offered for entry must be shipped under refrigeration and the fruit may not be removed from the vessel until the inspector has satisfied himself that this requirement has been complied with and that the fruit can be moved promptly for treatment without danger of plant pest dissemination. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Grapes from countries where the Mediterranean fruit fly occurs are subject to the cold treatment as described in § 319.56-2d. Under certain conditions such treatment may be effected in transit or upon arrival at the port of New York.</P> </FTNT> <P>(d) <E T="03">Approved fumigation.</E> Approved fumigation shall consist of fumigation with methyl bromide at normal atmospheric pressure in a fumigation chamber that has been approved for that purpose by the Plant Protection and Quarantine Programs. The fumigation may also be accomplished under tarpaulins in a manner, satisfactory to the inspector, that will insure adequate air and fruit temperatures, volatilization, distribution, and concentration of the fumigant. Such fumigation shall be in accordance with the following fumigation schedule:</P> <GPOTABLE CDEF="s20,9.8,5.4" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature, degrees F.</CHED> <CHED H="1">Methyl bromide dosage in pounds per 1,000 cubic feet</CHED> <CHED H="1">Exposure time—hours</CHED> </BOXHD> <ROW> <ENT I="01">70-79</ENT> <ENT>2</ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">60-69</ENT> <ENT>2<FR>1/2</FR> </ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">50-59</ENT> <ENT>3</ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">40-49</ENT> <ENT>3<FR>1/2</FR> </ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> </GPOTABLE> <P>(e) <E T="03">Supervision of fumigation.</E> Inspectors of the Plant Protection and Quarantine Programs shall supervise the fumigation of grapes and shall prescribe such safeguards as may be necessary for unloading, handling, and transportation preparatory to fumigation or other treatment. The final release of the fruit for entry into the United States will be conditioned upon compliance with prescribed safeguards and required treatments.</P> <P>(f) <E T="03">Costs.</E> All costs of treatment and required safeguards and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the grapes or his representative.</P> <P>(g) <E T="03">Department not responsible for damage.</E> The treatment prescribed in paragraph (d) of this section is judged from experimental tests to be safe for use with field-grown grapes. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment or by compliance with requirements under paragraph (e) of this section or in the precooling of fruit required prior to unloading from the vessel.</P> <CITA>[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2l</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of imported yams.</SUBJECT> <P>(a) <E T="03">Fumigation upon arrival.</E> Except as otherwise provided in paragraph (b) of this section, approved fumigation with methyl bromide at normal atmospheric pressure, in accordance with the following procedure, upon arrival at the port of entry, is hereby prescribed as a condition of importation under permit under § 319.56-2 for shipments of yams from all foreign countries.</P> <P>(1) <E T="03">Ports of entry.</E> Yams to be offered for entry may be shipped, under permit under § 319.56-2, direct from the country of origin to ports in the United States where approved fumigation facilities are available.</P> <P>(2) <E T="03">Approved fumigation.</E> (i) The approved fumigation shall consist of fumigation with methyl bromide at normal atmospheric pressure, in a fumigation chamber that has been approved for that purpose by the Plant Protection and Quarantine Programs. The dosage shall be applied at the following rates:</P> <GPOTABLE CDEF="s20,9.8,5.4" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature, (°F.)</CHED> <CHED H="1">Dosage (pounds of methyl bromide per 1,000 cubic feet)</CHED> <CHED H="1">Exposure period (hours)</CHED> </BOXHD> <ROW> <ENT I="01">90-96</ENT> <ENT>2.5</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="01">80-89</ENT> <ENT>3.0</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="01">70-79</ENT> <ENT>3.5</ENT> <ENT>4</ENT> </ROW> </GPOTABLE> <PRTPAGE P="293"/> <P>(ii) Yams to be fumigated may be packed in slatted crates or other gas-permeable containers. The fumigation chamber shall not be loaded to more than two-thirds of its capacity. The four-hour exposure period shall begin when all the fumigant has been introduced into the chamber and volatilized. Cubic feet of space shall include the load of yams to be fumigated. The required temperatures apply to both the air and the yams. Good circulation above and below the load shall be provided as soon as the yams are loaded in the chamber and shall continue during the full period of fumigation and until the yams have been removed to a well-ventilated location. Fumigation of yams below the minimum temperature prescribed in the fumigation schedule may result in injury to the yams and should be avoided. Yams are sensitive to bruising and should be carefully packed to prevent this. At the same time they should be given as much aeration as possible.</P> <P>(3) <E T="03">Other conditions.</E> (i) Inspectors of the Plant Protection and Quarantine Programs will supervise the fumigation of yams and will specify such safeguards as may be necessary for their handling and transportation before and after fumigation, if, in the opinion of the inspector, this is necessary to assure there will be no pest risk associated with the importation and treatment. Final release of the yams for entry into the United States will be conditioned upon compliance with the specified safeguards.</P> <P>(ii) Supervision of approved fumigation chambers will, if practicable, be carried on as a part of normal port inspection activities. When so available such supervision will be furnished without cost to the owner of the yams or his representative.</P> <P>(4) <E T="03">Costs.</E> All costs of treatment and required safeguards and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the yams, or his representative.</P> <P>(5) <E T="03">Department not responsible for damage.</E> While the prescribed treatment is judged from experimental tests to be safe for use with yams, the Department assumes no responsibility for any damage sustained through or in the course of treatment or because of pretreatment or posttreatment safeguards.</P> <P>(b) <E T="03">Alternate procedures.</E> (1) Yams produced in Japan and offered for entry under a permit issued in accordance with § 319.56-2 shall be subject to examination by an inspector at the port of entry. If this examination shows the yams to be free of plant pests, they may be imported without the fumigation required by paragraph (a) of this section.</P> <P>(2) Yams produced in Cuba, if satisfactorily treated in Cuba and otherwise handled and certified as provided in this subparagraph will be eligible for entry under permit under § 319.56-2.</P> <P>(i) <E T="03">Approved fumigation.</E> The yams shall be fumigated at approved plants in Cuba in accordance with paragraph (a)(2) of this section.</P> <P>(ii) <E T="03">Approval of fumigation plants; costs of supervision.</E> Fumigation in Cuba will be contingent upon the availability of a fumigation plant, approved by the Deputy Administrator of the Plant Protection and Quarantine Programs, to apply the treatment prescribed in paragraph (a)(2) of this section and upon the availability of qualified personnel for assignment to approve the plant and to supervise the treatment and posttreatment handling of the yams in Cuba. Those in interest must make advance arrangements for approval of the fumigation plant and for supervision, and furnish the Deputy Administrator of the Plant Protection and Quarantine Programs with acceptable assurances that they will provide, without cost to the United States Department of Agriculture, for all transportation, per diem, and other incidental expenses of such personnel and compensation for such personnel for their services in excess of 40 hours weekly, in connection with such approval and supervision, according to the rates established for the payment of inspectors of the Plant Protection and Quarantine Programs.</P> <P>(iii) <E T="03">Supervision of fumigation and subsequent handling.</E> The fumigation prescribed in this paragraph and the subsequent handling of the yams so fumigated must be under the supervision of <PRTPAGE P="294"/>a representative of the Plant Protection and Quarantine Programs. The treated yams must be safeguarded against insect infestation during the period prior to shipment from Cuba, in a manner required by such representative.</P> <P>(iv) <E T="03">Certification.</E> Yams will be certified by a representative of the Plant Protection and Quarantine Programs in Cuba for entry into the United States upon the basis of treatment under this subparagraph and compliance with the posttreatment safeguard requirements imposed by such representative. The final release of the yams for entry into the United States will be conditioned upon compliance with such requirements and upon satisfactory inspection on arrival to determine efficacy of treatment.</P> <P>(v) <E T="03">Costs.</E> All costs incident to fumigation, including those for construction, equipping, maintaining and operating fumigation plants and facilities, and carrying out requirements of posttreatment safeguards, and all costs as indicated in paragraph (b)(2)(ii) of this section incident to plant approval and supervision of treatment and subsequent handling of the yams in Cuba shall be borne by the owner of the yams or his representative.</P> <P>(vi) <E T="03">Department not responsible for damage.</E> The treatment prescribed in paragraph (a)(2) of this section is judged from experimental tests to be safe for use with yams. However, the Department assumes no responsibility for any damage sustained through or in the course of treatment, or because of posttreatment safeguards.</P> <P>(vii) <E T="03">Ports of entry.</E> Yams to be offered for entry in accordance with the alternate procedure provided for in this subparagraph may be entered under permit under § 319.56-2 at any United States port where an inspector is stationed.</P> <P>(viii) <E T="03">Ineligible shipments.</E> Any shipments of yams produced in Cuba that are not eligible for certification under the alternate procedure provided for in this paragraph may enter only upon compliance with paragraph (a) of this section.</P> <CITA>[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2m</SECTNO> <SUBJECT>Administrative instructions prescribing method of fumigation of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile.</SUBJECT> <P>Approved fumigation with methyl bromide at normal atmospheric pressure, in accordance with the following procedure, is hereby prescribed as a condition of entry under permit for all shipments of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile. This fumigation shall be in addition to other conditions that may be prescribed in the permit, such as a limitation as to origin, and requirements as to marking containers, safeguarding shipments from fruit fly infestation, and obtaining Chilean certification.</P> <P>(a) <E T="03">Ports of entry.</E> (1) Grapes from Chile may be imported through all maritime ports when approved facilities are available for fumigation in approved chambers or under tarpaulins.</P> <P>(2) Apricots, nectarines, peaches, plumcot, and plums from Chile may be imported through ports on the Great Lakes, or on the Atlantic and Gulf Coasts (exclusive of Florida ports), subject to the availability of such approved fumigation facilities.</P> <P>(b) <E T="03">Approved fumigation.</E> Approved fumigation shall consist of fumigation with methyl bromide at normal atmospheric pressure in a fumigation chamber that has been approved for that purpose by the Plant Protection and Quarantine Programs. The fumigation may also be accomplished under tarpaulins in a manner, satisfactory to the inspector, that will ensure adequate air and fruit temperatures, and volatilization, distribution, and concentration of the fumigant. The treatment period shall be 2 hours for chamber fumigation and 2<FR>1/2</FR> hours for tarpaulin fumigation, and the load shall not exceed 80 percent of the chamber volume or area enclosed by the tarpaulin. The fumigation shall be in accordance with the following schedule:</P> <GPOTABLE CDEF="s20,12.10" COLS="2" OPTS="L2"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Dosage—pounds of methyl bromide per 1,000 cu. ft.</CHED> </BOXHD> <ROW> <ENT I="02">80-89 (inclusive)</ENT> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">70-79 (inclusive)</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">60-69 (inclusive)</ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">50-59 (inclusive)</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">40-49 (inclusive)</ENT> <ENT>4</ENT> </ROW> </GPOTABLE> <PRTPAGE P="295"/> <P>(c) <E T="03">Supervision of fumigation.</E> Inspectors of the Plant Protection and Quarantine Programs shall supervise the fumigation of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile and shall prescribe such safeguards as may be necessary for unloading, handling, and transportation preparatory to fumigation or other treatment. The final release of the fruit for entry into the United States will be conditioned upon compliance with prescribed safeguards and required treatments.</P> <P>(d) <E T="03">Costs.</E> All costs of treatment and required safeguards and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the fruits or his representative.</P> <P>(e) <E T="03">Department not responsible for damage.</E> The treatment prescribed in paragraph (b) of this section is judged from experimental tests to be safe for use with apricots, grapes, nectarines, peaches, plumcot, and plums from Chile. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment or by compliance with requirements under paragraph (c) of this section.</P> <CITA>[25 FR 10865, Nov. 16, 1960, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; 58 FR 69179, Dec. 30, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2n</SECTNO> <SUBJECT>Administrative instructions prescribing a combination treatment of fumigation plus refrigeration for certain fruits.</SUBJECT> <P>Fumigation with methyl bromide at normal atmospheric pressure followed by refrigerated storage, in accordance with the procedures described in this section, is specific for the Mediterranean fruit fly, the oriental fruit fly, and the grape vine moth, and for certain pests of grapes and other fruit from Chile, but may not be effective against certain other dangerous pests of fruit. Accordingly this treatment will be approved for use as an alternative method of treatment to the methods prescribed in § 319.56-2d and § 319.56-2n, in connection with the issuance of permits under § 319.56-4 for the importation of fruits from any country when it is determined that the pest risk involved in the proposed importation is such that it will be eliminated by this treatment.</P> <P>(a) <E T="03">Ports of entry.</E> Fruits to be offered for entry may be shipped from the country of origin to United States ports which are named in the permit.</P> <P>(b) <E T="03">Approved treatment.</E> The phases of the combination treatment shall consist of fumigation and aeration, and a precooling and refrigeration period. The fumigation dosage rates and refrigeration periods are designated in the following table:<PRTPAGE P="296"/> </P> <GPOTABLE CDEF="s70,7.6,7.5,7.5,7.5,7.5" COLS="6" OPTS="L2,p7,7/8"> <BOXHD> <CHED H="1">Methyl bromide at 70 °F. or above dosage</CHED> <CHED H="1">Exposure period</CHED> <CHED H="1">Days of refrigeration at—</CHED> <CHED H="2">33-37 °F.</CHED> <CHED H="2">34-40 °F.</CHED> <CHED H="2">43-47 °F.</CHED> <CHED H="2">50-56 °F.</CHED> </BOXHD> <ROW> <ENT I="01">2 pounds/1000 cubic feet</ENT> <ENT>2 hours</ENT> <ENT>4</ENT> <ENT/> <ENT>11</ENT> <ENT/> </ROW> <ROW> <ENT I="01">2 pounds/1000 cubic feet</ENT> <ENT>2<FR>1/2</FR> hours</ENT> <ENT/> <ENT>4</ENT> <ENT>6</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="01">2 pounds/1000 cubic feet</ENT> <ENT>3 hours</ENT> <ENT/> <ENT/> <ENT>3</ENT> <ENT>6</ENT> </ROW> </GPOTABLE> <PRTPAGE P="297"/> <P>(1) <E T="03">Fumigation and aeration.</E> The approved fumigation shall consist of fumigation with methyl bromide at 70 °F. or above at normal atmospheric pressure in a fumigation chamber that has been approved for that purpose by the Plant Protection and Quarantine Programs. The fumigation may also be accomplished under tarpaulins, in a manner satisfactory to the inspector, that will insure adequate air circulation and proper volatilization, distribution, and concentration of the fumigant. The fruit may be packed in field boxes, slatted crates, or well-perforated, unwaxed cardboard cartons with approved packing material such as wood excelsior or cardboard dividers. The fruit may be individually wrapped with conventional tissue which is gas permeable. When stacking the fruit for fumigation, spacing must be provided to insure adequate gas circulation. The load shall not exceed 80 percent of the volume of the area under fumigation. Following the fumigation, an aeration period of 2 hours is required.</P> <P>(2) <E T="03">Precooling and refrigeration period.</E> At the conclusion of the aeration period, the fruit shall be precooled and refrigerated in approved facilities for any one of the periods designated in the table in this section. Cooling shall begin as soon as possible after the aeration period, but in no event may the time lapse between the termination of fumigation and the beginning of the precooling exceed 24 hours. Cooling to the required refrigeration temperature shall be effected as soon as possible. The refrigeration period shall not commence until the fruit pulp temperatures indicate the prescribed temperature range has been reached.</P> <P>(c) <E T="03">Supervision of treatment and subsequent handling.</E> The treatment approved in this section and the subsequent handling of the fruit so treated must be conducted under the supervision of an inspector of the Plant Protection and Quarantine Programs. If any part of the treatment is conducted in the country of origin, the organization requesting the service must enter into a formal agreement with this Plant Protection and Quarantine Programs to secure the services of an inspector.</P> <P>(d) <E T="03">Costs.</E> All costs of treatment, required safeguards, and supervision of treatments by the inspector shall be borne by the owner of the fruit, or his representative, when the treatment is given in foreign countries. There is no charge for supervision of treatments given at authorized U.S. ports of entry during regularly scheduled hours of duty.</P> <P>(e) <E T="03">Department not responsible for damage.</E> The treatment prescribed in paragraph (b) of this section is judged from limited experimental tests to be safe for use with fruits likely to be infested with the Mediterranean fruit fly or the oriental fruit fly, or with the grape vine moth or other pests of grapes or other fruits from Chile. However, the Department assumes no responsibility for any damage sustained through or in the course of the treatment. There has not been an opportunity to test the treatment on all varieties of fruits that may be offered for entry from various countries. It is recommended that the phytotoxicity of the treatment to the variety to be shipped shall be tested by exporters in the country of origin or by means of test shipments sent to this country.</P> <CITA>[35 FR 283, Jan. 8, 1970, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2o</SECTNO> <SUBJECT>Administrative instructions prescribing method of treatment of avocados for the Mediterranean fruit fly, the melon fly, and the oriental fruit fly.</SUBJECT> <P>Fumigation with methyl bromide at normal atmospheric pressure followed by refrigerated storage in accordance with the procedures described in this section is effective against the Mediterranean fruit fly, the melon fly, and the oriental fruit fly in avocados but is not effective against other dangerous pests of this fruit. Accordingly, this treatment will be approved for treatment of avocados in connection with the issuance of permits under § 319.56-4 for the importation of avocados from any country when it is determined that the pest risk involved in the proposed importation is such that it will be eliminated by this treatment.<PRTPAGE P="298"/> </P> <P>(a) <E T="03">Ports of entry.</E> Avocados offered for entry will be regulated by one of the following provisions:</P> <P>(1) Avocados certified as having received the combined fumigation-refrigeration treatment in the country of origin immediately prior to shipment are enterable at all ports under permit.</P> <P>(2) Avocados certified as having been fumigated in the country of origin and which are receiving the refrigeration storage on board approved transiting vessels are enterable at the U.S. ports named in the permit upon completion of the refrigerated storage period.</P> <P>(3) Avocados which have not been treated are enterable at the ports named in the permit for treatment upon arrival.</P> <P>(b) <E T="03">Approved treatment.</E> The phases of the combination treatment shall consist of fumigation and aeration; and a precooling and refrigeration period.</P> <P>(1) The fumigant shall be methyl bromide applied at normal atmospheric pressure in an enclosure which has been approved for that purpose by the Plant Protection and Quarantine Programs. The dosage shall be two pounds per 1,000 cubic feet for 2<FR>1/2</FR> hours at 70 °F. or above. At the conclusion of the 2<FR>1/2</FR>-hour exposure period, the avocados shall be aerated for minimum of 30 minutes. Avocados to be fumigated shall be restricted to fruit at the mature green stage of development and be arranged in ventilated wooden boxes, without packing material or wrappings. Fumigation chambers should not be loaded to more than two-thirds of their capacity. Tarpaulin enclosures should not be loaded to more than 80 percent of their capacity. The 2<FR>1/2</FR>-hour exposure period shall begin when all the fumigant has been volatilized and introduced into the enclosure. Forced circulation above and below the load, and between individual containers, shall be provided as soon as the avocados are loaded in the chamber and shall continue during the full period of fumigation and until the avocados have been removed to a well ventilated location.</P> <P>(2) The refrigerated phase of the treatment shall consist of refrigeration for 7 days at 45 °F. or below. Cooling of the fruit must begin within 24 hours following the fumigation. The refrigerated storage shall consist of 7 days at fruit pulp temperature of 45 °F. or below. The time required to cool the pulp temperature to 45 °F. or below may be included in the 7-day period provided the cooling is accomplished in 24 hours or less. Temperature sensors inserted in the avocados will determine when pulp temperatures have reached 45 °F. or below.</P> <P>(c) <E T="03">Supervision of treatments and subsequent handling.</E> The treatment approved in this section and the subsequent handling of the avocados so treated must be conducted under the supervision of an Inspector of the Plant Protection and Quarantine Programs. If any part of the treatment is conducted in the country of origin, the organization requesting the service must enter into a formal agreement with this Plant Protection and Quarantine Programs to secure the services of an inspector.</P> <P>(d) <E T="03">Costs.</E> All costs of treatment, required safeguards, and supervision of treatments by the inspector shall be borne by the owner of the avocados or his representative when the treatment is given in foreign countries. There is no charge for supervision of treatments given at authorized U.S. ports of entry during regularly scheduled hours of duty.</P> <P>(e) <E T="03">Department not responsible for damage.</E> The treatment prescribed in paragraph (b) of this section is judged from experimental tests to be safe for use on avocados at the mature green stage of development. However, the Department of Agriculture assumes no responsibility for any damage sustained through or in the course of treatment. There has not been an opportunity to test the treatment on all varieties of avocados that may be offered for entry from various countries. It is recommended that the phytotox-icity of the treatment to the variety to be shipped shall be tested by exporters in the country of origin or by means of test shipments sent to this country.</P> <CITA>[35 FR 2503, Feb. 4, 1970, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985]</CITA> </SECTION> <SECTION> <PRTPAGE P="299"/> <SECTNO>§ 319.56-2p</SECTNO> <SUBJECT>Administrative instructions prescribing treatment and relieving restrictions regarding importation of okra from Mexico, the West Indies, and certain countries in South America.</SUBJECT> <P>(a) <E T="03">Conditions for issuance of permits.</E> (1) Under § 319.56-2, okra may be imported under permit and in compliance with the regulations in this subpart, from Mexico, the West Indies, Colombia, Ecuador, Peru, Suriname and Venezuela and any other South American country specified in the permit, upon presentation of evidence that it has been treated in accordance with the procedure prescribed in paragraph (b) of this section.</P> <P>(2) Further, it is hereby determined, pursuant to § 319.56, that existing conditions as to the pest risk involved in the importation of okra from such countries make it safe to make less stringent the restrictions contained in § 319.56-2, by allowing the importation of okra, as provided in paragraphs (c), (d), and (e) of this section without routinely requiring such treatment.</P> <P>(3) As used in this section—(i) <E T="03">West Indies</E> means the foreign islands lying between North and South America, the Caribbean Sea, and the Atlantic Ocean, divided into the Bahamas, the Greater Antilles, and the Lesser Antilles (including the Leeward Islands, the Windward Islands, and the islands north of Venezuela);</P> <P>(ii) <E T="03">Inspector</E> means an inspector of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department of Agriculture;</P> <P>(iii) <E T="03">Enter into the United States</E> means to introduce into the commerce of the United States after release from government detention;</P> <P>(iv) <E T="03">Import into the United States</E> means to bring within the territorial limits of the United States;</P> <P>(v) <E T="03">Port of arrival</E> means the first place at which a carrier containing okra stops to unload cargo after coming within the territorial limits of the United States;</P> <P>(vi) <E T="03">Permit</E> means a document issued for an article by Plant Protection and Quarantine, Animal and Plant Health Inspection Service, United States Department of Agriculture, stating that the article is eligible for importation into the United States; and</P> <P>(vii) <E T="03">United States</E> means the several states of the United States, the District of Columbia, the Northern Mariana Islands, Puerto Rico, and all other territories and possessions of the United States.”</P> <P>(b) <E T="03">Authorized treatment procedure.</E> (1) The treatment shall consist of fumigation with methyl bromide at normal atmospheric pressure, under supervision, in a fumigation chamber which has been approved for that purpose, as prescribed in this section. This treatment is specific for the pink -bollworm (<E T="03">Pectinophora gossypiella</E> (Saunders) which is known to occur in Mexico, the West Indies, and South America. Under certain cultural conditions this pest will infest okra.</P> <P>(2) <E T="03">Approval of fumigation chambers.</E> (i) Fumigation chambers in the United States or elsewhere will be approved only if they are properly constructed and adequately equipped to handle and treat okra. Within the United States the chambers must be located within the practicable supervisory range of inspectors of the Plant Protection and Quarantine Programs stationed at the ports of entry authorized in permits for the importation of okra. Approval of fumigation chambers outside the United States will depend upon the availability of qualified inspectors for assignment to supervise the treatment and posttreatment handling of okra.</P> <P>(ii) Determination of eligibility for approval under this section of fumigation plants will be made by an inspector of the Plant Protection and Quarantine Programs.</P> <P>(3) <E T="03">Fumigation schedule.</E> Such fumigation shall be in accordance with the following fumigation schedule:</P> <GPOTABLE CDEF="s25,9.8,6.5" COLS="3" OPTS="L2"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Dosage (pounds of methyl bromide per 1,000 cubic feet)</CHED> <CHED H="1">Exposure period (hours)</CHED> </BOXHD> <ROW> <ENT I="01">90-96</ENT> <ENT>1.0</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">80-89</ENT> <ENT>1.5</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">70-79</ENT> <ENT>2.0</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">60-69</ENT> <ENT>2.5</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">50-59</ENT> <ENT>3.0</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">40-49</ENT> <ENT>3.5</ENT> <ENT>2</ENT> </ROW> </GPOTABLE> <P>(4) <E T="03">Fumigation procedure.</E> Okra to be fumigated may be packed in slatted crates or other gas-permeable containers. The fumigation chamber shall <PRTPAGE P="300"/>not be loaded to more than two-thirds of its capacity. The containers may be stacked one on top of another, but a 3- to 4-inch space must be provided between all containers throughout the load. Good air circulation above and below the load shall be provided as soon as the okra is loaded and must be continued during the full period of fumigation and until the okra has been removed to a well-ventilated location. Strong blasts of air should not be directed against the okra. Fumigation at temperatures in excess of 90 °F. may result in injury to okra and should be avoided if possible. Past experience indicates that injury may also result from excess moisture, such as residual moisture from harvesting when dew-covered.</P> <P>(5) <E T="03">Supervision of fumigation—</E>(i) <E T="03">Other than interior of Mexico.</E> Inspectors will supervise the fumigation of okra at approved fumigation plants in locations other than those in the interior of Mexico and will specify safeguards in specific cases for the packing, other handling and transportation of the okra before and subsequent to fumigation, if, in the opinion of the inspector, this is necessary to assure that there will be no risk of introducing plant pests into the United States associated with the treatment and importation of the okra. The final release of the okra for entry into the United States will be conditioned upon compliance with the specified safeguards. Such supervision at plants within the United States will be carried on as a part of normal port inspection activities.</P> <P>(ii) <E T="03">Interior of Mexico.</E> Inspectors will supervise the fumigation of okra at approved fumigation plants in the interior of Mexico and will prescribe safeguards in specific cases for the packing and other handling of the okra at the treating plant and the transportation of the okra from the time it leaves the treating plant until it reaches the U.S. port of entry, if in the opinion of the inspector this is necessary to assure that there will be no risk of introducing plant pests into the United States associated with the treatment and importation of the okra. The final release of the okra for entry into the United States will be conditioned upon compliance with the prescribed safeguards.</P> <P>(6) <E T="03">Ports of entry.</E> Okra required to be treated for the pink bollworm may be imported into the United States only at New Orleans or such other South Atlantic or gulf ports with approved treatment facilities as may be named in the permit, except that, in addition, Mexican okra required to be treated for the pink bollworm may be imported into the United States at Mexican Border ports named in the permit.</P> <P>(7) <E T="03">Costs.</E> Persons desiring to import okra required to be treated under this section must make advance arrangements for approval of the fumigation plant and for supervision of the fumigation by an authorized inspector. All costs of constructing, maintaining, and operating fumigation plants and facilities, and carrying out specified pretreatment and posttreatment safeguards, and all additional costs to the Department arising from supervision under this section, by an inspector away from his regular place of official duty or outside of his regular hours of official duty (including as appropriate, base salary, overtime and holiday pay, travel subsistence, transportation, employee benefits, and incidental expenses) shall be borne by the owner of the okra or his representative. Where normal inspection activities preclude the furnishing of supervision during regularly assigned hours of duty, supervision will be furnished on a reimbursable basis. The owner of the okra or his representative must furnish the Deputy Administrator of the Plant Protection and Quarantine Programs with acceptable assurances that he will provide funds to the U.S. Department of Agriculture to cover all costs of supervision, in accordance with §§ 354.1 and 354.2 of this chapter and this paragraph.</P> <P>(8) <E T="03">Department not responsible for damage.</E> While the prescribed treatment is judged from experimental tests to be safe for use with okra, the Department assumes no responsibility for any damage sustained through or in the course of treatment or because of pretreatment or posttreatment safeguards. There has not been an opportunity to test these treatments under <PRTPAGE P="301"/>all conditions or on all okra varieties or on okra from all areas involved.</P> <P>(c) <E T="03">Importations of okra without treatment from the Dominican Republic, Mexico, and Suriname</E> Okra produced in the Dominican Republic, Mexico, or Suriname, may be entered into the United States without treatment for the pink bollworm only if:</P> <P>(1) The okra is imported from the Dominican Republic, Mexico, or Suriname under permit;</P> <P>(2) The okra is made available for examination by an inspector at the port of arrival and remains at the port of arrival until released by an inspector;</P> <P>(3) During March 16 through December 31, inclusive, the okra is not moved into California; and</P> <P>(4) During May 16 through November 30, inclusive, the okra is not moved into Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any part of Illinois, Kentucky, Missouri, or Virginia south of the 38th parallel.</P> <P>(d) <E T="03">Importation of okra without treatment from the West Indies and certain countries in South America.</E> Okra produced in the West Indies, Colombia, Ecuador, Peru, Venezuela, or other South American country, designated in accordance with § 319.56-2 in a permit to import okra, may be imported into the United States through any North Atlantic port with approved treatment facilities, under permit and subject to inspection at the port of arrival but without treatment for the pink bollworm in paragraph (d)(2) of this section if destined to: Alaska, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, or Wyoming, or the District of Columbia, or any part of Illinois, Kentucky, Missouri, or Virginia, north of the 38th parallel.</P> <P>(e) <E T="03">Importation of okra without treatment from Andros Island of the Bahamas; and okra without treatment from the West Indies for importation into the American Virgin Islands.</E> Okra produced in Andros Island, Bahamas, may be imported into the United States under permit through any port named in the permit, without treatment but subject to inspection at the port of arrival. Okra produced in the West Indies may be imported into the American Virgin Islands without treatment but subject to inspection at the port of arrival.</P> <P>(f) <E T="03">Treatment of okra for pests other than pink bollworm.</E> If, upon examination of okra imported in accordance with paragraphs (c), (d), or (e) of this section, an inspector at the port of arrival finds injurious insects, other than the pink bollworm, that do not exist in the United States or are not widespread in the United States, the okra will remain eligible for entry into the United States only if it is treated for the injurious insects in the physical presence of an inspector in accordance with the Plant Protection and Quarantine Treatment Manual. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. See § 300.1 of this chapter, <E T="03">Materials incorporated by reference.” If the treatment authorized by the Plant Protection and Quarantine Treatment Manual is not available, or if no authorized treatment exists, the okra may not be entered into the United States.</E> </P> <CITA>[35 FR 18033, Nov. 25, 1970, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; 54 FR 33666, Aug. 16, 1989; 57 FR 54489, Nov. 19, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2q</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of citrus from South Africa.</SUBJECT> <P>Clementine (<E T="03">Citrus reticulata</E>), grapefruit (<E T="03">Citrus paradisi</E>), lemon (<E T="03">Citrus limon</E>), minneola (<E T="03">C</E>. <E T="03">paradisi</E> x <E T="03">C</E>. <E T="03">reticulata</E>), navel orange (<E T="03">Citrus sinensis</E>), satsuma (<E T="03">Citrus reticulata</E>), and valencia orange (<E T="03">Citrus sinensis</E>) may be imported into the United States from the Western Cape Province of South Africa only under the following conditions:</P> <P>(a) The citrus fruit must be grown in, packed in, and shipped from the Western Cape Province of South Africa.</P> <P>(b) The citrus fruit must be cold treated for false codling moth and fruit flies of the genus <E T="03">Ceritatis</E> and <E T="03">Pterandrus</E> in accordance with the <PRTPAGE P="302"/>Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <P>(1) If the cold treatment is to be conducted in the United States, entry of the citrus fruit into the United States is limited to ports listed in § 319.56-2d(b)(1).</P> <P>(2) If the cold treatment is conducted in South Africa or in transit to the United States, entry of the citrus into the United States may be made through any U.S. port.</P> <P>(c) Each shipment of citrus fruit must be accompanied by a phytosanitary certificate issued by the South African Ministry of Agriculture stating that the conditions of paragraph (a) of this section have been met. (Approved by the Office of Management and Budget under control number 0579- 0049)</P> <CITA>[62 FR 595, Jan. 6, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2r</SECTNO> <SUBJECT>Administrative instructions governing the entry of apples and pears from certain countries in Europe.</SUBJECT> <P>(a) <E T="03">Importations allowed.</E> Pursuant to § 319.56(c), the Administrator has determined that the following fruits may be imported into the United States in accordance with this section and other applicable provisions of this subpart:</P> <P>(1) Apples from Belgium, Denmark, France, Germany, Great Britain, Italy, The Netherlands, Northern Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden, and Switzerland;</P> <P>(2) Pears from Belgium, France, Great Britain, Italy, The Netherlands, Portugal, and Spain.</P> <P>(b) <E T="03">Trust fund agreement.</E> Except as provided in paragraph (h) of this section, the apples or pears may be imported only if the national plant protection service of the exporting country (referred to in this section as the plant protection service) has entered into a trust fund agreement with Plant Protection and Quarantine (PPQ) for that shipping season. This agreement requires the plant protection service to pay in advance all estimated costs incurred by PPQ in providing the preclearance inspections prescribed in paragraph (d) of this section. These costs will include administrative expenses incurred in conducting the inspection services; and all salaries (including overtime and the federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in performing these services. The agreement requires the plant protection service to deposit a certified or cashier's check with the Animal and Plant Health Inspection Service (APHIS) for the amount of these costs, as estimated by PPQ. If the deposit is not sufficient to meet all costs incurred by PPQ, the agreement further requires the plant protection service to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by PPQ, before the inspection will be completed.</P> <P>(c) <E T="03">Responsibilities of the exporting country.</E> The apples or pears may be imported in any single shipping season only if all of the following conditions are met:</P> <P>(1) Officials of the plant protection service must survey each orchard producing apples or pears for shipment to the United States at least two times between the time of spring blossoming and harvest. If the officials find any leaf mines that suggest the presence of <E T="03">Leucoptera malifoliella</E> in an orchard, the officials must reject any fruit harvested from that orchard during that growing season for shipment to the United States. If the officials find evidence in an orchard of any other plant pest referred to in paragraph (g) of this section, they must ensure that the orchard and all other orchards within 1 kilometer of that orchard will be treated for that pest with a pesticide approved by the U.S. Environmental Protection Agency, in accordance with label directions and under the direction of the plant protection service. If the officials determine that the treatment program has not been applied as required or is not controlling the plant pest in the orchard, they must reject any fruit harvested from that orchard during that growing season for shipment to the United States.</P> <P>(2) The apples or pears must be identified with the orchard from which <PRTPAGE P="303"/>they are harvested (the producing orchard) until the fruit arrives in the United States.</P> <P>(3) The apples or pears must be processed and inspected in the approved packing sheds as follows:</P> <P>(i) Upon arrival at the packing shed, the apples or pears must be inspected for insect pests as follows: For each grower lot (all fruit delivered for processing from a single orchard at a given time), packing shed technicians must examine all fruit in one carton on every third pallet (there are approximately 42 cartons to a pallet), or at least 80 apples or pears in every third bin (if the fruit is not in cartons on pallets). If they find any live larva or pupa of <E T="03">Leucoptera malifoliella,</E> they must reject the entire grower lot for shipment to the United States, and the plant protection service must reject for shipment any additional fruit from the producing orchard for the remainder of the shipping season.</P> <P>(ii) The apples or pears must be sorted, sized, packed, and otherwise handled in the packing sheds on grading and packing lines used solely for fruit intended for shipment to the United States, or, if on grading and packing lines used previously for other fruit, only after the lines have been washed with water.</P> <P>(iii) During packing operations, apples and pears must be inspected for insect pests as follows: All fruit in each grower lot must be inspected at each of two inspection stations on the packing line by packing shed technicians. In addition, one carton from every pallet in each grower lot must be inspected by officials of the plant protection service. If the inspections reveal any live larva or pupa of <E T="03">Leucoptera malifoliella,</E> the entire grower lot must be rejected for shipment to the United States, and the plant protection service must reject for shipment any additional fruit from the producing orchard for the remainder of that shipping season. If the inspections reveal any other insect pest referred to in paragraph (g) of this section, and a treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, the fruit will remain eligible for shipment to the United States if the entire grower lot is treated for the pest under the supervision of a PPQ inspector. However, if the entire grower lot is not treated in this manner, or if a plant pest is found for which no treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, the entire grower lot will be rejected for shipment to the United States.</P> <P>(4) Apples or pears that pass inspection at approved packing sheds must be presented to PPQ inspectors for preclearance inspection as prescribed in paragraph (d) of this section or for inspection in the United States as prescribed in paragraph (h) of this section.</P> <P>(5) Apples and pears presented for preclearance inspection must be identified with the packing shed where they were processed, as well as with the producing orchard, and this identity must be maintained until the apples or pears arrive in the United States.</P> <P>(6) Facilities for the preclearance inspections prescribed in paragraph (d) of this section must be provided in the exporting country at a site acceptable to PPQ.</P> <P>(7) Any apples or pears rejected for shipment into the United States may not, under any circumstance, be presented again for shipment to the United States.</P> <P>(d) <E T="03">Preclearance inspection.</E> Preclearance inspection will be conducted in the exporting country by PPQ inspectors. Preclearance inspection will be conducted for a minimum of 6,000 cartons of apples or pears, which may represent multiple grower lots from different packing sheds. The cartons examined during any given preclearance inspection will be known as an inspection unit. Apples or pears in any inspection unit may be shipped to the United States only if the inspection unit passes inspection as follows:</P> <P>(1) Inspectors will examine, fruit by fruit, a biometrically designed statistical sample of 300 cartons drawn from each inspection unit.</P> <P>(i) If inspectors find any live larva or pupa of <E T="03">Leucoptera malifoliella,</E> they will reject the entire inspection unit for shipment to the United States. The inspectors also will reject for shipment any additional fruit from the producing orchard for the remainder of the shipping season. However, other orchards <PRTPAGE P="304"/>represented in the rejected inspection unit will not be affected for the remainder of the shipping season because of that rejection. Additionally, if inspectors reject any three inspection units in a single shipping season because of <E T="03">Leucoptera malifoliella</E> on fruit processed by a single packing shed, no additional fruit from that packing shed will be accepted for shipment to the United States for the remainder of that shipping season.</P> <P>(ii) If the inspectors find evidence of any other plant pest referred to in paragraph (g) of this section, and a treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, fruit in the inspection unit will remain eligible for shipment to the United States if the entire inspection unit is treated for the pest under the supervision of a PPQ inspector. However, if the entire inspectional unit is not treated in this manner, or if a plant pest is found for which no treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, the inspectors will reject the entire inspection unit for shipment to the United States. Rejection of an inspection unit because of pests other than <E T="03">Leucoptera malifoliella</E> will not be cause for rejecting additional fruit from an orchard or packing shed.</P> <P>(iii) Apples and pears precleared for shipment to the United States as prescribed in this paragraph will not be inspected again in the United States (except as necessary to ensure that the fruit has been precleared) unless the preclearance program with the exporting country is terminated in accordance with paragraph (e) of this section. If the preclearance program is terminated with any country, precleared fruit in transit to the United States at the time of termination will be spot-checked by PPQ inspectors upon arrival in the United States for evidence of plant pests referred to in paragraph (g) of this section. If any live larva or pupa of <E T="03">Leucoptera malifoliella</E> is found in any carton of fruit, inspectors will reject that carton and all other cartons in that shipment that are from the same producing orchard. In addition, the remaining cartons of fruit in that shipment will be reinspected as an inspection unit in accordance with the preclearance procedures prescribed in paragraph (d) of this section.</P> <P>(e) <E T="03">Termination of preclearance programs.</E> The Administrator may terminate the preclearance program in a country if he determines that any of the conditions specified in paragraph (c) of this section are not met or because of pests found during preclearance inspections. Termination of the preclearance program will stop shipments of apples or pears from that country for the remainder of that shipping season. Termination of the preclearance program for findings of <E T="03">Leucoptera malifoliella</E> in preclearance inspections in any country will be based on rates of rejection of inspection units as follows:</P> <P>(1) Termination because of findings of <E T="03">Leucoptera malifoliella.</E> The pre-clearance program will be terminated with a country when, in one shipping season, inspection units are rejected because of <E T="03">Leucoptera malifoliella</E> as follows:</P> <P>(i) 5 inspection units in sequence among inspection units 1-20, or a total of 8 or more of the inspection units 1-20;</P> <P>(ii) 5 inspection units in sequence among inspection units 21-40, or a total of 10 or more of the inspection units 1-40;</P> <P>(iii) 5 inspection units in sequence among inspection units 41-60, or a total of 12 or more of the inspection units 1-60;</P> <P>(iv) 5 inspection units in sequence among inspection units 61-80, or a total of 14 or more of the inspection units 1-80;</P> <P>(v) 5 inspection units in sequence among inspection units 81-100, or a total of 16 or more of the inspection units 1-100;</P> <P>(vi) 5 inspection units in sequence among inspection units 101-120, or a total of 18 or more of the inspection units 1-120.</P> <FP>(Sequence can be continued in increments of 20 inspection units by increasing the number of rejected inspection units by 2.)</FP> <P>(2) Termination because of findings of other plant pests. The preclearance program will be terminated with a country when, in one shipping season, <PRTPAGE P="305"/>inspection units are rejected because of other insect pests as follows:</P> <P>(i) 10 or more of the inspection units 1-20;</P> <P>(ii) 15 or more of the inspection units 1-40;</P> <P>(iii) 20 or more of the inspection units 1-60;</P> <P>(iv) 25 or more of the inspection units 1-80;</P> <P>(v) 30 or more of the inspection units 1-100; or</P> <P>(vi) 35 or more of the inspection units 1-120.</P> <FP>(Sequence can be continued in increments of 20 inspection units by increasing the number of rejected inspection units by 5.)</FP> <P>(f) <E T="03">Cold treatment.</E> In addition to all other requirements of this section, apples or pears may be imported into the United States from France, Italy, Portugal, or Spain only if the fruit is cold treated for the Mediterranean fruit fly in accordance with § 319.56-2d of this subpart.</P> <P>(g) <E T="03">Plant pests; authorized treatments.</E> (1) Apples from Belgium, Denmark, France, Great Britain, Italy, the Netherlands, Northern Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden, Switzerland, and West Germany; and pears from Belgium, France, Great Britain, Italy, the Netherlands, Portugal, and Spain may be imported into the United States only if they are found free of the following pests or, if an authorized treatment is available, they are treated for the pest under the supervision of a PPQ inspector: the pear leaf blister moth (<E T="03">Leucoptera malifoliella</E> (O.G. Costa) (Lyonetiidae)), the plum fruit moth (<E T="03">Cydia funebrana</E> (Treitschke) (Tortricidae)), the summer fruit tortrix moth (<E T="03">Adoxophyes orana</E> (Fischer von Rosslertamm) (Tortricidae)), a leaf roller (<E T="03">Argyrotaenia pulchellana</E> (Haworth) (Tortricidae)), and other insect pests that do not exist in the United States or that are not widespread in the United States.</P> <P>(2) Authorized treatments are listed in the Plant Protection and Quarantine Treatment Manual. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter, “Materials incorporated by reference.”</P> <P>(h) <E T="03">Inspection in the United States.</E> Notwithstanding provisions to the contrary in paragraphs (c) and (d) of this section, the Administrator may allow apples or pears imported under this section to be inspected at a port of arrival in the United States, in lieu of a preclearance inspection, under the following conditions:</P> <P>(1) The Administrator has determined that inspection can be accomplished at the port of arrival without increasing the risk of introducing insect pests into the United States;</P> <P>(2) Each pallet of apples or pears must be completely enclosed in plastic, to prevent the escape of insects, before it is offloaded at the port of arrival;</P> <P>(3) The entire shipment of apples or pears must be offloaded and moved to an enclosed warehouse, where adequate inspection facilities are available, under the supervision of PPQ inspectors.</P> <P>(4) The Administrator must determine that a sufficient number of inspectors are available at the port of arrival to perform the services required.</P> <P>(5) The method of inspection will be the same as prescribed in paragraph (d) of this section for preclearance inspections.</P> <CITA>[52 FR 46058, Dec. 4, 1987, as amended at 60 FR 14208, Mar. 16, 1995; 62 FR 50236, Sept. 25, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2s</SECTNO> <SUBJECT>Administrative instructions governing the entry of apricots, nectarines, peaches, plumcot, and plums from Chile.</SUBJECT> <P>(a) <E T="03">Importations allowed.</E> Pursuant to § 319.56(c), the Administrator has determined that apricots, nectarines, peaches, plumcot, and plums may be imported into the United States from Chile in accordance with this section and other applicable provisions of this subpart, as an alternative to importation in accordance with § 319.56-2m.</P> <P>(b) <E T="03">Trust fund agreement.</E> Except as provided in § 319.56-2m or in paragraph (g) of this section, apricots, nectarines, peaches, plumcot, and plums may be imported only if the plant protection service of Chile (Servicio Agricola Y Ganadero, referred to in this section as SAG), has entered into a trust fund <PRTPAGE P="306"/>agreement with the Animal and Plant Health Inspection Service (APHIS) for that shipping season. This agreement requires SAG to pay in advance all estimated costs incurred by APHIS in providing the preclearance prescribed in paragraph (d) of this section. Payment of costs will be made on a monthly or other schedule designated by APHIS, but payment must be made for each preclearance service before APHIS provides the service. These costs will include administrative expenses incurred in conducting the preclearance services; and all salaries (including overtime and the federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in providing these services. The agreement requires SAG to deposit certified or cashier's checks with APHIS for the amount of these costs, as estimated by APHIS based on projected shipment volumes and cost figures from previous inspections. The agreement further requires that, if the deposit is not sufficient to meet all costs incurred by APHIS, SAG must deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before the inspections will be completed. The agreement also requires that, in the event of unexpected end-of-season costs, SAG must deposit with APHIS a certified cashier's check sufficient to meet such costs as estimated by APHIS, before any further preclearance services will be provided. If the amount SAG deposits during the shipping season exceeds the total costs incurred by APHIS in providing preclearance services, the difference will be returned to SAG by APHIS at the end of the shipping season upon request, or otherwise will be applied to preclearance services for the next shipping season.</P> <P>(c) <E T="03">Responsibilities of Servicio Agricola Y Ganadero.</E> SAG will ensure that:</P> <P>(1) Apricots, nectarines, peaches, plumcot, or plums are presented to APHIS inspectors for preclearance in their shipping containers at the shipping site for preclearance as prescribed in paragraph (d) of this section.</P> <P>(2) Apricots, nectarines, peaches, plumcot, and plums presented for inspection are identified in shipping documents accompanying each load of fruit that identify the packing shed where they were processed and the orchards where they were produced; and this identity is maintained until the apricots, nectarines, peaches, or plums are released for entry into the United States.</P> <P>(3) Facilities for the inspections prescribed in paragraph (d) of this section are provided in Chile at an inspection site acceptable to APHIS.</P> <P>(d) <E T="03">Preclearance inspection.</E> Preclearance inspection will be conducted in Chile under the direction of APHIS inspectors. An inspection unit will consist of a lot or shipment from which a statistical sample is drawn and examined. An inspection unit may represent multiple grower lots from different packing sheds. Apricots, nectarines, peaches, plumcot, or plums in any inspection unit may be shipped to the United Sates only if the inspection unit passes inspection as follows:</P> <P>(1) Inspectors will examine, fruit by fruit, the contents of the cartons which were selected based on a sampling scheme established for each inspection unit. An APHIS inspector will designate which cartons to inspect in each inspection unit to ensure that units infested at a level of 3 percent or more will be identified with a confidence level of 95 percent.</P> <P>(i) If the inspectors find evidence of any plant pest for which a treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, fruit in the inspection unit will remain eligible for shipment to the United States if the entire inspection unit is treated for the pest in Chile. However, if the entire inspection unit is not treated in this manner, or if a plant pest is found for which no treatment authorized in the Plant Protection and Quarantine Treatment Manual is available, the entire inspection unit will not be eligible for shipment to the United States.</P> <P>(ii) Apricots, nectarines, peaches, plumcot, and plums precleared for shipment to the United States as prescribed in this paragraph will not be inspected again in the United States except as necessary to ensure that the <PRTPAGE P="307"/>fruit has been precleared and for occasional monitoring purposes.</P> <P>(e) <E T="03">Termination of preclearance programs.</E> Shipments of apricots, nectarines, peaches, plumcot, and plums will be individually evaluated regarding the rates of infestation of inspection units of these articles presented for preclearance. The inspection program for an article will be terminated when inspections determine that the rate of infestation of inspection units of the article by pests listed in paragraph (f) of this section exceeds 20 percent calculated on any consecutive 14 days of actual inspections (not counting days on which inspections are not conducted). Termination of the inspection program for an article will require mandatory treatment in Chile, prior to shipment to the United States, of shipments of the article for the remainder of that shipping season. If a preclearance inspection program is terminated with Chile, precleared fruit in transit to the United States at the time of termination will be spot-checked by APHIS inspectors upon arrival in the United States for evidence of plant pests referred to in paragraph (f) of this section.</P> <P>(f) <E T="03">Plant pests; authorized treatments.</E> </P> <P>(1) Apricots, nectarines, peaches, plumcot, or plums from Chile may be imported into the United States only if they are found free of the following pests or, if an authorized treatment is available, they are treated for the pest under the supervision of an APHIS inspector: <E T="03">Proeulia</E> spp., <E T="03">Leptoglossus chilensis, Megalometis chilensis, Naupactus xanthographus, Listroderes subcinctus,</E> and <E T="03">Conoderus rufangulus,</E> and other insect pests that the Administrator has determined do not exist, or are not widespread, in the United States.</P> <P>(2) Authorized treatments are listed in the Plant Protection and Quarantine Treatment Manual. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see § 300.1 of this chapter. “Materials incorporated by reference.”</P> <P>(g) <E T="03">Inspection in the United States.</E> Notwithstanding provisions to the contrary in paragraphs (c) and (d) of this section, the Administrator may, in emergency or extraordinary situations, allow apricots, nectarines, peaches, plumcot, or plums imported under this section to be inspected at a port of arrival in the United States, in lieu of a preclearance inspection of fumigation in Chile, under the following conditions:</P> <P>(1) The Administrator is satisfied that a unique situation exists which justifies a limited exception to mandatory preclearance;</P> <P>(2) The Administrator has determined that inspection and/or treatment can be accomplished at the intended port of arrival without increasing the risk of introducing insect pests into the United States;</P> <P>(3) The entire shipment of apricots, nectarines, peaches, plumcot, or plums must be offloaded and moved, under the supervision of APHIS inspectors, to an enclosed warehouse, where inspection and treatment facilities are available.</P> <P>(4) The Administrator must determine that a sufficient number of inspectors are available at the port of arrival to perform the services required.</P> <P>(5) The method of sampling and inspection will be the same as prescribed in paragraph (d) of this section for preclearance inspections.</P> <CITA>[55 FR 42352, Oct. 19, 1990, as amended at 58 FR 69179, Dec. 30, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2t</SECTNO> <SUBJECT>Administrative instructions: conditions governing the entry of certain fruits and vegetables.</SUBJECT> <P>The following commodities may be imported into all parts of the United States, unless otherwise indicated, from the places specified, in accordance with § 319.56-6 and all other applicable requirements of this subpart:</P> <GPOTABLE CDEF="s50,r50,r50,xs65" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1">Country/locality</CHED> <CHED H="1">Common name</CHED> <CHED H="1">Botanical name</CHED> <CHED H="1">Plant part(s)</CHED> </BOXHD> <ROW> <ENT I="01">Argentina</ENT> <ENT>Artichoke, globe</ENT> <ENT> <E T="03">Cynara scolymus</E> </ENT> <ENT>Immature flower head.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Currant</ENT> <ENT> <E T="03">Ribes</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Endive</ENT> <ENT> <E T="03">Cichorium endivia</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Gooseberry</ENT> <ENT> <E T="03">Ribes</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <PRTPAGE P="308"/> <ENT I="22"/> <ENT>Marjoram</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oregano</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Australia</ENT> <ENT>Currant</ENT> <ENT> <E T="03">Ribes</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Gooseberry</ENT> <ENT> <E T="03">Ribes</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Austria</ENT> <ENT>Asparagus, white</ENT> <ENT> <E T="03">Asparagus officinalis</E> </ENT> <ENT>Shoot.<SU>3</SU> </ENT> </ROW> <ROW> <ENT I="01">Barbados</ENT> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp</ENT> <ENT>Flower.</ENT> </ROW> <ROW> <ENT I="01">Belgium</ENT> <ENT>Leek</ENT> <ENT> <E T="03">Allium</E> spp.</ENT> <ENT>Whole plant. (Must be accompained by a phytosanitary certificate issued by the Ministry of Agriculture of Belgium stating that the leek is apparently free of <E T="03">Acrolepiopsis assectella</E>.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pepper</ENT> <ENT> <E T="03">Capsicum</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Belize</ENT> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp</ENT> <ENT>Flower in bracts with stems.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bay leaf</ENT> <ENT> <E T="03">Laurus nobilis</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mint</ENT> <ENT> <E T="03">Mentha</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Papaya</ENT> <ENT> <E T="03">Carica papaya</E> </ENT> <ENT>Fruit (from Medfly-free areas—see § 319.56-2(j). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Belize stating that the fruit originated in a Medfly-free area listed in § 319.56-2(j).)Papayas are prohibited entry into Hawaii due to papaya fruit fly. Cartons in which fruit is packed must be stamped “Not for importation into or distribution within HI.”</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sage</ENT> <ENT> <E T="03">Salivia officinalis</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tarragon</ENT> <ENT> <E T="03">Artemisia dracunculus</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Bermuda</ENT> <ENT>Avocado</ENT> <ENT> <E T="03">Persea americana</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Carambola</ENT> <ENT> <E T="03">Averrhoa carambola</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Grapefruit</ENT> <ENT> <E T="03">Citrus paradisi</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Guava</ENT> <ENT> <E T="03">Psidium guajava</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lemon</ENT> <ENT> <E T="03">Citrus limon</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Longan</ENT> <ENT> <E T="03">Dimocarpus longan</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Loquat</ENT> <ENT> <E T="03">Eriobotrya japonica</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mandarin orange</ENT> <ENT> <E T="03">Citrus reticulata</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Natal plum</ENT> <ENT> <E T="03">Carissa macrocarpa</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Orange, sour</ENT> <ENT> <E T="03">Citrus aurantium</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Orange, sweet</ENT> <ENT> <E T="03">Citrus sinensis</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Papaya</ENT> <ENT> <E T="03">Carica papaya</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Passion fruit</ENT> <ENT> <E T="03">Passiflora</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Peach</ENT> <ENT> <E T="03">Prunus persica</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pineapple guava</ENT> <ENT> <E T="03">Feijoa</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Suriname cherry</ENT> <ENT> <E T="03">Eugenia uniflora</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Bolivia</ENT> <ENT>Belgian endive</ENT> <ENT> <E T="03">Cichorium intybus</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="01">Chile</ENT> <ENT>Babaco</ENT> <ENT> <E T="03">Carica x heilborni var. pentagona</E> </ENT> <ENT>Fruit (from medfly-free areas—see § 319.56-2j. Fruit must be accompanied by a phytosanitary certificate issued by the Chilean department of agriculture stating that the fruit originated in a Medfly-free province.)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <PRTPAGE P="309"/> <ENT I="22"/> <ENT>Lucuma</ENT> <ENT> <E T="03">Manilkara sapota (=Lucuma mammosa)</E> </ENT> <ENT>Fruit <LI>(From Medfly-free areas only—see § 319.56-2(j)).</LI> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mountain papaya</ENT> <ENT> <E T="03">Carica pubescens (=C. candamar-censis)</E> </ENT> <ENT>Fruit. <LI>(From Medfly-free areas—see § 319.56-2(j). Fruit from outside Medfly-free areas must be treated in accordance with § 319.56-2x.).</LI> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oregano</ENT> <ENT> <E T="03">Origanum</E> spp.</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sandpear</ENT> <ENT> <E T="03">Pyrus pyrifolia</E> </ENT> <ENT>Fruit <LI>(From Medfly-free areas—see § 319.56-2(j). Fruit from outside Medfly-free areas must be treated in accordance with § 319.56-2x.).</LI> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tarragon</ENT> <ENT> <E T="03">Artemisia dracunculus</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">China</ENT> <ENT>Bamboo</ENT> <ENT> <E T="03">Bambuseae</E> spp</ENT> <ENT>Edible shoot, free of leaves and roots.</ENT> </ROW> <ROW> <ENT I="01">Colombia</ENT> <ENT>Rhubarb</ENT> <ENT> <E T="03">Rheum rhabarbarum</E> </ENT> <ENT>Stalk.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Snow pea</ENT> <ENT> <E T="03">Pisum Sativum</E> subsp. <E T="03">sativum</E> </ENT> <ENT>Flat, immature pod.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tarragon</ENT> <ENT> <E T="03">Artemisia dracunculus</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Cook Islands</ENT> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp</ENT> <ENT>Green fruit.<SU>1</SU> </ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cucumber</ENT> <ENT> <E T="03">Cucumis sativus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Drumstick</ENT> <ENT> <E T="03">Moringa pterygosperma</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Ginger</ENT> <ENT> <E T="03">Zingiber officinale</E> </ENT> <ENT>Root (Prohibited entry into Puerto Rico, Virgin Islands, and Guam due to ginger weevil (<E T="03">Elytroteinus subtruncatus</E>). Cartons in which ginger is packed must be stamped “Not for distribution in PR, VI, or Guam.”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Indian mulberry</ENT> <ENT> <E T="03">Morinda citrifolia</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lemongrass</ENT> <ENT> <E T="03">Cymbopogon</E> spp</ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tossa jute</ENT> <ENT> <E T="03">Corchorus olitorius</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="01">Costa Rica</ENT> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp</ENT> <ENT>Whole plant.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chinese kale</ENT> <ENT> <E T="03">Brassica alboglabra</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chinese turnip</ENT> <ENT> <E T="03">Raphanus sativus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbages, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jicama</ENT> <ENT> <E T="03">Pachyrhizus tuberosus or P. erosus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="01">Dominican Republic</ENT> <ENT>Bamboo</ENT> <ENT> <E T="03">Bambuseae</E> spp</ENT> <ENT>Edible shoot, free of leaves and roots.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Durian</ENT> <ENT> <E T="03">Durio zibethinus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Ecuador</ENT> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp.</ENT> <ENT>Flower.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chervil</ENT> <ENT> <E T="03">Anthriscus</E> spp.</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Radicchio</ENT> <ENT> <E T="03">Cichorium</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">El Salvador</ENT> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cilantro</ENT> <ENT> <E T="03">Coriandrum sativum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Dill</ENT> <ENT> <E T="03">Anethum graveolens</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit, commercial shipments only.</ENT> </ROW> <ROW> <PRTPAGE P="310"/> <ENT I="01">France</ENT> <ENT>Tomato</ENT> <ENT>(<E T="03">Lycopersicon esculentum</E>)</ENT> <ENT>Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from the Region of Brittany and only in accordance with § 319.56-2dd of this subpart).</ENT> </ROW> <ROW> <ENT I="01">Great Britain</ENT> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="01">Grenada</ENT> <ENT>Abiu</ENT> <ENT> <E T="03">Pouteria caimito</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bilimbi</ENT> <ENT> <E T="03">Averrhoa bilimbi</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Breadnut</ENT> <ENT> <E T="03">Brosimum alicastrum</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cocoplum</ENT> <ENT> <E T="03">Chrysobalanus icaco</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cucurbits</ENT> <ENT>Cucurbitaceae</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Durian</ENT> <ENT> <E T="03">Durio zibethinus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jackfruit</ENT> <ENT> <E T="03">Artocarpus heterophyllus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jambolan</ENT> <ENT> <E T="03">Syzygium cumini</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jujube</ENT> <ENT> <E T="03">Ziziphus</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Langsat</ENT> <ENT> <E T="03">Lansium domesticum</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Litchi</ENT> <ENT> <E T="03">Litchi chinensis</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Malay apple</ENT> <ENT> <E T="03">Syzygium malaccense</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mammee apple</ENT> <ENT> <E T="03">Mammea americana</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Peach palm</ENT> <ENT> <E T="03">Bactris gasipaes</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Piper</ENT> <ENT> <E T="03">Piper</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pulasan</ENT> <ENT> <E T="03">Nephelium ramboutan-ake</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rambutan</ENT> <ENT> <E T="03">Nephelium lappaceum</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rose apple</ENT> <ENT> <E T="03">Syzygium jambos</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Santol</ENT> <ENT> <E T="03">Sandoricum koetjape</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sapote</ENT> <ENT> <E T="03">Pouteria sapota</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Guatemala</ENT> <ENT>Artichoke, globe</ENT> <ENT> <E T="03">Cynara scolymus</E> </ENT> <ENT>Immature flower head.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Dill</ENT> <ENT> <E T="03">Anethum graveolens</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Loroco</ENT> <ENT> <E T="03">Fernaldia</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mint</ENT> <ENT> <E T="03">Mentha</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oregano</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Papaya</ENT> <ENT> <E T="03">Carica papaya</E> </ENT> <ENT>Fruit (from Medfly-free areas—see § 319.56-2(j). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Guatemala stating that the fruit originated in a Medfly-free area listed in § 319.56-2(j).)Papayas are prohibited entry into Hawaii due to papaya fruit fly.Cartons in which fruit is packed must be stamped “Not for importation into or distribution within HI.”</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rhubarb</ENT> <ENT> <E T="03">Rheum rhabarbarum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rosemary</ENT> <ENT> <E T="03">Rosmarinus officinalis</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tarragon</ENT> <ENT> <E T="03">Artemisia dracunculus</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jicama</ENT> <ENT> <E T="03">Pachyrhizus tuberosus</E> or <E T="03">P. erosus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="01">Haiti <SU>2</SU> </ENT> <ENT>Jackfruit</ENT> <ENT> <E T="03">Artocarpus heterophyllus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Honduras</ENT> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp</ENT> <ENT>Flower.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chicory</ENT> <ENT> <E T="03">Cichorium</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cilantro</ENT> <ENT> <E T="03">Coriandrum sativum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbages, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Radish</ENT> <ENT> <E T="03">Raphanus sativus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <PRTPAGE P="311"/> <ENT I="01">Indonesia</ENT> <ENT>Dasheen</ENT> <ENT> <E T="03">Colocasia</E> spp., <E T="03">Alocasia</E> spp., and <E T="03">Xanthosoma</E> spp</ENT> <ENT>Tuber (Prohibited entry into Guam due to dasheen mosaic virus. Cartons in which dasheen is packed must be stamped “Not for distribution in Guam.”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Onion</ENT> <ENT> <E T="03">Allium cepa</E> </ENT> <ENT>Bulb.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Shallot</ENT> <ENT> <E T="03">Allium ascalonicum</E> </ENT> <ENT>Bulb.</ENT> </ROW> <ROW> <ENT I="01">Israel</ENT> <ENT>Arugula</ENT> <ENT> <E T="03">Eruca sativa</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chives</ENT> <ENT> <E T="03">Allium schoenoprasum</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Dill</ENT> <ENT> <E T="03">Anethum graveolens</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mint</ENT> <ENT> <E T="03">Mentha</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parsley</ENT> <ENT> <E T="03">Petroselinum crispum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Watercress</ENT> <ENT> <E T="03">Nasturtium officinale</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="01">Jamaica</ENT> <ENT>Fenugreek</ENT> <ENT> <E T="03">Tirgonella foenum-graceum</E> </ENT> <ENT>Leaf, stem, root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jackfruit</ENT> <ENT> <E T="03">Artocarpus heterophyllus</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Ivy gourd</ENT> <ENT> <E T="03">Coccinia grandis</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pak choi</ENT> <ENT> <E T="03">Brassica chinensis</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pointed gourd</ENT> <ENT> <E T="03">Trichosanthes dioica</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Japan</ENT> <ENT>Bamboo</ENT> <ENT> <E T="03">Bambuseae</E> spp</ENT> <ENT>Edible shoot, free of leaves and roots.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mioga Ginger</ENT> <ENT> <E T="03">Zingiber mioga</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mung bean</ENT> <ENT> <E T="03">Vigna radiata</E> </ENT> <ENT>Seed sprout.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Soybean</ENT> <ENT> <E T="03">Glycine max</E> </ENT> <ENT>Seed sprout</ENT> </ROW> <ROW> <ENT I="01">Liberia</ENT> <ENT>Jute</ENT> <ENT> <E T="03">Corchorus capsularis</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Potato</ENT> <ENT> <E T="03">Solanum tuberosum</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="01">Mexico</ENT> <ENT>Anise</ENT> <ENT> <E T="03">Pimpinella anisum</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Apple</ENT> <ENT> <E T="03">Malus domestica</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating:“These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Apricot</ENT> <ENT> <E T="03">Prunus armeniaca</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Arugula</ENT> <ENT> <E T="03">Eruca sativa</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Banana</ENT> <ENT> <E T="03">Musa</E> spp</ENT> <ENT>Flower.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bay leaf</ENT> <ENT> <E T="03">Laurus nobilis</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Blueberry</ENT> <ENT> <E T="03">Vaccinium</E> spp.</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cucurbits</ENT> <ENT>Cucurbitaceae</ENT> <ENT>Inflorescence.</ENT> </ROW> <ROW> <PRTPAGE P="312"/> <ENT I="22"/> <ENT>Grapefruit</ENT> <ENT> <E T="03">Citrus paradisi</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lambsquarters</ENT> <ENT> <E T="03">Chenopodium</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mango</ENT> <ENT> <E T="03">Mangifera indica</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Orange</ENT> <ENT> <E T="03">Citrus sinensis</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Peach</ENT> <ENT> <E T="03">Prunus persica</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Persimmon</ENT> <ENT> <E T="03">Diospyros</E> spp</ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Piper</ENT> <ENT> <E T="03">Piper</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <PRTPAGE P="313"/> <ENT I="22"/> <ENT>Pomegranate</ENT> <ENT> <E T="03">Punica granatum</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Porophyllum</ENT> <ENT> <E T="03">Porophyllum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rosemary</ENT> <ENT> <E T="03">Rosmarinus officinalis</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Salicornia</ENT> <ENT> <E T="03">Salicornia</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tangerine</ENT> <ENT> <E T="03">Citrus reticulata</E> </ENT> <ENT>Fruit (from fruit fly-free areas—see § 319.56-2(h). Fruit must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These regulated articles originated in an area free from pests as designated in 7 CFR 319.56-2(h).”)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tepeguaje</ENT> <ENT> <E T="03">Leucaena</E> spp.</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Thyme</ENT> <ENT> <E T="03">Thymus vulgaris</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Morocco</ENT> <ENT>Strawberry</ENT> <ENT> <E T="03">Fragaria</E> spp.</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Morocco and Western Sahara</ENT> <ENT>Tomato</ENT> <ENT>(<E T="03">Lycopersicon esculentum</E>)</ENT> <ENT>Fruit, only if it is green upon arrival in the United States (pink fruit may only be imported from the El Jadida or Safi Province, Morocco, or Dahkla Province, Western Sahara, and only in accordance with § 319.56-2dd of this subpart).</ENT> </ROW> <ROW> <ENT I="01">Netherlands</ENT> <ENT>Leek</ENT> <ENT> <E T="03">Allium</E> spp.</ENT> <ENT>Whole plant. (Must be accompainied by a phytosanitary certificate issued by the Ministry of Agriculture of The Netherlands stating that the leek is apparently free of <E T="03">Acrolepiopsis assectella.</E>)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Radish</ENT> <ENT> <E T="03">Raphanus sativus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="01">New Zealand</ENT> <ENT>Avocado</ENT> <ENT> <E T="03">Persea americana</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fig</ENT> <ENT> <E T="03">Ficus carica</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oca</ENT> <ENT> <E T="03">Oxalis tuberosa</E> </ENT> <ENT>Tuber.</ENT> </ROW> <ROW> <ENT I="01">Nicaragua</ENT> <ENT>Cilantro</ENT> <ENT> <E T="03">Coriandrum sativum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit, commercial shipments only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mint</ENT> <ENT> <E T="03">Mentha</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parsley</ENT> <ENT> <E T="03">Petroselinum crispum</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Radicchio</ENT> <ENT> <E T="03">Cichorium</E> spp.</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rosemary</ENT> <ENT> <E T="03">Rosmarinus officinalla</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Panama</ENT> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bean, green and lima</ENT> <ENT> <E T="03">Phaseolus vulgaris</E> and <E T="03">P. lunatus</E> </ENT> <ENT>Seed.</ENT> </ROW> <ROW> <PRTPAGE P="314"/> <ENT I="22"/> <ENT>Belgian endive</ENT> <ENT> <E T="03">Cichorium</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chervil</ENT> <ENT> <E T="03">Anthriscus cerefolium</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chicory</ENT> <ENT> <E T="03">Cichorium</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Endive</ENT> <ENT> <E T="03">Cichorium</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Fenugreek</ENT> <ENT> <E T="03">Tirgonella foenum-graceum</E> </ENT> <ENT>Leaf, stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lemon thyme</ENT> <ENT> <E T="03">Thymus citriodorus</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mint</ENT> <ENT> <E T="03">Mentha</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oregano</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Rosemary</ENT> <ENT> <E T="03">Rosmarinus officinalis</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tarragon</ENT> <ENT> <E T="03">Artemisia dracunculus</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Peru</ENT> <ENT>Arugula</ENT> <ENT> <E T="03">Eruca sativa</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Basil</ENT> <ENT> <E T="03">Ocimum</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Carrot</ENT> <ENT> <E T="03">Daucus carota</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chervil</ENT> <ENT> <E T="03">Anthriscus</E> spp.</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cole and mustard crops, including cabbage, broccoli, cauliflower, turnips, mustards, and related varieties</ENT> <ENT> <E T="03">Brassica</E> spp</ENT> <ENT>Whole plant of edible varieties only.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cornsalad</ENT> <ENT> <E T="03">Valerianella spp</E> </ENT> <ENT>Whole plant.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Dill</ENT> <ENT> <E T="03">Anethum graveolens</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lambsquarters</ENT> <ENT> <E T="03">Chenopodium album</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lemongrass</ENT> <ENT> <E T="03">Cymbopogon</E> spp.</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Marjoram</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mustard greens</ENT> <ENT> <E T="03">Brassica juncea</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Oregano</ENT> <ENT> <E T="03">Origanum</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Parsley</ENT> <ENT> <E T="03">Petroselinum crispum</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Radicchio</ENT> <ENT> <E T="03">Cichorium</E> spp</ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Swiss chard</ENT> <ENT> <E T="03">Beta vulgaris</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Thyme</ENT> <ENT> <E T="03">Thymus vulgaris</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Philippines</ENT> <ENT>Jicama</ENT> <ENT> <E T="03">Pachyrhizus tuberosus</E> or <E T="03">P. erosus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="01">Poland</ENT> <ENT>Pepper</ENT> <ENT> <E T="03">Capsicum</E> spp.</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tomato</ENT> <ENT> <E T="03">Lycopersicon esculentum</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Republic of Korea</ENT> <ENT>Angelica</ENT> <ENT> <E T="03">Aralia elata</E> </ENT> <ENT>Edible shoot.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Aster greens</ENT> <ENT> <E T="03">Aster scaber</E> </ENT> <ENT>Leaf, stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Bonnet bellflower</ENT> <ENT> <E T="03">Codonopsis lanceolata</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chard</ENT> <ENT> <E T="03">Beta vulgaris</E> subsp. <E T="03">cicla</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Chinese bellflower</ENT> <ENT> <E T="03">Platycodon grandiflorum</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Dasheen</ENT> <ENT> <E T="03">Colocasia</E> spp., <E T="03">Alocasia</E> spp., and <E T="03">Xanthosoma</E> spp</ENT> <ENT>Root (Prohibited entry into Guam due to dasheen mosaic virus). Cartons in which dasheen is packed must be stamped “Not for distribution in Guam.”</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Kiwi</ENT> <ENT> <E T="03">Actinidia deliciosa</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lettuce</ENT> <ENT> <E T="03">Lactuca sativa</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mugwort</ENT> <ENT> <E T="03">Artemisia vulgaris</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Onion</ENT> <ENT> <E T="03">Allium cepa</E> </ENT> <ENT>Bulb.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Shepherd's purse</ENT> <ENT> <E T="03">Capsella bursa-pastoris</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Strawberry</ENT> <ENT> <E T="03">Fragaria</E> spp</ENT> <ENT>Fruit (Entry permitted only from September 15 to May 31, inclusive, to prevent the introduction of a complex of exotic pests including, but not limited to, a thrips (<E T="03">Haplothrips chinensis</E>) and a leafroller (<E T="03">Capua tortrix</E>)).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Watercress</ENT> <ENT> <E T="03">Nasturtium officinale</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Youngia greens</ENT> <ENT> <E T="03">Youngia sonchifolia</E> </ENT> <ENT>Leaf, stem, root.</ENT> </ROW> <ROW> <ENT I="01">Sierra Leone</ENT> <ENT>Cassava</ENT> <ENT> <E T="03">Manihot esculenta</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jute</ENT> <ENT> <E T="03">Corchorus capsularis</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Potato</ENT> <ENT> <E T="03">Solanum tuberosum</E> </ENT> <ENT>Leaf.</ENT> </ROW> <ROW> <ENT I="01">St. Vincent and the Grenadines</ENT> <ENT>Turmeric</ENT> <ENT> <E T="03">Curcuma longa</E> </ENT> <ENT>Rhizome.</ENT> </ROW> <ROW> <ENT I="01">South Africa</ENT> <ENT>Artichoke, globe</ENT> <ENT> <E T="03">Cynara scolymus</E> </ENT> <ENT>Immature flower head.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pineapple</ENT> <ENT> <E T="03">Ananas</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Spain</ENT> <ENT>Eggplant</ENT> <ENT> <E T="03">Solanum melongena</E> </ENT> <ENT>Fruit, commercial shipments only.</ENT> </ROW> <ROW> <PRTPAGE P="315"/> <ENT I="22"/> <ENT>Tomato</ENT> <ENT>(<E T="03">Lycopersicon esculentum</E>)</ENT> <ENT>Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from Almeria Province and only in accordance with § 319.56-2dd of this subpart).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Watermelon</ENT> <ENT> <E T="03">Citrullus vulgaris</E> </ENT> <ENT>Fruit, commercial shipments only.</ENT> </ROW> <ROW> <ENT I="01">Suriname</ENT> <ENT>Amaranth</ENT> <ENT> <E T="03">Amaranthus</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Black palm nut</ENT> <ENT> <E T="03">Astrocaryum</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jessamine</ENT> <ENT> <E T="03">Cestrum latifolium</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Malabar spinach</ENT> <ENT> <E T="03">Bassella alba</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mung bean</ENT> <ENT> <E T="03">Vigna radiata</E> </ENT> <ENT>Seed sprout.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pak choi</ENT> <ENT> <E T="03">Brassica chinensis</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="01">Sweden</ENT> <ENT>Dill</ENT> <ENT> <E T="03">Anethum graveolens</E> </ENT> <ENT>Above ground parts.</ENT> </ROW> <ROW> <ENT I="01">Taiwan</ENT> <ENT>Bamboo</ENT> <ENT> <E T="03">Bambuseae</E> spp</ENT> <ENT>Edible shoot, free of leaves and roots.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Burdock</ENT> <ENT> <E T="03">Arctium lappa</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Wasabi (Japanese horseradish)</ENT> <ENT> <E T="03">Wasabia japonica</E> </ENT> <ENT>Root and stem.</ENT> </ROW> <ROW> <ENT I="01">Thailand</ENT> <ENT>Dasheen</ENT> <ENT> <E T="03">Alocasia</E> spp., <E T="03">Colocasia</E> spp., and <E T="03">Xanthosoma</E> spp</ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Turmeric</ENT> <ENT> <E T="03">Curcuma domestica</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="01">Tonga</ENT> <ENT>Burdock</ENT> <ENT> <E T="03">Arctium lappa</E> </ENT> <ENT>Root, stem and leaf.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Jicama</ENT> <ENT> <E T="03">Pachyrhizus tuberosus</E> </ENT> <ENT>Root.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pumpkin</ENT> <ENT> <E T="03">Cucurbita maxima</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Trinidad and Tobago</ENT> <ENT>Lemongrass</ENT> <ENT> <E T="03">Cymbopogon citratus</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Leren</ENT> <ENT> <E T="03">Calathea allouia</E> </ENT> <ENT>Tuber.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Shield leaf</ENT> <ENT> <E T="03">Cecropia peltata</E> </ENT> <ENT>Leaf and stem.</ENT> </ROW> <ROW> <ENT I="01">Zambia</ENT> <ENT>Pea, snow</ENT> <ENT> <E T="03">Pisum sativum</E> spp. <E T="03">sativum</E> </ENT> <ENT>Flat immature pod.</ENT> </ROW> <TNOTE> <SU>1</SU> The bananas must be green at the time of export. Inspectors at the port of arrival will determine that the bananas were green at the time of export if: (1) bananas shipped by air are still green upon arrival in the United States; and (2) bananas shipped by sea are either still green upon arrival in the United States or are yellow but firm.</TNOTE> <TNOTE> <SU>2</SU> Executive Order 12779 of October 28, 1991 (56 FR 55975-55976, published October 30, 1991), prohibits the importation into the United States of any goods of Haitian origin, other than publications and other informational materials, or of services performed in Haiti. Importation of any Haitian produce will not be allowed as long as this Executive order is in effect.</TNOTE> <TNOTE> <SU>3</SU> No green may be visible on the shoot.</TNOTE> </GPOTABLE> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[57 FR 54489, Nov. 19, 1992, as amended at 58 FR 43497, Aug. 17, 1993; 58 FR 69180, Dec. 30, 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR 14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; 62 FR 596, Jan. 6,1997; 62 FR 50236, Sept. 25, 1997; 63 FR 13485, Mar. 20, 1998; 63 FR 39215, July 22, 1998; 63 FR 65655, Nov. 30, 1998; 66 FR 45158, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2u</SECTNO> <SUBJECT>Conditions governing the entry of lettuce and peppers from Israel.</SUBJECT> <P>(a) Lettuce may be imported into the United States from Israel without fumigation for leafminers, thrips, and <E T="03">Sminthuris viridis</E> only under the following conditions:</P> <P>(1) <E T="03">Growing conditions.</E> (i) The lettuce must be grown in insect-proof houses covered with 50 mesh screens, double self-closing doors, and hard walks (no soil) between the beds;</P> <P>(ii) The lettuce must be grown in growing media that has been sterilized by steam or chemical means;</P> <P>(iii) The lettuce must be inspected during its active growth phase and the inspection must be monitored by a representative of the Israeli Ministry of Agriculture;</P> <P>(iv) The crop must be protected with sticky traps and prophylactic sprays approved for the crop by Israel;</P> <P>(v) The lettuce must be moved to an insect-proof packing house at night in plastic containers covered by 50 mesh screens;</P> <P>(vi) The lettuce must be packed in an insect-proof packing house, individually packed in transparent plastic bags, packed in cartons, placed on pallets, and then covered with shrink wrapping; and</P> <P>(vii) The lettuce must be transported to the airport in a closed refrigerated truck for shipment to the United States.<PRTPAGE P="316"/> </P> <P>(2) Each shipment of lettuce must be accompanied by a phytosanitary certificate issued by the Israeli Ministry of Agriculture stating that the conditions of paragraph (a)(1) of this section have been met.</P> <P>(b) Peppers (fruit) (<E T="03">Capsicum</E> spp.) from Israel may be imported into the United States only under the following conditions:</P> <P>(1) The peppers have been grown the Arava Valley by growers registered with the Israeli Department of Plant Protection and Inspection (DPPI).</P> <P>(2) Malathion bait sprays shall be applied in the residential areas of the Arava Valley at 6- to 10-day intervals beginning not less than 30 days before the harvest of backyard host material in residential areas and shall continue through harvest.</P> <P>(3) The peppers have been grown in insect-proof plastic screenhouses approved by the DPPI and APHIS. Houses shall be examined periodically by DPPI or APHIS personnel for tears in either plastic or screening.</P> <P>(4) Trapping for Mediterranean fruit fly (Medfly) shall be conducted by DPPI throughout the year in the agricultural region along Arava Highway 90 and in the residential area of Paran. The capture of a single Medfly in a screenhouse will immediately cancel export from that house until the source of the infestation is delimited, trap density is increased, pesticide sprays are applied, or other measures acceptable to APHIS are taken to prevent further occurrences.</P> <P>(5) Signs in English and Hebrew shall be posted along Arava Highway 90 stating that it is prohibited to throw out/discard fruits and vegetables from passing vehicles.</P> <P>(6) Sorting and packing of peppers shall be done in the insect-proof screenhouses in the Arava Valley.</P> <P>(7) The peppers must be packed in insect-proof containers prior to movement from approved insect-proof screenhouses in the Arava Valley.</P> <CITA>[57 FR 3120, Jan. 28, 1992, as amended at 58 FR 69181, Dec. 30, 1993; 59 FR 46321, Sept. 8, 1994; 60 FR 50385, Sept. 29, 1995; 62 FR 50236, Sept. 25, 1997; 66 FR 45160, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2v</SECTNO> <SUBJECT>Conditions governing the entry of citrus from Australia.</SUBJECT> <P>(a) The Administrator has determined that the irrigated horticultural areas within the following districts of Australia meet the criteria of § 319.56-2 (e) and (f) with regard to the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E> [Wiedemann]), the Queensland fruit fly (<E T="03">Dacus tryoni</E> [Frogg]), and other fruit flies destructive of citrus:</P> <P>(1) The Riverland district of South Australia, defined as the county of Hamley and the geographical subdivisions, called “hundreds,” of Bookpurnong, Cadell, Gordon, Holder, Katarapko, Loveday, Markaranka, Morook, Murtho, Parcoola, Paringa, Pooginook, Pyap, Stuart, and Waikerie;</P> <P>(2) The Riverina district of New South Wales, defined as:</P> <P>(i) The shire of Carrathool; and</P> <P>(ii) The Murrumbidgee Irrigation Area, which is within the administrative boundaries of the city of Griffith and the shires of Leeton, Narrendera, and Murrumbidgee; and</P> <P>(3) The Sunraysia district, defined as the shires of Wentworth and Balranald in New South Wales and the shires of Mildura, Swan Hill, Wakool, and Kerang, the cities of Mildura and Swan Hill, and the borough of Kerang in Victoria.</P> <P>(b) Oranges (<E T="03">Citrus sinensis</E> [Osbeck]); lemons (<E T="03">C. limonia</E> [Osbeck] and <E T="03">meyeri</E> [Tanaka]); limes (<E T="03">C. aurantiifolia</E> [Swingle] and <E T="03">latifolia</E> [Tanaka]); mandarins, including satsumas, tangerines, tangors, and other fruits grown from this species or its hybrids (<E T="03">C. reticulata</E> [Blanco]); and grapefruit (<E T="03">C. paradisi</E> [MacFad.]) may be imported from the Riverland, Riverina, and Sunraysia districts without treatment for fruit flies, subject to paragraph (c) of this section and all other applicable requirements of this subpart.</P> <P>(c) If surveys conducted in accordance with § 319.56-2d(f) detect, in a district listed in paragraph (a) of this section, the Mediterranean fruit fly (<E T="03">Ceratitis capitata</E> [Wiedemann]), the Queensland fruit fly (<E T="03">Dacus tryoni</E> [Frogg]), or other fruit flies that attack citrus and for which a treatment is listed in the Plant Protection and Quarantine (PPQ) Treatment Manual, <PRTPAGE P="317"/>citrus fruit from that district will remain eligible for importation into the United States in accordance with § 319.56-2(e)(2), provided the fruit undergoes cold treatment in accordance with the PPQ Treatment Manual, which is incorporated by reference at § 300.1 of this chapter, and provided the fruit meets all other applicable requirements of this subpart. Entry is limited to ports listed in § 319.56-2d(b)(1) of this subpart if the treatment is to be completed in the United States. Entry may be through any port if the treatment has been completed in Australia or in transit to the United States. If no approved treatment for the detected fruit fly appears in the PPQ Treatment Manual, importation of citrus from the affected district or districts is prohibited.</P> <CITA>[61 FR 8207, Mar. 4, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2w</SECTNO> <SUBJECT>Administrative instruction; conditions governing the entry of papayas from Central America and Brazil.</SUBJECT> <P>The Solo type of papaya may be imported into the continental United States, Alaska, Puerto Rico, and the U.S. Virgin Islands only under the following conditions:</P> <P>(a) The papayas were grown and packed for shipment to the United States in one of the following locations:</P> <P>(1) Brazil: State of Espirito Santo.</P> <P>(2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.</P> <P>(3) El Salvador: Departments of La Libertad, La Paz, and San Vicente.</P> <P>(4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa, and Suchitepéquez.</P> <P>(5) Honduras: Departments of Comayagua, Cortés, and Santa Bárbara.</P> <P>(6) Nicaragua: Departments of Carazo, Granada, Managua, Masaya, and Rivas.</P> <P>(7) Panama: Provinces of Cocle<AC T="1"/>, Herrera, and Los Santos; Districts of Aleanje, David, and Dolega in the Province of Chiriqui<AC T="1"/>; and all areas in the Province of Panama that are west of the Panama Canal.</P> <P>(b) Beginning at least 30 days before harvest began and continuing through the completion of harvest, all trees in the field where the papayas were grown were kept free of papayas that were <FR>1/2</FR> or more ripe (more than <FR>1/4</FR> of the shell surface yellow), and all culled and fallen fruits were buried, destroyed, or removed from the farm at least twice a week.</P> <P>(c) The papayas were treated with a hot water treatment consisting of 20 minutes in water at 49 °C (120.2 °F).</P> <P>(d) When packed, the papayas were less than <FR>1/2</FR> ripe (the shell surface was no more than <FR>1/4</FR> yellow, surrounded by light green), and appeared to be free of all injurious insect pests.</P> <P>(e) The papayas were safeguarded from exposure to fruit flies from harvest to export, including being packaged so as to prevent access by fruit flies and other injurious insect pests. The package containing the papayas does not contain any other fruit, including papayas not qualified for importation into the United States.</P> <P>(f) All cartons in which papayas are packed must be stamped “Not for importation into or distribution in HI.”</P> <P>(g) All activities described in paragraphs (a) through (f) of this section were carried out under the supervision and direction of plant health officials of the national Ministry of Agriculture.</P> <P>(h) Beginning at least 1 year before harvest begins and continuing through the completion of harvest, fruit fly traps were maintained in the field where the papayas were grown. The traps were placed at a rate of 1 trap per hectare and were checked for fruit flies at least once weekly by plant health officials of the national Ministry of Agriculture. Fifty percent of the traps were of the McPhail type, and fifty percent of the traps were of the Jackson type. If the average Jackson trap catch was greater than 7 Medflies per trap per week, measures were taken to control the Medfly population in the production area. The national Ministry of Agriculture kept records of fruit fly finds for each trap, updated the records each time the traps were checked, and made the records available to APHIS inspectors upon request. The records were maintained for at least 1 year.</P> <P>(i) If the average Jackson trap catch exceeds 14 Medflies per trap per week, <PRTPAGE P="318"/>importations of papayas from that production area must be halted until the rate of capture drops to an average of 7 or fewer Medflies per trap per week.</P> <P>(j) In the State of Espirito Santo, Brazil, if the average McPhail trap catch was greater than 7 South American fruit flies (<E T="03">Anastrepha fraterculus</E>) per trap per week, measures were taken to control the South American fruit fly population in the production area. If the average McPhail trap catch exceeds 14 South American fruit flies per trap per week, importations of papayas from that production area must be halted until the rate of capture drops to an average of 7 or fewer South American fruit flies per trap per week.</P> <P>(k) All shipments must be accompanied by a phytosanitary certificate issued by the national Ministry of Agriculture stating that the papayas were grown, packed, and shipped in accordance with the provisions of this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0128)</APPRO> <CITA>[63 FR 12396, Mar. 13, 1998, as amended at 66 FR 45160, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2x</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of certain fruits and vegetables for which treatment is required.</SUBJECT> <P>(a) The following fruits and vegetables may be imported into the United States only if they have been treated in accordance with the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter:<PRTPAGE P="319"/> </P> <GPOTABLE CDEF="s70,r70,r100,r100" COLS="4" OPTS="L1,i1"> <BOXHD> <CHED H="1"> <E T="03">Country/locality</E> </CHED> <CHED H="1"> <E T="03">Common name</E> </CHED> <CHED H="1"> <E T="03">Botanical name</E> </CHED> <CHED H="1"> <E T="03">Plant part(s)</E> </CHED> </BOXHD> <ROW> <ENT I="01">Argentina</ENT> <ENT>Blueberry</ENT> <ENT> <E T="03">Vaccinium</E> ssp</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Kiwi</ENT> <ENT> <E T="03">Actinidia deliciosa</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="01">Belize</ENT> <ENT>Papaya</ENT> <ENT> <E T="03">Carica papaya</E> </ENT> <ENT>Fruit. (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in a Medfly-free area (see § 319.56-2(j)).)</ENT> </ROW> <ROW> <ENT I="01">Bolivia</ENT> <ENT>Blueberry</ENT> <ENT> <E T="03">Vaccinium</E> spp</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Chile</ENT> <ENT>Lime</ENT> <ENT> <E T="03">Citrus aurantifolia</E> and <E T="03">C. latifolia</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mountain papaya</ENT> <ENT> <E T="03">Carica pubescens</E> (=<E T="03">C. candamar-censis)</E> </ENT> <ENT>fruit (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in Medfly free area (see § 319.56-2(j)).)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Passion fruit</ENT> <ENT> <E T="03">Passiflora</E> spp</ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sandpear</ENT> <ENT> <E T="03">Pyrus pyrifolia</E> </ENT> <ENT>fruit (Treatment for Mediterranean fruit fly (Medfly) not required if fruit is grown in Medfly free area (see § 319.56-2(j)).)</ENT> </ROW> <ROW> <ENT I="01">China</ENT> <ENT>Litchi</ENT> <ENT> <E T="03">Litchi chinensis</E> </ENT> <ENT>fruit (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed must be stamped “Not for importation into or distribution in FL”).</ENT> </ROW> <ROW> <ENT I="01">Ecuador</ENT> <ENT>Blueberry</ENT> <ENT> <E T="03">Vaccinium</E> spp</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">El Salvador</ENT> <ENT>Garden bean</ENT> <ENT> <E T="03">Phaseolus vulgaris</E> </ENT> <ENT>pod or shelled.</ENT> </ROW> <ROW> <ENT I="01">Greece</ENT> <ENT>Kiwi</ENT> <ENT> <E T="03">Actinidia deliciosa</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tangerine</ENT> <ENT> <E T="03">Citrus reticulata</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Guatemala</ENT> <ENT>Tuna</ENT> <ENT> <E T="03">Opuntia</E> spp.</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Guyana</ENT> <ENT>Apple</ENT> <ENT> <E T="03">Malus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Honduras</ENT> <ENT>Hyacinth bean</ENT> <ENT> <E T="03">Lablab purpureus</E> </ENT> <ENT>Pod or shelled.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Yard long bean</ENT> <ENT> <E T="03">Vigna unguiculata, subsp. sesquipedalis</E> </ENT> <ENT>Pod or shelled</ENT> </ROW> <ROW> <ENT I="01">India</ENT> <ENT>Litchi</ENT> <ENT> <E T="03">Litchi chinensis</E> </ENT> <ENT>fruit (Prohibited entry into Florida due to litchi rust mite. Cartons in which litchi are packed must be stamped “Not for importation into or distribution in FL”).</ENT> </ROW> <ROW> <ENT I="01">Israel</ENT> <ENT>Cactus</ENT> <ENT> <E T="03">Opuntia</E> spp</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lettuce</ENT> <ENT> <E T="03">Lactuca sativa</E> </ENT> <ENT>leaf (Treatment for leafminers, thrips, and <E T="03">Sminthuris viridus</E> not required if the lettuce si imported in accordance with § 319.56-2u(a)).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Litchi</ENT> <ENT> <E T="03">Litchi chinensis</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Loquat</ENT> <ENT> <E T="03">Eriobotrya japonica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pummelo</ENT> <ENT> <E T="03">Citrus grandis</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Jordan</ENT> <ENT>Apple</ENT> <ENT> <E T="03">Malus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Grape</ENT> <ENT> <E T="03">Vitis</E> spp.</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Persimmon</ENT> <ENT> <E T="03">Diospyros</E> spp.</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Lebanon</ENT> <ENT>Apple</ENT> <ENT> <E T="03">Malus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Mexico</ENT> <ENT>Carambola</ENT> <ENT> <E T="03">Averrhoa carambola</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Cherry</ENT> <ENT> <E T="03">Prunus avium</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Grapefruit</ENT> <ENT> <E T="03">Citrus paradisi</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <PRTPAGE P="320"/> <ENT I="22"/> <ENT>Mango</ENT> <ENT> <E T="03">Mangifera indica</E> </ENT> <ENT>Fruit. (Must be accompanied by a phytosanitary certificate issued by the national plant protection organization of Mexico stating: “These mangoes were treated in accordance with the Plant Protection and Quarantine TreatmentManual,” unless fruit was grown in a fruit fly-free area listed in § 319.56-2(h).)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Orange</ENT> <ENT> <E T="03">Citrus sinensis</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Tangerine</ENT> <ENT> <E T="03">Citrus reticulata</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Nicaragua</ENT> <ENT>Broad bean</ENT> <ENT> <E T="03">Vicia faba</E> </ENT> <ENT>Pod or shelled.</ENT> </ROW> <ROW> <ENT I="01"/> <ENT>Green bean</ENT> <ENT> <E T="03">Phaseolus</E> spp.</ENT> <ENT>Pod or shelled.</ENT> </ROW> <ROW> <ENT I="01"/> <ENT>Mung bean</ENT> <ENT> <E T="03">Vigna radiata</E> </ENT> <ENT>Pod or shelled.</ENT> </ROW> <ROW> <ENT I="01">Panama</ENT> <ENT>Bean, green and lima</ENT> <ENT> <E T="03">Phaseolus vulgaris</E> and <E T="03">P. lunatus</E> </ENT> <ENT>pod.</ENT> </ROW> <ROW> <ENT I="01">Peru</ENT> <ENT>Blueberry</ENT> <ENT> <E T="03">Vaccinium</E> spp.</ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Spain</ENT> <ENT>Kiwi</ENT> <ENT> <E T="03">Actinidia deliciosa</E> </ENT> <ENT>Fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Lettuce</ENT> <ENT> <E T="03">Lactuca</E> spp</ENT> <ENT>Above ground parts, commercial shipments only.</ENT> </ROW> <ROW> <ENT I="01">Taiwan</ENT> <ENT>Carambola</ENT> <ENT> <E T="03">Averrhoa carambola</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Litchi</ENT> <ENT> <E T="03">Litchi chinensis</E> </ENT> <ENT>fruit (Prohibited entry into Florida due to <E T="03">Eriophyes litchii.</E> Cartons in which litchi are packed must be stamped “Not for distribution in FL”).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Mango</ENT> <ENT> <E T="03">Mangifera indica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Thailand</ENT> <ENT>Asparagus</ENT> <ENT> <E T="03">Asparagus officinalis</E> </ENT> <ENT>shoot.</ENT> </ROW> <ROW> <ENT I="01">Uruguay</ENT> <ENT>Plum</ENT> <ENT> <E T="03">Prunus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="01">Zimbabwe</ENT> <ENT>Apple</ENT> <ENT> <E T="03">Malus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Apricot</ENT> <ENT> <E T="03">Prunus armeniaca</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Kiwi</ENT> <ENT> <E T="03">Actinidia deliciosa</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Nectarine</ENT> <ENT> <E T="03">Prunus persica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Peach</ENT> <ENT> <E T="03">Prunus persica</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Pear</ENT> <ENT> <E T="03">Pyrus communis</E> </ENT> <ENT>fruit.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Plum</ENT> <ENT> <E T="03">Prunus domestica</E> </ENT> <ENT>fruit.</ENT> </ROW> </GPOTABLE> <PRTPAGE P="321"/> <P>(b) If treatment has not been completed before the fruits and vegetables arrive in the United States, fruits and vegetables listed above and requiring treatment for fruit flies may arrive in the United States only at the following ports: Atlantic ports north of, and including, Baltimore, MD; ports on the Great Lakes and St. Lawrence Seaway; Canadian border ports on the North Dakota border and east of North Dakota; the maritime ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA; Hartsfield-Atlanta International Airport, Atlanta, GA; and Baltimore-Washington International and Dulles International airports, Washington, DC. North Atlantic ports are: Atlantic ports north of and including Baltimore; ports on the Great Lakes and St. Lawrence Seaway; Canadian border ports on the North Dakota border and east of North Dakota; and, for air shipments, Washington, DC (including Baltimore-Washington International and Dulles International airports).</P> <CITA>[57 FR 54491, Nov. 19, 1992, as amended at 58 FR 69181, Dec. 30, 1993; 59 FR 40796, Aug. 10, 1994; 59 FR 43712, Aug. 25, 1994; 60 FR 6958, Feb. 6, 1995; 60 FR 14209, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; 61 FR 47667, Sept. 10, 1996; 62 FR 597, Jan. 6, 1997; 66 FR 45161, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2y</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of cantaloupe and watermelon from Ecuador.</SUBJECT> <P>(a) Cantaloupe (<E T="03">Cucumis melo</E>) and watermelon (fruit) (<E T="03">Citrullus lanatus</E>) may be imported into the United States from Ecuador only under the following conditions:</P> <P>(1) The cantaloupe or watermelon may be imported in commercial shipments only;</P> <P>(2) The cantaloupe or watermelon must have been grown in an area where trapping for the South American cucurbit fruit fly has been conducted for at least the previous 12 months by the plant protection service of Ecuador, under the direction of APHIS,<SU>1</SU> <FTREF/> with no findings of the pest.</P> <FTNT> <P> <SU>1</SU> Information on the trapping program may be obtained by writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(3) The following area meets the requirements of paragraph (a)(2) of this section: The area within 5 kilometers of either side of the following roads:</P> <P>(i) Beginning in Guayaquil, the road north through Nobol, Palestina, and Balzar to Velasco-Ibarra (Empalme);</P> <P>(ii) Beginning in Guayaquil, the road south through E1 26, Puerto Inca, Naranjal, and Camilo Ponce to Enriquez;</P> <P>(iii) Beginning in Guayaquil, the road east through Palestina to Vinces;</P> <P>(iv) Beginning in Guayaquil, the road west through Piedrahita (Novol) to Pedro Carbo; or</P> <P>(v) Beginning in Guayaquil, the road west through Progreso, Engunga, Tugaduaja, and Zapotal to El Azucar; and</P> <P>(4) The cantaloupe or watermelon may not be moved into Alabama, American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, and the U.S. Virgin Islands. The boxes in which the cantaloupe or watermelon is packed must be stamped with the name of the commodity followed by the words “Not to be distributed in the following States or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX, VI.”</P> <P>(b) [Reserved]</P> <CITA>[57 FR 54491, Nov. 19, 1992, as amended at 58 FR 69182, Dec. 30, 1993; 59 FR 67610, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2z</SECTNO> <SUBJECT>Administrative instructions governing the entry of cherimoyas from Chile.</SUBJECT> <P>Cherimoyas may be imported into the United States from Chile only under the following conditions:</P> <P>(a) <E T="03">Treatment.</E> The cherimoyas must be treated, under the supervision of an inspector, either in Chile or in the United States, for the Chile false red mite of grapes (<E T="03">Brevipalpus chilensis</E>) in accordance with one of the following procedures:</P> <P>(1) <E T="03">Fumigation.</E> The cherimoyas must be fumigated with methyl bromide at <PRTPAGE P="322"/>normal atmospheric pressure. The fumigation must be done in a fumigation chamber that has been approved for that purpose by the Animal and Plant Health Inspection Service, or under tarpaulins, according to the schedule below. The treatment period must be 2 hours.</P> <GPOTABLE CDEF="s10,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Temperature (°F.)</CHED> <CHED H="1">Dosage—pounds of methyl bromide per 1,000 cu. ft.</CHED> </BOXHD> <ROW> <ENT I="01">80-89 (inclusive)</ENT> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">70-79 (inclusive)</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">60-69 (inclusive)</ENT> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="01">50-59 (inclusive)</ENT> <ENT>3</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">Soapy water and wax.</E> The cherimoyas must be immersed in a soapy water bath consisting of 1 part soap solution (such as Deterfrut) to 3,000 parts water for a minimum of 20 seconds, followed by a pressure shower rinse to remove soapy excess, and then followed by immersion for a minimum of 20 seconds in an undiluted wax coating (such as Johnson Wax Primafresh 31 Kosher fruit coating).</P> <P>(b) <E T="03">APHIS inspection.</E> Cherimoyas from Chile are subject to inspection under the direction of an inspector, either in Chile or at the port of arrival in the United States. Imported cherimoyas inspected in Chile are subject to reinspection at the port of arrival as provided for in § 319.56-6.</P> <P>(c) <E T="03">Trust Fund Agreement.</E> Cherimoyas that are treated or inspected in Chile may be imported into the United States only if the plant protection service of Chile (Servicio Agricola Y Ganadero, referred to in this section as SAG) has entered into a trust fund agreement with APHIS. This agreement requires SAG to pay in advance of each shipping season all costs that APHIS estimates it will incur in providing inspection services in Chile during that shipping season. These costs include administrative expenses and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by APHIS in performing these services. The agreement requires SAG to deposit a certified or cashier's check with APHIS for the amount of these costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires SAG to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before any more cherimoyas will be treated or inspected in Chile. After a final audit at the conclusions of each shipping season, any overpayment of funds would be returned to SAG, or held on account until needed, at SAG's option.</P> <P>(d) <E T="03">Costs for services in the United States.</E> All costs of treatment and required safeguards and supervision, other than the services of the supervising inspector during regularly assigned hours of duty and at the usual place of duty, shall be borne by the owner of the fruits or a representative of the owner.</P> <P>(e) <E T="03">Limitation of origin.</E> The cherimoyas must have been grown in a province of Chile that is free from the Mediterranean fruit fly (see § 319.56-2(j)).</P> <P>(f) <E T="03">Ports of entry.</E> Cherimoyas from Chile may be imported through all ports staffed by an inspector.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Information concerning ports staffed by inspectors may be obtained by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(g) <E T="03">Department not responsible for damage.</E> The treatments prescribed in paragraph (a) of this section are judged from experimental tests to be safe for use with cherimoyas from Chile. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment or by compliance with requirements under paragraph (a) of this section.</P> <CITA>[57 FR 56436, Nov. 30, 1992, as amended at 59 FR 67610, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2aa</SECTNO> <SUBJECT>Administrative instructions governing the entry of cantaloupe, honeydew melons, and watermelon from Brazil and Venezuela.