[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2006 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
7
Parts 300 to 399
Revised as of January 1, 2006
Agriculture
________________________
Containing a codification of documents of general
applicability and future effect
As of January 1, 2006
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
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........ 601
Table of CFR Titles and Chapters........................ 603
Alphabetical List of Agencies Appearing in the CFR...... 621
List of CFR Sections Affected........................... 631
[[Page iv]]
----------------------------
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.
----------------------------
[[Page v]]
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
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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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
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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.
[[Page vi]]
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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
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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
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to materials already published elsewhere. For an incorporation to be
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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 202-741-6010.
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,
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also included in this volume.
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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.
[[Page vii]]
REPUBLICATION OF MATERIAL
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INQUIRIES
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Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2006.
[[Page ix]]
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, 2006.
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.
For this volume, Elmer Barksdale was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 300 to 399)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued)
Part
chapter iii--Animal and Plant Health Inspection Service,
Department of Agriculture................................. 300
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
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Part Page
300 Incorporation by reference.................. 7
301 Domestic quarantine notices................. 8
302 District of Columbia; movement of plants and
plant products.......................... 175
305 Phytosanitary treatments.................... 175
318 Hawaiian and territorial quarantine notices. 243
319 Foreign quarantine notices.................. 283
322 Honeybees and honeybee semen................ 445
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 458
331 Possession of biological agents and toxins.. 476
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............................. 487
351 Importation of plants or plant products by
mail.................................... 505
352 Plant quarantine safeguard regulations...... 507
353 Export certification........................ 519
354 Overtime services relating to imports and
exports; and user fees.................. 530
355 Endangered species regulations concerning
terrestrial plants...................... 555
356 Forfeiture procedures....................... 561
360 Noxious weed regulations.................... 565
361 Importation of seed and screenings under the
Federal Seed Act........................ 568
370 Freedom of information...................... 584
371 Organization, functions, and delegations of
authority............................... 586
372 National Environmental Policy Act
implementing procedures................. 592
380 Rules of practice governing proceedings
under certain acts...................... 597
[[Page 6]]
381-399 [Reserved]
[[Page 7]]
PART 300_INCORPORATION BY REFERENCE--Table of Contents
Subpart_Materials Incorporated by Reference
Sec.
300.1 [Reserved]
300.2 Dry Kiln Operator's Manual.
300.3 Reference Manual A.
300.4 Reference Manual B.
300.5 International Standards for Phytosanitary Measures.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Source: 67 FR 8463, Feb. 25, 2002, unless otherwise noted.
Editorial Note: Nomenclature changes to part 300 appear at 69 FR
18803, Apr. 9, 2004.
Sec. 300.1 [Reserved]
Sec. 300.2 Dry Kiln Operator's Manual.
(a) 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.
(b) 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.
(c) Availability. Copies of the Dry Kiln Operator's Manual:
(1) Are available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
(2) 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.
Sec. 300.3 Reference Manual A.
(a) The Reference Manual for Administration, Procedures, and
Policies of the National Seed Health System, 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.
(b) Availability. Copies of Reference Manual A:
(1) Are available for inspection at the APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
(2) May be obtained by writing to Phytosanitary Issues Management,
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD
20737-1236; or
(3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.
Sec. 300.4 Reference Manual B.
(a) The Reference Manual for Seed Health Testing and Phytosanitary
Field Inspection Methods, 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.
(b) Availability. Copies of Reference Manual B:
(1) Are available for inspection at the APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
(2) May be obtained by writing to Phytosanitary Issues Management,
[[Page 8]]
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD
20737-1236; or
(3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.
Sec. 300.5 International Standards for Phytosanitary Measures.
(a) The International Standards for Phytosanitary Measures
Publication No. 4, ``Requirements for the Establishment of Pest Free
Areas,'' which was published February 1996 by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization 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.
(b) Availability. Copies of International Standards for
Phytosanitary Measures Publication No. 4:
(1) Are available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
(2) May be obtained by writing to Phytosanitary Issues Management,
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD
20737-1236; or
(3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/standards/.
[68 FR 37915, June 25, 2003]
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart_Imported Plants and Plant Parts
Sec.
301.10 Definitions.
301.11 Notice of quarantine; prohibition on the interstate movement of
certain imported plants and plant parts.
Subpart_Black Stem Rust
301.38 Notice of quarantine; restrictions on interstate movement of
regulated articles.
301.38-1 Definitions.
301.38-2 Regulated articles.
301.38-3 Protected areas.
301.38-4 Interstate movement of regulated articles.
301.38-5 Assembly and inspection of regulated articles; issuance and
cancellation of certificates.
301.38-6 Compliance agreements and cancellation.
301.38-7 Attachment and disposition of certificates.
301.38-8 Costs and charges.
Subpart_Gypsy Moth
301.45 Notice of quarantine; restriction on interstate movement of
specified regulated articles.
301.45-1 Definitions.
301.45-2 Authorization to designate and terminate designation of
generally infested areas.
301.45-3 Generally infested areas.
301.45-4 Conditions governing the interstate movement of regulated
articles and outdoor household articles from generally
infested areas.
301.45-5 Issuance and cancellation of certificates, limited permits, and
outdoor household article documents.
301.45-6 Compliance agreement and cancellation thereof.
301.45-7 Assembly and inspection of regulated articles and outdoor
household articles.
301.45-8 Attachment and disposition of certificates, limited permits,
and outdoor household article documents.
301.45-9 Inspection and disposal of regulated articles and pests.
301.45-10 Movement of live gypsy moths.
301.45-11 Costs and charges.
301.45-12 Disqualification of qualified certified applicator to issue
certificates.
Subpart_Japanese Beetle
Quarantine and Regulations
301.48 Notice of quarantine; quarantine restrictions on interstate
movement of regulated articles.
301.48-1 Definitions.
301.48-2 Authorization to designate, and terminate designation of,
regulated airports.
301.48-3 Notification of designation, and termination of designation, of
regulated airports.
301.48-4 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.48-5 Inspection and disposal of regulated articles and pests.
301.48-6 Movement of live Japanese beetles.
301.48-7 Nonliability of the Department.
301.48-8 Compliance agreements and cancellation.
[[Page 9]]
Subpart_Pine Shoot Beetle
301.50 Restrictions on interstate movement of regulated articles.
301.50-1 Definitions.
301.50-2 Regulated articles.
301.50-3 Quarantined areas.
301.50-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.50-5 Issuance and cancellation of certificates and limited permits.
301.50-6 Compliance agreements and cancellation.
301.50-7 Assembly and inspection of regulated articles.
301.50-8 Attachment and disposition of certificates and limited permits.
301.50-9 Costs and charges.
301.50-10 Treatments.
Subpart_Asian Longhorned Beetle
301.51-1 Definitions.
301.51-2 Regulated articles.
301.51-3 Quarantined areas.
301.51-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.51-5 Issuance and cancellation of certificates and limited permits.
301.51-6 Compliance agreements and cancellation.
301.51-7 Assembly and inspection of regulated articles.
301.51-8 Attachment and disposition of certificates and limited permits.
301.51-9 Costs and charges.
Subpart_Pink Bollworm
Quarantine and Regulations
301.52 Quarantine; restriction on interstate movement of specified
regulated articles.
301.52-1 Definitions.
301.52-2 Authorization for Deputy Administrator to list regulated areas
and suppressive or generally infested areas.
301.52-2a Regulated areas; suppressive and generally infested areas.
301.52-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.52-4 Issuance and cancellation of certificates and permits.
301.52-5 Compliance agreements; and cancellation thereof.
301.52-6 Assembly and inspection of regulated articles.
301.52-7 Attachment and disposition of certificates or permits.
301.52-8 Inspection and disposal of regulated articles and pests.
301.52-9 Movement of live pink bollworms.
301.52-10 Nonliability of the Department.
Subpart_Emerald Ash Borer
301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.
301.53-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited permits.
301.53-9 Costs and charges.
Subpart_Mexican Fruit Fly Quarantine and Regulations
301.64 Restrictions on interstate movement of regulated articles.
301.64-1 Definitions.
301.64-2 Regulated articles.
301.64-3 Quarantined areas.
301.64-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.64-5 Issuance and cancellation of certificates and limited permits.
301.64-6 Compliance agreement and cancellation thereof.
301.64-7 Assembly and inspection of regulated articles.
301.64-8 Attachment and disposition of certificates and limited permits.
301.64-9 Costs and charges.
301.64-10 Treatments.
Subpart_Plum Pox
301.74 Restrictions on interstate movement of regulated articles.
301.74-1 Definitions.
301.74-2 Regulated articles.
301.74-3 Quarantined areas.
301.74-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.74-5 Compensation.
Subpart_Citrus Canker
Notice of Quarantine and Regulations
301.75-1 Definitions.
301.75-2 General prohibitions.
301.75-3 Regulated articles.
301.75-4 Quarantined areas.
301.75-5 Commercial citrus-producing areas.
301.75-6 Interstate movement of regulated articles from a quarantined
area, general requirements.
301.75-7 Interstate movement of regulated fruit from a quarantined area.
301.75-8 Interstate movement of regulated seed from a quarantined area.
[[Page 10]]
301.75-9 Interstate movement of regulated articles from a quarantined
area for experimental or scientific purposes.
301.75-10 Interstate movement of regulated articles through a
quarantined area.
301.75-11 Treatments.
301.75-12 Certificates and limited permits.
301.75-13 Compliance agreements.
301.75-14 Costs and charges.
301.75-15 Funds for the replacement of commercial citrus trees.
301.75-16 Payments for the recovery of lost production income.
Subpart_Mediterranean Fruit Fly
301.78 Restrictions on interstate movement of regulated articles.
301.78-1 Definitions.
301.78-2 Regulated articles.
301.78-3 Quarantined areas.
301.78-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.78-5 Issuance and cancellation of certificates and limited permits.
301.78-6 Compliance agreements and cancellation.
301.78-7 Assembly and inspection of regulated articles.
301.78-8 Attachment and disposition of certificates and limited permits.
301.78-9 Costs and charges.
301.78-10 Treatments.
Subpart_Witchweed
Quarantine and Regulations
301.80 Quarantine; restriction on interstate movement of specified
regulated articles.
301.80-1 Definitions.
301.80-2 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.
301.80-2a Regulated areas; generally infested and suppressive areas.
301.80-2b Exempted articles.
301.80-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.80-4 Issuance and cancellation of certificates and permits.
301.80-5 Compliance agreements; and cancellation thereof.
301.80-6 Assembly and inspection of regulated articles.
301.80-7 Attachment and disposition of certificates or permits.
301.80-8 Inspection and disposal of regulated articles and pests.
301.80-9 Movement of witchweed.
301.80-10 Nonliability of the Department.
Subpart_Imported Fire Ant
Quarantine and Regulations
301.81 Restrictions on interstate movement of regulated articles.
301.81-1 Definitions.
301.81-2 Regulated articles.
301.81-3 Quarantined areas.
301.81-4 Interstate movement of regulated articles from quarantined
areas.
301.81-5 Issuance of a certificate or limited permit.
301.81-6 Compliance agreements.
301.81-7 Cancellation of a certificate, limited permit, or compliance
agreement.
301.81-8 Assembly and inspection of regulated articles.
301.81-9 Attachment and disposition of certificates and limited permits.
301.81-10 Costs and charges.
Appendix to Subpart--Imported Fire Ant
Subpart--Unshu Oranges [Reserved]
Subpart_Golden Nematode
Quarantine and Regulations
301.85 Quarantine; restriction on interstate movement of specified
regulated articles.
301.85-1 Definitions.
301.85-2 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.
301.85-2a Regulated areas; suppressive and generally infested areas.
301.85-2b Exempted articles.
301.85-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
301.85-4 Issuance and cancellation of certificates and permits.
301.85-5 Compliance agreement and cancellation thereof.
301.85-6 Assembly and inspection of regulated articles.
301.85-7 Attachment and disposition of certificates and permits.
301.85-8 Inspection and disposal of regulated articles and pests.
301.85-9 Movement of live golden nematodes.
301.85-10 Nonliability of the Department.
Subpart_Sugarcane Diseases
Quarantine and Regulations
301.87 Quarantine; restrictions on interstate movement of specified
articles.
301.87-1 Definitions.
301.87-2 Regulated articles.
301.87-3 Regulated areas.
301.87-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
[[Page 11]]
301.87-5 Issuance and cancellation of certificates and limited permits.
301.87-6 Compliance agreement; cancellation.
301.87-7 Assembly and inspection of regulated articles.
301.87-8 Attachment and disposition of certificates and limited permits.
301.87-9 Costs and charges.
301.87-10 Treatments.
Subpart_Karnal Bunt
301.89-1 Definitions.
301.89-2 Regulated articles.
301.89-3 Regulated areas.
301.89-4 Planting.
301.89-5 Movement of regulated articles from regulated areas.
301.89-6 Issuance of a certificate or limited permit.
301.89-7 Compliance agreements.
301.89-8 Cancellation of a certificate, limited permit, or compliance
agreement.
301.89-9 Assembly and inspection of regulated articles.
301.89-10 Attachment and disposition of certificates and limited
permits.
301.89-11 Costs and charges.
301.89-12 Cleaning, disinfection, and disposal.
301.89-13 Treatments.
301.89-14 [Reserved]
301.89-15 Compensation for growers, handlers, and seed companies in the
1999-2000 and subsequent crop seasons.
301.89-16 Compensation for grain storage facilities, flour millers,
National Survey participants, and certain custom harvesters
and equipment owners or lessees for the 1999-2000 and
subsequent crop seasons.
Subpart--Corn Cyst Nematode [Reserved]
Subpart_European Larch Canker
Quarantine and Regulations
301.91 Quarantine and regulations; restrictions on interstate movement
of regulated articles.
301.91-1 Definitions.
301.91-2 Regulated articles.
301.91-3 Regulated areas.
301.91-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.91-5 Issuance and cancellation of certificates and limited permits.
301.91-6 Compliance agreement and cancellation thereof.
301.91-7 Assembly and inspection of regulated articles.
301.91-8 Attachment and disposition of certificates and limited permits.
301.91-9 Costs and charge.
Subpart_Phytophthora Ramorum
301.92 Restrictions on the interstate movement of regulated and
restricted articles.
301.92-1 Definitions.
301.92-2 Regulated and restricted articles.
301.92-3 Quarantined areas.
301.92-4 Conditions governing the interstate movement of regulated and
restricted articles from quarantined areas.
301.92-5 Issuance and cancellation of certificates.
301.92-6 Compliance agreements and cancellation.
301.92-7 Assembly and inspection of regulated articles.
301.92-8 Attachment and disposition of certificates.
301.92-9 Costs and charges.
301.92-10 Treatments.
301.92-11 Inspection and sampling protocol.
Subpart_Oriental Fruit Fly
301.93 Restrictions on interstate movement of regulated articles.
301.93-1 Definitions.
301.93-2 Regulated articles.