</SUBJECT> <P>Cantaloupe, honeydew melons, and watermelon may be imported into the United States from Brazil and Venezuela only under permit, and only in <PRTPAGE P="323"/>accordance with this section and all other applicable requirements of this subpart:</P> <P>(a) The cantaloupe, honeydew melons, or watermelon must have been grown in the area of Brazil or the area of Venezuela considered by the Animal and Plant Health Inspection Service to be free of the South American cucurbit fly, (<E T="03">Anastrepha grandis</E>), in accordance with § 319.56-2(e)(4) of this subpart. In addition, all shipments of cantaloupe, honeydew melons, and watermelon must be accompanied by a phytosanitary certificate issued either by the Departmento de Defesa e Inspeçaño Vegetal (Brazilian Department of Plant Health and Inspection) or the Servicio Autonomo de Sanidad Agropecuaria (the plant protection service of Venezuela) that includes a declaration indicating that the cantaloupe or melons were grown in an area recognized to be free of the South American cucurbit fly.</P> <P>(1) <E T="03">Area considered free of the South American cucurbit fly in Brazil.</E> The following area in Brazil is considered free of the South American cucurbit fly: That portion of Brazil bounded on the north by the Atlantic Ocean; on the east by the River Assu (Acu) from the Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro to the Ceara State line; and on the west by the Ceara State line to the Atlantic Ocean.</P> <P>(2) <E T="03">Area considered free of the South American cucurbit fly in Venezuela.</E> The following area in Venezuela is considered free of the South American cucurbit fly: The Paraguana Peninsula, located in the State of Falcon, bounded on the north and east by the Caribbean Ocean, on the south by the Gulf of Coro and an imaginary line dividing the autonomous districts of Falcon and Miranda, and on the west by the Gulf of Venezuela.</P> <P>(b) <E T="03">Shipping requirements.</E> The cantaloupe, honeydew melons, and watermelon must be packed in an enclosed container or vehicle, or must be covered by a pest-proof screen or plastic tarpaulin while in transit to the United States.</P> <P>(c) <E T="03">Labeling.</E> All shipments of cantaloupe, honeydew melons, and watermelon must be labeled in accordance with § 319.56-2(g) of this subpart.</P> <CITA>[63 FR 65656, Nov. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2bb</SECTNO> <SUBJECT>Administrative instructions governing movement of Hass avocados from Mexico to Alaska.</SUBJECT> <P>Hass avocados may be imported from Mexico into the United States for distribution in Alaska only under a permit issued in accordance with § 319.56-4, and only under the following conditions:</P> <P>(a) <E T="03">Commercial shipments.</E> The avocados may be imported in commercial shipments only.</P> <P>(b) <E T="03">Safeguards in Mexico.</E> The avocados must have been grown in the Mexican State of Michoacan by a participant in the avocado export program administered by Sanidad Vegetal. Upon request, Sanidad Vegetal will provide APHIS with a list of all participants. Under the supervision of Sanidad Vegetal personnel:</P> <P>(1) The avocados must have been inspected during growing, harvesting, and packing and must have been found free from seed weevils and other pests;</P> <P>(2) The avocados must have been sealed in boxes after inspection at the packing house with a seal that will be broken when the box is opened; and</P> <P>(3) The avocados must be packed in an enclosed container or vehicle or under a tarpaulin cover while in transit through Mexico to prevent exposure of the fruit to fruit flies.</P> <P>(c) <E T="03">Certification.</E> All shipments of avocados must be accompanied by a document issued by Sanidad Vegetal certifying that the conditions specified in paragraph (b) of this section have been met.</P> <P>(d) <E T="03">Marking requirements.</E> The boxes of avocados must be clearly marked with the statement “Distribution limited to the State of Alaska.”</P> <P>(e) <E T="03">Ports.</E> The avocados may enter the United States only at the following ports: Galveston or Houston, Texas; the border ports at Nogales, Arizona; Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, Texas; any port in Alaska; or other ports within that area of the United States specified in paragraph (f) of this section.<PRTPAGE P="324"/> </P> <P>(f) <E T="03">Shipping areas.</E> Except as explained below for avocados that enter the United States at Nogales, Arizona, avocados moved by truck or rail car may transit only that area of the United States bounded on the west and south by a line extending from El Paso, Texas, to Salt Lake City, Utah, to Portland, Oregon, and due west from Portland; and on the east and south by a line extending from Brownsville, Texas, to Galveston, Texas, to Kinder, Louisiana, to Memphis, Tennessee, to Louisville, Kentucky, and due east from Louisville. All cities on these boundary lines are included in this area. If the avocados are moved by air, the aircraft may not land outside this area. Avocados that enter the United States at Nogales, Arizona, must be moved to El Paso, Texas, by the route specified on the permit, and then must remain within the shipping area described above.</P> <P>(g) <E T="03">Shipping requirements.</E> The avocados must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in refrigerated containers on a truck or rail car. If the avocados are moved in refrigerated containers on a truck or rail car, an inspector must seal the containers with a serially numbered seal at the port of first arrival in the United States. If the avocados are moved in a refrigerated truck or a refrigerated rail car, an inspector must seal the truck or rail car with a serially numbered seal at the port of first arrival in the United States. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Customs bond.</P> <P>(h) <E T="03">Inspection.</E> The avocados are subject to inspection by the Animal and Plant Health Inspection Service at the U.S./Mexico border, at any stops in the United States en route to Alaska, and at the port of arrival in Alaska.</P> <CITA>[58 FR 40037, July 27, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2cc</SECTNO> <SUBJECT>Administrative instructions governing the entry of Fuji variety apples from Japan and the Republic of Korea.</SUBJECT> <P>Fuji variety apples may be imported into the United States from Japan and the Republic of Korea only under the following conditions:</P> <P>(a) <E T="03">Treatment and fumigation.</E> The apples must be cold treated and then fumigated, under the supervision of an Animal and Plant Health Inspection Service (APHIS) inspector, either in Japan or the Republic of Korea, for the peach fruit moth (<E T="03">Carposina niponensis</E>), the yellow peach moth (<E T="03">Conogethes punctiferalis</E>), the fruit tree spider mite (<E T="03">Tetranychus viennensis</E>), and the kanzawa mite (<E T="03">T. kanzawai</E>), in accordance with the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <P>(b) <E T="03">APHIS inspection.</E> The apples must be inspected upon completion of the treatments required by paragraph (a) of this section, prior to export from Japan or the Republic of Korea, by an APHIS inspector and an inspector from the national plant protection agency of Japan or the Republic of Korea. The apples shall be subject to further disinfection in the exporting country if plant pests are found prior to export. Imported Fuji variety apples inspected in Japan or the Republic of Korea are also subject to inspection and disinfection at the port of first arrival, as provided in § 319.56-6.</P> <P>(c) <E T="03">Trust fund agreements.</E> The national plant protection agency of the exporting country must enter into a trust fund agreement with APHIS before APHIS will provide the services necessary for Fuji variety apples to be imported into the United States from Japan or the Republic of Korea. The agreement requires the national plant protection agency to pay in advance of each shipping season all costs that APHIS estimates it will incur in providing services in Japan or the Republic of Korea during that shipping season. These costs include administrative expenses and all salaries (including <PRTPAGE P="325"/>overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by APHIS in performing these services. The agreement requires the national plant protection agency to deposit a certified or cashiers check with APHIS for the amount of these costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires the national plant protection agency to deposit with APHIS a certified or cashiers check for the amount of the remaining costs, as determined by APHIS, before APHIS will provide any more services necessary for Fuji variety apples to be imported into the United States from that country. After a final audit at the conclusion of each shipping season, any overpayment of funds will be returned to the national plant protection agency, or held on account until needed, at that agency's option.</P> <P>(d) <E T="03">Department not responsible for damage.</E> The treatments prescribed in paragraph (a) of this section are judged from experimental tests to be safe for use with Fuji variety apples from Japan and the Republic of Korea. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment or by compliance with requirements under paragraph (a) or (b) of this section.</P> <CITA>[59 FR 42154, Aug. 17, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2dd</SECTNO> <SUBJECT>Administrative instructions: conditions governing the entry of tomatoes.</SUBJECT> <P>(a) <E T="03">Tomatoes</E> (<E T="03">fruit</E>) (<E T="03">Lycopersicon esculentum</E>) <E T="03">from Spain.</E> Pink or red tomatoes may be imported into the United States from Spain only under the following conditions: <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> The surface area of a pink tomato is more than 30 percent but not more than 60 percent pink and/or red. The surface area of a red tomato is more than 60 percent pink and/or red. Green tomatoes may be imported in accordance with § 319.56-2t of this subpart.</P> </FTNT> <P>(1) The tomatoes must be grown in the Almeria Province of Spain in greenhouses registered with, and inspected by, the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);</P> <P>(2) The tomatoes may be shipped only from December 1 through April 30, inclusive;</P> <P>(3) Two months prior to shipping, and continuing through April 30, MAFF must set and maintain Mediterranean fruit fly (Medfly) traps baited with trimedlure inside the greenhouses at a rate of four traps per hectare. In all areas outside the greenhouses and within 8 kilometers, including urban and residential areas, MAFF must place Medfly traps at a rate of four traps per square kilometer. All traps must be checked every 7 days;</P> <P>(4) Capture of a single Medfly in a registered greenhouse will immediately result in cancellation of exports from that greenhouse until the source of infestation is determined, the Medfly infestation is eradicated, and measures are taken to preclude any future infestation. Capture of a single Medfly within 2 kilometers of a registered greenhouse will necessitate increasing trap density in order to determine whether there is a reproducing population in the area. Capture of two Medflies within 2 kilometers of a registered greenhouse and within a 1-month time period will result in cancellation of exports from all registered greenhouses within 2 kilometers of the find until the source of infestation is determined and the Medfly infestation is eradicated;</P> <P>(5) MAFF must maintain records of trap placement, checking of traps, and any Medfly captures, and must make the records available to APHIS upon request;</P> <P>(6) The tomatoes must be packed within 24 hours of harvest. They must be safeguarded by a fruit fly-proof mesh screen or plastic tarpaulin while in transit to the packing house and while awaiting packing, and packed in fruit fly-proof containers for transit to the airport and subsequent shipping to the United States. Transit through other fruit fly supporting areas is prohibited unless the fruit fly-proof containers are sealed by MAFF before shipment and the official seal number is recorded on the phytosanitary certificate; and<PRTPAGE P="326"/> </P> <P>(7) MAFF is responsible for export certification inspection and issuance of phytosanitary certificates. Each shipment of tomatoes must be accompanied by a phytosanitary certificate issued by MAFF and bearing the declaration, “These tomatoes were grown in registered greenhouses in Almeria Province in Spain.”</P> <P>(b) <E T="03">Tomatoes</E> (<E T="03">fruit</E>) (<E T="03">Lycopersicon esculentum</E>) <E T="03">from France.</E> Pink or red tomatoes may be imported into the United States from France only under the following conditions: <SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> See footnote 1 in paragraph (a) of this section.</P> </FTNT> <P>(1) The tomatoes must be grown in the Brittany Region of France in greenhouses registered with, and inspected by, the Service de la Protection Vegetaux (SRPV);</P> <P>(2) From June 1 through September 30, SRPV must set and maintain one Medfly trap baited with trimedlure inside and one outside each greenhouse and must check the traps every 7 days;</P> <P>(3) Capture of a single Medfly inside or outside a registered greenhouse will immediately result in cancellation of exports from that greenhouse until the source of the infestation is determined, the Medfly infestation is eradicated, and measures are taken to preclude any future infestation;</P> <P>(4) SRPV must maintain records of trap placement, checking of traps, and any Medfly captures, and must make them available to APHIS upon request;</P> <P>(5) From June 1 through September 30, the tomatoes must be packed within 24 hours of harvest. They must be safeguarded by fruit fly-proof mesh screen or plastic tarpaulin while in transit to the packing house and while awaiting packing, and be packed in fruit fly-proof containers for transit to the airport and subsequent shipping to the United States. At all times of the year, transit through other fruit fly supporting areas is prohibited unless the fruit fly-proof containers are sealed by SRPV before shipment and the official seal number is recorded on the phytosanitary certificate; and</P> <P>(6) SRPV is responsible for export certification inspection and issuance of phytosanitary certificates. Each shipment of tomatoes must be accompanied by a phytosanitary certificate issued by SRPV and bearing the declaration, “These tomatoes were grown in registered greenhouses in the Brittany Region of France.”</P> <P>(c) <E T="03">Tomatoes</E> (<E T="03">fruit</E>) (<E T="03">Lycopersicon esculentum</E>) <E T="03">from Morocco and Western Sahara.</E> Pink tomatoes may be imported into the United States from Morocco and Western Sahara only under the following conditions: <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> See footnote 1 in paragraph (a) of this section.</P> </FTNT> <P>(1) The tomatoes must be grown in the provinces of El Jadida or Safi in Morocco or in the province of Dahkla in Western Sahara in insect-proof greenhouses registered with, and inspected by, the Moroccan Ministry of Agriculture, Division of Plant Protection, Inspection, and Enforcement (DPVCTRF);</P> <P>(2) The tomatoes may be shipped from Morocco and Western Sahara only between December 1 and April 30, inclusive;</P> <P>(3) Beginning 2 months prior to the start of the shipping season and continuing through the end of the shipping season, DPVCTRF must set and maintain Mediterranean fruit fly (Medfly) traps baited with trimedlure inside the greenhouses at a rate of four traps per hectare. In Morocco, traps must also be placed outside registered greenhouses within a 2 kilometer radius at a rate of four traps per square kilometer. In Western Sahara, a single trap must be placed outside in the immediate proximity of each registered greenhouse. All traps in Morocco and Western Sahara must be checked every 7 days;</P> <P>(4) DPVCTRF must maintain records of trap placement, checking of traps, and any Medfly captures, and make the records available to APHIS upon request;</P> <P>(5) Capture of a single Medfly in a registered greenhouse will immediately result in cancellation of exports from that greenhouse until the source of the infestation is determined, the Medfly infestation has been eradicated, and measures are taken to preclude any future infestation. Capture of a single <PRTPAGE P="327"/>Medfly within 200 meters of a registered greenhouse will necessitate increasing trap density in order to determine whether there is a reproducing population in the area. Six additional traps must be placed within a radius of 200 meters surrounding the trap where the Medfly was captured. Capture of 2 Medflies within 200 meters of a registered greenhouse and within a 1-month time period will necessitate Malathion bait sprays in the area every 7 to 10 days for 60 days to ensure eradication;</P> <P>(6) The tomatoes must be packed within 24 hours of harvest. They must be safeguarded by a fruit fly-proof mesh screen or plastic tarpaulin while in transit to the packing house and while awaiting packing, and packed in fruit fly-proof containers for transit to the airport and subsequent shipping to the United States. The tomatoes must be pink at the time of packing. Transit through other fruit fly supporting areas is prohibited unless the fruit fly-proof containers are sealed by the Moroccan Ministry of Agriculture, Fresh Product Export (EACCE), before shipment and the official seal number is recorded on the phytosanitary certificate; and</P> <P>(7) EACCE is responsible for export certification inspection and issuance of phytosanitary certificates. Each shipment of tomatoes must be accompanied by a phytosanitary certificate issued by EACCE and bearing the declaration, “These tomatoes were grown in registered greenhouses in El Jadida or Safi Province, Morocco, and were pink at the time of packing” or “These tomatoes were grown in registered greenhouses in Dahkla Province, Western Sahara and were pink at the time of packing.”</P> <P>(d) <E T="03">Tomatoes from Chile.</E> Tomatoes (fruit) (<E T="03">Lycopersicon esculentum</E>) from Chile, whether green or at any stage of ripeness, may be imported into the United States only under the following conditions:</P> <P>(1) The tomatoes must be treated in Chile with methyl bromide in accordance with the PPQ Treatment Manual, which is incorporated by reference at § 300.1 of this chapter. The treatment must be conducted in facilities registered with the Servicio Agricola y Ganadero (SAG) and with APHIS personnel monitoring the treatments;</P> <P>(2) The tomatoes must be treated and packed within 24 hours of harvest. Once treated, the tomatoes must be safeguarded by a fruit fly-proof mesh screen or plastic tarpaulin while in transit to the packing house and while awaiting packing, and be packed in fruit fly-proof containers under APHIS monitoring for transit to the airport and subsequent shipping to the United States; and</P> <P>(3) Tomatoes may be imported into the United States from Chile only if SAG has entered into a trust fund agreement with APHIS for that shipping season. This agreement requires SAG to pay in advance all costs that APHIS estimates it will incur in providing the preclearance services prescribed in this section for that shipping season. These costs will include administrative expenses incurred in conducting the preclearance services; and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in providing these services. The agreement requires SAG to deposit a certified or cashier's check with APHIS for the amount of these costs for the entire shipping season, as estimated by APHIS based on projected shipment volumes and cost figures from previous inspections. The agreement further requires that, if the initial deposit is not sufficient to meet all costs incurred by APHIS, SAG must deposit with APHIS another certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before the inspections will be completed. The agreement also requires that, in the event of unexpected end-of-season costs, SAG must deposit with APHIS a certified cashier's check sufficient to meet such costs as estimated by APHIS, before any further preclearance services will be provided. If the amount SAG deposits during a shipping season exceeds the total cost incurred by APHIS in providing preclearance services, the difference <PRTPAGE P="328"/>will be returned to SAG by APHIS at the end of the shipping season.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0131)</APPRO> <CITA>[63 FR 39216, July 22, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2ee</SECTNO> <SUBJECT>Administrative instructions: Conditions governing the entry of Ya variety pears from China.</SUBJECT> <P>Ya variety pears may be imported into the United States from China only under the following conditions:</P> <P>(a) <E T="03">Growing and harvest conditions.</E> (1) The pears must have been grown by growers registered with the Chinese Ministry of Agriculture in an APHIS-approved export growing area in the Hebei or Shadong Provinces.</P> <P>(2) Field inspections for signs of pest infestation must be conducted by the Chinese Ministry of Agriculture during the growing season.</P> <P>(3) The registered growers shall be responsible for following the phytosanitary measures agreed upon by APHIS and the Chinese Ministry of Agriculture, including applying pesticides to reduce the pest population and bagging the pears on the trees to reduce the opportunity for pests to attack the fruit during the growing season. The bags must remain on the pears through the harvest and during their movement to the packing house.</P> <P>(4) The packing houses in which the pears are prepared for exportation shall not be used for any fruit other than Ya variety pears from registered growers during the pear export season. The packing houses shall accept only those pears that are in intact bags as required by paragraph (a)(3) of this section. The pears must be loaded into containers at the packing house and the containers then sealed before movement to the port of export.</P> <P>(b) <E T="03">Treatment.</E> The pears must be cold treated for <E T="03">Bactrocera dorsalis</E> in accordance with the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <P>(c) Each shipment of pears must be accompanied by a phytosanitary certificate issued by the Chinese Ministry of Agriculture stating that the conditions of paragraphs (a) and (b) of this section have been met.</P> <CITA>[60 FR 50386, Sept. 29, 1995, as amended at 66 FR 45161, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2ff</SECTNO> <SUBJECT>Administrative instructions governing movement of Hass avocados from Michoacan, Mexico, to approved States.</SUBJECT> <P>Fresh Hass variety avocados (<E T="03">Persea americana</E>) may be imported from Michoacan, Mexico, into the United States for distribution in approved States only under a permit issued in accordance with § 319.56-4, and only under the following conditions:</P> <P>(a) <E T="03">Shipping restrictions.</E> (1) The avocados may be imported in commercial shipments only;</P> <P>(2) The avocados may be imported only between October 15 and April 15 of the following year; and</P> <P>(3) The avocados may be distributed only in the following States: Colorado, Connecticut, Delaware, the District of Columbia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.</P> <P>(b) <E T="03">Trust fund agreement.</E> The avocados may be imported only if the Mexican avocado industry association representing Mexican avocado growers, packers, and exporters has entered into a trust fund agreement with the Animal and Plant Health Inspection Service (APHIS) for that shipping season. That agreement requires the Mexican avocado industry association to pay in advance all estimated costs that APHIS expects to incur through its involvement in the trapping, survey, harvest, and packinghouse operations prescribed in paragraph (c) of this section. These costs will include administrative expenses incurred in conducting the services and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in performing these services. The agreement requires the Mexican avocado industry association to deposit <PRTPAGE P="329"/>a certified or cashier's check with APHIS for the amount of those costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires the Mexican avocado industry association to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before the services will be completed. After a final audit at the conclusion of each shipping season, any overpayment of funds would be returned to the Mexican avocado industry association or held on account until needed.</P> <P>(c) <E T="03">Safeguards in Mexico.</E> The avocados must have been grown in the Mexican State of Michoacan in an orchard located in a municipality that meets the requirements of paragraph (c)(1) of this section. The orchard in which the avocados are grown must meet the requirements of paragraph (c)(2) of this section. The avocados must be packed for export to the United States in a packinghouse that meets the requirements of paragraph (c)(3) of this section. Sanidad Vegetal must provide an annual work plan to APHIS that details the activities that Sanidad Vegetal will, subject to APHIS’ approval of the work plan, carry out to meet the requirements of this section; APHIS will be directly involved with Sanidad Vegetal in the monitoring and supervision of those activities. The personnel conducting the trapping and pest surveys must be hired, trained, and supervised by Sanidad Vegetal or by the Michoacan State delegate of the Secretaria de Agricultura, Ganaderia y Desarrollo Rural (SAGDR).</P> <P>(1) <E T="03">Municipality requirements.</E> (i) The municipality must be listed as an approved municipality in the annual work plan provided to APHIS by Sanidad Vegetal.</P> <P>(ii) The municipality must be surveyed at least annually and found to be free from the large avocado seed weevil <E T="03">Heilipus lauri,</E> the avocado seed moth <E T="03">Stenoma catenifer,</E> and the small avocado seed weevils <E T="03">Conotrachelus aguacatae</E> and <E T="03">C. perseae.</E> The survey must cover at least 300 hectares in the municipality and include randomly selected portions of each registered orchard and areas with wild or backyard avocado trees. The survey must be conducted during the growing season and completed prior to the harvest of the avocados.</P> <P>(iii) Trapping must be conducted in the municipality for Mediterranean fruit fly (Medfly) (<E T="03">Ceratitis capitata</E>) at the rate of 1 trap per 1 to 4 square miles. Any findings of Medfly must be reported to APHIS.</P> <P>(2) <E T="03">Orchard and grower requirements.</E> The orchard and the grower must be registered with Sanidad Vegetal's avocado export program and must be listed as an approved orchard or an approved grower in the annual work plan provided to APHIS by Sanidad Vegetal. The operations of the orchard must meet the following conditions:</P> <P>(i) The orchard and all contiguous orchards and properties must be surveyed annually and found to be free from the avocado stem weevil <E T="03">Copturus aguacatae.</E> The survey must be conducted during the growing season and completed prior to the harvest of the avocados.</P> <P>(ii) Trapping must be conducted in the orchard for the fruit flies <E T="03">Anastrepha ludens, A. serpentina,</E> and <E T="03">A. striata</E> at the rate of one trap per 10 hectares. If one of those fruit flies is trapped, at least 10 additional traps must be deployed in a 50-hectare area immediately surrounding the trap in which the fruit fly was found. If within 30 days of the first finding any additional fruit flies are trapped within the 260-hectare area surrounding the first finding, malathion bait treatments must be applied in the affected orchard in order for the orchard to remain eligible to export avocados.</P> <P>(iii) Avocado fruit that has fallen from the trees must be removed from the orchard at least once every 7 days and may not be included in field boxes of fruit to be packed for export.</P> <P>(iv) Dead branches on avocado trees in the orchard must be pruned and removed from the orchard.</P> <P>(v) Harvested avocados must be placed in field boxes or containers of field boxes that are marked to show the Sanidad Vegetal registration number of the orchard. The avocados must be moved from the orchard to the packinghouse within 3 hours of harvest or <PRTPAGE P="330"/>they must be protected from fruit fly infestation until moved.</P> <P>(vi) The avocados must be protected from fruit fly infestation during their movement from the orchard to the packinghouse and must be accompanied by a field record indicating that the avocados originated from a certified orchard.</P> <P>(3) <E T="03">Packinghouse requirements.</E> The packinghouse must be registered with Sanidad Vegetal's avocado export program and must be listed as an approved packinghouse in the annual work plan provided to APHIS by Sanidad Vegetal. The operations of the packinghouse must meet the following conditions:</P> <P>(i) During the time the packinghouse is used to prepare avocados for export to the United States, the packinghouse may accept fruit only from orchards certified by Sanidad Vegetal for participation in the avocado export program.</P> <P>(ii) All openings to the outside must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents insects from entering the packinghouse.</P> <P>(iii) The packinghouse must have double doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed.</P> <P>(iv) Prior to the culling process, a sample of 300 avocados per shipment must be selected, cut, and inspected by Sanidad Vegetal and found free from pests.</P> <P>(v) The identity of the avocados must be maintained from field boxes or containers to the shipping boxes so the avocados can be traced back to the orchard in which they were grown if pests are found at the packinghouse or the port of first arrival in the United States.</P> <P>(vi) Prior to being packed in boxes, each avocado fruit must be cleaned of all stems, leaves, and other portions of plants and labeled with a sticker that bears the Sanidad Vegetal registration number of the packinghouse.</P> <P>(vii) The avocados must be packed in clean, new boxes, or clean plastic reusable crates. The boxes or crates must be clearly marked with the identity of the grower, packinghouse, and exporter, and the statement “Not for distribution in AL, AK, AZ, AR, CA, FL, GA, HI, LA, MS, NV, NM, NC, OK, OR, SC, TN, TX, WA, Puerto Rico, and all other U.S. Territories.”</P> <P>(viii) The boxes must be placed in a refrigerated truck or refrigerated container and remain in that truck or container while in transit through Mexico to the port of first arrival in the United States. Prior to leaving the packinghouse, the truck or container must be secured by Sanidad Vegetal with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container must remain unopened until it reaches the port of first arrival in the United States.</P> <P>(ix) Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the work day must be kept in the screened packing area.</P> <P>(d) <E T="03">Certification.</E> All shipments of avocados must be accompanied by a phytosanitary certificate issued by Sanidad Vegetal certifying that the conditions specified in this section have been met.</P> <P>(e) <E T="03">Pest detection.</E> (1) If any of the avocado seed pests <E T="03">Heilipus lauri, Conotrachelus aquacatae, C. perseae,</E> or <E T="03">Stenoma catenifer</E> are discovered in a municipality during an annual pest survey, orchard survey, packinghouse inspection, or other monitoring or inspection activity in the municipality, Sanidad Vegetal must immediately initiate an investigation and take measures to isolate and eradicate the pests. Sanidad Vegetal must also provide APHIS with information regarding the circumstances of the infestation and the pest risk mitigation measures taken. The municipality in which the pests are discovered will lose its pest-free certification and avocado exports from that municipality will be suspended until APHIS and Sanidad Vegetal agree that the pest eradication measures taken have been effective and that the pest risk within that municipality has been eliminated.</P> <P>(2) If Sanidad Vegetal discovers the stem weevil <E T="03">Copturus aguacatae</E> in an orchard during an orchard survey or other monitoring or inspection activity in the orchard, Sanidad Vegetal must <PRTPAGE P="331"/>provide APHIS with information regarding the circumstances of the infestation and the pest risk mitigation measures taken. The orchard in which the pest was found will lose its export certification immediately and will be denied export certification for the entire shipping season of October 15 through April 15.</P> <P>(3) If Sanidad Vegetal discovers the stem weevil <E T="03">Copturus aguacatae</E> in fruit at a packinghouse, Sanidad Vegetal must investigate the origin of the infested fruit and provide APHIS with information regarding the circumstances of the infestation and the pest risk mitigation measures taken. The orchard where the infested fruit originated will lose its export certification immediately and will be denied export certification for the entire shipping season of October 15 through April 15.</P> <P>(f) <E T="03">Ports.</E> The avocados may enter the United States at:</P> <P>(1) Any port located in a State specified in paragraph (a)(3) of this section;</P> <P>(2) The ports of Galveston or Houston, TX, or the border ports of Nogales, AZ, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, TX; or</P> <P>(3) Other ports within that area of the United States specified in paragraph (g) of this section.</P> <P>(g) <E T="03">Shipping areas.</E> (1) Except as explained below in paragraph (g)(3) for avocados that enter the United States at Nogales, AZ, avocados moved by truck or rail car may transit only that area of the United States bounded as follows:</P> <P>(i) On the east and south by a line extending from Brownsville, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, to Knoxville, TN, following Interstate 40 to Raleigh, NC, and due east from Raleigh, and</P> <P>(ii) On the west by following Interstate 10 North from El Paso, TX, to Las Cruces, NM, and north following Interstate 25 to the Colorado border, then west along Colorado and Utah's southern borders, then north along Utah's western border, then west along Idaho's southern border and north along Idaho's western border to the border with Canada.</P> <P>(2) All cities on the boundary lines described in paragraph (g)(1) are included in this shipping area. If the avocados are moved by air, the aircraft may not land outside this shipping area.</P> <P>(3) Avocados that enter the United States at Nogales, AZ, must be moved to Las Cruces, NM, by the route specified on the permit, and then must remain within the shipping area described above in this paragraph.</P> <P>(h) <E T="03">Shipping requirements.</E> The avocados must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in a refrigerated container on a truck or rail car. If the avocados are moved in a refrigerated container on a truck or rail car, an inspector must seal the container with a serially numbered seal at the port of first arrival in the United States. If the avocados are moved in a refrigerated truck or a refrigerated rail car, an inspector must seal the truck or rail car with a serially numbered seal at the port of first arrival in the United States. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Customs bond.</P> <P>(i) <E T="03">Inspection.</E> The avocados are subject to inspection by an inspector at the port of first arrival, at any stops in the United States en route to an approved State, and upon arrival at the terminal market in the approved States. At the port of first arrival, an inspector will sample and cut avocados from each shipment to detect pest infestation.</P> <P>(j) <E T="03">Repackaging.</E> If any avocados are removed from their original shipping boxes and repackaged, the stickers required by paragraph (c)(3)(vi) of this section may not be removed or obscured and the new boxes must be clearly marked with all the information required by paragraph (c)(3)(vii) of this section.</P> <P>(k) <E T="03">Compliance agreements.</E> (1) Any person, other than the permittee, who moves or distributes the avocados following their importation into the United States (i.e., a second-party or subsequent handler) must enter into a compliance agreement with APHIS. In the compliance agreement, the person <PRTPAGE P="332"/>must acknowledge, and agree to observe, the requirements of paragraph (a) and paragraphs (f) through (k) of this section. Compliance agreement forms are available, free of charge, from local offices of Plant Protection and Quarantine, which are listed in local telephone directories. A compliance agreement will not be required for an individual place of business that only offers the avocados for sale directly to consumers.</P> <P>(2) Before transferring the avocados to any person (i.e., a second-party handler) for movement or distribution, the permittee must confirm that the second-party handler has entered into a compliance agreement with APHIS as required by paragraph (k)(1) of this section. If the permittee transfers the avocados to a second-party handler who has not entered into a compliance agreement, APHIS may revoke the permittee's import permit for the remainder of the current shipping season.</P> <P>(3) Any second-party or subsequent handler who transfers the avocados to another person for movement or distribution must confirm that the person receiving the avocados has entered into a compliance agreement with APHIS as required by paragraph (k)(1) of this section. If the second-party or subsequent handler transfers the avocados to a person who has not entered into a compliance agreement, APHIS may revoke the handler's compliance agreement for the remainder of the current shipping season.</P> <P>(4) <E T="03">Action on repeat violators.</E> APHIS may deny an application for an import permit from, or refuse to enter into a compliance agreement with, any person who has had his or her import permit or compliance agreement revoked under paragraph (k)(2) or (k)(3) of this section twice within any 5-year period.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0129.)</APPRO> <CITA>[62 FR 5313, Feb. 5, 1997, as amended at 64 FR 68005, Dec. 6, 1999; 66 FR 55551, Nov. 1, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2gg</SECTNO> <SUBJECT>Administrative instructions; conditions governing the entry of peppers from Spain.</SUBJECT> <P>Peppers (fruit) (<E T="03">Capsicum</E> spp.) may be imported into the United States from Spain only under permit, and only in accordance with this section and all other applicable requirements of this subpart:</P> <P>(a) The peppers must be grown in the Almeria Province of Spain in pest-proof greenhouses registered with, and inspected by, the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);</P> <P>(b) The peppers may be shipped only from December 1 through April 30, inclusive;</P> <P>(c) Beginning October 1, and continuing through April 30, MAFF must set and maintain Mediterranean fruit fly (Medfly) traps baited with trimedlure inside the greenhouses at a rate of four traps per hectare. In all outside areas, including urban and residential areas, within 8 kilometers of the greenhouses, MAFF must set and maintain Medfly traps baited with trimedlure at a rate of four traps per square kilometer. All traps must be checked every 7 days;</P> <P>(d) Capture of a single Medfly in a registered greenhouse will immediately halt exports from that greenhouse until the Deputy Administrator determines that the source of infestation has been identified, that all Medflies have been eradicated, and that measures have been taken to preclude any future infestation. Capture of a single Medfly within 2 kilometers of a registered greenhouse will necessitate increased trap density in order to determine whether there is a reproducing population in the area. Capture of two Medflies within 2 kilometers of a registered greenhouse during a 1-month period will halt exports from all registered greenhouses within 2 kilometers of the capture, until the source of infestation is determined and all Medflies are eradicated;</P> <P>(e) The peppers must be safeguarded against fruit fly infestation from harvest to export. Such safeguarding includes covering newly harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin while in transit to the packing house and while awaiting packing, and packing the peppers in fruit fly-proof cartons, or cartons covered with fruit-fly proof mesh or plastic tarpaulin, and placing those cartons in enclosed shipping containers for transit to the airport and subsequent shipment to the United States;<PRTPAGE P="333"/> </P> <P>(f) The peppers must be packed for shipment within 24 hours of harvest;</P> <P>(g) During shipment, the peppers may not transit other fruit fly-supporting areas unless shipping containers are sealed by MAFF with an official seal whose number is noted on the phytosanitary certificate; and</P> <P>(h) A phytosanitary certificate issued by MAFF and bearing the declaration, “These peppers were grown in registered greenhouses in Almeria Province in Spain,” must accompany the shipment.</P> <CITA>[63 FR 65656, Nov. 30, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2hh</SECTNO> <SUBJECT>Conditions governing the entry of peppers from New Zealand.</SUBJECT> <P>Peppers from New Zealand may be imported into the United States only under the following conditions:</P> <P>(a) The peppers must be grown in New Zealand in insect-proof greenhouses approved by the New Zealand Ministry of Agriculture and Forestry (MAF).</P> <P>(b) The greenhouses must be equipped with double self-closing doors, and any vents or openings in the greenhouses (other than the double closing doors) must be covered with 0.6 mm screening in order to prevent the entry of pests into the greenhouse.</P> <P>(c) The greenhouses must be examined periodically by MAF to ensure that the screens are intact.</P> <P>(d) Each shipment of peppers must be accompanied by a phytosanitary certificate of inspection issued by MAF bearing the following declaration: “These peppers were grown in greenhouses in accordance with the conditions in § 319.56-2hh.”</P> <CITA>[66 FR 45161, Aug. 28, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-2ii</SECTNO> <SUBJECT>Administrative instructions: conditions governing the entry of mangoes from the Philippines.</SUBJECT> <P>Mangoes (fruit) (<E T="03">Mangifera indica</E>) may be imported into the United States from the Philippines only under the following conditions:</P> <P>(a) <E T="03">Limitation of origin.</E> The mangoes must have been grown on the island of Guimaras, which the Administrator has determined meets the criteria set forth in § 319.56-2(e)(4) and § 319.56-2(f) with regard to the mango seed weevil (<E T="03">Sternochetus mangiferae</E>).</P> <P>(b) <E T="03">Treatment.</E> The mangoes must be subjected to the following vapor heat treatment for fruit flies of the genus <E T="03">Bactrocera.</E> The treatment must be conducted in the Philippines under the supervision of an inspector.</P> <P>(1) Size the fruit before treatment. Place temperature probes in the center of the large fruits.</P> <P>(2) Raise the temperature of the fruit by saturated water vapor at 117.5 °F (47.5 °C) until the approximate center of the fruit reaches 114.8 °F (46 °C) within a minimum of 4 hours.</P> <P>(3) Hold fruit temperature at 114.8 °F (46 °C) for 10 minutes.</P> <P>(4) During the run-up time, temperature should be recorded from each pulp sensor once every 5 minutes. During the 10 minutes holding time, temperature should be recorded from each pulp sensor every minute. During the last hour of the treatment, which includes the 10-minute holding time, the relative humidity must be maintained at a level of 90 percent or higher. After the fruit are treated, air cooling and/or drench cooling are optional.</P> <P>(c) <E T="03">APHIS inspection.</E> Mangoes from the Philippines are subject to inspection under the direction of an inspector, either in the Philippines or at the port of first arrival in the United States. Mangoes inspected in the Philippines are subject to reinspection at the port of first arrival in the United States as provided in § 319.56-6.</P> <P>(d) <E T="03">Labeling.</E> Each box of mangoes must be clearly labeled in accordance with § 319.56-2(g).</P> <P>(e) <E T="03">Phytosanitary certificate.</E> Each shipment of mangoes must be accompanied by a phytosanitary certificate issued by the Republic of the Philippines Department of Agriculture that contains additional declarations stating that the mangoes were grown on the island of Guimaras and have been treated for fruit flies of the genus <E T="03">Bactrocera</E> in accordance with paragraph (b) of this section.</P> <P>(f) <E T="03">Trust Fund Agreement.</E> Mangoes that are treated or inspected in the Philippines may be imported into the United States only if the Republic of the Philippines Department of Agriculture (RPDA) has entered into a <PRTPAGE P="334"/>trust fund agreement with APHIS. That agreement requires the RPDA to pay, in advance of each shipping season, all costs that APHIS estimates it will incur in providing inspection services in the Philippines during that shipping season. Those costs include administrative expenses and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by APHIS in performing these services. The agreement requires the RPDA to deposit a certified or cashier's check with APHIS for the amount of those costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires the RPDA to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before any more mangoes will be treated or inspected in the Philippines. After a final audit at the conclusion of each shipping season, any overpayment of funds would be returned to the RPDA or held on account until needed, at the RPDA's option.</P> <P>(g) <E T="03">Department not responsible for damage.</E> The treatment for mangoes prescribed in paragraph (b) of this section is judged from experimental tests to be safe. However, the Department assumes no responsibility for any damage sustained through or in the course of such treatment.</P> <CITA>[66 FR 32213, June 14, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-3</SECTNO> <SUBJECT>Applications for permits for importation of fruits and vegetables.</SUBJECT> <P>(a) Persons contemplating the importation of fruits or vegetables the entry of which is authorized in the regulations in this subpart shall first make application to the Plant Protection and Quarantine Programs for a permit, stating in the application the country or locality of origin of the fruits or vegetables, the port of first arrival, and the name and address of the importer in the United States to whom the permit should be sent.</P> <P>(b) Applications for permits should be made in advance of the proposed shipments; but if, through no fault of the importer, a shipment should arrive before a permit is received, the importation will be held in customs custody at the port of first arrival, at the risk and expense of the importer, for a period not exceeding 20 days pending the receipt of the permit.</P> <P>(c) Application may be made by telegraph, in which case the information required above must be given.</P> <P>(d) A separate permit must be secured for shipments from each country and for each port of first arrival in the United States.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-4</SECTNO> <SUBJECT>Issuance of permits.</SUBJECT> <P>Upon receipt of an application and upon approval by an inspector a permit will be issued specifying the conditions of entry and the port of entry to carry out the purposes of this subpart, and a copy will be supplied to the importer.</P> </SECTION> <SECTION> <SECTNO>§ 319.56-5</SECTNO> <SUBJECT>Notice of arrival by permittee.</SUBJECT> <P>(a) Immediately upon the arrival of fruits or vegetables, from the countries specified in § 319.56, at the port of first arrival, the permittee or his agent shall submit a notice, in duplicate, to the Plant Protection and Quarantine Programs, through the United States Collector of Customs, or, in the case of Guam, through the Customs officer of the Government of Guam, on forms provided for that purpose, stating the number of the permit; the kinds of fruits or vegetables; the quantity or the number of crates or other containers included in the shipment; the country or locality where the fruits or vegetables were grown; the date of arrival; the name of the vessel, the name and the number, if any, of the dock where the fruits or vegetables are to be unloaded, and the name of the importer or broker at the port of first arrival, or, if shipped by rail, the name of the railroad, the car numbers, and the terminal where the fruits or vegetables are to be unloaded.</P> <P>(b) Permits may be revoked and other permits refused if the permittee or his agent fails to submit the notice <PRTPAGE P="335"/>of arrival or gives a false notice or in any other way violates the quarantine.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-6</SECTNO> <SUBJECT>Inspection and other requirements at the port of first arrival.</SUBJECT> <P>(a) <E T="03">Inspection and treatment</E>. All imported fruits or vegetables shall be inspected, and shall be subject to such disinfection at the port of first arrival as may be required by an inspector, and shall be subject to reinspection at other locations at the option of an inspector. If an inspector finds a plant pest or evidence of a plant pest on or in any fruit or vegetable or its container, or finds that the fruit or vegetable may have been associated with other articles infested with plant pests, the owner or agent of the owner of the fruit or vegetable shall clean or treat the fruit or vegetable and its container as required by an inspector, and the fruit or vegetable shall also be subject to reinspection, cleaning, and treatment at the option of an inspector at any time and place before all applicable requirements of this subpart have been accomplished.</P> <P>(b) <E T="03">Assembly for inspection</E>. The owner or agent of the owner shall assemble imported fruits and vegetables for inspection at the port of first arrival, or at any other place prescribed by an inspector, at a place and time and in a manner designated by an inspector.</P> <P>(c) <E T="03">Refusal of entry</E>. If an inspector finds that an imported fruit or vegetable is prohibited or is so infested with a plant pest that, in the judgment of the inspector, it cannot be cleaned or treated, or contains soil or other prohibited contaminants, the entire lot may be refused entry into the United States.</P> <P>(d) <E T="03">Release for movement</E>. No person shall move from the port of first arrival any imported fruit or vegetable unless and until an inspector notifies the person (in person, in writing, by telephone, or through electronic means) that the fruit or vegetable:</P> <P>(1) Has been released; or</P> <P>(2) Requires reinspection, cleaning, or treatment of the fruit or vegetable at that port or at a place other than the port of first arrival, or is prohibited and must be exported from the United States.</P> <P>(e) <E T="03">Notice to owner of actions ordered by inspector</E>. If an inspector orders any disinfection, cleaning, treatment, reexportation, or other action with regard to imported fruits or vegetables, the inspector shall file an emergency action notification (PPQ Form 523) with the owner of the fruits or vegetables or an agent of the owner. The owner must, within the time specified in the PPQ Form 523, destroy the fruits and vegetables, ship them to a point outside the United States, move them to an authorized site, and/or apply treatments or other safeguards to the fruits and vegetables as prescribed by an inspector to prevent the introduction of plant pests into the United States.</P> <P>(f) <E T="03">Costs and charges</E>. The Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture will be responsible only for the costs of providing the services of an inspector during regularly assigned hours of duty and at the usual places of duty.<E T="51">1</E> <FTREF/> The owner of imported fruits or vegetables is responsible for all additional costs of inspection, treatment, movement, storage, or destruction ordered by an inspector under this subpart, including any labor, chemicals, packing materials, or other supplies required. APHIS will not be responsible for any costs or charges, other than those identified in this section.</P> <FTNT> <P> <E T="51">1</E> Provisions relating to costs for other services of an inspector are contained in 7 CFR part 354.</P> </FTNT> <CITA>[60 FR 62320, Dec. 6, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.56-7</SECTNO> <SUBJECT>Inspection of baggage and cargo on the dock.</SUBJECT> <P>Inspectors of the U.S. Department of Agriculture are authorized to cooperate with the customs inspectors in the examination of all baggage or other personal belongings of passengers or members of crews of vessels or other carriers whenever such examination is deemed necessary for the purpose of enforcing the provisions of § 319.56 with respect to the entry of any prohibited or restricted fruits or vegetables or <PRTPAGE P="336"/>plants or portions of plants which may be contained in the baggage or other belongings of such persons.</P> </SECTION> <SECTION> <SECTNO>§ 319.56-8</SECTNO> <SUBJECT>Territorial applicability.</SUBJECT> <P>The regulations in this subpart shall apply with respect to importations into the continental United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United States.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Wheat Diseases</HD> <SECTION> <SECTNO>§ 319.59</SECTNO> <SUBJECT>Prohibitions on importation; disposal of articles refused importation.</SUBJECT> <P>(a) To prevent the introduction into the United States of foreign strains of flag smut and Karnal bunt, the importation of the articles designated in § 319.59-2(a) and (b) may not be imported into the United States except as provided in § 319.59-2(c).</P> <P>(b) Any article refused importation in accordance with the requirements of this subpart shall be promptly removed from the United States or destroyed as deemed necessary by an inspector at the expense of the importer, and pending such action shall be subject to the immediate application of such safeguards against escape of injurious plant diseases (including foreign strains of flag smut) and Karnal bunt, injurious insect pests and other plant pests as an inspector determines necessary to prevent the introduction into the United States of such diseases or pests. If the article is not promptly safeguarded, removed from the United States, or destroyed as deemed necessary by an inspector at the expense of the importer, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714).</P> <CITA>[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735 Oct. 14, 1983; 63 FR 31101, June 8, 1998; 66 FR 21056, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.59-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Service to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Disease.</E> The term, in addition to its common meaning, includes a disease agent which incites a disease.</P> <P> <E T="03">Foreign strains of flag smut.</E> Plant diseases caused by foreign strains of highly infective fungi, <E T="03">Urocystis agropyri</E> (Preuss) Schroet., which attack wheat and substantially reduce its yield, and which are new to or not widely prevalent or distributed within and throughout the United States.</P> <P> <E T="03">From.</E> An article is considered to be “from” any country or locality in which it was grown.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the regulations in this subpart.</P> <P> <E T="03">Karnal bunt.</E> A plant disease caused by the fungus <E T="03">Tilletia indica</E> (Mitra) Mundkur.</P> <P> <E T="03">Person.</E> An individual, corporation, company, society, or association.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Prohibited article.</E> Any class of seed, plant, or other plant product specified as prohibited articles in § 319.59-2(a) or (b).</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Spp. (species).</E> All species, clones, cultivars, strains, varieties, and hybrids, of a genus.</P> <P> <E T="03">United States.</E> The States, District of Columbia, American Samoa, Northern <PRTPAGE P="337"/>Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735, Oct. 14, 1983; 63 FR 50752, Sept. 23, 1998; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.59-2</SECTNO> <SUBJECT>Prohibited articles.</SUBJECT> <P>(a) The articles listed in paragraph (a)(1) of this section from the countries and localities listed in paragraph (a)(2) of this section are prohibited articles because of foreign strains of flag smut and are prohibited from being imported or offered for entry into the United States except as provided in paragraph (c) of this section.</P> <P>(1)(i) Seeds, plants, and straw (other than straw, with or without heads and which have been processed or manufactured for use indoors, such as for decorative purposes or for use as toys), chaff, and products of the milling process (i.e., bran, shorts, thistle sharps, and pollards) other than flour of <E T="03">Triticum</E> spp. (wheat) or of <E T="03">Aegilops</E> spp. (barb goatgrass, goatgrass).</P> <P>(ii) Seeds of <E T="03">melilotus indica</E> (annual yellow sweetclover) and seeds of any other field crops that have been separated from wheat during the screening process.</P> <P>(2) Afghanistan, Algeria, Armenia, Australia, Azerbaijan, Bangladesh, Belarus, Bulgaria, Chile, China, Cyprus, Egypt, Estonia, Falkland Islands, Georgia, Greece, Guatemala, Hungary, India, Iran, Iraq, Israel, Italy, Japan, Kazakstan, Kyrgyzstan, Latvia, Libya, Lithuania, Moldova, Morocco, Nepal, North Korea, Oman, Pakistan, Portugal, Romania, Russia, Spain, Tajikistan, Tanzania, Tunisia, Turkey, Turkmenistan, South Africa, South Korea, Ukraine, Uzbekistan, and Venezuela.</P> <P>(b) The articles listed in paragraph (b)(1) of this section from the countries and locations listed in paragraph (b)(2) of this section are prohibited articles because of Karnal bunt:</P> <P>(1) Seeds, plants, straw (other than straw without heads and which have been processed or manufactured into articles such as decorative wall hangings, clothing or toys), chaff, and products of the milling process (i.e., bran, shorts, thistle sharps, and pollards) other than flour of <E T="03">Triticum</E> spp. (wheat).</P> <P>(2) Afghanistan, India, Iraq, Mexico (except for that portion of the Mexicali Valley described in paragraph (b)(3) of this section) and Pakistan.</P> <P>(3) The following area of the Mexicali Valley in Mexico has been determined to be free from Karnal bunt: Those portions of the municipality of Mexicali, in the State of Baja California, and the municipality of San Luis Rio Colorado, in the State of Sonora, that are included in the Distrito de Desarrollo Rural (Rural Development District) 002 Rio Colorado. Except for wheat (<E T="03">Triticum</E> spp.) plants, which are prohibited importation under § 319.37-2(a) (see Poaceae) of this part, any articles described in paragraph (b)(1) of this section that are from that designated area may be imported into the United States subject to the following conditions:</P> <P>(i) The articles are offered for entry at the port of Calexico, CA; and</P> <P>(ii) The articles offered for entry are made available for examination by an inspector and remain at the port until released, or authorized further movement pending release, by an inspector; and</P> <P>(iii) The articles are accompanied by a phytosanitary certificate issued by the Mexican national plant protection organization that certifies that the articles are from the area of the Mexicali Valley described in this paragraph and remained within that area prior to and during their movement to the United States.</P> <P>(c) Any article listed as a prohibited article in paragraph (a) or (b) of this section may be imported or offered for entry into the United States if:</P> <P>(1) Imported by the U.S. Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Center East, Beltsville, MD 20705 or at any port of entry with an asterisk listed in § 319.37-14(b) of this part.</P> <P>(3) Imported pursuant to a Departmental permit issued for such article and kept on file at the Plant Germplasm Quarantine Center;</P> <P>(4) Imported under conditions specified on the Departmental permit and found by the Deputy Administrator to <PRTPAGE P="338"/>be adequate to prevent the introduction into the United States of tree, plant, or fruit diseases (including foreign strains of flag smut), injurious insects, and other plant pests, i.e., conditions of treatment, processing, growing, shipment, disposal; and</P> <P>(5) Imported with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.</P> <CITA>[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735 Oct. 14, 1983; 49 FR 24877, June 18, 1984; 63 FR 31101, June 8, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Packing Materials</HD> <SUBJGRP> <HD SOURCE="HED">Quarantine</HD> <SECTION> <SECTNO>§ 319.69</SECTNO> <SUBJECT>Notice of quarantine.</SUBJECT> <P>(a) The following plants and plant products, when used as packing materials, are prohibited entry into the United States from the countries and localities named:</P> <P>(1) Rice straw, hulls, and chaff; from all countries.</P> <P>(2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass, napier grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, from all countries except Mexico, and the countries of Central America, the West Indies, and South America.</P> <P>(3) Cotton and cotton products (lint, waste, seed cotton, cottonseed, and cottonseed hulls); from all countries.</P> <P>(4) Sugarcane; all parts of the plant including bagasse, from all countries.</P> <P>(5) Bamboo; leaves and small shoots, from all countries.</P> <P>(6) Leaves of plants; from all countries.</P> <P>(7) Forest litter; from all countries.</P> <P>(8) Soil containing an appreciable admixture of vegetable matter, from all countries, except such types of soil or earth as are authorized as safe for packing by the rules and regulations promulgated supplemental to this quarantine.</P> <FP>Exceptions to the above prohibitions may be authorized in the case of specific materials which have been so prepared, manufactured, or processed that in the judgment of the inspector no pest risk is involved in their entry.</FP> <P>(b) The following plants and plant products when used as packing materials will be permitted entry into the United States from the countries and localities designated below only in accordance with the regulations supplemental to this quarantine:</P> <P>(1) Cereal straw, hulls, and chaff (such as oats, barley, and rye) from all countries, except rice straw, hulls, and chaff, which are prohibited importation from all countries by paragraph (a)(1) of this section, and except wheat straw, hulls, and chaff, which are restricted importation by § 319.59 of this part from any country or locality listed in § 319.59-2 of this part.</P> <P>(2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass, napier grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, from Mexico and the countries of Central America, the West Indies, and South America.</P> <P>(3) Grasses and hay and similar indefinite dried or cured masses of grasses, weeds, and herbaceous plants; from all countries.</P> <P>(4) Soil containing an appreciable admixture of vegetable matter, from all countries, which is authorized as safe for packing by the rules and regulations promulgated supplemental to this quarantine.</P> <P>(c) However, whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions as to pest risk involved in the movement of the articles to which the regulations supplemental hereto apply, make it safe to modify by making less stringent, the restrictions contained in any of such regulations, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent, whereupon such modification shall become effective; or he may, when the public interests will permit, with respect to the importation of such articles into Guam, upon request in specific cases, authorize such importation under conditions, specified in the permit to carry out the purposes of this subpart, that are less stringent <PRTPAGE P="339"/>than those contained in the regulations.</P> <P>(d) This quarantine shall leave in full force and effect all other quarantines and orders.</P> <P>(e) As used in this subpart, unless the context otherwise requires, the term <E T="03">United States</E> means the States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 26 FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.69a</SECTNO> <SUBJECT>Administrative instructions and interpretation relating to the entry into Guam of plant materials specified in § 319.69.</SUBJECT> <P>(a) Plants and products designated in § 319.69(a)(1), (3), (4), and (5) and (b)(1) and (3) as prohibited or restricted entry into the United States from the countries and localities named may be imported into Guam as packing materials without prohibition or restriction under this subpart. Inspection of such importations may be made under the general authority of § 330.105(a) of this chapter. If an importation is found infected, infested, or contaminated with any plant pest and is not subject to disposal under this part, disposition may be made in accordance with § 330.106 of this chapter.</P> <P>(b) Corn and allied plants listed in § 319.69(a)(2) may be imported into Guam subject to the requirements of §§ 319.69-2, 319.69-3, and 319.69-4.</P> <P>(c) Under § 319.69(a) (6) and (7), coconut fronds and other parts of the coconut trees are prohibited entry into Guam as packing materials except as permitted in § 319.37-9.</P> <CITA>[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, 1997]</CITA> </SECTION> </SUBJGRP> <SUBJGRP> <HD SOURCE="HED">Rules and Regulations</HD> <SECTION> <SECTNO>§ 319.69-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) <E T="03">Packing materials.</E> The expression “packing material”, as used in § 319.69, includes any of the plants or plant products enumerated, when these are associated with or accompany any commodity or shipment to serve for filling, wrapping, ties, lining, mats, moisture retention, protection, or for any other purpose; and the word “packing”, as used in the expression “packing materials”, shall include the presence of such materials within, in contact with, or accompanying such commodity or shipment. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Since it is the packing materials themselves which constitute the danger and not the manner of use, it is intended that the definition shall include their presence within or accompanying a shipment regardless of their function or relation to a shipment or the character of the shipment.</P> </FTNT> <P>(b) <E T="03">Soil containing vegetable matter.</E> Soil containing an appreciable admixture of vegetable matter, here brought under quarantine only because its content of decaying vegetation or plant remains carries a definite pest risk, is to be distinguished from soil of purely mineral or earthy composition, which is not covered by this quarantine.</P> <P>(c) <E T="03">Inspector.</E> An inspector of the U.S. Department of Agriculture.</P> </SECTION> <SECTION> <SECTNO>§ 319.69-2</SECTNO> <SUBJECT>Freedom from pests.</SUBJECT> <P>All packing materials allowed entry under restriction shall be free from injurious insects and plant diseases.</P> </SECTION> <SECTION> <SECTNO>§ 319.69-3</SECTNO> <SUBJECT>Entry inspection.</SUBJECT> <P>All packing materials shall be subject to inspection at time of entry.</P> </SECTION> <SECTION> <SECTNO>§ 319.69-4</SECTNO> <SUBJECT>Disposition of materials found in violation.</SUBJECT> <P>If the inspector shall find packing materials associated with or accompanying any commodity or shipment being imported, or to have been imported, in violation of § 319.69 or of the regulations in this subpart or shall find them infested or infected with injurious insects or plant diseases, he may refuse entry to the shipment, or he may seize and destroy or otherwise dispose of such packing material, or he may require it to be replaced, or sterilized, or otherwise treated.</P> </SECTION> <SECTION> <SECTNO>§ 319.69-5</SECTNO> <SUBJECT>Types of soil authorized for packing.</SUBJECT> <P>The following types of soil or earth are authorized as safe for packing: (a) Peat, (b) peat moss, and (c) Osmunda fiber.</P> </SECTION> </SUBJGRP> </SUBPART> <SUBPART> <PRTPAGE P="340"/> <HD SOURCE="HED">Subpart—Coffee</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>63 FR 65650, Nov. 30, 1998, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 319.73-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead.</P> <P> <E T="03">Inspector.</E> Any individual authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">Sample.</E> Unroasted coffee not for commercial resale. Intended use includes, but is not limited to, evaluation, testing, or market analysis.</P> <P> <E T="03">United States.</E> The States, District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <P> <E T="03">Unroasted coffee.</E> The raw or unroasted seeds or beans of coffee.</P> </SECTION> <SECTION> <SECTNO>§ 319.73-2</SECTNO> <SUBJECT>Products prohibited importation.</SUBJECT> <P>(a) To prevent the spread of the coffee berry borer <E T="03">Hypothenemus hampei</E> (Ferrari) and the fungus <E T="03">Hemileia vastatrix</E> (Berkely and Broome), which causes an injurious rust disease, the following articles are prohibited importation into Hawaii and Puerto Rico, except as provided in § 319.73-3 of this subpart:</P> <P>(1) Unroasted coffee;</P> <P>(2) Coffee plants and leaves; and</P> <P>(3) Empty sacks previously used for unroasted coffee.</P> <P>(b) Due to the risk of Mediterranean fruit fly and other injurious insects, seeds of all kinds when in pulp, including coffee berries or fruits, are prohibited importation into all parts of the United States by § 319.37-2(a) of this part, except as provided in § 319.37-2(c).</P> </SECTION> <SECTION> <SECTNO>§ 319.73-3</SECTNO> <SUBJECT>Conditions for transit movement of certain products through Puerto Rico or Hawaii.</SUBJECT> <P>(a) <E T="03">Mail.</E> Samples of unroasted coffee that are transiting Hawaii or Puerto Rico en route to other destinations and that are packaged to prevent the escape of any plant pests may proceed without action by an inspector. Packaging that would prevent the escape of plant pests includes, but is not limited to, sealed cartons, airtight containers, or vacuum packaging. Samples of unroasted coffee received by mail but not packaged in this manner are subject to inspection and safeguard by an inspector. These samples must be returned to origin or forwarded to a destination outside Hawaii or Puerto Rico in a time specified by an inspector and in packaging that will prevent the escape of any plant pests. If this action is not possible, the samples must be destroyed.</P> <P>(b) <E T="03">Cargo.</E> Samples of unroasted coffee that are transiting Hawaii or Puerto Rico as cargo and that remain on the carrier may proceed to a destination outside Hawaii or Puerto Rico without action by an inspector. Samples may be transshipped in Puerto Rico or Hawaii only after an inspector determines that they are packaged to prevent the escape of any plant pests. Samples that are not packaged in this manner must be rewrapped or packaged in a manner prescribed by an inspector to prevent the escape of plant pests before the transshipment will be allowed.</P> <P>(c) Other mail, cargo, and baggage shipments of articles covered by § 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or transshipped in Puerto Rico or Hawaii and are subject to inspection and other applicable requirements of the Plant Safeguard Regulations (part 352 of this chapter).</P> </SECTION> <SECTION> <SECTNO>319.73-4</SECTNO> <SUBJECT>Costs.</SUBJECT> <P>All costs of inspection, packing materials, handling, cleaning, safeguarding, treating, or other disposal of products or articles under this subpart will be borne by the owner, importer, or agent of the owner or importer, including a broker. The services of an inspector during regularly assigned hours of duty and at the usual places of duty will be furnished without cost to the importer.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Cut Flowers</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>64 FR 38110, July 15, 1999, unless otherwise noted.</P> </SOURCE> <SECTION> <PRTPAGE P="341"/> <SECTNO>§ 319.74-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or any employee of the United States Department of Agriculture delegated to act in his or her stead.</P> <P> <E T="03">Cut flower.</E> The highly perishable commodity known in the commercial flower-producing industry as a cut flower, which is the severed portion of a plant, including the inflorescence and any parts of the plant attached to it, in a fresh state. This definition does not include dried, bleached, dyed, or chemically treated decorative plant materials; filler or greenery, such as fern fronds and asparagus plumes, frequently packed with fresh cut flowers; or Christmas greenery, such as holly, mistletoe, and Christmas trees.</P> <P> <E T="03">Inspector.</E> Any individual authorized by the Administrator to enforce this subpart.</P> <P> <E T="03">United States.</E> All of the States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories or possessions of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 319.74-2</SECTNO> <SUBJECT>Conditions governing the entry of cut flowers.</SUBJECT> <P>(a) <E T="03">Inspection.</E> All cut flowers imported into the United States must be made available to an inspector for examination at the port of first arrival and must remain at the port of first arrival until released, or authorized further movement, by an inspector.</P> <P>(b) <E T="03">Actions to prevent the introduction of plant pests; notice by an inspector.</E> If an inspector orders any disinfection, cleaning, treatment, reexportation, or other action with regard to imported cut flowers that are found to be infested with injurious plant pests or infected with diseases, the inspector will provide an emergency action notification (PPQ Form 523) to the importer, owner, or agent or representative of the importer or owner of the cut flowers. The importer, owner, or agent or representative of the importer or owner must, within the time specified in the PPQ Form 523 and at his or her own expense, destroy the cut flowers, ship them to a point outside the United States, move them to an authorized site, and/or apply treatments, clean, or apply other safeguards to the cut flowers as prescribed by the inspector on the PPQ Form 523. Further, if the importer, owner, or agent or representative of the importer or owner fails to follow the conditions on PPQ Form 523 by the time specified on the form, APHIS will arrange for destruction of the cut flowers, and the importer, owner, or agent or representative of the importer or owner will be responsible for all costs incurred. Cut flowers that have been cleaned or treated must be made available for further inspection, cleaning, and treatment at the option of the inspector at any time and place indicated by the inspector before the requirements of this subpart will have been met. Neither the Department of Agriculture nor the inspector may be held responsible for any adverse effects of treatment on imported cut flowers.</P> <P>(c) <E T="03">Fumigation for agromyzids.</E> (1) Cut flowers imported from any country or locality and found upon inspection to be infested with agromyzids (insects of the family Agromyzidae) must be fumigated at the time of importation with methyl bromide in accordance with paragraph (c)(2) of this section, with the following exceptions:</P> <P>(i) Fumigation will not be required for cut flowers imported from Canada (including Labrador and Newfoundland) or Mexico because of the finding of agromyzids.</P> <P>(ii) Fumigation will not be required for cut flowers of <E T="03">Chrysanthemum</E> spp. imported from Colombia or the Dominican Republic because of the finding of agromyzids, when such agromyzids are identified by an inspector to be only agromyzids of the species <E T="03">Liriomyza trifolii</E> (Burgess).</P> <P>(2) <E T="03">Fumigation schedules.</E> Fumigation of cut flowers for agromyzids (insects of the family Agromyzidae) must consist of fumigation with methyl bromide at normal atmospheric pressure in a chamber or under a tarpaulin in accordance with one of the following schedules: </P> <FP SOURCE="FP-2">1<FR>1/2</FR> lbs. per 1,000 cu. ft. for 2 hours at 80-90 °F.</FP> <FP SOURCE="FP1-2">(19 oz. concentration at first <FR>1/2</FR> hour)</FP> <FP SOURCE="FP1-2">(12 oz. concentration at 2 hours); or<PRTPAGE P="342"/> </FP> <FP SOURCE="FP-2">2 lbs. per 1,000 cu. ft. for 2 hours at 70-79 °F.</FP> <FP SOURCE="FP1-2">(24 oz. concentration at first <FR>1/2</FR> hour)</FP> <FP SOURCE="FP1-2">(16 oz. concentration at 2 hours); or</FP> <FP SOURCE="FP-2">2<FR>1/2</FR> lbs. per 1,000 cu. ft. for 2 hours at 60-69 °F.</FP> <FP SOURCE="FP1-2">(30 oz. concentration at first <FR>1/2</FR> hour)</FP> <FP SOURCE="FP1-2">(20 oz. concentration at 2 hours); or</FP> <FP SOURCE="FP-2">3 lbs. per 1,000 cu. ft. for 2 hours at 50-59 °F.</FP> <FP SOURCE="FP1-2">(36 oz. concentration at first <FR>1/2</FR> hour)</FP> <FP SOURCE="FP1-2">(24 oz. concentration at 2 hours); or</FP> <FP SOURCE="FP-2">3<FR>1/2</FR> lbs. per 1,000 cu. ft. for 2 hours at 40-49 °F.</FP> <FP SOURCE="FP1-2">(41 oz. concentration at first <FR>1/2</FR> hour)</FP> <FP SOURCE="FP1-2">(27 oz. concentration at 2 hours)</FP> <NOTE> <HD SOURCE="HED">Note:</HD> <P>There is a possibility that some cut flowers could be damaged by such fumigation.</P> </NOTE> <P>(d) <E T="03">Refusal of entry.</E> If an inspector finds that imported cut flowers are so infested with a plant pest or infected with disease that, in the judgment of the inspector, they cannot be cleaned or treated, or if they contain soil or other prohibited contaminants, the entire lot may be refused entry into the United States.</P> </SECTION> <SECTION> <SECTNO>§ 319.74-3</SECTNO> <SUBJECT>Importations by the Department.</SUBJECT> <P>The U.S. Department of Agriculture may import cut flowers for experimental or scientific purposes under such conditions and restrictions as the Administrator may prescribe to prevent the dissemination of plant pests.</P> </SECTION> <SECTION> <SECTNO>§ 319.74-4</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The Animal and Plant Health Inspection Service, U.S. Department of Agriculture, will be responsible only for the costs of providing the services of an inspector during regularly assigned hours of duty and at the usual places of duty (provisions relating to costs for other services of an inspector are contained in 7 CFR part 354). The importer, owner, or agent or representative of the importer or owner of cut flowers is responsible for all additional costs of inspection, treatment, movement, storage, or destruction ordered by an inspector under this subpart, including the costs of any labor, chemicals, packing materials, or other supplies required.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Khapra Beetle</HD> <SECTION> <SECTNO>§ 319.75</SECTNO> <SUBJECT>Restrictions on importation of restricted articles; disposal of articles refused importation.</SUBJECT> <P>(a) The Secretary has determined that in order to prevent the entry into the United States of khapra beetle (<E T="03">Trogoderma granarium</E> Everts) it is necessary to restrict the importation of certain articles from foreign countries and localities. Accordingly, no person shall import any restricted article unless in conformity with all of the applicable restrictions in this subpart.</P> <P>(b) Any article refused importation for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector determines necessary to prevent the introduction into the United States of plant pests. If the article is not promptly safeguarded, removed from the United States, or abandoned by the importer for destruction, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714).</P> <P>(c) A restricted article may be imported without complying with other restrictions under this subpart if:</P> <P>(1) Imported by the U.S. Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville, MD 20705, or at a port of entry designated by an asterisk in § 319.37-14(b);</P> <P>(3) Imported pursuant to a Departmental permit issued for such article and kept on file at the port of entry;</P> <P>(4) Imported under conditions specified on the Departmental permit and found by the Deputy Administrator to be adequate to prevent the introduction into the United States of plant pests, i.e., conditions of treatment, processing, growing, shipment, disposal; and<PRTPAGE P="343"/> </P> <P>(5) Imported with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.</P> <CITA>[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural, and vice-versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean:</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture for Plant Protection and Quarantine, or any other officer or employee of the Department to whom authority to act in his/her stead has been or many hereafter be delegated.</P> <P> <E T="03">From.</E> An article is considered to be “from” any country or locality in which it originated or any country(ies) or locality(ies) in which it was offloaded prior to arrival in the United States.</P> <P> <E T="03">Import.</E> (importation, imported). To import or move into the United States.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the regulations in this subpart.</P> <P> <E T="03">Nursery stock</E>. All field-grown florist's stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, association or other organized group.</P> <P> <E T="03">Phytosanitary certificate of inspection.</E> A document relating to a restricted article, which is issued by a plant protection official of the country in which the restricted article was grown, which is issued not more than 15 days prior to shipment of the restricted article from the country in which grown, which is addressed to the plant protection service of the United States (Plant Protection and Quarantine), which contains a description of the restricted article intended to be imported into the United States, which certifies that the article has been thoroughly inspected, is believed to be free from injurious plant diseases, injurious insect pests, and other plant pests, and is otherwise believed to be eligible for importation pursuant to the current phytosanitary laws and regulations of the United States.</P> <P> <E T="03">Plant gum.</E> Any of numerous colloidal polysaccharide substances of plant origin that are gelatinous when moist but harden on drying. Plant gums include but are not limited to acacia gum, guar gum, gum arabic, locust gum and tragacanth gum.</P> <P> <E T="03">Plant pest.</E> The egg, pupal, and larval stages as well as any other living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">United States.</E> The States, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto <PRTPAGE P="344"/>Rico, and the Virgin Islands of the United States.</P> <CITA>[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-2</SECTNO> <SUBJECT>Restricted articles.<E T="51">1</E> <FTREF/> </SUBJECT> <FTNT> <P> <E T="51">1</E> The importation of restricted articles may be subject to prohibitions or restrictions under other provisions of 7 CFR part 319. For example, fresh whole chilies (<E T="03">Capsicum</E> spp.) and fresh whole red peppers (<E T="03">Capsicum</E> spp.) from Pakistan are prohibited from being imported into the United States under the provisions of 7 CFR 319.56 <E T="03">et seq.</E> </P> </FTNT> <P>(a) The following articles from the specified localities or countries are restricted articles:</P> <P>(1) Seeds of the plant family Cucurbitaceae <SU>2</SU> <FTREF/> if in shipments greater than two ounces, if not for propagation, and if from a country listed in paragraph (b) of this section;</P> <FTNT> <P> <SU>2</SU> Seeds of the plant family Cucurbitaceae include but are not limited to: Benincasa hispida (wax gourd), Citrullus Lanatus (watermelon) Cucumis melon (muskmelon, cantaloup, honeydew), Cumumis sativius (cucumber), Cucurbita pepo (pumpkin, squashes, vegetable marrow), Lagenaria siceraria (calabash, gourd), Luffa cylindrica (dishcloth gourd), Mormoridica charantia (bitter melon), and Sechium edule (chayote).</P> </FTNT> <P>(2) Brassware and wooden screens from Bombay, India;</P> <P>(3) Goatskins, lambskins, and sheepskins (excluding goatskins, lambskins, and sheepskins which are fully tanned, blue-chromed, pickled in mineral acid, or salted and moist) from Sudan or India;</P> <P>(4) Plant gums shipped as bulk cargo (in an unpackaged state) if from a country listed in paragraph (b) of this section;</P> <P>(5) Used jute or burlap bagging not containing cargo if from a country listed in paragraph (b) of this section; <SU>3</SU> <FTREF/> </P> <FTNT> <P> <SU>3</SU> Such bagging may be subject to additional restrictions under the provisions in 7 CFR 319.8 <E T="03">et seq.</E> </P> </FTNT> <P>(6) Used jute or burlap bagging from a country listed in paragraph (b) of this section that contains cargo, and the cargo in such bagging; <SU>3</SU> </P> <P>(7) Used jute or burlap bagging from a country listed in paragraph (b) of this section that is used as a packing material (such as filler, wrapping, ties, lining, matting, moisture retention material, or protection material), and the cargo for which the used jute or burlap bagging is used as a packing material; <SU>3</SU> and</P> <P>(8) Whole chilies (<E T="03">Capsicum</E> spp.), whole red peppers (<E T="03">Capsimcum</E> spp.), and cumin seeds (<E T="03">Cuminum cyminum</E>) in new jute or burlap bags from Pakistan.</P> <P>(b) Afghanistan, Algeria, Bangladesh, Burma, Cyprus, Egypt, India, Iran, Iraq, Israel, Libya, Mali, Mauritania, Morocco, Niger, Nigeria, Pakistan, Saudi Arabia, Senegal, Sri Lanka, Sudan, Syria, Tunisia, Turkey, and Upper Volta.</P> <CITA>[50 FR 8706, Mar. 5, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <P>(a) A restricted article may be imported only after issuance of a written permit by Plant Protection and Quarantine.</P> <P>(b) An application for a written permit should be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236, at least 60 days prior to arrival of the article at the port of entry. The completed application shall include the following information: <SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU> Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236, or local offices which are listed in telephone directories.</P> </FTNT> <P>(1) Name, address, and telephone number of the importer;</P> <P>(2) Approximate quantity and kinds of articles intended to be imported;</P> <P>(3) Country or locality of origin;</P> <P>(4) Country(ies) or locality(ies) where it is intended to be off-loaded prior to arrival in the United States;</P> <P>(5) Intended U.S. port of entry;</P> <P>(6) Means of transportation; and</P> <P>(7) Expected date of arrival.</P> <P>(c) A permit indicating the applicable conditions for importation under this subpart will be issued by Plant Protection and Quarantine Programs if, after review of the application, the articles are deemed eligible to be imported into the United States under the conditions <PRTPAGE P="345"/>specified in the permit. However, even if such a permit is issued, the regulated article may be imported only if all applicable requirements of this subpart are met and only if an inspector at the port of entry determines that no remedial measures pursuant to section 414 of the Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the regulated article.<SU>5</SU> <FTREF/> </P> <FTNT> <P> <SU>5</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(d) Any permit which has been issued may be withdrawn by an inspector or the Deputy Administrator if he/she determines that the holder thereof has not complied with any condition for the use of the document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985; 59 FR 67610, Dec. 30, 1994; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-4</SECTNO> <SUBJECT>Treatments. <SU>6</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>6</SU> There is a possibility that some articles, especially live plants, could be damaged by fumigation.</P> </FTNT> <P>A restricted article prior to movement into the United States from the port of entry shall be treated under the supervision of an inspector for possible infestation with khapra beetle as set forth below:</P> <P>(a) Brassware; wooden screens; goatskins; lambskins; sheepskins; plant gums; seeds of the plant family cucurbitaceae; jute or burlap bagging that contains cargo, and the cargo in such bagging (except for articles specified in paragraphs (b) and (c) of this section); and jute or burlap bagging that is used as a packing material, and the cargo for which the jute or burlap bagging is used as a packing material (except for articles specified in paragraphs (b) and (c) of this section).</P> <P>(1) Fumigation with methyl bromide under a tarpaulin at normal atmospheric pressure in accordance with one of the following schedules:</P> <P>(i) <E T="03">40 g/m<SU>3</SU> (2<FR>1/2</FR>a lb/1000 ft<SU>3</SU>) for 12 hrs. at 32 °C (90 °F) or above.</E> </P> <EXTRACT> <FP SOURCE="FP-1">(20 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(15 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(ii) <E T="03">56 g/m<SU>3</SU> (3<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 26.5°-31.5 °C (80°-89 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(30 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(20 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(iii) <E T="03">72 g/m<SU>3</SU> (4<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 21°-26 °C (70°-79 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(40 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(25 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(iv) <E T="03">96 g/m<SU>3</SU> (6 lb/1000 ft<SU>3</SU>) for 12 hrs. at 15.5°-20.5 °C (60°-69 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(50 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(30 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(v) <E T="03">120 g/m<SU>3</SU> (7<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 10°-15 °C (50°-59 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(60 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(35 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(vi) <E T="03">144 g/m<SU>3</SU> (9 lb/1000 ft<SU>3</SU>) for 12 hrs. at 4.5°-9.5 °C (40°-49 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(70 g (oz) minimum gas concentration at 2-4 hrs.).</FP> <FP SOURCE="FP-1">(40 g (oz) minimum gas concentration at 12 hrs.).</FP> </EXTRACT> <P>(2) Fumigation with methyl bromide in a chamber at normal atmospheric <PRTPAGE P="346"/>pressure at one of the following schedules:</P> <P>(i) <E T="03">40 g/m<SU>3</SU> (2<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 32 °C (90 °F) or above.</E> </P> <P>(ii) <E T="03">56 g/m<SU>3</SU> (3<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 26.5°-31.5 °C (80°-89 °F).</E> </P> <P>(iii) <E T="03">72 g/m<SU>3</SU> (4<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 12 hrs. at 21°-26 °C (70°-79 °F).</E> </P> <P>(iv) <E T="03">96 g/m<SU>3</SU> (6 lb/1000 ft<SU>3</SU>) for 12 hrs. at 15.5°-20.5 °C (60°-69 °F).</E> </P> <P>(v) <E T="03">160 g/m<SU>3</SU> (10 lb/1000 ft<SU>3</SU>) for 12 hrs. at 10°-15 °C (50°-59 °F).</E> </P> <P>(vi) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 12 hrs. at 4.5°-9.5 °C (40°-49 °F).</E> </P> <P>(3) Fumigation with methyl bromide in a chamber at 660mm (26 inch) vacuum at one of the following schedules:</P> <P>(i) <E T="03">128 g/m<SU>3</SU> (2<FR>1/2</FR> lb/1000 ft<SU>3</SU>) for 3 hrs. at 15.5 °C (60 °F) or above.</E> </P> <P>(ii) <E T="03">144 g/m<SU>3</SU> (9 lb/1000 ft<SU>3</SU>) for 3 hrs. at 4.5°-15 °C (40°-59 °F).</E> </P> <P>(iii) <E T="03">160 g/m<SU>3</SU> (10 lb/1000 ft<SU>3</SU>) for 3 hrs. at −1°-4 °C (30°-39 °F).</E> </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Maximum volume of commodity being treated under subsection (3) shall not exceed 75% of total volume of chamber.</P> </NOTE> <P>(b) Burlap bagging and jute bagging not containing cargo; and flour or finely ground oily meals, and the jute or burlap bagging used as a container or packing material for such flour or meals.</P> <P>(1) Fumigation with methyl bromide under a tarpaulin at normal atmospheric pressure at one of the following schedules:</P> <P>(i) <E T="03">64 g/m<SU>3</SU> (4 lb/1000 ft<SU>3</SU>) for 24 hrs. at 32 °C (90 °F) or above.</E> </P> <EXTRACT> <FP SOURCE="FP-1">(10 g (oz) gas concentration in commodity at 4-24 hrs.).</FP> <FP SOURCE="FP-1">(35 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(25 g (oz) gas concentration in space at 12-24 hrs.).</FP> </EXTRACT> <P>(ii) <E T="03">96 g/m<SU>3</SU> (6 lb/1000 ft<SU>3</SU>) for 24 hrs. at 26.5°-31.5 °C (80°-89 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(15 g (oz) gas concentration in commodity at 4-24 hrs.).</FP> <FP SOURCE="FP-1">(50 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(30 g (oz) gas concentration in space at 12-24 hrs.).</FP> </EXTRACT> <P>(iii) <E T="03">128 g/m<SU>3</SU> (8 lbs/1000 ft<SU>3</SU>) for 24 hrs. at 21°-26 °C (70°-79 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(20 g (oz) gas concentration in commodity at 4-24 hrs.).</FP> <FP SOURCE="FP-1">(65 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(35 g (oz) gas concentration in space at 12-24 hrs.).</FP> </EXTRACT> <P>(iv) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 24 hrs. at 15.5°-20.5 °C (60°-69 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(30 g (oz) gas concentration in commodity at 4-24 hrs.).</FP> <FP SOURCE="FP-1">(95 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(50 g (oz) gas concentration in space at 12-24 hrs.).</FP> </EXTRACT> <P>(v) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 28 hrs. at 10°-15 °C (50°-59 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(30 g (oz) gas concentration in commodity at 4-28 hrs.).</FP> <FP SOURCE="FP-1">(95 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(50 g (oz) gas concentration in space at 12-28 hrs.).</FP> </EXTRACT> <P>(vi) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 32 hrs. at 4.5°-9.5 °C (40°-49 °F).</E> </P> <EXTRACT> <FP SOURCE="FP-1">(30 g (oz) gas concentration in commodity at 4-32 hrs.).</FP> <FP SOURCE="FP-1">(95 g (oz) gas concentration in space at 4-12 hrs.).</FP> <FP SOURCE="FP-1">(50 g (oz) gas concentration in space at 12-32 hrs.).</FP> </EXTRACT> <P>(2) Fumigation with methyl bromide in a chamber at normal atmospheric pressure at one of the following schedules:</P> <P>(i) <E T="03">64 g/m<SU>3</SU> (4 lb/1000 ft<SU>3</SU>) for 24 hrs. at 32 °C (90 °F) or above.</E> </P> <P>(ii) <E T="03">96 g/m<SU>3</SU> (6 lb/1000 ft<SU>3</SU>) for 24 hrs. at 26.5°-31.5 °C (80°-89 °F).</E> </P> <P>(iii) <E T="03">128 g/m<SU>3</SU> (8 lbs/1000 ft<SU>3</SU>) for 24 hrs. at 21°-26 °C (70°-79 °F).</E> </P> <P>(iv) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 24 hrs. at 15.5°-20.5 °C (60°-69 °F).</E> </P> <P>(v) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 28 hrs. at 10°-15 °C (50°-59 °F).</E> </P> <P>(vi) <E T="03">192 g/m<SU>3</SU> (12 lb/1000 ft<SU>3</SU>) for 32 hrs. at 4.5°-9.5 °C (40°-49 °F).</E> </P> <P>(3) Fumigation with methyl bromide in a chamber at 660 mm (26 inch) vacuum at one of the following schedules:</P> <P>(i) <E T="03">128 g/m<SU>3</SU> (8 lb/1000 ft<SU>3</SU>) for 3 hrs. at 15.5 °C (60 °F) or above.</E> </P> <P>(ii) <E T="03">144 g/m<SU>3</SU> (9 lb/1000 ft<SU>3</SU>) for 3 hrs. at 4.5-15 °C (40°-59 °F).</E> </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Maximum volume of commodity being treated under subsection (3) shall not exceed 75% of the total volume of chamber.</P> </NOTE> <P>(c) Baled cotton lint, cotton linters, cotton waste, and cotton piece goods; and the jute or burlap bagging used as a container or packing material for such baled cotton lint, cotton linters, cotton waste, or cotton piece goods.<PRTPAGE P="347"/> </P> <P>(1) Fumigation with methyl bromide under a tarpaulin or in a chamber at normal atmospheric pressure at one of the following schedules: </P> <P>(i) 128 g/m<E T="51">3</E> (8 lb/1000 ft<E T="51">3</E>) for 24 hours at 15.5 °C 60 °F or above </P> <FP SOURCE="FP-1">(25 g (oz.) concentration in commodity 4-24 hrs.)</FP> <FP SOURCE="FP-1">(65 g (oz.) concentration in space 4-12 hrs.)</FP> <FP SOURCE="FP-1">(35 g (oz.) concentration in space 12-24 hrs.)</FP> <P>(ii) 176 g/m<E T="51">3</E> (11 lb/1000 ft<E T="51">3</E>) for 24 hrs. at 4.5°-15 °C (40°-59 °F)</P> <FP SOURCE="FP-1">(30 g (oz.) concentration in commodity 4-24 hrs.)</FP> <FP SOURCE="FP-1">(95 g (oz.) concentration in space 4-24 hrs.)</FP> <FP SOURCE="FP-1">(50 g (oz.) concentration in space 12-24 hrs.)</FP> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Maximum volume of commodity being treated under subsection (1) shall not exceed 50% of the total volume of chamber. Concentration readings may be omitted for chamber fumigations.</P> </NOTE> <P>(2) Fumigation with methyl bromide in a chamber at 660mm (26 inch) vacum at one of the following schedules: </P> <P>(i) 128 g/m<E T="51">3</E> (8 lb/1000 ft<E T="51">3</E>) for 3 hrs. at 15.5 °C (60 °F) or above.</P> <P>(ii) 144 g/m<E T="51">3</E> (9 lb/1000 ft<E T="51">3</E>) for 3 hrs. at 4.5°-15 °C (40°-59 °F). </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Maximum volume of commodity being treated under subsection (2) shall not exceed 75% of the total volume of chamber.</P> </NOTE> <CITA>[46 FR 38334, July 27, 1981, as amended at 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-5</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <P>(a) Any restricted article at the time of importation shall plainly and correctly bear on the outer container (if in a container) or on the restricted article (if not in a container) the following information:</P> <P>(1) General nature and quantity of the contents,</P> <P>(2) Country or locality of origin,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article,</P> <P>(4) Name and address of consignee,</P> <P>(5) Identifying shipper's mark and number, and</P> <P>(b) Any restricted article shall be accompanied at the time of importation by an invoice or packing list indicating the contents of the shipment.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <P>Promptly upon arrival of any restricted article at a port of entry, the importer shall notify Plant Protection and Quarantine of the arrival by such means as a manifest, Customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer.<SU>3</SU> <FTREF/> The importer shall be responsible for arrangements for treatments required under § 319.75-4. Any treatment required under § 319.75-4 for a restricted article shall be performed at the port of entry by a nongovernmental fumigator at the importer's expense, and shall be performed under the supervision of an inspector. Plant Protection and Quarantine will not be responsible for any costs or charges, other than those indicated in this section.</P> <FTNT> <P> <SU>3</SU> Provisions relating to costs for other services of an inspector are contained in 7 CFR part 354.</P> </FTNT> <CITA>[46 FR 38334, July 27, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>Any restricted article shall be imported only at a port of entry listed in § 319.37-14 of this part and found by the Deputy Administrator and specified on the permit issued pursuant to § 319.75-3 to have a nongovernmental fumigator available at the port to treat such restricted article pursuant to § 319.75-4. It is the responsibility of the importer to <PRTPAGE P="348"/>arrange with the nongovernmental fumigator for treatment of the article.</P> <CITA>[46 FR 38334, July 27, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.75-9</SECTNO> <SUBJECT>Inspection and phytosanitary certificate of inspection.</SUBJECT> <P>(a) Any nursery stock, plant, fruit, vegetable, root, bulb, or other plant product designated as a restricted article and grown in a country maintaining an official system of inspection for the purpose of determining whether such article is free from injurious plant diseases, injurious insect pests, and other plant pests shall be accompanied by a phytosanitary certificate of inspection from the plant protection service of such country at the time of importation or offer for importation into the United States. Such certificate may cover more than one article and more than one container kept together during shipment and offer for importation.</P> <P>(b) Any nursery stock, plant, fruit, vegetable, root, bulb, seed, or other plant product designated as a restricted article which is accompanied by a valid phytosanitary certificate of inspection is subject to inspection by an inspector at the time of importation into the United States for the purpose of determining whether such article is free of injurious plant diseases, injurious insect pests, and other plant pests, and whether such article is otherwise eligible to be imported into the United States.</P> <P>(c) Any nursery stock, plant, fruit, vegetable, root, bulb, seed, or other plant product designated as a restricted article and grown in a country not maintaining an official system of inspection for the purpose of determining whether such article is free from injurious plant diseases, or injurious insect pests, and other plant pests shall be inspected by an inspector at the time of importation into the United States for the purpose of determining whether such article is free of such diseases and pests and whether such article is otherwise eligible to be imported into the United States.</P> <CITA>[50 FR 8707, Mar. 5, 1985]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Exotic Bee Diseases and Parasites</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>50 FR 24172, June 10, 1985, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 319.76</SECTNO> <SUBJECT>Restrictions on importation of restricted articles; disposal of articles refused importation.</SUBJECT> <P>(a) No person may import any restricted article unless in conformity with all of the restrictions in this subpart.</P> <P>(b) Any article refused importation for noncompliance with the requirements of this subpart shall be promptly removed from the United States or abandoned by the importer, and pending such action shall be subject to the immediate application of such safeguards against escape of plant pests as the inspector determines necessary to prevent the introduction into the United States of plant pests. If the article is not promptly safeguarded, removed from the United States, or abandoned for destruction by the importer, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714).</P> <P>(c) A restricted article may be imported without complying with other provisions under this subpart if:</P> <P>(1) Imported by the U.S. Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville MD 20705, or at a port of entry designated by an asterisk in § 319.37-14(b);</P> <P>(3) Imported pursuant to a departmental permit issued for such article and kept on file at the port of entry;</P> <P>(4) Imported under conditions specified on the departmental permit and found by the Deputy Administrator to be adequate to prevent the introduction into the United States of plant pests, i.e., conditions of treatment, processing, shipment, disposal; and</P> <P>(5) Imported with a departmental tag or label securely attached to the outside of the container or securely attached to the article itself if not in a container, and with such tag or label <PRTPAGE P="349"/>bearing the name of the person to whom the permit is issued.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> <CITA>[50 FR 24172, June 10, 1985, as amended at 59 FR 67133, Dec. 29, 1994; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.76-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed respectively, to mean:</P> <P> <E T="03">Bee</E>. Any member of the superfamily Apoidea.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspector Service for Plant Protection and Quarantine, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated.</P> <P> <E T="03">Exotic bee diseases.</E> Bee diseases of foreign origin, including but not limited to <E T="03">Aspergillus</E> spp., <E T="03">Bacillus</E> spp., <E T="03">Entomophthora</E> spp., <E T="03">Beauveria</E> spp., <E T="03">Cordyceps</E> spp., and <E T="03">Saccharomyces</E> spp.</P> <P> <E T="03">Exotic bee parasites</E>. Bee parasites of foreign origin, including but not limited to <E T="03">Coelioxys</E> spp. and <E T="03">Chrysis</E> spp., <E T="03">Varroa jacobsoni, Euvarroa sinhai, Tropilaelaps clareae,</E> and <E T="03">Acarapis woodi</E>.</P> <P> <E T="03">Import (importation, imported)</E>. To import or move into the United States.</P> <P> <E T="03">Inspector</E>. Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Deputy Administrator in accordance with law to enforce the provisions of this subpart.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, association, or any other organized group.</P> <P> <E T="03">Plant pest.</E> The egg, pupal, and larval stages as well as any other living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, or other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his or her stead has been or may hereafter be delegated.</P> <P> <E T="03">United States.</E> The States, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[50 FR 24172, June 10, 1985, as amended at 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.76-2</SECTNO> <SUBJECT>Restricted articles.</SUBJECT> <P>The following articles from any country or locality other than Canada are restricted articles:</P> <P>(a) Live bees, other than honeybees of the genus <E T="03">Apis,</E> in any life stage;<E T="51">1</E> <FTREF/> </P> <FTNT> <P> <E T="51">1</E> Regulations regarding the importation of live honeybees of the genus <E T="03">Apis</E> are set forth in 7 CFR part 322.</P> </FTNT> <P>(b) Dead bees of any genus;</P> <P>(c) Used bee boards, hives, nests, and nesting material;</P> <P>(d) Used beekeeping equipment, e.g. smokers, hive tools, gloves or other clothing, and shipping containers;</P> <P>(e) Beeswax, unless it has been liquefied;</P> <P>(f) Pollen for bee feed; and</P> <P>(g) Honey for bee feed.</P> <CITA>[50 FR 24172, June 10, 1985, as amended at 60 FR 6000, Feb. 1, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.76-3</SECTNO> <SUBJECT>Permits.</SUBJECT> <P>(a) A restricted article may be imported only after issuance of a written permit by Plant Protection and Quarantine.</P> <P>(b) An application for a written permit must be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biological Assessments and Taxonomic <PRTPAGE P="350"/>Support, 4700 River Road Unit 133, Riverdale, Maryland 20737-1236, and should be submitted at least 30 days prior to arrival of the article at the U.S. port of entry. The completed application does not have to be on any particular form but must indicate that it is an application for a written permit, and include the following information:</P> <P>(1) Name, address, and telephone number of the importer;</P> <P>(2) Approximate quantity and kinds of articles intended to be imported;</P> <P>(3) Country or locality of origin;</P> <P>(4) Intended United States port of entry;</P> <P>(5) Means of transportation; and</P> <P>(6) Expected date of arrival.</P> <P>(c) A permit indicating the applicable conditions for importation under this subpart will be issued by Plant Protection and Quarantine Programs if, after review of the application, the articles are deemed eligible to be imported into the United States under the conditions specified in the permit. However, even if such a permit is issued, the regulated article may be imported only if all applicable requirements of this subpart are met and only if an inspector at the port of entry determines that no remedial measures pursuant to section 414 of the Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the regulated article.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU> An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).</P> </FTNT> <P>(d) Any permit which has been issued may be withdrawn by an inspector or the Deputy Administrator if he or she determines that the permit holder has not complied with any condition for the use of the permit. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within 20 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> <CITA>[50 FR 24172, June 10, 1985, as amended at 59 FR 67610, Dec. 30, 1994; 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.76-4</SECTNO> <SUBJECT>Inspections and treatments.</SUBJECT> <P>(a) Live bees, other than honeybees of the genus <E T="03">Apis,</E> in any life stage shall be microscopically inspected by an inspector for exotic bee diseases and parasites, and any bee disease or parasite found will be physically removed by an inspector or destroyed by an inspector by treatment with a pesticide registered by the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135 <E T="03">et seq.</E>), for use on bees and used in accordance with directions on the label in connection with the registration under the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. The inspection may include dissection of a statistically designed representative sample of the bees, if deemed necessary by the inspector for determinations concerning the absence or presence of bee diseases or parasites. If the inspector determines that a disease or parasite cannot be removed or otherwise destroyed, the bees shall be killed by immersion in a solution containing at least 70% alcohol.</P> <P>(b) Any dead bees for research at the time of importation must be in a solution containing at least 70% alcohol, or must be in a dry, sealed container. If in a dry, sealed container, the dead bees shall be kept in the container under the control of an inspector at the port of entry for 7 days.</P> <P>(c) Any restricted article not covered by paragraph (a) or (b) of this section, prior to movement into the United States from the port of entry, shall be treated under the supervision of an inspector as follows:</P> <P>(1) Dead bees; used bee boards, hives, nests, or nesting material; used beekeeping equipment; and pollen for bee feed shall be treated in an airtight chamber with 450 mg of ethylene oxide <PRTPAGE P="351"/>per liter of chamber space at a temperature of at least 100 °F (37.78 °C) for 8 hours.</P> <P>(2) Beeswax that has not been liquefied shall be melted.</P> <P>(3) Honey for bee feed shall be heated to 212 °F (100 °C) for 30 minutes.</P> </SECTION> <SECTION> <SECTNO>§ 319.76-5</SECTNO> <SUBJECT>Marking and shipping.</SUBJECT> <P>(a) Any restricted article for importation by means other than mail shall at the time of importation bear on the outer container (if in a container) or on the article (if not in a container) the following information:</P> <P>(1) General nature and quantity of the contents,</P> <P>(2) Country or locality of origin,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article,</P> <P>(4) Name and address of consignee, and</P> <P>(5) Identifying shipper's mark and number.</P> <P>(b) Any restriction article for importation by mail must be addressed and mailed to Plant Protection and Quarantine at a port of entry designated by an asterisk in § 319.37-14(b) of this part; must be accompanied by a separate sheet of paper within the package bearing the name, address, and telephone number of the intended recipient; and must bear on the outer container the following information:</P> <P>(1) General nature and quantity of the contents,</P> <P>(2) Country or locality of origin, and</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article.</P> <P>(c) Any restricted article must be accompanied at the time of importation by an invoice or packing list indicating the contents of the shipment.</P> <P>(d) Live bees in any life stage, other than honeybees of the genus <E T="03">Apis,</E> may be imported only in loose cells within noncrushable (hard plastic, wood, or metal), insect-proof containers.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> </SECTION> <SECTION> <SECTNO>§ 319.76-6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <P>Promptly upon arrival of any restricted article at a port of entry, except for mail shipments, the importer must notify Plant Protection and Quarantine of the arrival by such means as a manifest, customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> </SECTION> <SECTION> <SECTNO>§ 319.76-7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer. <SU>3</SU> <FTREF/> The importer shall be responsible for arrangements for treatments required under § 319.76-4. Any treatment required under § 319.76-4 for a restricted article, other than for treatments of live bees in any life stage or for holding dead bees in dry, sealed containers, shall be performed at the port of entry by a nonfederal establishment at the importer's expense, and shall be performed under the direction of an inspector. Plant Protection and Quarantine will not be responsible for any costs or charges, other than those indicated in this section.</P> <FTNT> <P> <SU>3</SU> Provisions relating to costs for other services of an inspector are contained in 7 CFR part 354.</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 319.76-8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>(a) Any restricted article, other than bees in any life stage, imported by means other than mail may be imported only at a port of entry listed in § 319.37-14(b) of this part.</P> <P>(b) Any restricted article, other than bees in any life stage, imported by mail may be imported only at a port of entry designated by an asterisk in § 319.37-14(b) of this part.</P> <P>(c) Live bees in any life stage, other than honeybees of the genus <E T="03">Apis,</E> may be imported at the Bee Biology and Systematics Laboratory, USDA, ARS, 261 NRB-UMC 53, Utah State University, Logan, Utah 84322; or at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville, MD 20705.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="352"/> <HD SOURCE="HED">Subpart—Gypsy Moth Host Material from Canada</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>64 FR 45866, Aug. 23, 1999, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 319.77-1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.</P> <P> <E T="03">Canadian infested area.</E> Any area of Canada listed as a gypsy moth infested area in § 319.77-3 of this subpart.</P> <P> <E T="03">Canadian noninfested area.</E> Any area of Canada that is not listed as a gypsy moth infested area in § 319.77-3 of this subpart.</P> <P> <E T="03">Certification of origin.</E> A signed, accurate statement certifying the area in which a regulated article was produced or grown. The statement may be provided directly on the shipping documents accompanying shipments of commercial wood products from Canada, or may be provided on a separate certificate.</P> <P> <E T="03">Gypsy moth.</E> The insect known as the gypsy moth, Lymantria dispar (Linnaeus), in any stage of development.</P> <P> <E T="03">Import (imported, importation).</E> To bring or move into the territorial limits of the United States.</P> <P> <E T="03">Mobile home.</E> Any vehicle, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business.</P> <P> <E T="03">Outdoor household articles.</E> Articles associated with a household that are generally kept or used outside the home. Examples of outdoor household articles are awnings, barbeque grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor furniture and toys, recreational vehicles and their associated equipment, and tents.</P> <P> <E T="03">Phytosanitary certificate.</E> A document issued by an official authorized by the national government of Canada that contains a description of the regulated article intended for importation into the United States and that certifies that the article has been thoroughly inspected or treated, is believed to be free from plant pests, and is otherwise believed to be eligible for importation pursuant to the current phytosanitary laws and regulations of the United States. A phytosanitary certificate must be addressed to the Animal and Plant Health Inspection Service and may be issued no more than 14 days prior to the shipment of the regulated article.</P> <P> <E T="03">Recreational vehicles.</E> Vehicles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as temporary places of dwelling.</P> <P> <E T="03">United States.</E> All of the States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.</P> <P> <E T="03">U.S. infested area.</E> Any area of the United States listed as a gypsy moth generally infested area in § 301.45-3 of this chapter.</P> <P> <E T="03">U.S. noninfested area.</E> Any area of the United States that is not listed as a gypsy moth generally infested area in § 301.45-3 of this chapter.</P> <CITA>[64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38175, June 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.77-2</SECTNO> <SUBJECT>Regulated articles.</SUBJECT> <P>In order to prevent the spread of gypsy moth from Canada into noninfested areas of the United States, the gypsy moth host materials listed in paragraphs (a) through (g) of this section are designated as regulated articles. Regulated articles may be imported into the United States from Canada only under the conditions described in § 319.77-4 of this subpart.</P> <P>(a) Trees without roots (e.g., Christmas trees), unless they were greenhouse-grown throughout the year;</P> <P>(b) Trees with roots, unless they were greenhouse-grown throughout the year;</P> <P>(c) Shrubs with roots and persistent woody stems, unless they were greenhouse-grown throughout the year;</P> <P>(d) Logs with bark attached;</P> <P>(e) Pulpwood with bark attached;</P> <P>(f) Outdoor household articles; and</P> <P>(g) Mobile homes and their associated equipment.</P> </SECTION> <SECTION> <SECTNO>§ 319.77-3</SECTNO> <SUBJECT>Gypsy moth infested areas in Canada.</SUBJECT> <P>The following areas in Canada are known to be infested with gypsy moth:<PRTPAGE P="353"/> </P> <P>(a) <E T="03">Province of British Columbia</E>. (1) That portion of the Highlands Land District within 1 kilometer of the intersection of Willis Point Road and Mark Lane; and</P> <P>(2) That portion of the Highlands Land District within 1 kilometer of the intersection of Burkin Drive and Munns Road; and</P> <P>(3) That portion of Quamichaan Land District within 1 kilometer of the intersection of Sherman Road and Grieve Road; and</P> <P>(4) That portion of Lake Land District within 1 kilometer of the intersection of West Burnside Road and Helmeken Road.</P> <P>(b) <E T="03">Province of New Brunswick</E>. (1) <E T="03">Charlotte County</E>. That portion of Charlotte County that includes the following parishes: Campobello Island, Dumbarton, Dufferin, Grand Manan Island, St. Andrews, St. Croix, St. David, St. George, St. James, St. Patrick, and St. Stephen.</P> <P>(2) <E T="03">Kings County</E>. That portion of Kings County that includes the following parishes: Greenwich, Kars, and Springfield.</P> <P>(3) <E T="03">Queens County</E>. (i) That portion of Queens County that includes the following parishes: Canning, Cambridge, Gagetown, Johnston, and Wickham; and</P> <P>(ii) That portion of Chipman Parish south or west of highway 10; and</P> <P>(iii) That portion of Waterborough Parish west of highway 10 and south of highway 2.</P> <P>(4) <E T="03">Sunbury County</E>. That portion of Sunbury County that includes the following parishes: Blissville, Burton, Gladstone, Lincoln, and Sheffield.</P> <P>(5) <E T="03">York County</E>. (i) That portion of York County that includes the City of Fredericton and the following parishes: North Lake and McAdam; and</P> <P>(ii) That portion of Queensbury parish south and east of the Scotch Lake Road beginning in the west at Bear Island on the St. John River and ending at the Parish border on the east.</P> <P>(c) <E T="03">Province of Nova Scotia</E>. (1) <E T="03">Annapolis County</E>. The entire county.</P> <P>(2) <E T="03">Digby County</E>. The entire county.</P> <P>(3) <E T="03">Halifax County</E>. The area of the county bounded by a line beginning at the intersection of the Halifax/Lunenburg County border and the Atlantic Ocean; then north along the Halifax/Lunenburg County border to the Halifax/Hants County border; then east along the Halifax/Hants County border to route 354; then south along route 354 to route 568 (Beaverbank-Windsor Junction Road); then east along route 568 (Beaverbank-Windsor Junction Road) to route 416 (Fall River Road); then east and north along route 416 (Fall River Road) to route 2; then south along route 2 to route 102/118; then south along route 118 to route 107; then south along route 107 to route 7; then east along route 7 to route 328; then south along route 328 to the shoreline of Cole Harbour; then west along the seashore from Cole Harbour to the point of beginning.</P> <P>(4) <E T="03">Hants County</E>. The area of the county bounded by a line beginning at the intersection of the Hants/Kings County border and the shoreline of the Minas Basin; then southwest along the Hants/Kings County border to the Hants/Lunenburg County border; then southeast along the Hants/Lunenburg County border to the Hants/Halifax County border; then east along the Hants/Halifax County border to route 354; then north along route 354 to the Minas Basin; then west along the shoreline of the Minas Basin to the point of beginning.</P> <P>(5) <E T="03">Kings County</E>. The entire county.</P> <P>(6) <E T="03">Lunenberg County</E>. The entire county.</P> <P>(7) <E T="03">Queens County</E>. The entire county.</P> <P>(8) <E T="03">Shelburne County</E>. The entire county.</P> <P>(9) <E T="03">Yarmouth County</E>. The entire county.</P> <P>(d) <E T="03">Province of Ontario</E>. (1) That portion of the Province of Ontario that includes the following counties and regional municipalities: Brant, Bruce, Dufferin, Durham, Elgin, Essex, Frontenac, Grey, Haldimand-Norfolk, Haliburton, Halton, Hamilton-Wentworth, Hastings, Huron, Kent, Lambton, Lanark, Leeds-Granville, Lennox-Addington, Middlesex, Muskoka, Niagara, Northumberland, Ottawa-Carleton, Oxford, Parry Sound, Peel, Perth, Peterborough, Prescott-Russell, Prince Edward, Renfrew, Simcoe, Stormont-Dundas-Glengarry, Victoria, Waterloo, Wellington, and York; and<PRTPAGE P="354"/> </P> <P>(2) That portion of Algoma District that includes the City of Sault Ste. Marie and the following townships: Bright, Bright Additional, Cobden, Denis, Garden River First Nation, Indian Reserve <E T="8401">#</E>7, Johnson, Korah, Laird, Lefroy, Lewis, Long, MacDonald, Parke, Plummer Additional, Prince, Tarbutt, Tarbutt Additional, Tarentorus, Thessalon, Thompson, Shedden, Spragge, and Striker; and</P> <P>(3) That portion of Algoma District south of Highway 17 and east of the City of Sault Ste. Marie; and</P> <P>(4) That portion of Manitoulin District that includes: Cockburn Island, Great Cloche Island, Manitoulin Island, St. Joseph Island, and all Indian Reserves; and</P> <P>(5) That portion of Nipissing District that includes the City of North Bay; and</P> <P>(6) That portion of Nipissing District south of the Ottawa and Mattawa rivers; and</P> <P>(7) That portion of Nipissing District south of highway 17 and west of the City of North Bay; and</P> <P>(8) That portion of Sudbury District that includes the City of Sudbury and the townships of Baldwin, Dryden, Dunlop, Graham, Hallam, Hymen, Indian Reserves #4, #5, and #6, Lorne, Louise; May, McKim, Nairn, Neelon, Porter, Salter, Shakespeare, Victoria, and Waters; and</P> <P>(9) That portion of the Sudbury District south of Highway 17.</P> <P>(e) <E T="03">Province of Quebec</E>. (1) That portion of the Province of Quebec that includes the following regional county municipalities: Acton, Arthabaska, Asbestos, Beauce-Sartigan, Beauharnois-Salaberry, Bécancour, Bellechasse, Brome-Missisquoi, Champlain, Coaticook, Communauté Urbaine de Montréal, Communauté Urbaine de L'Outaouais, D'Autray, Desjardins, Deux-Montagnes, Drummond, Francheville, Joliette, L'Amiante, L'Assomption, L'Érable, L'île-d'Orléans, Lajemmerais, Laval, La Nouvelle-Beauce, La Rivière-du-Nord, La Vallée-du-Richelieu, Le Bas-Richelieu, Le Granit, Le Haut-Richelieu, Le Haut-Saint-Francois, Le Haut-Saint-Laurent, Le Haute-Yamaska, Le Val-Saint-Francois, Les Chutes-de-la-Chaudire, Les Collines-de-L'Outaouais, Les Etchemins, Les Jardins-de-Napierville, Les Maskoutains, Les Moulins, Lotbinière, Memphrémagog, Mirabel, Montcalm, Montmagny, Nicolet-Yamaska, Robert-Cliche, Roussillon, Rouville, Sherbrooke, Therese-de Blainville, and Vaudreuil-Soulanges; and</P> <P>(2) That portion of the regional county municipality of Antoine-Llabelle that includes the following municipalities: Notre-Dame-du-Laus, Notre-Dame-de-Pontmain, and Saint-Aimé-du-Lac-des-Iles; and</P> <P>(3) That portion of the regional county municipality of Argenteuil that includes the following municipalities: Brownsburg, Calumet, Carillon, Chatham, Grenville, Lachute, Saint-André-d'Argenteuil, and Saint-André-Est; and</P> <P>(4) That portion of the regional county municipality of Communauté Urbaine De Québec that includes the following municipalities: Cap-Rouge, L'Ancienne-Lorette, Québec, Saint-Augustin-de-Desmaures, Sainte-Foy, Sillery, and Vanier; and</P> <P>(5) That portion of the regional county municipality of La Vallée-de-la-Gatineau that includes the following municipalities: Denholm, Gracefield, Kazabazua, Lac-Sainte-Marie, Low, Northfield, and Wright; and</P> <P>(6) That portion of the regional county municipality of Le Centre-de-la-Mauricie that includes the following municipalities: Charette, Notre-Dame-du-Mont-Carmel, Sainte-Elie, Shawinigan, and Shawinigan (Sud); and</P> <P>(7) That portion of the regional county municipality of Les Laurentides that includes the following municipality: La Conception; and</P> <P>(8) That portion of the regional county municipality of Les Pays-d'en-Haut that includes the following municipality: Mont-Rolland; and</P> <P>(9) That portion of the regional county municipality of Maskinongé that includes the following municipalities: Louiseville, Maskinongé, Saint-Joseph-de-Maskinongé, Saint-Barnabé, Saint-Sévère, Saint-Léon-le-Grand, Saint-Paulin, Sainte-Ursule, Saint-Justin, Saint-édouard-de-Maskinongé, Sainte-Angèle-de-Prémont, and Yamachiche; and</P> <P>(10) That portion of the regional county municipality of Matawinie that <PRTPAGE P="355"/>includes the following municipalities: Saint-Félix-de-Valois, Saint-Jean-de-Matha, Rawdon, and Chertsey; and</P> <P>(11) That portion of the regional county municipality of Papineau that includes the following municipalities: Fassett, Lochaber, Lochaber-Partie-Ouest, Mayo, Montebello, Montpellier, Mulgrave-et-Derry, Notre-Dame-de-Bon-Secours-Partie-Nord, Papineauville, Plaisance, Ripon (Village et Canton), Saint-André-Avellin (Village et Paroise), Sainte-Angélique, Saint-Sixte, and Thurso; and</P> <P>(12) That portion of the regional county municipality of Pontiac that includes the following municipalities: Bristol, Shawville, Clarendon, Portage-du-Fort, Bryson, Campbell's Bay, Grand-Calumet, Litchfield, Thorne, Alleyn-et-Cawood, Leslie-Clapham-et-Huddersfield, Fort-Coulonge, Mansfield-et-Pontefract, Waltham-et-Bryson, L'Isle-aux-Allumettes-Partie-Est, Chapeau, L'Isle-aux-Allumettes, Chichester, Sheen-Esher-Aberdeen-et-Malakoff, and Rapides-des-Joachims; and</P> <P>(13) That portion of the regional county municipality of Portneuf that includes the following municipalities: Cap-Santé, Deschambault, Donnacona, Grondines, Neuville, and Pointe-aux-Trembles.</P> <CITA>[65 FR 38175, June 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.77-4</SECTNO> <SUBJECT>Conditions for the importation of regulated articles.</SUBJECT> <P>(a) <E T="03">Trees and shrubs</E>.<SU>1</SU> <FTREF/> (1) Trees without roots (<E T="03">e.g.,</E> Christmas trees), trees with roots, and shrubs with roots and persistent woody stems may be imported into the United States from any area of Canada without restriction under this subpart if they:</P> <FTNT> <P> <SU>1</SU> Trees and shrubs from Canada that are capable of propagation may be subject to additional restrictions under “Subpart—Nursery Stock, Plants, Roots, Seeds, and Other Plant Products” (§§ 319.37 through 319.37-14 of this part).</P> </FTNT> <P>(i) Were greenhouse-grown throughout the year;</P> <P>(ii) Are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas; or</P> <P>(iii) Are Christmas trees destined for a U.S. infested area and will not be moved through any U.S. noninfested areas other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME (<E T="03">i.e.,</E> areas in those counties that are not listed in 7 CFR 301.45-3).</P> <P>(2) Trees without roots (e.g., Christmas trees), trees with roots, and shrubs with roots and persistent woody stems that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions:</P> <P>(i) If the trees or shrubs originated in a Canadian infested area, they must be accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that the trees or shrubs have been inspected and found free of gypsy moth or that the trees or shrubs have been treated for gypsy moth in accordance with the PlantProtection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter.</P> <P>(ii) If the trees or shrubs originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur.</P> <P>(b) Logs and pulpwood with bark attached.<SU>2</SU> <FTREF/> (1) Logs or pulpwood with bark attached that are destined for a U.S. infested area and that will not be moved through any U.S. noninfested area other than noninfested areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and Somerset, ME (<E T="03">i.e.</E>, areas in those counties that are not listed in 7 CFR 301.45-3) may be imported from any area of Canada without restriction under this subpart.</P> <FTNT> <P> <SU>2</SU> Logs from Canada are also subject to restrictions under “Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles” (§§ 319.40 through 319.40-11 of this part).</P> </FTNT> <P>(2) Logs or pulpwood with bark attached that are destined for a U.S. noninfested area or will be moved through a U.S. noninfested area may be imported into the United States from Canada only under the following conditions:<PRTPAGE P="356"/> </P> <P>(i) If the logs or pulpwood originated in a Canadian infested area, they must be either:</P> <P>(A) Accompanied by an officially endorsed Canadian phytosanitary certificate that includes an additional declaration confirming that they have been inspected and found free of gypsy moth or that they have been treated for gypsy moth in accordance with the Plant Protection and Quarantine TreatmentManual, which is incorporated by reference at § 300.1 of this chapter; or</P> <P>(B) Destined for a specified U.S. processing plant or mill under compliance agreement with the Animal and Plant Health Inspection Service for specified handling or processing.</P> <P>(ii) If the logs or pulpwood originated in a Canadian noninfested area, they must be accompanied by a certification of origin stating that they were produced in an area of Canada where gypsy moth is not known to occur.</P> <P>(c) <E T="03">Outdoor household articles and mobile homes and their associated equipment.</E> (1) Outdoor household articles and mobile homes and their associated equipment that are destined for a U.S. infested area and will not be moved through any U.S. noninfested areas may be imported from any area in Canada without restriction under this subpart.</P> <P>(2) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian noninfested area may be imported into any area of the United States without restriction under this subpart.</P> <P>(3) Outdoor household articles and mobile homes and their associated equipment that are being moved from a Canadian infested area into a U.S. noninfested area, or that will be moved through a U.S. noninfested area, may be imported into the United States only if they are accompanied by a statement, signed by their owner, stating that they have been inspected and found free of gypsy moth.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0142)</APPRO> <CITA>[64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38176, June 20, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 319.77-5</SECTNO> <SUBJECT>Disposition of regulated articles denied entry.</SUBJECT> <P>Any regulated article that is denied entry into the United States because it does not meet the requirements of this subpart must be promptly safeguarded or removed from the United States. If the article is not promptly safeguarded or removed from the United States, it may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714).</P> <CITA>[64 FR 45866, Aug. 23, 1999, as amended at 66 FR 21057, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 322</EAR> <HD SOURCE="HED">PART 322—HONEYBEES AND HONEYBEE SEMEN</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>322.1</SECTNO> <SUBJECT>Importation of honeybees and honeybee semen.</SUBJECT> <SECTNO>322.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>322.3</SECTNO> <SUBJECT>Permits.</SUBJECT> <SECTNO>322.4</SECTNO> <SUBJECT>Inspections.</SUBJECT> <SECTNO>322.5</SECTNO> <SUBJECT>Marking and shipping.</SUBJECT> <SECTNO>322.6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <SECTNO>322.7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <SECTNO>322.8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 281; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>50 FR 25689, June 21, 1985, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 322.1</SECTNO> <SUBJECT>Importation of honeybees and honeybee semen.</SUBJECT> <P>(a) No persons may import honeybees or honeybee semen, except as otherwise provided in this part.</P> <P>(b) Honeybees or honeybee semen from Canada may be imported into the United States without any further restrictions under this part.</P> <P>(c) Honeybee semen from any country listed below is designated as a restricted article and may be imported only in accordance with the provisions in this part. </P> <EXTRACT> <P>Australia</P> <P>Bermuda</P> <P>France</P> <P>Great Britain</P> <P>Sweden</P> </EXTRACT> <P>(d) Honeybees from any country or locality other than Canada, may be imported without complying with other provisions of this part if:<PRTPAGE P="357"/> </P> <P>(1) Imported by the U.S. Department of Agriculture for experimental or scientific purposes;</P> <P>(2) Imported at the Plant Germplasm Quarantine Center, Building 320, Beltsville Agricultural Research Center East, Beltsville MD 20705, or at a port of entry designated by an asterisk in § 319.37-14(b);</P> <P>(3) Imported pursuant to a departmental permit issued for such honeybees and kept on file at the port of entry;</P> <P>(4) Imported under conditions specified on the departmental permit and found by the Deputy Administrator to be adequate to prevent the introduction into the United States of diseases or parasites harmful to honeybees, or genetically undesirable germ plasm of honeybees, i.e., conditions of treatment, processing, shipment, disposal; and</P> <P>(5) Imported with a departmental tag or label securely attached to the outside of the container, and with such tag or label bearing the name of the person to whom the permit is issued.</P> <P>(e) Honeybees and honeybee semen from New Zealand may transit the United States en route to another country under the following conditions:</P> <P>(1) The honeybees or honeybee semen must be accompanied by a certificate issued by the New Zealand Department of Agriculture certifying that the honeybees or honeybee semen were derived in or shipped from an apiary in New Zealand;</P> <P>(2) The honeybees or honeybee semen must be shipped nonstop to the United States for transit to another country;</P> <P>(3) The honeybees must be contained in cages that are completely enclosed by screens with mesh fine enough to prevent the honeybees from passing through. Each pallet of cages must then be covered by an escape-proof net that is secured tightly to the pallet so that no honeybees can escape from underneath the net;</P> <P>(4) The honeybees must be shipped by air through a port staffed by an inspector.<SU>1</SU> <FTREF/> The honeybees may be transloaded from one aircraft to another at the port of arrival in the United States, provided the transloading is done under the supervision of an inspector and the area used for any storage of the honeybees between flights is within a completely enclosed building.</P> <FTNT> <P> <SU>1</SU> For a list of ports staffed by inspectors, contact the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(5) At least 2 days prior to the expected date of arrival of honeybees at a port in the United States, the shipper must notify the APHIS Officer in Charge at the port of arrival of the following: the date of arrival and departure; the name and address of both the shipper and receiver; the quantity of queens and the number of cages of package honeybees in the shipment; and, the name of the airline carrying the shipment.</P> <P>(f) Any honeybees or honeybee semen offered for import or intercepted entering the United States and not in compliance with this part shall be immediately exported from the United States by the importer or shall be destroyed by an inspector. Pending exportation or destruction, the honeybees or honeybee semen shall be subject to the immediate application of such safeguards against escape of diseases or parasites harmful to honeybees, or undesirable species or subspecies of honeybees, as the inspector determines necessary to prevent the introduction into the United States of diseases or parasites harmful to honeybees, or undesirable species or subspecies of honeybees.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> <CITA>[50 FR 25689, June 21, 1985, as amended at 59 FR 656, Jan. 6, 1994; 59 FR 67133, Dec. 29, 1994; 60 FR 6000, Feb. 1, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 322.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed respectively, to mean:</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant <PRTPAGE P="358"/>Protection and Quarantine, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated.</P> <P> <E T="03">Diseases harmful to honeybees.</E> Honeybee diseases, including but not limited to diseases caused by <E T="03">Aspergillus</E> spp., <E T="03">Bacillus</E> spp., <E T="03">Ascosphaera</E> spp., Kashmir virus, and <E T="03">Saccharomyces</E> spp.</P> <P> <E T="03">Honeybee.</E> Any live honeybee of the genus <E T="03">Apis</E> in any life stage and the germplasm of honeybees of the genus <E T="03">Apis,</E> except honeybee semen.</P> <P> <E T="03">Import (importation, imported).</E> To import or move into the United States.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Deputy Administrator in accordance with the law to enforce the provisions of this part.</P> <P> <E T="03">Parasites harmful to honeybees.</E> Honeybee parasites, including but not limited to <E T="03">Varroa jacobsoni, Euvarrao sinhai, Tropilaelaps clareae,</E> and <E T="03">Acarapis woodi.</E> </P> <P> <E T="03">Person.</E> Any individual, corporation, company, society, association, or any other organized group.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Honeybee Act, as amended, and regulations promulgated thereunder.</P> <P> <E T="03">Restricted article.</E> Any honeybee semen from countries listed in § 322.1(c).</P> <P> <E T="03">Undesirable species of subspecies of honeybees. Apis mellifera adansonii,</E> commonly known as the African honeybee, and its hybrids; and <E T="03">Apis mellifera capensis,</E> commonly known as the Cape honeybee.</P> <P> <E T="03">United States.</E> The States, District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 322.3</SECTNO> <SUBJECT>Permits.</SUBJECT> <P>(a) A restricted article may be imported only after issuance of a written permit by Plant Protection and Quarantine.</P> <P>(b) An application for a written permit must be submitted to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biological Assessments and Taxonomic Support, 4700 River Road, Unit 133, Riverdale, Maryland 20737-1236, and should be submitted at least 30 days prior to arrival of the article at the port of entry. The completed application does not have to be on any particular form but must indicate that it is an application for a written permit and include the following information:</P> <P>(1) Name, address, and telephone number of the importer;</P> <P>(2) Amount of semen indicated to be imported and species or subspecies of the honeybees from which the semen was collected;</P> <P>(3) Country or locality of origin;</P> <P>(4) Intended United States port of entry;</P> <P>(5) Means of transportation; and</P> <P>(6) Expected date of arrival.</P> <P>(c) After receipt and review of the application by Plant Protection and Quarantine, a written permit indicating the applicable conditions in this subpart for importation shall be issued for the importation of the articles specified in the application if such articles appear to be eligible to be imported. Even though a written permit has been issued for the importation of an article, it may be moved into the United States from the port of entry only if all requirements of this subpart are met and only if an inspector at the port of entry does not determine that emergency measures are necessary with respect to such article to assure that diseases or parasites harmful to honeybees and that undesirable species or subspecies of honeybees are not introduced into the United States.</P> <P>(d) Any permit which has been issued may be withdrawn by an inspector or the Deputy Administrator if he or she determines that the permit holder has not complied with any condition for the use of the permit. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose permit has <PRTPAGE P="359"/>been withdrawn may appeal the decision in writing to the Deputy Administrator within 20 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> <CITA>[50 FR 25689, June 21, 1985, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67610, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 322.4</SECTNO> <SUBJECT>Inspections.</SUBJECT> <P>Any restricted article is subject to inspection by an inspector at the time of importation for the purpose of determining whether such article is eligible to be imported.</P> </SECTION> <SECTION> <SECTNO>§ 322.5</SECTNO> <SUBJECT>Marking and shipping.</SUBJECT> <P>(a) Any restricted article for importation by means other than mail shall at the time of importation bear on the outer container the following information:</P> <P>(1) Amount of semen and species or subspecies of the honeybees from which the semen was collected,</P> <P>(2) Country or locality of origin,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article,</P> <P>(4) Name and address of consignee, and</P> <P>(5) Identifying shipper's mark and number.</P> <P>(b) Any restricted article for importation by mail must be addressed and mailed to Plant Protection and Quarantine at a place specified in § 322.8; must be accompanied by a separate sheet of paper within the package bearing the name, address, and telephone number of the intended recipient; and must bear on the outer container the following information:</P> <P>(1) Species or subspecies of the honeybees from which the semen was collected,</P> <P>(2) Country or locality of origin, and</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the article.</P> <P>(c) Any restricted article must be accompanied at the time of importation by an invoice or packing list indicating the contents of the shipment.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0072)</APPRO> <CITA>[50 FR 25689, June 21, 1985, as amended at 59 FR 67133, Dec. 29, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 322.6</SECTNO> <SUBJECT>Arrival notification.</SUBJECT> <P>Promptly upon arrival of any restricted article at a port of entry, except for mail shipments, the importer must notify Plant Protection and Quarantine of the arrival by such means as a manifest, Customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for that purpose.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> </SECTION> <SECTION> <SECTNO>§ 322.7</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost to the importer.<E T="51">2</E> <FTREF/> Plant Protection and Quarantine will not be responsible for any costs or charges, other than those indicated in this section.</P> <FTNT> <P> <E T="51">2</E> Provisions relating to costs for other services of an inspector are contained in 7 CFR part 354.</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 322.8</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>(a) Any restricted article may be imported only at a port of entry listed in § 319.37-14(b) of this chapter.</P> </SECTION> </PART> <PART> <EAR>Pt. 330</EAR> <HD SOURCE="HED">PART 330—FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>330.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>330.101</SECTNO> <SUBJECT>Policy.</SUBJECT> <SECTNO>330.102</SECTNO> <SUBJECT>Basis for certain regulations.</SUBJECT> <SECTNO>330.103</SECTNO> <SUBJECT>Documentation.</SUBJECT> <SECTNO>330.104</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <SECTNO>330.105</SECTNO> <SUBJECT>Inspection.</SUBJECT> <SECTNO>330.106</SECTNO> <SUBJECT>Emergency measures.<PRTPAGE P="360"/> </SUBJECT> <SECTNO>330.107</SECTNO> <SUBJECT>Costs.</SUBJECT> <SECTNO>330.108</SECTNO> <SUBJECT>Authority to issue administrative instructions.</SUBJECT> <SECTNO>330.109</SECTNO> <SUBJECT>Caution.</SUBJECT> <SECTNO>330.110</SECTNO> <SUBJECT>Seals.</SUBJECT> <SECTNO>330.111</SECTNO> <SUBJECT>Advance notification of arrival of aircraft and watercraft.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Movement of Plant Pests</HD> <SECTNO>330.200</SECTNO> <SUBJECT>Movement of plant pests regulated; permits required.</SUBJECT> <SECTNO>330.201</SECTNO> <SUBJECT>Applications for permits to move plant pests.</SUBJECT> <SECTNO>330.202</SECTNO> <SUBJECT>Consideration of applications for permits to move plant pests.</SUBJECT> <SECTNO>330.203</SECTNO> <SUBJECT>Action on applications for permits to move plant pests; form of and conditions in permits.</SUBJECT> <SECTNO>330.204</SECTNO> <SUBJECT>Denial or cancellation of permits; reconsiderations.</SUBJECT> <SECTNO>330.205</SECTNO> <SUBJECT>Disposal of plant pests when permits are canceled.</SUBJECT> <SECTNO>330.206</SECTNO> <SUBJECT>Permits for plant pest movement associated with National Defense projects.</SUBJECT> <SECTNO>330.207</SECTNO> <SUBJECT>Permits for movement of organisms issued by other agencies.</SUBJECT> <SECTNO>330.208</SECTNO> <SUBJECT>Courtesy permits.</SUBJECT> <SECTNO>330.209</SECTNO> <SUBJECT>Permits for means of conveyance.</SUBJECT> <SECTNO>330.210</SECTNO> <SUBJECT>Packing materials and containers for plant pest movement; host materials.</SUBJECT> <SECTNO>330.210a</SECTNO> <SUBJECT>Administrative instructions listing approved packing materials for plant pests.</SUBJECT> <SECTNO>330.211</SECTNO> <SUBJECT>Labeling of plant pests for movement under permits.</SUBJECT> <SECTNO>330.212</SECTNO> <SUBJECT>Movement of plant pests by baggage.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Movement of Soil, Stone, and Quarry Products</HD> <SECTNO>330.300</SECTNO> <SUBJECT>Soil from foreign countries or Territories or possessions.</SUBJECT> <SECTNO>330.300a</SECTNO> <SUBJECT>Administrative instructions exempting soil from parts of Canada from certain restrictions.</SUBJECT> <SECTNO>330.301</SECTNO> <SUBJECT>Stone and quarry products from certain areas in Canada.</SUBJECT> <SECTNO>330.302</SECTNO> <SUBJECT>Domestic movements of earth (including soil), stone, etc.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Garbage</HD> <SECTNO>330.400</SECTNO> <SUBJECT>Regulation of certain garbage.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 450, 2260, 7711, 7712, 7714, 7718, 7731, 7734, 7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>24 FR 10825, Dec. 29, 1959, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart—General Provisions</HD> <SECTION> <SECTNO>§ 330.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Words used in the singular form in the regulations in this part shall be deemed to impart the plural and vice versa, as the case may demand. For the purposes of this part, unless the context otherwise requires, the following words shall be construed, respectively, to mean:</P> <P> <E T="03">Administrative instructions.</E> Published documents relating to the enforcement of the regulations in this part, issued under authority of such regulations by the Deputy Administrator.</P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service of the Department, or any officer or employee of the Animal and Plant Health Inspection Service to whom authority has heretofore been delegated or may hereafter be delegated to act in his/her stead.</P> <P> <E T="03">Continental United States.</E> The 49 States located on the continent of North America and the District of Columbia.</P> <P> <E T="03">Customs.</E> The Bureau of Customs, U.S. Treasury Department, or, with reference to Guam, the Customs office of the Government of Guam.</P> <P> <E T="03">Department.</E> The U.S. Department of Agriculture.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs of the Animal and Plant Health Inspection Service of the Department, or any officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.</P> <P> <E T="03">Earth.</E> The softer matter composing part of the surface of the globe, in distinction from the firm rock, and including the soil and subsoil, as well as finely divided rock and other soil formation materials down to the rock layer.</P> <P> <E T="03">Garbage.</E> That material designated as “garbage” in § 330.400(b).</P> <P> <E T="03">Inspector.</E> A properly identified employee of the U.S. Department of Agriculture or other person authorized by the Department to enforce the provisions of the Plant Protection Act and <PRTPAGE P="361"/>related legislation, quarantines, and regulations.</P> <P> <E T="03">Interstate.</E> From one State, Territory or possession or the District of Columbia into or through any other State, Territory or possession, or the District of Columbia. This term includes movements, within its provisions, to a port in the United States for export.</P> <P> <E T="03">Means of conveyance.</E> Automobiles, trucks, animal-drawn vehicles, railway cars, aircraft, boats, and other means of transportation.</P> <P> <E T="03">Move</E> (<E T="03">moved and movement</E>). “Move” means ship, deposit for transmission in the mail, otherwise offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move, or allow to be moved, by mail or otherwise. “Moved” and “movement” shall be construed accordingly.</P> <P> <E T="03">Owner.</E> The owner, or his agent (including a carrier), having responsible custody of a plant pest, means of conveyance, product or article subject to the regulations in this part.</P> <P> <E T="03">Permit.</E> An authorization allowing the movement into or through the United States, or interstate, of a plant pest, or a regulated product, article, or means of conveyance in accordance with the provisions in this part.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company.</P> <P> <E T="03">Plant pest.</E> (1) Except for §§ 330.200 through 330.212, “plant pest” means any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P>(2) For purposes of §§ 330.200 through 330.212, <E T="03">plant pest</E> means any living stage of insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances of the aforementioned which are not genetically engineered as defined in 7 CFR 340.1 which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Plant Protection Act.</E> Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000.</P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The Plant Protection and Quarantine Programs, Animal and Plant Inspection Health Service of the Department.</P> <P> <E T="03">Regulated garbage.</E> That material designated as “regulated garbage” in § 330.400(c) and § 330.400(d).</P> <P> <E T="03">Shelf-stable.</E> The condition achieved in a product, by application of heat, alone or in combination with other ingredients and/or other treatments, of being rendered free of microorganisms capable of growing in the product at nonrefrigerated conditions (over 50 °F. or 10 °C.).</P> <P> <E T="03">Soil.</E> The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.</P> <P> <E T="03">Territories or possessions.</E> Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <P> <E T="03">Through the United States.</E> From and to places outside the United States.</P> <P> <E T="03">United States.</E> The States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 39 FR 32320, Sept. 6, 1974; 43 FR 39954, Sept. 9, 1978; 45 FR 80268, Dec. 4, 1980; 52 FR 22907, June 16, 1987; 52 FR 49344, Dec. 31, 1987; 53 FR 49976, Dec. 13, 1988; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.101</SECTNO> <SUBJECT>Policy.</SUBJECT> <P>The purpose of the regulations in this part is to prevent the dissemination of plant pests into the United States, or interstate, by regulating the movement of plant pests into or through the United States, or interstate, and the movement of means of conveyance, earth, stone and quarry products, garbage, and certain other products and <PRTPAGE P="362"/>articles into or through the United States, or from any Territory or possession into or through any other Territory or possession or the continental United States. The Deputy Administrator shall employ procedures to carry out this purpose which will impose a minimum of impediment to foreign commerce and travel whenever practicable, consistent with proper precaution against plant pest dissemination. The same policy is to be applied in the case of interstate commerce and travel.</P> </SECTION> <SECTION> <SECTNO>§ 330.102</SECTNO> <SUBJECT>Basis for certain regulations.</SUBJECT> <P>Under the authority of the Plant Protection Act, the Secretary may prohibit or restrict the importation, entry, exportation, or movement in interstate commerce of any plant, plant product, biological control organism, noxious weed, article (including baggage, mail, garbage, earth, stone, and quarry products) or means of conveyance if such actions are necessary to prevent the introduction into or the dissemination within the United States of a plant pest or noxious weed.</P> <CITA>[66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.103</SECTNO> <SUBJECT>Documentation.</SUBJECT> <P>Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions.</P> </SECTION> <SECTION> <SECTNO>§ 330.104</SECTNO> <SUBJECT>Ports of entry.</SUBJECT> <P>Ports of entry for plant pests, means of conveyance, or other products or articles of any character whatsoever the entry or movement of which is regulated by the regulations in this part may be specified in administrative instructions or in the permits if permits are required by the regulations. Such ports shall be selected by the Deputy Administrator from ports named in 19 CFR 1.2 as “ports of entry” for the purpose of enforcing the customs laws or named in 19 CFR 6.13 as “international airports,” or airports at which permission to land aircraft has been granted by the Commissioner of Customs or by the Collectors of Customs in accordance with 19 CFR 6.2. Except as otherwise provided by administrative instructions, or by permits issued in accordance with this part, the ports of entry shall be those named in 19 CFR 1.2 and 6.13. The port of entry in Guam shall be Agana unless otherwise specified in the permit by the Deputy Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 330.105</SECTNO> <SUBJECT>Inspection.</SUBJECT> <P>(a) <E T="03">Inspection of foreign arrivals.</E> In order to prevent the dissemination into the United States of plant pests and for the purpose of carrying out the regulations in this part, all plant pests; means of conveyance and their stores; baggage; mail; plants; plant products; soil; stone and quarry products under § 330.300; garbage; and any other product or article of any character whatsoever which an inspector considers may be infested or infected by or contain a plant pest, arriving in the United States from any place outside thereof for entry into or movement through the United States shall be subject to inspection by an inspector at the port of first arrival, except that mail will be handled in accordance with the joint customs and postal regulations for inspecting and handling mail. No such plant pests; means of conveyance or their stores; baggage; mail; plants; plant products; soil; stone or quarry products under § 330.300; garbage; or other products or articles which an inspector notifies the Customs authorities should be held for inspection shall be released by Customs officers for entry or onward movement until released by an inspector. The release of all means of conveyance, products and articles regulated under parts 319, 321, and 352 of this chapter shall be in accordance with the requirements of those parts and the applicable provisions in this part. Whenever it shall be deemed safe to modify the requirements of this section by exempting any class of means of conveyance, products or articles from the requirement that they be held for inspection and release of the inspector, the exemptions shall be specified in administrative instructions. Inspectors shall make local arrangements, in accordance with policies of the Plant Protection and Quarantine Programs, with the Collector of <PRTPAGE P="363"/>Customs for the release by Customs officers on behalf of the inspector of any class of means of conveyance, their stores, baggage, mail, or other products or articles when such arrangements do not increase unduly the danger of plant pest dissemination and will facilitate clearance of means of conveyance, baggage, mail, or other products or articles.</P> <P>(b) <E T="03">Inspection of domestic movements.</E> For the purpose of preventing the interstate movement of plant pests, provisions requiring inspection of means of conveyance and products or articles moving interstate may be issued as regulations in association with quarantines in part 301 or part 318 of this chapter or in this part. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Notices appearing at 24 FR 4650, June 9, 1959, 24 FR 5363, July 2, 1959, 24 FR 6889, August 26, 1959, and 24 FR 7519, September 18, 1959, provide in part as follows: That means of conveyance subject to such inspection and release requirements and arriving at any port of entry outside the regularly assigned hours of duty of the Federal plant quarantine inspector, will be held for such inspection and release, until the regularly assigned hours of duty. However, notice is also hereby given that pursuant to the provisions of the Act of August 28, 1950 (7 U.S.C. 2260) such inspection service outside of the regularly assigned hours of duty may be made available to any interested person, upon a reimbursable basis and in accordance with applicable regulations, upon request to the Plant Quarantine Inspector in Charge at such port.</P> <P>Information concerning regularly assigned hours of duty for Federal plant quarantine inspectors at each port where such inspection is available may be obtained locally by application to the Plant Quarantine Inspector in Charge at such port.</P> </NOTE> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 62 FR 65009, Dec. 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.106</SECTNO> <SUBJECT>Emergency measures.</SUBJECT> <P>(a) <E T="03">Procedures to prevent pest dissemination.</E> Whenever inspection of any means of conveyance, stores, baggage, mail, plants, plant products, earth, stone and quarry products, garbage, or other products or articles of any character whatsoever, arriving in the United States from a place outside thereof, or moving interstate, discloses a plant pest, or provides a reason to believe such a pest is present (other than one moving under permit in accordance with any conditions in the permit and the provisions in this part) which is new to, or not theretofore known to be widely prevalent or distributed within and throughout the United States, the inspector shall employ procedures necessary to prevent the dissemination of the plant pest. Such procedures shall also be employed with respect to means of conveyance or products or articles of any character whatsoever which have moved into the United States or interstate and which the inspector has reason to believe were infested or infected by or contained any such plant pest at the time of such movement. The inspector may follow administrative instructions containing procedures prescribed for certain situations, or he may follow a procedure selected by him from administratively approved methods known to be effective. The procedure may involve seizure, quarantine, treatment, application of other remedial measures, exportation, return to shipping point of origin, destruction, or other disposal, but no means of conveyance, product, article, or plant pest owned by any person shall be destroyed, exported, or returned to shipping point of origin or ordered to be so handled, unless there is, in the opinion of the inspector, no less drastic action adequate to prevent the dissemination of the plant pest. In forming such an opinion that no less drastic action is adequate, the inspector shall be guided by applicable specific and general instructions received from officers of the Plant Protection and Quarantine Programs. This section does not authorize action with respect to any means of conveyance, product, article, or plant pest which, at the time of the proposed action, is subject to disposal under the Plant Protection Act. In taking action with respect to any means of conveyance, product, article, plant pest, the inspector shall take cognizance of applicable requirements of the customs and postal laws and regulations.</P> <P>(b) <E T="03">Orders for remedial measures.</E> The inspector may order the owner of any means of conveyance, product, article, or plant pest, subject to disposal under paragraph (a) of this section, to treat, apply other remedial measures, destroy, or make other disposal thereof <PRTPAGE P="364"/>without cost to the Federal Government and in a manner specified in accordance with paragraph (a) of this section.</P> <P>(c) <E T="03">Failure to apply remedial measures.</E> If the measures required by the inspector are not applied promptly by the owner within the time limits specified by the inspector, the inspector shall apply measures necessary to prevent the dissemination of the plant pests.</P> <P>(d) <E T="03">Khapra beetle infestations of means of conveyance, or cargo or stores thereof; other infestations.</E> As a means of preventing the dissemination into the United States, or interstate, of the khapra beetle (Trogoderma granarium Everts), the following procedures will be applicable when that insect is found, or there is reason to believe it is present, in a means of conveyance within paragraph (a) of this section, or in any cargo or stores in such a means of conveyance, or in any cargo or stores unloaded or landed, or being unloaded or landed, in the United States therefrom. These procedures will also apply with respect to other plant pests when the inspector finds they are necessary and sufficient to prevent the spread of such pests.</P> <P>(1) <E T="03">Infestation in storerooms and similar compartments of means of conveyance</E> (<E T="03">except aircraft</E>). (i) When infestation is found only in stores or storerooms, galleys, pantries, or similar noncargo compartments of a means of conveyance, except aircraft, the inspector shall prescribe and supervise the application of such remedial measures as, in his opinion, will be effective under conditions that will not spread the infestation to other parts of the means of conveyance, or to adjacent piers or other installations. If, in the opinion of the inspector, fumigation is the only available safeguard to eliminate the infestation, he shall order the owner to arrange for immediate fumigation of the infested stores and portions of the means of conveyance.</P> <P>(ii) If the means of conveyance is to leave the territorial limits of the United States directly for a port in another country within 24 hours of such order, the inspector may suspend compliance with the fumigation requirement pending departure from the United States. Pending fumigation or departure, the inspector may seal the openings of infested compartments, packages, or articles, if in his opinion the action is necessary to prevent plant pest dissemination while the means of conveyance remains in the teritorial limits of the United States, as authorized in § 330.110. The inspector may extend the 24-hour period to 48 hours, if, in his judgment, such extension is warranted by plans of the owner to remove the means of conveyance from the territorial limits of the United States within the extended period, the inability of the contractor to begin fumigation within the 24-hour period, or other reason deemed valid by the inspector. Further extension shall be given only under authority of the Deputy Administrator. Pending compliance with the requirement of fumigation, or the departure from the territorial limits of the United States directly for a port in another country, no stores, laundry, furnishings or equipment, or other articles or products whether in cargo or stores, shall be unloaded from the means of conveyance except as authorized by the inspector and under conditions prescribed by him. The owner of an infested means of conveyance under notice for fumigation which leaves the territorial limits of the United States without fumigation should arrange for the eradication of the infestation before returning to the same or another port in the United States. Upon return to a port in the United States and unless the infestation has been eliminated to the satisfaction of the inspector, the means of conveyance shall be subject to fumigation immediately upon arrival in the United States. Unloading or landing of any product or article shall not be permitted pending compliance with the fumigation requirement, except as authorized by the inspector and under conditions prescribed by him.</P> <P>(iii) If the means of conveyance is to remain at the port where the infestation was found or is to be moved to another port in the United States, the inspector shall prescribe and supervise the application of the remedial measures at the port where the infestation is found, as provided in this paragraph, or he may authorize the means of conveyance to be moved to another port <PRTPAGE P="365"/>for fumigation or the application of other remedial measures under safeguards prescribed by him.</P> <P>(iv) In all instances where the inspector prescribed procedures concerned with the application of remedial measures which involve (<E T="03">a</E>) withholding permission to discharge articles or products; (<E T="03">b</E>) permission to discharge after such permission has been withheld; (<E T="03">c</E>) discontinuance of discharging; or (<E T="03">d</E>) resumption of discharging after it has been discontinued, the appropriate Customs officer shall be immediately notified in writing. The inspector shall also inform the Customs officers at the port where the infestation is found and at such other ports as may be necessary of the requirement for fumigation and/or permission to move coastwise to another U.S. port for fumigation or other remedial measures.</P> <P>(2) <E T="03">Infestation in cargo compartments of means of conveyance</E> (<E T="03">except aircraft</E>). When infestation is found in cargo compartments or in cargo of a means of conveyance, except aircraft, the inspector shall prescribe and supervise the application of such remedial measures as, in his opinion are necessary, with respect to the cargo and the portions of the means of conveyance which contain or contained or were contaminated by the infested cargo. If in the opinion of the inspector fumigation is the only available safeguard to eliminate the infestation, he shall order the owner to arrange for immediate fumigation of the infested portions of such means of conveyance and cargo. However, if such cargo compartments cannot be fumigated without fumigating the entire means of conveyance, the inspector may order the entire means of conveyance and cargo to be fumigated. The inspector shall notify the owner of the means of conveyance of such requirement and the owner shall arrange for immediate fumigation. Discharge of cargo shall be discontinued unless the inspector allows it to continue under safeguards to be prescribed by him. The provisions applicable to stores and storerooms in paragraph (d)(1) (ii) and (iii) of this section shall apply to cargo and cargo areas of such means of conveyance. Customs officers shall be informed as required in paragraph (d)(1)(iv) of this section.</P> <P>(3) <E T="03">Infestation in an aircraft.</E> If infestation is found in an aircraft, the inspector may apply seals as provided in § 330.110, and he may require such temporary safeguards as he deems necessary, including the discontinuance of further unloading or landing of any products or articles except as authorized by him. Upon finding such infestation in an aircraft the inspector shall promptly notify the Plant Protection and Quarantine Programs of all circumstances and the temporary safeguards employed, and the Plant Protection and Quarantine Programs will specify the measures for eliminating the infestation which will not be deleterious to the aircraft or its operating components. Any insecticidal application required shall be approved by the Deputy Administrator for use in aircraft. If the aircraft is to depart from the territorial limits of the United States within 24 hours after the infestation is found, the inspector shall permit such departure in lieu of the application of other measures and shall prior to departure break any seals that would prevent access to the aircraft or safe operation thereof. Other seals shall remain intact at time of departure and shall be broken by the aircraft commander or a crew member upon his order only after the aircraft is beyond the territorial limits of the United States. Extension of the 24-hour period shall be given only under authority of the Deputy Administrator. The owner of the aircraft under notice of khapra beetle infestation which leaves the territorial limits of the United States before the infestation has been eradicated should arrange for eradication before returning the aircraft to the United States. Upon return to the United States, if the infestation is not eliminated to the satisfaction of the inspector, the aircraft shall be subject to the same disinfestation requirements and other safeguards immediately upon arrival in the United States. Customs officers shall be notified as required in paragraph (d)(1)(iv) of this section.</P> <P>(4) <E T="03">Precautions.</E> The owner of a means of conveyance required to be fumigated pursuant to this section shall arrange with a competent operator to apply the fumigant under the supervision of the inspector. The owner shall understand <PRTPAGE P="366"/>that if certain fumigants are used they may result in residues in or on foodstuffs which may render them unsafe for use as food items. He is hereby warned against such use unless as ascertains that the fumigated foodstuffs are fit for human consumption. It should also be understood by the owner that emergency measures prescribed by the inspector to safeguard against dissemination of infestation may have adverse effects on certain products and articles, and that the acceptance of fumigation as a requirement is an alternative to the immediate removal of the infested means of conveyance and any products and articles thereon, from the territorial limits of the United States. Products or articles in a means of conveyance, or compartments thereof, which may be exposed to methyl bromide or other remedial measures and may be adversely affected thereby, may be removed from the means of conveyance or compartments thereof prior to the application of the remedial measures if in the opinion of the inspector this can be done without danger of plant pest dissemination and under conditions authorized by him, for additional inspection and/or application of effective remedial measures.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.107</SECTNO> <SUBJECT>Costs.</SUBJECT> <P>All costs (including those incurred under § 330.106 of this part by the government or the owner) incident to the inspection, handling, cleaning, safeguarding, treating, or other disposal of means of conveyance or products, articles, or plant pests under this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is payable under § 354.3 of this chapter.</P> <EDNOTE> <HD SOURCE="HED">Cross reference:</HD> <P>See note following § 330.105.</P> </EDNOTE> <CITA>[56 FR 14844, Apr. 12, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.108</SECTNO> <SUBJECT>Authority to issue administrative instructions.</SUBJECT> <P>The Deputy Administrator is authorized to issue the administrative instructions for which provision is made in the regulations in this part, for the purpose of preventing dissemination of plant pests into the United States or interstate. In addition, whenever the Deputy Administrator shall find that existing conditions as to pest risk involved in the movement of plant pests, means of conveyance, or other products or articles to which the regulations in this part apply, make it safe to modify by making less stringent the restrictions contained in any of such regulations, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent whereupon such modification shall become effective.</P> </SECTION> <SECTION> <SECTNO>§ 330.109</SECTNO> <SUBJECT>Caution.</SUBJECT> <P>In applying treatments or taking other measures prescribed in administrative instructions or by the inspector, it should be understood that inexactness or carelessness may result in injury or damage.</P> </SECTION> <SECTION> <SECTNO>§ 330.110</SECTNO> <SUBJECT>Seals.</SUBJECT> <P>(a) <E T="03">Use authorized; form.</E> Whenever, in the opinion of the inspector, it is necessary, as a safeguard in order to prevent the dissemination of plant pests into the United States, or interstate, seals may be applied to openings, packages, or articles requiring the security provided by such seals. The words “openings, packages, or articles” shall include any form of container, shelf, bin, compartment, or other opening, package, or article which the inspector may have occasion to seal in lieu of more drastic action or otherwise, as a safeguard against plant pest dissemination. The seals may be automatic metal seals or labels or tags and will be provided by the Plant Protection and Quarantine Programs. When they consist of a label or tag, they will be printed in black ink on yellow paper and read substantially as follows: “Warning! The opening, package, or article to which this seal is affixed is sealed under authority of law. This seal is not <PRTPAGE P="367"/>to be broken while within the territorial limits of the United States except by, or under instructions of, an inspector.”</P> <P>(b) <E T="03">Breaking of seals.</E> Seals may be broken: (1) By an inspector; (2) by a Customs officer for Customs purposes, in which case the opening, package, or article will be resealed with Customs seals; (3) by the owner or his agent when the means of conveyance, product, or article has left the territorial limits of the United States; (4) by any person authorized by the inspector or the Deputy Administrator under conditions specified by the inspector or Deputy Administrator. No person shall break seals applied under authority of this section except as provided in this paragraph. The movement into or through the United States, or interstate, of any means of conveyance or product or article on which a seal, applied under this paragraph, has been broken in violation of this paragraph is hereby prohibited, except as authorized by an inspector.</P> <P>(c) <E T="03">Notice of sealing.</E> When an inspector seals any opening, product or article, he shall explain the purpose of such action to the owner or his representative and shall present him with a written notice of the conditions under which the seal may be broken, if requested to do so.</P> <CITA>[25 FR 8990, Sept. 20, 1960, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.111</SECTNO> <SUBJECT>Advance notification of arrival of aircraft and watercraft.</SUBJECT> <P>The owner, operator, or other representative of any aircraft or watercraft entering the United States from a foreign country, or arriving in the continental United States from Hawaii or any territory or possession of the United States, shall provide every Plant Protection and Quarantine office (PPQ office) serving a port of arrival on the itinerary of the craft while in the United States with advance notification of intent to arrive at that port. This advance notification of arrival shall:</P> <P>(a) Reach the appropriate PPQ office not less than 12 hours before the craft's estimated time of arrival at the port;</P> <P>(b) Be communicated by radio, wire, telephone, or any other means; and</P> <P>(c) Include the following information:</P> <P>(1) The name or other identifying feature of the individual craft;</P> <P>(2) The date and estimated time of arrival at the port;</P> <P>(3) The location of arrival, providing the most site-specific data available, such as the dock, pier, wharf, berth, mole, anchorage, gate, or facility, and;</P> <P>(4) The names of all foreign and non-Continental U.S. ports where any cargo, crew, or passenger destined for the continental United States has boarded the craft since its most recent arrival at a port in the United States.</P> <P>(d) If the craft's estimated time of arrival changes by more than one hour, the PPQ office that serves the port of arrival must be notified and provided with updated information immediately.</P> <P>(e) If the craft's site of arrival changes after a PPQ office has received advance notification of arrival, both that PPQ office and the newly affected PPQ office shall be notified of this change immediately. This applies, too, to site-specific changes involving watercraft.</P> <P>(f) If the craft's point of arrival is an anchorage, the PPQ office shall be notified, as soon as possible after the craft's arrival at the anchorage, of the specific site, such as berth, mole, pier, to which the craft will be moving, as well as of its estimated time of arrival at that site.</P> <P>(g) Aircraft and watercraft meeting any of the following conditions are exempt from the provisions in this section, and need not provide advance notification of arrival:</P> <P>(1) The craft is not regularly used to carry passengers or cargo for a fee;</P> <P>(2) The aircraft is making a flight scheduled in the Official Airline Guide, North American Edition, or the Official Airline Guide, Worldwide Edition, unless the scheduled time of arrival changes by more than one hour or the plane is diverted to another landing port;</P> <P>(3) An inspector has precleared the aircraft in Hawaii, a territory or possession of the United States, or a foreign port, having determined that the aircraft contained only articles that are not prohibited or restricted importation into the United States under the <PRTPAGE P="368"/>provisions of 7 CFR chapter III and 9 CFR chapter I; or</P> <P>(4) Personnel of the United States armed forces, including the U.S. Coast Guard, in Hawaii, a territory or possession of the United States, or a foreign port, have precleared an aircraft, having determined that the aircraft contained only articles that are not prohibited or restricted importation into the United States under the provisions of 7 CFR chapter III and 9 CFR chapter I.</P> <P>(5) The owner, operator, or other representative of the aircraft or watercraft not leaving the United States has been informed in writing by a PPQ inspector that notification of intended arrival is not required at subsequent ports in the United States.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[52 FR 49344, Dec. 31, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Movement of Plant Pests</HD> <SECTION> <SECTNO>§ 330.200</SECTNO> <SUBJECT>Movement of plant pests regulated; permits required.</SUBJECT> <P>No person shall knowingly move any plant pest into or through the United States from any place outside thereof, or interstate, or knowingly accept delivery of any plant pest so moving unless such movement is authorized under permit under this part and is made in accordance with the conditions therein and the provisions in this part. The movement of snails and slugs, as well as other plant pests, is governed by such provisions. Biological specimens of plant pests, in preservative or dried, may be imported without further restriction under this part, but subject to inspection on arrival in the United States to confirm the nature of the material and freedom from risk of plant pest dissemination.</P> </SECTION> <SECTION> <SECTNO>§ 330.201</SECTNO> <SUBJECT>Applications for permits to move plant pests.</SUBJECT> <P>(a) <E T="03">Into or through the United States from any place outside thereof.</E> Only persons resident in the United States may apply for permits to move plant pests into the United States from any place outside thereof. Persons resident in the United States proposing such movement into the United States, or any person proposing movement through the United States, of any plant pests shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form provided therefor by the Plant Protection and Quarantine Programs, or by submitting in the form of a letter or other written communication the following information insofar as is known to the applicant, for each kind of pest for which a permit is requested: (1) Scientific name of the pest, (2) stage, (3) quantity, (4) origin, (5) destination, (6) whether the pest is established in the State, Territory or other jurisdiction of destination in the United States, (7) method of shipment, (8) proposed port of first arrival in the United States, (9) approximate date of arrival, (10) number of parcels expected to be moved, (11) intended use, (12) measures to be employed to prevent danger of plant pest dissemination, and (13) method of final disposition. In addition, if host materials must necessarily accompany the plant pests, the application shall show the name of the host materials and the reasons it is necessary for them to accompany the plant pests. Applications for permits to move plant pests through the United States should state the name of the port of export instead of the information required by paragraph (a)(6) of this section. Any applicant for a permit to move plant pests into or through the United States from any place outside thereof will facilitate the consideration of his application by furnishing any additional information known to him concerning the economic importance of the pests and the justification for the movement.</P> <P>(b) <E T="03">Interstate</E> (<E T="03">including interstate for export</E>). Persons proposing to move plant pests interstate shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form provided therefor by the Plant Protection and Quarantine Programs or by submitting the required information in the form of a letter or other written communication showing all pertinent information specified in paragraph (a) of this section and also the approximate date of the <PRTPAGE P="369"/>movement, except that persons desiring to move plant pests interstate to a port in the United States for export to a place outside of the United States <SU>1</SU> <FTREF/> shall use the form provided therefor by the Plant Protection and Quarantine Programs or submit to the Plant Protection and Quarantine Programs in the form of a letter or other written communication the following information for each kind of pest: Scientific name of the pest, stage, quantity, origin, destination, method of shipment, proposed port of export from the United States, approximate date of the movement, number of parcels to be moved, proposed use, and measures to be employed to prevent danger of plant pest dissemination during the interstate movement. However, in case it is proposed to move interstate, within or from an area quarantined under §§ 301.38, 301.45, 301.48, 301.52, 301.63, 301.64, 301.72, 301.76, 301.77, 301.78, 301.79, 301.80, or 301.81 of this chapter any plant pest covered by said section, the application should be made to the Plant Protection and Quarantine Programs of the Animal and Plant Health Inspection Service of the Department. In any case the applicant for a permit will facilitate the consideration of his application by furnishing any additional information known to him concerning the economic importance of the pests and the justification for the movement.</P> <FTNT> <P> <SU>1</SU> Persons contemplating the shipment of plant pests to places outside the United States should make prior arrangements directly, or through the recipient, with the country of destination for the receipt of the plant pests into the country of destination. Many countries have laws governing the movement of plant pests into those countries, and therefore it is advisable to make advance arrangements for attaching permits, etc., as may be required by the countries of destination.</P> </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.202</SECTNO> <SUBJECT>Consideration of applications for permits to move plant pests.</SUBJECT> <P>The Deputy Administrator, upon the receipt of an application, made in accordance with § 330.201 (a) or (b), for a permit for movement of a plant pest into or through the United States from any place outside thereof, or interstate, shall consider the application on its merits.</P> <P>(a) <E T="03">Consultation.</E> He may consult with any Federal officials, the appropriate officials of any State, Territory, or other jurisdiction in the United States in charge of research or regulatory programs relative to plant pests, and any other qualified governmental or private research laboratory, institution, or individual, for views on the danger of plant pest dissemination into the United States, or interstate, in connection with the movement proposed.</P> <P>(b) <E T="03">Inspection of premises.</E> The Deputy Administrator may inspect the site where plant pests are proposed to be handled in connection with or after their movement under permit to determine whether existing or proposed facilities will be adequate to prevent plant pest dissemination in case a permit is issued, provided that the person in possession thereof is the applicant or such inspection is otherwise authorized.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.203</SECTNO> <SUBJECT>Action on applications for permits to move plant pests; form of and conditions in permits.</SUBJECT> <P>The Deputy Administrator, having considered an application for permit to move a plant pest, shall approve or deny the application in accordance with § 330.204. If the application is denied, the applicant shall be furnished the reasons therefor. If the application is approved, the Deputy Administrator shall issue the permit including any conditions which, in the opinion of the Deputy Administrator, are necessary to prevent dissemination of plant pests into the United States or interstate. Such conditions may include requirements for inspection of the premises where the plant pests are to be handled, after their movement under the permits, to determine whether the facilities thereat are adequate to prevent plant pest dissemination and the conditions of the permit are otherwise being <PRTPAGE P="370"/>observed. Permits authorizing movement of plant pests through the United States will include shipping instructions as to routing, labelling, and similar requirements as conditions of the permits. Any applicable conditions prescribed in administrative instructions may be incorporated in a written permit by citation, but shall be applicable whether or not so cited. The Deputy Administrator may, prior to the issuance of the permit, require the applicant to agree in writing to the conditions under which the plant pests will be safeguarded. The permits may be issued in a prescribed form or in letter form, or a combination thereof. A permit without conditions may be issued orally.</P> </SECTION> <SECTION> <SECTNO>§ 330.204</SECTNO> <SUBJECT>Denial or cancellation of permits; reconsiderations.</SUBJECT> <P>(a) The Deputy Administrator will deny an application for a permit to move a plant pest when, in his opinion, such movement would involve a danger of dissemination of the pest. Danger of plant pest dissemination may be deemed to exist when:</P> <P>(1) No acceptable safeguards adequate to prevent plant pest dissemination can be arranged;</P> <P>(2) The destructive potential of the plant pest to plants, and parts and products thereof, should it escape despite proposed safeguards, outweighs the probable benefits to be derived from the proposed movement and use of the pest;</P> <P>(3) The applicant, as a previous permittee, failed to maintain the safeguards or otherwise observe the conditions prescribed in a previous permit and failed to demonstrate his ability or intent to observe them in the future;</P> <P>(4) The movement is adverse to the conduct of an eradication, suppression, control, or regulatory program of the Animal and Plant Health Inspection Service; or</P> <P>(5) The movement is objected to in writing by an appropriate official of a State, Territory or possession, or the District of Columbia on the ground it will involve a danger of dissemination of the plant pest into the State, Territory or possession, or District.</P> <P>(b) The Deputy Administrator may cancel any outstanding permit whenever:</P> <P>(1) Information is received subsequent to the issuance of the permit of circumstances that constitute cause for the denial of an application for permit under paragraph (a) of this section; or</P> <P>(2) The permittee has not maintained the safeguards or otherwise observed the conditions specified in the permit or in any applicable regulations or administrative instructions.</P> <P>(c) Any person denied a permit, or whose permit has been canceled, may request the Deputy Administrator in person or in writing for a reconsideration, and may submit any additional information he may have to support the original application.</P> </SECTION> <SECTION> <SECTNO>§ 330.205</SECTNO> <SUBJECT>Disposal of plant pests when permits are canceled.</SUBJECT> <P>When an outstanding permit for the movement of a plant pest is canceled by the Deputy Administrator and not reinstated under § 330.204(c), the further movement of the plant pest covered thereby into or through the United States, or interstate, is prohibited by the Plant Protection Act unless authorized in another permit. The permittee should arrange for disposal of the plant pest involved in a manner satisfactory to the Deputy Administrator to prevent plant pest dissemination. The Deputy Administrator may, whenever he deems it necessary as an emergency measure in order to prevent the dissemination of any plant pest new to or not theretofore known to be widely prevalent or distributed within and throughout the United States, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as he deems appropriate, any plant pest which is moving without compliance with any conditions in the permit or the provisions of this part or after the permit has been canceled.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <PRTPAGE P="371"/> <SECTNO>§ 330.206</SECTNO> <SUBJECT>Permits for plant pest movement associated with National Defense projects.</SUBJECT> <P>The Deputy Administrator will facilitate research associated with National Defense projects through issuance of permits for movement of plant pests for such research, upon receiving assurance satisfactory to him that adequate safeguards will surround utilization of the plant pests to prevent their dissemination.</P> </SECTION> <SECTION> <SECTNO>§ 330.207</SECTNO> <SUBJECT>Permits for movement of organisms issued by other agencies.</SUBJECT> <P>Inspectors shall recognize permits for the movement of organisms issued under other acts by other Federal agencies. When such organisms are also plant pests, any further conditions of movement to carry out the purposes of the Plant Protection Act which have been prescribed in administrative instructions, or in correspondence concerning a single shipment, shall be complied with but no additional permit will be required under this part.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.208</SECTNO> <SUBJECT>Courtesy permits.</SUBJECT> <P>The Deputy Administrator may issue permits for the movement into or through the United States, or interstate, or organisms which are not subject to regulation under the Plant Protection Actor any other act, as a courtesy to facilitate movement when the movement might otherwise be impeded because of the similarity of the organisms with others regulated under the Plant Protection Act. He may likewise issue such permits on behalf of any agency requesting such action as a courtesy to facilitate movement for organisms not subject to regulation under the Plant Protection Act but subject to regulation under some other act.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.209</SECTNO> <SUBJECT>Permits for means of conveyance.</SUBJECT> <P>No permit shall be required for movement into or through the United States from any place outside thereof, or interstate, of a means of conveyance unless the primary purpose of such movement of the means of conveyance is to move plant pests.</P> </SECTION> <SECTION> <SECTNO>§ 330.210</SECTNO> <SUBJECT>Packing materials and containers for plant pest movement; host materials.</SUBJECT> <P>Plant pests moved into or through the United States, or interstate, must be free of soil, except when the Deputy Administrator approves in the permit the movement of soil with the plant pest. Subject to this exception, only approved packing materials are to be employed in the shipment of plant pests. Approved packing materials for the movement of plant pests under this part will be prescribed in administrative instructions or approved in specific cases by the Deputy Administrator. Such actions will be coordinated with and may supplement any requirements of the Post Office Department governing packing and packaging of any materials for movements covered by the postal laws and regulations. All containers shall be stoutly constructed so as to prevent breakage in transit and danger of plant pest dissemination and shall be labeled in accordance with § 330.211. The Deputy Administrator may allow the movement of host materials with plant pests under permits when they must necessarily accompany the pests, although such movement is otherwise barred under the Plant Protection Act.</P> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.210a</SECTNO> <SUBJECT>Administrative instructions listing approved packing materials for plant pests.</SUBJECT> <P>(a) The following materials are approved as packing materials for use with any shipment of plant pests in accordance with § 330.210:</P> <P>(1) Absorbent cotton or processed cotton padding free of cottonseed.</P> <P>(2) Cellulose materials.</P> <P>(3) Excelsior.</P> <P>(4) Felt.</P> <P>(5) Ground peat (peat moss).</P> <P>(6) Paper or paper products.</P> <P>(7) Phenolic resin foam.</P> <P>(8) Sawdust.</P> <P>(9) Sponge rubber.</P> <P>(10) Thread waste; twine; or cord.</P> <P>(11) Vermiculite.<PRTPAGE P="372"/> </P> <P>(b) Advance approval for the use of any other packing material for any specific movement should be obtained from the Deputy Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 330.211</SECTNO> <SUBJECT>Labeling of plant pests for movement under permits.</SUBJECT> <P>(a) <E T="03">Interstate movement.</E> For interstate movements of plant pests a label shall be attached to each parcel containing the pests as evidence that the movement of the plant pests is authorized. Such label shall also disclose the contents of the parcel.</P> <P>(b) <E T="03">Movement into or through the United States from places outside thereof by mail or cargo.</E> (1) When a permit authorizing the movement of plant pests into the United States from any place outside thereof is issued to an applicant under this part, it will be accompanied by distinctive labels, with instructions for their use by the foreign shipper. Such labels will be issued in quantity sufficient to permit attaching one to each parcel to be moved. The labels will direct the parcels to specified inspection stations of the Plant Protection and Quarantine Programs, or other designated points, for clearance. The stations will be notified by the Deputy Administrator in advance of the expected arrival of the plant pests. Plant pests so moved by mail may be refused entry unless the containers thereof bear such labels. Cargo shipments of plant pests so moved may be refused entry unless they bear such labels or are otherwise plainly marked to identify the contents.</P> <P>(2) Any labelling requirements with respect to the movement of plant pests through the United States will be included in shipping instructions issued as conditions of the permits.</P> <P>(c) <E T="03">Misuse of labels.</E> No labels unused in accordance with the terms of the permit may be used for the movement of any other plant pest. The Plant Protection Act provides for a penalty <SU>2</SU> <FTREF/> for the misuse of such labels. Any unauthorized movement of plant pests under a label will be refused by the inspector, and the plant pests may be destroyed or otherwise dealt with as set forth in § 330.106 if deemed necessary as an emergency measure.</P> <FTNT> <P> <SU>2</SU> Section 424 of the Plant Protection Act (7 U.S.C. 7734) provides that persons who violate this act, or who forge, counterfeit or—without authority from the Secretary—use, alter, deface, or destroy any certificate, permit or other document may, after notice and opportunity for a hearing, be assessed a civil penalty that does not exceed the greater of: (a) $50,000 for individuals, except that the civil penalty may not exceed $1,000 in the case of an initial violation by an individual moving regulated articles not for monetary gain; $250,000 for any other person or legal entity, such as partnerships, corporations, associations, or joint ventures; and $500,000 for all violations adjudicated in a single proceeding; or(b) twice the gross pecuniary gain derived from or loss caused by any violation, forgery, counterfeiting, unauthorized use, defacing, or destruction of a certificate, permit, or other document provided for by this act. Section 424 of the Plant Protection Act also provides penalties for criminal violations, under which knowing violators of the act may be found guilty of a misdemeanor and, upon conviction, fined in accordance with title 18 of the United States Code, imprisoned for a period not to exceed 1 year, or both.</P> </FTNT> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.212</SECTNO> <SUBJECT>Movement of plant pests by baggage.</SUBJECT> <P>Persons proposing to move plant pests into or through the United States from any place outside thereof, or from any Territory or possession into or through any other Territory or possession, or the Continental United States, by baggage, shall show the permit authorizing the movement to the inspector upon arrival at the port where the baggage is inspected. The conditions specified for the movement must be observed. The inspector will insure that the movement is handled in accordance with the terms of the permit. If it is necessary to move the plant pest to another place for clearance, the owner will be responsible for all costs incidental to such forwarding. Pending forwarding, the inspector will specify and supervise the application of safeguards against danger of plant pest dissemination and may retain custody of the pests until forwarded.</P> </SECTION> </SUBPART> <SUBPART> <PRTPAGE P="373"/> <HD SOURCE="HED">Subpart—Movement of Soil, Stone, And Quarry Products</HD> <SECTION> <SECTNO>§ 330.300</SECTNO> <SUBJECT>Soil from foreign countries or Territories or possessions.<SU>1</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>1</SU> The movement of soil from Puerto Rico into or through any other State, Territory, or District of the United States is also subject to the provisions of the imported fire ant quarantine and regulations contained in 7 CFR 301.81 <E T="03">et seq.</E> </P> </FTNT> <P>No soil shall be moved into or through the United States from any place outside thereof or from any Territory or possession into or through any other Territory or possession or the Continental United States, whether the soil is moved as such or incidentally adhering to means of conveyance or other articles, except as authorized in § 318.60 or § 319.69 of this chapter, or this subpart.</P> <P>(a) <E T="03">Permits authorized.</E> The Deputy Administrator may issue permits under this section for movements of soil not governed by § 318.60 or § 319.69 of this chapter, for research, analytical, religious, ceremonial, patriotic, or similar purposes, or such other purposes as he shall deem consistent with the objectives of this part, specifying in the permit or in the related correspondence, the safeguards, including methods of treatment, or other conditions which he deems necessary for the purpose of preventing the dissemination of plant pests into the United States or interstate. Whenever it is possible to formulate a general rule specifying such conditions, it shall be promulgated in administrative instructions and the applicable provisions thereof may be incorporated into a permit by citation, but shall be applicable whether or not so cited.</P> <P>(b) <E T="03">Application for permits.</E> Only persons resident in the United States may apply for permits under this section to move soil into the United States from any place outside thereof, or from any territory or possession into or through any other Territory or possession or the Continental United States. Persons resident in the United States contemplating such movements, or any persons contemplating movement through the United States, of soil under this section shall first make application for permits authorizing such movement by submitting to the Plant Protection and Quarantine Programs the form provided therefor by the Plant Protection and Quarantine Programs or by submitting, in the form of a letter or other written communication, the following information: Origin of the shipment, destination, quantity, method of shipment, proposed port of first arrival in the United States, port of export (if applicable), approximate date of arrival in the United States, intended use, measures to be employed to prevent danger of plant pest dissemination, method of final disposition, and the number of parcels expected to be moved. In acting upon the application for permits for such movement of soil, the Deputy Administrator will follow the procedures outlined in § 330.202 for the consideration of applications for permits to move plant pests insofar as they are applicable.</P> <P>(c) <E T="03">Issuance of permits; conditions of permits.</E> Upon the approval of an application for a permit authorizing the movement of soil under this section, the permit will be issued. The permit may contain any conditions which are necessary, in the opinion of the Deputy Administrator, to prevent dissemination of plant pests into the United States or interstate, including conditions with respect to routing, packing, and labeling of the soil. The Deputy Administrator may require the applicant to agree in writing to such conditions prior to the issuance of the permit. The importer will receive, as a part of the permit, information on the manner in which the importation is to be made. A permit without conditions may be issued orally.</P> <P>(d) <E T="03">Containers; labels.</E> All containers for soil moved under this section shall be stoutly constructed so as to prevent breakage in transit and danger of plant pest dissemination and shall be appropriately labeled as to contents. If the soil is moved by mail, special mailing labels will be issued to the importer, with instructions for their use, which he is to send to the foreign shipper. The quantity of mailing labels issued will be sufficient for the foreign shipper to attach one to each parcel moved <PRTPAGE P="374"/>by mail. Such mailing labels will indicate to the postal and the plant quarantine officials that the movement is authorized under the conditions specified in this permit. Importations arriving by mail without labels will be subject to refusal of entry into the United States, or interstate movement, by the inspector unless treated, at the expense of the owner, in a manner to remove danger of plant pest dissemination. The Deputy Administrator may issue mailing labels for movement into or through the United States from any place outside thereof, or from any Territory or possession into or through any other Territory or possession of the continental United States, of earth other than soil when the movement might otherwise be impeded because of the similarity to soil subject to this section.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[24 FR 10855, Dec. 29, 1959, as amended at 47 FR 36103, Aug. 19, 1982; 48 FR 57466, Dec. 30, 1983; 62 FR 65009, Dec. 10, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.300a</SECTNO> <SUBJECT>Administrative instructions ex-empting soil from parts of Canada from certain restrictions.</SUBJECT> <P>Soil of Canadian origin except soil from Newfoundland and the Land District of Central Saanich on Vancouver Island of British Columbia may be moved into or through the United States from Canada free from the permit requirements of § 330.300 and the release requirements of § 330.105 but subject to inspection under § 330.105 and disposal under § 330.106, if the inspection discloses any plant pest new to or not theretofore widely prevalent or distributed within and throughout the United States. Such soil is also subject to all applicable requirements under part 319 of this chapter. <SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Sod from Canada is regulated by § 319.37-5 of this chapter.</P> </FTNT> <CITA>[34 FR 13148, Aug. 14, 1969, as amended at 62 FR 50239, Sept. 25, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 330.301</SECTNO> <SUBJECT>Stone and quarry products from certain areas in Canada.</SUBJECT> <P>Stone and quarry products from areas in Canada infested with the gypsy moth may be moved from Canada into or through the United States only into or through areas regulated by the gypsy moth and browntail moth quarantine and regulations in §§ 301.45, 301.45-1 et seq. of this chapter; or into or through other areas in the United States under conditions paralleling the requirements of said quarantine and regulations for movement of stone and quarry products from said regulated areas into such other areas of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 330.302</SECTNO> <SUBJECT>Domestic movements of earth (including soil), stone, etc.</SUBJECT> <P>The interstate movement from regulated areas in the Continental United States of earth (including soil), stone, quarry products, and similar substances is regulated in §§ 301.45, 301.48, 301.72, 301.77, 301.78, 301.79, 301.80, and 301.81 of this chapter and may be made only in accordance with the requirements of these sections. Any such movement of earth, stone, quarry products and similar substances which may hereafter be regulated in part 301 of this chapter may likewise be made only in accordance with the requirements of said part. The interstate movement of such materials of United States origin, from any place in the Continental United States, is not regulated by this part.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Garbage</HD> <SECTION> <SECTNO>§ 330.400</SECTNO> <SUBJECT>Regulation of certain garbage.</SUBJECT> <P>(a) Hawaii, Puerto Rico, the Virgin Islands of the United States, Guam, and all other Insular Possessions of the United States are hereby quarantined, and the movement therefrom to other parts of the United States of garbage is hereby regulated as provided in this section to prevent the spread of dangerous plant diseases and insect pests specified in §§ 318.13, 318.58, and 318.82 or other plant pests which exist in these areas. Also, to prevent the dissemination of plant pests and livestock and poultry diseases, garbage is regulated as otherwise provided in this part because of international movements of means of conveyance.</P> <P>(b) <E T="03">Garbage.</E> For purposes of this part, “garbage” means all waste material derived in whole or in part from fruits, vegetables, meats, or other plant or <PRTPAGE P="375"/>animal (including poultry) material, and other refuse of any character whatsoever that has been associated with any such material on board any means of conveyance, and including food scraps, table refuse, galley refuse, food wrappers or packaging materials, and other waste material from stores, food preparation areas, passengers’ or crews’ quarters, dining rooms, or any other areas on means of conveyance. For purposes of this part, garbage also means meals and other food that were available for consumption by passengers and crew on an aircraft but were not consumed. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Not all garbage is regulated for the purposes of this part. Garbage regulated for the purposes of this part is defined as “regulated garbage” in paragraphs (c) and (d) of this section.</P> </NOTE> <P>(c) <E T="03">Garbage regulated because of movements outside the United States or Canada.</E> For purposes of this part, garbage on or removed from a means of conveyance is regulated garbage, if, when the garbage is on or removed from the means of conveyance, the means of conveyance has been in any port outside the United States and Canada within the previous 2-year period. There are, however, two exceptions to this provision. These exceptions are as follows:</P> <P>(1) <E T="03">Exception 1.</E> Garbage on or removed in the United States from a means of conveyance other than an aircraft is exempt from requirements under paragraph (c) of this section, if the following conditions are met when the garbage is on or removed from the means of conveyance:</P> <P>(i) The means of conveyance is accompanied by a certificate from an inspector stating the following:</P> <P>(A) That the means of conveyance had previously been cleared of all garbage and of all meats and meat products, whatever the country of origin, except meats that are shelf-stable; all fresh and condensed milk and cream from countries designated in 9 CFR 94.1 as those in which foot-and-mouth disease exists; all fresh fruits and vegetables; and all eggs; and the items cleared from the means of conveyance as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraph (g)(1) of this section.</P> <P>(B) That the means of conveyance had then been cleaned and disinfected in the presence of the inspector; and</P> <P>(ii) Since being cleaned and disinfected, the means of conveyance has not been in a non-Canadian foreign port.</P> <P>(2) <E T="03">Exception 2.</E> Garbage on or removed from an aircraft is exempt from requirements under paragraph (c) of this section if the following conditions are met when the garbage is on or removed from the aircraft:</P> <P>(i) The aircraft had been cleared of all garbage and all stores; and the items cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraph (g)(1) of this section.</P> <P>(ii) After the garbage and stores referred to in paragraph (c)(2)(i) of this section were removed, the aircraft has not been in a non-Canadian foreign port.</P> <P>(d) <E T="03">Garbage regulated because of certain movements to or from Hawaii, territories, or possessions.</E> For purposes of this part, garbage on or removed from a means of conveyance is regulated garbage, if at the time the garbage is on or removed from the means of conveyance, the means of conveyance has moved during the previous one-year period, either directly or indirectly, to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii, or to Hawaii from any territory or possession. There are, however, two exceptions to this provision. These exceptions are as follows:</P> <P>(1) <E T="03">Exception 1</E>. Garbage on or removed from a means of conveyance other than an aircraft is exempt from requirements under paragraph (d) of this section if the following two conditions are met when the garbage is on or removed from the means of conveyance:</P> <P>(i) The means of conveyance is accompanied by certificate from an inspector, saying that the means of conveyance had been cleared of all garbage and all fresh fruits and vegetables; and <PRTPAGE P="376"/>the items cleared from the means of conveyance as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraph (g)(1) of this section.</P> <P>(ii) After being cleared of the garbage and stores referred to in paragraph (d)(1)(i) of this section, the means of conveyance has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any territory or possession.</P> <P>(2) <E T="03">Exception 2.</E> Garbage on or removed from an aircraft is exempt from requirements under paragraph (d) of this section if the following two conditions are met when the garbage is on or removed from the aircraft:</P> <P>(i) The aircraft had been previously cleared of all garbage and all fresh fruits and vegetables; and the items cleared from the aircraft as prescribed by this paragraph have been disposed of according to the procedures for disposing of regulated garbage, as specified in paragraph (g)(1) of this section.</P> <P>(ii) After the garbage and stores referred to in paragraph (d)(2)(i) of this section were removed, the aircraft has not moved to the continental United States from any territory or possession or from Hawaii; to any territory or possession from any other territory or possession or from Hawaii; or to Hawaii from any territory or possession.</P> <P>(e) Garbage that is commingled with regulated garbage is also regulated garbage.</P> <P>(f) <E T="03">Restrictions on regulated garbage.</E> </P> <P>(1) Regulated garbage may not be disposed of, placed on, or removed from a means of conveyance except in accordance with this part.</P> <P>(2) Regulated garbage is subject to general surveillance for compliance with this section by Animal and Plant Health Inspection Service inspectors and to disposal measures authorized by sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731), section 2 of the Act of February 2, 1903, as amended (21 U.S.C. 111), and section 306 of the Act of July 17, 1930, as amended (19 U.S.C. 1306), to prevent the introduction and dissemination of pests and diseases of plants, livestock, and poultry.</P> <P>(g)(1) All regulated garbage must be contained in tight, leak-proof covered receptacles during storage on board a means of conveyance while in the territorial waters, or while otherwise within the territory of the United States. All such receptacles shall be contained inside the guard rail if on a watercraft. Such regulated garbage shall not be unloaded from such means of conveyance in the United States unless such regulated garbage is removed in tight, leak-proof receptacles under the direction of an Animal and Plant Health Inspection Service inspector to an approved facility for incineration, sterilization, or grinding into an approved sewage system, under supervision by such an inspector, or such regulated garbage is removed for other handling in such manner and under such supervision as may, upon request in specific cases, be approved by the Administrator as complying with the applicable laws for environmental protection and as adequate to prevent the dissemination into or within the United States of plant pests and livestock or poultry diseases. <E T="03">Provided that,</E> a cruise ship may dispose of regulated garbage in landfills at Alaskan ports only, if and only if the cruise ship does not have prohibited or restricted meat or animal products on board at the time it enters Alaskan waters for the cruise season, and only if the cruise ship, except for incidental travel through international waters necessary to navigate safely between ports, remains in Canadian and U.S. waters off the west coast of North America, and calls only at continental U.S. and Canadian ports during the entire cruise season.</P> <P>(2) Application for approval of a facility or sewage system may be made in writing by the authorized representative of any carrier or by the official having jurisdiction over the port or place of arrival of the means of conveyance, to the Administrator, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250. The application shall be endorsed by the operator of the facility or sewage system. Approval will be granted if the Administrator determines that the requirements set forth <PRTPAGE P="377"/>in this section are met. Approval may be denied or withdrawn at any time, if the Administrator determines that such requirements are not met, after notice of the proposed denial or withdrawal of the approval and the reasons therefor, and an opportunity to demonstrate or achieve compliance with such requirements, has been afforded to the operator of the facility or sewage system and to the applicant for approval. However, approval may also be withdrawn without such prior procedure in any case in which the public health, interest, or safety requires immediate action, and in such case, the operator of the facility or sewage system and the applicant for approval shall promptly thereafter be given notice of the withdrawal and the reasons therefor and an opportunity to show cause why the approval should be reinstated. </P> <P>(h) The Plant Protection and Quarantine Programs and Veterinary Services, Animal, and Plant Health Inspection Service, will cooperate with other Federal, State, and local agencies responsible for enforcing other statutes and regulations governing disposal of the regulated garbage to the end that such disposal shall be adequate to prevent the dissemination of plant pests and livestock or poultry diseases and comply with applicable laws for environmental protection. The inspectors, in maintaining surveillance over regulated garbage movements and disposal, shall coordinate their activities with the activities of representatives of the Environmental Protection Agency and other Federal, State, and local agencies also having jurisdiction over such regulated garbage.</P> <P>(i) As used in this section:</P> <P>(1) <E T="03">Sterilization</E>” means cooking regulated garbage at 212 °F. for 30 minutes and disposal of the residue by burying in a landfill, except that the burial provisions do not apply to materials extracted from the residue after cooking and determined by the Administrator to be unsuitable for use as food or as soil additives.</P> <P>(2) <E T="03">Incineration</E> means to reduce the regulated garbage to ash by burning;</P> <P>(3) <E T="03">Approved sewage system</E> means a sewage system approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that the system is designed and operated in such a way as to preclude the discharge of sewage effluents onto land surfaces or into lagoons or other stationary waters, and otherwise is adequate to prevent the dissemination of plant pests and livestock or poultry diseases, and that is certified by an appropriate Government official as currently complying with the applicable laws for environmental protection.</P> <P>(4) <E T="03">Approved facility</E> means a facility approved by the Administrator, Animal and Plant Health Inspection Service, upon his determination that it has equipment and uses procedures that are adequate to prevent the dissemination of plant pests and livestock or poultry diseases, and that it is certified by an appropriate Government official as currently complying with the applicable laws for environmental protection.</P> <P>(5) <E T="03">Carrier</E> means the principal operator of a means of conveyance.</P> <P>(j) <E T="03">Compliance agreement and cancellation.</E> (1) Any person engaged in the business of handling or disposing of regulated garbage must first enter into a compliance agreement with the Animal and Plant Health Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) are available without charge from local USDA/APHIS/Plant Protection and Quarantine offices, which are listed in telephone directories.</P> <P>(2) A person who enters into a compliance agreement, and employees or agents of that person, shall comply with the following conditions and any supplemental conditions which shall be listed in the compliance agreement, as deemed by the Administrator to be necessary to prevent the dissemination into or within the United States of plant pests and livestock or poultry diseases:</P> <P>(i) Comply with the provisions of 7 CFR 330.400;</P> <P>(ii) Allow APHIS inspectors access to all records maintained by the person regarding handling or disposal of regulated garbage, and to all areas where handling or disposal of regulated garbage occurs;<PRTPAGE P="378"/> </P> <P>(iii) Remove regulated garbage from a means of conveyance only in tight, leak-proof receptacles;</P> <P>(iv) Move the receptacles of regulated garbage only to a facility approved in accordance with § 330.400(g)(2); and</P> <P>(v) At the approved facility, dispose of the regulated garbage only through incineration, sterilization, grinding into a sewage system approved in accordance with § 330.400(g)(2), or in any other manner approved by the Administrator and described in the compliance agreement.</P> <P>(3) Approval for a compliance agreement may be denied at any time if the Administrator determines that the requirements set forth in this subpart are not met, after notice of, and the reasons for, the proposed denial of the approval, and an opportunity to demonstrate or achieve compliance with such requirements, has been afforded to the compliance agreement applicant.</P> <P>(4) Any compliance agreement may be canceled in writing by the Administrator whenever it is found that the person who has entered into the compliance agreement has failed to comply with this subpart. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. This administrative remedy must be exhausted before a person can file suit in court challenging the cancellation of a compliance agreement.</P> <P>(5) Where a compliance agreement is denied or cancelled, regulated garbage may continue to be unloaded from a means of conveyance and disposed of at an approved facility in accordance with § 330.400(g)(1).</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054.)</APPRO> <CITA>[39 FR 32320, Sept. 6, 1974, as amended at 43 FR 39954, Sept. 8, 1978; 45 FR 80268, Dec. 4, 1980; 48 FR 57466, Dec. 30, 1983; 58 FR 66248, Dec. 20, 1993; 62 FR 19903, Apr. 24, 1997; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> </PART> <PART> <RESERVED>PART 331—PLANT PEST REGULATIONS GOVERNING INTERSTATE MOVEMENT OF CERTAIN PRODUCTS AND ARTICLES [RESERVED]</RESERVED> </PART> <PART> <EAR>Pt. 340</EAR> <HD SOURCE="HED">PART 340—INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>340.0</SECTNO> <SUBJECT>Restrictions on the introduction of regulated articles.</SUBJECT> <SECTNO>340.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>340.2</SECTNO> <SUBJECT>Groups of organisms which are or contain plant pests and exemptions.</SUBJECT> <SECTNO>340.3</SECTNO> <SUBJECT>Notification for the introduction of certain regulated articles.</SUBJECT> <SECTNO>340.4</SECTNO> <SUBJECT>Permits for the introduction of a regulated article.</SUBJECT> <SECTNO>340.5</SECTNO> <SUBJECT>Petition to amend the list of organisms.</SUBJECT> <SECTNO>340.6</SECTNO> <SUBJECT>Petition for determination of nonregulated status.</SUBJECT> <SECTNO>340.7</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <SECTNO>340.8</SECTNO> <SUBJECT>Container requirements for the movement of regulated articles.</SUBJECT> <SECTNO>340.9</SECTNO> <SUBJECT>Cost and charges.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 166, 1622n, 7756, and 7761-7772; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>52 FR 22908, June 16, 1987, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 340.0</SECTNO> <SUBJECT>Restrictions on the introduction of regulated articles.</SUBJECT> <P>(a) No person shall introduce any regulated article unless the Administrator is:</P> <P>(1) Notified of the introduction in accordance with § 340.3, or such introduction is authorized by permit in accordance with § 340.4, or such introduction is conditionally exempt from permit requirements under § 340.2(b); and<PRTPAGE P="379"/> </P> <P>(2) Such introduction is in conformity with all other applicable restrictions in this part.<SU>1</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Part 340 regulates, among other things, the introduction of organisms and products altered or produced through genetic engineering that are plant pests or are believed to be plant pests. The introduction into the United States of such articles also may be subject to other regulations promulgated under the Plant Protection Act (7 U.S.C. 7701-7772) and found in 7 CFR parts 319, 330, and 360. For example, under regulations promulgated in “Subpart-Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products” (7 CFR 319.37-3), a permit is required for the importation of certain classes of nursery stock whether such stock is genetically engineered or not. Accordingly, individuals should refer to those regulations before importing any nursery stock.</P> </FTNT> <P>(b) Any regulated article introduced not in compliance with the requirements of this part shall be subject to the immediate application of such remedial measures or safeguards as an inspector determines necessary to prevent the introduction of such plant pests.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>2</SU>An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 411, 412, 421, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and 7754).</P> </FTNT> <CITA>[52 FR 22908, June 16, 1987, as amended at 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 2, 1997; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean:</P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service (APHIS) or any other employee of APHIS to whom authority has been or may be delegated to act in the Administrator's stead.</P> <P> <E T="03">Animal and Plant Health Inspection Service (APHIS).</E> An agency of the United States Department of Agriculture.</P> <P> <E T="03">Antecedent organism.</E> An organism that has already been the subject of a determination of nonregulated status by APHIS under § 340.6, and that is used as a reference for comparison to the regulated article under consideration under these regulations.</P> <P> <E T="03">Courtesy permit.</E> A written permit issued by the Administrator, in accordance with § 340.4(h).</P> <P> <E T="03">Donor organism.</E> The organism from which genetic material is obtained for transfer to the recipient organism.</P> <P> <E T="03">Environment.</E> All the land, air, and water; and all living organisms in association with land, air and water.</P> <P> <E T="03">Expression vector.</E> A cloning vector designed so that a coding sequence inserted at a particular site will be transcribed and translated into protein.</P> <P> <E T="03">Genetic engineering.</E> The genetic modification of organisms by recombinant DNA techniques.</P> <P> <E T="03">Inspector.</E> Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Administrator, in accordance with law to enforce the provisions of this part.</P> <P> <E T="03">Interstate.</E> From any State into or through any other State.</P> <P> <E T="03">Introduce or introduction.</E> To move into or through the United States, to release into the environment, to move interstate, or any attempt thereat.</P> <P> <E T="03">Move (moving, movement).</E> To ship, offer for shipment, offer for entry, import, receive for transportation, carry, or otherwise transport or move, or allow to be moved into, through, or within the United States.</P> <P> <E T="03">Organism.</E> Any active, infective, or dormant stage or life form of an entity characterized as living, including vertebrate and invertebrate animals, plants, bacteria, fungi, mycoplasmas, mycoplasma-like organisms, as well as entities such as viroids, viruses, or any entity characterized as living, related to the foregoing.</P> <P> <E T="03">Permit.</E> A written permit issued by the Administrator, for the introduction of a regulated article under conditions determined by the Administrator, not to present a risk of plant pest introduction.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, or other organized group.<PRTPAGE P="380"/> </P> <P> <E T="03">Plant.</E> Any living stage or form of any member of the plant kingdom <SU>3</SU> <FTREF/> including, but not limited to, eukaryotic algae, mosses, club mosses, ferns, angiosperms, gymnosperms, and lichens (which contain algae) including any parts (e.g. pollen, seeds, cells, tubers, stems) thereof, and any cellular components (e.g. plasmids, ribosomes, etc.) thereof.</P> <FTNT> <P> <SU>3</SU> The taxonomic scheme for the plant kingdom is that found in Synopsis and Classification of Living Organisms by S.P. Parker, McGraw Hill (1984).</P> </FTNT> <P> <E T="03">Plant pest.</E> Any living stage (including active and dormant forms) of insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof; viruses; or any organisms similar to or allied with any of the foregoing; or any infectious agents or substances, which can directly or indirectly injure or cause disease or damage in or to any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Product.</E> Anything made by or from, or derived from an organism, living or dead.</P> <P> <E T="03">Recipient organism.</E> The organism which receives genetic material from a donor organism.</P> <P> <E T="03">Regulated article.</E> Any organism which has been altered or produced through genetic engineering, if the donor organism, recipient organism, or vector or vector agent belongs to any genera or taxa designated in § 340.2 and meets the definition of plant pest, or is an unclassified organism and/or an organism whose classification is unknown, or any product which contains such an organism, or any other organism or product altered or produced through genetic engineering which the Administrator, determines is a plant pest or has reason to believe is a plant pest. Excluded are recipient microorganisms which are not plant pests and which have resulted from the addition of genetic material from a donor organism where the material is well characterized and contains only non-coding regulatory regions.</P> <P> <E T="03">Release into the environment.</E> The use of a regulated article outside the constraints of physical confinement that are found in a laboratory, contained greenhouse, or a fermenter or other contained structure.</P> <P> <E T="03">Responsible person.</E> The person who has control and will maintain control over the introduction of the regulated article and assure that all conditions contained in the permit and requirements in this part are complied with. A responsible person shall be a resident of the United States or designate an agent who is a resident of the United States.</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his/her stead has been or may hereafter be delegated.</P> <P> <E T="03">Stably integrated.</E> The cloned genetic material is contiguous with elements of the recipient genome and is replicated exclusively by mechanisms used by recipient genomic DNA.</P> <P> <E T="03">State.</E> Any State, the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other Territories or Districts of the United States.</P> <P> <E T="03">State regulatory official.</E> State official with responsibilities for plant health, or any other duly designated State official, in the State where the introduction is to take place.</P> <P> <E T="03">United States.</E> All of the States.</P> <P> <E T="03">Vector or vector agent.</E> Organisms or objects used to transfer genetic material from the donor organism to the recipient organism.</P> <P> <E T="03">Well-characterized and contains only non-coding regulatory regions</E> (e.g. operators, promoters, origins of replication, terminators, and ribosome binding regions). The genetic material added to a microorganism in which the following can be documented about such genetic material: (a) The exact nucleotide base sequence of the regulatory region and any inserted flanking nucleotides; (b) The regulatory region and any inserted flanking nucleotides do not code for protein or peptide; and (c) The regulatory region solely controls the activity of other sequences that code for protein or peptide molecules or act as <PRTPAGE P="381"/>recognition sites for the initiation of nucleic acid or protein synthesis.</P> <CITA>[52 FR 22908, June 16, 1987, as amended at 53 FR 12913, Apr. 20, 1988; 55 FR 53276, Dec. 28, 1990; 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.2</SECTNO> <SUBJECT>Groups of organisms which are or contain plant pests and exemptions.</SUBJECT> <P>(a) <E T="03">Groups of organisms which are or contain plant pests.</E> The organisms that are or contain plant pests are included in the taxa or group of organisms contained in the following list. Within any taxonomic series included on the list, the lowest unit of classification actually listed is the taxon or group which may contain organisms which are regulated. Organisms belonging to all lower taxa contained within the group listed are included as organisms that may be or may contain plant pests, and are regulated <E T="03">if they meet the definition of plant pest in § 340.1</E> <SU>4</SU> <FTREF/> </P> <FTNT> <P> <SU>4</SU> Any organism belonging to any taxa contained within any listed genera or taxa is only considered to be a plant pest if the organism “can directly or indirectly injure, or cause disease, or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.” Thus a particular unlisted species within a listed genus would be deemed a plant pest for purposes of § 340.2, if the scientific literature refers to the organism as a cause of direct or indirect injury, disease, or damage to any plants, plant parts or products of plants. (If there is any question concerning the plant pest status of an organism belonging to any listed genera or taxa, the person proposing to introduce the organism in question should consult with APHIS to determine if the organism is subject to regulation.)</P> </FTNT> <NOTE> <HD SOURCE="HED">Note:</HD> <P>Any genetically engineered organism composed of DNA or RNA sequences, organelles, plasmids, parts, copies, and/or analogs, of or from any of the groups of organisms listed below shall be deemed a regulated article if it also meets the definition of plant pest in § 340.1.