301.93-3 Quarantined areas.
301.93-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.93-5 Issuance and cancellation of certificates and limited permits.
301.93-6 Compliance agreements and cancellation.
301.93-7 Assembly and inspection of regulated articles.
301.93-8 Attachment and disposition of certificates and limited permits.
301.93-9 Costs and charges.
301.93-10 Treatments.
Subpart_Melon Fruit Fly
301.97 Restrictions on interstate movement of regulated articles.
301.97-1 Definitions.
301.97-2 Regulated articles.
301.97-3 Quarantined areas.
301.97-4 Conditions governing the interstate movement of regulated
articles from regulated areas.
301.97-5 Issuance and cancellation of certificates and limited permits.
301.97-6 Compliance agreements and cancellation.
301.97-7 Assembly and inspection of regulated articles.
301.97-8 Attachment and disposition of certificates and limited permits.
301.97-9 Costs and charges.
301.97-10 Treatments.
Subpart_West Indian Fruit Fly
301.98 Restrictions on interstate movement of regulated articles.
[[Page 12]]
301.98-1 Definitions.
301.98-2 Regulated articles.
301.98-3 Quarantined areas.
301.98-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.98-5 Issuance and cancellation of certificates and limited permits.
301.98-6 Compliance agreements and cancellation.
301.98-7 Assembly and inspection of regulated articles.
301.98-8 Attachment and disposition of certificates and limited permits.
301.98-9 Costs and charges.
301.98-10 Treatments.
Subpart_Sapote Fruit Fly
301.99 Restrictions on interstate movement of regulated articles.
301.99-1 Definitions.
301.99-2 Regulated articles.
301.99-3 Quarantined areas.
301.99-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.99-5 Issuance and cancellation of certificates and limited permits.
301.99-6 Compliance agreements and cancellation.
301.99-7 Assembly and inspection of regulated articles.
301.99-8 Attachment and disposition of certificates and limited permits.
301.99-9 Costs and charges.
301.99-10 Treatments.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421
note).
Subpart_Imported Plants and Plant Parts
Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.
Sec. 301.10 Definitions.
Move (moved, movement). 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.
State. Any State, territory, district, or possession of the United
States.
Sec. 301.11 Notice of quarantine; prohibition on the interstate movement
of certain imported plants and plant parts.
(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.
(b) Under this quarantine notice, whenever any imported plant or
plant part is subject to destination restrictions under part 319:
(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
(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.
Subpart_Black Stem Rust
Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.
Sec. 301.38 Notice of quarantine; restrictions on interstate movement
of regulated articles.
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.\1\
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\1\ 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).
[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]
[[Page 13]]
Sec. 301.38-1 Definitions.
In this subpart the following definitions apply:
Administrator. The Administrator, Animal and Plant Health Inspection
Service (APHIS), or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculure.
Black stem rust. The disease commonly known as the black stem rust
of grains (Puccinia graminis).
Certificate. 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 Sec. 301.38-5(b) of this subpart and may be
moved interstate to any destination.
Compliance agreement. 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.
Departmental permit. 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 Berberis, Mahoberberis, and Mahonia
into protected areas.
Inspector. Any APHIS employee or other person authorized by the
Administrator in accordance with law to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. 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.
Moved (movement, move). 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.
``Movement'' and ``move'' shall be construed in accordance with this
definition.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Protected area. Those States or counties designated in Sec. 301.38-
3(c) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia species, and their progeny, that have proven
resistant to black stem rust during testing by the United States
Department of Agriculture,\2\ and that are listed as rust-resistant
under Sec. 301.38-2 (a)(2) and (a)(3).
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\2\ 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, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. 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.
---------------------------------------------------------------------------
Rust-susceptible plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia species not listed as rust-resistant under
Sec. 301.38-2 (a)(2) and (a)(3).
Regulated article. Any article listed in Sec. 301.38-2 (a)(1)
through (a)(4) of this subpart or otherwise designated as a regulated
article in accordance with Sec. 301.38-2(a)(5) of this subpart.
Seedling. Any plant of the genera Berberis, Mahoberberis, and
Mahonia grown from seed and having less than 2 years' growth.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
[[Page 14]]
Two years' growth. The growth of a plant during all growing seasons
of 2 successive calendar years.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178,
Feb. 22, 2002]
Sec. 301.38-2 Regulated articles.
(a) The following are regulated articles: \3\
---------------------------------------------------------------------------
\3\ Permit and other requirements for the insterstate movement of
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(1) All seedlings and plants of less than 2 years' growth of the
genus Berberis.
(2) All plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species.
B. aggregata x B. wilsoniae 'Pirate King'
B. 'Amstelveen'
B. aridocalida
B. beaniana
B. buxifolia
B. buxifolia nana
B. calliantha
B. candidula
B. candidula 'Amstelveen'
B. candidulaxB. verruculosa 'Amstelveen'
B. cavallieri
B. chenaulti
B. chanaulti 'Apricot Queen'
B. circumserrata
B. concinna
B. coxii
B. darwini
B. dasystachya
B. dubia
B. feddeana
B. formosana
B. franchetiana
B. gagnepainii
B. gagnepaini 'Chenault'
B. gilgiana
B. gladwynensis
B. gladwynensis 'William Penn'
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. integerrima 'Wallichs Purple'
B. julianae
B. julianae 'Nana'
B. julianae 'Spring Glory'
B. koreana
B. koreanaxB. thunbergii hybrid Bailsel
B. koreanaxB. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. 'Orange King'
B. lologensis
B. lologensis 'Mystery Fire'
B. manipurana
B. media 'Park Jewel'
B. media 'Red Jewel'
B. mentorensis
B. pallens
B. poirettii 'BJG 073', 'MTA'
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. soulieana 'Claret Cascade'
B. stenophylla
B. stenophylla diversifolia
B. stenophylla gracilis
B. stenophylla irwini
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii 'Antares'
B. thunbergii argenteo marginata
B. thunbergii atropurpurea
B. thunbergii atropurpurea erecta
B. thunbergii atropurpurea erecta Marshalli
B. thunbergii atropurpurea 'Golden Ring'
B. thunbergii atropurpurea 'Intermedia'
B. thunbergii atropurpurea 'Knight Burgundy'
B. thunbergii atropurpurea nana
B. thunbergii atropurpurea 'Redbird'
B. thunbergii atropurpurea 'Rose Glow'
B. thunbergii aurea
B. thunbergii 'Aurea Nana'
B. thunbergii 'Bagatelle'
B. thunbergii 'Bailgreen' (Jade CarouselTM)
B. thunbergii 'Bailone'
B. thunbergii 'Bailone' (Ruby Carousel [reg])
B. thunbergii 'Bailtwo'
B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
B. thunbergii 'Bonanza Gold'
[[Page 15]]
B. thunbergii 'Concorde'
B. thunbergii 'Crimson Pygmy'
B. thunbergii 'Criruzam' Crimson RubyTM
B. thunbergii 'Dwarf Jewell'
B. thunbergii erecta
B. thunbergii 'globe'
B. thunbergii 'golden'
B. thunbergii 'Golden Pygmy'
B. thunbergii 'Green Carpet'
B. thunbergii 'Harlequin'
B. thunbergii 'Helmond Pillar'
B. thunbergii 'Kobold'
B. thunbergii 'Lime Glow'
B. thunbergii 'Lustre Green'
B. thunbergii maximowiczi
B. thunbergii 'Midruzam' Midnight RubyTM
B. thunbergii minor
B. thunbergii 'Monlers'
B. thunbergii 'Monomb'
B. thunbergii 'Monry'
B. thunbergii 'Painter's Palette'
B. thunbergii 'Pink Queen'
B. thunbergii pluriflora
B. thunbergii 'Royal Burgundy'
B. thunbergii 'Royal Cloak'
B. thunbergii 'Sparkle'
B. thunbergii 'Thornless'
B. thunbergii 'Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergiix'Bailsel' (Golden Carousel [reg])
B. thunbergiix'Tara' (Emerald Carousel [reg])
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B.xcarminea 'Pirate King'
B.xfrikartii 'Amstelveen'
(3) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species, except Mahonia cuttings for decorative purposes:
(i) Genus Mahoberberis:
M. aqui-candidula
M. aquifolium 'Smaragd'
M. aqui-sargentiae
M. miethkeana
M.x'Magic'
(ii) Genus Mahonia:
M. amplectens
M. aquifolium
M. aquifolium atropurpurea
M. aquifolium compacta
M. aquifolium compacta 'John Muir'
M. aquifolium 'Donewell'
M. aquifolium 'Kings Ransom'
M. aquifolium 'Orangee Flame'
M. aquifolium 'Undulata'
M. aquifolium 'Winter Sun'
M. 'Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. 'Golden Abundance'
M. japonica
M. japonicaxM. lomariifolia 'Charity'
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata 'Ken Hartman'
M. piperiana
M. pumila
M. repens
M.xmedia 'Charity'
M.xmedia 'Winter Sun'
(4) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible
species and varieties of the genera Mahoberberis and Mahonia, except
Mahonia cuttings for decorative purposes.
(5) Any other product or article not listed in paragraphs (a)(1)
through (a)(4) 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.
(b) A person may request that an additional rust-resistant variety
be added to paragraph (a)(2) or (a)(3) of this section. The person
requesting that a rust-resistant variety be added to paragraph (a)(2) or
(a)(3) of this section must provide APHIS with a description of the
variety, including a written description and color pictures that can be
used by an inspector to clearly identify the variety and distinguish it
from other varities.
(Approved by the Office of Management and Budget under control number
0579-0186)
[67 FR 8179, Feb. 22, 2002]
[[Page 16]]
Sec. 301.38-3 Protected areas.
(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 Berberis, Mahoberberis, and Mahonia 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 Sec. 301.38-5, and
maintain and enforce an inspection program 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
Berberis, Mahoberberis, and Mahonia, and that the plants are true to
type. Plants that do not meet this criteria must be destroyed.
(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 Berberis,
Mahoberberis, and Mahonia under the cooperative Federal-State program,
and;
(1) The State employs personnel with responsibility for the issuance
and withdrawal of certificates in accordance with Sec. 301.38-5;
(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
(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 Berberis, Mahoberberis, and
Mahonia. During the requisite nursery inspections, all nursery stock
shall be examined to determine that it consists only of rust-resistant
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that
the plants are true to type. Plants that do not meet this criteria must
be destroyed.
(c) All seed used to propagate plants of the genera Berberis,
Mahoberberis, and Mahonia in protected areas, and all seed used to
propagate plants of the genera Berberis, Mahoberberis, and Mahonia 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.\4\
---------------------------------------------------------------------------
\4\ Persons performing the inspections must be able to recognize
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia.
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.
---------------------------------------------------------------------------
(d) The following are designated as protected areas:
(1) The States of Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio,
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
(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.
(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
[[Page 17]]
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.
(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 (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.
[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990;
57 FR 3118, Jan. 28, 1992]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. (1) Interstate movement of regulated
articles into or through any State or area that is not designated a
protected area under Sec. 301.38-3(c) is allowed without restriction
under this subpart.
(b) Protected areas--(1) Prohibited movement. The following
regulated articles are prohibited from moving interstate into or through
any protected area:
(i) All Berberis seedlings and plants of less than 2 years' growth,
and rust-susceptible Berberis plants, seeds, fruits, and other plant
parts capable of propagation.
(ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings,
seeds, fruits, and other plant parts capable of propagation.
(2) Restricted movement: The following regulated articles may be
moved interstate into or through a protected area with a certificate
issued and attached in accordance with Sec. Sec. 301.38-5 and 301.38-7
of this subpart:
(i) Plants of at least two years' growth, seeds, fruits, and other
plant parts capable of propagation of the genus Berberis that are
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart;
(ii) Plants, seedlings, seeds, fruits, and other plant parts capable
of propagation of the genera Mahoberberis and Mahonia that are
designated as rust-resistant in Sec. 301.38-2(a)(3) of this subpart.
(c) An inspector may issue a limited permit to allow a regulated
article not eligible for certification under Sec. 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.
(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.
[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002]
Sec. 301.38-5 Assembly and inspection of regulated articles: issuance
and cancellation of certificates.
(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 Sec.
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 \5\ to
[[Page 18]]
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.
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\5\ 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.
---------------------------------------------------------------------------
(b) An inspector may issue a certificate for the interstate movement
of a regulated article if he or she:
(1) Determines, upon examination, that the regulated article may be
moved interstate in accordance with this subpart; and
(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.
(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.
(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.
[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994;
67 FR 8180, Feb. 22, 2002]
Sec. 301.38-6 Compliance agreements and cancellation.
(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.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
(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
[[Page 19]]
practice for the hearing. The compliance agreement will remain cancelled
---------------------------------------------------------------------------
pending decision of the appeal.
[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]
Sec. 301.38-7 Attachment and disposition of certificates.
(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:
(1) The certificate may be attached to the regulated article itself
if it is not in container; or
(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.
(b) The carrier must furnish the certificate to the consignee at the
destination of the regulated article.
Sec. 301.38-8 Costs and charges.
The services of an inspector \4\ 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.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]
Subpart_Gypsy Moth
Source: 58 FR 39423, July 23, 1993, unless otherwise noted.
Sec. 301.45 Notice of quarantine; restriction on interstate movement
of specified regulated articles.
(a) Notice of quarantine. 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, Lymantria dispar (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 Sec.
301.45-1.
(b) Restrictions on the interstate movement of regulated articles
and outdoor household articles. 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.
[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]
Sec. 301.45-1 Definitions.
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:
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Associated equipment. 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.
Certificate. 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.
Compliance agreement. A written agreement between a person engaged
in growing, handling, or moving regulated articles, and APHIS, wherein
the
[[Page 20]]
former agrees to comply with the requirements of the compliance
agreement.
Effectively diminishing. 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.
Eradication program. A program that uses pesticide application,
biological controls, or other methods with the goal of eliminating gypsy
moth from a particular area.
General infestation. (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
(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.
Generally infested area. Any State, or portion thereof, listed as a
generally infested area in Sec. 301.45-3 or temporarily designated as a
generally infested area in accordance with Sec. 301.45-2(c).
Gypsy moth. The live insect known as the gypsy moth, Lymantria
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement of regulated articles to a specified destination.
Mobile home. Any vehicle, other than a recreational vehicle,
designed to serve, when parked, as a dwelling or place of business.
Move (movement, moved). 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.
Outdoor household articles. 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.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Qualified certified applicator. 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 [reg]); (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 Sec. 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.\1\
---------------------------------------------------------------------------
\1\ 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.
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[[Page 21]]
Recreational vehicles. Highway vehicles, including pickup truck
campers, one-piece motor homes, and travel trailers, designed to serve
as temporary places of dwelling.
Regulated articles. (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.
(2) Logs, pulpwood, and wood chips.
(3) Mobile homes and associated equipment.
(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 risk of artificial spread of gypsy moth
infestation and the person in possession thereof has been so notified.
State. Any State, Territory, or District of the United States
including Puerto Rico.
Treatment manual. The provisions currently contained in the Gypsy
Moth Program Manual. \2\
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
Under the direction of. Monitoring treatments to assure compliance
with the requirements in this subpart.
Under the direct supervision of a qualified certified applicator. 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.
[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994;
67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005]
Sec. 301.45-2 Authorization to designate and terminate designation of
generally infested areas.
(a) Generally infested areas. The Administrator shall list as
generally infested areas in Sec. 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:
(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
(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.
(b) Less than an entire State will be designated as a generally
infested area only if the Administrator has determined that:
(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,
(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.
(c) Temporary designation of areas as generally infested areas. The
Administrator or an inspector may temporarily designate any area in any
State as a
[[Page 22]]
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 Sec. 301.45-3 or the designation will be terminated by the
Administrator or an authorized inspector, and notice thereof shall be
given to the owner or person in possession of the areas.
(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.
Sec. 301.45-3 Generally infested areas.
(a) The areas described below are designated as generally infested
areas:
Connecticut
The entire State.
Delaware
The entire State.
District of Columbia
The entire district.
Illinois
Lake County. The entire county.
Indiana
Allen County. The entire county.
De Kalb County. The entire county.
Elkhart County. The entire county.
LaGrange County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
Steuben County. The entire county.
Maine
Androscoggin County. The entire county.
Aroostook County. 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.
Cumberland County. The entire county.
Franklin County. 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.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
Oxford County. 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.
Penobscot County. 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
[[Page 23]]
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.
Piscataquis County. 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 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.
Sagadahoc County. The entire county.
Somerset County. 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.
Waldo County. The entire county.
Washington County. The entire county.
York County. The entire county.
Maryland
The entire State.
Massachusetts
The entire State.
Michigan
The entire State.
New Hampshire
The entire State.
New Jersey
The entire State.
New York
The entire State.
North Carolina
Currituck County. The entire county.
Dare County. 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.
Ohio
Ashland County. The entire county.
Ashtabula County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Guernsey County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Medina County. The entire county.
Monroe County. The entire county.
Morgan County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
[[Page 24]]
Pennsylvania
The entire State.
Rhode Island
The entire State.
Vermont
The entire State.
Virginia
City of Alexandria. The entire city.
City of Bedford. The entire city.
City of Buena Vista. The entire city.
City of Charlottesville. The entire city.
City of Chesapeake. The entire city.
City of Colonial Heights. The entire city.
City of Danville. The entire city.
City of Emporia. The entire city.
City of Fairfax. The entire city.
City of Falls Church. The entire city.
City of Franklin. The entire city.
City of Fredericksburg. The entire city.
City of Hampton. The entire city.
City of Harrisonburg. The entire city.
City of Hopewell. The entire city.
City of Lexington. The entire city.
City of Lynchburg. The entire city.
City of Manassas. The entire city.
City of Manassas Park. The entire city.
City of Newport News. The entire city.
City of Norfolk. The entire city.
City of Petersburg. The entire city.
City of Poquoson. The entire city.
City of Portsmouth. The entire city.
City of Richmond. The entire city.
City of South Boston. The entire city.
City of Staunton. The entire city.
City of Suffolk. The entire city.
City of Virginia Beach. The entire city.
City of Waynesboro. The entire city.
City of Williamsburg. The entire city.
City of Winchester. The entire city.
Accomack County. The entire county.
Albemarle County. The entire county.
Alleghany County. The entire county.
Amelia County. The entire county.
Amherst County. The entire county.
Appomattox County. The entire county.
Arlington County. The entire county.
Augusta County. The entire county.
Bath County. The entire county.
Bedford County. The entire county.
Botetourt County. The entire county.
Brunswick County. The entire county.
Buckingham County. The entire county.
Campbell County. The entire county.
Caroline County. The entire county.
Charles City County. The entire county.
Charlotte County. The entire county.
Chesterfield County. The entire county.
Clarke County. The entire county.
Culpeper County. The entire county.
Cumberland County. The entire county.
Dinwiddie County. The entire county.
Essex County. The entire county.
Fairfax County. The entire county.
Fauquier County. The entire county.
Fluvanna County. The entire county.
Frederick County. The entire county.
Gloucester County. The entire county.
Goochland County. The entire county.
Greene County. The entire county.
Greensville County. The entire county.
Halifax County The entire county.
Hanover County. The entire county.
Henrico County. The entire county.
Highland County. The entire county.
Isle of Wight County. The entire county.
James City County. The entire county.
King and Queen County. The entire county.
King George County. The entire county.
King William County. The entire county.
Lancaster County. The entire county.
Loudoun County. The entire county.
Louisa County. The entire county.
Lunenburg County. The entire county.
Madison County. The entire county.
Mathews County. The entire county.
Mecklenburg County The entire county.
Middlesex County. The entire county.
Nelson County. The entire county.
New Kent County. The entire county.
Northampton County. The entire county.
Northumberland County. The entire county.
Nottoway County. The entire county.
Orange County. The entire county.
Page County. The entire county.
Pittsylvania County. The entire county.
Powhatan County. The entire county.
Prince Edward County. The entire county.
Prince George County. The entire county.
Prince William County. The entire county.
Rappahannock County. The entire county.
Richmond County. The entire county.
Rockbridge County. The entire county.
Rockingham County. The entire county.
Shenandoah County. The entire county.
Southampton County. The entire county.
[[Page 25]]
Spotsylvania County. The entire county.
Stafford County. The entire county.
Surry County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
Westmoreland County. The entire county.
York County. The entire county.
West Virginia
Barbour County. The entire county.
Berkeley County. The entire county.
Braxton County. The entire county.
Brooke County. The entire county.
Calhoun County. The entire county.
Doddridge County. The entire county.
Gilmer County. The entire county.
Grant County. The entire county.
Greenbrier County. The entire county.
Hampshire County. The entire county.
Harrison County. The entire county.
Hancock County. The entire county.
Hardy County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Mineral County. The entire county.
Monongalia County. The entire county.
Morgan County. The entire county.
Nicholas County. The entire county.
Ohio County. The entire county.
Pendleton County. The entire county.
Pleasants County. The entire county.
Pocahontas County. The entire county.
Preston County. The entire county.
Randolph County. The entire county.
Ritchie County. The entire county.
Taylor County. The entire county.
Tucker County. The entire county.
Tyler County. The entire county.
Upshur County. The entire county.
Webster County. The entire county.
Wetzel County. The entire county.
Wirt County. The entire county.
Wood County. The entire county.
Wisconsin
Adams County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Columbia County. The entire county.
Dane County. The entire county.
Dodge County. The entire county.
Door County. The entire county.
Florence County. The entire county.
Fond du Lac County. The entire county.
Forest County. The entire county.
Green Lake County. The entire county.
Jefferson County. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
Langlade County. The entire county.
Lincoln County. The entire county.
Manitowoc County. The entire county.
Marathon County. The entire county.
Marinette County. The entire county.
Marquette County. The entire county.
Menominee County. The entire county.
Milwaukee County. The entire county.
Oconto County. The entire county.
Oneida County. The entire county.
Outagamie County. The entire county.
Ozaukee County. The entire county.
Portage County. The entire county.
Racine County. The entire county.
Rock County. The entire county.
Shawano County. The entire county.
Sheboygan County. The entire county.
Vilas County. The entire county.
Walworth County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Waupaca County. The entire county.
Waushara County. The entire county.
Winnebago County. The entire county.
Wood County. The entire county.
[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; 67 FR 41810, June 20, 2002; 69 FR 31723, June 7,
2004]
Sec. 301.45-4 Conditions governing the interstate movement of regulated
articles and outdoor household articles from generally infested areas.
(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
Sec. Sec. 301.45-5 and 301.45-8.3
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(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
[[Page 26]]
unless a certificate or OHA document has been issued and attached to
such outdoor household article in accordance with Sec. Sec. 301.45-5
and 301.45-8.
(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.
(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:
(1) The article is moved by the U.S. Department of Agriculture for
experimental or scientific purposes, and:
(i) Is moved pursuant to a permit issued for each article by the
Administrator;
(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
(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.
(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.
[58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005]
Sec. 301.45-5 Issuance and cancellation of certificates, limited
permits, and outdoor household article documents.
(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:
(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
(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
(3) It has been treated under the direction of an inspector to
destroy the gypsy moth in accordance with the treatment manual and part
305 of this chapter; or
(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.
(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.
[[Page 27]]
(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 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.
(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:
(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
(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.
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994;
70 FR 33268, June 7, 2005]
Sec. 301.45-6 Compliance agreement and cancellation thereof.
(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
Sec. 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 and part 305 of this chapter. Compliance agreement
forms may be obtained from the Administrator or an inspector.
(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
[[Page 28]]
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 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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994;
70 FR 33268, June 7, 2005]
Sec. 301.45-7 Assembly and inspection of regulated articles and outdoor
household articles.
Persons (other than those authorized to use certificates or limited
permits, or reproductions thereof, under Sec. 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 Sec. 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 Sec. 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.
Sec. 301.45-8 Attachment and disposition of certificates, limited
permits, and outdoor household article documents.
(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.
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Sec. 301.45-9 Inspection and disposal of regulated articles and pests.
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).
[58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001]
[[Page 29]]
Sec. 301.45-10 Movement of live gypsy moths.
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.
Sec. 301.45-11 Costs and charges.
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.
Sec. 301.45-12 Disqualification of qualified certified applicator to
issue certificates.
(a) Any qualified certified applicator may be disqualified from
issuing certificates by the Administrator if he determines that one of
the following has occurred:
(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 [reg]); or
(2) Noncompliance with any of the provisions of this subpart; or,
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]
Subpart_Japanese Beetle
Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.
Quarantine and Regulations
Sec. 301.48 Notice of quarantine; quarantine restrictions on interstate
movement of regulated articles.
(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, Arkansas, 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.
(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, Colorado,
[[Page 30]]
Idaho, Montana, Nevada, Oregon, Utah, and Washington.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996;
66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534,
July 6, 2004]
Sec. 301.48-1 Definitions.
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:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Compliance agreement. 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.
Inspector. 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.
Interstate. From any State into or through any other State.
Japanese beetle. The live insect known as the Japanese beetle
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa,
or adult).
Person. Any individual, corporation, company, partnership, society,
or association, or other organized group of any of the foregoing.
Regulated airport. Any airport or portions of an airport in a
quarantined State declared regulated in accordance with provisions in
Sec. 301.48-2 of this subpart.
Regulated articles. Aircraft at or from regulated airports.
State. Any State, territory, or district of the United States,
including Puerto Rico.
State Plant Regulatory Official. The authorized official of a State
who has responsibility for the operation of the State plant regulatory
program.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996;
70 FR 33268, June 7, 2005]
Sec. 301.48-2 Authorization to designate, and terminate designation
of, regulated airports.
(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 Sec.
301.48(b) may be leaving the airport.
(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.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-3 Notification of designation, and termination of
designation, of regulated airports.
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 Sec. 301.48(b). The Administrator shall also give the
same information to the State Plant Regulatory Official of each State
designated in Sec. 301.48(b) to which any regulated article will move.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
Sec. 301.48-4 Conditions governing the interstate movement of regulated
articles from quarantined States.
A regulated article may be moved interstate from a regulated airport
to
[[Page 31]]
any State \1\ designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic plant
quarantines must be met.
---------------------------------------------------------------------------
(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
(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
(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
(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 Sec. 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:
(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.
(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.
(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.
(4) Aircraft must be treated in accordance with part 305 of this
chapter 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
part 305 of this chapter.
(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.
(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.
(7) Aircraft may be retreated in the noninfested State if live
Japanese beetles are found.
(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 Sec. 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.
[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996; 70
FR 33268, June 7, 2005]
Sec. 301.48-5 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to
[[Page 32]]
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.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996;
66 FR 21051, Apr. 27, 2001]
Sec. 301.48-6 Movement of live Japanese beetles.
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.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]
Sec. 301.48-7 Nonliability of the Department.
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.
Sec. 301.48-8 Compliance agreements and cancellation.
(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.
(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.
[61 FR 32641, June 25, 1996]
Subpart_Pine Shoot Beetle
Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.
Sec. 301.50 Restrictions on interstate movement of regulated articles.
Regulated articles may be moved interstate from any quarantined area
only in accordance with this subpart.\1\
---------------------------------------------------------------------------
\1\ 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).
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66
FR 21051, Apr. 27, 2001]
Sec. 301.50-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Certificate. 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.
[[Page 33]]
Compliance agreement. 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.
Infestation. 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.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual, authorized by the Administrator to enforce
this subpart.
Interstate. From any State into or through any other State.
Limited permit (permit). 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 Sec. 301.50-5(b) of this subpart only to a specified
destination and only in accordance with specified conditions.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted
trees, including dug (balled and burlaped) Christmas trees, and
ornamental pine, such as bonsai.
Pine shoot beetle. The insect known as pine shoot beetle, Tomicus
piniperda (Linnaeus), in any stage of development.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.50-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.50-2 (a) or (b)
of this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.50-2(c) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus 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.
(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.
[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65
FR 51518, Aug. 24, 2000]
Sec. 301.50-3 Quarantined areas.
(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:
(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
(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.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
[[Page 34]]
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 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.
(c) The areas described below are designated as quarantined areas:
Illinois
Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Kane County. The entire county.
Kankakee County. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston County. The entire county.
Macon County. The entire county.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.
Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Whiteside County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Woodford County. The entire county.
Indiana
Adams County. The entire county.
Allen County. The entire county.
Bartholomew County. The entire county.
Benton County. The entire county.
Blackford County. The entire county.
Boone County. The entire county.
Brown County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
Clinton County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Grant County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hendricks County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington County. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Jennings County. The entire county.
Johnson County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Owen County. The entire county.
Park County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley County. The entire county.
Rush County. The entire county.
Shelby County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe County. The entire county.
Tipton County. The entire county.
Union County. The entire county.
Vermillion County. The entire county.
Vigo County. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White County. The entire county.
[[Page 35]]
Whitley County. The entire county.
Maine
Franklin County. The entire county.
Oxford County. The entire county.
Maryland
Allegany County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Montgomery County. The entire county.
Washington County. The entire county.
Michigan
Alcona County. The entire county.
Allegan County. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Arenac County. The entire county.
Barry County. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch County. The entire county.
Calhoun County. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Cheboygan County. The entire county.
Chippewa County. The entire county.
Clare County. The entire county.
Clinton County. The entire county.
Crawford County. The entire county.
Delta County. The entire county.
Dickinson County. The entire county.
Eaton County. The entire county.
Emmet County. The entire county.
Genesee County. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot County. The entire county.
Hillsdale County. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia County. The entire county.
Iosco County. The entire county.
Isabella County. The entire county.
Jackson County. The entire county.
Kalamazoo County. The entire county.
Kalkaska County. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Leelanau County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Macomb County. The entire county.
Manistee County. The entire county.
Marquette County. The entire county.