</P> </NOTE> <EXTRACT> <HD SOURCE="HD1">GROUP</HD> <HD SOURCE="HD1">Viroids</HD> <HD SOURCE="HD2">Superkingdom Prokaryotae</HD> <HD SOURCE="HD2">Kingdom Virus</HD> <FP SOURCE="FP-2">All members of groups containing plant viruses, and all other plant and insect viruses</FP> <HD SOURCE="HD2">Kingdom Monera</HD> <HD SOURCE="HD1">Division Bacteria</HD> <FP SOURCE="FP-2">Family Pseudomonadaceae</FP> <FP SOURCE="FP1-2">Genus Pseudomonas</FP> <FP SOURCE="FP1-2">Genus Xanthomonas</FP> <FP SOURCE="FP-2">Family Rhizobiaceae</FP> <FP SOURCE="FP1-2">Genus Rhizobium</FP> <FP SOURCE="FP1-2">Genus Bradyrhizobium</FP> <FP SOURCE="FP1-2">Genus Agrobacterium</FP> <FP SOURCE="FP1-2">Genus Phyllobacterium</FP> <FP SOURCE="FP-2">Family Enterobacteriaceae</FP> <FP SOURCE="FP1-2">Genus Erwinia</FP> <FP SOURCE="FP-2">Family Streptomycetaceae</FP> <FP SOURCE="FP1-2">Genus Streptomyces</FP> <FP SOURCE="FP-2">Family Actinomycetacease</FP> <FP SOURCE="FP1-2">Genus Actinomyces</FP> <HD SOURCE="HD3">Coryneform group</HD> <FP SOURCE="FP1-2">Genus Clavibacter</FP> <FP SOURCE="FP1-2">Genus Arthrobacter</FP> <FP SOURCE="FP1-2">Genus Curtobacterium</FP> <FP SOURCE="FP1-2">Genus Corynebacteria</FP> <FP SOURCE="FP-2">Gram-negative phloem-limited bacteria associated with plant diseases</FP> <FP SOURCE="FP-2">Gram-negative xylem-limited bacteria associated with plant diseases</FP> <FP SOURCE="FP-2">And all other bacteria associated with plant or insect diseases</FP> <FP SOURCE="FP-2">Rickettsiaceae</FP> <FP SOURCE="FP1-2">Rickettgial-like organisms associated with insect diseases</FP> <HD SOURCE="HD3">Class Mollicutes</HD> <FP SOURCE="FP-2">Order Mycoplasmatales</FP> <FP SOURCE="FP-2">Family Spiroplasmataceae</FP> <FP SOURCE="FP1-2">Genus Spiroplasma</FP> <FP SOURCE="FP-2">Mycoplasma-like organisms associated with plant diseases</FP> <FP SOURCE="FP-2">Mycoplasma-like organisms associated with insect diseases</FP> <HD SOURCE="HD2">Superkingdom Eukaryotae</HD> <HD SOURCE="HD2">Kingdom Plantae</HD> <HD SOURCE="HD2">Subkingdom Thallobionta</HD> <HD SOURCE="HD3">Division Chlorophyta</HD> <FP SOURCE="FP1-2">Genus Cephaleuros</FP> <FP SOURCE="FP1-2">Genus Rhodochytrium</FP> <FP SOURCE="FP1-2">Genus Phyllosiphon</FP> <HD SOURCE="HD3">Division Myxomycota</HD> <FP SOURCE="FP-2">Class Plasmodiophoromycetes</FP> <HD SOURCE="HD3">Division Eumycota</HD> <HD SOURCE="HD3">Class Chytridiomycetes</HD> <FP SOURCE="FP-2">Order Chytridiales</FP> <HD SOURCE="HD3">Class Oomycetes</HD> <FP SOURCE="FP-2">Order Lagenidiales</FP> <FP SOURCE="FP-2">Family Lagenidiaceae</FP> <FP SOURCE="FP-2">Family Olpidiopsidaceae</FP> <FP SOURCE="FP-2">Order Peronosporales<PRTPAGE P="382"/> </FP> <FP SOURCE="FP-2">Family Albuginaceae</FP> <FP SOURCE="FP-2">Family Peronosporaceae</FP> <FP SOURCE="FP-2">Family Pythiaceae</FP> <FP SOURCE="FP-2">Order Saprolegniales</FP> <FP SOURCE="FP-2">Family Saprolegniaceae</FP> <FP SOURCE="FP-2">Family Leptolegniellaceae</FP> <HD SOURCE="HD3">Class Zygomycetes</HD> <FP SOURCE="FP-2">Order Mucorales</FP> <FP SOURCE="FP-2">Family Choanephoraceae</FP> <FP SOURCE="FP-2">Family Mucoraceae</FP> <FP SOURCE="FP-2">Family Entomophthoraceae</FP> <HD SOURCE="HD3">Class Hemiascomycetes</HD> <FP SOURCE="FP-2">Family Protomycetaceae</FP> <FP SOURCE="FP-2">Family Taphrinaceae</FP> <HD SOURCE="HD3">Class Loculoascomycetes</HD> <FP SOURCE="FP-2">Order Myriangiales</FP> <FP SOURCE="FP-2">Family Elsinoeaceae</FP> <FP SOURCE="FP-2">Family Myriangiaceae</FP> <FP SOURCE="FP-2">Order Asterinales</FP> <FP SOURCE="FP-2">Order Dothideales</FP> <FP SOURCE="FP-2">Order Chaetothyriales</FP> <FP SOURCE="FP-2">Order Hysteriales</FP> <FP SOURCE="FP-2">Family Parmulariaceae</FP> <FP SOURCE="FP-2">Family Phillipsiellaceae</FP> <FP SOURCE="FP-2">Family Hysteriaceae</FP> <FP SOURCE="FP-2">Order Pleosporales</FP> <FP SOURCE="FP-2">Order Melanommatales</FP> <HD SOURCE="HD3">Class Plectomycetes</HD> <FP SOURCE="FP-2">Order Eurotiales</FP> <FP SOURCE="FP-2">Family Ophiostomataceae</FP> <FP SOURCE="FP-2">Order Ascophaerales</FP> <HD SOURCE="HD3">Class Pyrenomycetes</HD> <FP SOURCE="FP-2">Order Erysiphales</FP> <FP SOURCE="FP-2">Order Meliolales</FP> <FP SOURCE="FP-2">Order Xylariales</FP> <FP SOURCE="FP-2">Order Diaporthales</FP> <FP SOURCE="FP-2">Order Hypocreales</FP> <FP SOURCE="FP-2">Order Clavicipitales</FP> <HD SOURCE="HD3">Class Discomycetes</HD> <FP SOURCE="FP-2">Order Phacidiales</FP> <FP SOURCE="FP-2">Order Helotiales</FP> <FP SOURCE="FP-2">Family Ascocorticiceae</FP> <FP SOURCE="FP-2">Family Hemiphacidiaceae</FP> <FP SOURCE="FP-2">Family Dermataceae</FP> <FP SOURCE="FP-2">Family Sclerotiniaceae</FP> <FP SOURCE="FP-2">Order Cytarriales</FP> <FP SOURCE="FP-2">Order Medeolariales</FP> <FP SOURCE="FP-2">Order Pezziales</FP> <FP SOURCE="FP-2">Family Sarcosomataceae</FP> <FP SOURCE="FP-2">Family Sarcoscyphaceae</FP> <HD SOURCE="HD3">Class Teliomycetes</HD> <HD SOURCE="HD3">Class Phragmobasidiomycetes</HD> <FP SOURCE="FP-2">Family Auriculariaceae</FP> <FP SOURCE="FP-2">Family Ceratobasidiaceae</FP> <HD SOURCE="HD3">Class Hymenomycetes</HD> <FP SOURCE="FP-2">Order Exobasidiales</FP> <FP SOURCE="FP-2">Order Agaricales</FP> <FP SOURCE="FP-2">Family Corticiaceae</FP> <FP SOURCE="FP-2">Family Hymenochaetaceae</FP> <FP SOURCE="FP-2">Family Echinodontiaceae</FP> <FP SOURCE="FP-2">Family Fistulinaceae</FP> <FP SOURCE="FP-2">Family Clavariaceae</FP> <FP SOURCE="FP-2">Family Polyporaceae</FP> <FP SOURCE="FP-2">Family Tricholomataceae</FP> <HD SOURCE="HD3">Class Hyphomycetes</HD> <HD SOURCE="HD3">Class Coelomycetes</HD> <FP SOURCE="FP-2">And all other fungi associated with plant or insect diseases</FP> <HD SOURCE="HD2">Subkingdom Embryobionta</HD> <NOTE> <HD SOURCE="HED">Note:</HD> <P> <E T="03">Organisms listed in the Code of Federal Regulations as noxious weeds are regulated under the Federal Noxious Weed Act</E> </P> </NOTE> <HD SOURCE="HD3">Division Magnoliophyta</HD> <FP SOURCE="FP-2">Family Balanophoraceae—parasitic species</FP> <FP SOURCE="FP-2">Family Cuscutaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Hydnoraceae—parasitic species</FP> <FP SOURCE="FP-2">Family Krameriaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Lauraceae—parasitic species</FP> <FP SOURCE="FP1-2">Genus Cassytha</FP> <FP SOURCE="FP-2">Family Lennoaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Loranthaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Myzodendraceae—parasitic species</FP> <FP SOURCE="FP-2">Family Olacaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Orobanchaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Rafflesiaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Santalaceae—parasitic species</FP> <FP SOURCE="FP-2">Family Scrophulariaceae—parasitic species</FP> <FP SOURCE="FP1-2">Genus Alectra</FP> <FP SOURCE="FP1-2">Genus Bartsia</FP> <FP SOURCE="FP1-2">Genus Buchnera</FP> <FP SOURCE="FP1-2">Genus Buttonia</FP> <FP SOURCE="FP1-2">Genus Castilleja</FP> <FP SOURCE="FP1-2">Genus Centranthera</FP> <FP SOURCE="FP1-2">Genus Cordylanthus</FP> <FP SOURCE="FP1-2">Genus Dasistoma</FP> <FP SOURCE="FP1-2">Genus Euphrasia</FP> <FP SOURCE="FP1-2">Genus Gerardia</FP> <FP SOURCE="FP1-2">Genus Harveya</FP> <FP SOURCE="FP1-2">Genus Hyobanche</FP> <FP SOURCE="FP1-2">Genus Lathraea</FP> <FP SOURCE="FP1-2">Genus Melampyrum</FP> <FP SOURCE="FP1-2">Genus Melasma</FP> <FP SOURCE="FP1-2">Genus Orthantha</FP> <FP SOURCE="FP1-2">Genus Orthocarpus</FP> <FP SOURCE="FP1-2">Genus Pedicularis</FP> <FP SOURCE="FP1-2">Genus Rhamphicarpa</FP> <FP SOURCE="FP1-2">Genus Rhinanthus</FP> <FP SOURCE="FP1-2">Genus Schwalbea</FP> <FP SOURCE="FP1-2">Genus Seymeria</FP> <FP SOURCE="FP1-2">Genus Siphonostegia</FP> <FP SOURCE="FP1-2">Genus Sopubia</FP> <FP SOURCE="FP1-2">Genus Striga</FP> <FP SOURCE="FP1-2">Genus Tozzia</FP> <FP SOURCE="FP-2">Family Viscaceae—parasitic species<PRTPAGE P="383"/> </FP> <HD SOURCE="HD2">Kingdom Animalia</HD> <HD SOURCE="HD2">Subkingdom Protozoa</HD> <FP SOURCE="FP1-2">Genus Phytomonas</FP> <P>And all Protozoa associated with insect diseases</P> <HD SOURCE="HD2">Subkingdom Eumetazoa</HD> <HD SOURCE="HD1">Phylum Nemata</HD> <HD SOURCE="HD1">Class Secernentea</HD> <FP SOURCE="FP-2">Order Tylenchida</FP> <FP SOURCE="FP-2">Family Anguinidae</FP> <FP SOURCE="FP-2">Family Belonolaimidae</FP> <FP SOURCE="FP-2">Family Caloosiidae</FP> <FP SOURCE="FP-2">Family Criconematidae</FP> <FP SOURCE="FP-2">Family Dolichodoridae</FP> <FP SOURCE="FP-2">Family Fergusobiidae</FP> <FP SOURCE="FP-2">Family Hemicycliophoridae</FP> <FP SOURCE="FP-2">Family Heteroderidae</FP> <FP SOURCE="FP-2">Family Hoplolaimidae</FP> <FP SOURCE="FP-2">Family Meloidogynidae</FP> <FP SOURCE="FP-2">Family Nacobbidae</FP> <FP SOURCE="FP-2">Family Neotylenchidae</FP> <FP SOURCE="FP-2">Family Nothotylenchidae</FP> <FP SOURCE="FP-2">Family Paratylenchidae</FP> <FP SOURCE="FP-2">Family Pratylenchidae</FP> <FP SOURCE="FP-2">Family Tylenchidae</FP> <FP SOURCE="FP-2">Family Tylenchulidae</FP> <FP SOURCE="FP-2">Order Aphelenchida</FP> <FP SOURCE="FP-2">Family Aphelenchoididae</FP> <HD SOURCE="HD1">Class Adenophorea</HD> <FP SOURCE="FP-2">Order Dorylaimida</FP> <FP SOURCE="FP-2">Family Longidoridae</FP> <FP SOURCE="FP-2">Family Trichodoridae</FP> <HD SOURCE="HD1">Phylum Mollusca</HD> <HD SOURCE="HD1">Class Gastropoda</HD> <FP SOURCE="FP-2">Subclass Pulmonata</FP> <FP SOURCE="FP-2">Order Basommatophora</FP> <FP SOURCE="FP1-2">Superfamily Planorbacea</FP> <FP SOURCE="FP-2">Order Stylommatophora</FP> <FP SOURCE="FP1-2">Subfamily Strophocheilacea</FP> <FP SOURCE="FP-2">Family Succineidae</FP> <FP SOURCE="FP1-2">Superfamily Achatinacae</FP> <FP SOURCE="FP1-2">Superfamily Arionacae</FP> <FP SOURCE="FP1-2">Superfamily Limacacea</FP> <FP SOURCE="FP1-2">Superfamily Helicacea</FP> <FP SOURCE="FP-2">Order Systellommatophora</FP> <FP SOURCE="FP1-2">Superfamily Veronicellacea</FP> <HD SOURCE="HD3">Phylum Arthropoda</HD> <HD SOURCE="HD3">Class Arachnida</HD> <FP SOURCE="FP-2">Order Parasitiformes</FP> <FP SOURCE="FP1-2">Suborder Mesostigmata</FP> <FP SOURCE="FP1-2">Superfamily Ascoidea</FP> <FP SOURCE="FP1-2">Superfamily Dermanyssoidea</FP> <FP SOURCE="FP-2">Order Acariformes</FP> <FP SOURCE="FP1-2">Suborder Prostigmata</FP> <FP SOURCE="FP1-2">Superfamily Eriophyoidea</FP> <FP SOURCE="FP1-2">Superfamily Tetranychoidea</FP> <FP SOURCE="FP1-2">Superfamily Eupodoidea</FP> <FP SOURCE="FP1-2">Superfamily Tydeoidea</FP> <FP SOURCE="FP1-2">Superfamily Erythraenoidea</FP> <FP SOURCE="FP1-2">Superfamily Trombidioidea</FP> <FP SOURCE="FP1-2">Superfamily Hydryphantoidea</FP> <FP SOURCE="FP1-2">Superfamily Tarsonemoidea</FP> <FP SOURCE="FP1-2">Superfamily Pyemotoidea</FP> <FP SOURCE="FP-2">Suborder Astigmata</FP> <FP SOURCE="FP1-2">Superfamily Hemisarcoptoidea</FP> <FP SOURCE="FP1-2">Superfamily Acaroidea</FP> <HD SOURCE="HD3">Class Diplopoda</HD> <FP SOURCE="FP-2">Order Polydesmida</FP> <HD SOURCE="HD3">Class Insecta</HD> <FP SOURCE="FP-2">Order Collembola</FP> <FP SOURCE="FP-2">Family Sminthoridae</FP> <FP SOURCE="FP-2">Order Isoptera</FP> <FP SOURCE="FP-2">Order Thysanoptera</FP> <FP SOURCE="FP-2">Order Orthoptera</FP> <FP SOURCE="FP-2">Family Acrididae</FP> <FP SOURCE="FP-2">Family Gryllidae</FP> <FP SOURCE="FP-2">Family Gryllacrididae</FP> <FP SOURCE="FP-2">Family Gryllotalpidae</FP> <FP SOURCE="FP-2">Family Phasmatidae</FP> <FP SOURCE="FP-2">Family Ronaleidae</FP> <FP SOURCE="FP-2">Family Tettigoniidae</FP> <FP SOURCE="FP-2">Family Tetrigidae</FP> <FP SOURCE="FP-2">Order Hemiptera</FP> <FP SOURCE="FP-2">Family Thaumastocoridae</FP> <FP SOURCE="FP-2">Family Aradidae</FP> <FP SOURCE="FP1-2">Superfamily Piesmatoidea</FP> <FP SOURCE="FP1-2">Superfamily Lygaeoidea</FP> <FP SOURCE="FP1-2">Superfamily Idiostoloidea</FP> <FP SOURCE="FP1-2">Superfamily Coreoidea</FP> <FP SOURCE="FP1-2">Superfamily Pentatomoidea</FP> <FP SOURCE="FP1-2">Superfamily Pyrrhocoroidea</FP> <FP SOURCE="FP1-2">Superfamily Tingoidea</FP> <FP SOURCE="FP1-2">Superfamily Miroidea</FP> <FP SOURCE="FP-2">Order Homoptera</FP> <FP SOURCE="FP-2">Order Coleoptera</FP> <FP SOURCE="FP-2">Family Anobiidae</FP> <FP SOURCE="FP-2">Family Apionidae</FP> <FP SOURCE="FP-2">Family Anthribidae</FP> <FP SOURCE="FP-2">Family Bostrichidae</FP> <FP SOURCE="FP-2">Family Brentidae</FP> <FP SOURCE="FP-2">Family Bruchidae</FP> <FP SOURCE="FP-2">Family Buprestidae</FP> <FP SOURCE="FP-2">Family Byturidae</FP> <FP SOURCE="FP-2">Family Cantharidae</FP> <FP SOURCE="FP-2">Family Carabidae</FP> <FP SOURCE="FP-2">Family Cerambycidae</FP> <FP SOURCE="FP-2">Family Chrysomelidae</FP> <FP SOURCE="FP-2">Family Coccinellidae</FP> <FP SOURCE="FP1-2">Subfamily Epilachninae</FP> <FP SOURCE="FP-2">Family Curculionidae</FP> <FP SOURCE="FP-2">Family Dermestidae</FP> <FP SOURCE="FP-2">Family Elateridae</FP> <FP SOURCE="FP-2">Family Hydrophilidae</FP> <FP SOURCE="FP1-2">Genus Helophorus</FP> <FP SOURCE="FP-2">Family Lyctidae</FP> <FP SOURCE="FP-2">Family Meloidae</FP> <FP SOURCE="FP-2">Family Mordellidae</FP> <FP SOURCE="FP-2">Family Platypodidae</FP> <FP SOURCE="FP-2">Family Scarabaeidae</FP> <FP SOURCE="FP1-2">Subfamily Melolonthinae</FP> <FP SOURCE="FP1-2">Subfamily Rutelinae<PRTPAGE P="384"/> </FP> <FP SOURCE="FP1-2">Subfamily Cetoniinae</FP> <FP SOURCE="FP1-2">Subfamily Dynastinae</FP> <FP SOURCE="FP-2">Family Scolytidae</FP> <FP SOURCE="FP-2">Family Selbytidae</FP> <FP SOURCE="FP-2">Family Tenebrionidae</FP> <FP SOURCE="FP-2">Order Lepidoptera</FP> <FP SOURCE="FP-2">Order Diptera</FP> <FP SOURCE="FP-2">Family Agromyzidae</FP> <FP SOURCE="FP-2">Family Anthomyiidae</FP> <FP SOURCE="FP-2">Family Cecidomyiidae</FP> <FP SOURCE="FP-2">Family Chloropidae</FP> <FP SOURCE="FP-2">Family Ephydridae</FP> <FP SOURCE="FP-2">Family Lonchaeidae</FP> <FP SOURCE="FP-2">Family Muscidae</FP> <FP SOURCE="FP1-2">Genus Atherigona</FP> <FP SOURCE="FP-2">Family Otitidae</FP> <FP SOURCE="FP1-2">Genus Euxeta</FP> <FP SOURCE="FP-2">Family Syrphidae</FP> <FP SOURCE="FP-2">Family Tephritidae</FP> <FP SOURCE="FP-2">Family Tipulidae</FP> <FP SOURCE="FP-2">Order Hymenoptera</FP> <FP SOURCE="FP-2">Family Apidae</FP> <FP SOURCE="FP-2">Family Caphidae</FP> <FP SOURCE="FP-2">Family Chalcidae</FP> <FP SOURCE="FP-2">Family Cynipidae</FP> <FP SOURCE="FP-2">Family Eurytomidae</FP> <FP SOURCE="FP-2">Family Formicidae</FP> <FP SOURCE="FP-2">Family Psilidae</FP> <FP SOURCE="FP-2">Family Siricidae</FP> <FP SOURCE="FP-2">Family Tenthredinidae</FP> <FP SOURCE="FP-2">Family Torymidae</FP> <FP SOURCE="FP-2">Family Xylocopidae</FP> <P>Unclassified organisms and/or organisms whose classification is unknown.</P> </EXTRACT> <P>(b) <E T="03">Exemptions.</E> (1) A limited permit for interstate movement shall not be required for genetic material from any plant pest contained in <E T="03">Escherichia coli</E> genotype K-12 (strain K-12 and its derivatives), sterile strains of <E T="03">Saccharomyces cerevisiae,</E> or asporogenic strains of <E T="03">Bacillus subtilis,</E> provided that all the following conditions are met:</P> <P>(i) The microorganisms are shipped in a container that meets the requirements of § 340.8(b)(3);</P> <P>(ii) The cloned genetic material is maintained on a nonconjugation proficient plasmid and the host does not contain other conjugation proficient plasmids or generalized transducing phages;</P> <P>(iii) The cloned material does not include the complete infectious genome of a known plant pest;</P> <P>(iv) The cloned genes are not carried on an expression vector if the cloned genes code for:</P> <P>(A) A toxin to plants or plant products, or a toxin to organisms beneficial to plants; or</P> <P>(B) Other factors directly involved in eliciting plant disease (i.e., cell wall degrading enzymes); or</P> <P>(C) Substances acting as, or inhibitory to, plant growth regulators.</P> <P>(2) A limited permit for interstate movement is not required for genetic material from any plant pest contained in the genome of the plant <E T="03">Arabiodopsis thaliana,</E> provided that all of the following conditions are met:</P> <P>(i) The plants or plant materials are shipped in a container that meets the requirements of § 340.8(b) (1), (2), and (3);</P> <P>(ii) The cloned genetic material is stably integrated into the plant genome;</P> <P>(iii) The cloned material does not include the complete infectious genome of a known plant pest.</P> <CITA>[52 FR 22908, June 16, 1987, as amended at 53 FR 12913, Apr. 20, 1988; 55 FR 53276, Dec. 28, 1990; 58 FR 17056, Mar. 31, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.3</SECTNO> <SUBJECT>Notification for the introduction of certain regulated articles.<E T="51">5</E> <FTREF/> </SUBJECT> <FTNT> <P> <E T="51">5</E> APHIS may issue guidelines regarding scientific procedures, practices, or protocols which it has found acceptable in making various determinations under the regulations. A person may follow an APHIS guideline or follow different procedures, practices, or protocols. When different procedures, practices, or protocols are followed, a person may, but is not required to, discuss the matter in advance with APHIS to help ensure that the procedures, practices, or protocols to be followed will be acceptable to APHIS.</P> </FTNT> <P>(a) <E T="03">General.</E> Certain regulated articles may be introduced without a permit, provided that the introduction is in compliance with the requirements of this section. Any other introduction of regulated articles require a permit under § 340.4, with the exception of introductions that are conditionally exempt from permit requirements under § 340.2(b) of this part.</P> <P>(b) <E T="03">Regulated articles eligible for introduction under the notification procedure.</E> Regulated articles which meet all of the following six requirements and the performance standards set forth in paragraph (c) of this section are eligible for introduction under the notification procedure.</P> <P>(1) The regulated article is any plant species that is not listed as a noxious <PRTPAGE P="385"/>weed in regulations at 7 CFR part 360 under the Plant Protection Act (7 U.S.C. 7712), and, when being considered for release into the environment, the regulated article is not considered by the Administrator to be a weed in the area of release into the environment.</P> <P>(2) The introduced genetic material is “stably integrated” in the plant genome, as defined in § 340.1.</P> <P>(3) The function of the introduced genetic material is known and its expression in the regulated article does not result in plant disease.</P> <P>(4) The introduced genetic material does not:</P> <P>(i) Cause the production of an infectious entity, or</P> <P>(ii) Encode substances that are known or likely to be toxic to nontarget organisms known or likely to feed or live on the plant species, or</P> <P>(iii) Encode products intended for pharmaceutical use.</P> <P>(5) To ensure that the introduced genetic sequences do not pose a significant risk of the creation of any new plant virus, plant virus-derived sequences must be:</P> <P>(i) Noncoding regulatory sequences of known function, or</P> <P>(ii) Sense or antisense genetic constructs derived from viral genes from plant viruses that are prevalent and endemic in the area where the introduction will occur and that infect plants of the same host species, and that do not encode a functional noncapsid gene product responsible for cell-to-cell movement of the virus.</P> <P>(6) The plant has not been modified to contain the following genetic material from animal or human pathogens:</P> <P>(i) Any nucleic acid sequence derived from an animal or human virus, or</P> <P>(ii) Coding sequences whose products are known or likely causal agents of disease in animals or humans.</P> <P>(c) <E T="03">Performance standards for introductions under the notification procedure.</E> The following performance standards must be met for any introductions under the notification procedure.</P> <P>(1) If the plants or plant materials are shipped, they must be shipped in such a way that the viable plant material is unlikely to be disseminated while in transit and must be maintained at the destination facility in such a way that there is no release into the environment.</P> <P>(2) When the introduction is an environmental release, the regulated article must be planted in such a way that they are not inadvertently mixed with non-regulated plant materials of any species which are not part of the environmental release.</P> <P>(3) The plants and plant parts must be maintained in such a way that the identity of all material is known while it is in use, and the plant parts must be contained or devitalized when no longer in use.</P> <P>(4) There must be no viable vector agent associated with the regulated article.</P> <P>(5) The field trial must be conducted such that:</P> <P>(i) The regulated article will not persist in the environment, and</P> <P>(ii) No offspring can be produced that could persist in the environment.</P> <P>(6) Upon termination of the field test:</P> <P>(i) No viable material shall remain which is likely to volunteer in subsequent seasons, or</P> <P>(ii) Volunteers shall be managed to prevent persistence in the environment.</P> <P>(d) <E T="03">Procedural requirements for notifying APHIS.</E> The following procedures shall be followed for any introductions under the notification procedure:</P> <P>(1) Notification should be directed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237.</P> <P>(2) The notification shall include the following:</P> <P>(i) Name, title, address, telephone number, and signature of the responsible person;</P> <P>(ii) Information necessary to identify the regulated article(s), including:</P> <P>(A) The scientific, common, or trade names, and phenotype of regulated article,</P> <P>(B) The designations for the genetic loci, the encoded proteins or functions, and donor organisms for all genes from which introduced genetic material was derived, and<PRTPAGE P="386"/> </P> <P>(C) The method by which the recipient was transformed;</P> <P>(iii) The names and locations of the origination and destination facilities for movement or the field site location for the environmental release; and the size of the introduction,</P> <P>(iv) The date and, in the case of environmental release, the expected duration of the introduction (release); and</P> <P>(v) A statement that certifies that introduction of the regulated article will be in accordance with the provisions of this section.</P> <P>(3) Notification must be submitted to APHIS:</P> <P>(i) At least 10 days prior to the day of introduction, if the introduction is interstate movement.</P> <P>(ii) At least 30 days prior to the day of introduction, if the introduction is an importation.</P> <P>(iii) At least 30 days prior to the day of introduction, if the introduction is an environmental release.</P> <P>(4) Field test reports must be submitted to APHIS within 6 months after termination of the field test. Field test reports shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment.</P> <P>(5) The Administrator, shall be notified of any unusual occurrence within the time periods and in the manner specified in § 340.4(f)(10).</P> <P>(6) Access shall be allowed for APHIS and State regulatory officials to inspect facilities and/or the field test site and any records necessary to evaluate compliance with the provisions of paragraphs (b) and (c) of this section.</P> <P>(e) <E T="03">Administrative action in response to notification.</E> (1) APHIS will provide copies of all notifications to appropriate State regulatory official(s) for review within 5 business days of receipt. Comments to APHIS from appropriate State regulatory officials in response to notifications for interstate movement of regulated articles will not be required by APHIS prior to acknowledgment, although States may provide their reviews to APHIS at their discretion.</P> <P>(2) The Administrator, will provide acknowledgement within 10 days of receipt that the interstate movement is appropriate under notification.</P> <P>(3) The Administrator, will provide acknowledgement within 30 days of receipt that the importation is appropriate under notification.</P> <P>(4) APHIS will provide acknowledgment within 30 days of receipt that the environmental release is appropriate under notification. Such acknowledgment will apply to field testing for 1 year from the date of introduction, and may be renewed annually by submission of an additional notification to APHIS.</P> <P>(5) A person denied permission for introduction of a regulated article under notification may apply for a permit for introduction of that regulated article without prejudice.</P> <CITA>[58 FR 17056, Mar. 31, 1993, as amended at 59 FR 67610, Dec. 30, 1994; 62 FR 23956, May 2, 1997; 66 FR 21058, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.4</SECTNO> <SUBJECT>Permits for the introduction of a regulated article.<E T="51">6</E> <FTREF/> </SUBJECT> <FTNT> <P> <E T="51">6</E> See footnote 5 in § 340.3.</P> </FTNT> <P>(a) <E T="03">Application for permit.</E> Two copies of a written application for a permit to introduce a regulated article, which may be obtained from APHIS, shall be submitted by the responsible person to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237. If there are portions of the application deemed to contain trade secret or confidential business information (CBI), each page of the application containing such information should be marked “CBI Copy”. In addition, those portions of the application which are deemed “CBI” shall be so designated. The second copy shall have all such CBI deleted and shall be marked on each page of the application where CBI was deleted, “CBI Deleted”. If an application does not contain CBI then the first page of both copies shall be marked “No CBI”.</P> <P>(b) <E T="03">Permit for release into the environment.</E> An application for the release into the environment of a regulated article shall be submitted at least 120 days in advance of the proposed release <PRTPAGE P="387"/>into the environment. An initial review shall be completed by APHIS within 30 days of the receipt of the application. If the application is complete, the responsible individual shall be notified of the date of receipt of the application for purposes of advising the applicant when the 120 day review period commenced.<SU>7</SU> <FTREF/> If the application is not complete, the responsible individual will be advised what additional information must be submitted. APHIS shall commence the 120 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. When it is determined that an application is complete, APHIS shall submit to the State department of agriculture of the State where the release is planned, a copy of the initial review and a copy of the application marked, “CBI Deleted”, or “No CBI” for State notification and review. The application shall include the following information: <SU>8</SU> <FTREF/> </P> <FTNT> <P> <SU>7</SU> The 120 day review period would be extended if preparation of an environmental impact statement in addition to an environmental assessment was necessary.</P> </FTNT> <FTNT> <P> <SU>8</SU> Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237, or from local offices which are listed in telephone directories. A person should specify in requesting the application that the permit is for the introduction of a regulated article subject to regulation under part 340.</P> </FTNT> <P>(1) Name, title, address, telephone number, signature of the responsible person and type of permit requested (for importation, interstate movement, or release into the environment);</P> <P>(2) All scientific, common, and trade names, and all designations necessary to identify the: Donor organism(s); recipient organism(s); vector or vector agent(s); constituent of each regulated article which is a product; and, regulated article;</P> <P>(3) Names, addresses, and telephone numbers of the persons who developed and/or supplied the regulated article;</P> <P>(4) A description of the means of movement (e.g., mail, common carrier, baggage, or handcarried (and by whom));</P> <P>(5) A description of the anticipated or actual expression of the altered genetic material in the regulated article and how that expression differs from the expression in the non-modified parental organism (e.g., morphological or structural characteristics, physiological activities and processes, number of copies of inserted genetic material and the physical state of this material inside the recipient organism (integrated or extrachromosomal), products and secretions, growth characteristics);</P> <P>(6) A detailed description of the molecular biology of the system (e.g., donor-recipient-vector) which is or will be used to produce the regulated article;</P> <P>(7) Country and locality where the donor organism, recipient organism, vector or vector agent, and regulated article were collected, developed, and produced;</P> <P>(8) A detailed description of the purpose for the introduction of the regulated article including a detailed description of the proposed experimental and/or production design;</P> <P>(9) The quantity of the regulated article to be introduced and proposed schedule and number of introductions;</P> <P>(10) A detailed description of the processes, procedures, and safeguards which have been used or will be used in the country of origin and in the United States to prevent contamination, release, and dissemination in the production of the: Donor organism; recipient organism; vector or vector agent; constituent of each regulated article which is a product; and regulated article;</P> <P>(11) A detailed description of the intended destination (including final and all intermediate destinations), uses, and/or distribution of the regulated article (e.g., greenhouses, laboratory, or growth chamber location; field trial location; pilot project location; production, propagation, and manufacture location; proposed sale and distribution location);</P> <P>(12) A detailed description of the proposed procedures, processes, and safeguards which will be used to prevent escape and dissemination of the regulated article at each of the intended destinations;<PRTPAGE P="388"/> </P> <P>(13) A detailed description of any biological material (e.g., culture medium, or host material) accompanying the regulated article during movement; and</P> <P>(14) A detailed description of the proposed method of final disposition of the regulated article.</P> <P>(c) <E T="03">Limited permits for interstate movement or importation of a regulated article.</E> An application for the interstate movement or importation of a regulated article shall be submitted at least 60 days in advance of the first proposed interstate movement and at least 60 days prior to each importation. An initial review shall be completed by APHIS within 15 days of the receipt of the application. If the application is complete, the responsible person shall be notified of the date of receipt of the application for purposes of advising the applicant when the 60 day review period commenced. If the application is not complete, the responsible person will be advised what additional information must be submitted. APHIS shall commence the 60 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. When it is determined that an application is complete, APHIS shall submit to the State department of agriculture of the State of destination of the regulated article a copy of the initial review and the application marked, “CBI Deleted”, or “No CBI” for State notification and review.</P> <P>(1) <E T="03">Limited permit for interstate movement.</E> The responsible person may apply for a single limited permit for the interstate movement of multiple regulated articles in lieu of submitting an application for each individual interstate movement. Each limited permit issued shall be numbered and shall be valid for one year from the date of issuance. If a permit is sought for multiple interstate movements between contained facilities the responsible individual shall specify in the permit application all the regulated articles to be moved interstate; the origins and destinations of all proposed shipments; a detailed description of all the contained facilities where regulated articles will be utilized at destination; and a description of the containers that will be used to transport the regulated articles. A limited permit for interstate movement of a regulated article shall only be valid for the movement of those regulated articles moving between those locations specified in the application. If a person seeks to move regulated articles other than those specified in the application, or to a location other than those listed in the application, a supplemental application shall be submitted to APHIS. No person shall move a regulated article interstate unless the number of the limited permit appears on the outside of the shipping container. The responsible person shipping a regulated article interstate shall keep records for one year demonstrating that the regulated article arrived at its intended destination. The responsible person seeking a limited permit for interstate movement shall submit on an application form obtained from APHIS, the data required by paragraphs (b) (1), (2), (4), (6), (7), (9), and (11) through (14) of this section.</P> <P>(2) <E T="03">Limited permit for importation.</E> The responsible person seeking a permit for the importation of a regulated article shall submit an application for a permit prior to the importation of <E T="03">each</E> shipment of regulated articles. The responsible person importing a regulated article shall keep records for one year demonstrating that the regulated article arrived at its intended destination. The responsible person seeking a limited permit for importation shall submit on an application form obtained from APHIS data required by paragraphs (b) (1), (2), (4), (6), (7), (9), and (11) through (14) of this section.<SU>9</SU> <FTREF/> </P> <FTNT> <P> <SU>9</SU> Renewals may receive shorter review. In the case of a renewal for a limited permit for importation that has been issued less than one year earlier, APHIS will notify the responsible person within 15 days that either: (1) The renewal permit is approved or (2) that a 60 day review period is necessary because the conditions of the original permit have changed.</P> </FTNT> <P>(d) <E T="03">Premises inspection.</E> An inspector may inspect the site or facility where regulated articles are proposed, pursuant to a permit, to be released into the environment or contained after their interstate movement or importation. Failure to allow the inspection of a <PRTPAGE P="389"/>premises prior to the issuance of a permit or limited permit shall be grounds for the denial of the permit.</P> <P>(e) <E T="03">Administrative action on applications.</E> After receipt and review by APHIS of the application and the data submitted pursuant to paragraph (a) of this section, including any additional information requested by APHIS, a permit shall be granted or denied. If a permit is denied, the applicant shall be promptly informed of the reasons why the permit was denied and given the opportunity to appeal the denial in accordance with the provisions of paragraph (g) of this section. If a permit is granted, the permit will specify the applicable conditions for introduction of the regulated article under this part.</P> <P>(f) <E T="03">Permit conditions.</E> A person who is issued a permit and his/her employees or agents shall comply with the following conditions, and any supplemental conditions which shall be listed on the permit, as deemed by the Administrator to be necessary to prevent the dissemination and establishment of plant pests:</P> <P>(1) The regulated article shall be maintained and disposed of (when necessary) in a manner so as to prevent the dissemination and establishment of plant pests.</P> <P>(2) All packing material, shipping containers, and any other material accompanying the regulated article shall be treated or disposed of in such a manner so as to prevent the dissemination and establishment of plant pests.</P> <P>(3) The regulated article shall be kept separate from other organisms, except as specifically allowed in the permit;</P> <P>(4) The regulated article shall be maintained only in areas and premises specified in the permit;</P> <P>(5) An inspector shall be allowed access, during regular business hours, to the place where the regulated article is located and to any records relating to the introduction of a regulated article;</P> <P>(6) The regulated article shall, when possible, be kept identified with a label showing the name of the regulated article, and the date of importation;</P> <P>(7) The regulated article shall be subject to the application of measures determined by the Administrator to be necessary to prevent the accidental or unauthorized release of the regulated article;</P> <P>(8) The regulated article shall be subject to the application of remedial measures (including disposal) determined by the Administrator to be necessary to prevent the spread of plant pests;</P> <P>(9) A person who has been issued a permit shall submit to APHIS a field test report within 6 months after the termination of the field test. A field test report shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment.</P> <P>(10) APHIS shall be notified within the time periods and manner specified below, in the event of the following occurrences:</P> <P>(i) Orally notified immediately upon discovery and notify in writing within 24 hours in the event of any accidental or unauthorized release of the regulated article;</P> <P>(ii) In writing as soon as possible but not later than within 5 working days if the regulated article or associated host organism is found to have characteristics substantially different from those listed in the application for a permit or suffers any unusual occurrence (excessive mortality or morbidity, or unanticipated effect on non-target organisms);</P> <P>(11) A permittee or his/her agent and any person who seeks to import a regulated article into the United States shall:</P> <P>(i) Import or offer the regulated article for entry only at a port of entry which is designated by an asterisk in 7 CFR 319.37-14(b);</P> <P>(ii) Notify APHIS promptly upon arrival of any regulated article at a port of entry, of its arrival by such means as a manifest, customs entry document, commercial invoice, waybill, a broker's document, or a notice form provided for such purpose; and</P> <P>(iii) Mark and identify the regulated article in accordance with § 340.5 of this part.</P> <P>(g) <E T="03">Withdrawal or denial of a permit.</E> Any permit which has been issued may be withdrawn by an inspector or the Administrator if he/she determines <PRTPAGE P="390"/>that the holder thereof has not complied with one or more of the conditions listed on the permit. APHIS will confirm the reasons for the withdrawal of the permit in writing within ten (10) days. Any person whose permit has been withdrawn or any person who has been denied a permit may appeal the decision in writing to the Administrator within ten (10) days after receiving the written notification of the withdrawal or denial. The appeal shall state all of the facts and reasons upon which the person relies to show that the permit was wrongfully withdrawn or denied. The Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <P>(h) <E T="03">Courtesy permit</E>—(1) <E T="03">Issuance.</E> The Administrator may issue a courtesy permit for the introduction of organisms modified through genetic engineering which are not subject to regulation under this part to facilitate movement when the movement might otherwise be impeded because of the similarity of the organism to other organisms regulated under this part.</P> <P>(2) <E T="03">Application.</E> A person seeking a courtesy permit shall submit on an application form obtained from APHIS data required by paragraphs (b) (1), (2), and (5) of this section and shall indicate such data is being submitted as a request for a courtesy permit. A person should also include a statement explaining why he or she believes the organism or product does not come within the definition of a regulated article. The application shall be submitted at least 60 days prior to the time the courtesy permit is sought.</P> <P>(3) <E T="03">Administrative action.</E> APHIS shall complete an initial review within 15 days of the date of receipt of the application. If the application is complete, the responsible individual shall be notified of the date of receipt of the application for purposes of advising the applicant when the 60 day review period commenced. If the application is not complete, the responsible individual will be advised what additional information must be submitted, and shall commence the 60 day review period upon receipt of the additional information, assuming the additional information submitted is adequate. Within 60 days from the date of receipt of a complete application, APHIS will either issue a courtesy permit or advise the responsible individual that a permit is required under paragraph (b) or (c) of this section.</P> <CITA>[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, as amended at 58 FR 17058, Mar. 31, 1993; 59 FR 67610, Dec. 30, 1994; 62 FR 23956, 23957, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.5</SECTNO> <SUBJECT>Petition to amend the list of organisms.<E T="51">10</E> <FTREF/> </SUBJECT> <FTNT> <P> <E T="51">10</E> See footnote 5 in § 340.3.</P> </FTNT> <P>(a) <E T="03">General.</E> Any person may submit to the Administrator a petition to amend the list of organisms in § 340.2 of this part by adding or deleting any genus, species, or subspecies. A petitioner may supplement, amend, or withdraw a petition in writing without prior approval of the Administrator and without prejudice to resubmission at any time until the Administrator rules on the petition. A petition to amend the list of organisms shall be submitted in accordance with the procedures and format specified by this section.</P> <P>(b) <E T="03">Submission procedures and format</E>. A person shall submit two copies of a petition to the Animal and Plant Health Inspection Service, Biotechnology and Scientific Services, PPQ, Biotechnology Permits, 4700 River Road, Unit 147, Riverdale, Maryland 20737-1237. The petition should be dated, and structured as follows:</P> <EXTRACT> <HD SOURCE="HD1">Petition To Amend 7 CFR 340.2</HD> <P>The undersigned submits this petition under 7 CFR 340.4 to request that the Administrator [add the following genus, species, or subspecies to the list of organisms in 7 CFR 340.2] or [to remove the following genus, species, or subspecies from the list of organisms in § 340.2].</P> <HD SOURCE="HD2">A. Statement of Grounds</HD> <P>(A person must present a full statement explaining the factual grounds why the genus, species, or subspecies to be added to § 340.2 of this part is a plant pest or why there is reason to believe the genus, species, <PRTPAGE P="391"/>or subspecies is a plant pest or why the genus, species, or subspecies sought to be removed is not a plant pest or why there is reason to believe the genus, species, or subspecies is not a plant pest. The petition should include copies of scientific literature which the petitioner is relying upon, copies of unpublished studies, or data from tests performed. <E T="03">The petition should not include trade secret or confidential business information.</E> </P> <P>A person should also include representative information known to the petitioner which would be unfavorable to a petition for listing or delisting. (If a person is not aware of any unfavorable information the petition should state, Unfavorable Information: NONE).</P> <HD SOURCE="HD2">B. Certification</HD> <P>The undersigned certifies, that to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petitioner relies, and that it includes representative data and information known to the petitioner which are unfavorable to the petition. </P> <FP SOURCE="FP-DASH">(Signature)</FP> <FP SOURCE="FP-DASH">(Name of petitioner)</FP> <FP SOURCE="FP-DASH">(Mailing address)</FP> <FP SOURCE="FP-DASH">(Telephone number)</FP> </EXTRACT> <P>(c) <E T="03">Administrative action on a petition.</E> (1) A petition to amend the list of organisms which meets the requirements of paragraph (b) of this section will be filed by the APHIS, stamped with the date of filing, and assigned a docket number. The docket number shall identify the file established for all submissions relating to the petition. APHIS, will promptly notify the petitioner in writing of the filing and docket number of a petition. If a petition does not meet the requirements of paragraph (b) of this section, the petitioner shall be sent a notice indicating how the petition is deficient.</P> <P>(2) After the filing of a petition to amend the list of organisms USDA shall publish a proposal in the <E T="04">Federal Register</E> to amend § 340.2 and solicit comments thereon from the public. An interested person may submit written comments to the APHIS on a filed petition, which shall become part of the docket file.</P> <P>(3) The Administrator shall furnish a response to each petitioner within 180 days of receipt of the petition. The response will either: (i) Approve the petition in whole or in part in which case the Administrator shall concurrently take appropriate action (publication of a document in the <E T="04">Federal Register</E> amending § 340.2 of this part; or (ii) deny the petition in whole or in part. The petitioner shall be notified in writing of the Administrator's decision. The decision shall be placed in the public docket file in the offices of APHIS, and in the form of a notice published in the <E T="04">Federal Register.</E> </P> <CITA>[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, as amended at 58 FR 17059, Mar. 31, 1993; 59 FR 67611, Dec. 30, 1994; 62 FR 23957, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.6</SECTNO> <SUBJECT>Petition for determination of nonregulated status. <E T="51">11</E> <FTREF/> </SUBJECT> <FTNT> <P> <E T="51">11</E> See footnote 5 in § 340.3.</P> </FTNT> <P>(a) <E T="03">General.</E> Any person may submit to the Administrator, a petition to seek a determination that an article should not be regulated under this part. A petitioner may supplement, amend, or withdraw a petition in writing without prior approval of the Administrator, and without affecting resubmission at any time until the Administrator, rules on the petition. A petition for determination of nonregulated status shall be submitted in accordance with the procedure and format specified in this section.</P> <P>(b) <E T="03">Submission procedures and format.</E> A person shall submit two copies of a petition to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Biotechnology and Scientific Services, Biotechnology Coordination and Technical Assistance, 4700 River Road, Unit 146, Riverdale, Maryland 20737-1237. The petition shall be dated and structured as follows:</P> <EXTRACT> <HD SOURCE="HD1">Petition for Determination of Nonregulated Status</HD> <P>The undersigned submits this petition under 7 CFR 340.6 to request that the Administrator, make a determination that the article should not be regulated under 7 CFR part 340. </P> <FP SOURCE="FP-DASH">(Signature)</FP> <HD SOURCE="HD2">A. Statement of Grounds</HD> <P>A person must present a full statement explaining the factual grounds why the organism should not be regulated under 7 CFR part 340. The petitioner shall include copies of scientific literature, copies of unpublished studies, when available, and data from tests <PRTPAGE P="392"/>performed upon which to base a determination. The petition shall include all information set forth in paragraph (c) of 7 CFR 340.6. If there are portions of the petition deemed to contain trade secret or confidential business information (CBI), each page of the petition containing such information should be marked “CBI Copy”. In addition, those portions of the petition which are deemed “CBI” shall be so designated. The second copy shall have all such CBI deleted and shall have marked on each page where the CBI was deleted: “CBI Deleted.” If a petition does not contain CBI, the first page of both copies shall be marked: “No CBI.”</P> <P>A person shall also include information known to the petitioner which would be unfavorable to a petition. If a person is not aware of any unfavorable information, the petition should state, “Unfavorable information: NONE.”</P> <HD SOURCE="HD2">B. Certification</HD> <P>The undersigned certifies, that to the best knowledge and belief of the undersigned, this petition includes all information and views on which to base a determination, and that it includes relevant data and information known to the petitioner which are unfavorable to the petition. </P> <FP SOURCE="FP-DASH">(Signature)</FP> <FP SOURCE="FP-DASH">(Name of Petitioner)</FP> <FP SOURCE="FP-DASH">(Mailing Address)</FP> <FP SOURCE="FP-DASH">(Telephone Number)</FP> </EXTRACT> <P>(c) <E T="03">Required data and information.</E> The petition shall include the following information:</P> <P>(1) Description of the biology of the nonmodified recipient plant and information necessary to identify the recipient plant in the narrowest taxonomic grouping applicable.</P> <P>(2) Relevant experimental data and publications.</P> <P>(3) A detailed description of the differences in genotype between the regulated article and the nonmodified recipient organism. Include all scientific, common, or trade names, and all designations necessary to identify: the donor organism(s), the nature of the transformation system (vector or vector agent(s)), the inserted genetic material and its product(s), and the regulated article. Include country and locality where the donor, the recipient, and the vector organisms and the regulated articles are collected, developed, and produced.</P> <P>(4) A detailed description of the phenotype of the regulated article. Describe known and potential differences from the unmodified recipient organism that would substantiate that the regulated article is unlikely to pose a greater plant pest risk than the unmodified organism from which it was derived, including but not limited to: Plant pest risk characteristics, disease and pest susceptibilities, expression of the gene product, new enzymes, or changes to plant metabolism, weediness of the regulated article, impact on the weediness of any other plant with which it can interbreed, agricultural or cultivation practices, effects of the regulated article on nontarget organisms, indirect plant pest effects on other agricultural products, transfer of genetic information to organisms with which it cannot interbreed, and any other information which the Administrator believes to be relevant to a determination. Any information known to the petitioner that indicates that a regulated article may pose a greater plant pest risk than the unmodified recipient organism shall also be included.</P> <P>(5) Field test reports for all trials conducted under permit or notification procedures, involving the regulated article, that were submitted prior to submission of a petition for determination of nonregulated status or prior to submission of a request for extension of a determination of nonregulated status under paragraph (e) of this part. Fiedl test reports shall include the APHIS reference number, methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment.</P> <P>(d) <E T="03">Administrative action on a petition.</E> (1) A petition for determination of nonregulated status under this part which meets the requirements of paragraphs (b) and (c) of this section will be filed by the Administrator, stamped with the date of filing, and assigned a petition number. The petition number shall identify the file established for all submissions relating to the petition. APHIS will promptly notify the petitioner in writing of the filing and the assigned petition number. If a petition does not meet the requirements specified in this section, the petitioner shall be sent a notice indicating how the petition is deficient.<PRTPAGE P="393"/> </P> <P>(2) After the filing of a completed petition, APHIS shall publish a notice in the <E T="04">Federal Register</E>. This notice shall specify that comments will be accepted from the public on the filed petition during a 60 day period commencing with the date of the notice. During the comment period, any interested person may submit to the Administrator, written comments, regarding the filed petition, which shall become part of the petition file.</P> <P>(3) The Administrator shall, based upon available information, furnish a response to each petitioner within 180 days of receipt of a completed petition. The response will either:</P> <P>(i) Approve the petition in whole or in part; or</P> <P>(ii) deny the petition.</P> <P>The petitioner shall be notified in writing of the Administrator's decision. The decision shall be placed in the public petition file in the offices of APHIS and notice of availability published in the <E T="04">Federal Register.</E> </P> <P>(e) <E T="03">Extensions to determinations of nonregulated status.</E> (1) The Administrator may determine that a regulated article does not pose a potential for plant pest risk, and should therefore not be regulated under this part, based on the similarity of that organism to an antecedent organism.</P> <P>(2) A person may request that APHIS extend a determination of nonregulated status to other organisms. Such a request shall include information to establish the similarity of the antecedent organism and the regulated articles in question.</P> <P>(3) APHIS will announce in the <E T="04">Federal Register</E> all preliminary decisions to extend determinations of nonregulated status 30 days before the decisions become final and effective. If additional information becomes available that APHIS believes justifies changing its decision, it will issue a revised decision.</P> <P>(4) If a request to APHIS to extend a determination of nonregulated status under this part is denied, APHIS will inform the submitter of that request of the reasons for denial. The submitter may submit a modified request or a separate petition for determination of nonregulated status without prejudice.</P> <P>(f) <E T="03">Denial of a petition; appeal.</E> (1) The Administrator's written notification of denial of a petition shall briefly set forth the reason for such denial. The written notification shall be sent by certified mail. Any person whose petition has been denied may appeal the determination in writing to the Administrator within 10 days from receipt of the written notification of denial.</P> <P>(2) The appeal shall state all of the facts and reasons upon which the person relies, including any new information, to show that the petition was wrongfully denied. The Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision as promptly as circumstances allow. An informal hearing may be held by the Administrator if there is a dispute of a material fact. Rules of Practice concerning such a hearing will be adopted by the Administrator.</P> <CITA>[58 FR 17057, Mar. 31, 1993, as amended at 59 FR 67611, Dec. 30, 1994; 62 FR 23957, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.7</SECTNO> <SUBJECT>Marking and identity.</SUBJECT> <P>(a) Any regulated article to be imported other than by mail, shall, at the time of importation into the United States, plainly and correctly bear on the outer container the following information:</P> <P>(1) General nature and quantity of the contents;</P> <P>(2) Country and locality where collected, developed, manufactured, reared, cultivated or cultured;</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the organism;</P> <P>(4) Name, address, and telephone number of consignee;</P> <P>(5) Identifying shipper's mark and number; and</P> <P>(6) Number of written permit authorizing the importation.</P> <P>(b) Any regulated article imported by mail, shall be plainly and correctly addressed and mailed to APHIS at a port of entry designated by an asterisk in 7 CFR 319.37-14(b) and shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient, and shall plainly and correctly <PRTPAGE P="394"/>bear on the outer container the following information:</P> <P>(1) General nature and quantity of the contents;</P> <P>(2) Country and locality where collected, developed, manufactured, reared, cultivated, or cured;</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the regulated article; and</P> <P>(4) Number of permit authorizing the importation;</P> <P>(c) Any regulated article imported into the United States by mail or otherwise shall, at the time of importation or offer for importation into the United States, be accompanied by an invoice or packing list indicating the contents of the shipment.</P> <CITA>[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, as amended at 58 FR 17059, Mar. 31, 1993; 62 FR 23958, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.8</SECTNO> <SUBJECT>Container requirements for the movement of regulated articles.</SUBJECT> <P>(a) <E T="03">General requirements.</E> A regulated article shall not be moved unless it complies with the provisions of paragraph (b) of this section, unless a variance has been granted in accordance with the provisions of paragraph (c) of this section. <SU>12</SU> <FTREF/> </P> <FTNT> <P> <SU>12</SU> The requirements of this section are in addition to and not in lieu of any other packing requirements such as those for the transportation of etiologic agents prescribed by the Department of Transportation in Title 49 CFR or any other agency of the Federal government.</P> </FTNT> <P>(b) <E T="03">Container requirements</E>—(1) <E T="03">Plants and plant parts.</E> All plants or plant parts, except seeds, cells, and subcellular elements, shall be packed in a sealed plastic bag of at least 5 mil thickness, inside a sturdy, sealed, leak-proof, outer shipping container constructed of corrugated fiberboard, corrogated cardboard, wood, or other material of equivalent strength.</P> <P>(2) <E T="03">Seeds.</E> All seeds shall be transported in a sealed plastic bag of at least 5 mil thickness, inside a sealed metal container, which shall be placed inside a second sealed metal container. Shock absorbing cushioning material shall be placed between the inner and outer metal containers. Each metal container shall be independently capable of protecting the seeds and preventing spillage or escape. Each set of metal containers shall then be enclosed in a sturdy outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength.</P> <P>(3) <E T="03">Live microorganisms and/or etiologic agents, cells, or subcellular elements.</E> All regulated articles which are live (non-inactivated) microorganisms, or etiologic agents, cells, or subcellular elements shall be packed as specified below:</P> <P>(i) <E T="03">Volume not exceeding 50 ml.</E> Regulated articles not exceeding 50 ml shall be placed in a securely closed, watertight container (primary container, test tube, vial, etc.) which shall be enclosed in a second, durable watertight container (secondary container). Several primary containers may be enclosed in a single secondary container, if the total volume of all the primary containers so enclosed does not exceed 50 ml. The space at the top, bottom, and sides between the primary and secondary containers shall contain sufficient nonparticulate absorbent material (e.g., paper towel) to absorb the entire contents of the primary container(s) in case of breakage or leakage. Each set of primary and secondary containers shall then be enclosed in an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength.</P> <P>(ii) <E T="03">Volume greater than 50 ml.</E> Regulated articles which exceed a volume of 50 ml. shall comply with requirements specified in paragraph (b)(3)(i) of this section. In addition, a shock absorbing material, in volume at least equal to that of the absorbent material between the primary and secondary containers, shall be placed at the top, bottom, and sides between the secondary container and the outer shipping container. Single primary containers shall not contain more than 1,000 ml. of material. However, two or more primary containers whose combined volumes do not exceed 1,000 ml. may be placed in a single, secondary container. The maximum amount of micro-organisms or etiologic agents, cells, or subcellular elements which may be enclosed within a single outer shipping container shall not exceed 4,000 ml.<PRTPAGE P="395"/> </P> <P>(iii) <E T="03">Dry ice.</E> If dry ice is used as a refrigerant, it shall be placed outside the secondary container(s). If dry ice is used between the secondary container and the outer shipping container, the shock absorbing material shall be placed so that the secondary container does not become loose inside the outer shipping container as the dry ice sublimates.</P> <P>(4) <E T="03">Insects, mites, and related organisms.</E> Insects, mites, and other small arthropods shall be packed for shipment as specified in this paragraph or in paragraph (b)(3) of this section. Insects (any life stage) shall be placed in an escape-proof primary shipping container (insulated vacuum container, glass, metal, plastic, etc.) and sealed to prevent escape. Such primary container shall be placed securely within a secondary shipping container of crushproof styrofoam or other material of equivalent strength; one or more rigid ice packs may also be placed within the secondary shipping container; and sufficient packing material shall be added around the primary container to prevent movement of the primary shipping container. The secondary (styrofoam or other) container shall be placed securely within an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength.</P> <P>(5) <E T="03">Other macroscopic organisms.</E> Other macroscopic organisms not covered in paragraphs (b) (1), (2), and (4) of this section which do not require continuous access to atmospheric oxygen shall be packaged as specified in paragraph (b)(3) or (b)(4) of this section. All macroscopic organisms which are not plants and which require continuous access to atmospheric oxygen shall be placed in primary shipping containers constructed of a sturdy, crush-proof frame of wood, metal, or equivalent strength material, surrounded by escape-proof mesh or netting of a strength and mesh size sufficient to prevent the escape of the smallest organism in the shipment, with edges and seams of the mesh or netting sealed to prevent escape of organisms. Each primary shipping container shall be securely placed within a larger secondary shipping container constructed of wood, metal, or equivalent strength material. The primary and secondary shipping containers shall then be placed securely within an outer shipping container constructed of corrugated fiberboard, corrugated cardboard, wood, or other material of equivalent strength, which outer container may have air holes or spaces in the sides and/or ends of the container, provided that the outer shipping container must retain sufficient strength to prevent crushing of the primary and secondary shipping containers.</P> <P>(c) <E T="03">Request for a variance from container requirements.</E> A responsible person who believes the container requirements normally applicable to the movement of the person's regulated article(s) are inappropriate due to unique circumstances (such as the nature, volume, or life stage of the regulated article) may submit in an application for a permit, a request for a variance from the container requirements. The request for a variance under this section shall consist of a short statement describing why the normally applicable container requirements are inappropriate for the regulated article which the person proposes to move and what container requirements the person would use in lieu of the normally prescribed container requirements. USDA shall advise the responsible person in writing at the time a permit is granted on the person's request for a variance.</P> <CITA>[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 2, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 340.9</SECTNO> <SUBJECT>Cost and charges.</SUBJECT> <P>The services of the inspector during regularly assigned hours of duty and at the usual places of duty shall be furnished without cost.<SU>13</SU> <FTREF/> The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of this part, other than for the services of the inspector.</P> <FTNT> <P> <SU>13</SU> The Department's provisions relating to overtime charges for an inspector's services are set forth in 7 CFR part 354.</P> </FTNT> <CITA>[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 2, 1997]</CITA> </SECTION> </PART> <PART> <PRTPAGE P="396"/> <EAR>Pt. 351</EAR> <HD SOURCE="HED">PART 351—IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL</HD> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>351.1</SECTNO> <SUBJECT>Joint treatment generally.</SUBJECT> <SECTNO>351.2</SECTNO> <SUBJECT>Location of inspectors.</SUBJECT> <SECTNO>351.3</SECTNO> <SUBJECT>Procedure on arrival.</SUBJECT> <SECTNO>351.4</SECTNO> <SUBJECT>Records.</SUBJECT> <SECTNO>351.5</SECTNO> <SUBJECT>Return or destruction.</SUBJECT> <SECTNO>351.6</SECTNO> <SUBJECT>Packages in closed mail dispatches.</SUBJECT> <SECTNO>351.7</SECTNO> <SUBJECT>Regulations governing importation by mail of plant material for immediate export.</SUBJECT> </CONTENTS> <CROSSREF> <HD SOURCE="HED">Cross Reference:</HD> <P>For customs regulations governing importation of plants and plant products, see 19 CFR part 12.</P> </CROSSREF> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SECTION> <SECTNO>§ 351.1</SECTNO> <SUBJECT>Joint treatment generally.</SUBJECT> <P>The entry into the United States of certain plants, plant products, and soil is prohibited or restricted through various orders, quarantines, and regulations promulgated by the Administrator of the Animal and Plant Health Inspection Service (APHIS) under the authority of the Plant Protection Act (7 U.S.C. 7701-7772). To assist in enforcing the aforementioned orders, quarantines, and regulations, the Plant Protection and Quarantine Programs of APHIS have made provisions with the U.S. Postal and Customs Services to ensure closer inspection of prohibited or restricted imported articles.</P> <CITA>[66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.2</SECTNO> <SUBJECT>Location of inspectors.</SUBJECT> <P>Inspectors of the Plant Protection and Quarantine Programs and customs officers are stationed at the following locations: </P> <EXTRACT> <P>Anchorage, Alaska, Arlington, Va., Atlanta, Ga., Baltimore, Md., Baton Rouge, La., Blaine, Wash., Boston, Mass., Brownsville, Tex., Buffalo, N.Y., Calexico, Calif., Chantilly, Va., Charleston, S.C., Charlotte Amalie, St. Thomas, V.I., Chicago, Ill., Christiansted, St. Croix, V.I., Cleveland, Ohio., Corpus Christi, Tex., Dallas, Tex., Del Rio, Tex., Detroit, Mich., Douglas, Ariz., Dover, Del., Duluth, Minn., Eagle Pass, Tex., El Paso, Tex., Galveston, Tex., Hidalgo, Tex., Hilo, Hawaii, Hoboken, N.J., Honolulu, Hawaii, Houston, Tex., Jacksonville, Fla., Jamaica, L.I., N.Y., Key West, Fla., Laredo, Tex., McGuire AFB, N.J., Memphis, Tenn., Miami, Fla., Milwaukee, Wis., Mobile, Ala., New Orleans, La., New York, N.Y., Newport News, Va., Nogales, Ariz., Norfolk, Va., Pensacola, Fla., Philadelphia, Pa., Port Arthur, Tex., Port Canaveral, Fla., Port Everglades, Fla., Portland, Oreg., Presidio, Tex., Progreso, Tex., Ramey AFB, P.R., Roma, Tex., Rouses Point, N.Y., St. Paul, Minn., San Antonio, Tex., San Diego, Calif., San Francisco, Calif., San Juan, P.R., San Luis, Ariz., San Pedro, Calif., San Ysidro, Calif., Savannah, Ga., Seattle, Wash., Tampa, Fla., Toledo, Ohio, Washington, DC, West Palm Beach, Fla., Wilmington, N.C.</P> </EXTRACT> <CITA>[28 FR 5203, May 24, 1963, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.3</SECTNO> <SUBJECT>Procedure on arrival.</SUBJECT> <P>All parcel post or other mail packages from foreign countries which, either from examination or external evidence, are found or are believed to contain plants or plant products, shall be dispatched for submission, or actually submitted, to the plant quarantine inspector at the most accessible location listed in § 351.2. The inspector shall pass upon the contents under the Plant Quarantine Act and Federal Plant Pest Act and with the cooperation of the customs and postal officers either</P> <P>(a) Release the package from further plant quarantine examination and endorse his decision thereon; or</P> <P>(b) Divert it to the Plant Quarantine Station at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., for whatever disposition is deemed warranted. If so diverted, the plant quarantine inspector shall attach to the package the yellow and green special mailing tag addressed to the proper quarantine station. A package so diverted shall be accompanied by customs card Form 3511 and transmitted to the appropriate Customs office for referral to the Plant Quarantine Station. Envelopes containing customs card Form 3511 addressed to the collector of customs, New York, N.Y., <PRTPAGE P="397"/>shall contain a notation that the material is to be referred to the Plant Protection and Quarantine Programs, Hoboken, N.J.</P> <CITA>[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.4</SECTNO> <SUBJECT>Records.</SUBJECT> <P>The customs officers at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., shall keep a record of such packages as may be delivered to representatives of the Department of Agriculture, and upon the return thereof shall prepare a mail entry to accompany the dutiable package and deliver it to the postmaster for delivery or onward dispatch or in appropriate cases subject the shipment to formal customs entry procedure.</P> <CITA>[28 FR 5204, May 24, 1963]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.5</SECTNO> <SUBJECT>Return or destruction.</SUBJECT> <P>Where the plant quarantine inspector requires the entire shipment to be returned to the country of origin as a prohibited importation (in which event he shall endorse his action thereon) and delivers the shipment to the collector of customs, the collector shall in turn deliver it to the postmaster for dispatch to the country of origin. If, upon examination, the plant material is deemed dangerous to plant life, the collector of customs shall permit the plant quarantine inspector to destroy immediately both the container and its contents. In either case the plant quarantine inspector shall notify the addressee of the action taken and the reason therefor. If the objectionable plant material forms only a portion of the contents of the mail package and in the judgment of the inspector the package can safely be delivered to the addressee, after removing and destroying the objectionable material, such procedure is authorized. In the latter case the inspector shall place in the package a memorandum (Form AQI-387) informing the addressee of the action taken by the inspector and describing the matter which has been seized and destroyed and the reasons therefor.</P> <CITA>[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.6</SECTNO> <SUBJECT>Packages in closed mail dispatches.</SUBJECT> <P>The foregoing instructions shall be followed in the treatment of packages containing plants or plant products received in closed mail dispatches made up for transmission directly to a post office located at a customs port at which no plant quarantine inspector is stationed. Such packages (accompanied by customs card Form 3511) shall be forwarded by the collector of customs through the postmaster to the most accessible location listed in § 351.2 for appropriate treatment in the manner hereinbefore provided. This procedure shall also be followed in respect to such packages which are forwarded to unlisted post offices from the post office of original receipt, without having received plant quarantine examination. Packages discovered at post offices where no customs officer is located shall be forwarded by the postmaster under his official penalty envelope addressed to the collector of customs at the most accessible location listed for appropriate treatment as prescribed herein.</P> <CITA>[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]</CITA> </SECTION> <SECTION> <SECTNO>§ 351.7</SECTNO> <SUBJECT>Regulations governing importation by mail of plant material for immediate export.</SUBJECT> <P>To collectors of customs and others concerned:</P> <P>(a) Shipments of plant material may be imported by mail free of duty for immediate exportation by mail subject to the following regulations, which have been approved by the Department of Agriculture and the Post Office Department:</P> <P>(1) Each shipment shall be dispatched in the mails from abroad, accompanied by a yellow and green special mail tag bearing the serial number of the permit for entry for immediate exportation or immediate transportation and exportation, issued by the U.S. Department of Agriculture, and also the postal form of customs declaration.<PRTPAGE P="398"/> </P> <P>(2) Upon arrival, the shipment shall be detained by, or redispatched to, the postmaster at Washington, DC, Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., or Seattle, Wash., as may be appropriate, according to the address on the yellow and green tag, and there submitted to the customs officer and the Federal quarantine inspector. The merchandise shall under no circumstances be permitted to enter the commerce of the United States.</P> <P>(3) After inspection by the customs and quarantine officers, and with their approval, the addressee, or his authorized agent, shall repack and readdress the mail parcel under customs supervision; affix to the parcel the necessary postage, and comply with other mailing requirements, after which the parcel shall be delivered to the postmaster for exportation by mail pursuant to 19 CFR 9.11(a). The contents of the original parcel may be subdivided and exported in separate parcels in like manner.</P> <P>(4) It will not be necessary to issue a customs mail entry nor to require formal entry of the shipments.</P> <P>(5) The mail shipments referred to shall be accorded special handling only at the points specified in paragraph (a)(2) of this section.</P> <P>(6) The foregoing procedure shall not affect the movement of plant material in the international mails in transit through the United States.</P> <CITA>[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 352</EAR> <HD SOURCE="HED">PART 352—PLANT QUARANTINE SAFEGUARD REGULATIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>352.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>352.2</SECTNO> <SUBJECT>Purpose; relation to other regulations; applicability.</SUBJECT> <SECTNO>352.3</SECTNO> <SUBJECT>Enforcement and administration.</SUBJECT> <SECTNO>352.4</SECTNO> <SUBJECT>Documentation.</SUBJECT> <SECTNO>352.5</SECTNO> <SUBJECT>Permit; requirement, form and conditions.</SUBJECT> <SECTNO>352.6</SECTNO> <SUBJECT>Application for permit and approval or denial thereof.</SUBJECT> <SECTNO>352.7</SECTNO> <SUBJECT>Notice of arrival.</SUBJECT> <SECTNO>352.8</SECTNO> <SUBJECT>Marking requirements.</SUBJECT> <SECTNO>352.9</SECTNO> <SUBJECT>Ports.</SUBJECT> <SECTNO>352.10</SECTNO> <SUBJECT>Inspection; safeguards; disposal.</SUBJECT> <SECTNO>352.11</SECTNO> <SUBJECT>Mail.</SUBJECT> <SECTNO>352.12</SECTNO> <SUBJECT>Baggage.</SUBJECT> <SECTNO>352.13</SECTNO> <SUBJECT>Certain conditions under which change of Customs entry or diversion is permitted.</SUBJECT> <SECTNO>352.14</SECTNO> <SUBJECT>Costs.</SUBJECT> <SECTNO>352.15</SECTNO> <SUBJECT>Caution.</SUBJECT> <SECTNO>352.16-352.28</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>352.29</SECTNO> <SUBJECT>Administrative instructions: Avocados from Mexico.</SUBJECT> <SECTNO>352.30</SECTNO> <SUBJECT>Administrative instructions: Certain oranges, tangerines, and grapefruit from Mexico.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 2260, 7711-7714, 7731, and 7734; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>25 FR 1929, Mar. 5, 1960, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 352.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) This part may be cited by the short title: “Safeguard Regulations.” This title shall be understood to include both the regulations and administrative instructions in this part.</P> <P>(b) Words used in the singular form in this part shall be deemed to import the plural and vice versa as the case may demand. For purposes of this part, unless the context otherwise requires, the following terms shall be construed, respectively, to mean:</P> <P> <E T="03">Administrative instructions.</E> Published documents set forth in this part relating to the enforcement of this part, and issued under authority thereof by the Deputy Administrator. </P> <P> <E T="03">Brought in for temporary stay where unloading or landing is not intended.</E> Brought in by carrier but not intended to be unloaded or landed from such carrier. This phrase includes movement (i) departing from the United States on the same carrier directly from the point of arrival therein; and (ii) transiting a part of the United States before departure therefrom, and applies whether movement under Customs procedure is as residue cargo or follows some form of Customs entry.</P> <P> <E T="03">Carrier; means of conveyance.</E> Automobile, truck, animal-drawn vehicle, railway car, aircraft, ship, or other means of transportation.</P> <P> <E T="03">Customs.</E> The U.S. Customs Service, Department of the Treasury, or, with reference to Guam, the Customs Office of the Government of Guam.<PRTPAGE P="399"/> </P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs, or any officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.</P> <P> <E T="03">Foreign trade zone.</E> A formally prescribed area containing various physical facilities located in or adjacent to ports of entry under the jurisdiction of the United States and established, operated, and maintained as a foreign trade zone pursuant to the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended, wherein foreign merchandise, as well as domestic merchandise, may be deposited for approved purposes. Movement into and from such area is subject to applicable customs, plant quarantine, and other Federal requirements.</P> <P> <E T="03">Immediate</E> (<E T="03">export, trans-shipment, or transportation and exportation</E>). The period which, in the opinion of the inspector, is the shortest practicable interval of time between the arrival of an incoming carrier and the departure of the outgoing carrier transporting a consignment of prohibited or restricted products or articles.</P> <P> <E T="03">Inspector.</E> A properly identified employee of the U.S. Department of Agriculture or other person authorized by the Department to enforce the provisions of the Plant Protection Act and related legislation, quarantines, and regulations.</P> <P> <E T="03">Intended for unloading and entry at a port other than the port of first arrival.</E> Brought in by carrier at a port for movement to the port of entry under residue cargo procedure of Customs.</P> <P> <E T="03">Other product or article.</E> Any product or article of any character whatsoever (other than plants, plant products, soil, plant pests, and means of conveyance), which an inspector considers may be infested or infected by or contain a plant pest.</P> <P> <E T="03">Owner.</E> The owner, or his agent (including the operator of a carrier), having responsible custody of a plant, plant product, plant pest, soil, or other product or article subject to this part.</P> <P> <E T="03">Person.</E> Any individual, corporation, company, association, firm, partnership, society, or joint stock company.</P> <P> <E T="03">Plant pest.</E> “Plant pest” means any living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or any processed, manufactured, or other products of plants.</P> <P> <E T="03">Plant Protection Act.</E> Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000.</P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, of the U.S. Department of Agriculture.</P> <P> <E T="03">Plants and plant products.</E> Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products, and any product constituted, in whole or in part, of plant material which has not been so manufactured or pro-cessed as to eliminate pest risk.</P> <P> <E T="03">Port.</E> Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation laws in force at that place.</P> <P> <E T="03">Port of arrival.</E> Any port in the United States at which a prohibited or restricted product or article arrives.</P> <P> <E T="03">Port of entry.</E> A port at which a specified shipment or means of conveyance is accepted for entry or admitted without entry into the United States.</P> <P> <E T="03">Residue cargo.</E> Shipments authorized by Customs to be transported under the Customs bond of the carrier on which the shipments arrive, without entry being filed, for direct export from the first port of arrival, or to another port for entry or for direct export at that port without entry being required.</P> <P> <E T="03">Safeguard.</E> A procedure for handling, maintaining, or disposing of prohibited <PRTPAGE P="400"/>or restricted products and articles subject to this part so as to eliminate the risk of plant pest dissemination which the prohibited or restricted products and articles may present.</P> <P> <E T="03">Ship.</E> Any means of transportation by water.</P> <P> <E T="03">Soil.</E> The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.</P> <P> <E T="03">Stores and furnishings.</E> Plants and plant products for use on board a carrier; e.g. as food or decorative material.</P> <P> <E T="03">United States.</E> The States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the United States, and the territorial waters of the United States adjacent to those land areas.</P> <P> <E T="03">Unloaded or landed for transportation and exportation.</E> Brought in by carrier and transferred to another carrier for transportation to another port for exportation, whether or not some form of Customs entry is made.</P> <P> <E T="03">Unloaded or landed for transshipment and exportation.</E> Brought in by carrier and transferred to another carrier for exportation from the same port, whether or not some form of Customs entry is made.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.2</SECTNO> <SUBJECT>Purpose; relation to other regulations; applicability.</SUBJECT> <P>(a) Importations of plants, plant products, plant pests, soil, and other products and articles that may be infested or infected by or contain plant pests or noxious weeds are exempt from the prohibitions or restrictions contained in parts 319 and 330 of this chapter if they meet one of the conditions in paragraphs (a)(1) through (a)(4) of this section and are moved into the United States and handled in compliance with this part. <E T="03">Provided:</E> That these exemptions do not apply to cotton and covers imported into the United States from any country for exportation or transshipment and exportation or transportation and exportation as provided in §§ 319.8 through 319.8-26 of this chapter. Moreover, the applicable provisions of §§ 330.100 through 330.109 and 330.400 of this chapter also apply to products and articles subject to this part.</P> <P>(1) They are brought in temporarily where loading and landing is not intended;</P> <P>(2) They are unloaded or landed for transshipment and exportation;</P> <P>(3) They are unloaded or landed for transportation and exportation; or</P> <P>(4) They are intended for unloading and entry at a port other than the port of arrival.</P> <P>(b) Prohibited or restricted products and articles offered for and refused entry into the United States under parts 319 or 330 of this chapter are subject to the applicable provisions in this part regarding their subsequent handling in this country.</P> <P>(c)(1) The provisions in this part apply whether the controls over arrival, temporary stay, unloading, landing, transshipment and exportation, or transportation and exportation, or other movement or possession in the United States and Guam are maintained by entry or other procedures of the U.S. Customs Service, Department of the Treasury, or the Customs Office of the Government of Guam, respectively. Such provisions will apply to arrivals in the United States, including arrivals in a foreign trade zone in the United States to which admission is sought in accordance with the Customs regulations in 19 CFR chapter I. Prohibited or restricted products and articles that have entered the United States, been exported pursuant to this part, and returned to the United States are subject to the applicable requirements of this part upon reentry.</P> <P>(2) Any restrictions and requirements under this part with respect to the arrival, temporary stay, unloading, landing, transshipment, exportation, transportation and exportation, or other movement or possession in the United States of any product or article shall apply to any person who, respectively, brings into, maintains, unloads, lands, transships, exports, transports and exports, or otherwise moves or possesses in the United States such product or article, whether he is the person who was required to have a permit for the <PRTPAGE P="401"/>product or article or a subsequent custodian of such product or article, and failure to comply with all applicable restrictions and requirements under this part by any such person shall be deemed to be a violation of this part.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.3</SECTNO> <SUBJECT>Enforcement and administration.</SUBJECT> <P>(a) Plants, plant products, plant pests, soil, and other products and articles subject to the regulations in this part that are unloaded, landed, or otherwise brought or moved into or through the United States in violation of this part may be seized, destroyed, or otherwise disposed of in accordance with section 414 of the Plant Protection Act (7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or moves into or through the United States any regulated plants, plant products, plant pests, soil, or other products or articles in violation of this part will be subject to prosecution under the applicable provisions of law.</P> <P>(b) Whenever the Deputy Administrator of the Plant Protection and Quarantine Programs shall find that existing conditions of danger of plant pest escape or dissemination involved in the arrival, unloading, landing, or other movement, or possession in the United States of plants, plant products, plant pests, soil, or other products or articles subject to the regulations in this part, make it safe to modify by making less stringent the restrictions contained in any such regulation, he shall publish such findings in administrative instructions, specifying the manner in which the regulations shall be made less stringent with respect thereto, whereupon such modification shall become effective; or he may, upon request in specific cases, when the public interests will permit, authorize arrival, unloading, landing, or other movement, or possession in the United States under conditions that are less stringent than those contained in the regulations in this part.</P> <P>(c) The Deputy Administrator also may set forth and publish, in administrative instructions, requirements and conditions for any class of products or articles supplemental to the regulations in this part, and may promulgate interpretations of this part.</P> <P>(d) The Deputy Administrator shall employ procedures to carry out the purposes of this part which will impose a minimum of impediment to foreign commerce, consistent with proper precaution against plant pest dissemination.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.4</SECTNO> <SUBJECT>Documentation.</SUBJECT> <P>(a) <E T="03">Manifest.</E> Immediately upon the arrival of a carrier in the United States the owner shall make available to the inspector for examination a complete manifest or other documentation from which the inspector may determine whether there are on board any prohibited or restricted products or articles subject to this part, other than accompanied baggage and mail.</P> <P>(b) <E T="03">Other documentation.</E> Any notifications, reports, and similar documentation not specified in the regulations in this part, but necessary to carry out the purpose of the regulations, will be prescribed in administrative instructions.</P> <P>(c) <E T="03">Procedure after examination of documents.</E> After examination of the carrier cargo manifest or other documentation the inspector may notify the owner and the Customs officer that certain products or articles on board the carrier are subject to this part and may not be unloaded or landed for any purpose pending plant quarantine inspection. In such case the owner shall not unload or land such products or articles without authorization by an inspector.</P> </SECTION> <SECTION> <SECTNO>§ 352.5</SECTNO> <SUBJECT>Permit; requirement, form and conditions.</SUBJECT> <P>(a) <E T="03">General.</E> (1) Permits are required for the arrival, unloading or landing, or other movement into or through the United States of plants, plant products, plant pests, and soil subject to this part. The permit may consist of a general authorization as set out in paragraph (b), (c), or (d) of this section or § 352.11, or it may be a specific permit. A specific permit may be formal or oral except as a formal permit is required by paragraph (c) or (e) of this section. <PRTPAGE P="402"/>The Deputy Administrator may in administrative instructions require specific or formal permits for any class of products or articles subject to this part.</P> <P>(2) A formal permit may be issued in prescribed form, in letter form, or a combination thereof. A rubber stamp impression or other endorsement made by the inspector on pertinent Customs documents covering the products or articles involved may constitute the formal permit in appropriate cases.</P> <P>(b) <E T="03">Permit for prohibited or restricted products or articles brought in for temporary stay where unloading or landing in the United States is not intended.</E> No permit other than the authorization contained in this paragraph shall be required for bringing into the United States any plants, plant products, plant pests, or soil subject to this part for temporary stay where unloading or landing in the United States is not intended, e.g., in connection with residue cargo movement under Customs procedure, or in connection with Customs entry for exportation or for transportation and exportation. This authorization also includes transshipment of products and articles under this paragraph from a carrier directly to another carrier of the same company when necessitated by an emergency or operating requirement and effected in accordance with safeguards prescribed in writing or orally by the inspector under § 352.10.</P> <P>(c) <E T="03">Permit for prohibited or restricted products or articles unloaded or landed for immediate transshipment and exportation, or immediate transportation and exportation.</E> When in the opinion of the inspector it is unnecessary to specify in a formal permit the safeguards required to prevent plant pest dissemination, plants, plant products, plant pests, or soil subject to this part may be unloaded or landed for immediate transshipment and exportation or for immediate transportation and exportation, as provided in § 352.10, with the approval of the inspector and no further permit than the authorization contained in this paragraph; otherwise a formal permit shall be required for such unloading or landing.</P> <P>(d) <E T="03">Permit for restricted products or articles moving as residue cargo from port of first arrival to port of entry.</E> Restricted plants, plant products, plant pests, or soil subject to this part arriving in the United States for movement under residue cargo procedures of Customs from a port of first arrival to another port for Customs entry into the United States may be allowed to so move without permit other than the authorization contained in this paragraph, if the inspector finds that apparently they can meet the applicable requirements of parts 319 of this chapter at the port where entry is to be made; otherwise a formal permit shall be required for such movement. Such restricted products and articles shall become subject to the applicable permit and other requirements of parts 319 of this chapter upon arrival at the port where Customs entry is to be made and shall not be unloaded or landed unless they comply with the applicable requirements.</P> <P>(e) <E T="03">Formal permits required for certain prohibited or restricted products or articles brought into a foreign trade zone.</E> A formal permit must be obtained to bring any prohibited or restricted plants, plant products, plant pests, or soil subject to the provisions in this part, into a foreign trade zone for storage, manipulation, or other handling, except for immediate transshipment and exportation or for immediate transportation and exportation. Special conditions to safeguard such storage, manipulation, or other possession or handling may be specified in the permit, and when so specified shall be in addition to any other applicable requirements of this part or the safeguards prescribed by the inspector or otherwise under this part.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.6</SECTNO> <SUBJECT>Application for permit and approval or denial thereof.</SUBJECT> <P>(a) <E T="03">Plants and plant products.</E> Except as otherwise provided in this paragraph, any person desiring to unload or land, or otherwise move into or through the United States, any plants or plant products for which a specific permit is required by § 352.5, shall in the case of prohibited plants or plant <PRTPAGE P="403"/>products, and should in the case of restricted plants or plant products, in advance of arrival in the United States of the plants or plant products, submit an application for a permit to the Plant Protection and Quarantine Programs, <SU>1</SU> <FTREF/> stating such of the following information as is relevant: The name and address of the importer, the approximate quantity and kind of plants and plant products it is desired to import under this part, the country where grown, the United States port of arrival, the United States port of export, the proposed routing from the port of arrival to the port of exportation, means of transportation to be employed (i.e., mail, air mail, express, air express, freight, air freight, baggage), and the name and address of the agent representing the importer. Applications may be made on forms provided for the purpose by the Plant Protection and Quarantine Programs, or orally, or by letter, telegram, or other means of communication furnishing all the information required by this paragraph. Applications need not be made for shipments handled under general authorizations set forth in § 352.5 (b), (c), or (d), or in § 352.11.</P> <FTNT> <P> <SU>1</SU> Application for such permits should be addressed to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(b) <E T="03">Plant pests.</E> Any person desiring to unload or land, or otherwise move into or through the United States, any plant pest for which a specific permit is required by § 352.5 shall, in advance of the arrival of the plant pests in the United States, submit an application to the Plant Protection and Quarantine Programs <SU>2</SU> <FTREF/> for a permit as specified by § 330.201 of this chapter.</P> <FTNT> <P> <SU>2</SU> Application for permits should be made to the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.</P> </FTNT> <P>(c) <E T="03">Soil.</E> Any person desiring to bring into or unload or land, or otherwise move into or through the United States, any soil for which a specific permit is required by § 352.5 shall, in advance of the arrival of the soil in the United States, submit an application for permit to the Plant Protection and Quarantine Programs <SU>2</SU> as specified by § 330.300(b) of this chapter.</P> <P>(d) <E T="03">Constructive oral application.</E> If a permit has not been issued in advance of arrival, application for any required permit (other than a formal permit) shall be considered to have been made orally to the inspector at the port of arrival by presentation of the shipment for entry or its listing on the manifest or other documentation, but this shall not excuse failure to make timely application as required by this section. Express application is required for a formal permit.</P> <P>(e) <E T="03">Approval or denial of permits.</E> Upon approval of the application, the permit will be issued. Any conditions necessary to eliminate danger of plant pest dissemination may be specified in the permit, or otherwise as provided in § 352.10. Permits will be denied if, in the opinion of the Deputy Administrator, it is not possible to prescribe conditions adequate to prevent danger of plant pest dissemination by the plants, plant products, plant pests, or soil involved.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.7</SECTNO> <SUBJECT>Notice of arrival.</SUBJECT> <P>Immediately upon arrival of any shipment of plants or plant products subject to this part and covered by a specific permit, the importer shall submit in duplicate through the U.S. Collector of Customs for the U.S. Department of Agriculture a notice of such arrival on a form provided for that purpose (PQ-368) and shall give such information as is called for by that form and, in addition, where relevant, the proposed routing to the proposed U.S. port of exit. Notice of arrival shall not be required for other products or articles subject to this part since other available documentation meets the requirement for this notice.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0049)</APPRO> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 48 FR 57466, Dec. 30, 1983]</CITA> </SECTION> <SECTION> <PRTPAGE P="404"/> <SECTNO>§ 352.8</SECTNO> <SUBJECT>Marking requirements.</SUBJECT> <P>Prohibited and restricted products and articles subject to this part shall be adequately marked or otherwise identified by documentation to indicate their nature.</P> </SECTION> <SECTION> <SECTNO>§ 352.9</SECTNO> <SUBJECT>Ports.</SUBJECT> <P>The arrival, unloading, landing, or possession of plants, plant products, plant pests, soil, or other products or articles subject to this part shall not be allowed at points within the United States other than at the ports specified in the Customs Regulations in 19 CFR 1.1 and 19 CFR 6.13, and Agana, Guam, or such other ports as may be named in permits or administrative instructions. Restrictions on the ports which may be used for particular types of handling of any products or articles subject to this part may be specified generally in administrative instructions or in permits in specific cases. When ports are specified in permits or otherwise, the arrival, unloading, landing, or possession of the products or articles involved at other ports will not be allowed except as the inspector may authorize changes in the ports specified.</P> </SECTION> <SECTION> <SECTNO>§ 352.10</SECTNO> <SUBJECT>Inspection; safeguards; disposal.</SUBJECT> <P>(a) <E T="03">Inspection and release.</E> Prohibited and restricted products and articles subject to this part shall be subject to inspection at the port of first arrival in accordance with § 330.105(a) of this chapter and shall not be released by Customs officers for unloading, landing, or other onward movement or entry until released by an inspector or a Customs officer on behalf of an inspector in accordance with the procedure prescribed in § 330.105(a) of this chapter. If diversion or change of Customs entry is not permitted for any movements authorized under this part, the inspector at the original port of Customs entry shall appropriately endorse Customs documents to show that fact. However, the inspector at the U.S. port of export may approve diversion or change of Customs entry to permit movement to a different foreign country, or entry into the United States, subject to all other applicable requirements under this part or part 319 or 330 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs <SU>3</SU> <FTREF/> for information as to applicable conditions. If diversion or change of Customs entry is desired at port, confirmation will be given by the Plant Protection and Quarantine Programs to the appropriate Customs officers and Plant Protection and Quarantine Programs inspectors.</P> <FTNT> <P> <SU>3</SU> The Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.</P> </FTNT> <P>(b) <E T="03">Safeguards.</E> (1) The unloading, landing, retention on board as stores and furnishings or cargo, transshipment and exportation, transportation and exportation, onward movment to the port of entry as residue cargo or under a Customs entry for immediate transportation, and other movement or possession within the United States of prohibited or restricted products and articles under this part shall be subject to such safeguards as may be prescribed in the permits and this part and any others which, in the opinion of the inspector, are necessary and are specified by him to prevent plant pest dissemination. In the case of prohibited or restricted products or articles subject to this part which are unloaded or landed for transshipment and exportation or transportation and exportation, or for onward movement to the port of entry as residue cargo or under a Customs entry for immediate transportation, this shall include necessary safeguards with respect to any movement within the port area between the point of arrival and the point of temporary storage, other handling, or point of departure, including a foreign trade zone. Prohibited and restricted products and articles subject to this part which are unloaded or landed for transshipment and exportation or transportation and exportation, or for onward movement as residue cargo or under a Customs entry for immediate transportation, shall be transshipped, or transported and exported from the United States, or moved onward immediately. This shall mean the shortest practicable interval <PRTPAGE P="405"/>of time commensurate with the risk of plant pest dissemination required to transfer the products or articles from one carrier to another and to move them onward or from the United States. If, in the opinion of the inspector, considerations of risk of plant pest dissemination require, such movement shall be made without regard to the noncompetitive or competitive relations of the carriers concerned, and the inspector shall promptly report to the Plant Protection and Quarantine Programs the circumstances when the emergency is so acute that subsequent movement is required on a carrier of a company other than the one bringing the products or articles to the United States or on which onward movement was contemplated by the shipper or forwarding carrier. Prohibited or restricted plants, plant products, plant pests, and soil which were intended for entry into the United States under part 319 or 330 of this chapter, or for movement into or through the United States under this part, and which were refused such entry or movement before unloading or landing, or which were refused such entry or movement after unloading or landing and are immediately reloaded on the same carrier, may be retained on board pending removal from the United States or other disposal, but shall be subject to the safeguards specified under this section. Prohibited or restricted products and articles which were refused entry or movement under said parts after unloading or landing and which are not immediately reloaded in accordance with this section shall be subject to such safeguard action as the inspector deems necessary to carry out the purposes of this part.</P> <P>(2) Safeguards prescribed by an inspector under this section shall be prescribed to the owner by the inspector in writing except that the inspector may prescribe the safeguards orally when, in his opinion, the circumstances and related Customs procedures do not require written notice to the owner of the safeguards to be followed by the owner. In prescribing safeguards, the relevant requirements of parts 319 and 330 of this chapter and this part shall be considered. The safeguards prescribed shall be the minimum required to prevent plant pest dissemination. Destruction or exportation shall be required only when no less drastic measures are deemed by the inspector to be adequate to prevent plant pest dissemination. The inspector may follow administrative instructions promulgated for certain situations, or he may follow a procedure selected by him from administratively approved methods known to be effective in similar situations. In the case of aircraft that are contaminated with insect pests, only an insecticidal formulation, approved for use in aircraft, may be so applied as an emergency measure. If the application is not effective against the insect pests or if other pests must be safeguarded against, the inspector shall report the circumstances promptly to the Plant Protection and Quarantine Programs and receive instructions as to safeguards that will not have a deleterious effect on the structure of the aircraft or its operating equipment. In prescribing safeguards consideration will be given to such factors as:</P> <P>(i) The nature and habits of the plant pests known to be, or likely to be, present with the plants, plant products, soil, or other products or articles.</P> <P>(ii) Nature of the plants, plant products, plant pests, soil, or other products or articles.</P> <P>(iii) Nature of containers or other packaging and adequacy thereof to prevent plant pest dissemination.</P> <P>(iv) Climatic conditions as they may have a bearing on plant pest dispersal, and refrigeration if provided.</P> <P>(v) Routing pending exportation.</P> <P>(vi) Presence of soil.</P> <P>(vii) Construction or physical condition and type of carrier.</P> <P>(viii) Facilities for treatment, or for incineration or other destruction.</P> <P>(ix) Availability of transportation facilities for immediate exportation.</P> <P>(x) Any other related factor which should be considered, such as intent to export to an adjacent or nearby country.</P> <P>(c) <E T="03">Disposal.</E> (1) If prohibited or restricted products or articles subject to this part are not safeguarded in accordance with measures prescribed under this part, or cannot be adequately safeguarded to prevent plant pest dissemination, they shall be seized, destroyed, <PRTPAGE P="406"/>or otherwise disposed of according to law. Whenever disposal action is to be taken by the inspector he shall notify the local Customs officer in advance.</P> <P>(2) When a shipment of any products or articles subject to this part has been handled in accordance with all conditions and safeguards prescribed in this part and in the permit and by the inspector, the inspector shall inform the local Customs officer concerned of the release of such products or articles, in appropriate manner.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.11</SECTNO> <SUBJECT>Mail.</SUBJECT> <P>(a) <E T="03">Transit mail.</E> (1) Plants, plant products, plant pests, and soil which arrive in the United States in closed dispatches by international mail or international parcel post and which are in transit through the United States to another country shall be allowed to move through the United States without further permit than the authorization contained in this section. Notice of arrival shall not be required as other documentation meets the requirement for this notice.</P> <P>(2) Inspectors ordinarily will not inspect transit mail or parcel post, whether transmitted in open mail or in closed dispatches. They may do so if it comes to their attention that any such mail or parcel post contains prohibited or restricted products or articles which require safeguard action. Inspection and disposal in such cases will be made in accordance with this part and part 330 of this chapter, and in conformity with regulations and procedures of the Post Office Department for handling transit mail and parcel post.</P> <P>(b) <E T="03">Importation for exportation.</E> Plants and plant products to be imported for exportation, by mail, will be handled under permit in accordance with Part 351 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 352.12</SECTNO> <SUBJECT>Baggage.</SUBJECT> <P>Products or articles subject to this part which are contained in baggage shall be subject to the requirements of this part in the same manner as cargo.</P> </SECTION> <SECTION> <SECTNO>§ 352.13</SECTNO> <SUBJECT>Certain conditions under which change of Customs entry or diversion is permitted.</SUBJECT> <P>When plants, plant products, plant pests, and soil released for exportation, transshipment and exportation, or transportation and exportation, under this part, have met all applicable permit and other requirements for importation, including inspection and treatment, as provided in part 319 or 330 of this chapter, the form of Customs entry may be changed and the shipment may be diverted at any time to permit delivery of the products and articles to a destination in the United States, so far as the requirements in this part are involved. The Customs officer concerned at the original port of Customs entry shall be informed by the inspector that such release has been made and that such change of entry or diversion is approved under this part by appropriate endorsement of Customs documents.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.14</SECTNO> <SUBJECT>Costs.</SUBJECT> <P>All costs incident to the inspection, handling, safeguarding, or other disposal of prohibited or restricted products or articles under the provisons in this part shall be borne by the owner. Services of the inspector during regularly assigned hours of duty at the usual places of duty shall be furnished without cost to the person requesting the services, unless a user fee is payable under § 354.3 of this chapter.</P> <CITA>[56 FR 14844, Apr. 12, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.15</SECTNO> <SUBJECT>Caution.</SUBJECT> <P>In applying safeguards or taking other measures prescribed under the provisions in this part, it should be understood that inexactness or carelessness may result in injury or damage. It should also be understood by the owners that emergency measures prescribed by the inspector to safeguard against plant pest dissemination may have adverse effects on certain products and articles and that they will take the calculated risk of such adverse effects of authorized measures.</P> </SECTION> <SECTION> <PRTPAGE P="407"/> <SECTNO>§§ 352.16-352.28</SECTNO> <SUBJECT>[Reserved]</SUBJECT> </SECTION> <SECTION> <SECTNO>§ 352.29</SECTNO> <SUBJECT>Administrative instructions: Avocados from Mexico.</SUBJECT> <P>Avocados from Mexico may be moved through the United States to destinations outside the United States only in accordance with this section.</P> <P>(a) <E T="03">Permits.</E> Before moving the avocados through the United States, the owner must obtain a formal permit in accordance with § 352.6 of this part.</P> <P>(b) <E T="03">Ports.</E> The avocados may enter the United States only at the following ports: Galveston or Houston, Texas; the border ports of Nogales, Arizona, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, Texas; or at other ports within that area of the United States specified in paragraph (f) of this section.</P> <P>(c) <E T="03">Notice of arrival.</E> At the port of arrival, the owner must provide notification of the arrival of the avocados in accordance with § 352.7 of this part.</P> <P>(d) <E T="03">Inspection.</E> The owner must make the avocados available for examination by an inspector. The avocados may not be moved from the port of arrival until released by an inspector.</P> <P>(e) <E T="03">Shipping requirements.</E> The avocados must be moved through the United States either by air or in a refrigerated truck or refrigerated rail car or in refrigerated containers on a truck or rail car. If the avocados are moved in refrigerated containers on a truck or rail car, an inspector must seal the containers with a serially numbered seal at the port of arrival. If the avocados are removed in a refrigerated truck or refrigerated rail car, an inspector must seal the truck or rail car with a serially numbered seal at the port of arrival. If the avocados are transferred to another vehicle or container in the United States, an inspector must be present to supervise the transfer and must apply a new serially numbered seal. The avocados must be moved through the United States under Customs bond.</P> <P>(f) <E T="03">Shipping areas.</E> Avocados moved by truck or rail car may transit only that area of the United States bounded on the west and south by a line extending from El Paso, Texas, to Salt Lake City, Utah, to Portland, Oregon, and due west from Portland; and on the east and south by a line extending from Brownsville, Texas, to Galveston, Texas, to Kinder, Louisiana, to Memphis, Tennessee, to Louisville, Kentucky, and due east from Louisville. All cities on these boundary lines are included in this area. If the avocados are moved by air, the aircraft may not land outside this area. Avocados that enter the United States at Nogales, Arizona, must be moved to El Paso, Texas, by the route specified on the formal permit.</P> <CITA>[52 FR 27671, July 23, 1987, as amended at 54 FR 43167, Oct. 23, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 352.30</SECTNO> <SUBJECT>Administrative instructions: Certain oranges, tangerines, and grapefruit from Mexico.</SUBJECT> <P>The following provisions shall apply to the movement into or through the United States under this part of oranges, tangerines, and grapefruit from Mexico in transit to foreign countries via United States ports on the Mexican border.</P> <P>(a) <E T="03">Untreated fruit; general—</E>(1) <E T="03">Permit and notice of arrival required.</E> The owner shall, in advance of shipment of untreated oranges, tangerines, or grapefruit from Mexico via United States ports to any foreign country, procure a formal permit as provided in § 352.6, or application for permit may be submitted to the inspector at the port in the United States through which the shipment will move. Notice of arrival of such fruit shall be submitted as required by § 352.7.</P> <P>(2) <E T="03">Origin: period of entry.</E> Such fruit may enter from any State in Mexico throughout the year, in accordance with requirements of this section and other applicable provisions in this part.</P> <P>(3) <E T="03">Cleaning refrigerator cars and aircraft prior to return to the United States from Canada.</E> Refrigerator cars and aircraft that have been used to transport untreated oranges, tangerines, or grapefruit from Mexico through the United States to Canada shall be carefully swept and freed from all fruit, as well as boxes and rubbish, by the carrier involved prior to reentry into the United States.</P> <P>(4) <E T="03">Inspection; safeguards.</E> (i) Each shipment under paragraph (a) of this section shall be subject to such inspections and safeguards as are required by <PRTPAGE P="408"/>this section and such others as may be prescribed by the inspector pursuant to § 352.10.</P> <P>(ii) Truck loads of untreated oranges, tangerines, and grapefruit arriving from Mexico at authorized ports in the United States for loading into refrigerator cars, aircraft, or ships for movement to a foreign country shall be preinspected by an inspector for freedom from citrus leaves before entry into the United States or be accompanied by an acceptable certificate from an inspector as to such freedom. Trucks loaded with such untreated fruit that are not free of such leaves will be denied entry into the United States. Loaded trucks free of such leaves shall be convoyed by an inspector from point of arrival in the United States to the point of unloading, or shall move under such other safeguards as the inspector shall prescribe.</P> <P>(iii) All trucks, refrigerator cars, aircraft, and ships used to transport untreated fruit from Mexico through the United States to a foreign country under this paragraph (a) shall be subject to such treatment at the port of first arrival and elsewhere as may be required by the inspector, pursuant to this part, in order to prevent plant pest dissemination.</P> <P>(b) <E T="03">Additional conditions for overland movement of certain untreated fruit.</E> Untreated oranges, tangerines, and grapefruit from Mexico may move overland through the United States to a foreign country only in accordance with the following additional conditions:</P> <P>(1) <E T="03">Containers.</E> Such fruit shall be packed in containers of approximately the size customarily used by the trade for marketing such fruit in the United States.</P> <P>(2) <E T="03">Ports of entry.</E> Such fruit may enter only at Nogales, Arizona; or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo, Texas.</P> <P>(3) <E T="03">Carrier—</E>(i) <E T="03">Railway cars.</E> Refrigerator cars, in good condition, of United States or Canadian ownership only shall be used to transport such fruit by railway through the United States to Canada or other foreign country.</P> <P>(ii) <E T="03">Aircraft.</E> Aircraft may be used to transport such fruit from the ports named in paragraph (b)(2) of this section to points in Canada.</P> <P>(iii) <E T="03">Trucks.</E> Trucks may be used to haul such fruit from Mexico to shipside, or to approved refrigerated storage pending lading aboard ship, in Brownsville or Galveston, or alongside refrigerator cars or aircraft at the ports named in paragraph (b)(2) of this section for movement to a foreign country. Such trucks shall be of the van-type and shall be kept closed from time of entry into the United States until unloading is to commence; or the load shall be covered with a tarpaulin tightly tied down which shall not be removed or loosened from time of entry into the United States until unloading is to commence. Trucks may not be used otherwise to transport such fruit from Mexico overland through the United States.</P> <P>(4) <E T="03">Bonded rail movement—</E>(i) <E T="03">Routing.</E> Shipments of such fruit may move by direct route, in Customs bond and under Customs seal, without diversion or change of Customs entry en route, from the port of entry to the port of exit en route to Canada or to an approved North Atlantic port in the United States for export to another foreign country, as follows: The fruit may be entered at Nogales, Arizona, only for direct rail routing to El Paso, Texas, after which it shall traverse only the territory bounded on the west by a line drawn from El Paso, Texas, to Salt Lake City, Utah, and then to Portland, Oregon, and on the east by a line drawn from Brownsville, Texas, through Galveston, Texas, and Kinder, Louisiana, to Memphis, Tennessee, and then to Louisville, Kentucky, and due east therefrom, such territory to include railroad routes from Brownsville to Galveston and direct northward routes therefrom. Such fruit may also enter the United States from Mexico at any port listed in paragraph (b)(2) of this section for direct eastward rail movement in Customs bond and under Customs seal, without diversion en route, for reentry into Mexico.</P> <P>(ii) <E T="03">Icing.</E> All refrigerator cars transporting such fruit from States in Mexico other than Sonora shall be iced prior to crossing at Brownsville, Eagle Pass, El Paso, or Laredo, Texas, and shall be re-iced if necessary to prevent <PRTPAGE P="409"/>plant pest dissemination south of Little Rock, Arkansas, or a line drawn east and west therefrom. North of such a line no further icing is required. Icing, insofar as this part requires, may be omitted if all openings leading from the car to the ice bunkers are covered with a 14-mesh fly screen in a manner satisfactory to the inspector. All such cars must move through the United States with all doors closed and sealed.</P> <P>(5) <E T="03">Bonded air cargo movement.</E> Shipments of such fruit may move by direct route as air cargo, in Customs bond and without change of Customs entry while in the United States en route from the port of entry, to Canada. If an emergency occurs en route to the port of export that will require transshipment to another carrier, the owner should apply to the Plant Protection and Quarantine Programs <SU>4</SU> <FTREF/> for information as to applicable conditions.</P> <FTNT> <P> <SU>4</SU> The Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250.</P> </FTNT> <P>(c) <E T="03">Additional conditions for movement of certain untreated fruit by water route.</E> Untreated oranges, tangerines, and grapefruit from Mexico may move from Mexico to a foreign country by water route through the United States under this section only in accordance with the following additional conditions:</P> <P>(1) <E T="03">Ports of entry.</E> Such oranges, tangerines, and grapefruit may enter only at New York, Boston, or such other North Atlantic ports in the United States as may be named in permits, for exportation, or at Brownsville, or Galveston, Texas, for exportation by water route.</P> <P>(2) <E T="03">Routing through North Atlantic ports.</E> Such fruit entering via North Atlantic ports in the United States shall move by direct water route to New York or Boston, or to such other North Atlantic ports as may be named in the permit only for immediate direct export by water route to any foreign country, or for immediate transportation and exportation in Customs bond by direct rail route to Canada.</P> <P>(3) <E T="03">Exportation from Brownsville or Galveston by water.</E> (i) Such fruit laden in refrigerated holds for export from Brownsville or Galveston shall be stowed in closed compartments if the ship is to call at other Gulf or South Atlantic ports in the United States. The compartments are not to be opened while in such other Gulf or South Atlantic ports.</P> <P>(ii) Such fruit for export from Brownsville or Galveston, not laden in refrigerated holds, shall be stowed in closed compartments separate from other cargoes. Bulkheads of such compartments shall be kept closed. Hatches containing such fruit shall be closed and the tarpaulin battened down and sealed with Plant Protection and Quarantine Programs seals. Such seal shall remain unbroken while the ship is in any such Gulf or South Atlantic port or waters. Vents and ventilators leading to compartments in which the fruit is stowed must be screened with fine mesh screening. Advance notice of arrival of ships carrying untreated Mexican oranges, tangerines, or grapefruit shall be given to the inspector at such Gulf or South Atlantic ports of call.</P> <P>(d) <E T="03">Restriction on diversion or change of Customs entry.</E> Diversion or change of Customs entry shall not be permitted with movements authorized under paragraph (b) (4) or (5) or paragraph (c) of this section and the inspector at the original port of Customs entry shall appropriately endorse the Customs documents to show that fact: <E T="03">Provided,</E> That the inspector at such port of entry may, when consistent with the purposes of this part, approve diversion or change of Customs entry to permit movement to a different foreign country or entry into the United States subject to all other applicable requirements under this part or part 319 of this chapter. If diversion or change of Customs entry is desired at a Customs port in the United States where there is no inspector, the owner may apply to the Plant Protection and Quarantine Programs for information as to applicable conditions. If diversion or change of entry is approved at such a port, confirmation will be given by the Plant Protection and Quarantine Programs to appropriate Customs officers and Plant Protection and Quarantine Programs inspectors.<PRTPAGE P="410"/> </P> <P>(e) <E T="03">Untreated fruit from certain municipalities in Sonora, Mexico.</E> Oranges, tangerines, and grapefruit in transit to foreign countries may be imported from certain municipalities in Sonora, Mexico listed in § 319.56-2(h) of this chapter in accordance with the applicable conditions in subpart 319.56.</P> <P>(f) <E T="03">Treated fruit.</E> Oranges, tangerines, and grapefruit from Mexico which have been treated in Mexico in accordance with § 319.56-2f of this chapter may be imported through the United States ports for exportation in accordance with §§ 319.56 and 319.56-1 through 319.56-8 of this chapter.</P> <P>(g) <E T="03">Costs.</E> Costs shall be borne by the owner of the fruit as provided in § 352.14. This includes all costs for preinspection and convoying of loaded trucks and supervision of transloading from trucks to approved carriers or storage in United States ports when augmented inspection service has to be provided for such preinspection, convoying, and supervision.</P> <CITA>[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 55 FR 23066, June 6, 1990; 56 FR 13066, Mar. 29, 1991]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 353</EAR> <HD SOURCE="HED">PART 353—EXPORT CERTIFICATION</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>353.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>353.2</SECTNO> <SUBJECT>Purpose and administration.</SUBJECT> <SECTNO>353.3</SECTNO> <SUBJECT>Where service is offered.</SUBJECT> <SECTNO>353.4</SECTNO> <SUBJECT>Products covered.</SUBJECT> <SECTNO>353.5</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <SECTNO>353.6</SECTNO> <SUBJECT>Inspection.</SUBJECT> <SECTNO>353.7</SECTNO> <SUBJECT>Certificates.</SUBJECT> <SECTNO>353.8</SECTNO> <SUBJECT>Accreditation of non-government facilities.</SUBJECT> <SECTNO>353.9</SECTNO> <SUBJECT>Standards for accreditation of non-government facilities to perform laboratory seed health testing and seed crop phytosanitary inspection.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7711, 7712, 7718, 7751, and 7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 15368, Apr. 8, 1996, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 353.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Administrator.</E> The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.</P> <P> <E T="03">Agent.</E> An individual who meets the eligibility requirements set forth in § 353.6, and who is designated by the Animal and Plant Health Inspection Service to conduct phytosanitary field inspections of seed crops to serve as a basis for the issuance of phytosanitary certificates.</P> <P> <E T="03">Animal and Plant Health Inspection Service</E> (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.</P> <P> <E T="03">Certificate of heat treatment.</E> A certificate (PPQ Form 553) issued by an inspector endorsing the statement of an exporter that the coniferous packing materials associated with a shipment for export have been heat treated in the United States or in Canada by being subjected to a minimum core temperature of 56 °C for 30 minutes.</P> <P> <E T="03">Consignment.</E> One shipment of plants or plant products, from one exporter, to one consignee, in one country, on one means of conveyance; or any mail shipment to one consignee.</P> <P> <E T="03">Export certificate for processed plant products.</E> A certificate (PPQ Form 578) issued by an inspector, describing the plant health condition of processed or manufactured plant products based on inspection of submitted samples and/or by virtue of the processing received.</P> <P> <E T="03">Family.</E> An inspector or agent and his or her spouse, their parents, children, and first cousins.</P> <P> <E T="03">Industry-issued certificate.</E> A certificate issued by a representative of the concerned agricultural or forestry industry under the terms of a written agreement with the Animal and Plant Health Inspection Service, giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government.</P> <P> <E T="03">Inspector.</E> An employee of the Animal and Plant Health Inspection Service, or a State or county plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of plant products inspected under the Act.</P> <P> <E T="03">Non-government facility.</E> A laboratory, research facility, inspection service, or other entity that is maintained, at least in part, for the purpose of providing laboratory testing or phytosanitary inspection services and that is not operated by the Federal <PRTPAGE P="411"/>Government or by the government of a State or a subdivision of a State.</P> <P> <E T="03">Office of inspection.</E> The office of an inspector of plants and plant products covered by this part.</P> <P> <E T="03">Phytosanitary certificate.</E> A certificate (PPQ Form 577) issued by an inspector, giving the phytosanitary condition of domestic plants or unprocessed or unmanufactured plant products based on inspection of the entire lot or representative samples drawn by a Federal or State employee authorized to conduct such sampling.</P> <P> <E T="03">Phytosanitary certificate for reexport.</E> A certificate (PPQ Form 579) issued by an inspector, giving the phytosanitary condition of foreign plants and plant products legally imported into the United States and subsequently offered for reexport. The certificate certifies that, based on the original foreign phytosanitary certificate and/or additional inspection or treatment in the United States, the plants and plant products are considered to conform to the current phytosanitary regulations of the receiving country and have not been subjected to the risk of infestation or infection during storage in the United States. Plants and plant products which transit the United States under Customs bond are not eligible to receive the phytosanitary certificate for reexport.</P> <P> <E T="03">Plant pests.</E> Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances, which can directly or indirectly injure or cause disease or damage in any plants or parts thereof, or other products of plants.</P> <P> <E T="03">Plant products.</E> Products derived from nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables, including manufactured or processed products.</P> <P> <E T="03">Plants and plant products.</E> Nursery stock, other plants, plant parts, roots, bulbs, seeds, fruits, nuts, vegetables and other plant products, including manufactured or processed products.</P> <P> <E T="03">Reference Manual A.</E> The <E T="03">Reference Manual for Administration, Procedures, and Policies of the National Seed Health System</E>, published by the National Seed Health System (NSHS). Reference Manual A describes the structure, administration, procedures, policies, and working practices of the NSHS and also contains relevant documentation, forms, and references for the NSHS. Reference Manual A is incorporated by reference at § 300.1 of this chapter, and is available by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.</P> <P> <E T="03">Reference Manual B.</E> The <E T="03">Reference Manual for Seed Health Testing and Phytosanitary Field Inspection Methods</E>, published by the National Seed Health System (NSHS). Reference Manual B contains the detailed seed health testing, seed sampling, and inspection procedures for the NSHS. Reference Manual B is incorporated by reference at § 300.1 of this chapter, and is available by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/pim/accreditation.</P> <P> <E T="03">State.</E> Any of the States of the United States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States.</P> <P> <E T="03">The Act.</E> Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772, which was enacted June 20, 2000.</P> <CITA>[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 FR 72264, Dec. 27, 1999; 65 FR 50131, Aug. 17, 2000; 66 FR 21059, Apr. 27, 2001; 66 FR 37116, July 17, 2001; 66 FR 37400, July 18, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 353.2</SECTNO> <SUBJECT>Purpose and administration.</SUBJECT> <P>The export certification program does not require certification of any exports, but does provide certification of plants and plant products as a service to exporters. After assessing the phytosanitary condition of the plants or plant products intended for export, relative to the receiving country's regulations, an inspector issues an internationally recognized phytosanitary <PRTPAGE P="412"/>certificate (PPQ Form 577), a phytosanitary certificate for reexport (PPQ Form 579), an export certificate for processed plant products (PPQ Form 578), or a certificate of heat treatment (PPQ Form 553) if warranted. APHIS also enters into written agreements with industry to allow the issuance of industry-issued certificates giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government.</P> <CITA>[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 353.3</SECTNO> <SUBJECT>Where service is offered.</SUBJECT> <P>(a) Information concerning the location of inspectors who may issue certificates for plants and plant products may be obtained by contacting one of the following regional offices:</P> <GPOTABLE CDEF="s25,r25" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Region</CHED> <CHED H="1">States</CHED> </BOXHD> <ROW> <ENT I="01">Northeastern, Blason II, 1st Floor, 505 South Lenola Road, Moorestown, NJ 08057</ENT> <ENT>CT, ME, MA, NH, RI, VT, NY, NJ, PA, MD, DE, VA, WI, MN, IL, IN, OH, MI, WV.</ENT> </ROW> <ROW> <ENT I="01">Southeastern, 3505 25th Avenue, Building 1, North, Gulfport, MS 39501</ENT> <ENT>FL, AL, GA, KY, MS, TN, NC, SC, PR, US VI.</ENT> </ROW> <ROW> <ENT I="01">Central, 3505 Boca Chica Blvd., Suite 360, Brownsville, TX 78521-4065</ENT> <ENT>TX, OK, NE, AR, KS, LA, IA, MO, ND, SD.</ENT> </ROW> <ROW> <ENT I="01">Western, 9580 Micron Avenue, Suite I, Sacramento, CA 95827</ENT> <ENT>HI, CA, CO, ID, MT, UT, WY, WA, OR, NV, NM, AZ, AK.</ENT> </ROW> </GPOTABLE> <P>(b) Inspectors who may issue phytosanitary certificates for terrestrial plants listed in 50 CFR part 17 or 23 are available only at a port designated for export in 50 CFR part 24, or at a nondesignated port if allowed by the U.S. Department of the Interior pursuant to section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1538). The following locations are designated in 50 CFR part 24 as ports for export of terrestrial plants listed in 50 CFR part 17 or 23:</P> <P>(1) Any terrestrial plant listed in 50 CFR part 17 or 23: </P> <EXTRACT> <FP SOURCE="FP-1">Nogales, AZ</FP> <FP SOURCE="FP-1">Los Angeles, CA</FP> <FP SOURCE="FP-1">San Diego, CA</FP> <FP SOURCE="FP-1">San Francisco, CA</FP> <FP SOURCE="FP-1">Miami, FL</FP> <FP SOURCE="FP-1">Orlando, FL</FP> <FP SOURCE="FP-1">Honolulu, HI</FP> <FP SOURCE="FP-1">New Orleans, LA</FP> <FP SOURCE="FP-1">Hoboken, NJ (Port of New York)</FP> <FP SOURCE="FP-1">Jamaica, NY</FP> <FP SOURCE="FP-1">San Juan, PR</FP> <FP SOURCE="FP-1">Brownsville, TX</FP> <FP SOURCE="FP-1">El Paso, TX</FP> <FP SOURCE="FP-1">Houston, TX</FP> <FP SOURCE="FP-1">Laredo, TX</FP> <FP SOURCE="FP-1">Seattle, WA</FP> </EXTRACT> <P>(2) Any plant of the family Orchidaceae (orchids) listed in 50 CFR part 17 or 23: </P> <EXTRACT> <FP SOURCE="FP-1">Hilo, HI</FP> <FP SOURCE="FP-1">Chicago, IL</FP> </EXTRACT> <P>(3) Roots of American ginseng (<E T="03">Panax quinquefolius</E>) listed in 50 CFR 23.23: </P> <EXTRACT> <FP SOURCE="FP-1">Atlanta, GA</FP> <FP SOURCE="FP-1">Chicago, IL</FP> <FP SOURCE="FP-1">Baltimore, MD</FP> <FP SOURCE="FP-1">St. Louis, MO</FP> <FP SOURCE="FP-1">Milwaukee, WI</FP> </EXTRACT> <P>(4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for exportation to Canada: </P> <EXTRACT> <FP SOURCE="FP-1">Detroit, MI</FP> <FP SOURCE="FP-1">Buffalo, NY</FP> <FP SOURCE="FP-1">Rouses Point, NY</FP> <FP SOURCE="FP-1">Blaine, WA</FP> </EXTRACT> <P>(5) Any logs and lumber from trees listed in 50 CFR 17.12 or 23.23: </P> <EXTRACT> <FP SOURCE="FP-1">Mobile, AL</FP> <FP SOURCE="FP-1">Savannah, GA</FP> <FP SOURCE="FP-1">Baltimore, MD</FP> <FP SOURCE="FP-1">Gulfport, MS</FP> <FP SOURCE="FP-1">Wilmington and Morehead City, NC</FP> <FP SOURCE="FP-1">Portland, OR</FP> <FP SOURCE="FP-1">Philadelphia, PA</FP> <FP SOURCE="FP-1">Charleston, SC</FP> <FP SOURCE="FP-1">Norfolk, VA</FP> <FP SOURCE="FP-1">Vancouver, WA</FP> </EXTRACT> <P>(6) Plants of the species <E T="03">Dionaea muscipula</E> (Venus flytrap): </P> <EXTRACT> <FP SOURCE="FP-1">Wilmington, NC</FP> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 353.4</SECTNO> <SUBJECT>Products covered.</SUBJECT> <P>Plants and plant products when offered for export or re-export.</P> </SECTION> <SECTION> <SECTNO>§ 353.5</SECTNO> <SUBJECT>Application for certification.</SUBJECT> <P>(a) To request the services of an inspector, a written application (PPQ Form 572, or, to obtain a certificate of heat treatment, PPQ Form 553) shall be made as far in advance as possible, and shall be filed in the office of inspection at the port of certification, except that, for PPQ Form 553, the office of inspection need not be a port.<PRTPAGE P="413"/> </P> <P>(b) Each application shall be deemed filed when delivered to the proper office of inspection. When an application is filed, a record showing the date and time of filing shall be made in such office.</P> <P>(c) Only one application for any consignment shall be accepted, and only one certificate for any consignment shall be issued.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0052)</APPRO> <CITA>[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999]</CITA> </SECTION> <SECTION> <SECTNO>§ 353.6</SECTNO> <SUBJECT>Inspection.</SUBJECT> <P>Inspections shall be performed by agents, by inspectors, or by employees of a State plant protection agency who are authorized by the agency to perform field inspections in accordance with this part and who have successfully completed training in accordance with paragraph (a)(2)(iii) of this section. Employees of a State plant protection agency who are not agents may perform field inspections only under the supervision of an inspector.</P> <P>(a) <E T="03">Agent.</E> (1) Agents may conduct phytosanitary field inspections of seed crops in cooperation with and on behalf of those State plant regulatory agencies electing to use agents and maintaining a Memorandum of Understanding with the Animal and Plant Health Inspection Service in accordance with the regulations. The Memorandum of Understanding must state that agents shall be used in accordance with the regulations in this part. Agents are not authorized to issue Federal phytosanitary certificates, but are only authorized to conduct the field inspections of seed crops required as a basis for determining phytosanitary condition prior to the issuance of a phytosanitary certificate for the crops.</P> <P>(2) To be eligible for designation as an agent, an individual must:</P> <P>(i) Have the ability to recognize, in the crops he or she is responsible for inspecting, plant pests, including symptoms and/or signs of disease-causing organisms, of concern to importing countries.</P> <P>(ii) Have a bachelor's degree in the biological sciences, and a minimum of 1 year's experience in identifying plant pests endemic to crops of commercial importance within the cooperating State, or a combination of higher education in the biological sciences and experience in identifying such plant pests, as follows: </P> <EXTRACT> <FP SOURCE="FP-1">0 years education and 5 years experience;</FP> <FP SOURCE="FP-1">1 year education and 4 years experience;</FP> <FP SOURCE="FP-1">2 years education and 3 years experience;</FP> <FP SOURCE="FP-1">3 years education and 2 years experience; or</FP> <FP SOURCE="FP-1">4 years education and 1 year experience.</FP> <FP>The years of education and experience do not have to be acquired consecutively.</FP> </EXTRACT> <P>(iii) Successfully complete annual training provided by the State plant regulatory agency. The required training must include instruction in inspection procedures, identification of plant pests of quarantine importance to importing countries, methods of collection and submission of specimens (organisms and/or plants or plant parts) for identification, and preparation and submission of inspection report forms approved by the State plant regulatory agency.</P> <P>(iv) Have access to Federal or State laboratories for the positive identification of plants pests detected.</P> <P>(3) No agents shall inspect any plants or plant products in which they or a member of their family are directly or indirectly financially interested.</P> <P>(b) <E T="03">Inspector.</E> (1) An employee of the Animal and Plant Health Inspection Service, or a State or county regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of plants and plant products inspected under the Act.</P> <P>(2) To be eligible for designation as an inspector, a State or county plant regulatory official must:</P> <P>(i) Have a bachelor's degree in the biological sciences, and a minimum of 1 year's experience in Federal, State or county plant regulatory activities, or a combination of higher education in the biological sciences and experience in State plant regulatory activities, as follows: </P> <EXTRACT> <FP SOURCE="FP-1">0 years education and 5 years experience;</FP> <FP SOURCE="FP-1">1 year education and 4 years experience;</FP> <FP SOURCE="FP-1">2 years education and 3 years experience;</FP> <FP SOURCE="FP-1">3 years education and 2 years experience; or</FP> <FP SOURCE="FP-1">4 years education and 1 year experience.</FP> <FP>The years of education and experience do not have to be acquired consecutively.</FP> </EXTRACT> <PRTPAGE P="414"/> <P>(ii) Successfully complete, as indicated by receipt of a passing grade, the Animal and Plant Health Inspection Service training course on phytosanitary certification.</P> <P>(3) No inspectors shall inspect any plants or plant products in which they or a member of their family are directly or indirectly financially interested.</P> <P>(c) <E T="03">Applicant responsibility.</E> (1) When the services of an agent or an inspector are requested, the applicant shall make the plant or plant product accessible for inspection and identification and so place the plant or plant product to permit physical inspection of the lot for plant pests.</P> <P>(2) The applicant must furnish all labor involved in the inspection, including the moving, opening, and closing of containers.</P> <P>(3) Certificates may be refused for failure to comply with any of the foregoing provisions.</P> </SECTION> <SECTION> <SECTNO>§ 353.7</SECTNO> <SUBJECT>Certificates.</SUBJECT> <P>(a) <E T="03">Phytosanitary certificate (PPQ Form 577).</E> (1) For each consignment of domestic plants or unprocessed plant products for which certification is requested, the inspector shall sign and issue a separate certificate based on the findings of the inspection.</P> <P>(2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant.</P> <P>(3) One copy of each certificate shall be filed in the office of inspection at the port of certification, and one forwarded to the Administrator.</P> <P>(4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies.The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an inspection performed by a non-government facility accredited in accordance with § 353.8.</P> <P>(5) Inspectors may issue new certificates on the basis of inspections for previous certifications when the previously issued certificates can be canceled before they have been accepted by the phytopathological authorities of the country of destination involved.</P> <P>(b) <E T="03">Export certificate for processed plant products (PPQ Form 578).</E> (1) For each consignment of processed plant products for which certification is requested, the inspector shall sign and issue a certificate based on the inspector's findings after inspecting submitted samples and/or by virtue of processing received.</P> <P>(2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant.</P> <P>(3) One copy of each certificate shall be filed in the office of inspection at the port of certification.</P> <P>(4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies.The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an inspection performed by a non-government facility accredited in accordance with § 353.8.</P> <P>(5) Inspectors may issue new certificates on the basis of inspections/processing used for previous certifications.</P> <P>(c) <E T="03">Phytosanitary certificate for reexport (PPQ Form 579).</E> (1) For each consignment of foreign origin plants or unprocessed plant products for which certification is requested, the inspector shall sign and issue a certificate based on the original foreign phytosanitary certificate and/or additional inspection or treatment in the United States after determining that the consignment conforms to the current phytosanitary regulations of the receiving country and has not been subjected to the risk of infestation or infection during storage in the United States.</P> <P>(2) The original certificate shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant.</P> <P>(3) One copy of each certificate shall be filed in the office of inspection at the port of certification, and one forwarded to the Administrator.</P> <P>(4) The Administrator may authorize inspectors to issue certificates on the basis of inspections made by cooperating Federal, State, and county agencies.The Administrator may also authorize inspectors to issue a certificate on the basis of a laboratory test or an <PRTPAGE P="415"/>inspection performed by a non-government facility accredited in accordance with § 353.8.</P> <P>(5) Inspectors may issue new certificates on the basis of inspections for previous certifications when the previously issued certificates can be canceled before they have been accepted by the phytopathological authorities of the country of destination involved.</P> <P>(d) <E T="03">Industry-issued certificate.</E> A certificate issued under the terms of a written agreement between the Animal and Plant Health Inspection Service and an agricultural or forestry company or association giving assurance that a plant product has been handled, processed, or inspected in a manner required by a foreign government. The certificate may be issued by the individual who signs the agreement or his/her delegate.</P> <P>(1) <E T="03">Contents of written agreement.</E> In each written agreement, APHIS shall agree to cooperate and coordinate with the signatory agricultural or forestry company or association to facilitate the issuance of industry-issued certificates and to monitor activities under the agreement, and the concerned agricultural or forestry company or association agrees to comply with the requirements of the agreement. Each agreement shall specify the articles subject to the agreement and any measures necessary to prevent the introduction and dissemination into specified foreign countries of specified injurious plant pests. These measures could include such treatments as refrigeration, heat treatment, kiln drying, etc., and must include all necessary preshipment inspections and subsequent sign-offs and product labeling as identified by Plant Protection and Quarantine (PPQ), APHIS, based on the import requirements of the foreign country.</P> <P>(2) <E T="03">Termination of agreement.</E> An agreement may be terminated by any signatory to the agreement by giving written notice of termination to the other party. The effective date of the termination will be 15 days after the date of actual receipt of the written notice. Any agreement may be immediately withdrawn by the Administrator if he or she determines that articles covered by the agreement were moved in violation of any requirement of this chapter or any provision of the agreement. If the withdrawal is oral, the decision to withdraw the agreement and the reasons for the withdrawal of the agreement shall be confirmed in writing as promptly as circumstances permit. Withdrawal of an agreement may be appealed in writing to the Administrator within 10 days after receipt of the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the appellant relies to show that the agreement was wrongfully withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for granting or denying the appeal as promptly as circumstances permit. If there is a conflict as to any material fact and the person from whom the agreement is withdrawn requests a hearing, a hearing shall be held to resolve the conflict. Rules of practice concerning the hearing shall be adopted by the Administrator. No written agreement will be signed with an individual or a company representative of the concerned agricultural or forestry company or association who has had a written agreement withdrawn during the 12 months following such withdrawal, unless the withdrawn agreement was reinstated upon appeal.</P> <P>(e) <E T="03">Certificate of heat treatment (PPQ Form 553).</E> For each consignment containing coniferous packing materials for which certification is requested, the exporter or his or her representative shall complete blocks 1 through 4 of PPQ Form 553 and submit the original form and one copy to an inspector. The inspector shall complete and sign both the original form and the copy.</P> <P>(2) The original certificate of heat treatment shall immediately upon its issuance be delivered or mailed to the applicant or a person designated by the applicant.</P> <P>(3) One copy of each certificate shall be filed in the office of inspection.</P> <P>(4) The exporter or his or her representative must keep on file at his or her office a copy of each certificate issued in his or her name and documentation showing that heat treatment was performed on packing materials in the shipment referred to in the certificate. If the coniferous solid wood <PRTPAGE P="416"/>packing materials were heat treated in Canada, this documentation must include a certificate issued by the Canadian Food Inspection Agency stating that the packing materials have been heat treated through a treatment process that increased the minimum core wood temperature to 56 degrees Celsius for 30 minutes. The exporter must make these documents available to an inspector upon request for a period of 1 year following the date of issuance of the certificate.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0052 and 0579-0147)</APPRO> <CITA>[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 FR 72265, Dec. 27, 1999; 66 FR 37116, July 17, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 353.8</SECTNO> <SUBJECT>Accreditation of non-government facilities.</SUBJECT> <P>(a) The Administrator may accredit a non-government facility to perform specific laboratory testing or phytosanitary inspection services if the Administrator determines that the non-government facility meets the criteria of paragraph (b) of this section.<E T="51">1</E> <FTREF/> </P> <FTNT> <P> <E T="51">1</E> A list of accredited non-government facilities may be obtained by writing to Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD 20737-1236.</P> </FTNT> <P>(1) A non-government facility's compliance with the criteria of paragraph (b) of this section shall be determined through an assessment of the facility and its fitness to conduct the laboratory testing or phytosanitary inspection services for which it seeks to be accredited. If, after evaluating the results of the assessment, the Administrator determines that the facility meets the accreditation criteria, the facility's application for accreditation will be approved.</P> <P>(2) The Administrator may deny accreditation to, or withdraw the accreditation of, any non-government facility to conduct laboratory testing or phytosanitary inspection services upon a determination that the facility does not meet the criteria for accreditation or maintenance of accreditation under paragraph (b) of this section and has failed to take the remedial action recommended to correct identified deficiencies.</P> <P>(i) In the case of a denial, the operator of the facility will be informed of the reasons for the denial and may appeal the decision in writing to the Administrator within 10 days after receiving notification of the denial. The appeal must include all of the facts and reasons upon which the person relies to show that the facility was wrongfully denied accreditation. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her decision. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator.</P> <P>(ii) In the case of withdrawal, before such action is taken, the operator of the facility will be informed of the reasons for the proposed withdrawal. The operator of the facility may appeal the proposed withdrawal in writing to the Administrator within 10 days after being informed of the reasons for the proposed withdrawal. The appeal must include all of the facts and reasons upon which the person relies to show that the reasons for the proposed withdrawal are incorrect or do not support the withdrawal of the accreditation of the facility. The Administrator will grant or deny the appeal in writing as promptly as circumstances permit, stating the reason for his or her decision. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. However, withdrawal shall become effective pending final determination in the proceeding when the Administrator determines that such action is necessary to protect the public health, interest, or safety. Such withdrawal will be effective upon oral or written notification, whichever is earlier, to the operator of the facility. In the event of oral notification, written confirmation will be given as promptly as circumstances allow. This withdrawal will continue in effect pending the completion of the proceeding, and any judicial review thereof, unless otherwise ordered by the Administrator.<PRTPAGE P="417"/> </P> <P>(3) The Administrator will withdraw the accreditation of a non-government facility if the operator of the facility informs APHIS in writing that the facility wishes to terminate its accredited status.</P> <P>(4) A non-government facility whose accreditation has been denied or withdrawn may reapply for accreditation using the application procedures in paragraph (b) of this section. If the facility's accreditation was denied or withdrawn under the provisions of paragraph (a)(2) of this section, the facility operator must include with the application written documentation specifying what actions have been taken to correct the conditions that led to the denial or withdrawal of accreditation.</P> <P>(5) All information gathered during the course of a non-government facility's assessment and during the term of its accreditation will be treated by APHIS with the appropriate level of confidentiality, as set forth in the U.S. Department of Agriculture's administrative regulations in § 1.11 of this title.</P> <P>(b) <E T="03">Criteria for accreditation of non-government facilities.</E> (1) Specific standards for accreditation in a particular area of laboratory testing or phytosanitary inspection are set forth in this part and may be obtained by writing to APHIS. If specific standards for accreditation in a particular area of laboratory testing or phytosanitary inspection have not been promulgated by APHIS, and the Administrator determines that accreditation in that area is practical, APHIS will develop appropriate standards applicable to accreditation in the area for which the non-government facility is seeking accreditation and publish a notice of proposed rulemaking in the <E T="04">Federal Register</E> to inform the public and other interested persons of the opportunity to comment on and participate in the development of those standards.</P> <P>(2) The operator of a non-government facility seeking accreditation to conduct laboratory testing or phytosanitary inspection shall submit an application to the Administrator. The application must be completed and signed by the operator of the facility or his or her authorized representative and must contain the following:</P> <P>(i) Legal name and full address of the facility;</P> <P>(ii) Name, address, and telephone and fax number of the operator of the facility or his or her authorized representative;</P> <P>(iii) A description of the facility, including its physical plant, primary function, scope of operation, and, if applicable, its relationship to a larger corporate entity; and</P> <P>(iv) A description of the specific laboratory testing or phytosanitary inspection services for which the facility is seeking accreditation.</P> <P>(3) Upon receipt of the application, APHIS will review the application to identify the scope of the assessment that will be required to adequately review the facility's fitness to conduct the laboratory testing or phytosanitary inspection services for which it is seeking accreditation. Before the assessment of the facility begins, the applicant's representative must agree, in writing, to fulfill the accreditation procedure, especially to receive the assessment team, to supply any information needed for the evaluation of the facility, and to enter into a trust fund agreement as provided by paragraph (c) of this section to pay the fees charged to the applicant facility regardless of the result of the assessment and to pay the charges of subsequent maintenance of the accreditation of the facility. Once the agreement has been signed, APHIS will assemble an assessment team and commence the assessment as soon as circumstances permit. The assessment team will measure the facility's fitness to conduct the laboratory testing or phytosanitary inspection services for which it is seeking accreditation against the specific standards identified by the Administrator for those services by reviewing the facility in the following areas:</P> <P>(i) <E T="03">Physical plant.</E> The facility's physical plant (e.g., laboratory space, office space, greenhouses, vehicles, etc.) must meet the criteria identified in the accreditation standards as necessary to properly conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation.<PRTPAGE P="418"/> </P> <P>(ii) <E T="03">Equipment.</E> The facility's personnel must possess or have unrestricted access to the equipment (e.g., microscopes, computers, scales, triers, etc.) identified in the accreditation standards as necessary to properly conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation. The calibration and monitoring of that equipment must be documented and conform to prescribed standards.</P> <P>(iii) <E T="03">Methods of testing or inspection.</E> The facility must have a quality manual or equivalent documentation that describes the system in place at the facility for the conduct of the laboratory testing or phytosanitary inspection services for which the facility seeks accreditation. The manual must be available to, and in use by, the facility personnel who perform the services. The methods and procedures followed by the facility to conduct the laboratory testing or phytosanitary inspection services for which it seeks accreditation must be commensurate with those identified in the accreditation standards and must be consistent with or equivalent to recognized international standards for such testing or inspection.</P> <P>(iv) <E T="03">Personnel.</E> The management and facility personnel accountable for the laboratory testing or phytosanitary inspection services for which the facility is seeking accreditation must be identified and must possess the training, education, or experience identified in the accreditation standards as necessary to properly conduct the testing or inspection services for which the facility seeks accreditation, and that training, education, or experience must be documented.</P> <P>(4) To retain accreditation, the facility must agree to:</P> <P>(i) Observe the specific standards applicable to its area of accreditation;</P> <P>(ii) Be assessed and evaluated on a periodic basis by means of proficiency testing or check samples;</P> <P>(iii) Demonstrate on request that it is able to perform the tests or inspection services representative of those for which it is accredited;</P> <P>(iv) Resolve all identified deficiencies;</P> <P>(v) Notify APHIS as soon as possible, but no more than 10 days following its occurrence, of any change in key management personnel or facility staff accountable for the laboratory testing or phytosanitary inspection services for which the facility is accredited; and</P> <P>(vi) Report to APHIS as soon as possible, but no more than 10 days following its occurrence, any change involving the location, ownership, physical plant, equipment, or other conditions that existed at the facility at the time accreditation was granted.</P> <P>(c) <E T="03">Fees and trust fund agreement.</E> The fees charged by APHIS in connection with the initial accreditation of a non-government facility and the maintenance of that accreditation shall be adequate to recover the costs incurred by the government in the course of APHIS’ accreditation activities. To cover those costs, the operator of the facility seeking accreditation must enter into a trust fund agreement with APHIS under which the operator of the facility will pay in advance all estimated costs that APHIS expects to incur through its involvement in the pre-accreditation assessment process and the maintenance of the facility's accreditation. Those costs shall include administrative expenses incurred in those activities, such as laboratory fees for evaluating check test results, and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the APHIS in performing those activities. The operator of the facility must deposit a certified or cashier's check with APHIS for the amount of the costs, as estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the operator of the facility must deposit another certified or cashier's check with APHIS for the amount of the remaining costs, as determined by APHIS, before APHIS’ services will be completed. After a final audit at the conclusion of the pre-accreditation assessment, any overpayment of funds will be returned to the operator of the facility or held on account until needed for future activities related to the <PRTPAGE P="419"/>maintenance of the facility's accreditation.</P> <APPRO>Approved by the Office of Management and Budget under control number 0579-0130)</APPRO> <CITA>[64 FR 1105, Jan. 8, 1999, as amended at 66 FR 37400, July 18, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 353.9</SECTNO> <SUBJECT>Standards for accreditation of non-government facilities to perform laboratory seed health testing and seed crop phytosanitary inspection.</SUBJECT> <P>(a) <E T="03">Application for accreditation, certification of accreditation, and monitoring of accredited facilities.</E> A facility may apply to be accredited to perform laboratory seed health testing or seed crop phytosanitary inspection, or to renew such accreditation, by submitting an application in accordance with § 353.8(b)(2) of this part. If there are portions of the application deemed to contain trade secret or confidential business information (CBI), each page of the application containing such information should be marked “CBI Copy.” The application must be accompanied by a copy of the facility's quality manual and a nonrefundable application fee of $1,000. The applicant must make additional deposits to cover the costs of gaining and maintaining accreditation into a trust fund established in accordance with § 353.8(c) of this part upon request by the Administrator.</P> <P>(1) Upon determining that a facility is eligible for accreditation, the Administrator will issue the facility a certificate of accreditation. Accreditation will be for a period of 3 years from the date of issuance of the certificate of accreditation and may be renewed by submitting a new application and application fee in accordance with this paragraph.</P> <P>(2) The Administrator may deny or withdraw accreditation in accordance with § 353.8(a)(2) of this part. A facility may appeal denial of accreditation in accordance with § 353.8(a)(2)(i) of this part, and may appeal withdrawal of accreditation in accordance with § 353.8(a)(2)(ii) of this part.</P> <P>(3) A facility that has been denied accreditation or had its accreditation withdrawn may not reapply within 60 days of the date the facility was notified in writing that accreditation was denied or withdrawn.</P> <P>(4) After a facility is accredited, the facility must allow APHIS access to the facility and all of its equipment and records for the purpose of conducting unannounced audits to determine the facility's continuing eligibility for accreditation. Such audits will occur at least once a year and may be performed more frequently at the discretion of the Administrator.</P> <P>(b) <E T="03">Standards for accreditation.</E> A facility that, in accordance with § 353.8(b)(2) of this part, applies to be accredited to perform laboratory seed health testing or seed crop phytosanitary inspection will be evaluated for accreditation against these standards:</P> <P>(1) <E T="03">Physical plant.</E> The facility's physical plant (e.g., laboratory space, office space, greenhouses, vehicles, etc.) must:</P> <P>(i) Have laboratory and office spaces enclosed by walls and locking doors to prevent unauthorized access;</P> <P>(ii) Conform to all State and local zoning and other ordinances; and</P> <P>(iii) Provide a work area that is dedicated to laboratory functions and has sufficient space to conduct the required tests and store the materials and samples required for the tests in a manner that prevents contamination by other samples in the laboratory and from other sources.</P> <P>(2) The facility must have access to all equipment required to conduct the laboratory testing or seed crop phytosanitary inspections for which it is accredited. Specific test methodologies, materials, and the calibration and monitoring of the equipment must conform to Reference Manual B, which is incorporated by reference at § 300.1 of this chapter. The general requirements for each test category are as follows:</P> <P>(i) <E T="03">Seed crop phytosanitary inspections.</E> Seed crop phytosanitary inspection may also include related activities such as collection of seed samples for later laboratory testing, visual inspection of seed just prior to export, and inspection of greenhouses or growth chambers where plants are grown for seed production, as well as visual inspection of seed crops. In the field, inspectors must use accurate field maps, hand lenses, and secure containers for <PRTPAGE P="420"/>the collection, storage, and transportation of samples. Inspectors must have direct access to a laboratory that is fully equipped to carry out any necessary diagnostic tests needed for field samples.</P> <P>(ii) <E T="03">Direct visual examination.</E> Visual examination of seed requires a stereo microscope. Visual examination of tissue requires a compound light microscope. Visual examination of loosely attached or accompanying material requires a centrifuge and shaker.</P> <P>(iii) <E T="03">Incubation.</E> Required equipment includes incubation chambers, laminar flow hoods, media preparation equipment, scales, pH meters, distilled and sterile water, gas burners, an autoclave, and the appropriate media for the specified tests.</P> <P>(iv) <E T="03">Grow-out tests.</E> Grow-out tests require a greenhouse, growth chamber, or an outdoor quarantine location, and access to a laboratory that is fully equipped to carry out any required diagnostic tests.</P> <P>(v) <E T="03">Serological tests.</E> These tests require grinding, extraction, and sample purification equipment; fluorescent microscopes; plate readers; spectrophotometers; and the appropriate assay materials; or the appropriate equipment to use field ready test kits.</P> <P>(vi) <E T="03">DNA probes.</E> To conduct these tests, a laboratory must be equipped with polymerase chain reaction (PCR) equipment, including thermal cyclers, electrophoresis and gel blotting equipment, and the reagents and DNA polymerases necessary to conduct the PCR.</P> <P>(3) <E T="03">Methods of testing and inspection.</E> The facility must conduct its laboratory seed health testing and seed crop phytosanitary inspection procedures in accordance with Reference Manual B. The facility must have a quality manual documenting its quality system for laboratory seed health testing and seed crop phytosanitary inspection procedures. The quality system must follow the general guidelines described in ANSI/ASQC Q9001-1994, <E T="03">American National Standard: Quality Systems-Model for Quality Assurance in Design, Development, Production, Installation and Servicing.</E> Acceptable models for quality systems for accredited facilities are also described in detail in Reference Manual A, which is incorporated by reference at § 300.1 of this chapter. The personnel who perform the testing and inspection services must comply with the quality manual, and management must enforce this compliance. The facility must maintain documented procedures for identification, collection, indexing, access, filing, storage, maintenance, and disposition of quality system records. The facility must maintain quality system records to demonstrate conformance to the quality manual and the effective operation of the quality system.</P> <P>(4) <E T="03">Personnel.</E> There must be a selection procedure and a training system to ensure technical competence of all staff members. The education, technical knowledge, and experience required to perform assigned test and inspection functions must be documented and clearly defined. In addition:</P> <P>(i) Evaluation of plant or tissue samples must be undertaken by a plant pathologist or by laboratory technicians under the supervision of a plant pathologist, who may provide such supervision either on-site, or from a remote location. Where personnel are required to be trained at a facility to evaluate the particular types of plants or tissue samples handled by the facility, the training program must be evaluated by APHIS and determined to be effective.</P> <P>(ii) All staff must have access to and be familiar with the reference materials, guides, and manuals required for the routine performance of the tests and inspections they conduct.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0130)</APPRO> <CITA>[66 FR 37400, July 18, 2001]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 354</EAR> <HD SOURCE="HED">PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>354.1</SECTNO> <SUBJECT>Overtime work at border ports, sea ports, and airports.</SUBJECT> <SECTNO>354.2</SECTNO> <SUBJECT>Administrative instructions prescribing commuted traveltime.</SUBJECT> <SECTNO>354.3</SECTNO> <SUBJECT>User fees for certain international services.</SUBJECT> <SECTNO>354.4</SECTNO> <SUBJECT>User fees for certain domestic services.</SUBJECT> <SECTNO>354.5</SECTNO> <SUBJECT>Penalties for nonpayment or late payment of user fees.</SUBJECT> </CONTENTS> <AUTH> <PRTPAGE P="421"/> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SECTION> <SECTNO>§ 354.1</SECTNO> <SUBJECT>Overtime work at border ports, sea ports, and airports.</SUBJECT> <P>(a)(1) Any person, firm, or corporation having ownership, custody, or control of plants, plant products, animals, animal byproducts, or other commodities or articles subject to inspection, laboratory testing, certification, or quarantine under this chapter and subchapter D of chapter I, title 9 CFR, who requires the services of an employee of the Animal and Plant Health Inspection Service on a Sunday or holiday, or at any other time outside the regular tour of duty of the employee, shall sufficiently in advance of the period of Sunday or holiday or overtime service request the Animal and Plant Health Inspection Service inspector in charge to furnish the service during the overtime or Sunday or holiday period, and shall pay the Government at a rate of $47.96 per work-hour per employee on a Sunday and at the rate of $37.84 per work-hour per employee for holiday or any other period, except as provided in paragraphs (a)(1)(i), (ii), and (iii) of this section:</P> <P>(i) For any services performed on a Sunday or holiday, or at any time after 5 p.m. or before 8 a.m. on a weekday, in connection with the arrivals in or departure from the United States of a private aircraft or vessel, the total amount payable shall not exceed $25 for all inspection services performed by the Customs Service, Immigration and Naturalization Service, Public Health Service, and the Department of Agriculture;</P> <P>(ii) Owners and operators of aircraft will be provided service without reimbursement during regularly established hours of service on a Sunday or holiday; and</P> <P>(iii) The overtime rate to be charged owners or operators of aircraft at airports of entry or other places of inspection as a consequence of the operation of the aircraft, for work performed outside of the regularly established hours of service on a Sunday will be $39.36 and for work performed outside of the regularly established hours of service for a holiday or any other period will be $30.64 per hour (these charges exclude administrative overhead costs).</P> <P>(2) A minimum charge of 2 hours shall be made for any Sunday or holiday or unscheduled overtime duty performed by an employee on a day when no work was scheduled for him or which is performed by an employee on his regular workday beginning either at least 1 hour before his scheduled tour of duty or which is not in direct continuation of the employee's regular tour of duty. In addition, each such period of Sunday or holiday or unscheduled overtime work to which the 2-hour minimum charge provision applies may include a commuted traveltime period (CTT) the amount of which shall be prescribed in administrative instructions to be issued by the Administrator, Animal and Plant Health Inspection Service for the areas in which the Sunday or holiday or overtime work is performed and such period shall be established as nearly as may be practicable to cover the time necessarily spent in reporting to and returning from the place at which the employee performs such Sunday or holiday or overtime duty. With respect to places of duty within the metropolitan area of the employee's headquarters, such CTT period shall not exceed 3 hours. It shall be administratively determined from time to time which days constitute holidays. The circumstances under which such CTT periods shall be charged and the percentage applicable in each circumstance are as reflected in the following table:</P> <GPOTABLE CDEF="s40,xs32,xs32,xs32" COLS="4" OPTS="L2,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Actual time<SU>1</SU> charge—no minimum</CHED> <CHED H="1">2-hour guarantee charge</CHED> <CHED H="1">Commuted<SU>2</SU> traveltime (CTT) charge</CHED> </BOXHD> <ROW EXPSTB="03" RUL="03,s"> <ENT I="21"> <E T="04">Charges for Inspection Within Metropolitan Area of Employee's Headquarters</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="11">Work beginning before daily tour begins:</ENT> </ROW> <ROW> <ENT I="02">8 to 59 minutes</ENT> <ENT>Yes</ENT> <ENT>No</ENT> <ENT>None.</ENT> </ROW> <ROW> <ENT I="02">60 to 119 minutes</ENT> <ENT/> <ENT>Yes</ENT> <ENT> <FR>1/2</FR> CTT.</ENT> </ROW> <ROW> <ENT I="02">120 minutes or more</ENT> <ENT/> <ENT>Yes</ENT> <ENT>Full CTT.</ENT> </ROW> <ROW> <ENT I="11">Work beginning after daily tour ends:</ENT> </ROW> <ROW> <ENT I="02">Direct continuation</ENT> <ENT>Yes</ENT> <ENT>No</ENT> <ENT>None.</ENT> </ROW> <ROW> <ENT I="12">Break-in-service of:</ENT> </ROW> <ROW> <ENT I="03">2-29 minutes</ENT> <ENT/> <ENT>Yes</ENT> <ENT>None.</ENT> </ROW> <ROW> <PRTPAGE P="422"/> <ENT I="03">30-60 minutes</ENT> <ENT/> <ENT>Yes</ENT> <ENT> <FR>1/2</FR> CTT.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="03">61 minutes or more</ENT> <ENT/> <ENT>Yes</ENT> <ENT>Full CTT.</ENT> </ROW> <ROW EXPSTB="03" RUL="03,s"> <ENT I="21"> <E T="04">Charges for Inspection Services Performed Outside Metropolitan Area of Employee's Headquarters</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="11">Work beginning before daily tour begins:</ENT> </ROW> <ROW> <ENT I="02">8 to 59 minutes</ENT> <ENT>Yes</ENT> <ENT>No</ENT> <ENT> <FR>1/2</FR> CTT.</ENT> </ROW> <ROW> <ENT I="02">60 minutes or more</ENT> <ENT/> <ENT>Yes</ENT> <ENT>Full CTT.</ENT> </ROW> <ROW> <ENT I="11">Work beginning after daily tour ends:</ENT> </ROW> <ROW> <ENT I="02">Direct continuations</ENT> <ENT>Yes</ENT> <ENT>No</ENT> <ENT> <FR>1/2</FR> CTT.</ENT> </ROW> <ROW> <ENT I="02">2-59 minutes</ENT> <ENT>No</ENT> <ENT>Yes</ENT> <ENT> <FR>1/2</FR> CTT.</ENT> </ROW> <ROW RUL="03,s"> <ENT I="02">60 minutes or more</ENT> <ENT>No</ENT> <ENT>Yes</ENT> <ENT>Full CTT.</ENT> </ROW> <ROW EXPSTB="03" RUL="03,s"> <ENT I="21"> <E T="04">Charges for Call Out Inspection Service on Holiday or Nonworkday</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Work beginning at any time</ENT> <ENT>No</ENT> <ENT>Yes</ENT> <ENT>Full CTT.</ENT> </ROW> <TNOTE> <SU>1</SU> Actual time charged when work is contiguous with the daily tour will be in quarter hour multiples, with service time of 8 minutes or more rounded up to the next quarter hour and any time of less than 8 minutes will be disregarded.</TNOTE> <TNOTE> <SU>2</SU> The full CTT allowance will be the amount of commuted traveltime prescribed for the place at which the inspections are performed. See § 354.2. One-half CTT is <FR>1/2</FR> of the full CTT period.</TNOTE> </GPOTABLE> <P>(b) The Animal and Plant Health Inspection Service inspector in charge of honoring a request to furnish inspection, laboratory testing, quarantine or certification service, shall assign employees to such Sunday or holiday or overtime duty with due regard to the work program and availability of employees for duty.</P> <P>(c) As used in this section—</P> <P>(1) The term <E T="03">private aircraft</E> means any civilian aircraft not being used to transport persons or property for compensation or hire, and</P> <P>(2) The term <E T="03">private vessel</E> means any civilian vessel not being used (i) to transport persons or property for compensation or hire, or (ii) in fishing operations or in processing of fish or fish products.</P> <P>(d)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity acting as an agent or broker by requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service inspector on behalf of any other person, firm, partnership, corporation, or other legal entity (principal), and who has not previously requested such service from an Animal and Plant Health Inspection Service inspector, must pay the inspector before service is provided.</P> <P>(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service either returning the difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.</P> <P>(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the Animal and Plant Health Inspection Service determines that the agent, broker, or principal has established an acceptable credit history.</P> <P>(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service inspector.</P> <P>(e)(1) Any principal, or any person, firm, partnership, corporation, or other legal entity requesting Sunday, holiday, or overtime services of an Animal and Plant Health Inspection Service inspector, and who has a debt to the Animal and Plant Health Inspection Service more than 60 days delinquent, must pay the inspector before service is provided.</P> <P>(2) Since the payment must be collected before service can be provided, the Animal and Plant Health Inspection Service inspector will estimate the amount to be paid. Any difference between the inspector's estimate and the actual amount owed to the Animal and Plant Health Inspection Service will be resolved as soon as reasonably possible following the delivery of service, with the Animal and Plant Health Inspection Service either returning the <PRTPAGE P="423"/>difference to the agent, broker, or principal, or billing the agent, broker, or principal for the difference.</P> <P>(3) The prepayment must be in some guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.</P> <P>(4) For security reasons, cash payments will be accepted only from 7 a.m. to 5 p.m., and only at a location designated by the Animal and Plant Health Inspection Service inspector.</P> <P>(f) Reimbursable Sunday, holiday, or overtime services will be denied to any principal, or any person, firm, partnership, corporation, or other legal entity who has a debt to the Animal and Plant Health Inspection Service more than 90 days delinquent. Services will be denied until the delinquent debt is paid.</P> <CITA>[49 FR 1173, Jan. 10, 1984, as amended at 49 FR 12186, Mar. 29, 1984; 49 FR 19441, May 8, 1984; 52 FR 16822, May 6, 1987; 53 FR 52975, Dec. 30, 1988; 54 FR 13506, Apr. 4, 1989; 55 FR 3198, Jan. 31, 1990; 55 FR 41059, Oct. 9, 1990; 56 FR 1082, Jan. 11, 1991; 58 FR 32434, June 10, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 354.2</SECTNO> <SUBJECT>Administrative instructions prescribing commuted traveltime.</SUBJECT> <P>Each period of overtime and holiday duty, as defined in § 354.1 shall, in addition, include a commuted traveltime period for the respective ports, stations, and areas in which employees are located. The prescribed commuted traveltime periods are set forth below:</P> <GPOTABLE CDEF="s60,r40,5,10" COLS="4" OPTS="L2"> <TTITLE>Commuted Traveltime Allowances</TTITLE> <TDESC>[In hours]</TDESC> <BOXHD> <CHED H="1">Location covered</CHED> <CHED H="1">Served from—</CHED> <CHED H="1">Metropolitan area</CHED> <CHED H="2">Within</CHED> <CHED H="2">Outside</CHED> </BOXHD> <ROW> <ENT I="11">Alabama:</ENT> </ROW> <ROW> <ENT I="02">Birmingham (including Birmingham Municipal Airport)</ENT> <ENT>Alabaster</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Birmingham (including Birmingham Municipal Airport)</ENT> <ENT>Pelham</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Chickasaw</ENT> <ENT>Mobile</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Huntsville</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Mobile</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Montgomery</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Alaska:</ENT> </ROW> <ROW> <ENT I="02">Anchorage</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Seward</ENT> <ENT>Anchorage</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Arizona:</ENT> </ROW> <ROW> <ENT I="02">Davis-Monthan AFB, Tucson</ENT> <ENT>Nogales</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Douglas</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Douglas</ENT> <ENT>Nogales</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Fort Huachuca Army Base, Sierra Vista</ENT> <ENT>Douglas or Nogales</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fort Huachuca Army Base, Sierra Vista</ENT> <ENT>Tucson</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Nogales</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Phoenix</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Phoenix</ENT> <ENT>Nogales</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Phoenix</ENT> <ENT>Tucson</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">San Luis</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Sasabe</ENT> <ENT>Nogales</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Tucson</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tucson</ENT> <ENT>Nogales</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Yuma International airport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Arkansas:</ENT> </ROW> <ROW> <ENT I="02">Dardanelle</ENT> <ENT>Conway</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Dardanelle</ENT> <ENT>Little Rock</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Eaker AFB</ENT> <ENT>Blytheville</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Fort Smith</ENT> <ENT>Conway</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fort Smith</ENT> <ENT>Little Rock</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Helena</ENT> <ENT>Blytheville</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Helena</ENT> <ENT>Little Rock</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Little Rock</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Little Rock</ENT> <ENT>Conway</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Little Rock AFB</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Little Rock AFB</ENT> <ENT>Conway</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Osceola</ENT> <ENT>Blytheville</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Pine Bluff</ENT> <ENT>Conway</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Pine Bluff</ENT> <ENT>Little Rock</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="424"/> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">West Memphis</ENT> <ENT>Blytheville</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Bahamas:</ENT> </ROW> <ROW> <ENT I="02">Nassau</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Freeport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Bermuda:</ENT> </ROW> <ROW> <ENT I="02">Ferry Reach</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="11">California:</ENT> </ROW> <ROW> <ENT I="02">Andrade</ENT> <ENT>Calexico</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Antioch</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Bakersfield</ENT> <ENT>Shafter</ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Beale AFB</ENT> <ENT>Sacramento</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Burbank</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Calexico</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Camp Pendleton, USMC, Oceanside</ENT> <ENT>San Diego</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Castle AFB</ENT> <ENT>Merced</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Edwards AFB</ENT> <ENT>Ontario</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">El Segundo</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">El Toro MCAS</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fairfield</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Fresno</ENT> <ENT>Shafter</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fresno</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Hanford</ENT> <ENT>Shafter</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Lemoore</ENT> <ENT>Shafter</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">George AFB</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Hamilton AFB, Novato</ENT> <ENT>Travis AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Los Angeles (including San Pedro, Los Angeles Harbor, Los Angeles International Airport, Long Beach Harbor, and Long Beach Municipal Airport)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">March AFB</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">March AFB</ENT> <ENT>Ontario</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Martinez</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Mather Field AFB</ENT> <ENT>Travis AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Mather Airfield</ENT> <ENT>Sacramento</ENT> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Mather AFB</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">McClellan AFB</ENT> <ENT>Sacramento</ENT> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">McClellan AFB</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">McClellan AFB</ENT> <ENT>Travis AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Merced/Atwater (Old Castle AFB)</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Moffett Field NAS, Sunnyside</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Moffett Field NAS, Sunnyside</ENT> <ENT>San Jose</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Monterey</ENT> <ENT>San Jose</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Monterey</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Moss Beach Landing</ENT> <ENT>San Jose</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Norton AFB</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Ontario</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Palm Springs International Airport</ENT> <ENT>Ontario</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Pittsburg</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Port Chicago</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Port Hueneme</ENT> <ENT>Port Hueneme</ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Port Hueneme</ENT> <ENT>San Pedro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Redwood City</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Richmond</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Rodeo</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sacramento</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Sacramento</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Sacramento</ENT> <ENT>San Jose</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Sacramento</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sacramento</ENT> <ENT>Travis AFB</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Sacramento International Airport</ENT> <ENT>Sacramento</ENT> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Sacramento Metropolitan Airport</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Sacramento Metropolitan Airport</ENT> <ENT>Travis AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sacramento Seaport</ENT> <ENT>Sacramento</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">San Bernardino International Airport (Old Norton AFB)</ENT> <ENT>Ontario</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">San Diego (including Mexican border at San Ysidro; Brown, Gillespie, and Lindbergh Fields, Imperial Beach; North Island, Miramar and Naval and Civilian Maritime within the San Diego Unified Port District)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">San Diego</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <PRTPAGE P="425"/> <ENT I="02">San Francisco (including Alameda, Oakland, San Francisco International Airport, and Oakland International Airport)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">San Francisco</ENT> <ENT>San Jose</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">San Jose</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">San Jose</ENT> <ENT>Sacramento</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">San Jose</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">San Jose</ENT> <ENT>Stockton</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">San Luis Obispo Seaport</ENT> <ENT>Port Hueneme</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Santa Barbara Airport</ENT> <ENT>Port Hueneme</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Seal Beach</ENT> <ENT>Los Angeles</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Southern California International Airport (Old George AFB)</ENT> <ENT>Ontario</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Stockton</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Stockton</ENT> <ENT>Sacramento</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Stockton</ENT> <ENT>San Jose</ENT> <ENT/> <ENT>4<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Tecate</ENT> <ENT>San Ysidro</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Travis AFB</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Travis AFB</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Vallejo</ENT> <ENT>San Francisco</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Canada:</ENT> </ROW> <ROW> <ENT I="02">Vancouver, BC (including Richmond)</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">Colorado:</ENT> </ROW> <ROW> <ENT I="02">Denver (including Stapleton International Airport)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ent AFB (Peterson Field)</ENT> <ENT>Denver</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Stapleton International Airport</ENT> <ENT>Ft. Collins</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">Connecticut:</ENT> </ROW> <ROW> <ENT I="02">Bridgeport</ENT> <ENT>Groton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Bridgeport</ENT> <ENT>Wallingford</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Bridgeport</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Bridgeport</ENT> <ENT>Windsor Locks</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Groton (including New London)</ENT> <ENT>Wallingford</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Groton (including New London)</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Groton (including New London)</ENT> <ENT>Windsor Locks</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Groton (including New London)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">New Haven</ENT> <ENT>Groton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">New Haven</ENT> <ENT>Wallingford, CT</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">New Haven</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">New Haven</ENT> <ENT>Windsor Locks</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT>Boston, MA</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT>Groton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT>Hadley, MA</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT>Wallingford</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Windsor Locks (including Bradley Field)</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Delaware:</ENT> </ROW> <ROW> <ENT I="02">Dover</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dover</ENT> <ENT>Wilmington</ENT> <ENT/> <ENT>3<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Wilmington (including NCCA, Delaware City, and Claymont)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Wilmington (including NCCA, Delaware City, and Claymont)</ENT> <ENT>Dover</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Wilmington</ENT> <ENT>Philadelphia, PA</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Wilmington</ENT> <ENT>Baltimore, MD</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Wilmington</ENT> <ENT>Bridgeton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Wilmington</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">District of Columbia:</ENT> </ROW> <ROW> <ENT I="02">Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)</ENT> <ENT>Andrews AFB, MD</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)</ENT> <ENT>Beltsville, MD</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Washington, DC Metropolitan area (including Arlington and Alexandria, VA; Andrews AFB, MD; and Washington Navy Yard)</ENT> <ENT>Dulles International Airport, VA</ENT> <ENT>2<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Florida:</ENT> </ROW> <ROW> <ENT I="02">Apalachicola</ENT> <ENT>Panama City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <PRTPAGE P="426"/> <ENT I="02">Apalachicola</ENT> <ENT>Pensacola</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Boca Grande</ENT> <ENT>Tampa</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Eglin AFB</ENT> <ENT>Panama City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Eglin AFB</ENT> <ENT>Pensacola</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fort Lauderdale</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fort Meyers</ENT> <ENT>Tampa</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fort Myers</ENT> <ENT>Fort Myers</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fort Myers</ENT> <ENT>Palmetto</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fort Pierce</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fort Pierce</ENT> <ENT>West Palm Beach</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Jacksonville</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Key West</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Marathon</ENT> <ENT>Key West</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Miami</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Orlando</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Orlando</ENT> <ENT>Port Canaveral</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Orlando</ENT> <ENT>Ocoee</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Panama City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Panama City</ENT> <ENT>Pensacola</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Patrick AFB</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Pensacola</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Pensacola</ENT> <ENT>Mobile, AL</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Pensacola</ENT> <ENT>Panama City</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Pompano Beach</ENT> <ENT>Fort Lauderdale</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Port Canaveral</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Port Everglades</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Port St. Joe</ENT> <ENT>Panama City</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Port St. Joe</ENT> <ENT>Pensacola</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">St. Petersburg/Clearwater</ENT> <ENT>Tampa</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tampa</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">West Palm Beach</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Georgia:</ENT> </ROW> <ROW> <ENT I="02">Atlanta</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Brunswick</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Brunswick</ENT> <ENT>Savannah</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Atlanta</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Marietta</ENT> <ENT>Atlanta</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">St. Mary's</ENT> <ENT>Brunswick</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">St. Mary's</ENT> <ENT>Jacksonville, FL</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Savannah</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Hawaii:</ENT> </ROW> <ROW> <ENT I="02">Barbers Point NAS</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Barking Sands NAS</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Hilo</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Honolulu</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kaanapali, Lahaina, Maui</ENT> <ENT>Kahului, Maui</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Kaanapali, Lahaina (Maui)</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Kahului, Maui</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kahului, Maui</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Kailua, Kona</ENT> <ENT>Hilo</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Kailua, Kona</ENT> <ENT>Keahole</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kalapana</ENT> <ENT>Hilo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Kaneohi MCAS</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Kapaa</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Kapahi</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Keaau</ENT> <ENT>Hilo</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Keahole</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Keauhou</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Keauhou</ENT> <ENT>Keahole</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Lihue Airport</ENT> <ENT>Lihue</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lihue, Kauai</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lihue, Kauai</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Mahaiula</ENT> <ENT>Keahole</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Napili-Kapalua</ENT> <ENT>Maui</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Nawiliwili</ENT> <ENT>Lihue</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Poipu</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Port Allen</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <PRTPAGE P="427"/> <ENT I="02">Princeville</ENT> <ENT>Lihue</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">South Kohala</ENT> <ENT>Hilo</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Wahiawa, Oahu</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Wailea-Makena</ENT> <ENT>Maui</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">West Loch, Pearl Harbor</ENT> <ENT>Honolulu</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Idaho:</ENT> </ROW> <ROW> <ENT I="02">Mountain Home AFB</ENT> <ENT>Caldwell</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Mountain Home AFB</ENT> <ENT>Twin Falls</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">Illinois:</ENT> </ROW> <ROW> <ENT I="02">Chicago</ENT> <ENT/> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Indiana:</ENT> </ROW> <ROW> <ENT I="02">Burns Harbor (including Gary)</ENT> <ENT>Frankfort</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Evansville</ENT> <ENT>Franklin</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Gary</ENT> <ENT>Hanna</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Indianapolis</ENT> <ENT>Frankfort</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Indianapolis</ENT> <ENT>Franklin</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Indianapolis</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Mount Vernon</ENT> <ENT>Franklin</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Iowa:</ENT> </ROW> <ROW> <ENT I="02">Davenport</ENT> <ENT>Des Moines</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Des Moines</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Soiux City</ENT> <ENT>Des Moines</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Des Moines</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">Kansas:</ENT> </ROW> <ROW> <ENT I="02">Johnson County Industrial</ENT> <ENT>Kansas City, MO</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Topeka</ENT> <ENT>Kansas City, MO</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Topeka</ENT> <ENT>Wichita</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Wichita</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="11">Kentucky:</ENT> </ROW> <ROW> <ENT I="02">Covington</ENT> <ENT>Lexington</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Fort Campbell</ENT> <ENT>Brentwood, TN</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Fort Campbell</ENT> <ENT>Jackson, TN</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Greater Cincinnati Airport</ENT> <ENT>Erlanger, KY</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Greater Cincinnati Airport</ENT> <ENT>Louisville, KY</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Greater Cincinnati Airport</ENT> <ENT>Louisville, KY</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Louisville</ENT> <ENT>Erlanger</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Louisville</ENT> <ENT>Lexington</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Louisiana:</ENT> </ROW> <ROW> <ENT I="02">Barksdale AFB, Shreveport</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Barksdale AFB, Shreveport</ENT> <ENT>Monroe</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Barksdale AFB</ENT> <ENT>Shreveport</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Baton Rouge (including Port Allen)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Buras</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Burnside</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Cameron</ENT> <ENT>Lake Charles</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Carlyss</ENT> <ENT>Lake Charles</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Clifton Ridge</ENT> <ENT>Lake Charles</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Convent</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Donaldsonville</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">England Air Park</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">England Air Park</ENT> <ENT>Shreveport</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">England Air Park</ENT> <ENT>Monroe</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Fouchon</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Geismar</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Hackberry</ENT> <ENT>Lake Charles</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Lake Charles</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Lake Charles</ENT> <ENT>Port Arthur, TX</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Lake Charles</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Morgan City</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">New Orleans</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ostrica</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Plaquemine</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Port of Tallulah</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Port of Tallulah</ENT> <ENT>West Monroe</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">St. Gabriel</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">St. James</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <PRTPAGE P="428"/> <ENT I="02">Uncle Sam</ENT> <ENT>Baton Rouge</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Venice</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Points on the Mississippi River above the St. Charles-Jefferson Parish boundary to and including Gramercy, LA: any point below Chalmette, LA, on the east bank; and Belle Chasse, LA, and points to and including Port Sulphur on the west bank</ENT> <ENT>New Orleans</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Maine:</ENT> </ROW> <ROW> <ENT I="02">Bangor</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Bangor</ENT> <ENT>Augusta</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Bath</ENT> <ENT>Portland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Brunswick NAS</ENT> <ENT>Portland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Brunswick NAS</ENT> <ENT>Augusta</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Bucksport</ENT> <ENT>Bangor</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Cousins Island</ENT> <ENT>Portland</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Eastport</ENT> <ENT>Bangor</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Harpswell</ENT> <ENT>Portland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Kittery</ENT> <ENT>Portland</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Portland</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Portland</ENT> <ENT>Augusta</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Portland</ENT> <ENT>Manchester, NH</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Searsport</ENT> <ENT>Augusta</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Searsport</ENT> <ENT>Bangor</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Wiscasset</ENT> <ENT>Portland</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Winterport</ENT> <ENT>Bangor</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Maryland:</ENT> </ROW> <ROW> <ENT I="02">Aberdeen Proving Ground</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Andrews AFB</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Andrews AFB</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>3<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Andrews AFB</ENT> <ENT>Beltvsille</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Andrews AFB</ENT> <ENT>Dulles International Airport, VA</ENT> <ENT>2<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Annapolis</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Baltimore</ENT> <ENT/> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02" O="xl">Baltimore</ENT> <ENT>Andrews AFB</ENT> <ENT/> <ENT>3<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Cambridge</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Cambridge</ENT> <ENT>Dover, DE</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Piney Point</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Piney Point</ENT> <ENT>Beltsville</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Salisbury</ENT> <ENT>Dover, DE</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Salisbury</ENT> <ENT>Baltimore</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Dover, DE, or Dulles International Airport, VA</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="13">(For other points in Maryland, see DC listing)</ENT> </ROW> <ROW> <ENT I="11">Massachusetts:</ENT> </ROW> <ROW> <ENT I="02">Boston</ENT> <ENT/> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Boston</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fall River</ENT> <ENT>Boston</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fall River</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Fall River</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Gloucester</ENT> <ENT>Boston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">New Bedford</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">New Bedford</ENT> <ENT>Boston</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">New Bedford</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Otis ANG/CGNS</ENT> <ENT>Boston</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Otis ANG/CGNS</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Otis ANG/CGNS</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Plymouth</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Provincetown</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Sandwich</ENT> <ENT>Boston</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Sandwich</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sandwich</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Somerset</ENT> <ENT>Boston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Somerset</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Westover AFB</ENT> <ENT>Boston</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Westover AFB</ENT> <ENT>Hadley</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Westover AFB</ENT> <ENT>Windsor Locks, CT</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Woods Hole</ENT> <ENT>Boston</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <PRTPAGE P="429"/> <ENT I="02">Woods Hole</ENT> <ENT>New Bedford</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Woods Hole</ENT> <ENT>Warwick, RI</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Boston, New Bedford, MA and Warwick, RI</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Windsor Locks, CT</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Mexico:</ENT> </ROW> <ROW> <ENT I="02">Camargo</ENT> <ENT>Roma, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ciudad Acuna</ENT> <ENT>Del Rio, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ciudad Juarez</ENT> <ENT>El Paso, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Matamoros</ENT> <ENT>Brownsville, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Mier</ENT> <ENT>Roma, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Nuevo Cd. Guerrero</ENT> <ENT>Roma, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Nuevo Laredo</ENT> <ENT>Laredo, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Nuevo Progreso</ENT> <ENT>Progreso, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ojinago</ENT> <ENT>Presidio</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Piedras Negras</ENT> <ENT>Eagle Pass, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Reynosa</ENT> <ENT>Hidalgo, TX</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Michigan:</ENT> </ROW> <ROW> <ENT I="02">Battle Creek</ENT> <ENT>Grand Rapids</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Bay City</ENT> <ENT>Mt. Pleasant</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Detroit (including Detroit Metropolitan Airport, and Willow Run Airport)</ENT> <ENT>Romulus/Detroit</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Kent County Airport</ENT> <ENT>Grand Rapids</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Muskegon</ENT> <ENT>Grand Rapids</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Pontiac</ENT> <ENT>Romulus</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Saginaw</ENT> <ENT>Mt. Pleasant</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Selfridge AFB</ENT> <ENT>Port Huron</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Minnesota:</ENT> </ROW> <ROW> <ENT I="02">Duluth</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Duluth</ENT> <ENT>Minneapolis</ENT> <ENT/> <ENT>6 </ENT> </ROW> <ROW> <ENT I="02">Minneapolis-St. Paul</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Silver Bay</ENT> <ENT>Duluth</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Mississippi:</ENT> </ROW> <ROW> <ENT I="02">Greenville</ENT> <ENT>Jackson</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Gulfport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Jackson</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Keesler AFB</ENT> <ENT>Gulfport</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Natchez</ENT> <ENT>Brookhaven</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Pascagoula</ENT> <ENT>Gulfport</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Pascagoula</ENT> <ENT>Mobile, AL</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Port Bienville</ENT> <ENT>Gulfport</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Vicksburg</ENT> <ENT>Jackson</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Missouri:</ENT> </ROW> <ROW> <ENT I="02">Kansas City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kansas City</ENT> <ENT>St. Charles</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Kansas City International Airport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kansas City International Airport</ENT> <ENT>St. Louis</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Richards-Gebaur AFB</ENT> <ENT>Kansas City</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Rosecrans AFB</ENT> <ENT>Kansas City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">St. Louis and St. Louis International Airport</ENT> <ENT>St. Louis</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Whiteman, AFB</ENT> <ENT>Kansas City</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">Montana:</ENT> </ROW> <ROW> <ENT I="02">Butte International Airport</ENT> <ENT>Billings</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Great Falls International Airport</ENT> <ENT>Great Falls</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Nebraska:</ENT> </ROW> <ROW> <ENT I="02">Omaha (including Offutt AFB)</ENT> <ENT>Lincoln</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Nevada:</ENT> </ROW> <ROW> <ENT I="02">Las Vegas</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Reno</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="11">New Hampshire:</ENT> </ROW> <ROW> <ENT I="02">Keene Airport, Keene</ENT> <ENT>Groton</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Lebanon</ENT> <ENT>Manchester</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Manchester</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Newington</ENT> <ENT>Manchester</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Newington</ENT> <ENT>Portland, ME</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Pease AFB</ENT> <ENT>Manchester</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Pease AFB</ENT> <ENT>Portland, ME</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Portsmouth</ENT> <ENT>Manchester</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <PRTPAGE P="430"/> <ENT I="02">Portsmouth</ENT> <ENT>Portland, ME</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Manchester</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">New Jersey:</ENT> </ROW> <ROW> <ENT I="02">Atlantic City</ENT> <ENT>McGuire AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Atlantic City</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Burlington</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Coast Guard Station, Cape May</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Deepwater</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Hammonton</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Hammonton</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Lakehurst NAS</ENT> <ENT>McGuire AFB</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Leonardo</ENT> <ENT>McGuire AFB</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Leonardo</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">McGuire AFB</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">McGuire AFB</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">McGuire AFB, Wrightstown</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Paulsboro</ENT> <ENT>Mullica Hill</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Paulsboro</ENT> <ENT>Philadelphia, PA</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Salem</ENT> <ENT>McGuire AFB</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Salem</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Trenton</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="11">New Mexico:</ENT> </ROW> <ROW> <ENT I="02">Albuquerque</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Deming</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>El Paso, TX</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Las Cruces</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Holloman AFB, Alamogordo</ENT> <ENT>El Paso, TX</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Santa Teresa</ENT> <ENT>El Paso, TX</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Santa Teresa</ENT> <ENT>Las Cruces</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">New York:</ENT> </ROW> <ROW> <ENT I="02">Alexandria Bay</ENT> <ENT>Oneida</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Buffalo</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Chateaugay (including Churubusco and Cannon Corners)</ENT> <ENT>Rouses Point</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Corning</ENT> <ENT>Avoca</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Corning</ENT> <ENT>Big Flats</ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Farmingdale</ENT> <ENT>Westhampton Beach</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Islip</ENT> <ENT>Westhampton Beach</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Jamaica, Long Island</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lewiston</ENT> <ENT>Buffalo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">Massena</ENT> <ENT>Rouses Point</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">New York</ENT> <ENT/> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Niagara Falls</ENT> <ENT>Buffalo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">Ogendsburg</ENT> <ENT>Rouses Point</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Oswego</ENT> <ENT>Buffalo</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Oswego</ENT> <ENT>Canandaigua</ENT> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Oswego</ENT> <ENT>Oneida</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="01">Plattsburgh</ENT> <ENT>Rouses Point</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Rochester</ENT> <ENT>Avoca</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Rochester</ENT> <ENT>Buffalo</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Rochester</ENT> <ENT>Canandaigua</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="01">Rooseveltown</ENT> <ENT>Rouses Point</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="01">Rouses Point (including Champlain)</ENT> <ENT>Rouses Point</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Syracuse</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Syracuse</ENT> <ENT>Buffalo</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Syracuse</ENT> <ENT>Canandaigua</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Syracuse</ENT> <ENT>Oneida</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Watertown</ENT> <ENT>Oneida</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Westhampton ANG</ENT> <ENT>Westhampton</ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Buffalo or Rouses Point</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">North Carolina:</ENT> </ROW> <ROW> <ENT I="02">Camp Lejeune</ENT> <ENT>Morehead City</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Camp Lejeune</ENT> <ENT>Wilmington</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Charlotte</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Charlotte</ENT> <ENT>Burlington</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Charlotte</ENT> <ENT>Greensboro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Charlotte International Airport</ENT> <ENT>Laurinburg</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Cherry Point</ENT> <ENT>Goldsboro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Cherry Point</ENT> <ENT>Morehead City</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <PRTPAGE P="431"/> <ENT I="02">Elizabeth City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fort Bragg</ENT> <ENT>Fayetteville</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Greensboro</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Greensboro</ENT> <ENT>Charlotte</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Greensboro</ENT> <ENT>Fayetteville</ENT> <ENT/> <ENT>4<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Greensboro</ENT> <ENT>Laurinburg</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Morehead City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Morehead City</ENT> <ENT>Clinton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Morehead City</ENT> <ENT>Goldsboro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">New River MCAS</ENT> <ENT>Morehead City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Pope AFB</ENT> <ENT>Clinton</ENT> <ENT/> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Pope AFB</ENT> <ENT>Fayetteville</ENT> <ENT>1<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Pope AFB</ENT> <ENT>Goldsboro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Raleigh</ENT> <ENT>Clinton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Raleigh</ENT> <ENT>Fayetteville</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Raleigh</ENT> <ENT>Goldsboro</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Raleigh</ENT> <ENT>Raleigh</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Seymour-Johnson AFB</ENT> <ENT>Goldsboro</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Sunny Point Army Terminal, Southport</ENT> <ENT>Wilmington</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Wilmington</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Ohio:</ENT> </ROW> <ROW> <ENT I="02">Akron</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Ashtabula</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Cincinnati</ENT> <ENT>Columbus</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Cincinnati</ENT> <ENT>Dayton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Cincinnati</ENT> <ENT>Toledo</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Cincinnati</ENT> <ENT>Washington Court House</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Cleveland</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Cleveland</ENT> <ENT>Toledo</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Dayton</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Toledo</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Columbus</ENT> <ENT>Washington Court House</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Dayton</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dayton</ENT> <ENT>Columbus</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Dayton</ENT> <ENT>Toledo</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Dayton</ENT> <ENT>Washington Court House</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fairport Harbor</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Greater Cincinnati Airport (Boone County, KY)</ENT> <ENT>Erlanger, KY</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Lorraine</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Lunken Airport</ENT> <ENT>Erlanger, KY</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Rickenbacker AFB</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Rickenbacker AFB</ENT> <ENT>Washington Court House</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Toledo</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Toledo</ENT> <ENT>Cleveland</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Toledo</ENT> <ENT>Romulus, MI</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Oklahoma:</ENT> </ROW> <ROW> <ENT I="02">Altus AFB</ENT> <ENT>Oklahoma City</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Altus AFB</ENT> <ENT>Elk City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Oklahoma City</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Port of Muskogee</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Port Arrow</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Port of Catoosa</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Port of Rogers Terminal</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Port of Verdigris</ENT> <ENT>Tulsa</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Tulsa</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tulsa International Airport</ENT> <ENT>Oklahoma City</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Tulsa International Airport</ENT> <ENT>Tulsa</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tinker AFB, Oklahoma City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Will Rogers World Airport, Oklahoma City</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Oklahoma City</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Oregon:</ENT> </ROW> <ROW> <ENT I="02">Astoria</ENT> <ENT>Portland</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Portland</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">The Dalles</ENT> <ENT>Ellensburg, WA</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <PRTPAGE P="432"/> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Pennsylvania:</ENT> </ROW> <ROW> <ENT I="02">Allentown-Bethlehem Easton Airport</ENT> <ENT>Carlisle</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Allentown-Bethlehem</ENT> <ENT>Dallas</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Chester</ENT> <ENT>Philadelphia</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Chester</ENT> <ENT>Wilmington, DE</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Easton Airport</ENT> <ENT>Gap</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Erie</ENT> <ENT>Buffalo, NY, or Cleveland, OH</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Erie</ENT> <ENT>Meadville</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Erie</ENT> <ENT>Mercer</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Erie</ENT> <ENT>Pittsburgh</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Greater Pittsburgh International Airport</ENT> <ENT>Cleveland, OH</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Greater Pittsburgh International Airport</ENT> <ENT>Meadville</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Greater Pittsburgh International Airport</ENT> <ENT>Mercer</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Greater Pittsburgh International Airport</ENT> <ENT>Pittsburgh</ENT> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Harrisburg International Airport</ENT> <ENT>Carlisle</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Harrisburg International Airport</ENT> <ENT>Dallas</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Harrisburg International Airport</ENT> <ENT>Gap</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Harrisburg International Airport</ENT> <ENT>Philadelphia</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Harrisburg International Airport</ENT> <ENT>Williamsport</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Lehigh Valley International Airport, Allentown</ENT> <ENT>Gap </ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Lehigh Valley International Airport, Allentown</ENT> <ENT>Sweet Valley</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Marcus Hook</ENT> <ENT>Philadelphia</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Marcus Hook</ENT> <ENT>Wilmington, DE</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Philadelphia</ENT> <ENT/> <ENT>3</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Philadelphia</ENT> <ENT>Bridgeton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Philadelphia</ENT> <ENT>McGuire Air Force Base</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Philadelphia</ENT> <ENT>Trenton</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Philadelphia</ENT> <ENT>Wilmington, DE</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Tullytown</ENT> <ENT>Philadelphia</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Wilkes-Barre/Scranton International Airport</ENT> <ENT>Dallas</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Wilkes-Barre/Scranton Airport</ENT> <ENT>Williamsport</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Willow Grove NAS</ENT> <ENT>Philadelphia</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Dallas or Gap</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Puerto Rico:</ENT> </ROW> <ROW> <ENT I="02">Aguadilla</ENT> <ENT>Mayaguez</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Aguirre</ENT> <ENT>Ponce</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Arecibo</ENT> <ENT>San Juan</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Borinquen Field</ENT> <ENT>Mayaguez</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Fajardo</ENT> <ENT>Roosevelt Road</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Fajardo</ENT> <ENT>San Juan</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Guanica</ENT> <ENT>Mayaguez</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Guanica</ENT> <ENT>Ponce</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Guayama</ENT> <ENT>Ponce</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Guayanilla</ENT> <ENT>Ponce</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Humacao and Yabucoa</ENT> <ENT>San Juan</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Mayaguez (including points from Ramey to Cabo Rojo)</ENT> <ENT>San Juan</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Mayaguez and El Mani Airport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ponce (including all subports in the Ponce customs district)</ENT> <ENT>San Juan</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Ponce and Mercedita Airport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Roosevelt Roads</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">San Juan</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tallaboa (Penuelas)</ENT> <ENT>Ponce</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Yabucoa</ENT> <ENT>Roosevelt Roads</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Rhode Island:</ENT> </ROW> <ROW> <ENT I="02">Davisville NSD</ENT> <ENT>Boston, MA</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Davisville NSD</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Melville</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Newport</ENT> <ENT>Boston, MA</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Newport</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Portsmouth</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Providence</ENT> <ENT>Boston, MA</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Providence</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Quonset Point</ENT> <ENT>Boston, MA</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Quonset Point</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Saunderstown</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Tiverton</ENT> <ENT>Warwick</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <PRTPAGE P="433"/> <ENT I="02">Warwick</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Warwick</ENT> <ENT>Groton, CT</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">South Carolina:</ENT> </ROW> <ROW> <ENT I="02">Beaufort-Port Royal</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Beaufort-Port Royal</ENT> <ENT>Savannah</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Beaufort-Port Royal</ENT> <ENT>Yamassee</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Charleston</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Columbia</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Columbia</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Georgetown</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Greenville-Spartanburg</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">McEntire NG Air Base</ENT> <ENT>Columbia</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">McEntire NG Air Base, Eastover</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Myrtle Beach AFB</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Myrtle Beach AFB</ENT> <ENT>Conway</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Shaw AFB</ENT> <ENT>Columbia and Florence</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Shaw AFB, Sumter</ENT> <ENT>Charleston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">South Dakota:</ENT> </ROW> <ROW> <ENT I="02">Ellsworth AFB</ENT> <ENT>Pierre</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">Tennessee:</ENT> </ROW> <ROW> <ENT I="02">Knoxville</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Memphis</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Memphis</ENT> <ENT>Jackson</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Memphis International Airport</ENT> <ENT>Batesville, MS</ENT> <ENT/> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Millington</ENT> <ENT>Jackson</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Millington</ENT> <ENT>Memphis</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Nashville</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Nashville</ENT> <ENT>Jackson</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Texas:</ENT> </ROW> <ROW> <ENT I="02">Aransas Pass</ENT> <ENT>Corpus Christi</ENT> <ENT/> <ENT>2<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Barbour's Cut</ENT> <ENT>Houston</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Bayport</ENT> <ENT>Houston</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Baytown</ENT> <ENT>Houston</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Beaumont</ENT> <ENT>Port Arthur</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Beaumont</ENT> <ENT>Lake Charles</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Brownsville</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Brownsville </ENT> <ENT>Pharr</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Carswell Field, Fort Worth</ENT> <ENT>Dallas-Fort Worth Regional Airport</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Columbia</ENT> <ENT>Laredo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Corpus Christi</ENT> <ENT>Corpus Christi</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Corpus Christi NAS</ENT> <ENT>Corpus Christi</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Dallas</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dallas (including Love Field)</ENT> <ENT>Dallas-Fort Worth Regional Airport</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Dallas-Fort Worth Regional Airport</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Del Rio</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Del Rio</ENT> <ENT>Eagle Pass</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Donna</ENT> <ENT>Hidalgo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Dyess AFB</ENT> <ENT>Abilene</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Eagle Pass</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">El Paso</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Fabens</ENT> <ENT>El Paso</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Falcon Heights</ENT> <ENT>Roma</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Freeport</ENT> <ENT>Galveston or Houston</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fort Hood</ENT> <ENT>College Station</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Fort Hood</ENT> <ENT>Waco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Galveston</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Galveston</ENT> <ENT>Houston</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Gregory</ENT> <ENT>Corpus Christi</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Ingleside and Harbor Island (Port Aransas)</ENT> <ENT>Corpus Christi</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Harlingen</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Harlingen</ENT> <ENT>McAllen</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Hidalgo</ENT> <ENT>Brownsville</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Houston (Including Houston Intercontinental Airport)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kelly AFB</ENT> <ENT>San Antonio</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">La Feria</ENT> <ENT>Hidalgo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Laredo</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="434"/> <ENT I="02">Laughlin AFB</ENT> <ENT>Del Rio</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Meacham Field</ENT> <ENT>Dallas-Fort Worth Regional Airport</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Mercedes</ENT> <ENT>Hidalgo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Orange</ENT> <ENT>Port Arthur</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Pharr (Includes Hidalgo and McAllen International Airport</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Point Comfort</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Point Comfort</ENT> <ENT>Victoria</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Port Arthur</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Port Arthur</ENT> <ENT>Lake Charles, LA</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Port Isabel</ENT> <ENT>Brownsville</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Presidio</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Progreso</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Progreso</ENT> <ENT>Brownsville or Hidalgo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Progreso</ENT> <ENT>Harlingen</ENT> <ENT/> <ENT>1<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Randolph AFB</ENT> <ENT>San Antonio</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Robert Grey Army Airfield</ENT> <ENT>College Station</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Robert Grey Army Airfield</ENT> <ENT>San Antonio</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Robert Grey Army Airfield</ENT> <ENT>Waco</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Rockport</ENT> <ENT>Corpus Christi</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Roma</ENT> <ENT>Brownsville</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Roma</ENT> <ENT>Laredo</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Roma (Includes Rio Grande City)</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Roma</ENT> <ENT>Pharr</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sabine Pass</ENT> <ENT>Port Arthur</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">San Antonio</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Texas City</ENT> <ENT>Galveston</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Weslaco</ENT> <ENT>Hidalgo</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Utah:</ENT> </ROW> <ROW> <ENT I="02">Salt Lake City International Airport</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Hill Air Force Base, Ogden</ENT> <ENT>Salt Lake City</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="11">Vermont:</ENT> </ROW> <ROW> <ENT I="02">Alburg</ENT> <ENT>Berlin</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Alburg</ENT> <ENT>Rouses Point, NY</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Alburg</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Battleboro</ENT> <ENT>Berlin</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Battleboro</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Burlington</ENT> <ENT>Montpelier</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Burlington</ENT> <ENT>St. Albans</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Derby Line</ENT> <ENT>Berlin</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Derby Line</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Highgate Springs</ENT> <ENT>Berlin</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Highgate Springs</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Montpelier</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Richford</ENT> <ENT>Berlin</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Richford</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="01">St. Albans (including Highgate Springs and Morses Line)</ENT> <ENT>Rouses Point, NY</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Montpelier</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Rouses Point, NY</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>St. Albans</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Virgin Islands:</ENT> </ROW> <ROW> <ENT I="02">Alexander Hamilton Airport, St. Croix</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Charlotte Amalie, St. Thomas</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Christiansted, St. Croix</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Cruz Bay, St. John, USVI</ENT> <ENT>St. Thomas, USVI</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Frederiksted, St. Croix</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Virginia:</ENT> </ROW> <ROW> <ENT I="02">Alexandria or Arlington</ENT> <ENT>Andrews AFB, MD</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Alexandria or Arlington</ENT> <ENT>Dulles International Airport</ENT> <ENT>2<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Alexandria or Arlington</ENT> <ENT>Beltsville, MD</ENT> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dulles International Airport</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dulles International Airport</ENT> <ENT>Baltimore, MD</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Dulles International Airport</ENT> <ENT>Beltsville, MD</ENT> <ENT>2<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Dulles International Airport</ENT> <ENT>Fredericksburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Hopewell</ENT> <ENT>Norfolk</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Norfolk Metropolitan Area (including Chesapeake, Hampton, Newport News, Portsmouth and Virginia Beach)</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Quantico MCAS</ENT> <ENT>Dulles International Airport</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <PRTPAGE P="435"/> <ENT I="02">Quantico MCAS</ENT> <ENT>Fredericksburg</ENT> <ENT>1<FR>1/2</FR> </ENT> <ENT/> </ROW> <ROW> <ENT I="02">Richmond</ENT> <ENT>Norfolk</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT/> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="13">(For other points in Virginia, see District of Columbia listing)</ENT> </ROW> <ROW> <ENT I="11">Washington:</ENT> </ROW> <ROW> <ENT I="02">Anacortes</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Anacortes</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Ault Field</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Ault Field</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Bellingham</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Bellingham</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Bangor NSD</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Blaine</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Cherry Point</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Cherry Point</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Edmonds</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Ellensburg</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Ellensberg</ENT> <ENT>Seattle/Tacoma</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Ephrata</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Everett</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Fairchild AFB</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Fairchild AFB</ENT> <ENT>Spokane</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Ferndale</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Ferndale</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Fort Lewis</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Grays Harbor</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Grays Harbor</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Kalama</ENT> <ENT>Portland, OR</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Longview</ENT> <ENT>Portland, OR</ENT> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Lynden</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">McChord AFB</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">McChord AFB</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Moses Lake</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Olympia</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Olympia</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Othello</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Paine Field</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Pasco</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Point Wells</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Port Angeles</ENT> <ENT>Tacoma or Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Port Townsend</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Richland</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Royal City</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Sawyer</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">SEA TAC Airport</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">SEA TAC Airport</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Seattle</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Snohomish County Airport</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Spokane International Airport</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Spokand International Airport</ENT> <ENT>Spokane</ENT> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Sumas</ENT> <ENT>Blaine</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Tacoma</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Tacoma</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Astoria or Portland, OR; Blaine, Ellensburg, Seattle, Spokane, Tacoma</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Vancouver</ENT> <ENT/> <ENT>2</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Wenatchee</ENT> <ENT>Ellensburg</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Wenatchee</ENT> <ENT>Seattle/Tacoma</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Willapa Bay</ENT> <ENT>Tacoma</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Willapa Bay</ENT> <ENT>Seattle</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="02">Yakima</ENT> <ENT>Ellensburg,</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="02">Yakima</ENT> <ENT>Seattle/Tacoma</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">West Virginia:</ENT> </ROW> <ROW> <ENT I="02">Kanawha Airport</ENT> <ENT>Charleston</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Kanawha Airport</ENT> <ENT>Clarksburg</ENT> <ENT/> <ENT>6</ENT> </ROW> <ROW> <ENT I="11">Wisconsin:</ENT> </ROW> <ROW> <ENT I="02">Green Bay</ENT> <ENT>Milwaukee</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Kenosha</ENT> <ENT>Milwaukee</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <PRTPAGE P="436"/> <ENT I="02">Madison</ENT> <ENT>Milwaukee</ENT> <ENT/> <ENT>4</ENT> </ROW> <ROW> <ENT I="02">Milwaukee</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="02">Milwaukee</ENT> <ENT>Madison</ENT> <ENT/> <ENT>4<FR>1/2</FR> </ENT> </ROW> <ROW> <ENT I="02">Milwaukee</ENT> <ENT>O'Hare International Airport, Chicago, IL</ENT> <ENT/> <ENT>5</ENT> </ROW> <ROW> <ENT I="02">Racine</ENT> <ENT>Milwaukee</ENT> <ENT/> <ENT>2</ENT> </ROW> <ROW> <ENT I="02">Superior</ENT> <ENT>Duluth, MN</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Undesignated ports</ENT> <ENT>Duluth, MN or Milwaukee</ENT> <ENT/> <ENT>3</ENT> </ROW> <ROW> <ENT I="11">Wyoming:</ENT> </ROW> <ROW> <ENT I="02">Cheyanne</ENT> <ENT/> <ENT>1</ENT> </ROW> <ROW> <ENT I="11">Temporary detail:</ENT> </ROW> <ROW> <ENT I="02">Any inspection point to which an employee may be temporarily detailed</ENT> <ENT/> <ENT>1</ENT> <ENT/> </ROW> </GPOTABLE> <CITA>[49 FR 32332, Aug. 14, 1984]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 354.2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 354.3</SECTNO> <SUBJECT>User fees for certain international services.