Mason County. The entire county.
Mecosta County. The entire county.
Midland County. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm County. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland County. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Roscommon County. The entire county.
Saginaw County. The entire county.
St. Clair County. The entire county.
St. Joseph County. The entire county.
Sanilac County. The entire county.
Schoolcraft County. The entire county.
Shiawassee County. The entire county.
Tuscola County. The entire county.
Van Buren County. The entire county.
Washtenaw County. The entire county.
Wayne County. The entire county.
Wexford County. The entire county.
New Hampshire
The entire State.
New York
Albany County. The entire county.
Allegany County. The entire county.
Broome County. The entire county.
Cattaraugus County. The entire county.
Cayuga County. The entire county.
Chautauqua County. The entire county.
Chemung County. The entire county.
Chenango County. The entire county.
Clinton County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Essex County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Genesee County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Herkimer County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Livingston County. The entire county.
Madison County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Rensselaer County. The entire county.
St. Lawrence County. The entire county.
Saratoga County. The entire county.
Schenectady County. The entire county.
Schoharie County. The entire county.
Schuyler County. The entire county.
[[Page 36]]
Seneca County. The entire county.
Steuben County. The entire county.
Sullivan County. The entire county.
Tioga County. The entire county.
Tompkins County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wyoming County. The entire county.
Yates County. The entire county.
Ohio
Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Athens County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Butler County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Clark County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Darke County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Gallia County. The entire county.
Geauga County. The entire county.
Greene County. The entire county.
Guernsey County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Lawrence County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Madison County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Meigs County. The entire county.
Mercer County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Morrow County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Pickaway County. The entire county.
Pike County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Vinton County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.
Pennsylvania
Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Bedford County. The entire county.
Blair County. The entire county.
Bradford County. The entire county.
Butler County. The entire county.
Cambria County. The entire county.
Cameron County. The entire county.
Centre County. The entire county.
Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Fayette County. The entire county.
Forest County. The entire county.
Fulton County. The entire county.
Greene County. The entire county.
Huntingdon County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
Lycoming County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Snyder County. The entire county.
Somerset County. The entire county.
Sullivan County. The entire county.
Susquehanna County. The entire county.
Tioga County. The entire county.
Union County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Westmoreland County. The entire county.
Wyoming County. The entire county.
[[Page 37]]
Vermont
The entire State.
Virginia
Clarke County. The entire county.
West Virginia
The entire state.
Wisconsin
Dane County. The entire county.
Grant County. The entire county.
Green County. The entire county.
Jackson County. The entire county.
Kenosha County. The entire county.
Lafayette County. The entire county.
Rock County. The entire county.
Sauk County. The entire county.
Walworth County. The entire county.
[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;
67 FR 41308, June 18, 2002; 69 FR 244, Jan. 5, 2004; 69 FR 31725, June
7, 2004; 70 FR 30330, May 26, 2005]
Sec. 301.50-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.50-5 and 301.50-8 of this subpart;
(b) Without a certificate or limited permit, if:
(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 [deg]C (50 [deg]F); or
(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 [deg]C (50 [deg]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
(2) The point of origin of the regulated article is indicted on the
waybill.
(c) With a limited permit issued by the Administrator if the
regulated article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(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
(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.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]
Sec. 301.50-5 Issuance and cancellation of certificates and limited
permits.
(a) A certificate will be issued by an inspector \3\ for the
interstate movement of a regulated article if the inspector determines
that:
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.50-10 of this subpart; or
(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
(iii) Based on inspection of the regulated article, if the regulated
article is a pine seedling or a pine transplant and
[[Page 38]]
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
(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
(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
(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 [deg]C (50 [deg]F); or
(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 [deg]C (50 [deg]F) or higher, in an enclosed vehicle
or completely enclosed by a covering adequate to prevent access by the
pine shoot beetle; or
(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
(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) \4\ to prevent the spread of the pine
shoot beetle; and
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
(4) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated articles.
(b) An inspector \5\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------
(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 Sec. 301.50-
5(c) of this paragraph; or
(ii) The regulated article is to be moved interstate from a
quarantined area to a quarantined area and will 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
(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
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(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.
Table 1--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-72........................... All 701-800.............. 120
73-100......................... 73 801-900.............. 121
101-200........................ 96 901-1,000............ 122
201-300........................ 106 1,001-2,000.......... 126
301-400........................ 111 2,001-3,000.......... 127
401-500........................ 115 3,001-5,000.......... 128
501-600........................ 117 5,001-10,000......... 129
601-700........................ 119 10,001 or more....... 130
------------------------------------------------------------------------
\1\ 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.''
[[Page 39]]
Table 2--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-57........................... All 501-600.............. 80
58-100......................... 58 601-700.............. 81
101-200........................ 69 701-1,000............ 82
201-300........................ 75 1,001-3,000.......... 84
301-400........................ 77 3,001-10,000......... 85
401-500........................ 79 10,001 or more....... 86
------------------------------------------------------------------------
\1\ 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.''
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[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]
Sec. 301.50-6 Compliance agreements and cancellation.
(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.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993;
59 FR 67608, Dec. 30, 1994]
[[Page 40]]
Sec. 301.50-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.50-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector,\7\ at least 48 hours in advance of the
desired interstate movement.
---------------------------------------------------------------------------
\7\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-8 Attachment and disposition of certificates and limited
permits.
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-9 Costs and charges.
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.
Sec. 301.50-10 Treatments.
(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/
m3 (3 lb/1000 ft3) for 16 hours at 21 [deg]C (70
[deg]F) or above, or 80 g/m3 (5 lb/1000 ft3) for
16 hours at 4.5 - 20.5 [deg]C (40 - 69 [deg]F.).
(b) Cold treatment is authorized for cut pine Christmas trees, pine
nursery 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 [deg]C (-5 [deg]F) for one hour; the period before the
refrigeration unit reaches the specified temperature is not part of the
treatment period.
(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:
----------------------------------------------------------------------------------------------------------------
Dosage: Concentration readings: ounces per 1000
pounds per Exposure: feet \3\
Temperature 1000 feet hours -------------------------------------------
\3\ 2.0 hr 3.0 hr 3.5 hr 4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49 [deg]F................................ 4.0 4.0 57 -- -- 48
50-59 [deg]F................................ 4.0 3.5 57 -- 48 --
50-59 [deg]F................................ 3.5 4.0 50 -- -- 42
60 [deg]F+.................................. 4.0 3.0 57 48 -- --
60 [deg]F+.................................. 3.0 4.0 43 -- -- 36
----------------------------------------------------------------------------------------------------------------
Note: 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.
[[Page 41]]
[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]
Subpart_Asian Longhorned Beetle
Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.
Sec. 301.51-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Asian longhorned beetle. The insect known as Asian longhorned beetle
(Anoplophora glabripennis) in any stage of development.
Certificate. 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 Sec. 301.51-5(a).
Compliance agreement. 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.
Infestation. The presence of the Asian longhorned beetle in any life
stage.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual authorized by the Administrator to enforce
the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. 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.
Moved (movement, move). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.51-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.51-2(a) of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.51-2(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.51-2 Regulated articles.
The following are regulated articles:
(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: Acer (maple), Aesculus (horse chestnut),
Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash),
Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain
ash), and Ulmus (elm).
(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.
[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997; 68
FR 26985, May 19, 2003]
Sec. 301.51-3 Quarantined areas.
(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
[[Page 42]]
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:
(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
(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.
(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.
(c) The following areas are designated as quarantined areas:
Illinois
Cook County. That area in the Oz Park community in the City of
Chicago that is bounded as follows: Beginning at the intersection of
North Damen Avenue and West Addison Street; then east and east-northeast
on West Addison Street to North Lake Shore Drive; then due east from
that point to the Lake Michigan shoreline; then south along the Lake
Michigan shoreline to a point due east of the intersection of North Lake
Shore Drive and Chicago Avenue; then west from that point to the
intersection of North Lake Shore Drive and Chicago Avenue; then west on
Chicago Avenue to North Damen Avenue; then north on North Damen Avenue
to the point of beginning.
New Jersey
Middlesex and Union Counties. That portion of the counties bounded
by a line drawn as follows: Beginning at the intersection of St. Georges
Avenue and Wood Avenue; then east on Wood Avenue to Curtis Street; then
north on Curtis Street to East Baltimore Avenue; then east on East
Baltimore Avenue to Dill Avenue; then north on Dill Avenue to Grant
Street; then southeast on Grant Street to Alberta Avenue; then northeast
on Alberta Avenue to County Road 616 (Park Avenue); then southeast on
County Road 616 (Park Avenue) to U.S. Route 1; then north on U.S. Route
1 to Allen Street; then southeast on Allen Street to the east side of
the New Jersey Turnpike right-of-way; then south along the east side of
the New Jersey Turnpike right-of-way to Marshes Creek; then southeast
along Marshes Creek to the Rahway River; then west along the south side
of the Rahway River to Cross Creek; then south along Cross Creek through
the wetlands to Peter J. Sica Industrial Drive; then east and south on
Peter J. Sica Industrial Drive to Roosevelt Avenue (State Route 602);
then west on Roosevelt Avenue to Port Reading Avenue (State Route 604);
then west southwest on Port Reading Avenue to the Conrail railroad; then
north and west along the Conrail railroad right-of-way to the NJ Transit
railroad right-of-way; then north and northwest along the NJ Transit
railroad right-of-way to the south branch of the Rahway River; then west
along the south branch of the Rahway River to St. Georges Avenue; then
north on St. Georges Avenue to the point of beginning.
New York
New York City. 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 Battery Tunnel 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 Wards Island; then
east and south along the shoreline of Randall's and Wards Island to its
intersection with the Triborough Bridge; then east along the Triborough
Bridge to its intersection with the Queens shoreline; then north and
east
[[Page 43]]
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 the Grand Central Parkway;
then west on the Grand Central Parkway to the Jackie Robinson Parkway;
then west on the Jackie Robinson Parkway to Park Lane; then south on
Park Lane to Park Lane South; then south and west on Park Lane South to
112th Street; then south on 112th Street to Atlantic Avenue; then west
on Atlantic Avenue to 106th Street; then south on 106th Street to
Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then south
on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to
Canton Avenue; then west on Canton Avenue to the Prospect Expressway;
then north and west on the Prospect Expressway to the Gowanus
Expressway; then north and west on the Gowanus Expressway to Hamilton
Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue
and the Brooklyn Battery Tunnel across the East River to the point of
beginning.
Nassau and Suffolk Counties. 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 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.
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.
[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; 68 FR 26985, May 19, 2003; 69 FR 10600,
Mar. 8, 2004; 70 FR 4005, Jan. 28, 2005; 70 FR 21327, Apr. 26, 2005; 70
FR 61351, Oct. 24, 2005]
Sec. 301.51-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
(a) Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.51-5 and 301.51-8;
(2) Without a certificate or limited permit if:
(i) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(ii) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
(A) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(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
(C) The article has not been combined or commingled with other
articles so as to lose its individual identity.
(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,
[[Page 44]]
quarantined, treated, subjected to other remedial measures, destroyed,
or otherwise disposed of.
Sec. 301.51-5 Issuance and cancellation of certificates and limited
permits.
(a) An inspector \1\ 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:
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
(1)(i) Is apparently free of Asian longhorned beetle in any stage of
development, based on inspection of the regulated article; or
(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
(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) \2\ to prevent the artificial spread of the Asian longhorned
beetle; and
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
articles.
(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:
(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
(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
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 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.
(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.
[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]
[[Page 45]]
Sec. 301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance agreement \3\ 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.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(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 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.
Sec. 301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \4\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------
(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.
Sec. 301.51-8 Attachment and disposition of certificates and limited
permits.
(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:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(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
(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.
Sec. 301.51-9 Costs and charges.
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.
Subpart_Pink Bollworm
Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.
Quarantine and Regulations
Sec. 301.52 Quarantine; restriction on interstate movement of specified
regulated articles.
(a) Notice of quarantine. The following States are quarantined to
prevent the spread of the pink bollworm (Pectinophora gossypiella
(Saund.)): Arizona, California, New Mexico, and Texas.
(b) Regulated articles. No common carrier or other person shall move
interstate from any quarantined State any regulated article, except in
accordance
[[Page 46]]
with this subpart. The following are regulated articles:
(1) Cotton and wild cotton, including all parts of these plants.
(2) Seed cotton.
(3) Cottonseed.
(4) American-Egyptian (long-staple) varieties of cotton lint,
linters, and lint cleaner waste; except:\1\
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
(i) American-Egyptian cotton lint, linters, and lint cleaner waste
compressed to a density of at least 22 pounds per cubic foot.
(ii) Trade samples of American-Egyptian cotton lint and linters.
(5) Cotton waste produced at cotton gins and cottonseed oil mills.
(6) Cotton gin trash.
(7) Used bagging and other used wrappers for cotton.
(8) Used cotton harvesting equipment and used cotton ginning and
used cotton oil mill equipment.
(9) Kenaf, including all parts of the plants.
(10) Okra, including all parts of these plants, except:
(i) Canned or frozen okra; or
(ii) Okra seed; and
(iii) Fresh, edible fruits of okra:
(A) During December 1 through May 15 if moved interstate, but only
during January 1 through March 15 if moved to California.
(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.
(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.
[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; 67 FR 34818, May 16,
2002]
Sec. 301.52-1 Definitions.
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:
Certificate. 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.
Compliance agreement. 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.
Deputy Administrator. 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.
Generally infested area. Any part of a regulated area not designated
as a suppressive area in accordance with Sec. 301.52-2.
Infestation. The presence of the pink bollworm or the existence of
circumstances that make it reasonable to believe that pink bollworm is
present.
Inspector. Any employee of the Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection
[[Page 47]]
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.
Interstate. 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).
Limited permit. 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.
Moved (movement, move). 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.
Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
Pink bollworm. The live insect known as the pink bollworm of cotton
(Pectinophora gossypiella Saund.), in any stage of development.
Regulated area. Any quarantined State, territory, or district, or
any portion thereof, listed as a regulated area in Sec. 301.52-2a by
the Deputy Administrator in accordance with Sec. 301.52-2(a).
Regulated articles. Any articles described in Sec. 301.52(b).
Restricted destination permit. 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.
Scientific permit. A document issued by the Deputy Administrator to
allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
Suppressive area. That part of a regulated area where eradication of
infestation is undertaken as an objective, as designated by the Deputy
Administrator under Sec. 301.52-2(a).
[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; 67 FR 34818, May 16, 2002; 70 FR 33268, June 7, 2005]
Sec. 301.52-2 Authorization for Deputy Administrator to list regulated
areas and suppressive or generally infested areas.
The Deputy Administrator shall publish and amend from time to time
as the facts warrant, the following lists:
(a) List of regulated areas and suppressive or generally infested
areas. The Deputy Administrator shall list as regulated areas in a
supplemental regulation designated as Sec. 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 Sec. 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:
(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
(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.