</SUBJECT> <P>(a) <E T="03">Definitions.</E> Whenever in this section the following terms are used, unless the context otherwise requires, they shall be construed, respectively, to mean:</P> <P> <E T="03">APHIS.</E> The Animal and Plant Health Inspection Service of the United States Department of Agriculture.</P> <P> <E T="03">Arrival.</E> Arrival at a port of entry in the customs territory of the United States, or at any place served by a port of entry as specified in 19 CFR 101.3.</P> <P> <E T="03">Calendar year.</E> The period from January 1 to December 31, inclusive, of any particular year.</P> <P> <E T="03">Commercial aircraft.</E> Any aircraft used to transport persons or property for compensation or hire.</P> <P> <E T="03">Commercial purpose.</E> The intention of receiving compensation, or making a gain or profit.</P> <P> <E T="03">Commercial railroad car.</E> A railroad car used or capable of being used for transporting property for compensation or hire.</P> <P> <E T="03">Commercial shipment.</E> A shipment for gain or profit.</P> <P> <E T="03">Commercial truck.</E> A self-propelled vehicle, designed and used for transporting property for compensation or hire. Empty trucks and truck cabs without trailers fitting this description are included.</P> <P> <E T="03">Commercial vessel.</E> Any watercraft or other contrivance used or capable of being used as a means of transportation on water to transport property for compensation or hire, with the exception of any aircraft or ferry.</P> <P> <E T="03">Customs.</E> The United States Customs Service, United States Department of the Treasury.</P> <P> <E T="03">Customs territory of the United States.</E> The 50 States, the District of Columbia, and Puerto Rico.</P> <P> <E T="03">Designated State or county inspector.</E> A State or county plant regulatory official designated by the Secretary of Agriculture to inspect and certify to shippers and other interested parties, as to the phytosanitary condition of plant products inspected under the Plant Protection Act.</P> <P> <E T="03">Export certificate for processed plant products.</E> A certificate (PPQ Form 578) issued by an inspector, describing the plant health condition of processed or manufactured plant products based on inspection of submitted samples and/or by virtue of the processing received.</P> <P> <E T="03">Person.</E> An individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.</P> <P> <E T="03">Phytosanitary certificate.</E> A certificate (PPQ Form 577) issued by an inspector, giving the phytosanitary condition of domestic plants or unprocessed or unmanufactured plant products based on inspection of the entire lot or representative samples drawn by a Federal or State employee authorized to conduct such sampling.</P> <P> <E T="03">Phytosanitary certificate for reexport.</E> A certificate (PPQ Form 579) issued by an <PRTPAGE P="437"/>inspector, giving the phytosanitary condition of foreign plants and plant products legally imported into the United States and subsequently offered for reexport. The certificate certifies that, based on the original foreign phytosanitary certificate and/or additional inspection or treatment in the United States, the plants and plant products are considered to conform to the current phytosanitary regulations of the receiving country and have not been subjected to the risk of infestation or infection during storage in the United States. Plants and plant products which transit the United States under Customs bond are not eligible to receive the phytosanitary certificate for reexport.</P> <P>(b) <E T="03">Fee for inspection of commercial vessels of 100 net tons or more.</E> (1) Except as provided in paragraph (b)(2) of this section, the master, licensed deck officer, or purser of any commercial vessel which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D, and which is either required to make entry at the customs house under 19 CFR 4.3 or is a United States-flag vessel proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to Customs and pay an APHIS user fee. The APHIS user fee for each arrival, not to exceed 15 payments in a calendar year, is shown in the following table. The APHIS user fee shall be collected at each port of arrival.</P> <GPOTABLE CDEF="s50,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Effective dates</CHED> <CHED H="1">Amount</CHED> </BOXHD> <ROW> <ENT I="01">January 1, 2000 through September 30, 2000</ENT> <ENT>465.50</ENT> </ROW> <ROW> <ENT I="01">October 1, 2000 through September 30, 2001</ENT> <ENT>474.50</ENT> </ROW> <ROW> <ENT I="01">October 1, 2001 through September 30, 2002</ENT> <ENT>480.50</ENT> </ROW> </GPOTABLE> <P>(2) The following categories of commercial vessels are exempt from paying an APHIS user fee:</P> <P>(i) Foreign passenger vessels making at least three trips a week from a port in the United States to the high seas (including “cruises to nowhere”) and returning to the same port in the United States, not having touched any foreign port or place other than in Canada, or taken on any stores other than in Canada;</P> <P>(ii) Any vessel which, at the time of arrival, is being used solely as a tugboat;</P> <P>(iii) Vessels used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the vessel is not carrying persons or merchandise for commercial purposes;</P> <P>(iv) Vessels arriving in distress or to take on bunkers, sea stores, or ship's stores;</P> <P>(v) Tugboats towing vessels on the Great Lakes; and</P> <P>(vi) Any vessel which sails only between United States and Canadian ports, when the Master of such vessel arriving from Canada certifies, in the “Remarks” block of the General Declaration, Customs Form 1301, that the vessel has sailed solely between the United States and Canada for the previous 2 years.</P> <P>(c) <E T="03">Fee for inspection of commercial trucks.</E> (1) Except as provided in paragraph (c)(2) of this section, the driver or other person in charge of a commercial truck which is entering the customs territory of the United States and which is subject to inspection under part 330 of this chapter or under 9 CFR, chapter I, subchapter D, must, upon arrival, proceed to Customs and pay an APHIS user fee for each arrival, as shown in the following table:</P> <GPOTABLE CDEF="s50,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Effective dates</CHED> <CHED H="1">Amount</CHED> </BOXHD> <ROW> <ENT I="01">January 1, 2000 through September 30, 2000</ENT> <ENT>4.25</ENT> </ROW> <ROW> <ENT I="01">October 1, 2000 through September 30, 2001</ENT> <ENT>4.50</ENT> </ROW> <ROW> <ENT I="01">October 1, 2001 through September 30, 2002</ENT> <ENT>4.75</ENT> </ROW> </GPOTABLE> <P>(2) The following categories of commercial trucks are exempt from paying an APHIS user fee:</P> <P>(i) Trucks entering the customs territory of the United States from Canada.</P> <P>(ii) [Reserved]</P> <P>(3) Prepayment.</P> <P>(i) The owner or operator of a commercial truck, <E T="03">if</E> entering the customs territory of the United States from Mexico <E T="03">and</E> applying for a prepaid Customs permit for a calendar year, must apply for a prepaid APHIS permit for the same calendar year. Applicants must apply to Customs for prepaid APHIS permits.<SU>1</SU> <FTREF/> The following information must be provided, together <PRTPAGE P="438"/>with payment of an amount 20 times the APHIS user fee for each arrival:</P> <FTNT> <P> <SU>1</SU> Applicants should refer to Customs Service regulations (19 CFR part 24) for specific instructions.</P> </FTNT> <P>(A) Vehicle make, model, and model year.</P> <P>(B) Vehicle Identification Number (VIN).</P> <P>(C) License numbers issued by state, province, or country.</P> <P>(D) Owner's name and address.</P> <P>(ii) No credit toward the prepaid APHIS permit will be given for user fees paid for individual arrivals.</P> <P>(d) <E T="03">Fee for inspection of commercial railroad cars.</E> (1) Except as provided in paragraph (d)(2) of this section, an APHIS user fee will be charged for each loaded commercial railroad car which is subject to inspection under part 330 of this chapter or under 9 CFR chapter I, subchapter D, upon each arrival. The railroad company receiving a commercial railroad car in interchange at a port of entry or, barring interchange, the railroad company moving a commercial railroad car in line haul service into the customs territory of the United States, is responsible for paying the APHIS user fee. The APHIS user fee for each arrival of a loaded railroad car is shown in the following table. If the APHIS user fee is prepaid for all arrivals of a commercial railroad car during a calendar year, the APHIS user fee is an amount 20 times the APHIS user fee for each arrival.</P> <GPOTABLE CDEF="s50,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Effective dates</CHED> <CHED H="1">Amount</CHED> </BOXHD> <ROW> <ENT I="01">January 1, 2000 through September 30, 2000</ENT> <ENT>6.75</ENT> </ROW> <ROW> <ENT I="01">October 1, 2000 through September 30, 2001</ENT> <ENT>7.00</ENT> </ROW> <ROW> <ENT I="01">October 1, 2001 through September 30, 2002</ENT> <ENT>7.00</ENT> </ROW> </GPOTABLE> <P>(2) The following categories of commercial railroad cars are exempt from paying an APHIS user fee:</P> <P>(i) Commercial railroad cars entering the customs territory of the United States from Canada;</P> <P>(ii) Any commercial railroad car that is part of a train whose journey originates and terminates in the United States, if—</P> <P>(A) The commercial railroad car is part of the train when the train departs the United States; and</P> <P>(B) No passengers board or disembark from the commercial railroad car, and no cargo is loaded or unloaded from the commercial railroad car, while the train is within any country other than the United States; and</P> <P>(iii) Locomotives and cabooses.</P> <P>(3) Prepayment.</P> <P>(i) Railroad companies may, at their option, prepay the APHIS user fee for each commercial railroad car for a calendar year. This payment must be remitted in accordance with paragraph (d)(5) of this section.</P> <P>(ii) No credit toward the calendar year APHIS user fee will be given for APHIS user fees paid for individual arrivals.</P> <P>(4) Remittance and statement procedures. The Association of American Railroads (AAR), and the National Railroad Passenger Corporation (AMTRAK), shall file monthly statements with the United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, within 60 days after the end of each calendar month. Each statement shall indicate:</P> <P>(i) The number of loaded commercial railroad cars entering the customs territory of the United States from Mexico during the relevant period;</P> <P>(ii) The number of those commercial railroad cars pulled by each railroad company; and</P> <P>(iii) The total monthly APHIS user fee due from each railroad company.</P> <P>(5) Individual railroad companies shall remit the APHIS user fees calculated by AAR, and AMTRAK shall remit the APHIS user fees it has calculated, within 60 days after the end of each calendar month in which commercial railroad cars entered the customs territory of the United States. APHIS user fees, together with monthly statements, must be remitted to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673.</P> <P>(6) Compliance. AAR, AMTRAK, and each railroad company responsible for making APHIS user fee payments must allow APHIS personnel to verify the accuracy of APHIS user fees collected and remitted and otherwise determine compliance with 21 U.S.C. 136a and this paragraph. The AAR, AMTRAK, and each railroad company responsible for making APHIS user fee payments must advise the United States Department <PRTPAGE P="439"/>of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, of the name, address, and telephone number of a responsible officer who is authorized to verify APHIS user fee calculations, collections, and remittances. The United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified of any changes in the identifying information submitted.</P> <P>(e) <E T="03">Fee for inspection of commercial aircraft.</E> (1) Except as provided in paragraph (e)(2) of this section, an APHIS user fee will be charged for each commercial aircraft which is arriving, or which has arrived and is proceeding from one United States airport to another under a United States Customs Service “Permit to Proceed,” as specified in title 19, Code of Federal Regulations, §§ 122.81 through 122.85, or an “Agricultural Clearance or Safeguard Order” (PPQ Form 250), used pursuant to title 7, Code of Federal Regulations, § 330.400 and title 9, Code of Federal Regulations, § 94.5, and which is subject to inspection under part 330 of this chapter or 9 CFR chapter I, subchapter D. Each carrier is responsible for paying the APHIS user fee. The APHIS user fee for each arrival is shown in the following table:</P> <GPOTABLE CDEF="s50,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Effective dates</CHED> <CHED H="1">Amount</CHED> </BOXHD> <ROW> <ENT I="01">January 1, 2000 through September 30, 2000</ENT> <ENT>64.00</ENT> </ROW> <ROW> <ENT I="01">October 1, 2000 through September 30, 2001</ENT> <ENT>64.75</ENT> </ROW> <ROW> <ENT I="01">October 1, 2001 through September 30, 2002</ENT> <ENT>65.25</ENT> </ROW> </GPOTABLE> <P>(2) The following categories of commercial aircraft are exempt from paying an APHIS user fee:</P> <P>(i) Any aircraft moving solely between the United States and Canada;</P> <P>(ii) Any aircraft used exclusively in the governmental services of the United States or a foreign government, including any Agency or political subdivision of the United States or a foreign government, so long as the aircraft is not carrying persons or merchandise for commercial purposes;</P> <P>(iii) Any aircraft making an emergency or forced landing when the original destination of the aircraft was a foreign port;</P> <P>(iv) Any passenger aircraft with 64 or fewer seats, which is not carrying the following cargo: Fresh fruits, fresh vegetables, plants, unprocessed plant products, cotton or covers, sugarcane, or fresh or processed meats; and which does not offer meal service other than beverages and prepackaged snacks that do not contain meats derived from ruminants, swine, or poultry or fresh fruits and fresh vegetables. Aircraft exempt from the user fee under this paragraph would still be subject to the garbage handling requirements found in 7 CFR part 330.400 and 9 CFR part 94.5;</P> <P>(v) Any aircraft moving from the United States Virgin Islands to Puerto Rico; and</P> <P>(vi) Any aircraft making an intransit stop at a port of entry, during which the aircraft does not proceed through any portion of the Federal clearance process, such as inspection or clearance by APHIS, by the United States Customs Service, or by the Immigration and Naturalization Service, no cargo is removed from or placed on the aircraft, no passengers get on or off the aircraft, no crew members get on or off the aircraft, no food is placed on the aircraft, and no garbage is removed from the aircraft.</P> <P>(3) <E T="03">Remittance and statement procedures.</E> (i) Each carrier must remit the appropriate fees to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673, for receipt no later than 31 days after the close of the calendar quarter in which the vessel arrivals occurred. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982 (31 U.S.C. 3717).</P> <P>(ii) The remitter must mail with the remittance a written statement to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The statement must include the following information:</P> <P>(A) Name and address of the person remitting payment;</P> <P>(B) Taxpayer identification number of the person remitting payment;</P> <P>(C) Calendar quarter covered by the payment;<PRTPAGE P="440"/> </P> <P>(D) Ports of entry at which inspections occurred;</P> <P>(E) Number of arrivals at each port; and</P> <P>(F) Amount remitted.</P> <P>(iii) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”</P> <P>(4) <E T="03">Compliance.</E> Each carrier subject to this section must allow APHIS personnel to verify the accuracy of the APHIS user fees remitted and to otherwise determine compliance with 21 U.S.C. 136a and this paragraph. Each carrier must advise the United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, of the name, address, and telephone number of a responsible officer who is authorized to verify APHIS user fee calculations and remittances. The United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified of any changes in the identifying information submitted.</P> <P>(5) <E T="03">Limitations on charges.</E> (i) Airlines will not be charged reimbursable overtime for inspection of aircraft if the aircraft is subject to the APHIS user fee for arriving aircraft as prescribed by this section.</P> <P>(ii) Airlines will not be charged reimbursable overtime for inspection of cargo from an aircraft if:</P> <P>(A) the aircraft is subject to the APHIS user fee for arriving aircraft as prescribed by this section; and</P> <P>(B) the cargo is inspected between 8 a.m. and 4:30 p.m., Monday through Friday; or</P> <P>(C) the cargo is inspected concurrently with the aircraft.</P> <P>(f) <E T="03">Fee for inspection of international passengers.</E> (1) Except as specified in paragraph (f)(2) of this section, each passenger aboard a commercial aircraft who is subject to inspection under part 330 of this chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place outside of the customs territory of the United States, must pay an APHIS user fee. The APHIS user fee for each arrival is shown in the following table:</P> <GPOTABLE CDEF="s50,8" COLS="2" OPTS="L2,i1"> <BOXHD> <CHED H="1">Effective dates <SU>1</SU> </CHED> <CHED H="1">Amount</CHED> </BOXHD> <ROW> <ENT I="01">January 1, 2000 through September 30, 2000</ENT> <ENT>3.00</ENT> </ROW> <ROW> <ENT I="01">October 1, 2000 through September 30, 2001</ENT> <ENT>3.00</ENT> </ROW> <ROW> <ENT I="01">October 1, 2001 through September 30, 2002</ENT> <ENT>3.10</ENT> </ROW> <TNOTE> <SU>1</SU> Persons who issue international airline tickets or travel documents are responsible for collecting the APHIS international airline passenger user fee from ticket purchasers. Issuers must collect the fee applicable at the time tickets are sold. In the event that ticket sellers do not collect the APHIS user fee when tickets are sold, the air carrier must collect the user fee from the passenger upon departure. Carriers must collect the fee applicable at the time of departure from the traveler.</TNOTE> </GPOTABLE> <P>(2) The following categories of passengers are exempt from paying an APHIS user fee:</P> <P>(i) Passengers arriving from Canada whose journey originates in Canada;</P> <P>(ii) Crew members who are on duty on a commercial aircraft;</P> <P>(iii) Airline employees, including “deadheading” crew members, who are traveling on official airline business;</P> <P>(iv) Diplomats, except for United States diplomats, who can show that their names appear on the accreditation listing maintained by the United States Department of State. In lieu of the accreditation listing an individual diplomat may present appropriate proof of diplomatic status to include possession of a diplomatic passport or visa, or diplomatic identification card issued by a foreign government;</P> <P>(v) Passengers departing and returning to the United States without having touched a foreign port or place other than Canada;</P> <P>(vi) Passengers arriving on any commercial aircraft used exclusively in the governmental service of the United States or a foreign government, including any agency or political subdivision of the United States or a foreign government, so long as the aircraft is not carrying persons or merchandise for commercial purposes. Passengers on commercial aircraft under contract to the United States Department of Defense (DOD) are exempted if they have been precleared abroad under the joint DOD/APHIS Military Inspection Program;</P> <P>(vii) Passengers arriving on an aircraft due to an emergency or forced landing when the original destination of the aircraft was a foreign port; and</P> <P>(viii) Passengers transiting the United States and not subject to inspection.<PRTPAGE P="441"/> </P> <P>(ix) Passengers moving from the United States Virgin Islands to Puerto Rico.</P> <P>(3) APHIS user fees shall be collected under the following circumstances:</P> <P>(i) When through tickets or travel documents are issued indicating travel to the customs territory of the United States which originates in any location other than Canada;</P> <P>(ii) When through tickets or travel documents are issued in Canada indicating an arrival in the customs territory of the United States following a stopover (layover) in a location other than Canada; and</P> <P>(iii) When passengers arrive in the customs territory of the United States in transit from a location other than Canada and are inspected by APHIS.</P> <P>(4)<E T="03"> Collection of fees</E>. (i) Any person who issues tickets or travel documents on or after May 13, 1991, is responsible for collecting the APHIS user fee from all passengers transported into the customs territory of the United States to whom the APHIS user fee applies.</P> <P>(A) Tickets or travel documents must be marked by the person who collects the APHIS user fee to indicate that the required APHIS user fee has been collected from the passenger.</P> <P>(B) If the APHIS user fee applies to a passenger departing from the United States and if the passenger's tickets or travel documents were issued on or after May 13, 1991, but do not reflect collection of the APHIS user fee at the time of issuance, then the carrier transporting the passenger from the United States must collect the APHIS user fee upon departure.</P> <P>(C) APHIS user fees collected from international passengers pursuant to paragraph (f) of this section shall be held in trust for the United States by the person collecting such fees, by any person holding such fees, or by the person who is ultimately responsible for remittance of such fees to APHIS. APHIS user fees collected from international passengers shall be accounted for separately and shall be regarded as trust funds held by the person possessing such fees as agents, for the beneficial interest of the United States. All such user fees held by any person shall be property in which the person holds only a possessory interest and not an equitable interest. As compensation for collecting, handling, and remitting the APHIS user fees for international passengers, the person holding such user fees shall be entitled to any interest or other investment return earned on the user fees between the time of collection and the time the user fees are due to be remitted to APHIS under this section. Nothing in this section shall affect APHIS’ right to collect interest for late remittance.</P> <P>(5) <E T="03">Remittance and statement procedures</E>. (i) The carrier whose ticket stock or travel document reflects collection of the APHIS user fee must remit the fee to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections, P. O. Box 73562 Chicago, IL 60673. The travel agent, United States-based tour wholesaler, or other entity, which issues its own non-carrier related ticket or travel document to a passenger who is subject to an APHIS user fee under this part, must remit the fee to APHIS, unless by contract the carrier will remit the fee.</P> <P>(ii) APHIS user fees must be remitted to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections P. O. Box 73562 Chicago, IL 60673, for receipt no later than 31 days after the close of the calendar quarter in which the APHIS user fees were collected. Late payments will be subject to interest, penalty, and handling charges as provided in the Debt Collection Act of 1982 (31 U.S.C. 3717). Refunds by a remitter of APHIS user fees collected in conjunction with unused tickets or travel documents shall be netted against the next subsequent remittance.</P> <P>(iii) The remitter must mail with the remittance a written statement to the United States Department of Agriculture, National Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The statement must include the following information:</P> <P>(A) Name and address of the person remitting payment;</P> <P>(B) Taxpayer identification number of the person remitting payment;</P> <P>(C) Calendar quarter covered by the payment; and</P> <P>(D) Amount collected and remitted.<PRTPAGE P="442"/> </P> <P>(iv) Remittances must be made by check or money order, payable in United States dollars, through a United States bank, to “The Animal and Plant Health Inspection Service.”</P> <P>(6) Carriers contracting with United States-based tour wholesalers are responsible for notifying the United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, of all flights contracted, the number of spaces contracted for, and the name, address, and taxpayer identification number of the United States-based tour wholesaler, within 31 days after the close of the calendar quarter in which such a flight occurred; <E T="03">except that,</E> carriers are not required to make notification if tickets, marked to show collection of the APHIS user fee, are issued for the individual contracted spaces.</P> <P>(7) <E T="03">Compliance.</E> Each carrier, travel agent, United States-based tour wholesaler, or other entity, subject to this section, must allow APHIS personnel to verify the accuracy of the APHIS user fees collected and remitted and to otherwise determine compliance with the 21 U.S.C. 136a and this paragraph. Each carrier, travel agent, United States-based tour wholesaler, or other entity must advise the United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, of the name, address, and telephone number of a responsible officer who is authorized to verify APHIS user fee calculations, collections, and remittances. The United States Department of Agriculture, National Finance Center, Billings and Collections Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified of any changes in the identifying information submitted.</P> <P>(8) <E T="03">Limitation on charges.</E> Airlines will not be charged reimbursable overtime for passenger inspection services required for any aircraft on which a passenger arrived who has paid the airline passenger APHIS user fee for that flight.</P> <P>(g) <E T="03">Fees for export certification of plants and plant products.</E> (1) For each certificate issued by APHIS personnel, the recipient must pay the applicable APHIS user fee at the time and place the certificate is issued, or, in the case of a block of certificates, at the time the certificates are given to the shipper.</P> <P>(2) There is no APHIS user fee for a certificate issued by a designated State or county inspector.</P> <P>(3) If a designated State inspector issues a certificate, the State where the certificate is issued may charge for inspection services provided in that State.</P> <P>(4) Any State which wishes to charge a fee for services it provides to issue certificates must establish fees in accordance with one of the following guidelines:</P> <P>(i) <E T="03">Calculation of a “cost-per-certificate” fee.</E> The State must:</P> <P>(A) Estimate the annual number of certificates to be issued;</P> <P>(B) Determine the total cost of issuing certificates by adding together delivery, <SU>2</SU> <FTREF/> support, <SU>3</SU> <FTREF/> and administrative <SU>4</SU> <FTREF/> costs; and</P> <FTNT> <P> <SU>2</SU> Delivery costs are costs such as employee salary and benefits, transportation, per diem, travel, purchase of specialized equipment, and user fee costs associated with maintaining field offices. Delivery hours are similar hours taken by inspectors, including travel time, inspection time, and time taken to complete paperwork.</P> </FTNT> <FTNT> <P> <SU>3</SU> Support costs are costs at supervisory levels which are similar to delivery costs, and user fee costs such as training, automated data processing, public affairs, enforcement, legal services, communications, postage, budget and accounting services, and payroll, purchasing, billing, and collecting services. Support hours are similar hours taken at supervisory levels, as well as hours taken in training, automated data processing, enforcement, legal services, communication, budgeting and accounting, payroll purchasing, billing, and collecting.</P> </FTNT> <FTNT> <P> <SU>4</SU> Administrative costs are costs incurred as a direct result of collecting and monitoring Federal phytosanitary certificates. Administrative hours are hours taken as a direct result of collecting and monitoring Federal phytosanitary certificates.</P> </FTNT> <P>(C) Divide the cost of issuing certificates by the estimated number of certificates to be issued to obtain a “raw” fee. The State may round the “raw” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing; or<PRTPAGE P="443"/> </P> <P>(ii) <E T="03">Calculation of a “cost-per-hour” fee.</E> The State must:</P> <P>(A) Estimate the annual number of hours taken to issue certificates by adding together delivery <SU>2</SU>, support <SU>3</SU>, and administrative <SU>4</SU> hours;</P> <P>(B) Determine the total cost of issuing certificates by adding together delivery, support, and administrative costs; and</P> <P>(C) Divide the cost of issuing certificates by the estimated number of hours taken to issue certificates to obtain a “cost-per-hour” fee. The State may round the “cost-per-hour” fee up to the nearest quarter, if necessary for ease of calculation, collection, or billing.</P> <P>(5) The APHIS user fees are:</P> <P>(i)(A) $50 for a certificate for a commercial shipment; or</P> <P>(B) $23 for a certificate for a low-value commercial shipment, if the following criteria are met:</P> <P>(<E T="03">1</E>) the items being shipped are identical to those identified on the phytosanitary certificate;</P> <P>(<E T="03">2</E>) the shipment is accompanied by an invoice which states that the items being shipped are worth less than $1,250; and</P> <P>(<E T="03">3</E>) the shipper requests that user fee charged be based on the low value of the shipment;</P> <P>(ii) $23 for a certificate for a noncommercial shipment;</P> <P>(iii)(A) $50 for a certificate for reexport of a commercial shipment; or</P> <P>(B) $23 for a certificate for reexport of a low value commercial shipment, if the following criteria are met:</P> <P>(<E T="03">1</E>) The items being shipped are identical to those identified on the phytosanitary certificate;</P> <P>(<E T="03">2</E>) The shipment is accompanied by an invoice which states that the items being shipped are worth less than $1,250; and</P> <P>(<E T="03">3</E>) The shipper requests that the user fee charged be based on the low value of the shipment;</P> <P>(iv) $50 for a processed product certificate for a commercial shipment;</P> <P>(v) $7 for reissuing any certificate or certificate for reexport; and</P> <P>(h) <E T="03">Refunds of APHIS user fees.</E> (1) A shipper who pays for a block of certificates to cover commercial shipments may obtain a refund or a credit against future APHIS user fees under the following circumstances:</P> <P>(i) If a certificate from the block is voided;</P> <P>(ii) If a certificate from the block is returned unused;</P> <P>(iii) If the shipper pays for inspection outside of normal business hours (8 a.m. to 4:30 p.m.) under § 354.1 of this part.</P> <P>(iv) If a certificate from the block is used for a noncommercial shipment; or</P> <P>(v) If a certificate from the block is used to reissue another certificate.</P> <P>(2) The amount of any refund or credit will be the amount overcharged, less $7 to cover APHIS administrative expenses.</P> <P>(i) <E T="03">Payment methods.</E> For payment of any of the APHIS user fees required in paragraph (g) of this section, we will accept personal checks for amounts less than $100, and checks drawn on commercial accounts, cashier's checks, certified checks, traveler's checks, and money orders for any amount. All payments must be for the exact amount due.</P> <P>(j) The person for whom the service is provided and the person requesting the service are jointly and severally liable for payment of user fees for any import or entry services listed below, of $56.00 per hour, or $14.00 per quarter hour, with a minimum fee of $14.00, for each employee required to perform the following services. If the services must be conducted on a Sunday or holiday or at any other time outside the normal tour of duty of the employee, then the premium user fee rate as listed below applies, as well as the 2-hour minimum charge and a commuted traveltime period required by § 354.1(a)(2). If the services requested are performed on a Sunday, the hourly user fee rate will be $74.00, or $18.50 per quarter hour, with a $18.50 minimum. If the services requested are performed on a day other than Sunday outside the normal tour of duty of the employee providing the service, the hourly user fee rate will be $65.00, or $16.25 per quarter hour, with a $16.25 minimum:</P> <P>(1) Conducting inspections, on vessels or in storage areas, of solid wood packing material or cargo when a shipment arrives without a certificate or exporter statement required under <PRTPAGE P="444"/>§ 319.40-5(g) or § 319.40-5(h) of this chapter, or with an incomplete certificate or exporter statement; and</P> <P>(2) Supervising the separation of cargo from solid wood packing material denied entry under this subpart and the destruction or reexportation of the solid wood packing material.</P> <APPRO>(Approved by the Office of Management and Budget under control numbers 1515-0062, 0579-0094, or 0579-0052)</APPRO> <CITA>[56 FR 14844, Apr. 12, 1991, as amended at 57 FR 769, 770, Jan. 9, 1992; 57 FR 62472, 62473, Dec. 31, 1992; 58 FR 14307, Mar. 17, 1993; 58 FR 38270, July 16, 1993; 61 FR 2664, Jan. 29, 1996; 61 FR 15371, Apr. 8, 1996; 62 FR 39754, July 24, 1997; 63 FR 50111, Sept. 18, 1998; 64 FR 62096, Nov. 16, 1999; 66 FR 21060, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 354.4</SECTNO> <SUBJECT>User fees for certain domestic services.</SUBJECT> <P>(a) <E T="03">Individual agreements for inspection services at ports of entry.</E> (1) Operators and owners of vessels or aircraft, or their agents, may enter into agreements with APHIS to receive, at points of entry in the United States inspection services in addition to the regular or on-call services available in connection with such vessels or aircraft.</P> <P>(2) Agreements may be made to cover the following types of services;</P> <P>(i) Opening and operating a new inspection station at a port of entry; and</P> <P>(ii) Providing one-time or occasional inspection services at a location where APHIS does not normally provide such services.</P> <P>(3) Owners and operators of vessels or aircraft, or their agents, must contact the Regional Director, USDA, APHIS, Plant Protection and Quarantine,<SU>5</SU> <FTREF/> for the State where they want APHIS to provide services, to make an agreement.</P> <FTNT> <P> <SU>5</SU> A list of the Regional Directors, USDA, APHIS, Plant Protection and Quarantine and the States for which they are responsible, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support—Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(4) All agreements must include the following:</P> <P>(i) Name, mailing address, and telephone number of the operator or owner of the vessel or aircraft, or, if applicable, the operator's or owner's agent;</P> <P>(ii) Explanation of inspection services to be provided;</P> <P>(iii) Date(s) and time(s) inspection services will be provided;</P> <P>(iv) Location (street address, port of entry, berth, dock, gate, etc.) and if applicable, identity (identification number, name, etc.) of vessel or aircraft or other thing to be inspected;</P> <P>(v) An estimate of the actual cost, as calculated by APHIS, to provide the described inspection services for 6 months;</P> <P>(vi) A statement that APHIS agrees to provide the described inspection services;</P> <P>(vii) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to pay, at the time the agreement is entered into, a user fee equal to the estimated cost of providing the described inspection services for 6 months;</P> <P>(viii) A statement that APHIS will credit an amount equal to all user fees received for services provided at the location to the owner or operator's account, until the total amount of user fees credited to the account is equal to the amount of money paid into the account by the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, at the time the agreement was entered into; and</P> <P>(ix) A statement that the owner or operator of the vessel or aircraft, or if appropriate, his or her agent, agrees to maintain a balance in the user fee payment account equal to the cost of providing the services described for 6 months, as calculated monthly by APHIS.</P> <P>(5) APHIS will enter into an agreement only if qualified personnel can be made available to provide the services to be provided.</P> <P>(6) An agreement can be terminated by either party on 30 days written notice.</P> <P>(7) If, at the time an agreement is terminated, any unobligated funds remain in the user fee account, APHIS will return them to the owner or operator, or his or her agent.</P> <CITA>[57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <PRTPAGE P="445"/> <SECTNO>§ 354.5</SECTNO> <SUBJECT>Penalties for nonpayment or late payment of user fees.</SUBJECT> <P>(a) If a person requesting a service for which an APHIS user fee is payable, is delinquent in paying any APHIS user fee due under either title 7 or title 9, Code of Federal Regulations, or is delinquent in paying the interest on any delinquent APHIS user fee, then APHIS will not provide the service requested.</P> <P>(b) If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is insufficient or not in compliance with the regulations in this part, then APHIS will take the following action:</P> <P>(1) If an APHIS user fee is due for a certificate or a certificate for reexport, APHIS will not issue the certificate.</P> <P>(2) If an APHIS user fee is past due by more than 30 days, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717.</P> <CITA>[57 FR 771, Jan. 9, 1992]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 355</EAR> <HD SOURCE="HED">PART 355—ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart—Purpose and Definitions</HD> <SECHD>Sec.</SECHD> <SECTNO>355.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>355.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Permission to Engage in Business</HD> <SECTNO>355.10</SECTNO> <SUBJECT>Permission to engage in business concerning nonlisted terrestrial plants.</SUBJECT> <SECTNO>355.11</SECTNO> <SUBJECT>General permits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Inspections and Related Provisions</HD> <SECTNO>355.20</SECTNO> <SUBJECT>Marking and notification requirements for plants imported, exported, or reexported by means other than mail.</SUBJECT> <SECTNO>355.21</SECTNO> <SUBJECT>Marking and mailing requirements for plants imported, exported, or reexported by mail.</SUBJECT> <SECTNO>355.22</SECTNO> <SUBJECT>Validation of documentation.</SUBJECT> <SECTNO>355.23</SECTNO> <SUBJECT>Recordkeeping, access, and reports.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 42912, Oct. 25, 1984, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart—Purpose and Definitions</HD> <SECTION> <SECTNO>§ 355.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>Pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <E T="03">et seq.</E>), the Secretary is responsible for the enforcement of the provisions of the Act and Convention that pertain to the importation, exportation, or reexportation of terrestrial plants.<SU>1</SU> <FTREF/> The regulations in this part are for the purpose of implementing this authority. Regulations of the U.S. Department of the Interior that correlate with the regulations in this part are contained in 50 CFR chapter I.<SU>2</SU> <FTREF/> </P> <FTNT> <P> <SU>1</SU> Under section 11 of the Act (16 U.S.C. 1540), it is unlawful for any person to knowingly violate any provision of the Act, any permit or certificate issued under the Act, or any regulation promulgated under the Act. Section 11 of the Act also provides for criminal, civil, and administrative penalties for any such violation.</P> </FTNT> <FTNT> <P> <SU>2</SU> Plant Protection and Quarantine also administers programs under the Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 through 3378), 7 U.S.C. 2814, and the Plant Protection Act (7 U.S.C. 7701-7772), which authorize additional prohibitions and restrictions on the importation of plants subject to this part (see other parts of 7 CFR chapter III for regulations containing prohibitions and restrictions under these authorities).</P> </FTNT> <CITA>[66 FR 21060, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 355.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean:</P> <P> <E T="03">Act.</E> The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 <E T="03">et seq.</E>).</P> <P> <E T="03">Convention.</E> The Convention on International Trade in Endangered Species of Wild Fauna and Flora, TIAS 8249, 27 U.S.T. 1087, signed on March 3, 1973, and the Appendices thereto.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority to act in his or her <PRTPAGE P="446"/>stead has been or may hereafter be delegated.</P> <P> <E T="03">Engage in business as an importer, exporter, or reexporter of terrestrial plants.</E> To import, export, or reexport terrestrial plants for the purpose of selling, bartering, collecting, or otherwise exchanging or acquiring the plants as a livelihood or enterprise engaged in for gain or profit. This term shall not include persons engaged in business merely as carriers or customhouse brokers.</P> <P> <E T="03">Export (exported, exporting, exportation).</E> To carry, send, take, transport or otherwise remove, or to attempt to carry, send, take, transport or otherwise remove from any place subject to the jurisdiction of the United States.</P> <P> <E T="03">Import (imported, importing, importation).</E> To land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.</P> <P> <E T="03">Inspector.</E> Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator in accordance with law to enforce the provisions of the Act and Convention, and regulations promulgated thereunder.</P> <P> <E T="03">Person.</E> Any individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State or political subdivision thereof or of any foreign government.</P> <P> <E T="03">Plant.</E> Any member of the plant kingdom, including seeds, roots and other parts thereof.</P> <P> <E T="03">Plant Protection and Quarantine.</E> The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, delegated responsibility for enforcing provisions of the Act and Convention, and regulations promulgated thereunder.</P> <P> <E T="03">Reexport (reexported, reexportation).</E> To export following importation.</P> <P> <E T="03">Secretary.</E> The Secretary of Agriculture, or any other officer or employee of the Department of Agriculture to whom authority to act in his or her stead has been or may hereafter be delegated.</P> <P> <E T="03">Terrestrial plants.</E> Any plants (including epiphytic plants), except marine plants.</P> <P> <E T="03">Validation.</E> An original stamp, signature, and date of inspection placed upon documentation required by 50 CFR part 17 or part 23 by an inspector at the port where the terrestrial plants are to be imported, exported or reexported.</P> <P> <E T="03">United States.</E> Any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the U.S. Virgin Islands, Guam, and the Trust Territory of the Pacific Islands.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Permission to Engage in Business</HD> <SECTION> <SECTNO>§ 355.10</SECTNO> <SUBJECT>Permission to engage in business concerning nonlisted terrestrial plants.</SUBJECT> <P>The Secretary hereby grants permission for any person engaged in business as an importer, exporter, or reexporter of terrestrial plants, other than terrestrial plants listed in 50 CFR 17.12 or 23.23, to engage in such business without a general permit issued under § 355.11.</P> </SECTION> <SECTION> <SECTNO>§ 355.11</SECTNO> <SUBJECT>General permits.<SU>3</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>3</SU> This permit is named a “general permit” in order to avoid confusion with “permits” obtained under the Act from the U.S. Department of the Interior to accompany the importation, exportation, or reexportation of plants under U.S. Department of the Interior regulations. General permits are also so named to avoid confusion with permits obtained from Plant Protection and Quarantine for the importation of plants under the Plant Protection Act (7 U.S.C. 7701-7772) and 7 U.S.C. 2801 note and 7 U.S.C. 2814.</P> </FTNT> <P>(a) On or after March 26, 1985 no person shall engage in business as an importer, exporter, or reexporter of any terrestrial plants listed in 50 CFR 17.12 or 23.23 unless such person has obtained a general permit for engaging in such business from Plant Protection and Quarantine.</P> <P>(b) An application for a general permit shall be submitted to the Animal <PRTPAGE P="447"/>and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, 4700 River Road, Unit 139, Riverdale, Maryland 20737-1236. The completed application shall include the following information:<E T="51">4</E> <FTREF/> </P> <FTNT> <P> <E T="51">4</E> Application forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, 4700 River Road, Unit 139, Riverdale, Maryland 20737-1236, or from local offices at any of the ports designated in 50 CFR part 24. Telephone numbers and addresses of local offices are listed in telephone directories.</P> </FTNT> <P>(1) Date of application;</P> <P>(2) Applicant's name, mailing address, and telephone number;</P> <P>(3) If the applicant is an individual, the business affiliation, if any, having to do with the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23;</P> <P>(4) If the applicant is in the name of a business or if the applicant is affiliated with a business which imports, exports, or reexports terrestrial plants listed in 50 CFR 17.12 or 23.23, the form of the business, e.g., corporation, firm, partnership; and the name and address of each partner, officer, director, holder, and owner of 10 percent or more of the voting stock, and employee in a managerial or executive capacity;</P> <P>(5) The address of all applicants’ business locations, including but not limited to locations of nurseries, growing fields, propagating beds, holding beds and similiar facilities where activities relating to terrestrial plants listed in 50 CFR 17.12 or 23.23 would be conducted;</P> <P>(6) A brief and complete description of the nature of the applicant's business as it relates to engaging in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR 17.12 or 23.23;</P> <P>(7) Any address where books or records concerning the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23 would be kept;</P> <P>(8) Name, address, and telephone number of the person authorized to make records or plant inventories available for examination by inspectors or other duly authorized representatives of the Secretary; and</P> <P>(9) Certification by signature of the applicant (must be a partner or officer if the applicant is a business) after the following language: “I hereby certify that the information in this application is complete and accurate to the best of my knowledge and belief.”</P> <P>(c) Each application for a general permit must be accompanied by a check or money order for $70 made payable to Plant Protection and Quarantine. The fee shall not be refunded if the application is denied or abandoned.</P> <P>(d) After receipt and review of the application by Plant Protection and Quarantine, a general permit for the importation, exportation, and reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23 shall be issued if the applicant has submitted an application containing all information requested in paragraph (b) of this section, if the applicant has paid the fee in accordance with paragraph (c) of this section, and if a general permit of the applicant or anyone responsibly connected with the business of the applicant has not been and is not denied, suspended or revoked pursuant to paragraph (i) of this section.</P> <P>(e) The applicant shall be notified in writing by Plant Protection and Quarantine of the approval or denial of any request for a general permit. If a general permit is denied, the notification shall state the reasons therefor. If a general permit is denied, the applicant may request a hearing pursuant to paragraph (i)(1) of this section and may submit to Plant Protection and Quarantine, in writing, reasons why the permit should not have been denied. Such submissions of the applicant shall not be considered a new application if submitted within 60 days following the receipt of notification of the denial by the applicant.</P> <P>(f) Upon receipt of an incomplete or improperly executed application, the applicant shall be notified by Plant Protection and Quarantine of the deficiency of the application. If the applicant fails to supply the deficient information or otherwise fails to correct the deficiency within 60 days following the receipt of the notification by the applicant, the application shall be considered abandoned.<PRTPAGE P="448"/> </P> <P>(g) Upon receipt of an application filed with an insufficient fee, or without a fee, the application and any fee submitted will be returned to the applicant.</P> <P>(h) A general permit shall be valid for 2 years from the date of issuance unless suspended or revoked pursuant to paragraph (i) of this section. A new application must be submitted for the renewal of the general permit. A general permit shall not be transferred, tampered with, amended or otherwise altered in any manner or form by any person.</P> <P>(i)(1) Any application for a general permit may be denied and any general permit which has been issued may be suspended or revoked for a time specified by the Deputy Administrator for any of the reasons provided in paragraph (i)(2) of this section. Before such action is taken, the applicant or permittee will be informed of the reasons for the proposed action, and upon request, shall be afforded an opportunity for a hearing with respect to the merits or validity of such action, in accordance with rules of practice which shall be adopted for the proceeding. However, such denial, suspension or revocation may become effective pending final determination in the proceeding, if the permittee has been convicted or a criminal violation of the Act, or of any regulation, permit, or certificate issued under the Act. Such denial, suspension or revocation shall be effective upon oral or written notification, whichever is earlier, to the permittee. In the event of oral notification of the denial, suspension or revocation, written confirmation shall be given to the permittee as promptly as circumstances allow. This denial, suspension or revocation shall continue in effect pending the completion of the proceeding and any judicial review thereof, unless otherwise ordered by the Deputy Administrator.</P> <P>(2) An application for a general permit may be denied and any general permit which has been issued may be suspended or revoked if:</P> <P>(i) Any requirement of this subpart is not complied with, or</P> <P>(ii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been criminally convicted or had a civil penalty imposed for a violation of the Act or of any regulation, permit, or certificate issued under the Act, or</P> <P>(iii) The applicant, permittee, or a person responsibly connected with the business of the applicant or permittee has been convicted of any crime involving fraud, bribery, extortion, or any other crime involving a lack of integrity needed for the conduct of operations concerning the importation, exportation, or reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23.</P> <P>(3) For the purposes of this section, a person shall be deemed to be responsibly connected with the business of the applicant or permittee if the person is a partner, officer, director, holder, or owner of 10 percent or more or its voting stock, or an employee in a managerial or executive capacity.</P> <APPRO>(Information collection requirements were approved by the Office of Management and Budget under control number 0579-0076)</APPRO> <CITA>[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 66 FR 21060, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart—Inspections and Related Provisions</HD> <SECTION> <SECTNO>§ 355.20</SECTNO> <SUBJECT>Marketing and notification requirements for plants imported, exported, or reexported by means other than mail. <SU>5</SU> <FTREF/> </SUBJECT> <FTNT> <P> <SU>5</SU> Certain terrestrial plants listed in Appendices I, II, or III of the Convention or determined by the U.S. Department of the Interior to be endangered or threatened or similar in appearance to endangered or threatened species are required to be accompanied by documentation at the time of importation, exportation, or reexportation (see 50 CFR chapter I). Plants are allowed to be imported, exported or reexported only at ports authorized for such purposes by the U.S. Department of the Interior, or, under certain circumstances as determined by the U.S. Department of the Interior, at nondesignated ports, pursuant to section 9(f) of the Act (16 U.S.C. 1538(f)). (see 50 CFR part 24 for a list of designated ports.)</P> </FTNT> <P>(a) Any terrestrial plant which is to be imported, exported, or reexported by means other than mail and which may be imported, exported, or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall <PRTPAGE P="449"/>at the time of importation, exportation, or reexportation plainly and correctly bear on the outer container or on a tag, invoice, packing list, or other document accompanying the plant, the following information:</P> <P>(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),</P> <P>(2) Country and locality where collected from the wild or where produced from cultivated stock,</P> <P>(3) Name and address (in the United States if exported or reexported) of shipper, owner or person shipping or forwarding the plants,</P> <P>(4) Name and address (in the United States if imported) of consignee,</P> <P>(5) Identifying shipper's mark and number, and</P> <P>(6) Serial number and type (e.g., permit, certificate) of document issued for the importation, exportation, or reexportation of the plant.</P> <P>(b) Promptly upon arrival at a port of import (listed in 50 CFR part 24, or, if allowed by the U.S. Department of the Interior, at a nondesignated port) of any terrestrial plant which is imported by means other than mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, the importer shall notify Plant Protection and Quarantine of the arrival and of the genus and species of the plant by such means as a manifest, Customs entry document, commercial invoice, waybill, broker's document, or notice form provided for that purpose.</P> <P>(c) Prior to the exportation or reexportation of any terrestrial plant which is to be exported or reexported by other than mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, the exporter or reexporter shall notify Plant Protection and Quarantine of the intended exportation or reexportation and of the genus and species of the plant by such means as a manifest, commercial invoice, waybill, broker's document, or notice form provided for that purpose.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> </SECTION> <SECTION> <SECTNO>§ 355.21</SECTNO> <SUBJECT>Marking and mailing requirements for plants imported, exported, or reexported by mail.<SU>5</SU> </SUBJECT> <P>(a) Any terrestrial plant which is to be imported by mail and which may be imported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538 (f))); and shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the name, address, and telephone number of the intended recipient in the United States; and shall plainly and correctly bear on the outer container the following information:</P> <P>(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),</P> <P>(2) Country and locality where collected from the wild or where produced from cultivated stock,</P> <P>(3) Name and address of shipper, owner, or person shipping or forwarding the plants, and</P> <P>(4) Serial number and type (e.g. permit, certificate) of document issued for the importation of the plant.</P> <P>(b) Any terrestrial plant which is to be exported or reexported by mail and which may be exported or reexported under 50 CFR part 17 or part 23 only if accompanied by documentation, shall be mailed to Plant Protection and Quarantine (at a port authorized for such purpose by the U.S. Department of the Interior in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538(f))); shall be wrapped in double wrapping, with an unsealed inner wrapping addressed to the foreign recipient and bearing sufficient postage for mailing to the foreign destination; shall be accompanied by a separate sheet of paper within the package plainly and correctly bearing the following information:</P> <P>(1) Genus and species, and quantity of each (if a hybrid, genus of each parent, and quantity of each hybrid),</P> <P>(2) Country and locality where collected from the wild or where produced from cultivated stock,<PRTPAGE P="450"/> </P> <P>(3) Name and address in the United States of shipper, owner, or person shipping or forwarding the plants, and</P> <P>(4) Serial number and type (e.g. permit, certificate) of document issued for the exportation or reexportation of the plant.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> </SECTION> <SECTION> <SECTNO>§ 355.22</SECTNO> <SUBJECT>Validation of documentation.</SUBJECT> <P>(a) Documentation for any mailed or nonmailed terrestrial plant which is required to have documentation under 50 CFR part 17 or part 23 at the time of importation, must be validated by an inspector prior to movement of such plant from the Customs inspection area at the port of entry. The original documentation must be surrendered to the inspector at the time of validation.</P> <P>(b) Documentation for any mailed or nonmailed terrestrial plant which is listed in 50 CFR 17.12 or 23.23 and which is required to have documentation under 50 CFR part 17 or part 23 at the time of exportation or reexportation, must be validated at the port of export or reexport by an inspector prior to the exportation or reexportation of such plant.<SU>6</SU> <FTREF/> The original and one copy of the documentation must be submitted for validation, and the copy must be surrendered to the inspector at the time of validation.</P> <FTNT> <P> <SU>6</SU> It is the policy of the Department of Agriculture to allow, if inspectors are available, terrestrial plants listed in 50 CFR 17.12 or 23.23 which are intended for export to be inspected at the premises where such plants are grown. However, the documentation required for the export of such plants by 50 CFR part 17 or part 23 shall only be validated at the port of export and only when such plants are presented at the port for export together with the documents required by 50 CFR part 17 or part 23 and a certified statement by the inspector who inspected the plants that the plants are apparently eligible for exportation in accordance with the provisions of this part and provisions of 50 CFR chapter I relating to the Act and Convention. Plants which have been previously inspected must be exported through a designated port (unless allowed by the United States Department of the Interior to be exported through a nondesignated port) in order to comply with section 9(f) of the Act [16 U.S.C. 1538(f)]. Plants which are inspected at the premises of origin must be available at the port of export for monitoring inspections and for other inspections deemed need for enforcement purposes, but, unless so inspected, will not need to be unpacked, inspected and repacked at the port. Information concerning the availability of inspectors to conduct inspections at the premise of origin may be obtained by calling local offices of Plant Protection and Quarantine, which are listed in telephone directories, or by writing the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Operational Support—Director's Office, 4700 River Road, Unit 131, Riverdale, Maryland 20737-1236.</P> </FTNT> <P>(c) Documentation for a plant shall be validated under this section upon endorsement of the documentation by an inspector when he or she determines that the plant was apparently eligible for importation, exportation, or reexportation in accordance with the provisions of this part and the provisions of 50 CFR chapter I relating to the Act and Convention.</P> <P>(d) To obtain validation of documentation, the importer, exporter, or reexporter, or agent thereof, shall make available to an inspector:</P> <P>(1) All shipping documents (including bills of lading, waybills, packing lists, and invoices):</P> <P>(2) All documents required by the Act and Convention; and</P> <P>(3) The plant being imported, exported, or reexported.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> <CITA>[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 355.23</SECTNO> <SUBJECT>Recordkeeping, access, and reports.</SUBJECT> <P>(a) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall keep such records as will fully and correctly disclose each importation, exportation, or reexportation of terrestrial plants made by such person and the subsequent disposition made by such person of the plants. Such records shall include shipping documents for each shipment of plants imported, exported, or reexported; a description of the form of the plants (such as whole live plants, cuttings, seeds, or other specific parts <PRTPAGE P="451"/>or derivatives of plants); the scientific and common names of the plants; the country or place of origin of the plants; the date and place of importation, exportation, or reexportation of the plants; the number (weight if the plants cannot be quantified by number) and specific location of plants; the date and means of subsequent disposition of the plants, whether by sale, barter, consignment, loan, delivery, destruction, or other means; and names and addresses of persons to whom the plants were disposed, if applicable.</P> <P>(b) Every record required to be kept under this section shall be kept for a period of 5 years after the occurrence of the transactions to which the records relate, and for such further time as the Deputy Administrator may require by written notice to the person required to keep such records under this part for purposes of any investigation, litigation, or other proceeding under the Act or this part.</P> <P>(c) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 shall, upon presentation of credentials by an inspector or duly authorized representatives of the Secretary; during ordinary business hours of the person given notice, afford such inspector access to the person's place of business, the opportunity to examine the person's inventory of plants and the records required to be kept under paragraph (a) of this section, and the opportunity to copy such records. The use of a room, table, or other facilities (other than reproduction equipment) necessary for examination and copying of records and for such examination of inventory shall be afforded such inspector.</P> <P>(d) Any person engaged in business as an importer, exporter, or reexporter of terrestrial plants listed in 50 CFR part 17 or part 23, upon written request by the Deputy Administrator, shall submit within 60 days of such request, a report concerning any of the information required to be maintained under paragraphs (a) and (b) of this section.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 356</EAR> <HD SOURCE="HED">PART 356—FORFEITURE PROCEDURES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>356.1</SECTNO> <SUBJECT>Property subject to forfeiture procedures.</SUBJECT> <SECTNO>356.2</SECTNO> <SUBJECT>Appraisement.</SUBJECT> <SECTNO>356.3</SECTNO> <SUBJECT>Property valued at greater than $10,000; notice of seizure and civil action to obtain forfeiture.</SUBJECT> <SECTNO>356.4</SECTNO> <SUBJECT>Property valued at $10,000 or less; notice of seizure and administrative action to obtain forfeiture.</SUBJECT> <SECTNO>356.5</SECTNO> <SUBJECT>Bonded release.</SUBJECT> <SECTNO>356.6</SECTNO> <SUBJECT>Storage of property.</SUBJECT> <SECTNO>356.7</SECTNO> <SUBJECT>Petition for remission or mitigation of forfeiture.</SUBJECT> <SECTNO>356.8</SECTNO> <SUBJECT>Return procedure.</SUBJECT> <SECTNO>356.9</SECTNO> <SUBJECT>Filing of documents.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1540(f), 16 U.S.C. 3374); 7 CFR 2.22, 2.80, 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>49 FR 42916, Oct. 25, 1984, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 356.1</SECTNO> <SUBJECT>Property subject to forfeiture procedures.</SUBJECT> <P>This part sets forth procedures relating to the forfeiture of any plant, equipment, means of conveyance or other property <SU>1</SU> <FTREF/> seized under the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 <E T="03">et seq.</E>) or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 <E T="03">et seq.</E>), <SU>2</SU> <FTREF/> in possession (actual or constructive) of the United States Department of Agriculture, and subject to forfeiture under these Acts because of activities pertaining to the importation, <PRTPAGE P="452"/>exportation, or reexportation of terrestrial plants.</P> <FTNT> <P> <SU>1</SU> Under section 11(e)(4) of the Endangered Species Act (“Act”; 16 U.S.C. 1540(e)(4)) any such equipment and means of conveyance would be subject to forfeiture upon conviction of a criminal violation pursuant to section 11(b)(1) of the Act (16 U.S.C. 1540(b)(1)); however, such a plant may be subject to forfeiture regardless of whether a criminal conviction is obtained.</P> </FTNT> <FTNT> <P> <SU>2</SU> Under section 5(a)(2) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(2)) USDA has authority to initiate forfeiture proceedings against all vessels, vehicles, aircraft, and other equipment used to aid in the importation or exportation of plants in a criminal violation of the Lacey Act Amendments of 1981 for which a felony conviction has been obtained if (a) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting part or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would <PRTPAGE/>be used in a criminal violation of the Lacey Act Amendments of 1981, and (b) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase plants. However, under section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3474(a)(1) plants seized for violations of the Amendments are subject to forfeiture regardless of whether a civil penalty assessment or criminal conviction is obtained.</P> </FTNT> <CITA>[49 FR 46336, Nov. 26, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 356.2</SECTNO> <SUBJECT>Appraisement.</SUBJECT> <P>Promptly following the seizure or other receipt of property specified in § 356.1, the Deputy Administrator shall determine the retail value of such property in the same quantity or quantities as seized. If the property may lawfully be sold in the United States, the value thereof shall be determined by ascertaining the price at which the property or similar property in the ordinary course of trade is freely offered for sale at the time of appraisement, and at a principal market as close as possible to the place of appraisement. If the property may not lawfully be sold in the United States, the value thereof shall be determined by other reasonable means.</P> </SECTION> <SECTION> <SECTNO>§ 356.3</SECTNO> <SUBJECT>Property valued at greater than $10,000; notice of seizure and civil action to obtain forfeiture.</SUBJECT> <P>Promptly following the seizures or other receipt of any property specified in § 356.1 and determined under § 356.2 to have a value greater than $10,000, the Deputy Administrator shall mail a notice of seizure by registered or certified mail to the current or last known or reasonable ascertainable address, return receipt requested, to persons known or reasonably ascertained to be the owner or agent of the seized property and to any other person having an interest in the property. Such notice shall describe the seized property, shall state the time, date, place, and reason for the seizure, that there is a right to petition for remission or mitigation of forfeiture pursuant to § 356.7, and shall state that action shall be taken in accordance with this part. Promptly following the seizure of such property, the Secretary shall also submit a report concerning such property to the U.S. Attorney for the district in which the seizure was made for institution of forfeiture proceedings in the U.S. District Court. The report shall provide a statement of all the relevant facts and circumstances of the case, including the names of the witnesses, and a citation to the laws believed to have been violated and on which reliance may be had for forfeiture.</P> </SECTION> <SECTION> <SECTNO>§ 356.4</SECTNO> <SUBJECT>Property valued at $10,000 or less; notice of seizure administrative action to obtain forfeiture.</SUBJECT> <P>(a) <E T="03">When authorized.</E> The Secretary shall take measures to obtain forfeiture in accordance with this section of any property specified in § 356.1 and determined under § 356.2 to have a value of $10,000 or less.</P> <P>(b) <E T="03">Waiver of forfeiture procedures by owner of seized property.</E> A person claiming to be an owner or to have an interest in any property specified in § 356.1 with a value of $10,000 or less may waive any rights to any procedures relating to forfeiture under this subpart by signing a statement providing for waiver of such rights.</P> <P>(1) The Deputy Administrator shall publish a copy of the notice of seizure and proposed forfeiture as provided in paragraph (c)(1) of this section, by posting for 21 days in a conspicuous place accessible to the public at the Plant Protection and Quarantine Enforcement office nearest the place of seizure. The time and date of posting shall be indicated on the notice.</P> <P>(2) Upon the execution of such statement and following publication of the notice for 21 days as provided in paragraph (c)(1) of this section, any interest in such property by such owner shall become forfeited under the Act without further action under this subpart, and the Deputy Administrator shall not be required to send such owner any notices or declarations otherwise required by this subpart.</P> <P>(c) <E T="03">Procedure absent waiver of forfeiture procedures by owner.</E> (1) Notice of seizure and proposed forfeiture. Promptly following seizure of property, the Deputy Administrator shall issue a <PRTPAGE P="453"/>notice of seizure and proposed forfeiture. The notice shall be in substantially the same form as a complaint for forfeiture filed in the U.S. District Court. The notice shall describe the seized property, including any identification numbers, such as the license, registration, motor, and serial numbers for a motor vehicle. The notice shall state the time, date, and place of seizure; the reason for seizure; and shall specify the value of the property as determined under § 356.2. The notice shall contain specific reference to the provisions of the Act, permit, certificate, or regulations allegedly violated and under which the property is subject to forfeiture. The notice shall state that any person desiring to claim the property must file a claim and a bond in accordance with paragraph (c)(2) of this section, and shall state that if a proper claim and bond are not received by the specified office within the time prescribed by such paragraph, the property will be declared forfeited to the United States and disposed of according to law. The notice shall also advise interested persons of their right to file a petition for remission or mitigation of forfeiture in accordance with § 356.7.</P> <P>(i) Promptly following the seizure, The Deputy Administrator shall mail a copy of the notice by registered or certified mail, return receipt requested, to persons known or reasonably ascertained to be the owner or agent of the seized property, and to any other person having an interest in the property, if such owner or agent or other person and their address is known or reasonably ascertainable.</P> <P>(ii) <E T="03">Publication.</E> Promptly following the seizure, the Deputy Administrator shall publish a copy of the notice by posting for 21 days in a conspicuous place accessible to the public at the Plant Protection and Quarantine enforcement office nearest the place of seizure. The time and date of posting shall be indicated on the notice.</P> <P>(2) <E T="03">Filing a claim and bond.</E> Upon issuance of the notice of proposed forfeiture, any person claiming ownership of or other interest in the seized property may file with the office specified in the notice a claim to the property and a bond in the amount of $250, with sureties to be approved by the Deputy Administrator, conditioned that in case of condemnation of the articles so claimed, the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation. Any claim and bond must be received in such office within 20 days after posting of the notice of proposed forfeiture, and shall state claimant's interest in the property. The Deputy Administrator may extend the 20 day period with an appropriate statement on the posted notice of proposed forfeiture, if necessary, to allow a person deemed to have an interest in the property at least 10 days to file such a claim and bond after receipt of a notice of proposed forfeiture. The bond shall be on a U.S. Customs Form 4615 or on a similar form provided by Plant Protection and Quarantine. There shall be endorsed on the bond a list or schedule in substantially the following form which shall be signed by the claimant in the presence of the witnesses to the bond, and attested by the witnesses: </P> <EXTRACT> <FP>List or schedule containing a description of seized articles, claim for which is covered by the bond:</FP> <FP SOURCE="FP-DASH"/> <FP SOURCE="FP-DASH"/> <P>The foregoing list is correct. </P> <FP SOURCE="FP-DASH"/> <FP>Claimant</FP> <FP SOURCE="FP-DASH">Attest:</FP> <FP SOURCE="FP-DASH"/> </EXTRACT> <FP>The claim and bond referred to in the paragraph shall not entitle the claimant or any other person to possession of the property.</FP> <P>(3) <E T="03">Transmittal to U.S. Attorney.</E> As soon as practicable after timely receipt by the specified office of a proper claim and bond in accordance with paragraph (c)(2) of this section, the Secretary shall transmit such claim, bond (with a duplicate list and description of the articles seized), and a report as described in § 356.3 to the U.S. Attorney for the district in which seizure was made for forfeiture proceedings in the U.S. District Court.</P> <P>(d) <E T="03">Summary forfeiture.</E> If a proper claim and bond are not received by the specified office within the time periods as specified in paragraph (c)(2) of this section, the property shall be forfeited and the Deputy Administrator shall <PRTPAGE P="454"/>prepare a declaration of forfeiture. The declaration of forfeiture shall be in writing, and the Deputy Administrator shall send such declaration by registered or certified mail, return receipt requested, to each person whose whereabouts and prior interests in the seized property are known or reasonably ascertainable. The declaration shall be in substantially the same form as a default judgment of forfeiture entered in U.S. District Court. The declaration shall describe the property and state the time, date, place, and reason for its seizure. The declaration shall identify the notice of proposed forfeiture, describing the dates and manner of publication of the notice and any efforts made to serve the notice personally or by mail. The declaration shall state that in response to the notice a proper claim and bond were not timely received by the proper office from any claimant, and that, therefore, all potential claimants are deemed to admit the truth of the allegations of the notice. The declaration shall conclude with an order of condemnation and forfeiture of the property to the United States for disposition according to law.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> </SECTION> <SECTION> <SECTNO>§ 356.5</SECTNO> <SUBJECT>Bonded release.</SUBJECT> <P>(a) The Deputy Administrator may accept a bond or other security, in the amount of the value of the property as determined under § 356.3, in place of any property specified in § 356.1 and release the property to the owner or agent of the property, if such action would not frustrate the purposes of the Act and Convention. As an example, this section does not allow the release of terrestrial plants that are without documentation required under 50 CFR chapter I.</P> <P>(b) Any request for the return of property based on the acceptance of a bond or other security shall be submitted in writing to the Deputy Administrator. The request shall include evidence to establish that the person making the request is the sole owner of the property referred to in the request or is the agent of the sole owner of such property. A response in writing, granting or denying the request, and the reasons therefor, shall be sent to the person making the request.</P> </SECTION> <SECTION> <SECTNO>§ 356.6</SECTNO> <SUBJECT>Storage of property.</SUBJECT> <P>Following the seizure or other receipt of any property specified in § 356.1 and valued at $10,000 or less, the property shall remain in the custody of the Deputy Administrator pending disposition. Pending such disposition, the property shall be stored in such place, as, in the opinion of the Deputy Administrator, is most convenient and appropriate with due regard to the expense involved, whether or not the place of storage is within the judicial district in which the property was seized.</P> </SECTION> <SECTION> <SECTNO>§ 356.7</SECTNO> <SUBJECT>Petition for remission or mitigation of forfeiture.</SUBJECT> <P>(a) Any person who has an interest in any property specified in § 356.1 and valued at $10,000 or less, or any person who has incurred or is alleged to have incurred a forfeiture of any such property, may file with the Deputy Administrator a petition for remission or mitigation of forfeiture while the property is in the custody of the Deputy Administrator.</P> <P>(b) A petition filed with the Deputy Administrator need not be in any particular form, but must contain the following:</P> <P>(1) A description of the property:</P> <P>(2) The time, date, and place of seizure;</P> <P>(3) Evidence of the petitioner's interest in the property such as contracts, bills of sale, invoices, security interests, certificates of title; and</P> <P>(4) A statement of all facts and circumstances relied upon by the petitioners to justify remission or mitigation of the forfeiture.</P> <P>(c) The petition shall be signed by the petitioner or the petitioner's attorney at law. If the petitioner is a business, the petition must be signed by a partner, officer, or petitioner's attorney at law.</P> <P>(d) Upon receiving the petition, the Deputy Administrator shall decide whether or not to grant relief. In making a decision, the Deputy Administrator shall consider the information submitted by the petitioner, as well as <PRTPAGE P="455"/>any other available information relating to the matter, and may require that testimony be taken concerning the petition.</P> <P>(e) If the Deputy Administrator finds that the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law or finds the existence of such mitigating circumstances as to justify remission or mitigation of the forfeiture or alleged forfeiture, the Deputy Administrator may remit or mitigate the same upon terms and conditions as he deems reasonable and just. However, remission or mitigation will not be made if such action would frustrate the purposes of the Act or Convention. As an example, this section does not allow remission or mitigation with respect to terrestrial plants that are without documentation required under 50 CFR chapter I.</P> <P>(f) The Deputy Administrator shall notify the petitioner in writing concerning whether the petition was granted or denied, and shall state the reasons therefor. If the petition is denied fully or in part, the petitioner may then file a supplemental petition, but no supplemental petition shall be considered unless it is received within 60 days from the date of the Deputy Administrator's notification concerning the original petition. The Deputy Administrator shall notify the petitioner in writing concerning the action taken in response to the supplemental petition, and shall state the reasons therefor.</P> <APPRO>(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)</APPRO> </SECTION> <SECTION> <SECTNO>§ 356.8</SECTNO> <SUBJECT>Return procedure.</SUBJECT> <P>If, at the conclusion of proceedings, seized property is to be returned to the person determined to be the owner or agent thereof, the Deputy Administrator shall issue a letter or other document to the person determined to be owner or agent thereof authorizing its return. This letter shall be delivered personally or sent by registered or certified mail, return receipt requested, and shall identify the person determined to be the owner or agent, the seized property, and if appropriate, the bailee of the seized property. It shall also provide that upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by Plant Protection and Quarantine, the seized property is authorized to be released.</P> </SECTION> <SECTION> <SECTNO>§ 356.9</SECTNO> <SUBJECT>Filing of documents.</SUBJECT> <P>(a) Any document required by this subpart to be filed or served within a certain period of time, will be considered filed or served as of the time of receipt by the party with or upon whom filing or service is required.</P> <P>(b) Saturdays, Sundays, and federal holidays shall be included in computing the time allowed for the filing or serving of any document or paper; except that when such time expires on a Saturday, Sunday or federal holiday, such period shall be extended to include the next following business day.</P> </SECTION> </PART> <PART> <EAR>Pt. 360</EAR> <HD SOURCE="HED">PART 360—NOXIOUS WEED REGULATIONS</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>360.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>360.200</SECTNO> <SUBJECT>Designation of noxious weeds.</SUBJECT> <SECTNO>360.300</SECTNO> <SUBJECT>General prohibitions and restrictions on the movement of noxious weeds; permits.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7711-7714, 7718, 7731, 7751, and 7754; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SECTION> <SECTNO>§ 360.100</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>(a) As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require.</P> <P>(b) As used in this part, the terms as defined in section 3 of the Act (7 U.S.C. 2802) shall apply with equal force and effect. In addition and except as may be provided otherwise in this part the following words shall be construed, respectively, to mean:</P> <P> <E T="03">Department.</E> The U.S. Department of Agriculture.</P> <P> <E T="03">Deputy Administrator.</E> The Deputy Administrator of the Plant Protection and Quarantine Programs of the Animal and Plant Health Inspection Service of the Department, or any other officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.<PRTPAGE P="456"/> </P> <P> <E T="03">Plant Protection and Quarantine Programs.</E> The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department.</P> <CITA>[41 FR 49988, Nov. 12, 1976]</CITA> </SECTION> <SECTION> <SECTNO>§ 360.200</SECTNO> <SUBJECT>Designation of noxious weeds.</SUBJECT> <P>As authorized under section 412 of the Plant Protection Act (7 U.S.C. 7712), the Secretary of Agriculture has determined that the following plants <SU>1</SU> <FTREF/> or plant products fall within the definition of “noxious weed” as defined in section 403 of the Act (7 U.S.C. 7702(10)). Accordingly, the dissemination in the United States of the following plants or plant products may reasonably be expected to have the effects specified in section 403 of the Act:</P> <FTNT> <P> <SU>1</SU> One or more of the common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all weeds within the genus or species represented by the scientific name, regardless of whether the common name or names are as comprehensive in scope as the scientific name.</P> </FTNT> <P>(a) <E T="03">Aquatic and wetland weeds:</E> </P> <EXTRACT> <FP SOURCE="FP-1"> <E T="03">Azolla pinnata</E> R. Brown (mosquito fern, water velvet)</FP> <FP SOURCE="FP-1"> <E T="03">Caulerpa taxifolia</E> (Mediterranean clone)</FP> <FP SOURCE="FP-1"> <E T="03">Eichornia azurea</E> (Swartz) Kunth (anchored waterhyacinth, rooted waterhyacinth)</FP> <FP SOURCE="FP-1"> <E T="03">Hydrilla verticillata</E> (Linnaeus f.) Royle (hydrilla)</FP> <FP SOURCE="FP-1"> <E T="03">Hygrophila polysperma</E> T. Anderson (Miramar weed)</FP> <FP SOURCE="FP-1"> <E T="03">Ipomoea aquatica</E> Forsskal (water-spinach, swamp morning-glory)</FP> <FP SOURCE="FP-1"> <E T="03">Lagarosiphon major</E> (Ridley) Moss</FP> <FP SOURCE="FP-1"> <E T="03">Limnophila sessiliflora</E> (Vahl) Blume (ambulia)</FP> <FP SOURCE="FP-1"> <E T="03">Melaleuca quenquinervia</E> (Cav.) Blake (broadleaf paper bark tree).</FP> <FP SOURCE="FP-1"> <E T="03">Monochoria hastata</E> (Linnaeus) Solms-Laubach</FP> <FP SOURCE="FP-1"> <E T="03">Monochoria vaginalis</E> (Burman f.) C. Presl</FP> <FP SOURCE="FP-1"> <E T="03">Ottelia alismoides (L.) Pers.</E> </FP> <FP SOURCE="FP-1"> <E T="03">Sagittaria sagittifolia</E> Linnaeus (arrowhead)</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia auriculata</E> Aublet (giant salvinia)</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia biloba</E> Raddi (giant salvinia)</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia herzogii</E> de la Sota (giant salvinia)</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia molesta</E> D.S. Mitchell (giant salvinia)</FP> <FP SOURCE="FP-1"> <E T="03">Solanum tampicense</E> Dunal (wetland nightshade)</FP> <FP SOURCE="FP-1"> <E T="03">Sparganium erectum</E> Linnaeus (exotic bur-reed)</FP> </EXTRACT> <P>(b) <E T="03">Parasitic weeds:</E> </P> <EXTRACT> <FP SOURCE="FP-1"> <E T="03">Aeginetia</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Alectra</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Cuscuta</E> spp. (dodders), other than following species:</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta americana</E> Linnaeus</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta applanata</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta approximata</E> Babington</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta attenuata</E> Waterfall</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta boldinghii</E> Urban</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta brachycalyx</E> (Yuncker) Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta californica</E> Hooker & Arnott</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta campestris</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta cassytoides</E> Nees ex Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta ceanothii</E> Behr</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta cephalanthii</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta compacta</E> Jussieu</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta corylii</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta cuspidata</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta decipiens</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta dentatasquamata</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta denticulata</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta epilinum</E> Weihe</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta epithymum</E> (Linnaeus) Linnaeus</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta erosa</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta europaea</E> Linnaeus</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta exalta</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta fasciculata</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta glabrior</E> (Engelmann) Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta globulosa</E> Bentham</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta glomerata</E> Choisy</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta gronovii</E> Willdenow</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta harperi</E> Small</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta howelliana</E> Rubtzoff</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta indecora</E> Choisy</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta jepsonii</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta leptantha</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta mitriformis</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta nevadensis</E> I. M. Johnston</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta obtusiflora</E> Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta occidentalis</E> Millspaugh ex Mill & Nuttall</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta odontolepis</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta pentagona</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta planiflora</E> Tenore</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta plattensis</E> A. Nelson</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta polygonorum</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta rostrata</E> Shuttleworth ex Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta runyonii</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta salina</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta sandwichiana</E> Choisy</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta squamata</E> Engelmann</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta suaveolens</E> Seringe</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta suksdorfii</E> Yuncker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta tuberculata</E> Brandegee</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta umbellata</E> Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta umbrosa</E> Beyrich ex Hooker</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta vetchii</E> Brandegee</FP> <FP SOURCE="FP1-2"> <E T="03">Cuscuta warneri</E> Yuncker</FP> <FP SOURCE="FP-1"> <E T="03">Orobanche</E> spp. (broomrapes), other than the following species:</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche bulbosa</E> (Gray) G. Beck</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche californica</E> Schlechtendal & Chamisso<PRTPAGE P="457"/> </FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche cooperi</E> (Gray) Heller</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche corymbosa</E> (Rydberg) Ferris</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche dugesii</E> (S. Watson) Munz</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche fasciculata</E> Nuttall</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche ludoviciana</E> Nuttall</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche multicaulis</E> Brandegee</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche parishii</E> (Jepson) Heckard</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche pinorum</E> Geyer ex Hooker</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche uniflora</E> Linnaeus</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche valida</E> Jepson</FP> <FP SOURCE="FP1-2"> <E T="03">Orobanche vallicola</E> (Jepson) Heckard</FP> <FP SOURCE="FP-1"> <E T="03">Striga</E> spp. (witchweeds)</FP> </EXTRACT> <P>(c) <E T="03">Terrestrial weeds:</E> </P> <EXTRACT> <FP SOURCE="FP-1"> <E T="03">Ageratina adenophora</E> (Sprengel) King & Robinson (crofton weed)</FP> <FP SOURCE="FP-1"> <E T="03">Alternanthera sessilis</E> (Linnaeus) R. Brown ex de Candolle (sessile joyweed)</FP> <FP SOURCE="FP-1"> <E T="03">Asphodelus fistulosus</E> Linnaeus (onionweed)</FP> <FP SOURCE="FP-1"> <E T="03">Avena sterilis</E> Linnaeus (including <E T="03">Avena ludoviciana</E> Durieu) (animated oat, wild oat)</FP> <FP SOURCE="FP-1"> <E T="03">Carthamus oxyacantha</E> M. Bieberstein (wild safflower)</FP> <FP SOURCE="FP-1"> <E T="03">Chrysopogon aciculatus</E> (Retzius) Trinius (pilipiliula)</FP> <FP SOURCE="FP-1"> <E T="03">Commelina benghalensis</E> Linnaeus (Benghal dayflower)</FP> <FP SOURCE="FP-1"> <E T="03">Crupina vulgaris</E> Cassini (common crupina)</FP> <FP SOURCE="FP-1"> <E T="03">Digitaria scalarum</E> (Schweinfurth) Chiovenda (African couchgrass, fingergrass)</FP> <FP SOURCE="FP-1"> <E T="03">Digitaria velutina</E> (Forsskal) Palisot de Beauvois (velvet fingergrass, annual conchgrass)</FP> <FP SOURCE="FP-1"> <E T="03">Drymaria arenarioides</E> Humboldt & Bonpland ex Roemer & Schultes (lightning weed)</FP> <FP SOURCE="FP-1"> <E T="03">Emex australis</E> Steinheil (three-cornered jack)</FP> <FP SOURCE="FP-1"> <E T="03">Emex spinosa</E> (Linnaeus) Campdera (devil's thorn)</FP> <FP SOURCE="FP-1"> <E T="03">Galega officinalis</E> Linnaeus (goatsrue)</FP> <FP SOURCE="FP-1"> <E T="03">Heracleum mantegazzianum</E> Sommier & Levier (giant hogweed)</FP> <FP SOURCE="FP-1"> <E T="03">Homeria</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Imperata brasiliensis</E> Trinius (Brazilian satintail)</FP> <FP SOURCE="FP-1"> <E T="03">Imperata cylindrica</E> (Linnaeus) Raeuschel (cogongrass)</FP> <FP SOURCE="FP-1"> <E T="03">Ischaemum rugosum</E> Salisbury (murainograss)</FP> <FP SOURCE="FP-1"> <E T="03">Leptochloa chinensis</E> (Linnaeus) Nees (Asian sprangletop)</FP> <FP SOURCE="FP-1"> <E T="03">Lycium ferocissimum</E> Miers (African boxthorn)</FP> <FP SOURCE="FP-1"> <E T="03">Melastoma malabathricum</E> Linnaeus</FP> <FP SOURCE="FP-1"> <E T="03">Mikania cordata</E> (Burman f.) B. L. Robinson (mile-a-minute)</FP> <FP SOURCE="FP-1"> <E T="03">Mikania micrantha</E> Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP-1"> <E T="03">Mimosa invisa</E> Martius (giant sensitive plant)</FP> <FP SOURCE="FP-1"> <E T="03">Mimosa pigra</E> Linneaus var. <E T="03">pigra</E> (catclaw mimosa)</FP> <FP SOURCE="FP-1"> <E T="03">Nassella trichotoma</E> (Nees) Hackel ex Arechavaleta (serrated tussock)</FP> <FP SOURCE="FP-1"> <E T="03">Opuntia aurantiaca</E> Lindley (jointed prickly pear)</FP> <FP SOURCE="FP-1"> <E T="03">Oryza longistaminata</E> A. Chevalier & Roehrich (red rice)</FP> <FP SOURCE="FP-1"> <E T="03">Oryza punctata</E> Kotschy ex Steudel (red rice)</FP> <FP SOURCE="FP-1"> <E T="03">Oryza rufipogon</E> Griffith (red rice)</FP> <FP SOURCE="FP-1"> <E T="03">Paspalum scrobiculatum</E> Linnaeus (Kodo-millet)</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum clandestinum</E> Hochstetter ex Chiovenda (kikuyugrass)</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum macrourum</E> Trinius (African feathergrass)</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum pedicellatum</E> Trinius (kyasumagrass)</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum polystachion</E> (Linnaeus) Schultes (missiongrass, thin napiergrass)</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis alpataco</E> R. A. Philippi</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis argentina</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis articulata</E> S. Watson</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis burkartii</E> Munoz</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis caldenia</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis calingastana</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis campestris</E> Griseback</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis castellanosii</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis denudans</E> Bentham</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis elata</E> (Burkart) Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis farcta</E> (Solander ex Russell) Macbride</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ferox</E> Grisebach</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis fiebrigii</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis hassleri</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis humilis</E> Gillies ex Hooker & Arnott</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis kuntzei</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis pallida</E> (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis palmeri</E> S. Watson</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis reptans</E> Bentham var. <E T="03">reptans</E> </FP> <FP SOURCE="FP-1"> <E T="03">Prosopis rojasiana</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ruizlealii</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ruscifolia</E> Grisebach</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis sericantha</E> Gillies ex Hooker & Arnott</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis strombulifera</E> (Lamarck) Bentham</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis torquata</E> (Cavanilles ex Lagasca y Segura) de Candolle</FP> <FP SOURCE="FP-1"> <E T="03">Rottboellia cochinchinensis</E> (Lour.) W. Clayton</FP> <FP SOURCE="FP-1"> <E T="03">Rubus fruticosus</E> Linnaeus (complex) (wild blackberry)</FP> <FP SOURCE="FP-1"> <E T="03">Rubus moluccanus</E> Linnaeus (wild raspberry)</FP> <FP SOURCE="FP-1"> <E T="03">Saccharum spontaneum</E> Linnaeus (wild sugarcane)</FP> <FP SOURCE="FP-1"> <E T="03">Salsola vermiculata</E> Linnaeus (wormleaf salsola)</FP> <FP SOURCE="FP-1"> <E T="03">Setaria pallide-fusca</E> (Schumacher) Stapf & Hubbard (cattail grass)</FP> <FP SOURCE="FP-1"> <E T="03">Solanum torvum</E> Swartz (turkeyberry)</FP> <FP SOURCE="FP-1"> <E T="03">Solanum viarum</E> Dunal (tropical soda apple)</FP> <FP SOURCE="FP-1"> <E T="03">Spermacoce alata</E> (Aublet) de Candolle</FP> <FP SOURCE="FP-1"> <E T="03">Tridax procumbens</E> Linnaeus (coat buttons)</FP> <FP SOURCE="FP-1"> <E T="03">Urochloa panicoides</E> Beauvois (liverseed grass)</FP> </EXTRACT> <CITA>[48 FR 20039, May 4, 1983, as amended at 49 FR 25223, June 20, 1984; 57 FR 8838, Mar. 13, 1992; 60 FR 35832, July 12, 1995; 64 FR 12883, Mar. 16, 1999; 65 FR 33743, May 25, 2000; 66 FR 21060, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <PRTPAGE P="458"/> <SECTNO>§ 360.300</SECTNO> <SUBJECT>General prohibitions and restrictions on the movement of noxious weeds; permits.</SUBJECT> <P>(a) No person may move a Federal noxious weed into or through the United States, or interstate, unless:</P> <P>(1) He or she obtains a permit for such movement in accordance with paragraphs (b) through (e) of this section; and</P> <P>(2) The movement is consistent with the specific conditions contained in the permit.</P> <P>(b) The Deputy Administrator will issue a written permit for the movement of a noxious weed into or through the United States, or interstate, if application is made for such movement and if the Deputy Administrator determines that such movement, under conditions specified in the permit, would not involve a danger of dissemination of the noxious weed in the United States, or interstate; otherwise such a permit will not be issued.</P> <P>(c) All such permits issued shall contain in written form in the permit any conditions (other than those conditions specified in this part) under which the permit is to be granted, e.g. conditions with respect to shipment, storage, and destruction.</P> <P>(d) If the permit is denied, the applicant shall be furnished the reasons therefor.</P> <P>(e) The Deputy Administrator may revoke any outstanding permit issued under this section, and may deny future permit applications, if the Deputy Administrator determines that the issuee has failed to comply with any provision of the Act or this section, including conditions of any permit issued. Upon request, any permit holder will be afforded an opportunity for a hearing with respect to the merits or validity of any such revocation involving his or her permit.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0054)</APPRO> <CITA>[41 FR 49988, Nov. 12, 1976, as amended at 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 64 FR 41009, July 29, 1999]</CITA> </SECTION> </PART> <PART> <EAR>Pt. 361</EAR> <HD SOURCE="HED">PART 361—IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>361.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>361.2</SECTNO> <SUBJECT>General restrictions on the importation of seed and screenings.</SUBJECT> <SECTNO>361.3</SECTNO> <SUBJECT>Declarations and labeling.</SUBJECT> <SECTNO>361.4</SECTNO> <SUBJECT>Inspection at the port of first arrival.</SUBJECT> <SECTNO>361.5</SECTNO> <SUBJECT>Sampling of seeds.</SUBJECT> <SECTNO>361.6</SECTNO> <SUBJECT>Noxious weed seeds.</SUBJECT> <SECTNO>361.7</SECTNO> <SUBJECT>Special provisions for Canadian-origin seed and screenings.</SUBJECT> <SECTNO>361.8</SECTNO> <SUBJECT>Cleaning of imported seed and processing of certain Canadian-origin screenings.</SUBJECT> <SECTNO>361.9</SECTNO> <SUBJECT>Recordkeeping.</SUBJECT> <SECTNO>361.10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 48460, Sept. 16, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 361.1</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean:</P> <P> <E T="03">Administrator.</E> The Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other individual to whom the Administrator delegates authority to act in his or her stead.</P> <P> <E T="03">Agricultural seed.</E> The following kinds and varieties of grass, forage, and field crop seed that are used for seeding purposes in the United States: </P> <EXTRACT> <FP SOURCE="FP-1">Agrotricum—x <E T="03">Agrotriticum</E> Ciferri and Giacom.</FP> <FP SOURCE="FP-1">Alfalfa—<E T="03">Medicago sativa</E> L.</FP> <FP SOURCE="FP-1">Alfilaria—<E T="03">Erodium cicutarium</E> (L.) L’Her.</FP> <FP SOURCE="FP-1">Alyceclover—<E T="03">Alysicarpus vaginalis</E> (L.) DC.</FP> <FP SOURCE="FP-1">Bahiagrass—<E T="03">Paspalum notatum</E> Fluegge</FP> <FP SOURCE="FP-1">Barley—<E T="03">Hordeum vulgare</E> L.</FP> <FP SOURCE="FP-1">Barrelclover—<E T="03">Medicago truncatula</E> Gaertn.</FP> <FP SOURCE="FP-1">Bean, adzuki—<E T="03">Vigna angularis</E> (Willd.) Ohwi and Ohashi</FP> <FP SOURCE="FP-1">Bean, field—<E T="03">Phaseolus vulgaris</E> L.</FP> <FP SOURCE="FP-1">Bean, mung—<E T="03">Vigna radiata</E> (L.) Wilczek</FP> <FP SOURCE="FP-1">Beet, field—<E T="03">Beta vulgaris</E> L. subsp. <E T="03">vulgaris</E> </FP> <FP SOURCE="FP-1">Beet, sugar—<E T="03">Beta vulgaris</E> L. subsp. <E T="03">vulgaris</E> </FP> <FP SOURCE="FP-1">Beggarweed, Florida—<E T="03">Desmodium tortuosum</E> (Sw.) DC.</FP> <FP SOURCE="FP-1">Bentgrass, colonial—<E T="03">Agrostis capillaris</E> L.<PRTPAGE P="459"/> </FP> <FP SOURCE="FP-1">Bentgrass, creeping—<E T="03">Agrostis stolonifera</E> L. var. <E T="03">palustris</E> (Huds.) Farw.</FP> <FP SOURCE="FP-1">Bentgrass, velvet—<E T="03">Agrostis canina</E> L.</FP> <FP SOURCE="FP-1">Bermudagrass—<E T="03">Cynodon dactylon</E> (L.) Pers. var. <E T="03">dactylon</E> </FP> <FP SOURCE="FP-1">Bermudagrass, giant—<E T="03">Cynodon dactylon</E> (L.) Pers. var. <E T="03">aridus</E> Harlan and de Wet</FP> <FP SOURCE="FP-1">Bluegrass, annual—<E T="03">Poa annua</E> L.</FP> <FP SOURCE="FP-1">Bluegrass, bulbous—<E T="03">Poa bulbosa</E> L.</FP> <FP SOURCE="FP-1">Bluegrass, Canada—<E T="03">Poa compressa</E> L.</FP> <FP SOURCE="FP-1">Bluegrass, glaucantha—<E T="03">Poa glauca</E> Vahl</FP> <FP SOURCE="FP-1">Bluegrass, Kentucky—<E T="03">Poa pratensis</E> L.</FP> <FP SOURCE="FP-1">Bluegrass, Nevada—<E T="03">Poa secunda</E> J.S. Presl</FP> <FP SOURCE="FP-1">Bluegrass, rough—<E T="03">Poa trivialis</E> L.</FP> <FP SOURCE="FP-1">Bluegrass, Texas—<E T="03">Poa arachnifera</E> Torr.</FP> <FP SOURCE="FP-1">Bluegrass, wood—<E T="03">Poa nemoralis</E> L.</FP> <FP SOURCE="FP-1">Bluejoint—<E T="03">Calamagrostis canadensis</E> (Michx.) P. Beauv.</FP> <FP SOURCE="FP-1">Bluestem, big—<E T="03">Andropogon gerardii</E> Vitm. var. gerardii</FP> <FP SOURCE="FP-1">Bluestem, little—<E T="03">Schizachyrium scoparium</E> (Michx.) Nash</FP> <FP SOURCE="FP-1">Bluestem, sand—<E T="03">Andropogon hallii</E> Hack.</FP> <FP SOURCE="FP-1">Bluestem, yellow—<E T="03">Bothriochloa ischaemum</E> (L.) Keng</FP> <FP SOURCE="FP-1">Bottlebrush-squirreltail—<E T="03">Elymus elymoides</E> (Raf.) Swezey</FP> <FP SOURCE="FP-1">Brome, field—<E T="03">Bromus arvensis</E> L.</FP> <FP SOURCE="FP-1">Brome, meadow—<E T="03">Bromus biebersteinii</E> Roem. and Schult.</FP> <FP SOURCE="FP-1">Brome, mountain—<E T="03">Bromus marginatus</E> Steud.</FP> <FP SOURCE="FP-1">Brome, smooth—<E T="03">Bromus inermis</E> Leyss.</FP> <FP SOURCE="FP-1">Broomcorn—<E T="03">Sorghum bicolor</E> (L.) Moench</FP> <FP SOURCE="FP-1">Buckwheat—<E T="03">Fagopyrum esculentum</E> Moench</FP> <FP SOURCE="FP-1">Buffalograss—<E T="03">Buchloe dactyloides</E> (Nutt.) Engelm.</FP> <FP SOURCE="FP-1">Buffelgrass—<E T="03">Cenchrus ciliaris</E> L.</FP> <FP SOURCE="FP-1">Burclover, California—<E T="03">Medicago polymorpha</E> L.</FP> <FP SOURCE="FP-1">Burclover, spotted—<E T="03">Medicago arabica</E> (L.) Huds.</FP> <FP SOURCE="FP-1">Burnet, little—<E T="03">Sanguisorba minor</E> Scop.</FP> <FP SOURCE="FP-1">Buttonclover—<E T="03">Medicago orbicularis</E> (L.) Bartal.</FP> <FP SOURCE="FP-1">Canarygrass—<E T="03">Phalaris canariensis</E> L.</FP> <FP SOURCE="FP-1">Canarygrass, reed—<E T="03">Phalaris arundinacea</E> L.</FP> <FP SOURCE="FP-1">Carpetgrass—<E T="03">Axonopus fissifolius</E> (Raddi) Kuhlm.</FP> <FP SOURCE="FP-1">Castorbean—<E T="03">Ricinus communis</E> L.</FP> <FP SOURCE="FP-1">Chess, soft—<E T="03">Bromus hordeaceus</E> L.</FP> <FP SOURCE="FP-1">Chickpea—<E T="03">Cicer arietinum</E> L.</FP> <FP SOURCE="FP-1">Clover, alsike—<E T="03">Trifolium hybridum</E> L.</FP> <FP SOURCE="FP-1">Clover, arrowleaf—<E T="03">Trifolium vesiculosum</E> Savi</FP> <FP SOURCE="FP-1">Clover, berseem—<E T="03">Trifolium alexandrinum</E> L.</FP> <FP SOURCE="FP-1">Clover, cluster—<E T="03">Trifolium glomeratum</E> L.</FP> <FP SOURCE="FP-1">Clover, crimson—<E T="03">Trifolium incarnatum</E> L.</FP> <FP SOURCE="FP-1">Clover, Kenya—<E T="03">Trifolium semipilosum</E> Fresen.</FP> <FP SOURCE="FP-1">Clover, ladino—<E T="03">Trifolium repens</E> L.</FP> <FP SOURCE="FP-1">Clover, lappa—<E T="03">Trifolium lappaceum</E> L.</FP> <FP SOURCE="FP-1">Clover, large hop—<E T="03">Trifolium campestre</E> Schreb.</FP> <FP SOURCE="FP-1">Clover, Persian—<E T="03">Trifolium resupinatum</E> L.</FP> <FP SOURCE="FP-1">Clover, red or</FP> <FP SOURCE="FP1-2">Red clover, mammoth—<E T="03">Trifolium pratense</E> L.</FP> <FP SOURCE="FP1-2">Red clover, medium—<E T="03">Trifolium pratense</E> L.</FP> <FP SOURCE="FP-1">Clover, rose—<E T="03">Trifolium hirtum</E> All.</FP> <FP SOURCE="FP-1">Clover, small hop or suckling—<E T="03">Trifolium dubium</E> Sibth.</FP> <FP SOURCE="FP-1">Clover, strawberry—<E T="03">Trifolium fragiferum</E> L.</FP> <FP SOURCE="FP-1">Clover, sub or subterranean—<E T="03">Trifolium subterraneum</E> L.</FP> <FP SOURCE="FP-1">Clover, white—<E T="03">Trifolium repens</E> L. (also see Clover, ladino)</FP> <FP SOURCE="FP-1">Clover—(also see Alyceclover, Burclover, Buttonclover, Sourclover,</FP> <FP SOURCE="FP-1">Sweetclover)</FP> <FP SOURCE="FP-1">Corn, field—<E T="03">Zea mays</E> L.</FP> <FP SOURCE="FP-1">Corn, pop—<E T="03">Zea mays</E> L.</FP> <FP SOURCE="FP-1">Cotton—<E T="03">Gossypium</E> spp.</FP> <FP SOURCE="FP-1">Cowpea—<E T="03">Vigna unguiculata</E> (L.) Walp. subsp. <E T="03">unguiculata</E> </FP> <FP SOURCE="FP-1">Crambe—<E T="03">Crambe abyssinica</E> R.E. Fries</FP> <FP SOURCE="FP-1">Crested dogtail—<E T="03">Cynosurus cristatus</E> L.</FP> <FP SOURCE="FP-1">Crotalaria, lance—<E T="03">Crotalaria lanceolata</E> E. Mey.</FP> <FP SOURCE="FP-1">Crotalaria, showy—<E T="03">Crotalaria spectabilis</E> Roth</FP> <FP SOURCE="FP-1">Crotalaria, slenderleaf—<E T="03">Crotalaria brevidens</E> Benth. var. <E T="03">intermedia</E> (Kotschy) Polh.</FP> <FP SOURCE="FP-1">Crotalaria, striped or smooth—<E T="03">Crotalaria pallida</E> Ait.</FP> <FP SOURCE="FP-1">Crotalaria, sunn—<E T="03">Crotalaria juncea</E> L.</FP> <FP SOURCE="FP-1">Crownvetch—<E T="03">Coronilla varia</E> L.</FP> <FP SOURCE="FP-1">Dallisgrass—<E T="03">Paspalum dilatatum</E> Poir.</FP> <FP SOURCE="FP-1">Dichondra—<E T="03">Dichondra repens</E> Forst. and Forst. f.</FP> <FP SOURCE="FP-1">Dropseed, sand—<E T="03">Sporobolus cryptandrus</E> (Torr.) A. Gray</FP> <FP SOURCE="FP-1">Emmer—<E T="03">Triticum dicoccon</E> Schrank</FP> <FP SOURCE="FP-1">Fescue, chewings—<E T="03">Festuca rubra</E> L. subsp. <E T="03">commutata</E> Gaud.</FP> <FP SOURCE="FP-1">Fescue, hair—<E T="03">Festuca tenuifolia</E> Sibth.</FP> <FP SOURCE="FP-1">Fescue, hard—<E T="03">Festuca brevipila</E> Tracey</FP> <FP SOURCE="FP-1">Fescue, meadow—<E T="03">Festuca pratensis</E> Huds.</FP> <FP SOURCE="FP-1">Fescue, red—<E T="03">Festuca rubra</E> L. subsp. <E T="03">rubra</E> </FP> <FP SOURCE="FP-1">Fescue, sheep—<E T="03">Festuca ovina</E> L. var. <E T="03">ovina</E> </FP> <FP SOURCE="FP-1">Fescue, tall—<E T="03">Festuca arundinacea</E> Schreb.</FP> <FP SOURCE="FP-1">Flax—<E T="03">Linum usitatissimum</E> L.</FP> <FP SOURCE="FP-1">Galletagrass—<E T="03">Hilaria jamesii</E> (Torr.) Benth.</FP> <FP SOURCE="FP-1">Grama, blue—<E T="03">Bouteloua gracilis</E> (Kunth) Steud.</FP> <FP SOURCE="FP-1">Grama, side-oats—<E T="03">Bouteloua curtipendula</E> (Michx.) Torr.</FP> <FP SOURCE="FP-1">Guar—<E T="03">Cyamopsis tetragonoloba</E> (L.) Taub.</FP> <FP SOURCE="FP-1">Guineagrass—<E T="03">Panicum maximum</E> Jacq. var. <E T="03">maximum</E> </FP> <FP SOURCE="FP-1">Hardinggrass—<E T="03">Phalaris stenoptera</E> Hack.</FP> <FP SOURCE="FP-1">Hemp—<E T="03">Cannabis sativa</E> L.</FP> <FP SOURCE="FP-1">Indiangrass, yellow—<E T="03">Sorghastrum nutans</E> (L.) Nash</FP> <FP SOURCE="FP-1">Indigo, hairy—<E T="03">Indigofera hirsuta</E> L.</FP> <FP SOURCE="FP-1">Japanese lawngrass—<E T="03">Zoysia japonica</E> Steud.</FP> <FP SOURCE="FP-1">Johnsongrass—<E T="03">Sorghum halepense</E> (L.) Pers.</FP> <FP SOURCE="FP-1">Kenaf—<E T="03">Hibiscus cannabinus</E> L.</FP> <FP SOURCE="FP-1">Kochia, forage—<E T="03">Kochia prostrata</E> (L.) Schrad.</FP> <FP SOURCE="FP-1">Kudzu—<E T="03">Pueraria montana</E> (Lour.) Merr. var. <E T="03">lobata</E> (Willd.) Maesen and S. Almeida</FP> <FP SOURCE="FP-1">Lentil—<E T="03">Lens culinaris</E> Medik.</FP> <FP SOURCE="FP-1">Lespedeza, Korean—<E T="03">Kummerowia stipulacea</E> (Maxim.) Makino</FP> <FP SOURCE="FP-1">Lespedeza, sericea or Chinese—<E T="03">Lespedeza cuneata</E> (Dum.-Cours.) G. Don</FP> <FP SOURCE="FP-1">Lespedeza, Siberian—<E T="03">Lespedeza juncea</E> (L. f.) Pers.<PRTPAGE P="460"/> </FP> <FP SOURCE="FP-1">Lespedeza, striate—<E T="03">Kummerowia striata</E> (Thunb.) Schindler</FP> <FP SOURCE="FP-1">Lovegrass, sand—<E T="03">Eragrostis trichodes</E> (Nutt.) Wood</FP> <FP SOURCE="FP-1">Lovegrass, weeping—<E T="03">Eragrostis curvula</E> (Schrad.) Nees</FP> <FP SOURCE="FP-1">Lupine, blue—<E T="03">Lupinus angustifolius</E> L.</FP> <FP SOURCE="FP-1">Lupine, white—<E T="03">Lupinus albus</E> L.</FP> <FP SOURCE="FP-1">Lupine, yellow—<E T="03">Lupinus luteus</E> L.</FP> <FP SOURCE="FP-1">Manilagrass—<E T="03">Zoysia matrella</E> (L.) Merr.</FP> <FP SOURCE="FP-1">Meadow foxtail—<E T="03">Alopecurus pratensis</E> L.</FP> <FP SOURCE="FP-1">Medic, black—<E T="03">Medicago lupulina</E> L.</FP> <FP SOURCE="FP-1">Milkvetch or cicer milkvetch—<E T="03">Astragalus cicer</E> L.</FP> <FP SOURCE="FP-1">Millet, browntop—<E T="03">Brachiaria ramosa</E> (L.) Stapf</FP> <FP SOURCE="FP-1">Millet, foxtail—<E T="03">Setaria italica</E> (L.) Beauv.</FP> <FP SOURCE="FP-1">Millet, Japanese—<E T="03">Echinochloa frumentacea</E> Link</FP> <FP SOURCE="FP-1">Millet, pearl—<E T="03">Pennisetum glaucum</E> (L.) R. Br.</FP> <FP SOURCE="FP-1">Millet, proso—<E T="03">Panicum miliaceum</E> L.</FP> <FP SOURCE="FP-1">Molassesgrass—<E T="03">Melinis minutiflora</E> Beauv.</FP> <FP SOURCE="FP-1">Mustard, black—<E T="03">Brassica nigra</E> (L.) Koch</FP> <FP SOURCE="FP-1">Mustard, India—<E T="03">Brassica juncea</E> (L.) Czernj. and Coss.</FP> <FP SOURCE="FP-1">Mustard, white—<E T="03">Sinapis alba</E> L.</FP> <FP SOURCE="FP-1">Napiergrass—<E T="03">Pennisetum purpureum</E> Schumach.</FP> <FP SOURCE="FP-1">Needlegrass, green—<E T="03">Stipa viridula</E> Trin.</FP> <FP SOURCE="FP-1">Oat—<E T="03">Avena byzantina</E> C. Koch, <E T="03">A.</E> <E T="03">sativa</E> L., <E T="03">A.</E> <E T="03">nuda</E> L.</FP> <FP SOURCE="FP-1">Oatgrass, tall—<E T="03">Arrhenatherum elatius</E> (L.) J.S. Presl and K.B. Presl</FP> <FP SOURCE="FP-1">Orchardgrass—<E T="03">Dactylis glomerata</E> L.</FP> <FP SOURCE="FP-1">Panicgrass, blue—<E T="03">Panicum antidotale</E> Retz.</FP> <FP SOURCE="FP-1">Panicgrass, green—<E T="03">Panicum maximum</E> Jacq. var. <E T="03">trichoglume</E> Robyns</FP> <FP SOURCE="FP-1">Pea, field—<E T="03">Pisum sativum</E> L.</FP> <FP SOURCE="FP-1">Peanut—<E T="03">Arachis hypogaea</E> L.</FP> <FP SOURCE="FP-1">Poa trivialis—(see Bluegrass, rough)</FP> <FP SOURCE="FP-1">Rape, annual—<E T="03">Brassica napus</E> L. var. <E T="03">annua</E> Koch</FP> <FP SOURCE="FP-1">Rape, bird—<E T="03">Brassica rapa</E> L. subsp. <E T="03">rapa</E> </FP> <FP SOURCE="FP-1">Rape, turnip—<E T="03">Brassica rapa</E> L. subsp. <E T="03">silvestris</E> (Lam.) Janchen</FP> <FP SOURCE="FP-1">Rape, winter—<E T="03">Brassica napus</E> L. var. <E T="03">biennis</E> (Schubl. and Mart.) Reichb.</FP> <FP SOURCE="FP-1">Redtop—<E T="03">Agrostis gigantea</E> Roth</FP> <FP SOURCE="FP-1">Rescuegrass—<E T="03">Bromus catharticus</E> Vahl</FP> <FP SOURCE="FP-1">Rhodesgrass—<E T="03">Chloris gayana</E> Kunth</FP> <FP SOURCE="FP-1">Rice—<E T="03">Oryza sativa</E> L.</FP> <FP SOURCE="FP-1">Ricegrass, Indian—<E T="03">Oryzopsis hymenoides</E> (Roem. and Schult.) Ricker</FP> <FP SOURCE="FP-1">Roughpea—<E T="03">Lathyrus hirsutus</E> L.</FP> <FP SOURCE="FP-1">Rye—<E T="03">Secale cereale</E> L.</FP> <FP SOURCE="FP-1">Rye, mountain—<E T="03">Secale strictum</E> (K.B. Presl) K.B. Presl subsp. <E T="03">strictum</E> </FP> <FP SOURCE="FP-1">Ryegrass, annual or Italian—<E T="03">Lolium multiflorum</E> Lam.</FP> <FP SOURCE="FP-1">Ryegrass, intermediate—<E T="03">Lolium</E> x <E T="03">hybridum</E> Hausskn.</FP> <FP SOURCE="FP-1">Ryegrass, perennial—<E T="03">Lolium perenne</E> L.</FP> <FP SOURCE="FP-1">Ryegrass, Wimmera—<E T="03">Lolium rigidum</E> Gaud.</FP> <FP SOURCE="FP-1">Safflower—<E T="03">Carthamus tinctorius</E> L.</FP> <FP SOURCE="FP-1">Sagewort, Louisiana—<E T="03">Artemisia ludoviciana</E> Nutt.</FP> <FP SOURCE="FP-1">Sainfoin—<E T="03">Onobrychis viciifolia</E> Scop.</FP> <FP SOURCE="FP-1">Saltbush, fourwing—<E T="03">Atriplex canescens</E> (Pursh) Nutt.</FP> <FP SOURCE="FP-1">Sesame—<E T="03">Sesamum indicum</E> L.</FP> <FP SOURCE="FP-1">Sesbania—<E T="03">Sesbania exaltata</E> (Raf.) A.W. Hill</FP> <FP SOURCE="FP-1">Smilo—<E T="03">Piptatherum miliaceum</E> (L.) Coss.</FP> <FP SOURCE="FP-1">Sorghum—<E T="03">Sorghum bicolor</E> (L.) Moench</FP> <FP SOURCE="FP-1">Sorghum almum—<E T="03">Sorghum</E> x <E T="03">almum</E> L. Parodi</FP> <FP SOURCE="FP-1">Sorghum-sudangrass—<E T="03">Sorghum</E> x <E T="03">drummondii</E> (Steud.) Millsp. and Chase</FP> <FP SOURCE="FP-1">Sorgrass—<E T="03">Rhizomatous</E> derivatives of a johnsongrass x sorghum cross or a johnsongrass x sudangrass cross Southernpea—(See Cowpea)</FP> <FP SOURCE="FP-1">Sourclover—<E T="03">Melilotus indicus</E> (L.) All.</FP> <FP SOURCE="FP-1">Soybean—<E T="03">Glycine max</E> (L.) Merr.</FP> <FP SOURCE="FP-1">Spelt—<E T="03">Triticum spelta</E> L.</FP> <FP SOURCE="FP-1">Sudangrass—<E T="03">Sorghum</E> x <E T="03">drummondii</E> (Steud.) Millsp. and Chase</FP> <FP SOURCE="FP-1">Sunflower—<E T="03">Helianthus annuus</E> L.</FP> <FP SOURCE="FP-1">Sweetclover, white—<E T="03">Melilotus albus</E> Medik.</FP> <FP SOURCE="FP-1">Sweetclover, yellow—<E T="03">Melilotus officinalis</E> Lam.</FP> <FP SOURCE="FP-1">Sweet vernalgrass—<E T="03">Anthoxanthum odoratum</E> L.</FP> <FP SOURCE="FP-1">Sweetvetch, northern—<E T="03">Hedysarum boreale</E> Nutt.</FP> <FP SOURCE="FP-1">Switchgrass—<E T="03">Panicum virgatum</E> L.</FP> <FP SOURCE="FP-1">Timothy—<E T="03">Phleum pratense</E> L.</FP> <FP SOURCE="FP-1">Timothy, turf—<E T="03">Phleum bertolonii</E> DC.</FP> <FP SOURCE="FP-1">Tobacco—<E T="03">Nicotiana tabacum</E> L.</FP> <FP SOURCE="FP-1">Trefoil, big—<E T="03">Lotus uliginosus</E> Schk.</FP> <FP SOURCE="FP-1">Trefoil, birdsfoot—<E T="03">Lotus corniculatus</E> L.</FP> <FP SOURCE="FP-1">Triticale—x <E T="03">Triticosecale</E> Wittm. (Secale x Triticum)</FP> <FP SOURCE="FP-1">Vaseygrass—<E T="03">Paspalum urvillei</E> Steud.</FP> <FP SOURCE="FP-1">Veldtgrass—<E T="03">Ehrharta calycina</E> J.E. Smith</FP> <FP SOURCE="FP-1">Velvetbean—<E T="03">Mucuna pruriens</E> (L.) DC. var. <E T="03">utilis</E> (Wight) Burck</FP> <FP SOURCE="FP-1">Velvetgrass—<E T="03">Holcus lanatus</E> L.</FP> <FP SOURCE="FP-1">Vetch, common—<E T="03">Vicia sativa</E> L. subsp. <E T="03">sativa</E> </FP> <FP SOURCE="FP-1">Vetch, hairy—<E T="03">Vicia villosa</E> Roth subsp. <E T="03">villosa</E> </FP> <FP SOURCE="FP-1">Vetch, Hungarian—<E T="03">Vicia pannonica</E> Crantz</FP> <FP SOURCE="FP-1">Vetch, monantha—<E T="03">Vicia articulata</E> Hornem.</FP> <FP SOURCE="FP-1">Vetch, narrowleaf or blackpod—<E T="03">Vicia sativa</E> L. subsp. <E T="03">nigra</E> (L.) Ehrh.</FP> <FP SOURCE="FP-1">Vetch, purple—<E T="03">Vicia benghalensis</E> L.</FP> <FP SOURCE="FP-1">Vetch, woollypod or winter—<E T="03">Vicia villosa</E> Roth subsp. <E T="03">varia</E> (Host) Corb.</FP> <FP SOURCE="FP-1">Wheat, common—<E T="03">Triticum aestivum</E> L.</FP> <FP SOURCE="FP-1">Wheat, club—<E T="03">Triticum compactum</E> Host</FP> <FP SOURCE="FP-1">Wheat, durum—<E T="03">Triticum durum</E> Desf.</FP> <FP SOURCE="FP-1">Wheat, Polish—<E T="03">Triticum polonicum</E> L.</FP> <FP SOURCE="FP-1">Wheat, poulard—<E T="03">Triticum turgidum</E> L.</FP> <FP SOURCE="FP-1">Wheat x Agrotricum—<E T="03">Triticum</E> x <E T="03">Agrotriticum</E> </FP> <FP SOURCE="FP-1">Wheatgrass, beardless—<E T="03">Pseudoroegneria spicata</E> (Pursh) A. Love</FP> <FP SOURCE="FP-1">Wheatgrass, crested or fairway crested—<E T="03">Agropyron cristatum</E> (L.) Gaertn.</FP> <FP SOURCE="FP-1">Wheatgrass, crested or standard crested—<E T="03">Agropyron desertorum</E> (Link) Schult.</FP> <FP SOURCE="FP-1">Wheatgrass, intermediate—<E T="03">Elytrigia intermedia</E> (Host) Nevski subsp. <E T="03">intermedia</E> </FP> <FP SOURCE="FP-1">Wheatgrass, pubescent—<E T="03">Elytrigia intermedia</E> (Host) Nevski subsp. <E T="03">intermedia</E> <PRTPAGE P="461"/> </FP> <FP SOURCE="FP-1">Wheatgrass, Siberian—<E T="03">Agropyron fragile</E> (Roth) Candargy subsp. <E T="03">sibiricum</E> (Willd.) Meld.</FP> <FP SOURCE="FP-1">Wheatgrass, slender—<E T="03">Elymus trachycaulus</E> (Link) Shinn.</FP> <FP SOURCE="FP-1">Wheatgrass, streambank—<E T="03">Elymus lanceolatus</E> (Scribn. and J.G. Smith) Gould subsp. <E T="03">lanceolatus</E> </FP> <FP SOURCE="FP-1">Wheatgrass, tall—<E T="03">Elytrigia elongata</E> (Host) Nevski</FP> <FP SOURCE="FP-1">Wheatgrass, western—<E T="03">Pascopyrum smithii</E> (Rydb.) A. Love</FP> <FP SOURCE="FP-1">Wildrye, basin—<E T="03">Leymus cinereus</E> (Scribn. and Merr.) A. Love</FP> <FP SOURCE="FP-1">Wildrye, Canada—<E T="03">Elymus canadensis</E> L.</FP> <FP SOURCE="FP-1">Wildrye, Russian—<E T="03">Psathyrostachys juncea</E> (Fisch.) Nevski</FP> <FP SOURCE="FP-1">Zoysia japonica—(see Japanese lawngrass)</FP> <FP SOURCE="FP-1">Zoysia matrella—(see Manilagrass)</FP> </EXTRACT> <P> <E T="03">Animal and Plant Health Inspection Service</E> (<E T="03">APHIS</E>). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture.</P> <P> <E T="03">APHIS inspector.</E> Any employee of the Animal and Plant Health Inspection Service or any other individual authorized by the Administrator to enforce this part.</P> <P> <E T="03">Coated Seed.</E> Any seed unit covered with any substance that changes the size, shape, or weight of the original seed. Seeds coated with ingredients such as, but not limited to, rhizobia, dyes, and pesticides are excluded.</P> <P> <E T="03">Declaration.</E> A written statement of a grower, shipper, processor, dealer, or importer giving for any lot of seed the kind, variety, type, origin, or the use for which the seed is intended.</P> <P> <E T="03">Hybrid.</E> When applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining two or more inbred lines; one inbred or a single cross with an open-pollinated variety; or two selected clones, seed lines, varieties, or species. “Controlling the pollination” means to use a method of hybridization that will produce pure seed that is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names.</P> <P> <E T="03">Import/importation.</E> To bring into the territorial limits of the United States.</P> <P> <E T="03">Kind.</E> One or more related species or subspecies that singly or collectively is known by one common name, e.g., soybean, flax, or carrot.</P> <P> <E T="03">Lot of seed.</E> A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors that appear in the labeling.</P> <P> <E T="03">Mixture.</E> Seeds consisting of more than one kind or variety, each present in excess of 5 percent of the whole.</P> <P> <E T="03">Official seed laboratory.</E> An official laboratory member of the Association of Official Seed Analysts.</P> <P> <E T="03">Pelleted seed.</E> Any seed unit covered with a substance that changes the size, shape, or weight of the original seed in order to improve the plantability or singulation of the seed.</P> <P> <E T="03">Person.</E> Any individual, partnership, corporation, company, society, association, receiver, trustee, or other legal entity or organized group.</P> <P> <E T="03">Port of first arrival.</E> The land area (such as a seaport, airport, or land border station) where a person, or a land, water, or air vehicle, first arrives after entering the territorial limits of the United States, and where inspection of articles is carried out by APHIS inspectors.</P> <P> <E T="03">Registered seed technologist.</E> A registered member of the Society of Commercial Seed Technologists.</P> <P> <E T="03">Screenings.</E> Chaff, sterile florets, immature seed, weed seed, inert matter, and any other materials removed in any way from any seeds in any kind of cleaning or processing and which contains less than 25 percent of live agricultural or vegetable seeds.</P> <P> <E T="03">State.</E> Any State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States.</P> <P> <E T="03">United States.</E> All of the States.</P> <P> <E T="03">Variety.</E> A subdivision of a kind which is characterized by growth, plant, fruit, seed, or other characteristics by which it can be differentiated from other sorts of the same kind.</P> <P> <E T="03">Vegetable seed.</E> The seed of the following kinds and varieties that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seed: </P> <EXTRACT> <FP SOURCE="FP-1">Artichoke—<E T="03">Cynara cardunculus</E> L. subsp. <E T="03">cardunculus</E> </FP> <FP SOURCE="FP-1">Asparagus—<E T="03">Asparagus officinalis</E> Baker</FP> <FP SOURCE="FP-1">Asparagusbean or yard-long bean—<E T="03">Vigna unguiculata</E> (L.) Walp. subsp. <E T="03">sesquipedalis</E> (L.) Verdc.</FP> <FP SOURCE="FP-1">Bean, garden—<E T="03">Phaseolus vulgaris</E> L.<PRTPAGE P="462"/> </FP> <FP SOURCE="FP-1">Bean, lima—<E T="03">Phaseolus lunatus</E> L.</FP> <FP SOURCE="FP-1">Bean, runner or scarlet runner—<E T="03">Phaseolus coccineus</E> L.</FP> <FP SOURCE="FP-1">Beet—<E T="03">Beta vulgaris</E> L. subsp. <E T="03">vulgaris</E> </FP> <FP SOURCE="FP-1">Broadbean—<E T="03">Vicia faba</E> L.</FP> <FP SOURCE="FP-1">Broccoli—<E T="03">Brassica oleracea</E> L. var. <E T="03">botrytis</E> L.</FP> <FP SOURCE="FP-1">Brussels sprouts—<E T="03">Brassica oleracea</E> L. var. <E T="03">gemmifera</E> DC.</FP> <FP SOURCE="FP-1">Burdock, great—<E T="03">Arctium lappa</E> L.</FP> <FP SOURCE="FP-1">Cabbage—<E T="03">Brassica oleracea</E> L. var. <E T="03">capitata</E> L.</FP> <FP SOURCE="FP-1">Cabbage, Chinese—<E T="03">Brassica rapa</E> L. subsp. <E T="03">pekinensis</E> (Lour.) Hanelt</FP> <FP SOURCE="FP-1">Cabbage, tronchuda—<E T="03">Brassica oleracea</E> L. var. <E T="03">costata</E> DC.</FP> <FP SOURCE="FP-1">Cantaloupe—(see Melon)</FP> <FP SOURCE="FP-1">Cardoon—<E T="03">Cynara cardunculus</E> L. subsp. <E T="03">cardunculus</E> </FP> <FP SOURCE="FP-1">Carrot—<E T="03">Daucus carota</E> L. subsp. <E T="03">sativus</E> (Hoffm.) Arcang.</FP> <FP SOURCE="FP-1">Cauliflower—<E T="03">Brassica oleracea</E> L. var. <E T="03">botrytis</E> L.</FP> <FP SOURCE="FP-1">Celeriac—<E T="03">Apium graveolens</E> L. var. <E T="03">rapaceum</E> (Mill.) Gaud.</FP> <FP SOURCE="FP-1">Celery—<E T="03">Apium graveolens</E> L. var. <E T="03">dulce</E> (Mill.) Pers.</FP> <FP SOURCE="FP-1">Chard, Swiss—<E T="03">Beta vulgaris</E> L. subsp. <E T="03">cicla</E> (L.) Koch</FP> <FP SOURCE="FP-1">Chicory—<E T="03">Cichorium intybus</E> L.</FP> <FP SOURCE="FP-1">Chives—<E T="03">Allium schoenoprasum</E> L.</FP> <FP SOURCE="FP-1">Citron—<E T="03">Citrullus lanatus</E> (Thunb.) Matsum. and Nakai var. <E T="03">citroides</E> (Bailey) Mansf.</FP> <FP SOURCE="FP-1">Collards—<E T="03">Brassica oleracea</E> L. var. <E T="03">acephala</E> DC.</FP> <FP SOURCE="FP-1">Corn, sweet—<E T="03">Zea mays</E> L.</FP> <FP SOURCE="FP-1">Cornsalad—<E T="03">Valerianella locusta</E> (L.) Laterrade</FP> <FP SOURCE="FP-1">Cowpea—<E T="03">Vigna unguiculata</E> (L.) Walp. subsp. <E T="03">unguiculata</E> </FP> <FP SOURCE="FP-1">Cress, garden—<E T="03">Lepidium sativum</E> L.</FP> <FP SOURCE="FP-1">Cress, upland—<E T="03">Barbarea verna</E> (Mill.) Asch.</FP> <FP SOURCE="FP-1">Cress, water—<E T="03">Rorippa nasturtium-aquaticum</E> (L.) Hayek</FP> <FP SOURCE="FP-1">Cucumber—<E T="03">Cucumis sativus</E> L.</FP> <FP SOURCE="FP-1">Dandelion—<E T="03">Taraxacum officinale</E> Wigg.</FP> <FP SOURCE="FP-1">Dill—<E T="03">Anethum graveolens</E> L.</FP> <FP SOURCE="FP-1">Eggplant—<E T="03">Solanum melongena</E> L.</FP> <FP SOURCE="FP-1">Endive—<E T="03">Cichorium endivia</E> L.</FP> <FP SOURCE="FP-1">Gherkin, West India—<E T="03">Cucumis anguria</E> L.</FP> <FP SOURCE="FP-1">Kale—<E T="03">Brassica oleracea</E> L. var. <E T="03">acephala</E> DC.</FP> <FP SOURCE="FP-1">Kale, Chinese—<E T="03">Brassica oleracea</E> L. var. <E T="03">alboglabra</E> (Bailey) Musil</FP> <FP SOURCE="FP-1">Kale, Siberian—<E T="03">Brassica napus</E> L. var. <E T="03">pabularia</E> (DC.) Reichb.</FP> <FP SOURCE="FP-1">Kohlrabi—<E T="03">Brassica oleracea</E> L. var. <E T="03">gongylodes</E> L.</FP> <FP SOURCE="FP-1">Leek—<E T="03">Allium porrum</E> L.</FP> <FP SOURCE="FP-1">Lettuce—<E T="03">Lactuca sativa</E> L.</FP> <FP SOURCE="FP-1">Melon—<E T="03">Cucumis melo</E> L.</FP> <FP SOURCE="FP-1">Muskmelon—(see Melon).</FP> <FP SOURCE="FP-1">Mustard, India—<E T="03">Brassica juncea</E> (L.) Czernj. and Coss.</FP> <FP SOURCE="FP-1">Mustard, spinach—<E T="03">Brassica perviridis</E> (Bailey) Bailey</FP> <FP SOURCE="FP-1">Okra—<E T="03">Abelmoschus esculentus</E> (L.) Moench</FP> <FP SOURCE="FP-1">Onion—<E T="03">Allium cepa</E> L.</FP> <FP SOURCE="FP-1">Onion, Welsh—<E T="03">Allium fistulosum</E> L.</FP> <FP SOURCE="FP-1">Pak-choi—<E T="03">Brassica rapa</E> L. subsp. <E T="03">chinensis</E> (L.) Hanelt</FP> <FP SOURCE="FP-1">Parsley—<E T="03">Petroselinum crispum</E> (Mill.) A.W. Hill</FP> <FP SOURCE="FP-1">Parsnip—<E T="03">Pastinaca sativa</E> L.</FP> <FP SOURCE="FP-1">Pea—<E T="03">Pisum sativum</E> L.</FP> <FP SOURCE="FP-1">Pepper—<E T="03">Capsicum</E> spp.</FP> <FP SOURCE="FP-1">Pe-tsai—(see Chinese cabbage).</FP> <FP SOURCE="FP-1">Pumpkin—<E T="03">Cucurbita pepo</E> L., C. <E T="03">moschata</E> (Duchesne) Poiret, and C. <E T="03">maxima</E> Duchesne</FP> <FP SOURCE="FP-1">Radish—<E T="03">Raphanus sativus</E> L.</FP> <FP SOURCE="FP-1">Rhubarb—<E T="03">Rheum rhabarbarum</E> L.</FP> <FP SOURCE="FP-1">Rutabaga—<E T="03">Brassica napus</E> L. var. <E T="03">napobrassica</E> (L.) Reichb.</FP> <FP SOURCE="FP-1">Sage—<E T="03">Salvia officinalis</E> L.</FP> <FP SOURCE="FP-1">Salsify—<E T="03">Tragopogon porrifolius</E> L.</FP> <FP SOURCE="FP-1">Savory, summer—<E T="03">Satureja hortensis</E> L.</FP> <FP SOURCE="FP-1">Sorrel—<E T="03">Rumex acetosa</E> L.</FP> <FP SOURCE="FP-1">Southernpea—(see Cowpea).</FP> <FP SOURCE="FP-1">Soybean—<E T="03">Glycine max</E> (L.) Merr.</FP> <FP SOURCE="FP-1">Spinach—<E T="03">Spinacia oleracea</E> L.</FP> <FP SOURCE="FP-1">Spinach, New Zealand—<E T="03">Tetragonia tetragonioides</E> (Pall.) Ktze.</FP> <FP SOURCE="FP-1">Squash—<E T="03">Cucurbita pepo</E> L., C. <E T="03">moschata</E> (Duchesne) Poiret, and <E T="03">C. maxima</E> Duchesne</FP> <FP SOURCE="FP-1">Tomato—<E T="03">Lycopersicon esculentum</E> Mill.</FP> <FP SOURCE="FP-1">Tomato, husk—<E T="03">Physalis pubescens</E> L.</FP> <FP SOURCE="FP-1">Turnip—<E T="03">Brassica rapa</E> L. subsp. <E T="03">rapa</E> </FP> <FP SOURCE="FP-1">Watermelon—<E T="03">Citrullus lanatus</E> (Thunb.) Matsum. and Nakai var. <E T="03">lanatus</E> </FP> </EXTRACT> </SECTION> <SECTION> <SECTNO>§ 361.2</SECTNO> <SUBJECT>General restrictions on the importation of seed and screenings.</SUBJECT> <P>(a) No person shall import any agricultural seed, vegetable seed, or screenings into the United States unless the importation is in compliance with this part.</P> <P>(b) Any agricultural seed, vegetable seed, or screenings imported into the United States not in compliance with this part shall be subject to exportation, destruction, disposal, or any remedial measures that the Administrator determines are necessary to prevent the dissemination into the United States of noxious weeds.</P> <P>(c) Except as provided in § 361.7(b), coated or pelleted seed may enter the United States only if each lot of seed is accompanied by an officially drawn and sealed sample of seed drawn from the lot before the seed was coated or pelleted. The sample must be drawn in a manner consistent with that described in § 361.5 of this part.</P> <P>(d) Except as provided in §§ 361.4(a)(3) and 361.7(c), screenings of all agricultural seed and vegetable seed are prohibited entry into the United States.</P> </SECTION> <SECTION> <SECTNO>§ 361.3</SECTNO> <SUBJECT>Declarations and labeling.</SUBJECT> <P>(a) All lots of agricultural seed, vegetable seed, and screenings imported <PRTPAGE P="463"/>into the United States must be accompanied by a declaration from the importer of the seed or screenings. The declaration must state the kind, variety, and origin of each lot of seed or screenings and the use for which the seed or screenings are being imported.</P> <P>(b) Each container of agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes must be labeled to indicate the identification code or designation for the lot of seed; the name of each kind or kind and variety of agricultural seed or the name of each kind and variety of vegetable seed present in the lot in excess of 5 percent of the whole; and the designation “hybrid” when the lot contains hybrid seed. Kind and variety names used on the label shall conform to the kind and variety names used in the definitions of “agricultural seed” and “vegetable seed” in § 361.1. If any seed in the lot has been treated, each container must be further labeled, in type no smaller than 8 point, as follows:</P> <P>(1) The label must indicate that the seed has been treated and provide the name of the substance or process used to treat the seed. Substance names used on the label shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name.</P> <P>(i) Commonly accepted coined names are commonly recognized as names of particular substances, e.g., thiram, captan, lindane, and dichlone.</P> <P>(ii) Examples of commonly accepted chemical (generic) names are blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, and ethyl mercury acetate. The terms “mercury” or “mercurial” may be used in labeling all types of mercurials.</P> <P>(iii) Examples of commonly accepted abbreviated chemical names are BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl trichloroethane).</P> <P>(2) If the seed has been treated with a mercurial or similarly toxic substance harmful to humans and vertebrate animals, the label must include a representation of a skull and crossbones and a statement indicating that the seed has been treated with poison. The skull and crossbones must be at least twice the size of the type used for the information provided on the label, and the poison warning statement must be written in red letters on a background of distinctly contrasting color. Mercurials and similarly toxic substances include the following: </P> <EXTRACT> <FP SOURCE="FP-1">Aldrin, technical</FP> <FP SOURCE="FP-1">Demeton</FP> <FP SOURCE="FP-1">Dieldrin</FP> <FP SOURCE="FP-1">p-Dimethylaminobenzenediazo sodium sulfonate</FP> <FP SOURCE="FP-1">Endrin</FP> <FP SOURCE="FP-1">Ethion</FP> <FP SOURCE="FP-1">Heptachlor</FP> <FP SOURCE="FP-1">Mercurials, all types</FP> <FP SOURCE="FP-1">Parathion</FP> <FP SOURCE="FP-1">Phorate</FP> <FP SOURCE="FP-1">Toxaphene</FP> <FP SOURCE="FP-1">O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate</FP> <FP SOURCE="FP-1">O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate</FP> </EXTRACT> <P>(3) If the seed has been treated with a substance other than one classified as a mercurial or similarly toxic substance under paragraph (b)(2) of this section, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the label must indicate that the seed is not to be used for food, feed, or oil purposes. Any amount of any substance used to treat the seed that remains with the seed will be considered harmful when the seed is in containers of more than 4 ounces, except that the following substances will not be deemed harmful when present at a rate less than the number of parts per million (p/m) indicated: </P> <EXTRACT> <FP SOURCE="FP-1">Allethrin—2 p/m</FP> <FP SOURCE="FP-1">Malathion—8 p/m</FP> <FP SOURCE="FP-1">Methoxyclor—2 p/m</FP> <FP SOURCE="FP-1">Piperonyl butoxide—20 p/m (8 p/m on oat and sorghum)</FP> <FP SOURCE="FP-1">Pyrethrins—3 p/m (1 p/m on oat and sorghum)</FP> </EXTRACT> <P>(c) In the case of seed in bulk, the information required under paragraph (b) of this section shall appear in the invoice or other records accompanying and pertaining to such seed. If the seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots included, the information required on each container under paragraph (b) of this section need not <PRTPAGE P="464"/>be shown on each container if each container has stenciled upon it or bears a label containing a lot designation and the invoice or other records accompanying and pertaining to such seed bear the various statements required for the respective seeds.</P> <P>(d) Each container of agricultural seed and vegetable seed imported into the United States for cleaning need not be labeled to show the information required under paragraph (b) of this section if:</P> <P>(1) The seed is in bulk;</P> <P>(2) The seed is in containers and in quantities of 20,000 pounds or more, regardless of the number of lots involved, and the invoice or other records accompanying and pertaining to the seed show that the seed is for cleaning; or</P> <P>(3) The seed is in containers and in quantities of less than 20,000 pounds, and each container carries a label that bears the words “Seed for cleaning.”</P> </SECTION> <SECTION> <SECTNO>§ 361.4</SECTNO> <SUBJECT>Inspection at the port of first arrival.</SUBJECT> <P>(a) All agricultural seed, vegetable seed, and screenings imported into the United States shall be made available for examination by an APHIS inspector at the port of first arrival and shall remain at the port of first arrival until released by an APHIS inspector. Lots of agricultural seed, vegetable seed, or screenings may enter the United States without meeting the sampling requirements of paragraph (b) of this section if the lot is:</P> <P>(1) Seed that is not being imported for seeding (planting) purposes and the declaration required by § 361.3(a) states the purpose for which the seed is being imported;</P> <P>(2) Seed that is being shipped in bond through the United States;</P> <P>(3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field beans that are not being imported for seeding (planting) purposes and the declaration accompanying the screenings as required under § 361.2(a) indicates that the screenings are being imported for processing or manufacturing purposes;</P> <P>(4) Seed that is being imported for sowing for experimental or breeding purposes, is not for sale, is limited in quantity to the amount indicated in column 3 of table 1 of § 361.5, and is accompanied by a declaration stating the purpose for which it is being imported (seed imported for increase purposes only will not be considered as being imported for experimental or breeding purposes); or</P> <P>(5) Seed that was grown in the United States, exported, and is now returning to the United States, provided that the person importing the seed into the United States furnishes APHIS with the following documentation:</P> <P>(i) Export documents indicating the quantity of seed and number of containers, the date of exportation from the United States, the distinguishing marks on the containers at the time of exportation, and the name and address of the United States exporter;</P> <P>(ii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not admitted into the commerce of that country; and</P> <P>(iii) A document issued by a Customs or other government official of the country to which the seed was exported indicating that the seed was not commingled with other seed after being exported to that country.</P> <P>(b) Except as provided in §§ 361.5(a)(2) and 361.7, samples will be taken from all agricultural seed and vegetable seed imported into the United States for seeding (planting) purposes prior to being released into the commerce of the United States.</P> <P>(1) Samples of seed will be taken from each lot of seed in accordance with § 361.5 to determine whether any seeds of noxious weeds listed in § 361.6(a) are present. If seeds of noxious weeds are present at a level higher than the tolerances set forth in § 361.6(b), the lot of seed will be deemed to be adulterated and will be rejected for entry into the United States for seeding (planting) purposes. Once deemed adulterated, the lot of seed must be:</P> <P>(i) Exported from the United States;</P> <P>(ii) Destroyed under the monitoring of an APHIS inspector;</P> <P>(iii) Cleaned under APHIS monitoring at a seed-cleaning facility that <PRTPAGE P="465"/>is operated in accordance with § 361.8(a); or</P> <P>(iv) If the lot of seed is adulterated with the seeds of a noxious weed listed in § 361.6(a)(2), the seed may be allowed entry into the United States for feeding or manufacturing purposes, provided the importer withdraws the original declaration and files a new declaration stating that the seed is being imported for feeding or manufacturing purposes and that no part of the seed will be used for seeding (planting) purposes.</P> <P>(2) Seed deemed adulterated may not be mixed with any other seed unless the Administrator determines that two or more lots of seed deemed adulterated are of substantially the same quality and origin. In such cases, the Administrator may allow the adulterated lots of seed to be mixed for cleaning as provided in paragraph (b)(1)(iii) of this section.</P> <P>(3) If the labeling of a lot of seed is false or misleading in any respect, the seed will be rejected for entry into the United States. A falsely labeled lot of seed must be:</P> <P>(i) Exported from the United States;</P> <P>(ii) Destroyed under the monitoring of an APHIS inspector; or</P> <P>(iii) The seed may be allowed entry into the United States if the labeling is corrected under the monitoring of an APHIS inspector to accurately reflect the character of the lot of seed.</P> </SECTION> <SECTION> <SECTNO>§ 361.5</SECTNO> <SUBJECT>Sampling of seeds.</SUBJECT> <P>(a) <E T="03">Sample sizes.</E> As provided in § 361.4(b), samples of seed will be taken from each lot of seed being imported for seeding (planting) purposes to determine whether any seeds of noxious weeds listed in § 361.6(a) are present. The samples shall be drawn in the manner described in paragraphs (b) and (c) of this section. Unused portions of samples of rare or expensive seeds will be returned by APHIS upon request of the importer.</P> <P>(1) A minimum sample of not less than 1 quart shall be drawn from each lot of agricultural seed; a minimum sample of not less than 1 pint shall be drawn from each lot of vegetable seed, except that a sample of <FR>1/4</FR> pint will be sufficient for a vegetable seed importation of 5 pounds or less. The minimum sample shall be divided repeatedly until a working sample of proper weight has been obtained. If a mechanical divider cannot be used or is not available, the sample shall be thoroughly mixed, then placed in a pile; the pile shall be divided repeatedly into halves until a working sample of the proper weight remains. The weights of the working samples for noxious weed examination for each lot of seed are shown in column 1 of table 1 of this section. If the lot of seed is a mixture, the following methods shall be used to determine the weight of the working sample:</P> <P>(i) If the lot of seed is a mixture consisting of one predominant kind of seed or a group of kinds of similar size, the weight of the working sample shall be the weight shown in column 1 of table 1 of this section for the kind or group of kinds that comprises more than 50 percent of the sample.</P> <P>(ii) If the lot of seed is a mixture consisting of two or more kinds or groups of kinds of different sizes, none of which comprises over 50 percent of the sample, the weight of the working sample shall be the weighted average (to the nearest half gram) of the weight shown in column 1 of table 1 of this section for each of the kinds that comprise the sample, as determined by the following method:</P> <P>(A) Multiply the percentage of each component of the mixture (rounded off to the nearest whole number) by the sample sizes shown in column 1 of table 1 of this section;</P> <P>(B) Add all these products;</P> <P>(C) Total the percentages of all components of the mixtures; and</P> <P>(D) Divide the sum in paragraph (a)(1)(ii)(B) of this section by the total in paragraph (a)(1)(ii)(C) of this section.</P> <P>(2) It is not ordinarily practical to sample and test small lots of seed offered for entry. The maximum sizes of lots of each kind of seed not ordinarily sampled are shown in column 2 of table 1 of this section.</P> <P>(3) The maximum sizes of lots of each kind of seed allowed entry without sampling for sowing for experimental or breeding purposes as provided in § 361.4(a)(4) are shown in column 3 of table 1 of this section.<PRTPAGE P="466"/> </P> <GPOTABLE CDEF="s125,15,15,15" COLS="4" OPTS="L2(,0,),i1"> <TTITLE>Table 1</TTITLE> <BOXHD> <CHED H="1">Name of seed</CHED> <CHED H="1">Working weight for noxious weed examination<LI>(grams)</LI> </CHED> <CHED H="1">Maximum weight of seed lot not ordinarily sampled<LI>(pounds)</LI> </CHED> <CHED H="1">Maximum weight of seed lot permitted entry for experimental or breeding purposes without sampling<LI>(pounds)</LI> </CHED> </BOXHD> <ROW RUL="s"> <ENT I="25"/> <ENT>(1)</ENT> <ENT>(2)</ENT> <ENT>(3)</ENT> </ROW> <ROW> <ENT I="22">VEGETABLE SEED:</ENT> </ROW> <ROW> <ENT I="03">Artichoke</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Asparagus</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Asparagusbean</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Bean</ENT> <ENT O="xl"/> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="05">Garden</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="05">Lima</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="05">Runner</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Beet</ENT> <ENT>300</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Broadbean</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Broccoli</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Brussels sprouts</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Burdock, great</ENT> <ENT>150</ENT> <ENT>10</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Cabbage</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cabbage, Chinese</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cabbage, tronchuda</ENT> <ENT>100</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cantaloupe (see Melon)</ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Cardoon</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Carrot</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cauliflower</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Celeriac</ENT> <ENT>25</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Celery</ENT> <ENT>25</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Chard, Swiss</ENT> <ENT>300</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Chicory</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Chives</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Citron</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Collards</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Corn, sweet</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Cornsalad</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cowpea</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Cress, garden</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cress, upland</ENT> <ENT>35</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cress, water</ENT> <ENT>25</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Cucumber</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Dandelion</ENT> <ENT>35</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Dill</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Eggplant</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Endive</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Gherkin, West India</ENT> <ENT>160</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Kale</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Kale, Chinese</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Kale, Siberian</ENT> <ENT>80</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Kohlrabi</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Leek</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Lettuce</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Melon</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Mustard, India</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Mustard, spinach</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Okra</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Onion</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Onion, Welsh</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Pak-choi</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Parsley</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Parsnip</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Pea</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Pepper</ENT> <ENT>150</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03"/> </ROW> <ROW> <ENT I="03">Pumpkin</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Radish</ENT> <ENT>300</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Rhubarb</ENT> <ENT>300</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Rutabaga</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Sage</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Salsify</ENT> <ENT>300</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Savory, summer</ENT> <ENT>35</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Sorrel</ENT> <ENT>35</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <PRTPAGE P="467"/> <ENT I="03">Soybean</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="03">Spinach</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Spinach, New Zealand</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Squash</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="03">Tomato</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Tomato, husk</ENT> <ENT>35</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Turnip</ENT> <ENT>50</ENT> <ENT>5</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="03">Watermelon</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="22">AGRICULTURAL SEED:</ENT> </ROW> <ROW> <ENT I="03">Agrotricum</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Alfalfa</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Alfilaria</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Alyceclover</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bahiagrass</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Barrelclover</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Barley</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Bean, adzuki</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Bean, field</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Bean, mung</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Bean (see Velvetbean)</ENT> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="03">Beet, field</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Beet, sugar</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="03">Beggarweed</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bentgrass, colonial</ENT> <ENT>2.5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bentgrass, creeping</ENT> <ENT>2.5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bentgrass, velvet</ENT> <ENT>2.5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bermudagrass</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bermudagrass, giant</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, annual</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, bulbous</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, Canada</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, glaucantha</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, Kentucky</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, Nevada</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, rough</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, Texas</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluegrass, wood</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluejoint</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluestem, big</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluestem, little</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluestem, sand</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bluestem, yellow</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Bottlebrush-squirreltail</ENT> <ENT>90</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Brome, field</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Brome, meadow</ENT> <ENT>130</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Brome, mountain</ENT> <ENT>200</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Brome, smooth</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Broomcorn</ENT> <ENT>400</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Buckwheat</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="13">Buffalograss:</ENT> </ROW> <ROW> <ENT I="05">(Burs)</ENT> <ENT>200</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="05">(Caryopses)</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Buffelgrass:</ENT> </ROW> <ROW> <ENT I="05">(Fascicles)</ENT> <ENT>66</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="05">(Caryopses)</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Burclover, California:</ENT> </ROW> <ROW> <ENT I="05">(In bur)</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="05">(Out of bur)</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Burclover, spotted:</ENT> </ROW> <ROW> <ENT I="05">(In bur)</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="05">(Out of bur)</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Burnet, little</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Buttonclover</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Canarygrass</ENT> <ENT>200</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Canarygrass, reed</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <PRTPAGE P="468"/> <ENT I="03">Carpetgrass</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Castorbean</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Chess, soft</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Chickpea</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Clover, alsike</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, arrowleaf</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, berseem</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, cluster</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, crimson</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, Kenya</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, Ladino</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, Lappa</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, large hop</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, Persian</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, red</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, rose</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, small hop (suckling)</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, strawberry</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, sub (subterranean)</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Clover, white</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Corn, field</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="03">Corn, pop</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="03">Cotton</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Cowpea</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Crambe</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crested dogtail</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crotalaria, lance</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crotalaria, showy</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crotalaria, slenderleaf</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crotalaria, striped</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crotalaria, Sunn</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Crownvetch</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Dallisgrass</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Dichondra</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Dropseed, sand</ENT> <ENT>2.5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Emmer</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Fescue, Chewings</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, hair</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, hard</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, meadow</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, red</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, sheep</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Fescue, tall</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Flax</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Galletagrass:</ENT> </ROW> <ROW> <ENT I="05">(Other than caryopses)</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="05">(Caryopses)</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Grama, blue</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Grama, side-oats:</ENT> </ROW> <ROW> <ENT I="05">(Other than caryopses)</ENT> <ENT>60</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="05">(Caryopses)</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Guar</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Guineagrass</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Hardinggrass</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Hemp</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Indiangrass, yellow</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Indigo, hairy</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Japanese lawngrass</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Johnsongrass</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Kenaf</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Kochia, forage</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Kudzu</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lentil</ENT> <ENT>500</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lespedeza, Korean</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lespedeza, sericea or Chinese</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <PRTPAGE P="469"/> <ENT I="03">Lespedeza, Siberian</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lespedeza, striate</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lovegrass, sand</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lovegrass, weeping</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Lupine, blue</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Lupine, white</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Lupine, yellow</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Manilagrass</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Meadow foxtail</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Medick, black</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Milkvetch</ENT> <ENT>90</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Millet, browntop</ENT> <ENT>80</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Millet, foxtail</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Millet, Japanese</ENT> <ENT>90</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Millet, pearl</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Millet, proso</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Molassesgrass</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Mustard, black</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Mustard, India</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Mustard, white</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Napiergrass</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Needlegrass, green</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Oat</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Oatgrass, tall</ENT> <ENT>60</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Orchardgrass</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Panicgrass, blue</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Panicgrass, green</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Pea, field</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Peanut</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="13">Poa trivialis (see bluegrass, rough)</ENT> </ROW> <ROW> <ENT I="03">Rape, annual</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rape, bird</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rape, turnip</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rape, winter</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Redtop</ENT> <ENT>2.5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rescuegrass</ENT> <ENT>200</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rhodesgrass</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Rice</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Ricegrass, Indian</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Roughpea</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Rye</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Rye, mountain</ENT> <ENT>280</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Ryegrass, annual</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Ryegrass, intermediate</ENT> <ENT>80</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Ryegrass, perennial</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Ryegrass, Wimmera</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Safflower</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Sagewort, Louisiana</ENT> <ENT>5</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sainfoin</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Saltbush, fourwing</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Seasame</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sesbania</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Smilo</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sorghum</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="03">Sorghum almum</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sorghum-sudangrass hybrid</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>1,000</ENT> </ROW> <ROW> <ENT I="03">Sorgrass</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sourclover</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Soybean</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Spelt</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Sudangrass</ENT> <ENT>250</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sunflower</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Sweetclover, white</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sweetclover, yellow</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Sweet vernalgrass</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <PRTPAGE P="470"/> <ENT I="03">Sweetvetch, northern</ENT> <ENT>190</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Switchgrass</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Timothy </ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Timothy, turf</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Tobacco</ENT> <ENT>5</ENT> <ENT>1</ENT> <ENT>1</ENT> </ROW> <ROW> <ENT I="03">Trefoil, big</ENT> <ENT>20</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Trefoil, birdsfoot</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Triticale</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vaseygrass</ENT> <ENT>30</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Veldtgrass</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Velvetbean</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Velvetgrass</ENT> <ENT>10</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Vetch, common</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, hairy</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, Hungarian</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, Monantha</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, narrowleaf</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, purple</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Vetch, woolypod</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat, common</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat, club</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat, durum</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat, Polish</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat, poulard</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheat x Agrotricum</ENT> <ENT>500</ENT> <ENT>100</ENT> <ENT>500</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, beardless</ENT> <ENT>80</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, fairway crested</ENT> <ENT>40</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, standard crested</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, intermediate</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, pubescent</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, Siberian</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, slender</ENT> <ENT>70</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, streambank</ENT> <ENT>50</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, tall</ENT> <ENT>150</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wheatgrass, western</ENT> <ENT>100</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wildrye, basin</ENT> <ENT>80</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wild-rye, Canada</ENT> <ENT>110</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="03">Wild-rye, Russian</ENT> <ENT>60</ENT> <ENT>25</ENT> <ENT>100</ENT> </ROW> <ROW> <ENT I="13">Zoysia Japonica (see Japanese lawngrass)</ENT> </ROW> <ROW> <ENT I="13">Zoysia matrella (see Manilagrass)</ENT> </ROW> </GPOTABLE> <P>(b) <E T="03">Method of sampling.</E> (1) When an importation consists of more than one lot, each lot shall be sampled separately.</P> <P>(2) For lots of six or fewer bags, each bag shall be sampled. A total of at least five trierfuls shall be taken from the lot.</P> <P>(3) For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size, it is not necessary to sample more than 30 bags.</P> <P>(4) When the lot of seed to be sampled is comprised of seed in small containers that cannot practically be sampled as described in paragraph (b)(2) or (b)(3) of this section, entire unopened containers may be taken in sufficient number to supply a sample that meets the minimum size requirements of paragraph (a)(1) of this section.</P> <P>(c) <E T="03">Drawing samples.</E> Samples will not be drawn unless each container is labeled to show the lot designation and the name of the kind and variety of each agricultural seed, or kind and variety of each vegetable seed, appearing on the invoice and other entry papers, <PRTPAGE P="471"/>and a declaration has been filed by the importer as required under § 361.2(a). In order to secure a representative sample, an APHIS inspector will draw equal portions from evenly distributed parts of the quantity of seed to be sampled; the APHIS inspector, therefore, must be given access to all parts of that quantity.</P> <P>(1) For free-flowing seed in bags or in bulk, a probe or trier shall be used. For small free-flowing seed in bags, a probe or trier long enough to sample all portions of the bag shall be used. When drawing more than one trierful of seed from a bag, a different path through the seed shall be used when drawing each sample.</P> <P>(2) For non-free-flowing seed in bags or bulk that may be difficult to sample with a probe or trier, samples shall be obtained by thrusting one's hand into the seed and withdrawing representative portions. The hand shall be inserted in an open position with the fingers held closely together while the hand is being inserted and the portion withdrawn. When more than one handful is taken from a bag, the handfuls shall be taken from well-separated points.</P> <P>(3) When more than one sample is drawn from a single lot, the samples may be combined into a composite sample unless it appears that the quantity of seed represented as a lot is not of uniform quality, in which case the separate samples shall be forwarded together, but without being combined into a composite sample.</P> <P>(d) In most cases, samples will be drawn and examined by an APHIS inspector at the port of first arrival. The APHIS inspector may release a shipment if no contaminants are found and the labeling is sufficient. If contaminants are found or the labeling of the seed is insufficient, the APHIS inspector may forward the sample to the USDA Seed Examination Facility (SEF), Beltsville, MD, for analysis, testing, or examination. APHIS will notify the owner or consignee of the seed that samples have been drawn and forwarded to the SEF and that the shipment must be held intact pending a decision by APHIS as to whether the seed is within the noxious weed seed tolerances of § 361.6 and is accurately labeled. If the decision pending is with regard to the noxious weed seed content of the seed and the seed has been determined to be accurately labeled, the seed may be released for delivery to the owner or consignee under the following conditions:</P> <P>(1) The owner or consignee executes with Customs either a Customs single-entry bond or a Customs term bond, as appropriate, in such amount as is prescribed by applicable Customs regulations;</P> <P>(2) The bond must contain a condition for the redelivery of the seed or any part thereof upon demand of the Port Director of Customs at any time;</P> <P>(3) Until the seed is approved for entry upon completion of APHIS’ examination, the seed must be kept intact and not tampered with in any way, or removed from the containers except under the monitoring of an APHIS inspector; and</P> <P>(4) The owner or consignee must keep APHIS informed as to the location of the seed until it is finally entered into the commerce of the United States.</P> </SECTION> <SECTION> <SECTNO>§ 361.6</SECTNO> <SUBJECT>Noxious weed seeds.</SUBJECT> <P>(a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of this section shall be considered noxious weed seeds.</P> <P>(1) Seeds with no tolerances applicable to their introduction: </P> <EXTRACT> <FP SOURCE="FP-1"> <E T="03">Aeginetia</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Ageratina adenophora</E> (Sprengel) King & Robinson</FP> <FP SOURCE="FP-1"> <E T="03">Alectra</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Alternanthera sessilis</E> (L.) R. Brown ex de Candolle</FP> <FP SOURCE="FP-1"> <E T="03">Asphodelus fistulosus L.</E> </FP> <FP SOURCE="FP-1"> <E T="03">Avena sterilis</E> L. (including <E T="03">Avena ludoviciana</E> Durieu)</FP> <FP SOURCE="FP-1"> <E T="03">Azolla pinnata</E> R. Brown</FP> <FP SOURCE="FP-1"> <E T="03">Carthamus oxyacantha</E> M. Bieberstein</FP> <FP SOURCE="FP-1"> <E T="03">Caulerpa taxifolia</E> (Mediterranean clone)</FP> <FP SOURCE="FP-1"> <E T="03">Chrysopogon aciculatus</E> (Retzius) Trinius</FP> <FP SOURCE="FP-1"> <E T="03">Commelina benghalensis</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Crupina vulgaris</E> Cassini</FP> <FP SOURCE="FP-1"> <E T="03">Cuscuta</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Digitaria abyssinica</E> (=<E T="03">D. scalarum</E>)</FP> <FP SOURCE="FP-1"> <E T="03">Digitaria velutina</E> (Forsskal) Palisot de Beauvois</FP> <FP SOURCE="FP-1"> <E T="03">Drymaria arenarioides</E> Humboldt & Bonpland ex Roemer & Schultes</FP> <FP SOURCE="FP-1"> <E T="03">Eichhornia azurea</E> (Swartz) Kunth</FP> <FP SOURCE="FP-1"> <E T="03">Emex australis</E> Steinheil</FP> <FP SOURCE="FP-1"> <E T="03">Emex spinosa</E> (L.) Campdera</FP> <FP SOURCE="FP-1"> <E T="03">Galega officinalis</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Heracleum mantegazzianum</E> Sommier & Levier</FP> <FP SOURCE="FP-1"> <E T="03">Homeria</E> spp.<PRTPAGE P="472"/> </FP> <FP SOURCE="FP-1"> <E T="03">Hydrilla verticillata</E> (Linnaeus f.) Royle</FP> <FP SOURCE="FP-1"> <E T="03">Hygrophila polysperma</E> T. Anderson</FP> <FP SOURCE="FP-1"> <E T="03">Imperata brasiliensis</E> Trinius</FP> <FP SOURCE="FP-1"> <E T="03">Imperata cylindrica</E> (L.) Raeuschel</FP> <FP SOURCE="FP-1"> <E T="03">Ipomoea aquatica</E> Forsskal</FP> <FP SOURCE="FP-1"> <E T="03">Ischaemum rugosum</E> Salisbury</FP> <FP SOURCE="FP-1"> <E T="03">Lagarosiphon major</E> (Ridley) Moss</FP> <FP SOURCE="FP-1"> <E T="03">Leptochloa chinensis</E> (L.) Nees</FP> <FP SOURCE="FP-1"> <E T="03">Limnophila sessiliflora</E> (Vahl) Blume</FP> <FP SOURCE="FP-1"> <E T="03">Lycium ferocissimum</E> Miers</FP> <FP SOURCE="FP-1"> <E T="03">Melaleuca quinquenervia</E> (Cav.) Blake</FP> <FP SOURCE="FP-1"> <E T="03">Melastoma malabathricum</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Mikania cordata</E> (Burman f.) B. L. Robinson</FP> <FP SOURCE="FP-1"> <E T="03">Mikania micrantha</E> Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP-1"> <E T="03">Mimosa invisa</E> Martius</FP> <FP SOURCE="FP-1"> <E T="03">Mimosa pigra</E> L. var. <E T="03">pigra</E> </FP> <FP SOURCE="FP-1"> <E T="03">Monochoria hastata</E> (L.) Solms-Laubach</FP> <FP SOURCE="FP-1"> <E T="03">Monochoria vaginalis</E> (Burman f.) C. Presl</FP> <FP SOURCE="FP-1"> <E T="03">Nassella trichotoma</E> (Nees) Hackel ex Arechavaleta</FP> <FP SOURCE="FP-1"> <E T="03">Opuntia aurantiaca</E> Lindley</FP> <FP SOURCE="FP-1"> <E T="03">Orobanche</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Oryza longistaminata</E> A. Chevalier & Roehrich</FP> <FP SOURCE="FP-1"> <E T="03">Oryza punctata</E> Kotschy ex Steudel</FP> <FP SOURCE="FP-1"> <E T="03">Oryza rufipogon</E> Griffith</FP> <FP SOURCE="FP-1"> <E T="03">Ottelia alismoides</E> (L.) Pers.</FP> <FP SOURCE="FP-1"> <E T="03">Paspalum scrobiculatum</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum clandestinum</E> Hochstetter ex Chiovenda</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum macrourum</E> Trinius</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum pedicellatum</E> Trinius</FP> <FP SOURCE="FP-1"> <E T="03">Pennisetum polystachion</E> (L.) Schultes</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis alapataco</E> R. A. Philippi</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis argentina</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis articulata</E> S. Watson</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis burkartii</E> Munoz</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis caldenia</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis calingastana</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis campestris</E> Grisebach</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis castellanosii</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis denudans</E> Bentham</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis elata</E> (Burkart) Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis farcta</E> (Solander ex Russell) Macbride</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ferox</E> Grisebach</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis fiebrigii</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis hassleri</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis humilis</E> Gillies ex Hooker & Arnott</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis kuntzei</E> Harms</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis pallida</E> (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, & Kunth</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis palmeri</E> S. Watson</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis reptans</E> Bentham var. <E T="03">reptans</E> </FP> <FP SOURCE="FP-1"> <E T="03">Prosopis rojasiana</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ruizlealii</E> Burkart</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis ruscifolia</E> Grisebach</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis sericantha</E> Gillies ex Hooker & Arnott</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis strombulifera</E> (Lamarck) Bentham</FP> <FP SOURCE="FP-1"> <E T="03">Prosopis torquata</E> (Cavanilles ex Lagasca y Segura) de Candolle</FP> <FP SOURCE="FP-1"> <E T="03">Rottboellia cochinchinensis</E> (Lour.) W. Clayon</FP> <FP SOURCE="FP-1"> <E T="03">Rubus fruticosus</E> L. (complex)</FP> <FP SOURCE="FP-1"> <E T="03">Rubus moluccanus</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Saccharum spontaneum</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Sagittaria sagittifolia</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Salsola vermiculata</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia auriculata</E> Aublet</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia biloba</E> Raddi</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia herzogii</E> de la Sota</FP> <FP SOURCE="FP-1"> <E T="03">Salvinia molesta</E> D.S. Mitchell</FP> <FP SOURCE="FP-1"> <E T="03">Setaria pallide-fusca</E> (Schumacher) Stapf & Hubbard</FP> <FP SOURCE="FP-1"> <E T="03">Solanum tampicense</E> Dunal (wetland nightshade)</FP> <FP SOURCE="FP-1"> <E T="03">Solanum torvum</E> Swartz</FP> <FP SOURCE="FP-1"> <E T="03">Solanum viarum</E> Dunal</FP> <FP SOURCE="FP-1"> <E T="03">Sparganium erectum</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Spermacoce alata</E> (Aublet) de Candolle</FP> <FP SOURCE="FP-1"> <E T="03">Striga</E> spp.</FP> <FP SOURCE="FP-1"> <E T="03">Tridax procumbens</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Urochloa panicoides</E> Beauvois</FP> </EXTRACT> <P>(2) Seeds with tolerances applicable to their introduction: </P> <EXTRACT> <FP SOURCE="FP-1"> <E T="03">Acroptilon repens</E> (L.) DC. (=<E T="03">Centaurea repens</E> L.) (=<E T="03">Centaurea picris</E>)</FP> <FP SOURCE="FP-1"> <E T="03">Cardaria draba</E> (L.) Desv.</FP> <FP SOURCE="FP-1"> <E T="03">Cardaria pubescens</E> (C. A. Mey.) Jarmol.</FP> <FP SOURCE="FP-1"> <E T="03">Convolvulus arvensis</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Cirsium arvense</E> (L.) Scop.</FP> <FP SOURCE="FP-1"> <E T="03">Elytrigia repens</E> (L.) Desv. (=<E T="03">Agropyron repens</E> (L.) Beauv.)</FP> <FP SOURCE="FP-1"> <E T="03">Euphorbia esula</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Sonchus arvensis</E> L.</FP> <FP SOURCE="FP-1"> <E T="03">Sorghum halepense</E> (L.) Pers.</FP> </EXTRACT> <P>(b) The tolerance applicable to the prohibition of the noxious weed seeds listed in paragraph (a)(2) of this section shall be two seeds in the minimum amount required to be examined as shown in column 1 of table 1 of § 361.5. If fewer than two seeds are found in an initial examination, the shipment from which the sample was drawn may be entered. If two seeds are found in an initial examination, a second sample must be examined. If two or fewer seeds are found in the second examination, the shipment from which the samples were drawn may be entered. If three or more seeds are found in the second examination, the shipment from which the samples were drawn may not be entered. If three or more seeds are found in an initial examination, the shipment from which the sample was drawn may not be entered.</P> <P>(c) Any seed of any noxious weed that can be determined by visual inspection (including the use of transmitted light or dissection) to be within one of the following categories shall be considered inert matter and not counted as a weed seed:</P> <P>(1) Damaged seed (other than grasses) with over one half of the embryo missing;<PRTPAGE P="473"/> </P> <P>(2) Grass florets and caryopses classed as inert:</P> <P>(i) Glumes and empty florets of weedy grasses;</P> <P>(ii) Damaged caryopses, including free caryopses, with over one-half the root-shoot axis missing (the scutellum excluded);</P> <P>(iii) Immature free caryopses devoid of embryo or endosperm;</P> <P>(iv) Free caryopses of quackgrass (<E T="03">Elytrigia repens</E>) that are 2 mm or less in length; or</P> <P>(v) Immature florets of quackgrass (<E T="03">Elytrigia repens</E>) in which the caryopses are less than one-third the length of the palea. The caryopsis is measured from the base of the rachilla.</P> <P>(3) Seeds of legumes (<E T="03">Fabaceae</E>) with the seed coats entirely removed.</P> <P>(4) Immature seed units, devoid of both embryo and endosperm, such as occur in (but not limited to) the following plant families: buckwheat (<E T="03">Polygonaceae</E>), morning glory (<E T="03">Convolvulaceae</E>), nightshade (<E T="03">Solanaceae</E>), and sunflower (<E T="03">Asteraceae</E>).</P> <P>(5) Dodder (<E T="03">Cuscuta</E> spp.) seeds devoid of embryos and seeds that are ashy gray to creamy white in color are inert matter. Dodder seeds should be sectioned when necessary to determine if an embryo is present, as when the seeds have a normal color but are slightly swollen, dimpled, or have minute holes.</P> <CITA>[62 FR 48460, Sept. 16, 1997, as amended at 64 FR 12884, Mar. 16, 1999; 65 FR 33743, May 25, 2000]</CITA> </SECTION> <SECTION> <SECTNO>§ 361.7</SECTNO> <SUBJECT>Special provisions for Canadian-origin seed and screenings.</SUBJECT> <P>(a) In addition to meeting the declaration and labeling requirements of § 361.2 and all other applicable provisions of this part, all Canadian-origin agricultural seed and Canadian-origin vegetable seed imported into the United States from Canada for seeding (planting) purposes or cleaning must be accompanied by a certificate of analysis issued by the Canadian Food Inspection Agency or by a private seed laboratory accredited by the Canadian Food Inspection Agency. Samples of seed shall be drawn using sampling methods comparable to those detailed in § 361.5 of this part. The seed analyst who examines the seed at the laboratory must be accredited to analyze the kind of seed covered by the certificate.</P> <P>(1) If the seed is being imported for seeding (planting) purposes, the certificate of analysis must verify that the seed meets the noxious weed seed tolerances of § 361.6. Such seed will not be subject to the sampling requirements of § 361.3(b).</P> <P>(2) If the seed is being imported for cleaning, the certificate of analysis must name the kinds of noxious weed seeds that are to be removed from the lot of seed. Seed being imported for cleaning must be consigned to a facility operated in accordance with § 361.8(a).</P> <P>(b) Coated or pelleted agricultural seed and coated or pelleted vegetable seed of Canadian origin may be imported into the United States if the seed was analyzed prior to being coated or pelleted and is accompanied by a certificate of analysis issued in accordance with paragraph (a) of this section.</P> <P>(c) Screenings otherwise prohibited under this part may be imported from Canada if the screenings are imported for processing or manufacture and are consigned to a facility operating under a compliance agreement as provided by § 361.8(b).</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0124)</APPRO> </SECTION> <SECTION> <SECTNO>§ 361.8</SECTNO> <SUBJECT>Cleaning of imported seed and processing of certain Canadian-origin screenings.</SUBJECT> <P>(a) Imported seed that is found to contain noxious weed seeds at a level higher than the tolerances set forth in § 361.6(b) may be cleaned under the monitoring of an APHIS inspector. The cleaning will be at the expense of the owner or consignee.</P> <P>(1) At the location where the seed is being cleaned, the identity of the seed must be maintained at all times to the satisfaction of the Administrator. The refuse from the cleaning must be placed in containers and securely sealed and identified. Upon completion of the cleaning, a representative sample of the seed will be analyzed by a registered seed technologist, an official seed laboratory, or by APHIS; if the seed is found to be within the noxious weed tolerances set forth in § 361.6(b), <PRTPAGE P="474"/>the seed may be allowed entry into the United States;</P> <P>(2) The refuse from the cleaning must be destroyed under the monitoring of an APHIS inspector at the expense of the owner or consignee of the seed.</P> <P>(3) Any person engaged in the business of cleaning imported seed may enter into a compliance agreement under paragraph (c) of this section to facilitate the cleaning of seed imported into the United States under this part.</P> <P>(b) Any person engaged in the business of processing screenings who wishes to process screenings imported from Canada under § 361.7(c) that are otherwise prohibited under this part must enter into a compliance agreement under paragraph (c) of this section.</P> <P>(c) A compliance agreement for the cleaning of imported seed or processing of otherwise prohibited screenings from Canada shall be a written agreement <SU>1</SU> <FTREF/> between a person engaged in such a business, the State in which the business operates, and APHIS, wherein the person agrees to comply with the provisions of this part and any conditions imposed pursuant thereto. Any compliance agreement may be canceled orally or in writing by the APHIS inspector who is monitoring its enforcement whenever the inspector finds that the person who entered into the compliance agreement has failed to comply with the provisions of this part or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons for the decision shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision to the Administrator, in writing, within 10 days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator.</P> <FTNT> <P> <SU>1</SU> Compliance Agreement forms are available without charge from Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-1236, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in telephone directories).</P> </FTNT> </SECTION> <SECTION> <SECTNO>§ 361.9</SECTNO> <SUBJECT>Recordkeeping.</SUBJECT> <P>(a) Each person importing agricultural seed or vegetable seed under this part must maintain a complete record, including copies of the declaration and labeling required under this part and a sample of seed, for each lot of seed imported. Except for the seed sample, which may be discarded 1 year after the entire lot represented by the sample has been disposed of by the person who imported the seed, the records must be maintained for 3 years following the importation.</P> <P>(b) Each sample of vegetable seed and each sample of agricultural seed must be at least equal in weight to the sample size prescribed for noxious weed seed examination in table 1 of § 361.5.</P> <P>(c) An APHIS inspector shall, during normal business hours, be allowed to inspect and copy the records.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0579-0124)</APPRO> </SECTION> <SECTION> <SECTNO>§ 361.10</SECTNO> <SUBJECT>Costs and charges.</SUBJECT> <P>Unless a user fee is payable under § 354.3 of this chapter, the services of an APHIS inspector during regularly assigned hours of duty and at the usual places of duty will be furnished without cost. The U.S. Department of Agriculture's provisions relating to overtime charges for an APHIS inspector's services are set forth in part 354 of this chapter. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with this part, other than for the services of the APHIS inspector during regularly assigned hours of duty and at the usual places of duty. All expenses incurred by the U.S. Department of Agriculture (including travel, per diem or subsistence, and salaries of officers or employees of the Department) in connection with the monitoring of cleaning, labeling, other reconditioning, or destruction of seed, screenings, or refuse under this part shall be reimbursed by the owner or consignee of the seed or screenings.</P> </SECTION> </PART> <PART> <PRTPAGE P="475"/> <EAR>Pt. 370</EAR> <HD SOURCE="HED">PART 370—FREEDOM OF INFORMATION</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>370.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <SECTNO>370.2</SECTNO> <SUBJECT>Published materials.</SUBJECT> <SECTNO>370.3</SECTNO> <SUBJECT>Index.</SUBJECT> <SECTNO>370.4</SECTNO> <SUBJECT>Facilities for inspection and copying.</SUBJECT> <SECTNO>370.5</SECTNO> <SUBJECT>Requests for records.</SUBJECT> <SECTNO>370.6</SECTNO> <SUBJECT>Appeals.</SUBJECT> <SECTNO>370.7</SECTNO> <SUBJECT>Agency response to requests.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 552.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>40 FR 43223, Sept. 19, 1975, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 370.1</SECTNO> <SUBJECT>Scope and purpose.</SUBJECT> <P>These regulations are issued pursuant to the Freedom of Information Act, as amended (5 U.S.C. 552), and in accordance with the requirements of the Department of Agriculture regulations in part 1, subpart A of this title. The availability of records of the Animal and Plant Health Inspection Service (APHIS), and the procedures by which the public may obtain such information, shall be governed by the Department regulations as implemented by the regulations in this part. It is the policy of APHIS to be an open agency and to promptly make available for public inspection any records or information which are required to be released under the Act. Material which is exempt from disclosure will also be promptly made available when the Agency in its discretion determines that release of such material is in the public interest.</P> </SECTION> <SECTION> <SECTNO>§ 370.2</SECTNO> <SUBJECT>Published materials.</SUBJECT> <P>Rules and regulations of APHIS relating to its regulatory responsibilities are continuously published in the <E T="04">Federal Register</E>, and codified in this chapter III, title 7, and in 9 CFR chapter I. APHIS issues publications explaining animal and plant health programs and the laws and regulations, including quarantines, under which the programs are conducted. These publications are, for the most part available free from the Office of Governmental and Public Affairs, USDA, Washington, DC 20250; or, in some cases from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, at established rates.</P> <CITA>[44 FR 53490, Sept. 14, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 370.3</SECTNO> <SUBJECT>Index.</SUBJECT> <P>Pursuant to the regulations in § 1.4(b) of this title, APHIS will maintain and make available for public inspection and copying a current index providing identifying information regarding the materials required to be published or made available under the Freedom of Information Act (5 U.S.C. 552(a)(2)). Notice is hereby given that publication of this index is unnecessary and impracticable, since the material is voluminous and does not change often enough to justify the expense of publication.</P> </SECTION> <SECTION> <SECTNO>§ 370.4</SECTNO> <SUBJECT>Facilities for inspection and copying.</SUBJECT> <P>Facilities for public inspection and copying of the index and materials required to be made available under 5 U.S.C. 552(c)(2) will be provided by APHIS, on business days between 8 a.m. and 4:30 p.m. Requests for this information should be made to the FOIA Coordinator at the following address: </P> <EXTRACT> <FP SOURCE="FP-1">Freedom of Information Act Coordinator, Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.</FP> </EXTRACT> <P>Copies of such material may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Office of Operations and Finance, USDA, pursuant to § 2.75 of this title. See § 1.10 and appendix A—Fee Schedule in part 1, subtitle A of this title.</P> <CITA>[44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 370.5</SECTNO> <SUBJECT>Requests for records.</SUBJECT> <P>(a) Requests for APHIS records or information other than material published or made available under the preceding sections, shall be made in writing in accordance with 7 CFR 1.3(a) and submitted to the APHIS Freedom of Information Act Coordinator at the following address: </P> <EXTRACT> <FP SOURCE="FP-1">Freedom of Information Act Coordinator, (FOIA Request), Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.</FP> </EXTRACT> <PRTPAGE P="476"/> <P>The request shall identify each record with reasonable specificity as prescribed in § 1.3(b) of this title. The APHIS FOIA Coordinator is hereby delegated authority to make determinations with respect to such requests in accordance with 7 CFR.</P> <P>(b) The FOIA Coordinator or his designee is authorized to receive requests and to exercise the authority under § 1.4(c) of this title to:</P> <P>(1) Make determinations to grant or deny requests,</P> <P>(2) Extend the administrative deadline,</P> <P>(3) Make discretionary releases of exempt records, and</P> <P>(4) Make determinations regarding charges pursuant to the fee schedule.</P> <P>(c) In exercising his authority under § 1.4(c) of this title to grant and deny requests, the Coordinator will comply with subsection (b) of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which requires that any reasonably segregable portion of a document shall be provided to a person requesting such document after deletion of any portions which are exempt under the Act. Therefore, unless the disclosable and non-disclosable portions are so inextricably linked that it is not reasonably possible to separate them, the document will be released with the non-disclosable portions deleted, except that the Coordinator may exercise discretion as limited by § 1.11 of this title, to release the entire document, or to make only a minimum number of deletions, e.g., the names of individuals.</P> <CITA>[40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979; 51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 370.6</SECTNO> <SUBJECT>Appeals.</SUBJECT> <P>If the request for information made under § 370.5 is denied in whole or in part, the requester may file an appeal pursuant to § 1.3(e) of this title. The appeal should be in writing and should be addressed as follows: </P> <EXTRACT> <FP SOURCE="FP-1">Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), Room 313-E, U.S. Department of Agriculture, Washington, DC 20250.</FP> </EXTRACT> <CITA>[44 FR 53490, Sept. 14, 1979]</CITA> </SECTION> <SECTION> <SECTNO>§ 370.7</SECTNO> <SUBJECT>Agency response to requests.</SUBJECT> <P>(a) The response to requests for information and to appeals shall be made in accordance with the Department regulations in § 1.5 of this title and the regulations in this part.</P> <P>(b) Requests for records and information which have customarily been directed to field stations and agency headquarters may continue to be directed to those locations, notwithstanding the provisions of these regulations. If the information is not available at the location at which the request is made, or the official receiving the request is in doubt as to whether the information should be released, the official shall (1) promptly forward the request to the FOIA Coordinator, or (2) inform the requester of the procedures established in these regulations by which the request may be sent directly to the FOIA Coordinator. The date of receipt of the request by the Coordinator shall be the determining date for purposes of the time limitations under the Freedom of Information Act and the regulations.</P> </SECTION> </PART> <PART> <HD SOURCE="HED">PART 371—ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>371.1</SECTNO> <SUBJECT>General Statement.</SUBJECT> <SECTNO>371.2</SECTNO> <SUBJECT>The Office of the Administrator.</SUBJECT> <SECTNO>371.3</SECTNO> <SUBJECT>Plant Protection and Quarantine.</SUBJECT> <SECTNO>371.4</SECTNO> <SUBJECT>Veterinary Services.</SUBJECT> <SECTNO>371.5</SECTNO> <SUBJECT>Marketing and Regulatory Programs Business Services.</SUBJECT> <SECTNO>371.6</SECTNO> <SUBJECT>Wildlife Services.</SUBJECT> <SECTNO>371.7</SECTNO> <SUBJECT>Animal Care.</SUBJECT> <SECTNO>371.8</SECTNO> <SUBJECT>International Services.</SUBJECT> <SECTNO>371.9</SECTNO> <SUBJECT>Policy and Program Development.</SUBJECT> <SECTNO>371.10</SECTNO> <SUBJECT>Legislative and Public Affairs.</SUBJECT> <SECTNO>371.11</SECTNO> <SUBJECT>Delegations of authority.</SUBJECT> <SECTNO>371.12</SECTNO> <SUBJECT>Concurrent authority and responsibility to the Administrator.</SUBJECT> <SECTNO>371.13</SECTNO> <SUBJECT>Reservation of authority.</SUBJECT> <SECTNO>371.14</SECTNO> <SUBJECT>Availability of information and records.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 301.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>65 FR 1299, Jan. 10, 2000, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 371.1</SECTNO> <SUBJECT>General statement.</SUBJECT> <P>(a) <E T="03">The creation of APHIS.</E> The Animal and Plant Health Inspection Service (APHIS) was created by the Secretary <PRTPAGE P="477"/>of Agriculture on April 2, 1972 (37 FR 6327, March 28, 1972).</P> <P>(b) <E T="03">Central offices.</E> APHIS is headquartered in Washington, DC, and Riverdale, MD. The APHIS Management Team at these locations consists of the following: </P> <EXTRACT> <FP SOURCE="FP-1">Administrator</FP> <FP SOURCE="FP-1">Associate Administrator</FP> <FP SOURCE="FP-1">Deputy Administrator, Plant Protection and Quarantine (PPQ)</FP> <FP SOURCE="FP-1">Deputy Administrator, Veterinary Services (VS)</FP> <FP SOURCE="FP-1">Deputy Administrator, Marketing and Regulatory Programs Business Services (MRPBS)</FP> <FP SOURCE="FP-1">Deputy Administrator, Wildlife Services (WS)</FP> <FP SOURCE="FP-1">Deputy Administrator, Animal Care (AC)</FP> <FP SOURCE="FP-1">Deputy Administrator, International Services (IS)</FP> <FP SOURCE="FP-1">Director, Policy and Program Development (PPD)</FP> <FP SOURCE="FP-1">Director, Legislative and Public Affairs (LPA)</FP> </EXTRACT> <P>(c) <E T="03">Field organization.</E> AC, MRPBS, PPQ, VS, and WS all have field offices located throughout the United States. IS has field offices located throughout the world. A list of APHIS' field offices with addresses and telephone numbers is in the blue pages of local telephone books.</P> </SECTION> <SECTION> <SECTNO>§ 371.2</SECTNO> <SUBJECT>The Office of the Administrator.</SUBJECT> <P>(a) <E T="03">The Administrator.</E> (1) The Administrator of APHIS formulates, directs, and supervises the execution of APHIS policies, programs, and activities.</P> <P>(2) The Administrator is authorized to take any action authorized by law and deemed necessary to carry out APHIS functions. Delegations of authority by the Administrator and provisions for redelegations of authority are stated in § 371.11.</P> <P>(b) <E T="03">The Associate Administrator.</E> The Associate Administrator of APHIS shares responsibility with the Administrator for general direction and supervision of APHIS programs and activities. The Associate Administrator may act for the Administrator.</P> </SECTION> <SECTION> <SECTNO>§ 371.3</SECTNO> <SUBJECT>Plant protection and quarantine.</SUBJECT> <P>(a) <E T="03">General statement.</E> Plant Protection and Quarantine (PPQ) protects and safeguards the Nation's plant resources through programs and activities to prevent the introduction and spread of plant pests and diseases.</P> <P>(b) <E T="03">Deputy Administrator of PPQ.</E> The Deputy Administrator of PPQ is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of policies, programs, procedures, and activities of APHIS.</P> <P>(2) Providing direction and coordination for PPQ programs and activities. The authorities for PPQ programs include:</P> <P>(i) The Terminal Inspection Act, as amended (7 U.S.C. 166);</P> <P>(ii) The Honeybee Act, as amended (7 U.S.C. 281 through 286);</P> <P>(iii) Sections 1 and 15 of the Federal Noxious Weed Act of 1974, (7 U.S.C. 2801 note and 7 U.S.C. 2814);</P> <P>(iv) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);</P> <P>(v) Executive Order 13112;</P> <P>(vi) The responsibilities of the United States under the International Plant Protection Convention;</P> <P>(vii) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 through 3378);</P> <P>(viii) Title III (and Title IV to the extent that it relates to activities under Title III) of the Federal Seed Act, as amended (7 U.S.C. 1581 through 1610);</P> <P>(ix) Authority to prescribe and collect fees under The Act of August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990, as amended (21 U.S.C. 136 and 136a);</P> <P>(x) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772);</P> <P>(xi) Authority to collect reimbursement for overtime paid to employees for inspection or quarantine services (7 U.S.C. 2260).</P> <P>(3) Developing of regulations (including quarantines) regarding noxious weeds and plant pests and diseases.</P> <P>(4) Cooperating with and providing technical assistance to State and local governments, farmer's associations, and individuals with regard to plant pest control. Cooperating with and providing technical assistance to foreign <PRTPAGE P="478"/>governments with regard to plant pests and diseases.</P> <P>(5) Assisting in the development of sanitary and phytosanitary measures.</P> <P>(6) Regulating the field release into the environment, interstate movement, and importation of genetically modified organisms.</P> <P>(7) Serving as a member of the North American Plant Protection Organization (NAPPO). NAPPO is composed of plant protection officials and industry cooperators from Canada, Mexico, and the United States.</P> <P>(8) Administering plant and animal pest and disease exclusion policies, procedures, and regulations at international ports of entry (land, sea, and air) relative to all plants and plant and animal products and associated materials (excluding live animals).</P> <P>(9) Providing laboratory support, diagnostic services, methods development, and research activities in support of PPQ programs.</P> <CITA>[65 FR 1299, Jan. 10, 2000, as amended at 65 FR 49471, Aug. 14, 2000; 66 FR 21060, Apr. 27, 2001]</CITA> </SECTION> <SECTION> <SECTNO>§ 371.4</SECTNO> <SUBJECT>Veterinary Services.</SUBJECT> <P>(a) <E T="03">General statement.</E> Veterinary Services (VS) protects and safeguards the Nation's livestock and poultry through programs and activities to prevent the introduction and spread of pests and disease of livestock and poultry. VS also provides leadership and coordinates activities pertaining to veterinary biologics.</P> <P>(b) <E T="03">Deputy Administrator of VS.</E> The Deputy Administrator of VS is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of policies, programs, procedures, and activities of APHIS.</P> <P>(2) Providing direction and coordination for the activities of the Center for Veterinary Biologics.</P> <P>(3) Providing direction and coordination for VS programs and activities.</P> <P>The authorities for VS programs include:</P> <P>(i) Section 306 of the Tariff Act of June 17, 1930, as amended (19 U.S.C. 1306);</P> <P>(ii) Act of August 30, 1890, as amended (21 U.S.C. 102 through 105);</P> <P>(iii) Act of May 29, 1884, as amended, Act of February 2, 1903, as amended, and Act of March 3, 1905, as amended, and supplemental legislation (21 U.S.C. 111 through 114a, 114a through 114a-1, and 115 through 130);</P> <P>(iv) Act of February 28, 1947, as amended (21 U.S.C. 114b through 114c, and 114d-1);</P> <P>(v) Act of June 16, 1948 (21 U.S.C. 114e through 114f);</P> <P>(vi) Act of September 6, 1961 (21 U.S.C. 114g through 114h);</P> <P>(vii) Act of July 2, 1962 (21 U.S.C. 134 through 134h);</P> <P>(viii) Act of May 6, 1970 (21 U.S.C. 135 through 135b);</P> <P>(ix) Sections 12 through 14 of the Federal Meat Inspection Act, as amended, and the portion of Section 18 of the Act that pertains to the issuance of certificates of condition of live animals intended and offered for export (21 U.S.C. 612 through 614, and 618);</P> <P>(x) Improvement of poultry, poultry products, and hatcheries (7 U.S.C. 429);</P> <P>(xi) 28 Hour Law, as amended (49 U.S.C. 80502);</P> <P>(xii) Act of August 26, 1983, as amended (46 U.S.C. 3901 through 3902);</P> <P>(xiii) Harmonized Tariff Schedule of the United States;</P> <P>(xiv) Virus-Serum-Toxin Act (21 U.S.C. 151 through 159);</P> <P>(xv) Sections 203 and 205 of the Agricultural Marketing Act of 1946, as amended, with respect to voluntary inspection and certification of animal products; inspection, testing, treatment, and certification of animals; and a program to investigate and develop solutions to the problems resulting from the use of sulfonamides in swine (7 U.S.C. 1622 and 1624);</P> <P>(xvi) Section 101(d) of the Organic Act of September 21, 1944 (7 U.S.C. 430);</P> <P>(xvii) The Swine Health Protection Act (7 U.S.C. 3801 through 3813);</P> <P>(xviii) Conducting diagnostic and related activities necessary to prevent, detect, control, or eradicate foot-and-mouth disease and other animal diseases (21 U.S.C. 113a);</P> <P>(xix) Authority to prescribe and collect fees under the Act of August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act <PRTPAGE P="479"/>of 1990, as amended (21 U.S.C. 136 and 136a); and</P> <P>(xx) Transportation of horses to slaughter under sections 901-905 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note).</P> <P>(4) Directing and coordinating animal health information systems and maintaining a Federal-State program operation capable of responding to exotic livestock and poultry disease outbreaks.</P> <P>(5) Cooperating with and providing technical assistance to State and local governments, farmer's associations and similar organizations, and individuals with regard to VS programs and activities. Cooperating with and providing technical assistance to foreign governments with regard to pests and diseases of livestock and poultry.</P> <P>(6) Providing laboratory support, diagnostic services, methods development, and research activities in support of VS programs.</P> </SECTION> <SECTION> <SECTNO>§ 371.5</SECTNO> <SUBJECT>Marketing and Regulatory Programs Business Services.</SUBJECT> <P>(a) <E T="03">General statement.</E> Marketing and Regulatory Programs Business Services (MRPBS) plans and provides for the agency's human, financial, and physical resources.</P> <P>(b) <E T="03">Deputy Administrator of MRPBS.</E> The Deputy Administrator of MRPBS is responsible for:</P> <P>(1) Assisting the Under Secretary for Marketing and Regulatory Programs, and the Administrators of APHIS, the Agricultural Marketing Service (AMS), and the Grain Inspection and Packers and Stockyards Administration (GIPSA), and other APHIS, AMS, and GIPSA officials in the planning and formulation of MRP policies, programs, and activities. Providing human resource, certain financial, and management services for AMS, APHIS, and GIPSA.</P> <P>(2) Planning, formulating and coordinating policies, and directing management support functions for APHIS and designated functions for other MRP agencies, including finance, personnel, and management services.</P> <P>(3) Conducting administrative reviews and inspections in APHIS to assess the implementation of policies and procedures and to assess the accomplishments of program objectives.</P> <P>(4) Evaluating and issuing administrative directives.</P> <P>(5) Serving as APHIS' liaison official with the General Accounting Office and the Office of the Inspector General.</P> <P>(6) Preparing cooperative agreements, memoranda of understanding, agreements between APHIS and other agencies, and agreements that require the signature of more than one Deputy Administrator or Director.</P> <P>(7) Directing and coordinating investigations related to APHIS program laws and regulations and coordinating enforcement of program laws and regulations with the Office of the General Counsel.</P> <P>(8) Supporting and enforcing APHIS program activities, which include:</P> <P>(i) Title 7, Code of Federal Regulations, §§ 371.3(b)(2)(i) through (xiv);</P> <P>(ii) Title 7, Code of Federal Regulations, §§ 371.4(b)(3)(i) through (xx);</P> <P>(iii) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 2159); and</P> <P>(iv) The Virus-Serum Toxin Act, as amended (21 U.S.C. 159).</P> <P>(9) Formulating and recommending employee development and training policies.</P> <P>(10) Developing, delivering, and administering organizational development, training, recruitment, and employee development programs for MRP agencies.</P> <P>(11) Providing computer support and related services for APHIS.</P> </SECTION> <SECTION> <SECTNO>§ 371.6</SECTNO> <SUBJECT>Wildlife Services.</SUBJECT> <P>(a) <E T="03">General statement.</E> Wildlife Services (WS) manages problems caused by wildlife.</P> <P>(b) <E T="03">Deputy Administrator of WS.</E> The Deputy Administrator of WS is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of policies, programs, procedures, and activities of APHIS.</P> <P>(2) Providing direction and coordination for programs authorized by the Act of March 2, 1931 (7 U.S.C. 426 and 426b, as amended).</P> <P>(3) Assisting Federal, State, local, and foreign agencies and individuals <PRTPAGE P="480"/>with regard to wildlife damage and control.</P> <P>(4) Conducting research to develop wildlife damage management methods.</P> </SECTION> <SECTION> <SECTNO>§ 371.7</SECTNO> <SUBJECT>Animal Care.</SUBJECT> <P>(a) <E T="03">General statement.</E> Animal Care (AC) establishes acceptable standards of humane care and treatment for regulated animals and monitors and achieves compliance through inspections, enforcement, education, and cooperative efforts under the Animal Welfare and Horse Protection Acts.</P> <P>(b) <E T="03">Deputy Administrator of AC.</E> The Deputy Administrator of AC is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of policies, programs, and activities of APHIS.</P> <P>(2) Directing activities to ensure compliance with and enforcement of animal welfare and horse protection laws and regulations. These laws are:</P> <P>(i) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 2159); and</P> <P>(ii) The Horse Protection Act (15 U.S.C. 1821 through 1831).</P> <P>(3) Providing recommendations for policy and program changes and promulgating requirements, procedures, and guidelines for the conduct of field activities relating to AC programs.</P> </SECTION> <SECTION> <SECTNO>§ 371.8</SECTNO> <SUBJECT>International Services.</SUBJECT> <P>(a) <E T="03">General statement.</E> International Services (IS) protects U.S. agriculture and enhances agricultural trade with foreign countries.</P> <P>(b) <E T="03">Deputy Administrator of IS.</E> The Deputy Administrator of IS is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of international policies, programs, and activities of APHIS.</P> <P>(2) Maintaining and administering the foreign service personnel system for employees of APHIS in accordance with section 202(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3922), E.O. 12363, dated May 21, 1982, and the provisions of § 2.51(a)(1) of this title.</P> <P>(3) Developing and maintaining systems for monitoring and reporting the presence and movement of plant and animal diseases and pests in foreign countries.</P> <P>(4) Developing and maintaining cooperative relationships and programs with other Federal agencies, foreign governments, industry, and international organizations, such as the Food and Agriculture Organization of the United Nations, with regard to APHIS activities in foreign countries.</P> <P>(5) Developing and maintaining systems for observing the effects of plant and animal diseases in foreign countries and evaluating their effect on the agriculture industry.</P> <P>(6) Developing and directing programs to enhance the trade in U.S. plants, animals, and their products in compliance with established international sanitary and phytosanitary standards.</P> <P>(7) Providing recommendations for policy and program changes, and promulgating requirements, procedures, and guidelines for the conduct of field activities relating to IS programs.</P> </SECTION> <SECTION> <SECTNO>§ 371.9</SECTNO> <SUBJECT>Policy and Program Development.</SUBJECT> <P>(a) <E T="03">General statement.</E> Policy and Program Development (PPD) provides analytical support for agency decisions and plans.</P> <P>(b) <E T="03">Director of PPD.</E> The Director of PPD is responsible for:</P> <P>(1) Participating with the Administrator of APHIS and other officials in the planning and formulation of APHIS policies, programs, and activities.</P> <P>(2) Providing planning and evaluations; regulations development; and policy, risk, and economic analysis for APHIS programs.</P> <P>(3) Analyzing the environmental effects of APHIS programs to ensure their compliance with environmental laws and regulations and providing support for pesticide registration and drug approval.</P> <P>(4) Coordinating registration of chemicals and other substances used in APHIS control and eradication programs.</P> </SECTION> <SECTION> <SECTNO>§ 371.10</SECTNO> <SUBJECT>Legislative and Public Affairs.</SUBJECT> <P>(a) <E T="03">General statement.</E> Legislative and Public Affairs (LPA) is the communications arm of APHIS.<PRTPAGE P="481"/> </P> <P>(b) <E T="03">Director of LPA.</E> The Director of LPA is responsible for:</P> <P>(1) Advising and assisting the Administrator and other officials on matters relating to agency legislative and media affairs.</P> <P>(2) Preparing legislative proposals for APHIS programs and responsibilities. Assisting in compiling support material for agency witnesses for congressional hearings. Preparing legislative reports.</P> <P>(3) Establishing and maintaining liaison with Members of Congress, various congressional committees and subcommittees, and their staffs on matters pertaining to APHIS.</P> <P>(4) Planning and conducting an information program to promote interest in and increase the public knowledge of APHIS programs and activities.</P> <P>(5) Drafting and administering policy guidelines on press contacts, photography, audiovisual activities, graphic design, radio-TV, and policy/editorial/graphics clearances for publications. Planning and conducting a program to explain APHIS policies in written form to Members of Congress, State and industry leaders, officials of foreign governments, and private citizens.</P> <P>(6) Preparing replies to written inquiries and establishing and maintaining a system for the control of written inquiries referred by the Office of the Secretary or sent directly to the agency.</P> <P>(7) Assisting in the preparation of position papers regarding APHIS programs.</P> <P>(8) Assisting in the preparation of directives, procedural manuals, articles for publication, and agency correspondence. Coordinating APHIS activities within the scope of the Freedom of Information Act and the Privacy Act.</P> </SECTION> <SECTION> <SECTNO>§ 371.11</SECTNO> <SUBJECT>Delegations of authority.</SUBJECT> <P>(a) <E T="03">Associate Administrator.</E> The Associate Administrator is delegated the authority to perform the duties and to exercise the functions and powers that are now, or that may become, vested in the Administrator, including the power of redelegation except where prohibited, and including authority reserved to the Administrator in § 371.14 of this part. The Associate Administrator is also authorized to act for the Administrator in the absence of the Administrator.</P> <P>(b) <E T="03">Deputy Administrators and Directors.</E> The Deputy Administrators of Plant Protection and Quarantine (PPQ), Veterinary Services (VS), Wildlife Services (WS), Marketing and Regulatory Programs Business Services (MRPBS), Animal Care (AC), and International Services (IS); the Directors of Policy and Program Development (PPD) and Legislative and Public Affairs (LPA); and the officers they designate to act for them, with prior specific approval of the Administrator, are delegated the authority, severally, to perform duties and to exercise the functions and powers that are now, or that may become vested in the Administrator (including the power of redelegation, except where prohibited) except authority that is reserved to the Administrator. Each Deputy Administrator or Director shall be responsible for the programs and activities in APHIS assigned to that Deputy Administrator or Director.</P> </SECTION> <SECTION> <SECTNO>§ 371.12</SECTNO> <SUBJECT>Concurrent authority and responsibility to the Administrator.</SUBJECT> <P>(a) <E T="03">Delegations that preclude the Administrator or each Deputy Administrator or Director from exercising powers or functions.</E> No delegation or authorization in this part shall preclude the Administrator or each Deputy Administrator or Director from exercising any of the powers or functions or from performing any of the duties conferred upon each, respectively. Any delegation or authorization is subject, at all times, to withdrawal or amendment by the Administrator, and in their respective fields, by each Deputy Administrator or Director. The officers to whom authority is delegated in this part shall:</P> <P>(1) Maintain close working relationships with the officers to whom they report.</P> <P>(2) Keep them advised with respect to major problems and developments.</P> <P>(3) Discuss with them proposed actions involving major policy questions or other important considerations or questions, including matters involving relationships with other Federal agencies, other agencies of the Department, other divisions, staffs, or offices of the <PRTPAGE P="482"/>agency, or other governmental, private organizations, or groups.</P> <P>(b) <E T="03">Prior authorizations and delegations.</E> All prior delegations and redelegations of authority relating to any function, program, or activity covered by the statement of Organization, Functions, and Delegations of Authority, shall remain in effect except as they are inconsistent with this part or are amended or revoked. Nothing in this part shall affect the validity of any action taken previously under prior delegations or redelegations of authority or assignments of functions.</P> </SECTION> <SECTION> <SECTNO>§ 371.13</SECTNO> <SUBJECT>Reservation of authority.</SUBJECT> <P>The following are reserved to the Administrator, or to the individual designated to act for the Administrator:</P> <P>(a) The initiation, change, or discontinuance of major program activities.</P> <P>(b) The issuance of regulations pursuant to law.</P> <P>(c) The transfer of functions between Deputy Administrators and Directors.</P> <P>(d) The transfer of funds between Deputy Administrators and Directors.</P> <P>(e) The transfer of funds between work projects within each Deputy Administrator's or Director's area, except those not exceeding 10 percent of base funds or $50,000 in either work project, whichever is less.</P> <P>(f) The approval of any change in the formal organization, including a section, its equivalent, or higher level.</P> <P>(g) The making of recommendations to the Department concerning establishment, consolidation, change in location, or abolishment of any regional, State, area, and other field headquarters, and any region or other program area that involves two or more States, or that crosses State lines.</P> <P>(h) Authority to establish, consolidate, change a location, abolish any field office, or change program area boundaries not included in paragraph (g) of this section.</P> <P>(i) Approval of all appointments, promotions, and reassignments at the GS-14 level and above.</P> <P>(j) Authorization for foreign travel and for attendance at foreign and international meetings, including those held in the United States.</P> <P>(k) Approval of all appointments, promotions, and reassignments of employees to foreign countries.</P> <P>(l) Approval of program budgets.</P> <P>(m) Authority to determine the circumstances under which commuted traveltime allowances may be paid to employees performing inspections and necessary auxiliary services after normal working hours or on holidays, when these services come within the scope of the Act of August 28, 1950 (7 U.S.C. 2260).</P> </SECTION> <SECTION> <SECTNO>§ 371.14</SECTNO> <SUBJECT>Availability of information and records.</SUBJECT> <P>Any person desiring information or to comment on the programs and functions of the agency should address correspondence to the appropriate Deputy Administrator or Director, APHIS, U.S. Department of Agriculture, Washington, DC 20250. The availability of information and records of the agency is governed by the rules and regulations in part 370 of this chapter.</P> </SECTION> </PART> <PART> <EAR>Pt. 372</EAR> <HD SOURCE="HED">PART 372—NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES</HD> <CONTENTS> <SECHD>Sec.</SECHD> <SECTNO>372.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>372.2</SECTNO> <SUBJECT>Designation of responsible APHIS official.</SUBJECT> <SECTNO>372.3</SECTNO> <SUBJECT>Information and assistance.</SUBJECT> <SECTNO>372.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>372.5</SECTNO> <SUBJECT>Classification of actions.</SUBJECT> <SECTNO>372.6</SECTNO> <SUBJECT>Early planning for applicants and non-APHIS entities.</SUBJECT> <SECTNO>372.7</SECTNO> <SUBJECT>Consultation.</SUBJECT> <SECTNO>372.8</SECTNO> <SUBJECT>Major planning and decision points and public involvement.</SUBJECT> <SECTNO>372.9</SECTNO> <SUBJECT>Processing and use of environmental documents.</SUBJECT> <SECTNO>372.10</SECTNO> <SUBJECT>Supplementing environmental impact statements.</SUBJECT> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>42 U.S.C. 4321 <E T="03">et seq</E>.; 40 CFR parts 1500-1508; 7 CFR parts 1b, 2.22, 2.80, and 371.9.</P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>60 FR 6002, Feb. 1, 1995, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 372.1</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>These procedures implement section 102(2) of the National Environmental Policy Act by assuring early and adequate consideration of environmental <PRTPAGE P="483"/>factors in Animal and Plant Health Inspection Service planning and decisionmaking and by promoting the effective, efficient integration of all relevant environmental requirements under the National Environmental Policy Act. The goal of timely, relevant environmental analysis will be secured principally by adhering to the National Environmental Policy Act implementing regulations (40 CFR parts 1500-1508), especially provisions pertaining to timing (§ 1502.5), integration (§ 1502.25), and scope of analysis (§ 1508.25).</P> </SECTION> <SECTION> <SECTNO>§ 372.2</SECTNO> <SUBJECT>Designation of responsible APHIS official.</SUBJECT> <P>The Administrator of APHIS, or an agency official to whom the Administrator may formally delegate the task, is responsible for overall review of APHIS’ NEPA compliance.</P> </SECTION> <SECTION> <SECTNO>§ 372.3</SECTNO> <SUBJECT>Information and assistance.</SUBJECT> <P>Information, including the status of studies, and the availability of reference materials, as well as the informal interpretations of APHIS’ NEPA procedures and other forms of assistance, will be made available upon request to Environmental Analysis and Documentation, Biotechnology, Biologics, and Environmental Protection, APHIS, USDA, P.O. Drawer 810, Riverdale MD 20738, (301) 436-8565 (Hyattsville) or (301) 734-8565 (Riverdale).</P> </SECTION> <SECTION> <SECTNO>§ 372.4</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>The terminology set forth in the Council on Environmental Quality's (CEQ) implementing regulations at 40 CFR part 1508 is incorporated herein. In addition, the following terms, as used in these procedures, are defined as follows:</P> <P> <E T="03">APHIS.</E> The Animal and Plant Health Inspection Service (APHIS).</P> <P> <E T="03">Decisionmaker.</E> The agency official responsible for executing findings of no significant impact in the environmental assessment process and the record of decision in the environmental impact statement process.</P> <P> <E T="03">Department.</E> The United States Department of Agriculture (USDA).</P> <P> <E T="03">Environmental unit.</E> Environmental Analysis and Documentation, the analytical unit in Biotechnology, Biologics, and Environmental Protection responsible for coordinating APHIS’ compliance with the National Environmental Policy Act and other environmental laws and regulations.</P> </SECTION> <SECTION> <SECTNO>§ 372.5</SECTNO> <SUBJECT>Classification of actions.</SUBJECT> <P>(a) <E T="03">Actions normally requiring environmental impact statements.</E> This class of policymakings and rulemakings seeks to establish programmatic approaches to animal and plant health issues. Actions in this class typically involve the agency, an entire program, or a substantial program component and are characterized by their broad scope (often global or nationwide) and potential effect (impacting a wide range of environmental quality values or indicators, whether or not affected individuals or systems may be completely identified at the time). Ordinarily, new or untried methodologies, strategies, or techniques to deal with pervasive threats to animal and plant health are the subjects of this class of actions. Alternative means of dealing with those threats usually have not been well developed. Actions in this class include:</P> <P>(1) Formulation of contingent response strategies to combat future widespread outbreaks of animal and plant diseases; and</P> <P>(2) Adoption of strategic or other long-range plans that purport to adopt for future program application a preferred course of action.</P> <P>(b) <E T="03">Actions normally requiring environmental assessments but not necessarily environmental impact statements.</E> This class of APHIS actions may involve the agency as a whole or an entire program, but generally is related to a more discrete program component and is characterized by its limited scope (particular sites, species, or activities) and potential effect (impacting relatively few environmental values or systems). Individuals and systems that may be affected can be identified. Methodologies, strategies, and techniques employed to deal with the issues at hand are seldom new or untested. Alternative means of dealing with those issues are well established. Mitigation measures are generally available and have been successfully employed. Actions in this class include:<PRTPAGE P="484"/> </P> <P>(1) Policymakings and rulemakings that seek to remedy specific animal and plant health risks or that may affect opportunities on the part of the public to influence agency environmental planning and decisionmaking. Examples of this category of actions include:</P> <P>(i) Development of program plans that seek to adopt strategies, methods, and techniques as the means of dealing with particular animal and plant health risks that may arise in the future;</P> <P>(ii) Implementation of program plans at the site-specific, action level, except for actions that are categorically excluded, as provided in paragraph (c) of this section.</P> <P>(2) Planning, design, construction, or acquisition of new facilities, or proposals for modifications to existing facilities.</P> <P>(3) Disposition of waste and other hazardous or toxic materials at laboratories and other APHIS facilities, except for actions that are categorically excluded, as provided in paragraph (c) of this section.</P> <P>(4) Approvals and issuance of permits for proposals involving genetically engineered or nonindigenous species, except for actions that are categorically excluded, as provided in paragraph (c) of this section.</P> <P>(5) Research or testing that:</P> <P>(i) Will be conducted outside of a laboratory or other containment area (field trials, for example); or</P> <P>(ii) Reaches a stage of development (e.g., formulation of premarketing strategies) that forecasts an irretrievable commitment to the resulting products or technology.</P> <P>(c) <E T="03">Categorically excluded actions.</E> This class of APHIS actions shares many of the same characteristics—particularly in terms of the extent of program involvement, as well as the scope, effect of, and the availability of alternatives to proposed actions—as the class of actions that normally requires environmental assessments but not necessarily environmental impact statements. The major difference is that the means through which adverse environmental impacts may be avoided or minimized have actually been built right into the actions themselves. The efficacy of this approach generally has been established through testing and/or monitoring. The Department of Agriculture has also promulgated a listing of categorical exclusions that are applicable to all agencies within the department unless their procedures provide otherwise. Those categorical exclusions, codified at 7 CFR 1b.3(a), are entirely appropriate for APHIS. Other actions in this class include:</P> <P>(1) <E T="03">Routine measures.</E> (i) Routine measures, such as identifications, inspections, surveys, sampling that does not cause physical alteration of the environment, testing, seizures, quarantines, removals, sanitizing, inoculations, control, and monitoring employed by agency programs to pursue their missions and functions. Such measures may include the use—according to any label instructions or other lawful requirements and consistent with standard, published program practices and precautions—of chemicals, pesticides, or other potentially hazardous or harmful substances, materials, and target-specific devices or remedies, provided that such use meets all of the following criteria (insofar as they may pertain to a particular action):</P> <P>(A) The use is localized or contained in areas where humans are not likely to be exposed, and is limited in terms of quantity, i.e., individualized dosages and remedies;</P> <P>(B) The use will not cause contaminants to enter water bodies, including wetlands;</P> <P>(C) The use does not adversely affect any federally protected species or critical habitat; and</P> <P>(D) The use does not cause bioaccumulation.</P> <P>(ii) Examples of routine measures include:</P> <P>(A) Inoculation or treatment of discrete herds of livestock or wildlife undertaken in contained areas (such as a barn or corral, a zoo, an exhibition, or an aviary);</P> <P>(B) Pesticide treatments applied to infested plants at a nursery; and</P> <P>(C) Isolated (for example, along a highway) weed control efforts.</P> <P>(2) <E T="03">Research and development activities.</E> (i) Activities that are carried out in laboratories, facilities, or other areas <PRTPAGE P="485"/>designed to eliminate the potential for harmful environmental effects—internal or external—and to provide for lawful waste disposal.</P> <P>(ii) Examples of this category of actions include:</P> <P>(A) The development and/or production (including formulation, repackaging, movement, and distribution) of previously approved and/or licensed program materials, devices, reagents, and biologics;</P> <P>(B) Research, testing, and development of animal repellents; and</P> <P>(C) Development and production of sterile insects.</P> <P>(3) <E T="03">Licensing and permitting.</E> (i) Issuance of a license, permit, or authorization to ship for field testing previously unlicensed veterinary biological products;</P> <P>(ii) Permitting, or acknowledgment of notifications for, confined field releases of genetically engineered organisms and products; and</P> <P>(iii) Permitting of:</P> <P>(A) Importation of nonindigenous species into containment facilities,</P> <P>(B) Interstate movement of nonindigenous species between containment facilities, or</P> <P>(C) Releases into a State's environment of pure cultures of organisms that are either native or are established introductions.</P> <P>(4) <E T="03">Rehabilitation of facilities.</E> Rehabilitation of existing laboratories and other APHIS facilities, functional replacement of parts and equipment, and minor additions to such existing APHIS facilities.</P> <P>(d) <E T="03">Exceptions for categorically excluded actions.</E> Whenever the decisionmaker determines that a categorically excluded action may have the potential to affect “significantly” the quality of the “human environment,” as those terms are defined at 40 CFR 1508.27 and 1508.14, respectively, an environmental assessment or an environmental impact statement will be prepared. For example:</P> <P>(1) When any routine measure, the incremental impact of which, when added to other past, present, and reasonably foreseeable future actions (regardless of what agency or person undertakes such actions), has the potential for significant environmental impact;</P> <P>(2) When a previously licensed or approved biologic has been subsequently shown to be unsafe, or will be used at substantially higher dosage levels or for substantially different applications or circumstances than in the use for which the product was previously approved;</P> <P>(3) When a previously unlicensed veterinary biological product to be shipped for field testing contains live microorganisms or will not be used exclusively for <E T="03">in vitro</E> diagnostic testing; or</P> <P>(4) When a confined field release of genetically engineered organisms or products involves new species or organisms or novel modifications that raise new issues.</P> <CITA>[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 372.6</SECTNO> <SUBJECT>Early planning for applicants and non-APHIS entities.</SUBJECT> <P>Each prospective applicant who anticipates the need for approval of proposed activities classified as normally requiring environmental documentation is encouraged to contact, at the earliest opportunity, APHIS’ program staff.</P> <CITA>[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 372.7</SECTNO> <SUBJECT>Consultation.</SUBJECT> <P>Prospective applicants are encouraged to contact APHIS program officials to determine what types of environmental analyses or documentation, if any, need to be prepared. NEPA documents will incorporate, to the fullest extent possible, surveys and studies required by other environmental statutes, such as the Endangered Species Act.</P> <CITA>[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 372.8</SECTNO> <SUBJECT>Major planning and decision points and public involvement.</SUBJECT> <P>(a) <E T="03">Major planning and decisions points.</E> The NEPA process will be fully coordinated with APHIS planning in cooperation with program personnel. Specific decision points or milestones will be identified and communicated to <PRTPAGE P="486"/>the public and others in a notice of intent and in the context of the public scoping process.</P> <P>(b) <E T="03">Public involvement</E>. There will be an early and open process for determining the scope of issues to be addressed in the environmental impact statement process.</P> <P>(1) A notice of intent to prepare an environmental impact statement will be published in the <E T="04">Federal Register</E> as soon as it is determined that a proposed major Federal action has the potential to affect significantly the quality of the human environment. The notice may include a preliminary scope of environmental study. All public and other involvement in APHIS’ environmental impact statement process, including the scoping process, commenting on draft documents, and participation in the preparation of any supplemental documents, will be pursuant to CEQ's implementing regulations.</P> <P>(2) Opportunities for public involvement in the environmental assessment process will be announced in the same fashion as the availability of environmental assessments and findings of no significant impact.</P> <P>(3) Notification of the availability of environmental assessments and findings of no significant impact for proposed activities will be published in the <E T="04">Federal Register</E>, unless it is determined that the effects of the action are primarily of regional or local concern. Where the effects of the action are primarily of regional or local concern, notice will normally be provided through publication in a local or area newspaper of general circulation and/or the procedures implementing Executive Order 12372, “Intergovernmental Review of Federal Programs.”</P> <P>(4) All environmental documents, comments received, and any underlying documents, including interagency correspondence where such correspondence transmits comments of Federal agencies on the environmental impact of proposals for which documents were prepared (except for privileged or confidential information (50 FR 38561)), will be made available to the public upon request. Materials to be made available will be provided without charge, to the extent practicable, or at a fee not more than the actual cost of reproducing copies required to be sent to other Federal agencies, including CEQ.</P> </SECTION> <SECTION> <SECTNO>§ 372.9</SECTNO> <SUBJECT>Processing and use of environmental documents.</SUBJECT> <P>(a) Environmental assessments will be forwarded immediately upon completion to the decisionmaker for a determination of whether the proposed action may have significant effects on the quality of the human environment, and for the execution, as appropriate, of a finding of no significant impact or a notice of intent to prepare an environmental impact statement.</P> <P>(1) The availability of environmental assessments will be announced by publishing a notice consistent with the notification provisions of § 372.8.</P> <P>(2) Comments, if any, will be transmitted, together with any analyses and recommendations, to the APHIS decisionmaker who may then take appropriate action.</P> <P>(3) Changes to environmental assessments and findings of no significant impact that are prompted by comments, new information, or any other source, will normally be announced in the same manner as the notice of availability (except that all commenters will be mailed copies of changes directly) prior to implementing the proposed action or any alternative.</P> <P>(b) Environmental impact statements will be processed from inception (publication of the notice of intent) to completion (publication of a final environmental impact statement or a supplement) according to the Council on Environmental Quality implementing regulations.</P> <P>(c) For rulemaking or adjudicatory proceedings, relevant environmental documents, comments, and responses will be a part of the administrative record.</P> <P>(d) For all APHIS activity that is subject to the NEPA process, relevant environmental documents, comments, and responses will accompany proposals through the review process.</P> <P>(e) The APHIS decisionmaker will consider the alternatives discussed in environmental documents in reaching a determination on the merits of proposed actions.<PRTPAGE P="487"/> </P> <P>(f) APHIS will implement mitigation and other conditions established in environmental documentation and committed to as part of the decisionmaking process.</P> </SECTION> <SECTION> <SECTNO>§ 372.10</SECTNO> <SUBJECT>Supplementing environmental impact statements.</SUBJECT> <P>Once a decision to supplement an environmental impact statement is made, a notice of intent will be published. The administrative record will thereafter be open. The supplemental document will then be processed in the same fashion (exclusive of scoping) as a draft and a final statement (unless alternative procedures are approved by CEQ) and will become part of the administrative record.</P> </SECTION> </PART> <PART> <EAR>Pt. 380</EAR> <HD SOURCE="HED">PART 380—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>380.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTNO>380.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>7 U.S.C. 7702-7772; 16 U.S.C. 1540(a), 3373(a) and (b); 7 CFR 2.22, 2.80, and 371.3.</P> </AUTH> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 380.1</SECTNO> <SUBJECT>Scope and applicability of rules of practice.</SUBJECT> <P>(a) The Uniform Rules of Practice for the Department of Agriculture promulgated in subpart H of part 1, subtitle A, title 7 CFR are the Rules of Practice applicable to adjudicatory administrative proceedings under the following statutory provisions:</P> <P>(1) The Plant Protection Act, section 424 (7 U.S.C. 7734),</P> <P>(2) Endangered Species Act Amendments of 1973, as amended, section 11(a), 16 U.S.C. 1540(a), and</P> <P>(3) Lacey Act Amendments of 1981, as amended, section 4(a) and (b), (16 U.S.C. 3373 (a) and (b)).</P> <P>(b) In addition, the Supplemental Rules of Practice set forth in subpart B of this part are applicable to such proceedings.</P> <CITA>[66 FR 21061, Apr. 27, 2001]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Supplemental Rules of Practice</HD> <SECTION> <SECTNO>§ 380.10</SECTNO> <SUBJECT>Stipulations.</SUBJECT> <P>(a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 380.1, the Administrator, in his discretion, may enter into a stipulation with any person in which:</P> <P>(1) The Administrator or the Administrator's delegate gives notice of an apparent violation of the applicable Act, or the regulations issued thereunder, by such person and affords such person an opportunity for a hearing regarding the matter as provided by such Act;</P> <P>(2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and</P> <P>(3) The Administrator agrees to accept the specified penalty in settlement of the particular matter involved if the penalty is paid within the designated time.</P> <P>(b) If the specified penalty is not paid within the time designated in such a stipulation, the amount of the stipulated penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint.</P> <CITA>[48 FR 33468, July 22, 1983]</CITA> </SECTION> </SUBPART> </PART> <PART> <RESERVED>PARTS 381-399[RESERVED]</RESERVED> </PART> </CHAPTER> </SUBTITLE> FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.

Material Approved for Incorporation by Reference

Table of CFR Titles and Chapters

Alphabetical List of Agencies Appearing in the CFR

List of CFR Sections Affected

 Title 7—Agriculture Material Approved for Incorporation by Reference Material Approved for Incorporation by Reference (Revised as of January 1, 2002)

The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.