[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]
[[Page 48]]
Sec. 301.52-2a Regulated areas; suppressive and generally infested areas.
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.
Arizona
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
California
(1) Generally infested area.
Imperial County. The entire county.
Inyo County. The entire county.
Los Angeles County. The entire county.
Orange County. The entire county.
Riverside County. The entire county.
San Bernardino County. The entire county.
San Diego County. The entire county.
(2) Suppressive area.
Fresno County. The entire county.
Kern County. The entire county.
Kings County. The entire county.
Madera County. The entire county.
Merced County. The entire county.
San Benito County. The entire county.
Tulare County. The entire county.
New Mexico
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
Texas
(1) Generally infested area. Entire State.
(2) Suppressive area. None.
[42 FR 13533, Mar. 11, 1977]
Editorial Note: For Federal Register citations affecting Sec.
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.
Sec. 301.52-3 Conditions governing the interstate movement of regulated
articles from quarantined States. \2\
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
Any regulated articles may be moved interstate from any quarantined
State under the following conditions:
(a) From any regulated area, with certificate or permit issued and
attached in accordance with Sec. Sec. 301.52-4 and 301.52-7 if moved:
(1) From any regulated area into or through any point outside of the
regulated areas; or
(2) From any generally infested area into or through any suppressive
area; or
(3) Between any noncontiguous suppressive areas; or
(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
(b) From any regulated area, without certificate or permit if moved;
(1) From a generally infested area to a contiguous generally
infested area; or
(2) From a suppressive area to a contiguous generally infested area;
or
(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
(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
(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.
[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987;
70 FR 33268, June 7, 2005]
Sec. 301.52-4 Issuance and cancellation of certificates and permits.
(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:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
[[Page 49]]
(2) Upon examination, have been found to be free of infestation; or
(3) Have been treated to destroy infestation in accordance with part
305 of this chapter; or
(4) Have been grown, produced, manufactured, stored, or handled in
such manner that no infestation would be transmitted thereby.
(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 part 305 of this chapter, when upon evaluation of the circumstances
involved in each specific case the inspector 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.
(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.
(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.
(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.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector if the inspector determines that the
holder thereof has not complied with any condition for the use of such
document imposed by this subpart.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
Sec. 301.52-5 Compliance agreements; and cancellation thereof.
(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.
(b) Any compliance agreement may be cancelled by the inspector who
is supervising its enforcement whenever the inspector 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.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
Sec. 301.52-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 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
[[Page 50]]
prior to movement. Such articles shall be assembled at such points and
in such manner as the inspector designates to facilitate inspection.
Sec. 301.52-7 Attachment and disposition of certificates or permits.
(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.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
Sec. 301.52-8 Inspection and disposal of regulated articles and pests.
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.
[32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.52-9 Movement of live pink bollworms.
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.
Sec. 301.52-10 Nonliability of the Department.
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.
Subpart_Emerald Ash Borer
Source: 68 FR 59088, Oct. 8, 2003, unless otherwise noted.
Sec. 301.53-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Certificate. A document that is issued for a regulated article by an
inspector or by a person operating under a compliance agreement and that
represents that such article is eligible for interstate movement in
accordance with Sec. 301.53-5(a).
Compliance agreement. 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.
Emerald ash borer. The insect known as emerald ash borer (Agrilus
planipennis [Coleoptera: Buprestidae]) in any stage of development.
Infestation. The presence of the emerald ash borer or the existence
of circumstances that make it reasonable to believe that the ash borer
is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual authorized by the Administrator to enforce
the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector or a person
operating under a compliance agreement 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.
[[Page 51]]
Moved (movement, move). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.53-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.53-3(b).
Regulated article. Any article listed in Sec. 301.53-2(a) or
otherwise designated as a regulated article in accordance with Sec.
301.53-2(b).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.53-2 Regulated articles.
The following are regulated articles:
(a) The emerald ash borer; firewood of all hardwood (non-coniferous)
species; nursery stock, green lumber, and other material living, dead,
cut, or fallen, including logs, stumps, roots, branches, and composted
and uncomposted chips of the genus Fraxinus.
(b) Any other article, product, or means of conveyance not listed in
paragraph (a) of this section may be designated as a regulated article
if an inspector determines that it presents a risk of spreading emerald
ash borer and notifies the person in possession of the article, product,
or means of conveyance that it is subject to the restrictions of the
regulations.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]
Sec. 301.53-3 Quarantined areas.
(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 emerald
ash borer has been found by an inspector, in which the Administrator has
reason to believe that the emerald ash borer is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities where
emerald ash borer has been found. Less than an entire State will be
designated as a quarantined area only if the Administrator determines
that:
(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
(2) The designation of less than an entire State as a quarantined
area will be adequate to prevent the artificial interstate spread of the
emerald ash borer.
(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.
(c) The following areas are designated as quarantined areas:
Indiana
LaGrange County. Clay Township, Lima Township, Newbury Township, Van
Buren Township.
Steuben County. Jamestown Township, Millgrove Township.
Michigan
Alcona and Iosco Counties. Cedar Lake/Van Etten area: That portion
of the counties bounded by a line drawn as follows: Beginning at the
intersection of Poor Farm Road and Kings Corner Road; then north on Poor
Farm Road to Wissmiller Road; then east on
[[Page 52]]
Wissmiller Road to Cedar Lake Road; then north on Cedar Lake Road to
Smith Road; then east on Smith Road to and across U.S. Highway 23,
continuing east to the Lake Huron shoreline; then south along the Lake
Huron shoreline to a point on the shoreline east of the intersection of
Interlake Drive and Ridge Road; then west to Interlake Drive and
continuing west on Interlake Drive to Loud Drive, then northwest on Loud
Drive to Love Road; then north on Love Road to the point of beginning.
Antrim, Grand Traverse, and Kalkaska Counties. Lake Skegemog/Torch
Lake area: That portion of the counties bounded by a line drawn as
follows: Beginning in Grand Traverse County at the intersection of Elk
Lake Road and Michigan Route 72; then east on Michigan Route 72,
crossing into Kalkaska County, to McNulty Hill Road NW.; then east on
McNulty Hill NW. to Hill Road NW.; then east on Hill Road NW. to Way
Road NW.; then north and northwest on Way Road NW. to Gillett Road NW.;
then north on Gillett Road NW. to Valley Road NW.; then east on Valley
Road NW. to Kellogg Road NW.; then north on Kellogg Road NW. to Plum
Valley Road NW.; then west on Plum Valley Road NW. to Manley Road NW.;
then north on Manley Road NW. to the Kalkaska/Antrim County line; then
west along the Kalkaska/Antrim County line to the intersection of the
Clearwater, Milton, and Helena Township lines; then northeast along the
Helena/Milton Township line to a point due east of Ringler Road; then
west from that point to Ringler Road and continuing west on Ringler Road
to its western terminus; then due west from the terminus of Ringler Road
to the Milton/Elk Rapids Township line; then south along the Milton/Elk
Rapids Township line to the Antrim/Grand Traverse County line; then west
along the Antrim/Grand Traverse County line to Elk Lake Road; then south
on Elk Lake Road to the point of beginning.
Barry and Ionia Counties. Lake Odessa area: That portion of the
counties bounded by a line drawn as follows: Beginning at the
intersection of Thompson Road and Bell Road; then south on Bell Road to
its intersection with Vedder Road and Messer Road; then continuing south
on Messer Road to Brown Road; then east on Brown Road to Usborne Road;
then south on Usborne Road to Jordon Road; then east on Jordon Road to
Martin Road; then north on Martin Road to its intersection with Vedder
Road and Bliss Road; then continuing north on Bliss Road to Musgrove
Highway; then west on Musgrove Highway to Jackson Road; then north on
Jackson Road to Campbell Road; then west on Campbell Road to Nash
Highway; then south on Nash Highway to Thompson Road; then west on
Thompson Road to the point of beginning.
Berrien County. St. Joseph area: That portion of the county bounded
by a line drawn as follows: Beginning at the intersection of Interstate
94 and Maiden Lane; then west on Maiden Lane to Red Arrow Highway; then
west along an imaginary line along the south boundaries of properties
known as Sunset Shores, Woodgate by the Lake, The Shores North, and
Shoreham Condominiums to Lake Michigan; then northeast along the Lake
Michigan shoreline to the St. Joseph River; then east along the southern
shoreline of the St. Joseph River to the west channel shoreline; then
southeast along the west channel shoreline to a point opposite of West
May Street; then east along an imaginary line across the St. Joseph
River to West May Street; then east on West May Street to Windsor Road;
then south and east on Windsor Road to Colfax Avenue; then south on
Colfax Avenue and continuing south along an imaginary line to Interstate
94 at a point near Hollywood Road; then southwest on Interstate 94 to
the point of beginning.
Branch County. The entire county.
Calhoun County. The entire county.
Cheboygan and Presque Isle Counties. Forest Township area: That
portion of the counties bounded by a line drawn as follows: Beginning at
the intersection of Walters Road and Center Line Road; then south on
Center Line Road to Clute Road; then east on Clute Road to Martins
Grove; then south on Martins Grove to Schommer Road; then south on
Schommer Road to its end then continuing south along an imaginary line
to Post Road; then east on Post Road to Black River Road; then east on
Black River Road to Canada Creek Road; then east on Canada Creek Road to
Highway 634; then north and east on Highway 634 to Michigan Route 33;
then northwest and north on Michigan Route 33 to 4 Mile Highway; then
west on 4 Mile Highway to the Cheboygan/Presque Isle County line; then
continuing west on an imaginary line to Walters Road; then west on
Walters Road to the point of beginning.
Clinton County. The entire county.
Eaton County. The entire county.
Emmet County. Petoskey area: That portion of the county bounded by a
line drawn as follows: Beginning at the intersection of Pickerel Lake
Road and Fletcher Road; then south on Fletcher Road to Atkins Road; then
east and south on Atkins Road to Greenwood Road; then south and east on
Greenwood Road to Russett Road; then south on Russett Road to King Road;
then west and southwest on King Road to Evergreen Trail; then northwest
and west on Evergreen Trail to River Road; then south on River Road to
Gruler Road; then west on Gruler Road to U.S. Highway 131; then north on
U.S. Highway 131 to Sheridan Street; then west on Sheridan Street to
Eppler Road; then north on Eppler Road to Charlevoix Avenue, and
continuing north on an imaginary line to Little Traverse Bay; then north
and northeast along the shoreline of Little Traverse Bay to Bear
[[Page 53]]
Creek/Little Traverse Township line; then east along the Bear Creek/
Little Traverse Township line to U.S. Highway 31; then southwest on U.S.
Highway 31 to Graham Road; then east on Graham Road to Bellmer Road;
then south on Bellmer Road to Pickerel Lake Road; then west on Pickerel
Lake Road to the point of beginning.
Genesee County. The entire county.
Grand Traverse County. Peninsula Township.
Gratiot County. The entire county.
Hillsdale County. The entire county.
Ingham County. The entire county.
Jackson County. The entire county.
Kent County. Kentwood/Wyoming/Grand Rapids area: That portion of the
county bounded by a line drawn as follows: Beginning at the intersection
of 36th Street SW. and Byron Center Avenue SW.; then east on 36th Street
SW. to 36th Street SE.; then east on 36th Street SE. to Kalamazoo Avenue
SE.; then south on Kalamazoo Avenue SE. to 68th Street SE.; then west on
68th Street SE. to 68th Street SW.; then west on 68th Street SW. to
Burlingame Avenue SW.; then south on Burlingame Avenue SW. to 72nd
Street SW.; then west on 72nd Street SW. to Byron Center Avenue SW.;
then north on Byron Center Avenue SW. to the point of beginning.
Lapeer County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Macomb County. The entire county.
Manistee County. Tippy Dam area: That portion of the county bounded
by a line drawn as follows: Beginning at the intersection of the
Dickson, Maple Grove, and Marilla Township lines; then west along the
Maple Grove/Dickson Township line to Clements Road; then south on
Clements Road to Fife Springs Road; then east on Fife Springs Road to
Dilling Road; then south and southeast on Dilling Road to River Road;
then east and northeast on River Road to the Dickson/Marilla Township
line; then west along the Dickson/Marilla Township line to the point of
beginning.
Midland County. Coleman area: That portion of the county bounded by
a line drawn as follows: Beginning at the intersection of Shearer Road
and East County Line Road; then south on East County Line Road to its
end, then continuing south along the Midland/Isabella County line to
Ruhle Road; then east on Ruhle Road to Coleman Road; then south on
Coleman Road to McNally Road; then east on McNally Road to Castor Road;
then north on Castor Road to Grant Street; then northwest on Grant
Street to Barden Road; then northeast on Barden Road to Saginaw Road;
then southeast on Saginaw Road to Michigan Route 18; then north on
Michigan Route 18 to Shearer Road; then west on Shearer Road to the
point of beginning.
Monroe County. The entire county.
Montcalm County. Crystal Lake area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
East Klees Road and North Vickeryville Road; then south on North
Vickeryville Road to East Stanton Road; then west on East Stanton Road
to South Tow Road; then south on South Tow Road to East Sidney Road;
then east on East Sidney Road to South Vickeryville Road; then south on
South Vickeryville Road to East Holland Lake Road; then east on East
Holland Lake Road to South Bollinger Road; then north on South Bollinger
Road to East Sidney Road; then east on East Sidney Road to South Mount
Hope Road; then north on South Mount Hope Road to East Pakes Road; then
west on East Pakes Road to North Blakmer Road; then north on North
Blakmer Road to East Kimball Road; then west on East Kimball Road to
North Crystal Road; then north on North Crystal Road to East Willard
Road; then west on East Willard Road to North Waldron Road; then south
on North Waldron Road to East Klees Road; then west on East Klees Road
to the point of beginning.
Oakland County. The entire county.
Oceana County. Pentwater Township, including the Village of
Pentwater.
Oscoda County. McKinley area: That portion of the county bounded by
a line drawn as follows: Beginning at the intersection of Reber Road and
Abbe Road; then east on Reber Road to Pearsall Road; the south and east
on Pearsall Road to Barakel Trail; then east on Barakel Trail to Shear
Lake Road; then south on Shear Lake Road to Miller Road, then continuing
due south along an imaginary line to Old State Road; then west on Old
State Road to McKinley Road; then west on McKinley Road to Abbe Road;
then north on Abbe Road to the point of beginning.
Presque Isle County. Ocqueoc Lake area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Town Hall Highway and Thorne Road; then east on Town Hall Highway to
Balch Road; then north on Balch Road to Beach Highway; then east on
Beach Highway to U.S. Highway 23; then southeast on U.S. Highway 23 to
Acorn Ridge Highway; then west on Acorn Ridge Highway to Brege Road;
then south on Brege Road to its terminus; then due south from that point
along an imaginary line to where Brege Road begins again; then south on
Brege Road to Pomranke Highway; then west on Pomranke Highway to Dittmar
Road; then continuing due west along an imaginary line to Roost Road;
then north on Roost Road to its northern end; then continuing due north
from that point to Shells Highway; then west on Shells Highway to Thorne
Road; then north on Thorne Road to the point of beginning.