7 CFR (PARTS 300-399) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE 7 CFR Agriculture Department Animal and Plant Health Inspection Service, Documents Management Branch, Printing Distribution and Mail Section, 4700 River Road, Unit 1, Riverdale, MD. Plant Protection and Quarantine Treatment Manual, reprinted November 30, 1992, and all revisions through May 2000, including Treatments T101-n-2, T102-b, T102-e, and Table 5-2-5, revised July 2001 300.1; Parts 300, 301, 318, 319 Available from; Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954; Phone: 1-866-512-1800; 202-512-1800 if in Washington DC metropolitan area. Dry Kiln Operator's Manual, Agriculture Handbook 188, August 1991 300.1(b); Part 319 Agriculture Department Animal and Plant Health Inspection Service, Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD, 20737-1236. Reference Manual A: The Reference Manual for Administration, Procedures, and Policies of the National Seed Health System, February 25, 2000 300.1(c); 353.1; 353.9 Reference Manual B: The Reference Manual for Seed Health Testing and Phytosanitary Field Inspection Methods, February 27, 2001. 300.1(c); 353.1; 353.9 National Institutes of Standards and Technology (NIST) Available from: Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954; Phone: 1-866-512-1800; 202-512-1800 if in Washington DC metropolitan area.) Handbook 44—“Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” (1999 edition) 317.20(a); 381.121c(a) Chap. Table of CFR Titles and Chapters (Revised as of January 1, 2002) Title 1—General Provisions I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) IV Miscellaneous Agencies (Parts 400—500) Title 2—[Reserved] Title 3—The President I Executive Office of the President (Parts 100—199) Title 4—Accounts I General Accounting Office (Parts 1—99) Title 5—Administrative Personnel I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VII Advisory Commission on Intergovernmental Relations (Parts 1700—1799) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Part 2100) XIV Federal Labor Relations Authority, General Counsel of the Federal Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Part 3201) XXIII Department of Energy (Part 3301) XXIV Federal Energy Regulatory Commission (Part 3401) XXV Department of the Interior (Part 3501) XXVI Department of Defense (Part 3601) XXVIII Department of Justice (Part 3801) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Part 4301) XXXV Office of Personnel Management (Part 4501) XL Interstate Commerce Commission (Part 5001) XLI Commodity Futures Trading Commission (Part 5101) XLII Department of Labor (Part 5201) XLIII National Science Foundation (Part 5301) XLV Department of Health and Human Services (Part 5501) XLVI Postal Rate Commission (Part 5601) XLVII Federal Trade Commission (Part 5701) XLVIII Nuclear Regulatory Commission (Part 5801) L Department of Transportation (Part 6001) LII Export-Import Bank of the United States (Part 6201) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Part 6401) LVII General Services Administration (Part 6701) LVIII Board of Governors of the Federal Reserve System (Part 6801) LIX National Aeronautics and Space Administration (Part 6901) LX United States Postal Service (Part 7001) LXI National Labor Relations Board (Part 7101) LXII Equal Employment Opportunity Commission (Part 7201) LXIII Inter-American Foundation (Part 7301) LXV Department of Housing and Urban Development (Part 7501) LXVI National Archives and Records Administration (Part 7601) LXIX Tennessee Valley Authority (Part 7901) LXXI Consumer Product Safety Commission (Part 8101) LXXIII Department of Agriculture (Part 8301) LXXIV Federal Mine Safety and Health Review Commission (Part 8401) LXXVI Federal Retirement Thrift Investment Board (Part 8601) LXXVII Office of Management and Budget (Part 8701) Title 6—[Reserved] Title 7—Agriculture Subtitle A—Office of the Secretary of Agriculture (Parts 0—26) Subtitle B—Regulations of the Department of Agriculture I Agricultural Marketing Service (Standards, Inspections, Marketing Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Agriculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agriculture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700—799) VIII Grain Inspection, Packers and Stockyards Administration (Federal Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Orders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Orders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIII Northeast Dairy Compact Commission (Parts 1300—1399) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600—1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700—1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Department of Agriculture (Parts 1800—2099) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800—2899) XXIX Office of Energy, Department of Agriculture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199) XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV Cooperative State Research, Education, and Extension Service, Department of Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500—3599) XXXVI National Agricultural Statistics Service, Department of Agriculture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299) Title 8—Aliens and Nationality I Immigration and Naturalization Service, Department of Justice (Parts 1—599) Title 9—Animals and Animal Products I Animal and Plant Health Inspection Service, Department of Agriculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agriculture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599) Title 10—Energy I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799) XVIII Northeast Interstate Low-Level Radioactive Waste Commission (Part 1800) Title 11—Federal Elections I Federal Election Commission (Parts 1—9099) Title 12—Banks and Banking I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Department of the Treasury (Parts 1800—1899) Title 13—Business Credit and Assistance I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Commerce (Parts 300—399) IV Emergency Steel Guarantee Loan Board (Parts 400—499) V Emergency Oil and Gas Guaranteed Loan Board (Parts 500—599) Title 14—Aeronautics and Space I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Administration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200—1299) VI Office of Management and Budget (Parts 1300—1399) Title 15—Commerce and Foreign Trade Subtitle A—Office of the Secretary of Commerce (Parts 0—29) Subtitle B—Regulations Relating to Commerce and Foreign Trade I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Export Administration, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) Subtitle C—Regulations Relating to Foreign Trade Agreements XX Office of the United States Trade Representative (Parts 2000—2099) Subtitle D—Regulations Relating to Telecommunications and Information XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399) Title 16—Commercial Practices I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799) Title 17—Commodity and Securities Exchanges I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499) Title 18—Conservation of Power and Water Resources I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399) Title 19—Customs Duties I United States Customs Service, Department of the Treasury (Parts 1—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) Title 20—Employees' Benefits I Office of Workers' Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees' Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Employment Standards Administration, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans' Employment and Training, Department of Labor (Parts 1000—1099) Title 21—Food and Drugs I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499) Title 22—Foreign Relations I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V Broadcasting Board of Governors (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board Regulations (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799) Title 23—Highways I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399) Title 24—Housing and Urban Development Subtitle A—Office of the Secretary, Department of Housing and Urban Development (Parts 0—99) Subtitle B—Regulations Relating to Housing and Urban Development I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Housing and Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Development (Parts 400—499) V Office of Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Development (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (Section 8 Housing Assistance Programs, Section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, Department of Housing and Urban Development (Parts 900—999) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development (Parts 3200—3899) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199) Title 25—Indians I Bureau of Indian Affairs, Department of the Interior (Parts 1—299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Interior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Parts 1000—1199) VII Office of the Special Trustee for American Indians, Department of the Interior (Part 1200) Title 26—Internal Revenue I Internal Revenue Service, Department of the Treasury (Parts 1—899) Title 27—Alcohol, Tobacco Products and Firearms I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury (Parts 1—299) Title 28—Judicial Administration I Department of Justice (Parts 0—199) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799) VIII Court Services and Offender Supervision Agency for the District of Columbia (Parts 800—899) IX National Crime Prevention and Privacy Compact Council (Parts 900—999) XI Department of Justice and Department of State (Parts 1100—1199) Title 29—Labor Subtitle A—Office of the Secretary of Labor (Parts 0—99) Subtitle B—Regulations Relating to Labor I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Pension and Welfare Benefits Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999) Title 30—Mineral Resources I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Minerals Management Service, Department of the Interior (Parts 200—299) III Board of Surface Mining and Reclamation Appeals, Department of the Interior (Parts 300—399) IV Geological Survey, Department of the Interior (Parts 400—499) VI Bureau of Mines, Department of the Interior (Parts 600—699) VII Office of Surface Mining Reclamation and Enforcement, Department of the Interior (Parts 700—999) Title 31—Money and Finance: Treasury Subtitle A—Office of the Secretary of the Treasury (Parts 0—50) Subtitle B—Regulations Relating to Money and Finance I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899) IX Federal Claims Collection Standards (Department of the Treasury—Department of Justice) (Parts 900—999) Title 32—National Defense Subtitle A—Department of Defense I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) Subtitle B—Other Regulations Relating to National Defense XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800—2899) Title 33—Navigation and Navigable Waters I Coast Guard, Department of Transportation (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499) Title 34—Education Subtitle A—Office of the Secretary, Department of Education (Parts 1—99) Subtitle B—Regulations of the Offices of the Department of Education I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Department of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Education (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) XI National Institute for Literacy (Parts 1100—1199) Subtitle C—Regulations Relating to Education XII National Council on Disability (Parts 1200—1299) Title 35—Panama Canal I Panama Canal Regulations (Parts 1—299) Title 36—Parks, Forests, and Public Property I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XV Oklahoma City National Memorial Trust (Part 1501) XVI Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation (Parts 1600—1699) Title 37—Patents, Trademarks, and Copyrights I United States Patent and Trademark Office, Department of Commerce (Parts 1—199) II Copyright Office, Library of Congress (Parts 200—299) IV Assistant Secretary for Technology Policy, Department of Commerce (Parts 400—499) V Under Secretary for Technology, Department of Commerce (Parts 500—599) Title 38—Pensions, Bonuses, and Veterans' Relief I Department of Veterans Affairs (Parts 0—99) Title 39—Postal Service I United States Postal Service (Parts 1—999) III Postal Rate Commission (Parts 3000—3099) Title 40—Protection of Environment I Environmental Protection Agency (Parts 1—799) IV Environmental Protection Agency and Department of Justice (Parts 1400—1499) V Council on Environmental Quality (Parts 1500—1599) VI Chemical Safety and Hazard Investigation Board (Parts 1600—1699) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799) Title 41—Public Contracts and Property Management Subtitle B—Other Provisions Relating to Public Contracts 50 Public Contracts, Department of Labor (Parts 50-1—50-999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51-1—51-99) 60 Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Parts 60-1—60-999) 61 Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor (Parts 61-1—61-999) Subtitle C—Federal Property Management Regulations System 101 Federal Property Management Regulations (Parts 101-1—101-99) 102 Federal Management Regulation (Parts 102-1—102-299) 105 General Services Administration (Parts 105-1—105-999) 109 Department of Energy Property Management Regulations (Parts 109-1—109-99) 114 Department of the Interior (Parts 114-1—114-99) 115 Environmental Protection Agency (Parts 115-1—115-99) 128 Department of Justice (Parts 128-1—128-99) Subtitle D—Other Provisions Relating to Property Management [Reserved] Subtitle E—Federal Information Resources Management Regulations System 201 Federal Information Resources Management Regulation (Parts 201-1—201-99) [Reserved] Subtitle F—Federal Travel Regulation System 300 General (Parts 300-1—300-99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301-1—301-99) 302 Relocation Allowances (Parts 302-1—302-99) 303 Payment of Expenses Connected with the Death of Certain Employees (Part 303-70) 304 Payment from a Non-Federal Source for Travel Expenses (Parts 304-1—304-99) Title 42—Public Health I Public Health Service, Department of Health and Human Services (Parts 1—199) IV Centers for Medicare & Medicaid Services, Department of Health and Human Services (Parts 400—499) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999) Title 43—Public Lands: Interior Subtitle A—Office of the Secretary of the Interior (Parts 1—199) Subtitle B—Regulations Relating to Public Lands I Bureau of Reclamation, Department of the Interior (Parts 200—499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10005) Title 44—Emergency Management and Assistance I Federal Emergency Management Agency (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499) Title 45—Public Welfare Subtitle A—Department of Health and Human Services (Parts 1—199) Subtitle B—Regulations Relating to Public Welfare II Office of Family Assistance (Assistance Programs), Administration for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforcement Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200—1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400—2499) XXV Corporation for National and Community Service (Parts 2500—2599) Title 46—Shipping I Coast Guard, Department of Transportation (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Transportation (Parts 400—499) IV Federal Maritime Commission (Parts 500—599) Title 47—Telecommunication I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399) Title 48—Federal Acquisition Regulations System 1 Federal Acquisition Regulation (Parts 1—99) 2 Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 United States Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management Federal Employees Health Benefits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800—1899) 19 Broadcasting Board of Governors (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400—2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999) 34 Department of Education Acquisition Regulation (Parts 3400—3499) 35 Panama Canal Commission (Parts 3500—3599) 44 Federal Emergency Management Agency (Parts 4400—4499) 51 Department of the Army Acquisition Regulations (Parts 5100—5199) 52 Department of the Navy Acquisition Regulations (Parts 5200—5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) 54 Defense Logistics Agency, Department of Defense (Part 5452) 57 African Development Foundation (Parts 5700—5799) 61 General Services Administration Board of Contract Appeals (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procurement Policy, Office of Management and Budget (Parts 9900—9999) Title 49—Transportation Subtitle A—Office of the Secretary of Transportation (Parts 1—99) Subtitle B—Other Regulations Relating to Transportation I Research and Special Programs Administration, Department of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Motor Carrier Safety Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Transportation (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399) XI Bureau of Transportation Statistics, Department of Transportation (Parts 1400—1499) XII Transportation Security Administration, Department of Transportation (Parts 1500—1599) Title 50—Wildlife and Fisheries I United States Fish and Wildlife Service, Department of the Interior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 200—299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee Regulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699) CFR Index and Finding Aids Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR Alphabetical List of Agencies Appearing in the CFR (Revised as of January 1, 2002) Agency CFR Title, Subtitle or Chapter Administrative Committee of the Federal Register 1, I Advanced Research Projects Agency 32, I Advisory Commission on Intergovernmental Relations 5, VII Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development, United States 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department 5, LXXIII Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Cooperative State Research, Education, and Extension Service 7, XXXIV Economic Research Service 7, XXXVII Energy, Office of 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Alcohol, Tobacco and Firearms, Bureau of 27, I AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX Architectural and Transportation Barriers Compliance Board 36, XI Arctic Research Commission 45, XXIII Armed Forces Retirement Home 5, XI Army Department 32, V Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 51 Benefits Review Board 20, VII Bilingual Education and Minority Languages Affairs, Office of 34, V Blind or Severely Disabled, Committee for Purchase From People Who Are 41, 51 Broadcasting Board of Governors 22, V Federal Acquisition Regulation 48, 19 Census Bureau 15, I Central Intelligence Agency 32, XIX Chief Financial Officer, Office of 7, XXX Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X Civil Rights, Commission on 45, VII Civil Rights, Office for 34, I Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commerce Department 44, IV Census Bureau 15, I Economic Affairs, Under Secretary 37, V Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Emergency Management and Assistance 44, IV Export Administration, Bureau of 15, VII Federal Acquisition Regulation 48, 13 Fishery Conservation and Management 50, VI Foreign-Trade Zones Board 15, IV International Trade Administration 15, III; 19, III National Institute of Standards and Technology 15, II National Marine Fisheries Service 50, II, IV, VI National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Telecommunications and Information Administration 15, XXIII; 47, III National Weather Service 15, IX Patent and Trademark Office, United States 37, I Productivity, Technology and Innovation, Assistant Secretary for 37, IV Secretary of Commerce, Office of 15, Subtitle A Technology, Under Secretary for 37, V Technology Administration 15, XI Technology Policy, Assistant Secretary for 37, IV Commercial Space Transportation 14, III Commodity Credit Corporation 7, XIV Commodity Futures Trading Commission 5, XLI; 17, I Community Planning and Development, Office of Assistant Secretary for 24, V, VI Community Services, Office of 45, X Comptroller of the Currency 12, I Construction Industry Collective Bargaining Commission 29, IX Consumer Product Safety Commission 5, LXXI; 16, II Cooperative State Research, Education, and Extension Service 7, XXXIV Copyright Office 37, II Corporation for National and Community Service 45, XII, XXV Cost Accounting Standards Board 48, 99 Council on Environmental Quality 40, V Court Services and Offender Supervision Agency for the District of Columbia 28, VIII Customs Service, United States 19, I Defense Contract Audit Agency 32, I Defense Department 5, XXVI; 32, Subtitle A; 40, VII Advanced Research Projects Agency 32, I Air Force Department 32, VII Army Department 32, V; 33, II; 36, III, 48, 51 Defense Intelligence Agency 32, I Defense Logistics Agency 32, I, XII; 48, 54 Engineers, Corps of 33, II; 36, III Federal Acquisition Regulation 48, 2 National Imagery and Mapping Agency 32, I Navy Department 32, VI; 48, 52 Secretary of Defense, Office of 32, I Defense Contract Audit Agency 32, I Defense Intelligence Agency 32, I Defense Logistics Agency 32, XII; 48, 54 Defense Nuclear Facilities Safety Board 10, XVII Delaware River Basin Commission 18, III District of Columbia, Court Services and Offender Supervision Agency for the 28, VIII Drug Enforcement Administration 21, II East-West Foreign Trade Board 15, XIII Economic Affairs, Under Secretary 37, V Economic Analysis, Bureau of 15, VIII Economic Development Administration 13, III Economic Research Service 7, XXXVII Education, Department of 5, LIII Bilingual Education and Minority Languages Affairs, Office of 34, V Civil Rights, Office for 34, I Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Federal Acquisition Regulation 48, 34 Postsecondary Education, Office of 34, VI Secretary of Education, Office of 34, Subtitle A Special Education and Rehabilitative Services, Office of 34, III Vocational and Adult Education, Office of 34, IV Educational Research and Improvement, Office of 34, VII Elementary and Secondary Education, Office of 34, II Emergency Oil and Gas Guaranteed Loan Board 13, V Emergency Steel Guarantee Loan Board 13, IV Employees' Compensation Appeals Board 20, IV Employees Loyalty Board 5, V Employment and Training Administration 20, V Employment Standards Administration 20, VI Endangered Species Committee 50, IV Energy, Department of 5, XXIII; 10, II, III, X Federal Acquisition Regulation 48, 9 Federal Energy Regulatory Commission 5, XXIV; 18, I Property Management Regulations 41, 109 Energy, Office of 7, XXIX Engineers, Corps of 33, II; 36, III Engraving and Printing, Bureau of 31, VI Environmental Protection Agency 5, LIV; 40, I, IV, VII Federal Acquisition Regulation 48, 15 Property Management Regulations 41, 115 Environmental Quality, Office of 7, XXXI Equal Employment Opportunity Commission 5, LXII; 29, XIV Equal Opportunity, Office of Assistant Secretary for 24, I Executive Office of the President 3, I Administration, Office of 5, XV Environmental Quality, Council on 40, V Management and Budget, Office of 5, III, LXXVII; 14, VI; 48, 99 National Drug Control Policy, Office of 21, III National Security Council 32, XXI; 47, 2 Presidential Documents 3 Science and Technology Policy, Office of 32, XXIV; 47, II Trade Representative, Office of the United States 15, XX Export Administration, Bureau of 15, VII Export-Import Bank of the United States 5, LII; 12, IV Family Assistance, Office of 45, II Farm Credit Administration 5, XXXI; 12, VI Farm Credit System Insurance Corporation 5, XXX; 12, XIV Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 1 Federal Aviation Administration 14, I Commercial Space Transportation 14, III Federal Claims Collection Standards 31, IX Federal Communications Commission 5, XXIX; 47, I Federal Contract Compliance Programs, Office of 41, 60 Federal Crop Insurance Corporation 7, IV Federal Deposit Insurance Corporation 5, XXII; 12, III Federal Election Commission 11, I Federal Emergency Management Agency 44, I Federal Acquisition Regulation 48, 44 Federal Employees Group Life Insurance Federal Acquisition Regulation 48, 21 Federal Employees Health Benefits Acquisition Regulation 48, 16 Federal Energy Regulatory Commission 5, XXIV; 18, I Federal Financial Institutions Examination Council 12, XI Federal Financing Bank 12, VIII Federal Highway Administration 23, I, II Federal Home Loan Mortgage Corporation 1, IV Federal Housing Enterprise Oversight Office 12, XVII Federal Housing Finance Board 12, IX Federal Labor Relations Authority, and General Counsel of the Federal Labor Relations Authority 5, XIV; 22, XIV Federal Law Enforcement Training Center 31, VII Federal Management Regulation 41, 102 Federal Maritime Commission 46, IV Federal Mediation and Conciliation Service 29, XII Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII Federal Motor Carrier Safety Administration 49, III Federal Prison Industries, Inc. 28, III Federal Procurement Policy Office 48, 99 Federal Property Management Regulations 41, 101 Federal Railroad Administration 49, II Federal Register, Administrative Committee of 1, I Federal Register, Office of 1, II Federal Reserve System 12, II Board of Governors 5, LVIII Federal Retirement Thrift Investment Board 5, VI, LXXVI Federal Service Impasses Panel 5, XIV Federal Trade Commission 5, XLVII; 16, I Federal Transit Administration 49, VI Federal Travel Regulation System 41, Subtitle F Fine Arts, Commission on 45, XXI Fiscal Service 31, II Fish and Wildlife Service, United States 50, I, IV Fishery Conservation and Management 50, VI Food and Drug Administration 21, I Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Foreign Assets Control, Office of 31, V Foreign Claims Settlement Commission of the United States 45, V Foreign Service Grievance Board 22, IX Foreign Service Impasse Disputes Panel 22, XIV Foreign Service Labor Relations Board 22, XIV Foreign-Trade Zones Board 15, IV Forest Service 36, II General Accounting Office 4, I General Services Administration 5, LVII; 41, 105 Contract Appeals, Board of 48, 61 Federal Acquisition Regulation 48, 5 Federal Management Regulation 41, 102 Federal Property Management Regulation 41, 101 Federal Travel Regulation System 41, Subtitle F General 41, 300 Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain Employees 41, 303 Relocation Allowances 41, 302 Temporary Duty (TDY) Travel Allowances 41, 301 Geological Survey 30, IV Government Ethics, Office of 5, XVI Government National Mortgage Association 24, III Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Harry S. Truman Scholarship Foundation 45, XVIII Health and Human Services, Department of 5, XLV; 45, Subtitle A Child Support Enforcement, Office of 45, III Children and Families, Administration for 45, II, III, IV, X Community Services, Office of 45, X Family Assistance, Office of 45, II Federal Acquisition Regulation 48, 3 Food and Drug Administration 21, I Centers for Medicare & Medicaid Services 42, IV Human Development Services, Office of 45, XIII Indian Health Service 25, V Inspector General (Health Care), Office of 42, V Public Health Service 42, I Refugee Resettlement, Office of 45, IV Centers for Medicare & Medicaid Services 42, IV Housing and Urban Development, Department of 5, LXV; 24, Subtitle B Community Planning and Development, Office of Assistant Secretary for 24, V, VI Equal Opportunity, Office of Assistant Secretary for 24, I Federal Acquisition Regulation 48, 24 Federal Housing Enterprise Oversight, Office of 12, XVII Government National Mortgage Association 24, III Housing—Federal Housing Commissioner, Office of Assistant Secretary for 24, II, VIII, X, XX Housing, Office of, and Multifamily Housing Assistance Restructuring, Office of 24, IV Inspector General, Office of 24, XII Public and Indian Housing, Office of Assistant Secretary for 24, IX Secretary, Office of 24, Subtitle A, VII Housing—Federal Housing Commissioner, Office of Assistant Secretary for 24, II, VIII, X, XX Housing, Office of, and Multifamily Housing Assistance Restructuring, Office of 24, IV Human Development Services, Office of 45, XIII Immigration and Naturalization Service 8, I Independent Counsel, Office of 28, VII Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI Indian Arts and Crafts Board 25, II Indian Health Service 25, V Information Resources Management, Office of 7, XXVII Information Security Oversight Office, National Archives and Records Administration 32, XX Inspector General Agriculture Department 7, XXVI Health and Human Services Department 42, V Housing and Urban Development Department 24, XII Institute of Peace, United States 22, XVII Inter-American Foundation 5, LXIII; 22, X Intergovernmental Relations, Advisory Commission on 5, VII Interior Department American Indians, Office of the Special Trustee 25, VII Endangered Species Committee 50, IV Federal Acquisition Regulation 48, 14 Federal Property Management Regulations System 41, 114 Fish and Wildlife Service, United States 50, I, IV Geological Survey 30, IV Indian Affairs, Bureau of 25, I, V Indian Affairs, Office of the Assistant Secretary 25, VI Indian Arts and Crafts Board 25, II Land Management, Bureau of 43, II Minerals Management Service 30, II Mines, Bureau of 30, VI National Indian Gaming Commission 25, III National Park Service 36, I Reclamation, Bureau of 43, I Secretary of the Interior, Office of 43, Subtitle A Surface Mining and Reclamation Appeals, Board of 30, III Surface Mining Reclamation and Enforcement, Office of 30, VII Internal Revenue Service 26, I International Boundary and Water Commission, United States and Mexico, United States Section 22, XI International Development, United States Agency for 22, II Federal Acquisition Regulation 48, 7 International Development Cooperation Agency, United States 22, XII International Fishing and Related Activities 50, III International Investment, Office of 31, VIII International Joint Commission, United States and Canada 22, IV International Organizations Employees Loyalty Board 5, V International Trade Administration 15, III; 19, III International Trade Commission, United States 19, II Interstate Commerce Commission 5, XL James Madison Memorial Fellowship Foundation 45, XXIV Japan-United States Friendship Commission 22, XVI Joint Board for the Enrollment of Actuaries 20, VIII Justice Department 5, XXVIII; 28, I, XI; 40, IV Drug Enforcement Administration 21, II Federal Acquisition Regulation 48, 28 Federal Claims Collection Standards 31, IX Federal Prison Industries, Inc. 28, III Foreign Claims Settlement Commission of the United States 45, V Immigration and Naturalization Service 8, I Offices of Independent Counsel 28, VI Prisons, Bureau of 28, V Property Management Regulations 41, 128 Labor Department 5, XLII Benefits Review Board 20, VII Employees' Compensation Appeals Board 20, IV Employment and Training Administration 20, V Employment Standards Administration 20, VI Federal Acquisition Regulation 48, 29 Federal Contract Compliance Programs, Office of 41, 60 Federal Procurement Regulations System 41, 50 Labor-Management Standards, Office of 29, II, IV Mine Safety and Health Administration 30, I Occupational Safety and Health Administration 29, XVII Pension and Welfare Benefits Administration 29, XXV Public Contracts 41, 50 Secretary of Labor, Office of 29, Subtitle A Veterans' Employment and Training Service, Office of the Assistant Secretary for 41, 61; 20, IX Wage and Hour Division 29, V Workers' Compensation Programs, Office of 20, I Labor-Management Standards, Office of 29, II, IV Land Management, Bureau of 43, II Legal Services Corporation 45, XVI Library of Congress 36, VII Copyright Office 37, II Management and Budget, Office of 5, III, LXXVII; 14, VI; 48, 99 Marine Mammal Commission 50, V Maritime Administration 46, II Merit Systems Protection Board 5, II Micronesian Status Negotiations, Office for 32, XXVII Mine Safety and Health Administration 30, I Minerals Management Service 30, II Mines, Bureau of 30, VI Minority Business Development Agency 15, XIV Miscellaneous Agencies 1, IV Monetary Offices 31, I Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation 36, XVI National Aeronautics and Space Administration 5, LIX; 14, V Federal Acquisition Regulation 48, 18 National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI National and Community Service, Corporation for 45, XII, XXV National Archives and Records Administration 5, LXVI; 36, XII Information Security Oversight Office 32, XX National Bureau of Standards 15, II National Capital Planning Commission 1, IV National Commission for Employment Policy 1, IV National Commission on Libraries and Information Science 45, XVII National Council on Disability 34, XII National Counterintelligence Center 32, XVIII National Credit Union Administration 12, VII National Crime Prevention and Privacy Compact Council 28, IX National Drug Control Policy, Office of 21, III National Foundation on the Arts and the Humanities 45, XI National Highway Traffic Safety Administration 23, II, III; 49, V National Imagery and Mapping Agency 32, I National Indian Gaming Commission 25, III National Institute for Literacy 34, XI National Institute of Standards and Technology 15, II National Labor Relations Board 5, LXI; 29, I National Marine Fisheries Service 50, II, IV, VI National Mediation Board 29, X National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI National Park Service 36, I National Railroad Adjustment Board 29, III National Railroad Passenger Corporation (AMTRAK) 49, VII National Science Foundation 5, XLIII; 45, VI Federal Acquisition Regulation 48, 25 National Security Council 32, XXI National Security Council and Office of Science and Technology Policy 47, II National Telecommunications and Information Administration 15, XXIII; 47, III National Transportation Safety Board 49, VIII National Weather Service 15, IX Natural Resources Conservation Service 7, VI Navajo and Hopi Indian Relocation, Office of 25, IV Navy Department 32, VI Federal Acquisition Regulation 48, 52 Neighborhood Reinvestment Corporation 24, XXV Northeast Dairy Compact Commission 7, XIII Northeast Interstate Low-Level Radioactive Waste Commission 10, XVIII Nuclear Regulatory Commission 5, XLVIII; 10, I Federal Acquisition Regulation 48, 20 Occupational Safety and Health Administration 29, XVII Occupational Safety and Health Review Commission 29, XX Offices of Independent Counsel 28, VI Oklahoma City National Memorial Trust 36, XV Operations Office 7, XXVIII Overseas Private Investment Corporation 5, XXXIII; 22, VII Panama Canal Commission 48, 35 Panama Canal Regulations 35, I Patent and Trademark Office, United States 37, I Payment From a Non-Federal Source for Travel Expenses 41, 304 Payment of Expenses Connected With the Death of Certain Employees 41, 303 Peace Corps 22, III Pennsylvania Avenue Development Corporation 36, IX Pension and Welfare Benefits Administration 29, XXV Pension Benefit Guaranty Corporation 29, XL Personnel Management, Office of 5, I, XXXV; 45, VIII Federal Acquisition Regulation 48, 17 Federal Employees Group Life Insurance Federal Acquisition Regulation 48, 21 Federal Employees Health Benefits Acquisition Regulation 48, 16 Postal Rate Commission 5, XLVI; 39, III Postal Service, United States 5, LX; 39, I Postsecondary Education, Office of 34, VI President's Commission on White House Fellowships 1, IV Presidential Documents 3 Presidio Trust 36, X Prisons, Bureau of 28, V Procurement and Property Management, Office of 7, XXXII Productivity, Technology and Innovation, Assistant Secretary 37, IV Public Contracts, Department of Labor 41, 50 Public and Indian Housing, Office of Assistant Secretary for 24, IX Public Health Service 42, I Railroad Retirement Board 20, II Reclamation, Bureau of 43, I Refugee Resettlement, Office of 45, IV Regional Action Planning Commissions 13, V Relocation Allowances 41, 302 Research and Special Programs Administration 49, I Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Saint Lawrence Seaway Development Corporation 33, IV Science and Technology Policy, Office of 32, XXIV Science and Technology Policy, Office of, and National Security Council 47, II Secret Service 31, IV Securities and Exchange Commission 17, II Selective Service System 32, XVI Small Business Administration 13, I Smithsonian Institution 36, V Social Security Administration 20, III; 48, 23 Soldiers' and Airmen's Home, United States 5, XI Special Counsel, Office of 5, VIII Special Education and Rehabilitative Services, Office of 34, III State Department 22, I; 28, XI Federal Acquisition Regulation 48, 6 Surface Mining and Reclamation Appeals, Board of 30, III Surface Mining Reclamation and Enforcement, Office of 30, VII Surface Transportation Board 49, X Susquehanna River Basin Commission 18, VIII Technology Administration 15, XI Technology Policy, Assistant Secretary for 37, IV Technology, Under Secretary for 37, V Tennessee Valley Authority 5, LXIX; 18, XIII Thrift Supervision Office, Department of the Treasury 12, V Trade Representative, United States, Office of 15, XX Transportation, Department of 5, L Coast Guard 33, I; 46, I; 49, IV Coast Guard (Great Lakes Pilotage) 46, III Commercial Space Transportation 14, III Contract Appeals, Board of 48, 63 Emergency Management and Assistance 44, IV Federal Acquisition Regulation 48, 12 Federal Aviation Administration 14, I Federal Highway Administration 23, I, II Federal Motor Carrier Safety Administration 49, III Federal Railroad Administration 49, II Federal Transit Administration 49, VI Maritime Administration 46, II National Highway Traffic Safety Administration 23, II, III; 49, V Research and Special Programs Administration 49, I Saint Lawrence Seaway Development Corporation 33, IV Secretary of Transportation, Office of 14, II; 49, Subtitle A Surface Transportation Board 49, X Transportation Security Administration 49, XII Transportation Statistics Bureau 49, XI Transportation, Office of 7, XXXIII Transportation Security Administration 49, XII Transportation Statistics Brureau 49, XI Travel Allowances, Temporary Duty (TDY) 41, 301 Treasury Department 5, XXI; 12, XV; 17, IV; 31, IX Alcohol, Tobacco and Firearms, Bureau of 27, I Community Development Financial Institutions Fund 12, XVIII Comptroller of the Currency 12, I Customs Service, United States 19, I Engraving and Printing, Bureau of 31, VI Federal Acquisition Regulation 48, 10 Federal Law Enforcement Training Center 31, VII Fiscal Service 31, II Foreign Assets Control, Office of 31, V Internal Revenue Service 26, I International Investment, Office of 31, VIII Monetary Offices 31, I Secret Service 31, IV Secretary of the Treasury, Office of 31, Subtitle A Thrift Supervision, Office of 12, V Truman, Harry S. Scholarship Foundation 45, XVIII United States and Canada, International Joint Commission 22, IV United States and Mexico, International Boundary and Water Commission, United States Section 22, XI Utah Reclamation Mitigation and Conservation Commission 43, III Veterans Affairs Department 38, I Federal Acquisition Regulation 48, 8 Veterans' Employment and Training Service, Office of the Assistant Secretary for 41, 61; 20, IX Vice President of the United States, Office of 32, XXVIII Vocational and Adult Education, Office of 34, IV Wage and Hour Division 29, V Water Resources Council 18, VI Workers' Compensation Programs, Office of 20, I World Agricultural Outlook Board 7, XXXVIII 7 CFR (1-1-02 Edition) List of CFR Sections Affected List of CFR Sections Affected

All changes in this volume of the Code of Federal Regulations which were made by documents published in the Federal Register since January 1, 1986, are enumerated in the following list. Entries indicate the nature of the changes effected. Page numbers refer to Federal Register pages. The user should consult the entries for chapters and parts as well as sections for revisions.

For the period before January 1, 1986, see the “List of CFR Sections Affected, 1949-1963, 1964-1972, and 1973-1985” published in seven separate volumes.

1986 7 CFR 51 FR Page Chapter III 301Authority citation revised 22268 301.45—301.45-14 (Subpart)Heading revised 21137 301.45(a) amended; interim 16997 (a) amended 21137 Confirmed 30836 301.45-1(b) removed; (j) amended; (k) and (x) revised 21137 301.45-2(a) introductory text and (2) and (b) amended; (c) revised 21137 301.45-2aRevised; interim 16997 Confirmed 30836 301.45-3(b) and (c) amended 21137 301.45-4(a)(1), (2), and (3) and (b) amended 21137 301.45-5(a) amended 21137 301.45-8Amended 21137 301.45-9Heading and text amended 21137 301.45—301.45-14 (Subpart)Appendix amended 21137 301.52-2aAmended; interim 10184, 21499 Confirmed 44033 301.75—301.75-16 (Subpart)Authority citation revised 31606 301.75-4(a) corrected 2873 301.75-15Revised; interim 31606 301.75-16Revised; interim 31607 301.80-2aRevised; interim 21504 Confirmed 36682 301.81-2aRevised; interim 26856 Confirmed 41932 301.85-2aRevised; interim 30050 Confirmed 41931 301.93—301.93-10 (Subpart)Removed; interim 22268 Added; interim 33867 Removed; interim 44444 301.94—301.94-9 (Subpart)Removed 9625 302Authority citation revised 44588 302.4(c)(2) revised 44588 302.6(c)(1) revised; (c)(2) amended 44588 318Enforcement policy 9949 319.56-2hAdded; interim 6214 Addition confirmed 35627 319.56-2iAdded; interim 6215 Addition confirmed 35627 354Authority citation revised 24512 354.2Table amended 7545, 24512 370Authority citation revised 30836 370.4Amended 30836 370.5(a) amended 30837 371.1(b) revised; (c)(4) added 11703 371.2(h) added 11703 371.6Redesignated as 371.8 and (b)(1) and (d) revised; new 371.6 added 11704 371.7Redesignated as 371.9 11704 371.8Redesignated as 371.10; new 371.8 redesignated from 371.6 and (b)(1) and (d) revised 11704 371.9Redesignated as 371.11; new 371.9 redesignated from 371.7 11704 371.10Redesignated from 371.8 11704 371.11Redesignated from 371.9 11704 1987 7 CFR 52 FR Page Chapter III 300Revised 1179 Authority citation revised 6952 300.1Revised; interim 6952 (a) revised; interim 45596 300.3Removed; interim 6952 301Authority citation revised; section and subpart authority citations removed 27532 Authority citation revised 41288 301.52(b) revised 26943 301.52-1(q) amended; footnote 1 redesignated as footnote 2 26943 301.52-2Heading amended; (b) removed 26943 301.52-2aAmended; interim 12364 301.52-2bRemoved 26943 301.52-3(b)(1) removed; (b) (2) through (5) redesignated as (b) (1) through (4); (c) amended 26943 301.75-6(e) added 7563 301.75-7(e) and (f) added 7563 301.75-15Revision confirmed 1180 301.75-16Revision confirmed 1180 301.78—301.78-10 (Subpart)Added; interim 10360, 33221 Removed; interim 27529 Removal confirmed 43049 Addition at 52 FR 33221 confirmed; eff. 1-20-88 48182 301.78-1Corrected 36863 301.78-3(c) amended; interim 35060 301.78-6(b) corrected 36863 301.78-8(a) corrected 36863 301.80-2aRevised; interim 25580 Confirmed; eff. 1-15-88 47688 301.81(a) amended; interim 32908 (a) amendment confirmed; eff. 1-20-88 48181 301.81-2aRevised; interim 32908 Corrected 35350 Revision confirmed; eff. 1-20-88 48181 301.83Revised 32291 301.87-1Amended 31374 301.87-2(d) redesignated as (e) and amended; new (d) added 31374 301.87-10(e) added 31374 301.93—301.93-10 (Subpart)Removal confirmed 9285 Added 27532 Addition confirmed 43050 301.93-3(c) amended; interim 29174, 39900, 41288, 45598 301.96—301.96-10 (Subpart)Added; interim 47370 318Authority citation revised; section authority citations removed 8864 318.13-1(i) and (l) revised 8864 318.13-2(a) text redesignated as (a)(1); (a)(2) added 8864 318.13-3(b) text redesignated as (b)(1); (b)(2) added 8864 318.13-4(c) amended 8864 318.13-4gAdded 8865 318.13-17Revised 8865 319.28(b) introductory text and (6) and (g) revised; (h) and (i) added 32291 319.56-1Amended 29370 319.56-2(e) revised; (f) redesignated as (g) and new (f) added; OMB number 29370 319.56-2hAddition reconfirmed 2099 Removed; interim 47373 319.56-2iAddition reconfirmed 2099 Removed; interim 47373 319.56-2rAdded 46058 330Authority citation revised 22907 Authority citation revised; section authority citations removed 49344 330.100(h) revised 22907 Meetings 25861 Amended; eff. 2-1-88 49344 330.111Added; eff. 2-1-88 49344 340Added 22908 Meetings 25861 352Authority citation revised 27671 352.29Added; interim 27671 Confirmed; eff. 1-13-88 47375 Technical correction 48905 354.1(a)(1) revised 16822 354.2Table amended 10365, 12898, 41946 1988 7 CFR 53 FR Page Chapter III 300.1(a) revised 10526, 28182 301Authority citation revised 11828, 13242 301.45(a) amended; interim 34018 Regulation at 53 FR 34018 confirmed; eff. 1-12-89 49974 301.45-2aRevised; interim 34018 Regulation at 53 FR 34018 confirmed; eff. 1-12-89 49974 301.52(b)(10)(ii) revised 4842 (a) amended; interim 36432 301.52-2aAmendment confirmed 733 Amended; interim 36432 301.75—301.75-16 (Subpart)Amended; footnotes 2 and 5 removed; footnotes 3 and 4 redesignated as footnotes 2 and 3; nomenclature change 4004 Nomenclature change; interim 13242 Nomenclature change confirmed 44173 301.75-1Amended 4004 301.75-4(a) revised; interim 13242 (a) revision confirmed 44173 301.75-7(a) introductory text revised; (b) through (f) redesignated as (c) through (g); new (b) and (h) added; new (c) revised; new (d) through (g) headings added 4005 (b)(6) amended; interim 45073 301.75-12(c) and (d) added 4006 301.78—301.78-10 (Subpart)Removed; interim 3850 Removal confirmed 18259 Added; interim 29636 301.78-3(c) amended; interim 40866, 46845 301.80-2aRevised; interim 24924 Revision confirmed 43673 301.92—301.92-10 (Subpart)Added; interim 11828 Removed; interim 16538 Removal confirmed 35426 301.92-1Amended; interim 15655 301.92-3(c) revised; interim 15655 301.92-5Footnote 2 and (c)(1) and (d)(1) amended; interim 15655 301.92-7(a) amended; interim 15655 301.92-10(a) and (b) amended; interim 15655 301.93—301.93-10 (Subpart)Removed; interim 17912 Removal confirmed 33099 301.93-3(c) amendment confirmed 6784, 6965, 7878 301.96—301.96-10 (Subpart)Removed; interim 17914 Removal confirmed 33100 301.97—301.97-10 (Subpart)Added; interim 3853 Removed; interim 17913 Removal confirmed 33098 318.13-4g(a) and (c) amended; (d)(1) revised; footnote 2 added 12910 318.13-5Amended; footnote 1 redesignated as footnote 3 12910 318.13-13(a) and (b) amended; footnotes 2 and 3 redesignated as footnotes 4 and 5 12910 319.28(b) introductory text and (1) revised 50508 319.56-2Nomenclature change; (g) redesignated as (i); new (g) and (h) added 10057 (h) amended; interim 27956 Regulation at 53 FR 27956 confirmed eff. 1-17-89 50509 319.56-2hRemoval confirmed 16539 319.56-2iRemoval confirmed 16539 319.56-6(c) amended 15358 330Authority citation revised 49975 330.100Amended; eff. 1-12-89 49976 330.400Heading and (a) revised; (b), (c) and (d) redesignated as (g), (h) and (i); new (b), (c), (d), (e) and (f) added; new (g)(1), (h), (i) (1) and (2) amended; eff. 1-12-89 49976 340.1Amended 12913 340.2Heading revised; existing introductory text designated as (a); new (a) heading and (b) added 12913 353.1(b)(4) revised 1332 354.1(a)(1) revised 7490, 52975 354.2Table amended 1741, 15656, 34021, 35427, 47800, 50509 1989 7 CFR 54 FR Page Chapter III 300.1(a) revised 12871 300.2(a) amended; (b) revised 12871 301Authority citation revised 38645 301.38—301.38-8 (Subpart)Revised 32791 301.38-1Corrected 38494 301.38-2(b) and (c) corrected 38494 301.38-6(a) corrected 38494 301.38-8Corrected 38494 301.45(a) amended; interim 31007 301.45-2aAmended; interim 31007 301.52Regulation at 53 FR 36432 confirmed 801 301.52-2aRegulation at 53 FR 36432 confirmed 801 301.75-1Amended; interim 98 Amended 12180 301.75-2(a) revised; (b) amended 12180 301.75-6(e) amended 12180 301.75-7(b)(3)(iii) redesignated as (b)(3)(iv); new (b)(3)(iii) added; interim 98 Revised 12180 (b)(3)(ii) removed; (b)(3) (iii) and (iv) redesignated as (b)(3) (ii) and (iii) 51010 301.75-12(a) revised; (b) and (d)(1) amended 12183 301.78—310.78-10 (Subpart)Removed; interim 25439 Added; interim 35632 301.78-1Amended 38645 301.78-3Regulations at 53 FR 40866 and 53 FR 46845 confirmed 11490 (c) amended 38645 (c) amended; interim 42479, 48572, 51190 301.78-5Amended 38645 301.78-10(d) added 38645 301.80-2aRevised; interim 24314 Regulation at 54 FR 24314 confirmed 43269 301.81(a) amended; interim 8268 Regulation at 54 FR 8268 confirmed 22739 301.81-2aAmended; interim 8268 Corrected 12310-12324 Regulation at 54 FR 8268 confirmed 22379 301.93—301.93-10 (Subpart)Added; interim 34480 301.93-3(c) amended; interim 39162, 43038, 43576 318Authority citation revised 3578 318.13a(b) removed 3578 318.13-1Amended 391 318.13-3(a) revised; (d) added 3578 318.13-4gRedesignated as 318.13-4h and footnote 2 redesignated as footnote 5; new 318.13-4g added 391 318.13-4hRedesignated from 318.13-4g and footnote 2 redesignated as footnote 5 391 318.13-5Footnote 3 redesignated as footnote 6 391 318.13-6Revised 3578 318.13-7Heading revised; (a) and (b) amended 3578 318.13-8Revised 3578 318.13-9Revised 3578 318.13-10Removed; new 318.13-10 redesignated from 318.13-12 and revised 3579 318.13-11Removed 3579 Added 3580 318.13-12Redesignated as 318.13-10 and revised; new 318.13-12 redesignated from 318.13-13 and (a) amended 3580 318.13-13Footnotes 4 and 5 redesignated as footnotes 7 and 8 391 Redesignated as 318.13-12 and (a) amended; new 318.13-13 redesignated from 318.13-14 and revised 3580 318.13-14Redesignated as 318.13-13 and revised; new 318.13-14 redesignated from 318.13-15 3580 318.13-15Redesignated as 318.13-14; new 318.13-15 redesignated from 318.13-16 3580 318.13-16Redesignated as 318.13-15; new 318.13-16 redesignated from 318.13-17 3580 318.13-17Redesignated as 318.13-16 3580 318.58-1(f) added 3580 318.58-2Removed 3580 Redesignated from 318.58-3 and heading revised; (a) through (c) redesignated as (b) (1) through (3); new (a) and (b) heading added 3580 318.58-3Redesignated as 318.58-2 and heading revised; (a) through (c) redesignated as (b) (1) through (3); new (a) and (b) heading added; new 318.58-3 added 3580 318.58-3cRedesignated as 318.58-4a 3581 318.58-4Redesignated as 318.58-5 3580 Added 3581 318.58-4aRedesignated from 318.58-3c 3581 318.58-5Removed; new 318.58-5 redesignated from 318.58-4 3580 318.58-7Amended 3581 318.58-8Revised 3581 318.58-9Revised 3581 318.58-10Removed; new 318.58-10 redesignated from 318.58-11 and revised 3581 318.58-11Redesignated as 318.58-10 and revised 3581 Added 3582 318.58-12Redesignated as 318.58-14 3582 318.58-13Revised 3582 318.58-14Removed 3581 Redesignated from 318.58-12 3582 318.58-15Added 3583 318-56-16Added 3583 319.37—319.37-14 (Subpart) authority citation revised 31433 319.37-14(b) amended 34133 319.56-2(h) amended; interim 12873 Regulation at 54 FR 27321 confirmed 27321 319.56-2p(a)(3), (b)(1), (6) newly designated (d) and (e) amended; (c) revised; (a)(3) (iii) through (vii) and (f) added; (d)(1) designation and (d)(2) removed 33666 352.29(b) and (f) amended 43167 354.1(a) (1), (2), and (b) introductory text amended 13506 354.2Table amended 14622, 25225, 37932, 46596 371Revised 23194 371.12(d)(2) corrected 27793 1990 7 CFR 55 FR Page Chapter III 300.1(a) revised 5436, 25953, 39134 301Authority citation corrected 51798 301.38-3(c)(1) amended 29558 301.45Regulation at 54 FR 31007 confirmed 712 301.45-2aRegulation at 54 FR 31007 confirmed; amended 712 Correctly designated 6726 301.52-2aAmended; interim 28596 Regulation at 55 FR 28596 confirmed 38975 301.64(a) amended; interim 27181, 47738 301.64-3(c) amended; interim 27181, 42699, 47738 301.75Removed 37450 301.75-1Revised 37450 301.75-2Redesignated as 301.75-3; new 301.75-2 added 37450 (c) correctly revised 48208 Correctly designated 49753 301.75-3Redesignated as 301.75-4; new 301.75-3 redesignated as 301.75-2; (b) redesignated as (c); new (b) added 37450 301.75-4Redesignated as 301.75-5; new 301.75-4 redesignated from 301.75-3; revised 37450 (a) corrected 42698 (a) and (d)(1) amended; interim 49502 Correctly designated 50279 301.75-5Redesignated as 301.75-9; new 301.75-5 redesignated from 301.75-4 37450 301.75-6Removed 37450 Added 37451 301.75-7Removed 37450 Added 37452 301.75-8Redesignated as 301.75-13 37450 Added 37452 301.75-9Removed; new 301.75-9 redesignated from 301.75-5 37450 Heading revised 37452 301.75-10Removed 37450 Added 37452 301.75-11Redesignated as 301.75-14; new 301.75-11 redesignated from 301.75-12 37450 (a), (b), (c) introductory text, and (d) introductory text revised 37453 301.75-12Redesignated as 301.75-11 37450 Added 37453 301.75-13Removed; new 301.75-13 redesignated from 301.75-8 37450 Revised 37453 301.75-14Removed; new 301.75-14 redesignated from 301.75-11 37450 301.75-15Removed 37450 301.75-16Removed 37450 301.78—301.78-10 (Subpart)Removed; interim 47739 301.78-3(c) amended; interim 714, 3039, 6354, 9720, 22320, 22322, 32236, 38530 (c) revised; interim 19242, 32237, 37698, 39262, 41983, 42954 (c) corrected 21674 301.78-10(c) and (d) redesignated as (d) and (e); new (c) added; interim 6355 301.80-2aRevised; interim 41984 301.81-2aAmended; interim 28597 Regulation at 55 FR 28597 confirmed 41981 301.93—301.93-10 (Subpart)Removed; interim 40376 301.93-3(c) amended; interim 32240, 32241, 37312 301.96—301.96-10 (Subpart)Added; interim 49505 318.13(b) amended 38979 318.13a(a)(2) amended 38979 318.13-1Amended 38979 318.13-2(a)(1) and (b) amended; (a)(1) designation and (2) removed 38979 318.13-3(b)(1) amended; (b)(1) designation and (2) removed 38979 318.13-4(c) and (d) redesignated as (d) and (e); (c) added; new (d) revised; (b) and new (e) amended 38979 318.13-4a(b) and (d) amended 38979 318.13-4b(a)(3) and (4) amended 38979 318.13-4cIntroductory text, (a)(1), and (b) amended 38979 318.13-4dIntroductory text, (a)(1), and (b) amended 38979 318.13-4eIntroductory text, (a)(1), and (b) amended 38979 318.13-4g(b)(2)(iii) amended 38979 318.13-4hHeading, introductory text, (e), (f) introductory text, (2) and (g) amended 38979 318.13-5Amended 38979 318.13-15Amended 38979 318.13-16Amended 38979 318.58-2(b)(1) amended 5436 319.56-2hAdded 25953 319.56-2iAdded 39134 319.56-2sAdded 42352 340.1Amended; eff. 1-28-91 53276 340.2(b)(2) added; eff. 1-28-91 53276 352.30(a)(1), (b)(3)(iii), (4)(i), (c)(1), (3) heading, (i), (ii), and (e) amended 23066 354.1(a)(1) introductory text and (iii) amended 3198 Technical correction 7289 (d), (e), and (f) added 41059 354.2Table amended 2222, 3565, 15214, 25298, 49980 1991 7 CFR 56 FR Page Chapter III 301.38-2(b) amended 7784 301.52(a) amended; interim 9274 Regulation at 56 FR 9274 confirmed 23491 301.52-2aAmended; interim 9274 Regulation at 56 FR 9274 confirmed 23491 301.64Regulation at 55 FR 47738 confirmed 7784 301.64-3Regulations at 55 FR 42699 and 47738 confirmed 7784 (c) revised; interim 46108 301.75-4(d)(1) amended 8102 301.78—301.78-10 (Subpart)Added; interim 57576 301.78-1Corrected 63550 301.78-3(c) corrected 63550 301.78-10Introductory text corrected 63550 301.80-2aRegulation at 55 FR 41984 confirmed 4933 Revised; interim 29890 Corrected 37606, 41890 Regulation at 56 FR 29890 confirmed 52445 301.81-2aAmended; interim 4934, 4935 Regulation at 56 FR 4934 and 4935 confirmed 22295 Corrected 26191 301.93—301.93-10 (Subpart)Removal at 55 FR 40376 confirmed 4932 Added; interim 57583 301.96—301.96-10 (Subpart)Removed; interim 14460 Removal at 56 FR 14460 confirmed 33190 318Authority citation revised 18501 318.13-1Amended; eff. 7-1-92 59207 318.13-4fRemoved; new 318.13-4f redesignated from 318.13-4g; eff. 7-1-92 59207 318.13-4gRedesignated as 318.13-4f; new 318.13-4g redesignated from 318.13-4h; eff. 7-1-92 59207 318.13-4hRedesignated as 318.13-4g; eff. 7-1-92 59207 318.13-15Amended 18501 Regulation at 56 FR 18501 effective date delayed to 10-1-91 36724 Regulations at 56 FR 18501 and 36724 effective date stayed 49389 318.58-15Amended 18501 Regulation at 56 FR 18501 effective date delayed to 10-1-91 36724 Regulations at 56 FR 18501 and 36724 effective date stayed 49389 319.27—319.27-11 (Subpart)Removed 33704 319.37-1Amended; interim 19790 319.37-2(a) amended; interim 19790 319.56-2(j) added 1731 (h) amended 10790 319.56-2tAdded 22297 320Authority citation revised 14844 320.7Amended 14844 320.9Removed; new 320.9 redesignated from 320.10 14844 320.10Redesignated as 320.9 14844 321Authority citation revised; sectional authority citations removed 19791 321.2Revised; interim 19791 321.3(a) amended; interim 19791 321.8Revised; interim 19791 321.9Added; interim 19791 330Authority citation revised 14844 330.107Revised 14844 352Authority citation revised 14844 352.14Revised 14844 352.30(e) and (f) redesignated as (f) and (g); new (e) added; new (f) amended 13066 354Heading and authority citation revised 14844 354.1(a)(1) introductory text and (iii) amended 1082 354.2Table amended 11350, 21064, 46724 Table corrected 26895 354.3Added 14844 354.4Added 18501 Regulation at 56 FR 18501 effective date delayed to 10-1-91 36724 Regulations at 56 FR 18501 and 36724 effective date stayed 49389 1992 7 CFR 57 FR Page Chapter III 300.1(a) revised 54489 301.38-2(b) and (c)(2) amended 54166 301.38-3(a) and (b)(3) amended; (c), (d) and (e) redesignated as (d), (e) and (f); new (c) added 3118 301.38-6(a) amended 3118 301.50—301.50-10 (Subpart)Added; interim 54496 301.52(a) revised; interim 31304 Regulation at 57 FR 31304 confirmed 49374 301.52-2aAmended; interim 31304 Regulation at 57 FR 31304 confirmed 49374 301.64(a) and (b) amended; interim 521 Regulation at 57 FR 521 confirmed 37684 301.64-1Paragraph designations removed; amended; interim 521 Regulation at 57 FR 521 confirmed 37684 301.64-3(c) revised; interim 522 (c) revised; interim 10974 Regulation at 56 FR 46108 confirmed 31948 Regulation at 57 FR 522 confirmed 37684 301.64-4Heading and introductory text revised; interim 522 Regulation at 57 FR 522 confirmed 37684 301.64-10Introductory text revised; (c) and (d) added; interim 522 Regulation at 57 FR 522 confirmed 37684 301.75-4(d)(1) amended 49374 301.78-3(c) amended; interim 42486 (c) amended; interim 54168 301.78-4(b) and (c) redesignated as (c) and (d); new (b) added; interim 54169 301.81—301.81-10 (Subpart)Revised; eff. 1-4-93 57327 301.93—301.93-10 (Subpart)Removed; interim 31306 302Removed 37080 318.13-4(c) removed; (d) and (e) redesignated as (c) and (d); new (d) amended; interim 31307 318.13-4gRemoved; interim 31307 318.13-15Regulation at 56 FR 18501 withdrawn 14475 318.58-15Regulation at 56 FR 18501 withdrawn 14475 319Technical corrections 21332 Authority citation revised 27898 319.37Revised 43144 319.37-1Amended 43145 319.37-2(a) table amended; interim 334 (a) table amended 43145 (b) introductory text amended; (b)(6) revised 43147 (c)(4) amended 43148 Regulation at 57 FR 334 confirmed 55053 319.37-3(a)(3) revised 43148 319.37-4Revised 43148 319.37-5Footnote 7 redesignated as footnote 8 and revised; footnote 6 removed; (a) and (c) through (g) amended 43148 (b)(1) revised; (b)(2)(xxiv) through (xliii) and (h) through (m) added; (c), (e), (f) and (g) amended 43149 319.37-6(a) footnote 8 redesignated as (a) footnote 9 and revised; (b) and (f) footnote 8 removed 43148 (c), (d) and (e) removed; (f) redesignated as (c); new (d), (e) and (f) added 43150 319.37-7(a)(2) table amended 43150 (b) table amended 43151 (d)Footnote 9 redesignated as footnote 10 43148 319.37-8(b) revised 43151 319.37-9Amended 43151 319.37-13Footnotes 10 redesignated as footnotes 11 43148 Amended 43151 319.37-14(b) amended 47978 319.56-1Amended 54489 319.56-2(h) amended 10976 319.56-2p(a)(1), (c) introductory text and (1) amended 54489 319.56-2tRevised 54489 319.56-2uAdded 3120 319.56-2vAdded 22413 319.56-2wAdded 27898 319.56-2xAdded 54491 319.52-2yAdded 54491 319.56-2zAdded 56436 321.2Amended; interim 334 Amended 55053 Corrected 62468 321.9(g) and (h) removed; (b) through (f) revised; interim 334 (b) through (f) revised 55053 (c) introductory text and (d)(1) corrected 62468 354.2Table amended 37685, 46950 354.3(a) amended; (e) redesignated as (f); new (e) added 769 (f)(1) amended; (g), (h) and (i) added 770 Technical correction 3089 (a), (b)(1), (d)(5), (e)(1), (3)(i), (ii), (f)(1), (5)(i) and (ii) amended; interim; eff. 1-1-93 62472 (f)(5)(iii) amended; interim; eff. 1-1-93 67473 354.4(c) added 770 Technical correction 3089 Regulation at 56 FR 18501 withdrawn; (c) correctly designated as (a) 14475 354.5Added 771 Technical correction 3089 360Authority citation revised 8838 360.200(a) amended 8838 1993 7 CFR 58 FR Page Chapter III ChapterIII Policy statement 47206 300.1(a) revised 52400 301Regulation at 58 FR 217 confirmed 28336 301.38-2(b) corrected 8820 301.45—301.45-12 (Subpart)Revised 39423 301.50(a) and (b) designation removed; interim 6347 301.50-1Amended; interim 6347 301.50-2(a) revised; interim 28335 301.50-3(c) amended; interim 6348, 28335, 34682, 63027 301.50-4(b)(1)(ii) amended; interim 28335 301.50-5(a)(1)(ii) and (iii) amended; (a)(1)(iv) added; interim 6348 (a)(1)(iii), (iv) and (2)(ii) amended; (a)(1)(v) and (2)(iii) added; interim 28335 (a)(1)(iii) revised; OMB number; interim 34683 301.50-6OMB number 34683 301.50-7OMB number 34683 301.50-8OMB number 34683 301.50-10Introductory text designated as (a); new (b) added; interim 6348 (a) revised; (b) amended; interim 28335 (a) amended; (c) added; interim 63027 301.52(a) amended; interim 36592 (b)(10)(i) amended; (b)(10)(ii) redesignated as (b)(10)(iii); new (b)(10)(ii) added 39418 301.52-2aAmended; interim 36592 301.64(a) amended; interim 219, 64103 Regulation at 58 FR 219 confirmed 28336 301.64-3(c) amended; interim 219, 64103 Regulation at 58 FR 219 confirmed 28336 301.78-3(c) amended; interim 6345, 39124, 42491, 49188, 53108, 53109, 63030, 67629 301.78-10(b) and (c) redesignated as (c) and (d); new (b) added; interim 63031 301.80(b)(17) through (21) redesignated as (b)(18) through (22); new (b)(17) added; interim 216 Regulation at 58 FR 216 confirmed 36590 301.80-2aAmended; interim 216, 217, 51980 Corrected 11099 Regulations at 58 FR 216 and 217 confirmed 36590 301.81—301.81-10 (Subpart)appendix amended 57954 Regulation at 58 FR 57954 eff. date confirmed 67627 301.93—301.93-10 (Subpart)Added; interim 8521 301.93-1Corrected 29028 301.93-2(a) corrected 29028 301.93-3(c) revised; interim 36590, 57952 Regulation at 58 FR 36590 confirmed 51982 301.93-10(a)(1)(i) corrected 29028 318.13-1Amended 7958 318.13-3(c) and (d) redesignated as (d) and (e); new (c) added 7959 318.13-4(c) revised 7959 Regulation at 57 FR 31307 confirmed 57955 318.13-4gRegulation at 57 FR 31307 confirmed 57955 318.13-6Revised 7959 318.13-8Amended 7959 318.13-10(f)(1) amended; (f)(2) introductory text revised; (f)(3) added 7959 318.13-16Heading and text amended 7959 Corrected 40190 318.13-17Added 7959 (c), (f) and (i)(1) corrected 40190 318.58-1Amended 7961 318.58-3(b) and (c) redesignated as (c) and (d); new (b) added 7961 318.58-4Heading and introductory text revised; (c) added 7962 318.58-7Amended 7962 318.58-8Amended 7962 318.58-10(f)(1) amended; (f)(2) introductory text revised; (f)(3) added 7962 318.58-12Revised 7962 Correctly designated 40190 318.58-16Heading revised; text amended 7964 319Authority citation revised 59353 319.24(a) and (b) amended; (d) added 44745 319.37—319.37-14 (Subpart)Authority citation revised 38267 319.37-1Amended; eff. 7-16-94 38267 319.37-7(a) amended; (c) and (d) redesignated as (d) and (e); new (c), (f) and (g) added; new (d) introductory text, (1) and (6) revised; eff. 7-16-94 38267 (c)(4) and (f)(3) corrected 41124 319.40-1—319.40-8 (Subpart)Added; interim 8530 Heading revised; interim 59353 319.40-1Amended; interim 59353 319.40-2(a) amended; interim 59353 319.40-4(a)(4) and (c)(1) amended; interim 59353 319.40-5(c) revised; interim 59353 319.40-7(b) revised; interim 59353 319.41-1Footnote 2 amended; (c) added 44745 319.56a(a)(7) revised; (a)(12) amended 43497 319.56-2(a) amended 43497 (j) amended 69179 319.56-2mHeading, introductory text, (a)(2), (c) and (e) amended 69179 319.56-2sHeading, (a), (b), (c)(1), (2), (d) introductory text, (1)(ii), (e), (f)(1), (g) introductory text and (3) amended 69179 319.56-2tIntroductory text revised; table amended 43497 Table amended 69180 319.56-2uHeading revised; existing text designated as (a); (b) added 69181 319.56-2x(a) table amended 43498 (a) revised 69181 319.56-2yHeading revised; (a) introductory text, (1), (2) and (4) amended 69182 319.56-2aaAdded 11364 319.56-2bbAdded 40037 321.2Amended; interim 11958 321.9(b), (c) and (d) revised; interim 11958 330.400(j) added (OMB number); eff. 1-19-94 66248 340.0(a) revised 17056 340.1Amended 17056 340.2(b)(1)(i) and (2)(i) amended 17056 340.3Redesignated as 340.4; new 340.3 added 17056 340.4Redesignated as 340.5; new 340.4 redesignated from 340.3 17056 (a), (b), (c) introductory text, (1), (2), (e), (f) introductory text, (7), (8), (9), (10), (11)(ii), (g), (h)(1), (2), (3) and Footnote 6 amended 17058 340.5Redesignated as 340.7; new 340.5 redesignated from 340.4 17056 (a), (b), (c)(1), (2), (3) introductory text, (i) and (ii) amended 17059 340.6Redesignated as 340.8 17056 Added 17057 340.7Redesignated as 340.9; new 340.7 redesignated from 340.5 17056 (b) amended 17059 340.8Redesignated from 340.6 17056 340.9Redesignated from 340.7 17056 354.1(a)(1) introductory text and (iii) amended 32434 354.2Table amended 220, 60102 354.3(e)(2) introductory text, (iv) and (g)(5)(iii) revised 14307 (g)(4) revised 38270 Regulation at 57 FR 62472 confirmed 59354 354.4(a)(3) Footnote 2 redesignated as Footnote 5 38271 1994 7 CFR 59 FR Page Chapter III 300Authority citation revised 9614, 40796, 42154, 43710 300.1(a) revised 9614, 40796, 42154, 43710, 48992 Regulationat 59 FR 9614 withdrawn 18943 301Technical correction 11659 301.38-2(b) amended 9066 Regulationat 59 FR 9066 eff. date confirmed; (b) corrected 17917 301.38-5First Footnote 5, (b) and (c) amended; second Footnote 5 removed 67608 301.38-6Footnote 5 amended 67608 301.45-1Footnotes 1 and 2 amended 67608 301.45-3(a) amended; interim 46902 301.45-5OMB number 46902 301.45-6OMB number 46902 301.45-8OMB number 46902 301.45-12OMB number 46902 301.50-3(c) amended; (d) added; interim 39939 (c)amended; (d) revised; interim 52892 301.50-5Footnote 3 amended 67608 301.50-6Footnote 6 amended 67608 301.52(a) amended; interim 44608 (a)amended 46721 Regulationat 59 FR 44608 confirmed 60697 301.52-2aAmended; heading revised 25788 Amended;interim 27966, 44608 Regulationat 59 FR 44608 confirmed 60697 301.64(a) amended; interim 51840 301.64-3(c) amended; interim 51840 301.64-6Footnote 6 amended 67608 301.64-7Footnote 7 amended 67608 301.64-10(e) added 43714 301.75-4(a) and (d)(1) revised 25288 301.75-13(a) amended 67608 301.78-2(a) amended; interim 25791 301.78-3(c) amended; interim 2282, 7896, 11179, 35612, 40208, 52407 301.78-5Footnote 3 amended 67608 301.78-6Footnote 6 amended 67609 301.78-10(c) amended; OMB number; interim 25791 301.80-2aRegulation at 58 FR 51980 confirmed 12795 301.81-2OMB number 67133 301.81-3(e) amended; interim 3314, 22492 (e)corrected 6531 Regulationsat 59 FR 3314 and 22492 confirmed 41219 301.81-4OMB number 67133 Footnote3 amended 67609 301.81-5OMB number 67133 Footnote4 amended 67609 301.81-6Footnote 6 amended 67609 301.81-7OMB number 67133 301.81-8OMB number 67133 301.81-9OMB number 67133 301.81—301.81-10 (Subpart)appendix amended 48779, 67609 301.83(b) amended 13183 301.87-6Footnote 7 amended 67609 301.87-7Footnote 8 amended 67609 301.90-6Footnote 6 amended 67609 301.90-7Footnote 7 amended 67609 301.91-6Footnote 4 amended 67609 301.91-7Footnote 5 amended 67609 301.93-3(c) revised; interim 37930, 56376 301.93-5Footnote 3 amended 67609 301.93-6Footnote 5 amended 67609 318Authority citation revised 67609 318.13-1Amended 66641 318.13-2(a) redesignated as (a)(1); (a)(2) added 66641 318.13-3(b) redesignated as (b)(1); (b)(2) added 66641 318.13-4Amended; OMB number 48992 (c)(3)added; (d) amended; OMB number 66641 318.13-4f(b)(2)(iii) amended 66641 Footnotes3, 4 and (c) amended 67609 318.13-4gAdded 66642 318.13-4hAdded 48992 318.13-6OMB number 67133 318.13-16OMB number 67133 318.13-17OMB number 67133 Footnotes9 and 10 amended 67609 318.58-12OMB number 67133 Footnotes2 and 3 amended 67609 319Authority citation revised 67609 319.28(a), (b) introductory text and (6) amended 13183 319.37—319.37-14 (Subpart)Authority citation removed 21622 319.37-2(a) table amended 9918 (a)table corrected 35564 (a)table amended; interim 44610 (a)table corrected; CFR correction 65893 319.37-3(b) and Footnote 4 amended 67610 319.37-5(h) revised; (n) added; interim 44610 319.37-7Footnote 10 amended 67610 319.37-14(b) amended 21622 319.40-3(a) and Footnote 1 amended 67610 319.56-2(h) amended 9382 319.56-2d(a) revised; (b)(1) amended; (b)(5)(i) heading, (ii) heading, (iii) heading and (iv) added 40796 Footnote1 amended 67610 319.56-2tTable amended 43711, 43712 319.56-2uRemoved 40796 Corrected 46321 319.56-2v(b)amended 40796 319.56-2x(a) table and (b) amended 40796 (a)table amended 43712 319.56-2yFootnote 1 amended 67610 319.56-2zFootnote 1 amended 67610 319.56-2ccAdded 42154 319.56-2ddAdded 43712 319.74-4Footnote 1 amended 67610 319.75—319.75-9 (Subpart)Authority citation removed 67610 319.75-3(b) and Footnote 4 amended 67610 319.76—319.76-8 (Subpart)Authority citation removed 67610 319.76OMB number 67133 319.76-3(b) amended 67610 321Authority citation revised 9918 321.2Amended 9918 321.8Heading revised 9918 321.9Revised 9918 322Authority citation revised 656 322.1Footnote 1 revised 656 OMBnumber 67133 322.3OMB number 67133 (b)amended 67610 322.5OMB number 67133 340Authority citation revised 67610 340.3(d)(1) amended 67610 340.4(a) and Footnote 6 amended 67610 340.5(b) amended 67611 340.6(b) amended 67611 352Authority citation revised 67611 352.6Footnote 1 amended 67611 354Authority citation revised 67611 354.2Table amended 21623, 27435, 35613 354.4Footnote 5 amended 67611 355Authority citation revised 67611 355.11(b) and Footnote 4 amended 67611 355.22Footnote 6 amended 67611 360.300(a) and Footnote 1 amended 67611 370.4Amended 67611 370.5(a) amended 67611 371.1(b) amended 67611 1995 7 CFR 60 FR Page Chapter III 300Revised 27673 Authority citation amended 64115 300.1(a) revised 6958, 14208, 50384 301Technical correction 56639 Authority citation amended 64115 301.38-2(b) amended 38667 Regulation at 60 FR 38667 eff. date confirmed 49494 301.45-3Regulation at 59 FR 46902 confirmed 5836 301.50-2(a) revised; interim 55778 301.50-3(c) amended; (d) revised; interim 2322, 55779 301.50-10(b) amended; interim 55780 (c) introductory text revised; interim 55781 301.52-2aAmended; interim 44416 301.64Regulation at 59 FR 51840 confirmed 5087 301.64-3Regulation at 59 FR 51840 confirmed 5087 301.78-3(c) amended; interim 40054 301.78-10(c) amended 52834 301.80-2aAmended; interim 39836 Regulation at 60 FR 39836 confirmed 54939 301.81-3(e) amended; interim 52832 301.83(a) amended 39103 301.93-3(c) revised 18728 Regulation at 60 FR 18728 confirmed 40993 318Authority citation amended 64115 319Authority citation revised 27674 Authority citation amended 64115 319.19(a) through (d) revised 27674 319.28(a)(1), (b) introductory text and (1) amended 39103 (b)(2), (4)(ii) and (f) amended; (b)(7) removed 39104 319.34(Subpart) Heading revised 27674 319.34(a) and (c) removed; (b) and (d) redesignated as (a) and (b); new (a) revised 27674 319.37-1Amended 3077, 27674 319.37-2(a) table amended 8924 319.37-3(a)(3) amended; (a)(17) added 8924 319.37-5(n) amended 4530 (o) added 8924 319.37-6(e) amended; eff. 1-5-96 62320 319.37-8(e) revised; (g) added 3077 319.37-9Amended 3078 319.37-13Footnote 11 redesignated as Footnote 12 3077 319.40-1—319.40-11(Subpart) Revised 27674 319.40-6(b)(2) and (c) corrected 30157 319.56-2fRemoved 6958 319.56-2qRemoved 6958 319.56-2r(a)(1) and (g)(1) amended 14208 319.56-2tTable amended 14208, 50384 319.56-2uHeading revised; (a) added 50385 319.56-2x(a) table amended 6958, 14209, 50385 319.56-2aaHeading, introductory text, (a) and (c) amended 50386 319.56-2eeAdded 50386 319.56-6Revised; eff. 1-5-96 62320 319.69Introductory text and (b)(3) removed; (a) and (b) amended; (b)(4) and (5) redesignated as (b)(3) and (4) 27682 319.69a(a) amended 27682 319.76-2Footnote 1 revised 6000 320Authority citation amended 64115 321Authority citation amended 64115 322Authority citation amended 64115 322.1(c) amended; Footnote 1 removed; (e) redesignated as (f); new (e) added 6000 (c) corrected; CFR correction 55989 352Authority citation amended 64115 354Authority citation amended 64115 354.2Table amended 11898, 17632, 24536 Table corrected 20306 355Authority citation amended 64115 356Authority citation amended 64115 360Authority citation amended 64115 360.200(a) and (c) amended 35832 372Added 6002 372.5(d) corrected 13212 372.6Corrected 13212 372.7Corrected 13212 380Authority citation amended 64115 1996 7 CFR 61 FR Page Chapter III 300.1(a) introductory text revised 5924 301Technical correction 20877, 32900 Forum 36811 301.48(a) amended; interim 32640 Regulation at 61 FR 32640 confirmed 56404 301.48-1Amended; interim 32640 Regulation at 61 FR 32640 confirmed 56404 301.48-2(a) and (b) amended; interim 32640 Regulation at 61 FR 32640 confirmed 56404 301.48-3Amended; interim 32640 Regulation at 61 FR 32640 confirmed 56404 301.48-4Revised; interim 32640 Regulation at 61 FR 32640 confirmed; (d)(4) revised; (d)(6) amended 56404 301.48-5Amended; interim 32641 Regulation at 61 FR 32641 confirmed 56404 301.48-6Amended; interim 32641 Regulation at 61 FR 32641 confirmed 56404 301.48-8Added; interim 32641 Regulation at 61 FR 32641 confirmed 56404 301.50—301.50-10(Subpart) Regulation at 57 FR 54496 confirmed 3177 301.50Regulation at 58 FR 6347 confirmed 3177 301.50-1Regulation at 58 FR 6347 confirmed 3177 301.50-2Regulation at 58 FR 28335 confirmed 3177 301.50-3Regulations at 58 FR 6348, 28335, 34682, 63027, 59 FR 39939, 52892 and 60 FR 2322 confirmed 3177 301.50-4Regulation at 58 FR 28335 confirmed 3177 301.50-5Regulations at 58 FR 6348, 28335 and 34683 confirmed 3177 301.50-6Regulation at 58 FR 34683 confirmed 3177 301.50-7Regulation at 58 FR 34683 confirmed 3177 301.50-8Regulation at 58 FR 34683 confirmed 3177 301.50-10Regulations at 58 FR 6348, 28335 and 63027 confirmed 3177 301.52-2aRegulation at 60 FR 44416 confirmed 1521 301.64(a) amended 2392 Regulation at 61 FR 2392 confirmed 26423 301.64-3(c) amended 2392 Regulation at 61 FR 2392 confirmed 26423 (c) amended; interim 38354 Regulation at 61 FR 38354 confirmed 57987 301.75-1Amended; interim 1521 301.75-4(a) and (d)(1) revised; interim 1521 301.78—301.78-10(Subpart) Regulation at 56 FR 57576 confirmed 8205 301.78-3Regulations at 57 FR 42486, 54168, 58 FR 6345, 39124, 42491, 49188, 53108, 53109, 63030, 67629, 59 FR 2282, 7896, 11179, 35611, 40208, 52407 and 60 FR 40054 confirmed 8205 (c) revised; interim 31004 Regulation at 61 FR 31004 confirmed 47663 301.81—301.81-10(Subpart) Regulation at 61 FR 53603 withdrawn 65459 301.81-3(e) amended 17551 301.81—301.81-10(Subpart) Appendix amended 53603 301.89-1—301.89-11(Subpart) Added; interim 13652 Revised 52207 Appendix added 52212 301.89-1Amended; interim 35106 301.89-2(e) through (n) redesignated as (f) through (o); new (e) added; interim 18235 (d) amended; interim 35106 Revised 52208 301.89-3(e) amended; interim 18235, 35109, 36813 Revised 52208 301.89-4Revised 52210 301.89-5Revised 52210 301.89-6Revised 52210 301.89-7Revised 52211 301.89-8Revised 52211 301.89-9Revised 52211 301.89-10Revised 52211 301.89-11Revised 52211 301.89-12Added; interim 35106 Redesignated as 301.89-14 52207 Added 52211 301.89-13Added 52212 301.89-14Redesignated from 301.89-12 52207 301.90—301.90-10(Subpart) Removed 47663 318.13-1Amended 5924 318.13-4dRevised 5924 318.13-4eRemoved 5924 319Policy statement 24433 319.37-5Footnote 7 removed; (b)(1) and (d) amended; (b)(2) and Footnote 8 redesignated as (b)(3) and Footnote 7; new (b)(2) added 51210 319.37-6Footnote 9 redesignated as Footnote 8 51210 319.37-7Footnote 10 redesignated as Footnote 9 51210 319.37-8Footnote 11 redesignated as Footnote 10 51210 319.37-13Footnote 12 redesignated as Footnote 11 51210 319.37-14(b) amended 51210 319.56-2d(b)(1) amended; (b)(5)(iv) revised; (b)(5)(v), (vi) and (vii) added 47666 319.56-2vRevised 8207 319.56-2x(b) amended 47667 353Revised 15368 354.2Table amended 53604 354.3(b)(2)(vi) revised; (e)(1), (g)(5)(i)(A), (B), (ii), (iii)(B), (iv), (v) and (h)(2) amended; OMB number 2664 (a) amended; (g)(2) revised 15371 371.2(d)(2)(xix) added 68541 1997 7 CFR 62 FR Page Chapter III 300.1(a) introductory text revised 595, 36974 301Authority citation revised 10416 Regulatory flexibility analysis 15809, 24753 Technical correction 28108 301.10—301.11(Subpart) Added 61212 301.45(a) amended; interim 29287 Regulation at 62 FR 29287 confirmed 64134 301.45-3(a) amended; interim 29287, 36646 Regulations at 62 FR 29287 and 36646 confirmed 64134 301.50-3(c) amended; (d) revised; interim 64679 301.51-1—301.51-9(Subpart) Added; interim 10416 Regulation at 62 FR 10416 confirmed 60764 301.51-2(a) revised 60764 301.52(a) amended; interim 23945 Regulation at 62 FR 23945 confirmed 43457 301.52-2aAmended; interim 23945 Regulation at 62 FR 23945 confirmed 43457 301.64(a) amended; interim 44202, 61214 301.64-3(c) amended; interim 44202, 61214 301.78-1 amended 33538, 47556 301.78-2(a) amended; interim 33538, 47556 301.78-3(c) revised; interim 33538 (c) amended; interim 36977, 43271, 47556, 54572, 54574, 61898 301.78-10Introductory text amended; (c) and (d) redesignated as (d) and (e); new (c) added; interim 47557 301.81-1—301.81-10(Subpart) Appendix amended; interim 30740 301.83(Subpart) Removed 61213 301.89-1Amended; interim 23624 Amended 24751 301.89-3(d) amended; (e) and (f) revised; interim 23624 (f) amended; interim 62505 301.89-4Revised; interim 23627 301.89-5Footnote 2 redesignated as footnote 1; interim 23627 301.89-6Footnotes 3 and 4 redesignated as footnotes 2 and 3; (b) revised; (d) removed; interim 23627 301.89-7Footnote 5 redesignated as footnote 4; interim 23628 301.89-9Footnote 6 redesignated as footnote 5; interim 23628 301.89-13(d) revised; interim 64265 301.89-14Revised 24751 301.89-1—301.89-14(Subpart) Appendix removed; interim 23628 301.93-3(c) revised; interim 45142 (c) amended; interim 47552, 53225 318.13-1amended 36974 318.13-3(b)(3) added 36974 318.13-4eAdded 36974 318.13-4fRevised 36974 319.8-27Removed; eff. 1-9-98 65009 319.37-2(a) table amended 50238 319.56-2(j) amended 50235 Footnote 1 removed; footnote 2 redesignated as new footnote 1; (c) revised 50238 319.56-2g(a) revised 50235 319.56-2qAdded 595 319.56-2r(a)(1) amended 50236 319.56-2tTable amended; OMB number 596 Table amended 50236 319.56-2u(b)(6) removed; (b)(7), (8) and (9) redesignated as (b)(6), (7) and (8); (b)(1), (2), new (6) and new (7) amended 50236 319.56-2wRevised 50237 319.56-2x(a) table amended 597 319.56-2ffAdded 5313 319.69a(c) amended; eff. 1-9-98 65009 319.74-1(c) removed 50231 319.74-2(a) designation, (b) and (c) removed 50231 319.74-2aRemoved 50231 319.74-3(a) amended; (b) removed; (c) and (d) redesignated as new (b) and (c) 50231 319.74-4Removed; new 319.74-4 redesignated from 319.74-6 50231 319.74-5Removed 50231 319.74-6Redesignated as 319.74-4 50231 319.74-7Removed 50231 320Removed; eff. 1-9-98 65009 321Removed 50238 330Authority citation revised 29662, 65009 330.105(a) amended; eff. 1-9-98 65009 330.300Introductory text and (a) amended; eff. 1-9-98 65009 330.300aAmended 50239 330.400(g)(1) amended 19903 340Authority citation revised 19915, 23956, 29663 Meeting 19917 340.0(a) introductory text amended 19915 Regulation at 62 FR 19915 withdrawn 23628 (a) introductory text amended 23956 340.1Amended 19915 Regulation at 62 FR 19915 withdrawn 23628 Amended 23956 340.3Footnote 5 added; (b)(1), (5), (d)(4), (e)(1) and (4) revised; (d)(1), (3) introductory text, (5), (e)(2) and (3) amended 19915 Regulation at 62 FR 19915 withdrawn 23628 Footnote 5 added; (b)(1), (5), (d)(4), (e)(1) and (4) revised; (d)(1), (3) introductory text, (5), (e)(2) and (3) amended 23956 340.4Footnotes 5, 6 and 7 redesignated as footnotes 7, 8 and 9 19915 Footnote 6 added; (a), (b) footnote 8, introductory text, (c) introductory text, (1), (2), (e), (f) introductory text, (7), (8), (10), (11)(ii), (g), (h)(1), (2) and (3) amended; (f)(9) revised 19916 Regulations at 62 FR 19915 and 19916 withdrawn 23628 Footnotes 5, 6 and 7 redesignated as footnotes 7, 8 and 9 23956 Footnote 6 added; (a), (b) footnote 8, introductory text, (c) introductory text, (1), (2), (e), (f) introductory text, (7), (8), (10), (11)(ii), (g), (h)(1), (2) and (3) amended; (f)(9) revised 23957 340.5Footnote 10 added; (a), (b), (c)(1), (2), (3) introductory text and (ii) amended 19916 Regulation at 62 FR 19916 withdrawn 23628 Footnote 10 added; (a), (b), (c)(1), (2), (3) introductory text and (ii) amended 23957 340.6(e) redesignated as (f); footnote 11, (c)(5) and new (e) added; (a), (b), (c)(4), (d)(1), (2), (3) introductory text, (ii) and new (f)(1) amended 19916 Regulation at 62 FR 19916 withdrawn 23628 (e) redesignated as (f); footnote 11, (c)(5) and new (e) added; (a), (b), (c)(4), (d)(1), (2), (3) introductory text, (ii) and new (f)(1) amended 23957 340.7(b) introductory text amended 19917 Regulation at 62 FR 19916 withdrawn 23628 (b) introductory text amended 23958 340.8Footnote 8 redesignated as footnote 12 19915 Regulation at 62 FR 19916 withdrawn 23628 Footnote 8 redesignated as footnote 12 23956 340.9Footnote 9 redesignated as footnote 13 19915 Regulation at 62 FR 19916 withdrawn 23628 Footnote 9 redesignated as footnote 13 23956 351Authority citation revised 29663 352.1(b)(14), (15), (16) and (24) amended; eff. 1-9-98 65009 352.2(a) and (b) amended; eff. 1-9-98 65009 352.5(d) amended; eff. 1-9-98 65009 352.10(a), (b)(1) and (2) amended; eff. 1-9-98 65009 352.13Amended; eff. 1-9-98 65009 354.3(b)(1), (c)(1), (3)(i) introductory text, (d)(1), (e)(1) and (f)(1) revised; (f)(4)(i)(C) added 39754 361Added 48460 372Authority citation revised 29663 1998 7 CFR 63 FR Page Chapter III 300.1(a) introductory text revised 39215 Heading and (a) introductory text revised 68164 301Clarification 25153 301.45(a) amended; interim 38280 301.45-3(a) amended; interim 25748, 38280 Regulation at 63 FR 25748 confirmed 71726 301.50-3(d) illustration revised 25155 301.51-3(c) amended; interim 63387 301.64Regulation at 62 FR 61214 confirmed 12603 301.64-3Regulation at 62 FR 61214 confirmed 12603 (c) amended; interim 43604, 44538, 56539, 64410 301.64-10Revised 68164 301.78-3(c) amended; interim 19652, 25750, 27440, 31888, 43288, 44539, 44541, 44776, 45393, 54038, 66000 (c) revised; interim 19798, 20054 Regulation at 63 FR 19652 confirmed 41389 301.80-2aRevised; interim 31602 Regulation at 63 FR 31602 confirmed 52579 301.81-3(e) amended; interim 4152, 36156 Regulations at 63 FR 4152 and 36156 confirmed 62919 301.89-1Amended 31599 301.89-2(i), (j), (k) and (n) removed; (l), (m) and (o) redesignated as (i), (j) and (k); new (i) and (j) revised 50751 301.89-3(f) amended; interim 1 (e)(3) revised 50751 301.89-5(a)(3) amended; (a)(4) added 50751 301.89-6(b) revised; (d) added 50751 301.89-12Revised 50751 301.89-13Regulation at 62 FR 64264 confirmed 47128 (a) introductory text, (b), (c) and (f) revised 50751 301.89-14(f)(2) amended; (d), (e) and (f) redesignated as (f), (g) and (h); new (d), new (e) and (i) added 1329 301.89-15Added 31599 301.89-16Added 31600 301.93-3(c) revised; interim 8836, 16878 Regulations at 63 FR 8836 and 16878 confirmed 41389 318.13-2(b) amended 65648 318.13-4f(a) and (b)(4)(iii) revised 65648 318.13-4iAdded 65648 319Meeting 54553 Clarification 56781 319.8-10(d) amended 31101 319.8-11(a) introductory text amended 31101 319.8-17(d) amended 31101 319.34 (Subpart)Removed 13484 319.37-1Amended 13484 319.37-2(a) table amended 13485 319.40-1Amended; interim 50110, 69542 319.40-2(c) amended 13485 319.40-3(b)(1) introductory text, (2) introductory text and (3) introductory text amended; interim 50110, 69542 319.40-5(g) and (h) added; interim 50110 (g) and (h) revised; (i), (j) and (k) added; interim 69542 319.40-10Footnote 5 revised; interim 50111 319.56-2tTable amended 13485, 39215, 65655 319.56-2wRevised 12396 319.56-2aaAdded 65656 319.56-2ddRevised 39216 319.56-2ggAdded 65656 319.59(a) and (b) amended 31101 319.59-1Amended 50752 319.59-2(a) introductory text, (1)(i), (b)(2) and (c)(2) amended; (a)(2) revised; (b)(3) added 31101 319.69(b)(1) revised 31102 319.73-1—319.73-4 (Subpart)Revised 65650 354Meeting 54553 Clarification 56781 354.2Table amended 16879 354.3(j) added; interim 50111 1999 7 CFR 64 FR Page Chapter III 300Effective date confirmation 49079 300.1(a) introductory text revised 37665 301Effective date confirmation 49079 301.45Regulation at 63 FR 38280 confirmed 4286 301.45-3Regulation at 63 FR 38280 confirmed 4286 (a) amended; interim 40510 301.50-3(c) amended; (d) removed; interim 387 Regulation at 64 FR 387 confirmed 15918 301.51-3(c) amended; interim 28715 Regulation at 63 FR 63387 confirmed 29208 Regulation at 64 FR 28715 confirmed 56949 301.64(a) amended; interim 40282 301.64-2(a) amended; interim 71269 301.64-3(c) amended 31965 (c) amended; interim 40282, 52212, 71269 301.64-10(e) amended 37665 (c) revised; (f) added; interim 71270 301.75-1Regulation at 61 FR 1521 confirmed 38815 301.75-4(a) revised; interim 4780 Regulations at 61 FR 1521 and 64 FR 4780 confirmed 38815 301.75-7(b) revised; interim 60091 301.78-3(c) amended; interim 30214, 45860 (c) revised; interim 48246 Regulation at 64 FR 48246 confirmed 63171 301.81-3(e) amended; interim 27658, 60334 301.81—301.81-10(Subpart) Appendix amended; interim 27659 Appendix amended 57970 Appendix amended; interim 60334 301.89-1Amended 23752 301.89-3(e) and (f) revised 23752 301.89-4Revised 23754 301.89-6(b) amended; (d) removed; (e) redesignated as (d) 23754 301.89-9(a) table amended 29550 301.89-12(b) removed 23754 301.89-13(f) removed 23754 301.89-15Heading, introductory text, (a) introductory text, (b) and (c) introductory text revised; (c)(2) amended 34113 301.89-16Heading, introductory text, (a), (b), (c)(1) and (2) amended 34113 301.93-3(c) revised 31964 (c) amended; interim 52214, 55812 319.28(b)(1) corrected; CFR correction 69629 319.37-5(p) added; interim 45866 319.37-8(e) introductory text, (2)(ii), (vii) and (viii) amended; (e)(2)(ix) and (x) added 66716 319.40-2(f) added; interim 45866 319.40-5(g)(1), (2)(i), (6) and (i) amended 59604 319.40-7(f) introductory text amended 59604 319.56-2(h) revised 2994 319.56-2ff(j) and (k) added; eff. 1-5-00 68005 319.74-1—319.74-4(Subpart) Revised 38110 319.77-1—319.77-5(Subpart) Added; interim 45866 353Authority citation revised 72264 353.1Amended 1105 Amended; interim 72264 353.2Amended; interim 72264 353.5(a) and (b) amended; interim 72264 353.7(a)(4), (b)(4) and (c)(4) amended 1105 (e) added; interim 72265 353.8Added 1105 354.2Table amended 25800 354.3(b)(1) table, (c)(1) table, (d)(1) table, (e)(1) table and (f)(1) table revised; (c)(3)(i) amended 62096 360.200(a) and (c) amended 12883 360.300(a) through (d) redesignated as (b) through (e); new (a) added; heading, new (b) and new (e) revised; interim 41009 361.6(a)(1) amended 12884 2000 7 CFR 65 FR Page Chapter III 300.1(a) introductory text revised 37667 301Authority citation revised 50596, 61080 301.45-3Regulation at 64 FR 50410 confirmed 6526 301.50-2(a) revised 51518 301.50-3(c) amended; interim 37842 301.50-10(b) amended; (c) revised 51518 301.51-3(c) amended; interim 4866 Regulation at 65 FR 4866 confirmed 31246 (c) amended; interim 54944 301.52(a) amended; interim 11204 Regulation at 65 FR 11204 confrimed 54139 301.52-2aAmended; interim 11204 Regulation at 65 FR 11204 confrimed 54139 301.64Regulation at 64 FR 40282 confirmed 51516 301.64-3(c) amended; interim 20706, 37006 Regulation at 64 FR 40282 confirmed 51516 301.74-5Added; interim 55435 301.74—301.74-4(Subpart) Added; interim 35264 Regulation at 65 FR 35264 confirmed 53528 301.75-1Amended; interim 61080 301.75-4(a) revised; interim 53530 (a) heading correctly revised 57723 301.75-15Added; interim 61080 301.78-1Regulations at 62 FR 33538 and 47556 confirmed 54742 301.78-2Regulations at 62 FR 33538 and 47556 confirmed 54742 301.78-3Regulation at 63 FR 44541 confirmed 52297 Regulations at 62 FR 33538, 36977, 43271, 47556, 54572, 61898, 63 FR 19798, 20054, 25750, 27440, 31888, 43288, 43539, 45393 and 54038 confirmed 54742 301.78-10Regulation at 62 FR 47557 confirmed; (c)(3)(i) amended; (c)(5)(ii) and (iii) revised 54742 301.81-3(e) amended; interim 66489 301.81—301.81-10(Subpart) Regulation at 64 FR 27659 confirmed 5221 Regulation at 64 FR 60334 confirmed 30337 Appendix amended; interim 30341 301.81-3Regulation at 64 FR 27658 confirmed 5221 Regulation at 64 FR 60334 confirmed 30337 (e) amended; interim 30339 Regulation at 65 FR 30339 confirmed 51517 301.89-2(i) revised 50596 301.89-3(f) amended 50596 301.89-12(a) revised 50598 301.93-3(c) revised; interim 26488 Regulation at 65 FR 26488 confirmed 51515 Regulation at 64 FR 55812 confirmed 52296 301.97—301.97-10(Subpart) Added; interim 8636 Regulation at 65 FR 8536 confirmed 57537 301.97-3(c) revised; interim 39780 Regulation at 65 FR 39790 confirmed 57537 319.28(a)(1), (2) and (3) amended 37667 319.40-1Amended 21127 319.40-6(c) revised 21127 319.40-7(e) revised 21128 319.56a(e) amended 37667 319.56-2fAdded 37667 319.56-2iRevised 37669 319.74-3Correctly removed; CFR correction 63765 319.74-4Correctly removed; CFR correction 63765 319.77-1Amended 38175 319.77-3Revised 38175 319.77-4(a) introductory text, (1), (b) heading, (1) and footnote 2 revised; (a)(2)(ii) and (b)(2)(ii) amended 38176 353Authority citation revised 50131 353.1Regulation at 64 FR 72264 confirmed; amended 50131 353.2Regulation at 64 FR 72264 confirmed 50131 353.5Regulation at 64 FR 72264 confirmed 50131 353.7Regulation at 64 FR 72264 confirmed 50131 360.200(c) amended 33743 361.6(a)(1) amended 33743 371Revised 1299 371.3(b)(2)(xv) added 49471 2001 7 CFR 66 FR Page Chapter III 300Authority citation revised 21050 300.1(c) and (d) added 37400 (a) introductory text revised 45158 (a) introductory text revised; eff. 1-7-02 56428 Regulation at 66 FR 56428 confirmed 67071 301Authority citation revised 21050, 32717 301.38Footnote 1 amended 21050 301.45(a) amended 21050 (a) amended; interim 37114 301.45-3(a) amended; interim 37114 301.45-9Amended 21050 301.48(a) amended 21050 301.48-5Amended 21051 301.50Footnote 1 amended 21051 301.50-3Regulation at 65 FR 37842 confirmed 20186 (c) amended; (d) illustration revised 37403 (d) removed; CFR correction 46509 (d) corrected 46692 301.50-5(a)(3) and (b)(2) revised 21051 301.51-3Regulation at 65 FR 54944 confirmed 41439 (c) amended; interim 56430 301.51-5(a)(2) and (b)(2) revised 21051 301.52-8Amended 21051 301.64Footnote 1 amended 21051 301.64-1Amended 21051 301.64-2Regulation at 64 FR 71269 confirmed 40574 301.64-3Regulation at 64 FR 52212, 71269, 65 FR 20706 and 37006 confirmed 40574 301.64-5(a)(2) and (b)(2) revised 21051 301.64-10Regulation at 64 FR 71270 confirmed 40574 301.74Footnote 1 amended 21051 301.75-1Amended 32717 301.75-15(c) revised 43066 301.75-16Added 32717 (c) corrected 33740 301.78Footnote 1 amended 21051 301.78-5(a)(3) and (b)(2) revised 21051 301.80(a) revised 21052 301.80-1Amended 21052 301.80-8Amended 21052 301.81-3Regulation at 65 FR 66489 confirmed 20186 301.81-5(a)(2) and (b)(2) revised 21052 301.85(a) revised 21052 301.85-1Amended 21052 301.85-8Amended 21052 301.87Heading, footnote 1 and (a) revised 21052 301.87-1Amended 21052 301.87-5(a)(2) and (b)(2) revised 21053 301.89-3 (f) amended; interim 32210, 37576 (f) revised 63152 301.89-6(a)(2) and (c)(2) revised 21053 301.89-15Heading, introductory text, (a) introductory text, (b) introductory text and (c) introductory text revised 40842 301.89-16Heading, introductory text, (a), (b), (c)(1) and (2) amended 40842 301.91Heading amended 21053 301.91-1Amended 21053 301.91-5(a)(2) and (b)(2) revised 21053 301.93Footnote 1 amended 21053 301.93-3(c) revised; interim 46366 (c) amended; interim 55068 301.93-5(a)(2) and (b)(2) revised 21053 301.97Footnote 1 amended 21053 301.97-5(a)(3) and (b)(2) revised 21053 301.98—301.98-10(Subpart) Added; interim 6433 301.98—1Corrected 20186 301.98-3(c) revised; interim 33632 302Added; interim 1016 Authority citation revised 21054 302.2Revised 54641 318Authority citation revised 21054 318.13(a) revised 21054 318.13-12(a) amended 21054 318.30(b) revised 21054 318.47(b) revised 21054 318.58(a) revised 21054 318.60(b) revised 21054 318.82(a) revised 21054 319Authority citation revised 21054 Policy statement 38137, 45921 319.8Amended 21054 319.8-1Amended 21055 319.8-2Authority citation removed 21055 319.8-4Authority citation removed 21055 319.8-5Authority citation removed 21055 319.8-26Amended 21055 319.15(a) revised 21055 319.24(b) revised 21055 319.24-1Authority citation removed 21055 319.24-3Authority citation removed 21055 319.24-4Authority citation removed 21055 319.28(a) revised 21055 319.37-1Amended 21055 319.37-3(c) and (f) revised; authority citation removed 21055 319.37-5Authority citation removed 21056 319.37-7(f)(4) amended; authority citation removed 21056 319.37-8Authority citation removed 21056 319.37-10Authority citation removed 21056 319.37-11Authority citation removed 21056 319.40-4(c) revised 21056 319.40-9(a)(4)(i) amended 21056 319.41(b) and (c) revised 21056 319.41-2Authority citation removed 21056 319.41-4Authority citation removed 21056 319.41-6Authority citation removed 21056 319.55(b) and (c) revised 21056 319.55-2Authority citation removed 21056 319.55-5Authority citation removed 21056 319.55-7Authority citation removed 21056 319.56(b) and (c) revised 21056 319.56-2(h) and (j) revised 45158 319.56-2jAuthority citation removed 21056 319.56-2tTable amended 45158 319.56-2u(b)(7) revised; (b)(8) removed 45160 319.56-2wHeading, introductory text and (a) revised 45160 319.56-2xTable amended 45161 319.56-2ee(a)(1) amended 45161 319.56-2ffHeading, introductory text, (a)(2), (3), (c)(3)(vii), (f)(1), (g) and (i) revised; (e)(2) and (3) amended 55551 319.56-2hhAdded 45161 319.56-2iiAdded 32213 319.56-3Authority citation removed 21056 319.56-5Authority citation removed 21056 319.59—319.59-2(Subpart) Authority citation removed 21056 319.59(a) revised; (b) amended 21056 319.59-1Amended 21057 319.75(b) amended 21057 319.75-1Amended 21057 319.75-3(c) revised; authority citation removed 21057 319.75-5Authority citation removed 21057 319.75-6Authority citation removed 21057 319.76(b) amended 21057 319.76-1Amended 21057 319.76-3(c) revised 21057 319.77-5Amended 21057 322Authority citation revised 21057 330Authority citation revised 21058 330.100Amended 21058 330.102Revised 21058 330.106(a) amended 21058 330.205Amended 21058 330.207Amended 21058 330.208Amended 21058 330.210Amended 21058 330.211Heading and (c) revised 21058 330.400(f) revised 21058 340Authority citation revised 21058 340.0(a)(2) Footnote 1 and (b) Footnote 2 revised 21058 340.3(b)(1) amended 21058 351Authority citation revised 21058 351.1Revised 21059 352Authority citation revised 21059 352.1(b) amended 21059 352.2(a), (b) and (c)(1) revised 21059 352.3(a) revised 21059 352.5(d) amended 21059 352.6Authority citation removed 21059 352.7Authority citation removed 21059 352.10(a), (b)(1) and (2) amended 21059 352.13Amended 21059 353Auhority citation revised 21059 353.1Amended 21059, 37400 Amended; interim 37116 353.7(e)(4) revised; interim 37116 353.8Amended (OMB number) 37400 353.9Added 37400 354Authority citation revised 21060 354.1Authority citation removed 21060 354.2Table amended 46211 354.3(a) amended 21060 355Footnotes 1 and 2 removed; authority citation revised 21060 355.1Revised 21060 355.11Footnote 3 revised 21060 356Authority citation revised 21060 360Authority citation revised 21060 360.200Heading and introductory text revised 21060 360.300Authority citation removed 21060 Regulation at 65 FR 41009 confirmed 32217 361Authority citation revised 21060 371.3(b)(2)(i) through (v) removed; (b)(2)(vi) through (xv) redesignated as (b)(2)(i) through (b)(2)(x); new (b)(2)(iii) and (v) revised; new (b)(2)(ix) and (x) amended; new (b)(2)(xi) added 21060 372Authority citation revised 21060 380Authority citation revised 21060 380.1Revised 21061 ○