[[Page 54]]
Roscommon County. Saint Helen area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Marl Lake Road and North Saint Helen Road; then south on North Saint
Helen Road to the School Road; then east on School Road to Meridian
Road; then south on Meridian Road to Carter Lake Road; then west on
Carter Lake Road to Michigan Route 76; then south on Michigan Route 76
to Interstate 75; then west on Interstate 75 to Maple Valley Road; then
north on Maple Valley Road to its terminus; then north from the terminus
of Maple Valley Road along the Higgins/Richland Townships boundary line
across Lake St. Helen to the intersection of Richland Township, Sections
18 and 19, and Higgins Township, Sections 13 and 24; then east along the
southern boundary of Higgins Township Section 18 to Moore Road; then
north on Moore Road to Marl Lake Road, then east on Marl Lake Road to
the point of beginning.
Saginaw County. The entire county.
Sanilac County. (1) Brown City area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Montgomery Road and Cade Road; then south on Cade Road to Wilcox Road;
then east on Wilcox Road to Shephard Road; then north on Shephard Road
to Montgomery Road; then west on Montgomery Road to the point of
beginning.
(2) Sanilac Township area: That portion of the county bounded by a
line drawn as follows: Beginning at the intersection of Walker Road and
Ridge Road; then south on Ridge Road to Townsend Road; then west on
Townsend Road to Wildcat Road; then south on Wildcat Road to Aitken
Road; then east on Aitken Road to its terminus; then east to the Lake
Huron shoreline; then north along the Lake Huron shoreline to a point on
the shore due west of Walker Road; then west along an imaginary line to
Walker Road; then west on Walker Road to the point of beginning.
Shiawassee County. The entire county.
St. Clair County. The entire county.
St. Joseph County. Nottawa/Colon area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Prairie Corners Road and Bucknell Road; then south on Bucknell Road to
Michigan Route 86; then east on Michigan Route 86 to Michigan Route 66,
then continuing east on Bonham Road to Lepley Road; then north on Lepley
Road to Spring Creek Road; then east on Spring Creek Road to Hodges
Road; then north on Hodges Road to Colon Road; then west on Colon Road
to Michigan Route 66; then north on Michigan Route 66 to Prairie Corners
Road; then west on Prairie Corners Road to the point of beginning.
Washtenaw County. The entire county.
Wayne County. The entire county.
Ohio
Auglaize County. Duchouquet Township.
Defiance County. Hicksville Township.
Fulton County. That portion of the county east of State Route 108.
Hancock County. Allen Township.
Henry County. That portion of the county east of State Route 108 and
north of the Maumee River.
Lucas County. The entire county.
Ottawa County. That portion of the county north of State Route 163
and State Route 105.
Sandusky County. That portion of the county north of U.S. Highway
20.
Wood County. (1) That portion of the county north of State Route
582.
(2) Bloom Township.
(3) Henry Township.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR
10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005]
Sec. 301.53-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Regulated articles may be moved interstate from a quarantined area
only if moved under the following conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.53-5 and 301.53-8;
(b) Without a certificate or limited permit if:
(1) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(2) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
(i) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(ii) The regulated article, if moved through the quarantined area
during the period of May 1 through August 31 or when the ambient air
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or
is completely covered to prevent access by the EAB; and
(iii) The regulated article is moved directly 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 handled at locations approved by an inspector as not posing
[[Page 55]]
a risk of infestation by emerald ash borer; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity.
Sec. 301.53-5 Issuance and cancellation of certificates and limited
permits.
(a) An inspector \1\ 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:
(1)(i) Is apparently free of EAB, based on inspection; or the
article or
---------------------------------------------------------------------------
\1\ Inspectors are assigned to local offices of APHIS, which are
listed in the 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.
---------------------------------------------------------------------------
(ii) Has been grown, produced, manufactured, stored, or handled in a
manner that, in the judgment of the inspector, prevents the regulated
article from presenting a risk of spreading EAB; and
(2) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 414 of the
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------
\2\ 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 423
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
articles.
(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:
(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 emerald ash borer because
emerald ash borer will be destroyed by the specific processing,
handling, or utilization; and
(2) Is to be moved in compliance with any additional emergency
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
emerald ash borer; and
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.53-6 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.
(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 canceled 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
[[Page 56]]
writing, stating the reasons for the decision.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance agreement \3\ if such
persons review with an inspector each provision 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.
---------------------------------------------------------------------------
\3\ 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, MD 20737-1236.
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(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 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 canceled 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \4\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\4\ See footnote 1 to Sec. 301.53-5.
---------------------------------------------------------------------------
(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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-8 Attachment and disposition of certificates and limited
permits.
(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:
(1) The regulated article;
(2) The container carrying the regulated article; or
(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
(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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-9 Costs and charges.
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.
Subpart_Mexican Fruit Fly Quarantine and Regulations
Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.
[[Page 57]]
Sec. 301.64 Restrictions on interstate movement of regulated articles.
No person shall move any regulated article interstate from any
quarantined area except in accordance with this subpart.1,2
---------------------------------------------------------------------------
\1\ 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).
\2\ Regulations concerning the movement of plant pests, including
live Mexican fruit flies, in interstate commerce are contained in part
330 of this chapter.
[70 FR 37253, June 29, 2005]
Sec. 301.64-1 Definitions.
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:
Certificate. 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 Sec. 301.64-5(c).
Compliance agreement. 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.
Core area. The 1 square mile area surrounding each property where
Mexican fruit fly has been detected.
Day degrees. 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 [deg]F:
(Minimum Daily Temp + Maximum Daily Temp)/2)-54[deg]=Day Degrees.
Departmental permit. A document issued by the Administrator in which
he or she affirms that the 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 Sec. 301.64-4(c).
Deputy Administrator. 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.
Infestation. 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.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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 Sec. 301.64-5(b).
Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha
ludens (Loew)) in any stage of development.
Moved (movement, move). 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.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Plant Protection and Quarantine. 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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.64-3(c)
[[Page 58]]
or otherwise designated as a quarantined area in accordance with Sec.
301.64-3(b).
Regulated article. Any article listed in Sec. 301.64-2 of otherwise
designated as a regulated article in accordance with Sec. 301.64-2(c).
State. 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.
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992; 66 FR
21051, Apr. 27, 2001; 70 FR 37253, June 29, 2005]
Sec. 301.64-2 Regulated articles.
(a) The following fruits are regulated articles:
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Lemon (Citrus limon) except Eureka, Lisbon, and Villa Franca cultivars
(smooth-skinned sour lemon)
Lime (Citrus aurantiifolia) except sour limes
Mamey (Mammea americana)
Mandarin orange (tangerine) (Citrus reticulata)
Mango (Mangifera indica)
Nectarine (Prunus persica)
Peach (Prunus persica)
Pear (Pyrus communis)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune, Plum (Prunus domestica)
Plummelo (Shaddock) (Citrus maxima)
Quince (Cydonia oblonga)
Rose apple (Syzygium jambos (Eugenia jambos))
Sour orange (Citrus aurantium)
Sapote (Casimiroa spp.)
Sapota, Sapodilla (Sapotaceae)
Sargentia, yellow chapote (Sargentia greggii)
Spanish plum, purple mombin or Ciruela (Spondias spp.)
Sweet orange (Citrus sinensis)
Except that the list does not include any fruits which have been canned,
or frozen below -17.8 [deg]C (0 [deg]F);
(b) Soil within the drip line of plants which are producing or have
produced the fruits listed in paragraph (a) of this section, and
(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.
[48 FR 54580, Dec. 6, 1983, as amended at 64 FR 71269, Dec. 21, 1999]
Sec. 301.64-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a quarantined area in paragraph
(c) of this section, each 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 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
State will be designated as a quarantined area only if the Deputy
Administrator determines that:
(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
(2) The designation of less than the entire State as a quarantined
area will otherwise be adequate to prevent the artificial interstate
spread of the Mexican fruit fly.
(b) The Deputy 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. Written notice of such designation shall be given
to the owner or person in possession of such nonquarantined
[[Page 59]]
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.
(c) The areas described below are designated as quarantined areas:
Texas
Cameron County. The entire county.
Hidalgo County. The entire county.
Willacy County. The entire county.
[48 FR 54580, Dec. 6, 1983]
Editorial Note: For Federal Register citations affecting Sec.
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.
Sec. 301.64-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions:\3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.64-5 and 301.64-8;
(b) Without a certificate or limited permit, if:
(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 Mexican fruit flies (such as
canvas, plastic, or closely woven cloth) while moving through the
quarantined area; and
(2) The point of origin of the regulated article is clearly
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
(3) The regulated article is moved through the quarantined area
without stopping except for refueling or for normal traffic conditions,
such as traffic lights or stop signs; or
(c) Without a certificate or limited permit, if the regulated
article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a departmental permit issued by the Administrator
for the regulated article;
(3) Under conditions specified on the departmental permit and found
by the Administrator to be adequate to prevent the spread of Mexican
fruit fly; and
(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 the container.
(Approved by the Office of Management and Budget under control number
0579-0238)
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992; 70 FR
37254, June 29, 2005]
Sec. 301.64-5 Issuance and cancellation of certificates and limited
permits.
(a) A certificate shall be issued by an inspector for the movement
of a regulated article if such inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector \4\ in accordance with Sec. 301.64-10; or
---------------------------------------------------------------------------
\4\ Treatments shall be monitored by inspectors in order to assure
compliance with the requirements in this subpart.
---------------------------------------------------------------------------
(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
(iii) Determines based on inspection of the article that it is free
from Mexican fruit fly; and
(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; \5\ and
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
[[Page 60]]
(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines and regulations applicable
to such article.
(b) A limited permit shall be issued by an inspector for the
movement of a regulated article if such inspector:
(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 Sec.
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;
(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; \5\ and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines and regulations applicable to such
article.
(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 Sec. 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.
(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 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.
[48 FR 54580, Dec. 6, 1983, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.64-6 Compliance agreement and cancellation thereof.
(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. \6\
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.
---------------------------------------------------------------------------
\6\ Compliance agreement forms are available without charge from
local offices of the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine. Local offices are listed in telephone
directories, or on the Internet at http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(b) Any compliance agreement may be cancelled orally or in writing
by the
[[Page 61]]
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.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994; 70
FR 37254, June 29, 2005]
Sec. 301.64-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 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 \7\ to take any
necessary action under this subpart prior to movement of the regulated
article.
---------------------------------------------------------------------------
\7\ 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 on the Internet at
http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(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.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994; 70
FR 37254, June 29, 2005]
Sec. 301.64-8 Attachment and disposition of certificates and limited
permits.
(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; 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 documents only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify such article.
(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.
Sec. 301.64-9 Costs and charges.
The services of an 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.
[70 FR 37254, June 29, 2005]
Sec. 301.64-10 Treatments.
Treatments for regulated articles must be one of the following:
(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and
tangerine. Cold treatment in accordance with part 305 of this chapter.
(b) Soil within the dripline of plants that are producing or that
have produced fruits listed in Sec. 301.64-2(a). 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 \2\) mixed with 130 gal of water per acre (3 gal
per 1,000 ft \2\). Apply at 14- to 16-day intervals as needed. Repeat
applications if infestations become established. In addition
[[Page 62]]
to the above, follow all label directions for diazinon.
(c) Premises. 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.
(d) Grapefruit and oranges. Methyl bromide in accordance with part
305 of this chapter.
(e) Grapefruit, oranges, and tangerines. High-temperature forced air
in accordance with part 305 of this chapter.
(f) Citrons, litchis, longans, persimmons, and white sapotes. Cold
treatment in accordance with the following schedule, which is also found
in part 305 of this chapter:
------------------------------------------------------------------------
Treatment ([deg]F) Exposure period (days)
------------------------------------------------------------------------
33 or below.............................. 18
34 or below.............................. 20
35 or below.............................. 22
------------------------------------------------------------------------
(g) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of this paragraph, is approved as a
treatment for any fruit listed as a regulated article in Sec. 301.64-
2(a).
(1) Approved facility. 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:
(i) Be capable of administering a minimum absorbed ionizing
radiation dose of 150 Gray (15 krad) to the fruit; \8\
---------------------------------------------------------------------------
\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food are regulated by the Food and Drug Administration under 21 CFR
part 179.
---------------------------------------------------------------------------
(ii) Be constructed so as to provide physically separate locations
for treated and untreated fruit, except that fruit 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;
(iii) Complete a compliance agreement with the Animal and Plant
Health Inspection Service as provided in Sec. 301.64-6; and
(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.
(2) Treatment monitoring. 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.\9\
---------------------------------------------------------------------------
\9\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------
(3) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(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
[[Page 63]]
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.\10\
---------------------------------------------------------------------------
\10\ 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(ii) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(A) With polyethylene sheet wrap;
(B) With net wrapping; or
(C) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(iii) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of packing
and treatment.
(4) Dosage. The fruits and vegetables must receive a minimum
absorbed ionizing radiation dose of 150 Gray (15 krad).\11\
---------------------------------------------------------------------------
\11\ See footnote 8.
---------------------------------------------------------------------------
(5) Dosimetry systems. (i) Dosimetry mapping must indicate the dose
needed to ensure the fruit will receive the minimum dose prescribed.
(ii) Absorbed dose must be measured using an accurate dosimetry
system that ensures that the absorbed dose meets or exceeds 150 Gray (15
krad).
(iii) When designing the facility's dosimetry system and procedures
for its operation, the facility operator must address guidance and
principles from American Society for Testing and Materials (ASTM)
standards.\12\
---------------------------------------------------------------------------
\12\ Designation ISO/ASTM 51261-2002(E), ``Standard Guide for
Selection and Calibration of Dosimetry Systems for Radiation
Processing,'' American Society for Testing and Materials, Annual Book of
ASTM Standards.
---------------------------------------------------------------------------
(6) Records. 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.
(7) Request for approval and inspection of facility. 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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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 (g)(1) of this section.
(8) Denial and withdrawal of approval. (i) The Administrator will
withdraw the approval of any irradiation treatment facility when the
irradiation processor requests in writing the withdrawal of approval.
(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
[[Page 64]]
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.
(9) Department not responsible for damage. This treatment is
approved to assure quarantine security against Mexican fruit fly. From
the literature available, the fruits 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.
(Approved by the Office of Management and Budget under control number
0579-0215)
[63 FR 68164, Dec. 10, 1998, as amended at 64 FR 37665, July 13, 1999;
64 FR 71270, Dec. 21, 1999; 67 FR 8464, Feb. 25, 2002; 68 FR 8819, Feb.
26, 2003; 70 FR 33268, June 7, 2005; 70 FR 37254, June 29, 2005]
Subpart_Plum Pox
Source: 65 FR 35264, June 2, 2000, unless otherwise noted.
Sec. 301.74 Restrictions on interstate movement of regulated articles.
No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------
\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance and to seize, qurantine, 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).
[65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.74-1 Definitions.
The following definitions apply to this subpart.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service (APHIS) of the United States Department of
Agriculture.
Departmental permit. 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 Sec. 301.74-4 of this subpart.
Infestation (infested, infected). The presence of plum pox or
circumstances or symptoms that makes it reasonable to believe that plum
pox is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, United States Department of Agriculture, or other person
authorized by the Administrator to enforce this subpart.
Interstate. From any State into or through any other State.
Moved (move, movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Plant Protection and Quarantine. Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, United States Department of
Agriculture.
Plum pox. A plant disease caused by plum pox potyvirus that can
affect many Prunus (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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.74-3(c) of this subpart or otherwise designated
[[Page 65]]
as a quarantined area in accordance with Sec. 301.74-3(b) of this
subpart.
Regulated article. Any article listed in Sec. 301.74-2(a) or
otherwise designated as a regulated article in accordance with Sec.
301.74-2(b), based on its susceptibility to the form or strain of plum
pox detected in the quarantined area.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.74-2 Regulated articles.
The following are regulated articles:
(a) All plant material and plant parts of Prunus (stone fruit)
species other than 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, 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.
(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.
Sec. 301.74-3 Quarantined areas.
(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:
(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
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of plum pox.
(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.
(c) The areas described below are designated as quarantined areas:
Pennsylvania
Adams County. The townships of Latimore and Huntington.
Sec. 301.74-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
The interstate movement of any regulated article from a quarantined
area \2\ is prohibited except when:
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) The regulated article is moved by the United States Department
of Agriculture:
(1) For an experimental or scientific purpose;
(2) Pursuant to a Departmental permit issued by the Administrator
for the regulated article;
(3) Under conditions specified on the Departmental permit and found
by the Administrator to be adequate to prevent the spread of plum pox;
and
(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
[[Page 66]]
of the regulated article or attached to the regulated article itself if
not in a container; or
(b) The regulated article originated outside the quarantined area
and:
(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;
(2) The regulated article's point of origin is indicated on the
waybill; and
(3) The regulated article must not be uncovered, unpacked, or
unloaded while moving through the quarantined area.
Sec. 301.74-5 Compensation.
(a) Eligibility. 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:
(1) Owners of commercial stone fruit orchards. Owners of commercial
stone fruit orchards are 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).
(i) Direct marketers. Orchard owners eligible for compensation under
this paragraph who market all fruit they produce under the conditions
described in this paragraph may receive compensation at the rates
specified in paragraph (b)(1)(i) of this section. In order to be
eligible to receive compensation at the rates specified in paragraph
(b)(1)(i) of this section, orchard owners must have marketed fruit
produced in orchards subsequently destroyed because of plum pox under
the following conditions:
(A) The fruit must have been sold exclusively at farmers markets or
similar outlets that require orchard owners to sell only fruit that they
produce;
(B) The fruit must not have been marketed wholesale or at reduced
prices in bulk to supermarkets or other retail outlets;
(C) The fruit must have been marketed directly to consumers; and
(D) Orchard owners must have records documenting that they have met
the requirements of this section, and must submit those records to APHIS
as part of their application submitted in accordance with paragraph (c)
of this section.
(ii) All other orchard owners. Orchard owners eligible for
compensation under this paragraph who do not meet the requirements of
paragraph (a)(1)(i) of this section are eligible for compensation only
in accordance with paragraph (b)(1)(ii) of this section.
(2) Owners of fruit tree nurseries. 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.
(b) Amount of payment. 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.
(1) Owners of commercial stone fruit orchards--(i) Direct marketers.
Owners of commercial stone fruit orchards who APHIS has determined meet
the eligibility requirements of paragraph (a)(1)(i) of this section will
be compensated according to the following table 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.
[[Page 67]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum compensation rate ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 9,584 1,710 1,520
2.......................................................... 13,761 1,710 1,520
3.......................................................... 17,585 1,710 1,520
4.......................................................... 21,888 1,710 1,520
5.......................................................... 25,150 1,710 1,520
6.......................................................... 25,747 1,710 1,520
7.......................................................... 25,859 1,710 1,520
8.......................................................... 25,426 1,710 1,520
9.......................................................... 24,938 1,710 1,520
10......................................................... 24,390 1,710 1,520
11......................................................... 23,774 1,710 1,520
12......................................................... 23,080 1,710 1,520
13......................................................... 22,300 1,710 1,520
14......................................................... 21,422 1,710 1,520
15......................................................... 20,434 1,710 1,520
16......................................................... 19,323 1,710 1,520
17......................................................... 18,185 1,710 1,520
18......................................................... 17,017 1,710 1,520
19......................................................... 15,814 1,710 1,520
20......................................................... 14,572 1,710 1,520
21......................................................... 13,287 1,710 1,520
22......................................................... 12,066 1,710 1,520
23......................................................... 10,915 1,710 1,520
24......................................................... 9,620 1,710 1,520
25......................................................... 8,163 1,710 1,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) All other orchard owners. Owners of commercial stone fruit
orchards who meet the eligibility requirements of paragraph (a)(1)(ii)
of this section will be compensated according to the following table 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum compensation rate ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 4,805 828 736
2.......................................................... 7,394 828 736
3.......................................................... 9,429 828 736
4.......................................................... 12,268 828 736
5.......................................................... 14,505 828 736
6.......................................................... 14,918 828 736
7.......................................................... 15,000 828 736
8.......................................................... 14,709 828 736
9.......................................................... 14,383 828 736
10......................................................... 14,015 828 736
11......................................................... 13,601 828 736
12......................................................... 13,136 828 736
13......................................................... 12,613 828 736
14......................................................... 12,024 828 736
15......................................................... 11,361 828 736
16......................................................... 10,616 828 736
17......................................................... 9,854 828 736
18......................................................... 9,073 828 736
19......................................................... 8,272 828 736
20......................................................... 7,446 828 736
21......................................................... 6,594 828 736
22......................................................... 5,789 828 736
23......................................................... 5,035 828 736
[[Page 68]]
24......................................................... 4,341 828 736
25......................................................... 3,713 828 736
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) Owners of fruit tree nurseries. 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:
(i) First year crop. The net revenue loss for trees that were
expected to be sold in the year during which the emergency action
notification was issued (i.e., the first year crop) will be calculated
as (expected number of trees to be sold) x (average price per tree) -
(digging, grading, and storage costs) = net revenue lost for first year
crop, where:
(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
(B) The average price per tree is $4.65; and
(C) Digging, grading and storage costs are $0.10 per tree.
(ii) Second year crop. 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 (i.e., the second year crop)
will be calculated as (expected number of trees to be sold) x (average
price per tree) = net revenue lost for second year crop, where:
(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
(B) The average price per tree is $4.65 for plum and apricot trees
and $3.30 for peach and nectarine trees.
(c) How to apply. 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:
(1) Claims by owners of stone fruit orchards who are direct
marketers. The completed application must be accompanied by:
(i) A copy of the emergency action notification ordering the
destruction of the trees and its accompanying inventory that describes
the acreage and ages of trees removed;
(ii) Documentation verifying that the destruction of trees has been
completed and the date of that destruction; and
(iii) Records documenting that the grower meets the eligibility
requirements of paragraph (a)(1)(i) of this section.
(2) Claims by owners of commercial stone fruit orchards who are not
direct marketers. The completed application must be accompanied by a
copy of the emergency action notification 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.
(3) Claims by owners of fruit tree nurseries. 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.
(d) Replanting. Trees of susceptible Prunus species (i.e., Prunus
species identified as regulated articles) may not be replanted on
premises within a contiguous quarantined area until 3
[[Page 69]]
years from the date the last trees within that area were destroyed
because of plum pox pursuant to an emergency action notification issued
by APHIS.
(Approved by the Office of Management and Budget under control numbers
0579-0159 and 0579-0251)
[65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004]
Subpart_Citrus Canker
Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.
Notice of Quarantine and Regulations
Sec. 301.75-1 Definitions.
ACC coverage. 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.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Certificate. 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.
Citrus canker. A plant disease caused by strains of the bacterium
Xanthomonas axonopodis pv. citri.
Commercial citrus grove. An establishment maintained for the primary
purpose of producing citrus fruit for commercial sale.
Commercial citrus-producing area. Any area designated as a
commercial citrus-producing area in accordance with Sec. 301.75-5 of
this subpart.
Compliance agreement. 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.
Departmental permit. An official document of the United States
Department of Agriculture authorizing the movement of a regulated
article from a quarantined area.
Departmental tag or label. 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.
Exposed. 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.
Grove. 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.
Infected. Containing bacteria that cause citrus canker.
Infestation. 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.
Inspector. An individual authorized by the Administrator to perform
the specified duties.
Interstate. From any State into or through any other State.
Limited permit. 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.
Move. Ship, carry, transport, offer for shipment, receive for
shipment, or allow to be transported by any means.
Movement. The act of shipping, carrying, transporting, offering for
shipment, receiving for shipment, or allowing to be transported by any
means.
Nursery. Any premises, including greenhouses but excluding any
grove, at which plants are grown or maintained for propagation or
replanting.
[[Page 70]]
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Public order. 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.
Quarantined area. Any area designated as a quarantined area in
accordance with Sec. 301.75-4 of this subpart.
Regulated article. Any article listed in Sec. 301.75-3 (a) or (b)
of this subpart or designated as a regulated article in accordance with
Sec. 301.75-3(c) of this subpart.
Regulated fruit, regulated plant, regulated seed, regulated tree.
Any fruit, plant, seed, or tree defined as a regulated article.
State. 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.
United States. 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.
[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]
Sec. 301.75-2 General prohibitions.
(a) Regulated articles may not be moved interstate from a
quarantined area expect in accordance with this subpart.
(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.
(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.
[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]
Sec. 301.75-3 Regulated articles.
(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 Citrus and Fortunella, and all clones, cultivars,
strains, varieties, and hybrids of the species Clausena lansium and
Poncirus trifoliata. 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.
(b) Grass, plant, and tree clippings.
(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.
[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]
Sec. 301.75-4 Quarantined areas.
(a) The following States or portions of States are designated as
quarantined areas:
Florida
Broward, Miami-Dade, Monroe, and Palm Beach Counties. That portion
of the counties bounded by a line drawn as follows: Beginning in Monroe
County at the southeasternmost point of Key West; then northeast along
the eastern side of the Florida Keys and north along the Atlantic
coastline of Dade and Broward Counties to the Broward/Palm Beach County
line; then north along the Atlantic coastline of Palm Beach County to
the north end of Atlantic Dunes Park in Highland Beach in sec. 33, T. 46
S., R. 43 E.;
[[Page 71]]
then west to the Intracoastal Waterway; then south along the
Intracoastal Waterway to the inlet of the C-15 Canal; then west along
the C-15 Canal to Interstate 95; then south and southwest on Interstate
95 to Glades Road (State Road 808); then west on Glades Road (State Road
808) to the southeastern corner of sec. 15, T. 47 S., R. 41 E.; then
west along the southern boundary of sec. 15, T. 47 S., R. 41 E. to the
L-40 Canal; then west, southwest, and south along the L-40 Canal,
crossing the Palm Beach/Broward County line, to the Sawgrass Expressway
(State Road 869); then south on the Sawgrass Expressway (State Road 869)
to Interstate 75; then west on Interstate 75 to U.S. Highway 27; then
south on U.S. Highway 27 to Krome Avenue (NW. and SW. 177th Avenue);
then southwest and south on Krome Avenue (NW. and SW. 177th Avenue) to
U.S. Highway 41 (SW. 8th Street); then west on U.S. Highway 41 (SW. 8th
Street) to the northwestern corner of sec. 11, T. 54 S., R. 38 E.; then
south along the western boundaries of secs. 11, 14, 23, 26, 35, and 52,
T. 54 S., R. 38 E. and secs. 2 and 11, T. 55 S., R. 38 E. to the
southwestern corner of sec. 11, T. 55 S., R. 38 E.; then west along the
northern boundaries of secs. 15 and 16, T. 55 S., R. 38 E. to the
northwestern corner of sec. 16, T. 55 E., R. 38 E.; then south along
western boundaries of secs. 16, 21, 28, and 33, T. 55 S., R. 38 E. and
sec. 4, T. 56 S., R. 38 E. to the southwestern corner of sec. 4, T. 56
S., R. 38 E.; then west along the northern boundaries of secs. 8 and 7,
T. 56 S., R. 38 E. to northwestern corner of sec. 7, T. 56 S., R. 38 E.;
then south along the western boundaries of secs. 7, 18, 19, 30, and 31,
T. 56 S., R. 38 E. to the southwestern corner of sec. 31, T. 56 S., R.
38 E.; then east along the southern boundary of sec. 31, T. 56 S., R. 38
E. to the L-31 N Canal; then south along the L-31 N Canal to the
southwestern corner of sec. 8, T. 58 S., R. 38 E.; then south along the
western boundaries of secs. 17, 20, 29, and 32, T. 58 S., R. 38 E. and
secs. 5, 8, and 17, T. 59 S., R. 38 E. to the eastern boundary of the
Everglades National Park; then east along the eastern boundary of the
Everglades National Park to U.S. Highway 1; then southeast on U.S.
Highway 1 to Jew Fish Creek at the Florida Keys; then south along the
western shoreline of the Florida Keys to the southeasternmost point of
Key West, the point of beginning.
Charlotte County. (1) Burnt Store quarantined area. That portion of
the county bounded by a line drawn as follows: Beginning at a point on
the northern boundary of sec. 3, T. 42 S., R. 23 E. at latitude N.
26.858513, longitude W. -82.004911; then west along the northern
boundaries of secs. 3 and 4, T. 42 S., R. 23 E. approximately 1.25 miles
to Burnt Store Road (State Highway 765); then south along the centerline
of Burnt Store Road approximately 1.5 miles to a point at latitude N.
26.835843, longitude W. -82.021439; then east from that point 1 mile to
the southwest corner of the property at 13285 Green Gulf Boulevard; then
east along the southern boundary of the property at 13285 Green Gulf
Boulevard to the centerline of Green Gulf Boulevard; then north along
the centerline of Green Gulf Boulevard to Mushroom Drive; then east
along the centerline of Mushroom Drive to Sulky Drive; then northwest
along the centerline of Sulky Drive to Monte Cristo Boulevard; then east
along the centerline of Monte Cristo Boulevard to Panatella Drive; then
north along the centerline of Panatella Drive to Treadmill Drive; then
east along the centerline of Treadmill Drive to Path Avenue; then north
along the centerline of Path Avenue to Barcelona Drive; then north along
the centerline of Barcelona Drive to Tribune Boulevard; then west along
the centerline of Tribune Boulevard to Del Rio Drive; then northeast,
north, and west-northwest along the centerline of Del Rio Drive to Borax
Avenue; then west along the centerline of Borax Avenue to San Souci
Drive; then north along the centerline of Sans Souci Drive to Green Gulf
Boulevard; then west along the centerline of Green Gulf Boulevard to a
point at latitude N. 26.857943, longitude W. -82.004532; then northwest
from that point along the western boundary of the property at 27046
Green Gulf Boulevard to the point of beginning.
(2) Farabee Grade quarantined area. That portion of the county
bounded by a line drawn as follows: Beginning at the northeast corner of
sec. 1, T. 40 S., R. 26 E.; then west 3 miles to the northwest corner of
sec. 3, T. 40 S., R. 26 E.; then south 1 mile to the northeast corner of
sec. 9, T. 40 S., R. 26 E.; then west 1 mile to the northwest corner of
sec. 9, T. 40 S., R. 26 E.; then south 1 mile to the southwest corner of
sec. 9, T. 40 S., R. 26 E.; then east 1 mile to the northwest corner of
sec. 15, T. 40 S., R. 26 E.; then south 1 mile to the southwest corner
of sec. 15, T. 40 S., R. 26 E.; then east 3 miles to the southeast
corner of sec. 13, T. 40 S., R. 26 E.; then north 0.5 mile to a point at
latitude N. 26.9966539, longitude W. -81.661941; then east 1 mile,
bisecting sec. 18, T. 40 S., R. 27 E., to a point at latitude N.
26.9967719, longitude W. -81.6456869; then north 1.5 miles to the
northeast corner of sec. 7, T. 40 S., R. 27 E.; then west 1 mile to the
northwest corner of sec. 7, T. 40 S., R. 27 E.; then north 1 mile to the
point of beginning.
Collier and Hendry Counties. Collier quarantined area. That portion
of the counties bounded by a line drawn as follows: Beginning at a point
on the northern boundary of sec. 31, T. 47 S., R. 31 E. in Hendry County
at latitude N. 26.355297, longitude W. -81.260533; then west along the
northern boundary of sec. 31, T. 47 S., R. 31 E., crossing County Road
858 into Collier County and continuing west along the northern boundary
of sec. 36, T. 47 S., R. 30 E. to the northwest corner of
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sec. 36; then south from the northwest corner of sec. 36 along the
western boundary of sec. 36, T. 47 S., R. 30 E. to a point at latitude
N. 26.347806, longitude W. -81.284875; then west from that point to a
point on the western boundary of sec. 35, T. 47 S., R. 30 E. at latitude
N. 26.347239, longitude W. -81.303263; then south from that point to the
southwest corner of sec. 35, T. 47 S., R. 30 E.; then east from the
southwest corner of sec. 35, T. 47 S., R. 30 E. along the southern
boundary of sec. 35, T. 47 S., R. 30 E. to a point at latitude N.
26.340264, longitude W. -81.291183; then south from that point to a
point on the southern boundary of sec. 2, T. 48 S., R. 30 E. at latitude
N. 26.325925, longitude W. -81.290672; then east from that point along
the southern boundaries of secs. 2 and 1, T. 48 S., R. 30 E., crossing
County Road 858 into Hendry County and continuing east along the
southern boundary of sec. 6, T. 48 S., R. 31 E. to a point at latitude
N. 26.326083, longitude W. -81.259617; then north from that point to the
point of beginning.
DeSoto County. (1) DeSoto A quarantined area. That portion of the
county bounded by a line drawn as follows: Beginning at the northeastern
corner of sec. 22, T. 37 S., R. 25 E.; then south along the eastern
boundaries of secs. 22 and 27, T. 37 S., R. 25 E. to Whiddon Branch;
then south and southwest along Whiddon Branch to the southern boundary
of sec. 27, T. 37 S., R. 25 E.; then west along the southern boundary of
secs. 27 and 28, T. 37 S., R. 25 E.; then north along the western
boundaries of secs. 28 and 21, T. 37 S., R. 25 E.; then east along the
northern boundaries of secs. 21 and 22, T. 37 S., R. 25 E. to the point
of beginning.
(2) DeSoto B quarantined area. That portion of the county bounded by
a line drawn as follows: Beginning at the northeast corner of sec. 11,
T. 37 S., R. 25 E., then east along the northern boundaries of sec. 12,
T. 37 S., R. 25 E. and secs. 7 and 8, T. 37 S., R. 26 E. to the
northeast corner of sec. 8, T. 37 S., R. 26 E.; then south along the
eastern boundary of sec. 8, T. 37 S., R. 26 E. to the northwest corner
of sec. 16; T. 37 S., R. 26 E.; then east along the northern boundary of
sec. 16, T. 37 S., R. 26 E. to the northeast corner of sec. 16, T. 37
S., R. 26 E.; then south along the eastern boundary of sec. 16, T. 37
S., R. 26 E. to the southeast corner of sec. 16, T. 37 S., R. 26 E.;
then west along the southern boundary of sec. 16, T. 37 S., R. 26 E. for
approximately 0.5 mile; then south into sec. 21, T. 37 S., R. 26 E. for
approximately 0.5 mile; then west through secs. 21, 20, and 19, T. 37
S., R. 26 E. to the western boundary of sec. 19, T. 37 S., R. 26 E.;
then north along the western boundary of sec. 19, T. 37 S., R. 26 E. to
the southeast corner of sec. 13, T. 37 S., R. 25 E.; then west along the
southern boundary of sec. 13, T. 37 S., R. 25 E. to the southwest corner
of sec. 13, T. 37 S., R. 25 E.; then south along the eastern boundary of
sec. 23, T. 37 S., R. 25 E. approximately 0.5 mile; then west 1 mile to
the western boundary of sec. 23, T. 37 S., R. 25 E.; then north
approximately 0.5 mile to the northeast corner of sec. 22, T. 37 S., R.
25 E.; then west approximately 0.5 mile along the northern boundary of
sec. 22, T. 37 S., R. 25 E. to Mare Branch; then northwest along Mare
Branch approximately 2,750 feet; then west approximately 1,221 feet to
the western boundary of sec. 15, T. 37 S., R. 25 E.; then north along
the western boundary of sec. 15, T. 37 S., R. 25 E. to the northwest
corner of sec. 15, T. 37 S., R. 25 E.; then west approximately 1,710
feet to the southwest corner of Multiblocks (MB) 52, 62, and 63; then
north approximately 1,221 feet to the northwest corner of MB 52, 62, and
63; then east approximately 366 feet to the southwest corner of MB 51,
60, and 61; then north approximately 6,716 feet, crossing McIntyre Road
and continuing to the midpoint of sec. 4, T. 37 S., R. 25 E.; then east
approximately 1,221 feet to the western boundary of sec. 3, T. 37 S., R.
25 E.; then north approximately 977 feet to the southwest corner of MB
1, 17, 18, 19, and 20; then east approximately 2,442 feet; then north
approximately 1,710 feet to the northern boundary of sec. 3, T. 37 S.,
R. 25 E.; then east to the northeast corner of sec. 2, T. 37 S., R. 25
E.; then south to the northeast corner of sec. 11, T. 37 S., R. 25 E.,
the point of beginning.
(3) DeSoto C quarantined area. That portion of the county bounded by
a line drawn as follows: Beginning at the northwestern corner of sec. 2,
T. 38 S., R. 25 E.; then east along the northern boundary of sec. 2, T.
38 S., R. 25 E. to Walston Avenue; then south on Walston Avenue to
Joshua Creek; then south and southwest along Joshua Creek to a point
approximately 0.5 mile into sec. 9, T. 38 S., R. 25 E.; then north from
that point through secs. 9 and 4, T. 38 S., R. 25 E. to the northern
boundary of sec. 4, T. 38 S., R. 25 E.; then east along the northern
boundary of sec. 4, T. 38 S., R. 25 E. to the southwestern corner of
sec. 34, T. 37 S., R. 25 E.; then north along the western boundary of
sec. 34, T. 37 S., R. 25 E. for approximately 0.25 mile; then east to
the eastern boundary of sec. 34, T. 37 S., R. 25 E.; then south to the
northwestern corner of sec. 2, T. 38 S., R. 25 E., the point of
beginning.
(4) DeSoto D quarantined area. That portion of the county bounded by
a line drawn as follows: Beginning at the northeastern corner of sec. 7,
T. 38 S., R. 26 E.; then west along the northern boundary of sec. 7, T.
38 S., R. 26 E. to State Road 760; then north on State Road 760 to
Joshua Creek; then west and southwest along Joshua Creek to the point
where it intersects the northern boundary of sec. 12, T. 38 S., R. 25
E.; then south from that point to State Road 760; then southwest on
State Road 760 to the western boundary of sec. 12, T. 38 S., R. 25 E.;
then south along the western boundaries of secs. 12 and 13, T. 38 S., R.
25 E.; then east
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along the southern boundaries of secs. 13 and 18, T. 38 S., R. 26 E.;
then north along the eastern boundaries of secs. 18 and 7, T. 38 S., R.
26 E. to the point of beginning.
Hendry County. (1) Sears quarantined area. That portion of the
county bounded by a line drawn as follows: Beginning at the northeastern
corner of Multiblocks (MB) 69, 70, 92, 98, and 154 in sec. 9, T. 44 S.,
R. 30 E.; then south to the northwestern corner of MB 16, 37, 46, 64,
and 91; then east to the northeastern corner of MB 16, 37, 46, 64, and
91; then south to the southern boundary of MB 4, 46, 81, 84, 101, and
164; then west to the southeastern corner of MB 3, 45, 97, and 123; then
south to the southern boundary of MB 4, 9, 21, 54, and 55 in sec. 16, T.
44 S., R. 30 E.; then west to the southwestern corner of MB 8, 22, 23,
39, 46, and 53; then southwest across Goodno Canal to the southeastern
corner of MB 12, 15, 33, 36, 44, 45, and 82 in sec. 17, T. 44 S., R. 30
E.; then west to the southwestern corner of MB 10, 20, 48, 49, and 83;
then north to the southern boundary of MB 30, 58, and 98 in sec. 8, T.
44 S., R. 30 E.; then west to a point on the southern boundary of MB 32,
57, 88, and 100 at latitude N. 26.66013, longitude W. -81.35380; then
north to the southern boundary of MB 1, 39, 54, 70, and 124; then east
to the southwestern corner of MB 16, 40, 55, 71, and 123; then north to
the northwestern corner of MB 16, 40, 55, 71, and 123; then east to the
northeastern corner of MB 3, 14, 52, 68, and 97; then northeast across
the Goodno Canal to the northwestern corner of MB 12, 61, 67, 115, 116,
117, and 155 in sec. 9, T. 44 S., R. 30 E.; then east to the point of
beginning.
(2) West Hendry quarantined area. That portion of the county
described as follows: All of secs. 7, 8, 18, and 17, T. 47 S., R. 31 E.
Highlands County. Naranja quarantined area. That portion of the
county described as follows: All of sec. 36, T. 36 S., R. 32 E.; secs.
31 and 32, T. 36 S., R. 33 E.; secs. 1, 12, and 13, T. 37 S., R. 32 E.;
and secs. 6, 5, 4, 7, 8, 9, 18, 17, 16, 15, 21, and 22, T. 37 S., R. 33
E.
Highlands/De Soto Counties. Venus quarantined area. That portion of
the county bounded by a line drawn as follows: Beginning in sec. 18, T.
39 S., R. 28 E. at the northwestern corner of SF Block A-1 on 11 Mile
Grade Road; then south on 11 Mile Grade Road to Betty Drive; then west
on Betty Drive to the northwestern corner of SP Block 111; then south
along the western boundaries of SP Blocks 111, 109, 107, 105, 103, 101
to the southwestern corner of SP Block 101; then east along the southern
boundaries of SP Blocks 101 and 102 to the southeastern corner of SP
Block 102; then east along SP Block 102 to 11 Mile Grade Road; then
south on 11 Mile Grade Road to the southwestern corner of SF Block L-1;
then east along the southern boundaries (along canal) of SF Blocks L-1,
L-2, L-3, and L-4 to the southeastern corner of SF Block L-4; then north
along the eastern boundaries of SF Blocks L-4, K-4, J-4, and I-4 to the
northeastern corner of SF Block I-4; then north through the retention
pond to the southeastern corner of SF Block D-4 in sec. 16, T. 39 S., R.
28 E.; then north along the eastern boundaries of SF Blocks D-4 and C-4
to the northeastern corner of SF Block C-4; then west along the northern
boundary of SF Block C-4 to the retention pond; then north along the
western boundaries of SF Blocks B-5 and A-5 to the northern boundary of
sec. 17, T. 39 S., R. 28 E.; then west along the northern boundaries of
SF Blocks A-3, A-2, and A-1 to 11 Mile Grade Road, the point of
beginning.
Lee County. (1) Cape Coral quarantined area. That portion of the
county bounded by a line drawn as follows: Beginning at the intersection
of the western shoreline of the Caloosahatchee River and the Plato
Canal; then west along the Plato Canal to Del Prado Boulevard; then
north on Del Prado Boulevard to northern side of 3616 Del Prado
Boulevard; then west along the property line of 3616 Del Prado Boulevard
to the Groton Canal; then west along the Groton Canal to the Rubicon
Canal; then north along the Rubicon Canal to the Allegro Canal; then
west along the Allegro Canal to 3523 Country Club Boulevard; then west
along the southern side of 3523 Country Club Boulevard to Country Club
Boulevard; then south on Country Club Boulevard to Wildwood Parkway;
then west on Wildwood Parkway to Palm Tree Boulevard; then south on Palm
Tree Boulevard to SE. 40th Street; then west on SE. 40th Street to Santa
Barbara Boulevard; then south on Santa Barbara Boulevard to SW. 40th
Street; then west on SW. 40th Street to Pelican Boulevard; then south on
Pelican Boulevard to SW. 40th Terrace; then west on SW. 40th Terrace to
SW. 5th Place; then south on SW. 5th Place to a point in Thunderbird
Lake at latitude N. 26.555818, longitude W. -81.984898; then east from
that point to SW. 49th Lane; then east on SW. 49th Lane to Pelican
Boulevard; then south on Pelican Boulevard to latitude N. 26.54878,
longitude W. -81.98239; then east from that point to latitude N.
26.54866, longitude W. -81.97834; then south from that point to the
Caloosahatchee River; then north, east, and north along the
Caloosahatchee River shoreline to the point of beginning.
(2) Pine Island quarantined area. That portion of the county bounded
by a line drawn as follows: Beginning on the eastern Pine Island
shoreline at a point on Cubles Drive at latitude N. 26.639400, longitude
W. -82.106568; then south from that point along the eastern Pine Island
shoreline to a point defined by latitude N. 26.619100, longitude W. -
82.105556; then west from that point to Birdsong Lane; then west on
Birdsong Lane to Stringfellow Road; then north on Stringfellow Road to
latitude N. 26.619628, longitude W. -82.118863; then west from that
point to latitude N.
[[Page 74]]
26.319436, longitude W. -82.123956; then north from that point to
latitude N. 26.624970, longitude W. -82.123990; then west from that
point to latitude N. 26.624978, longitude W. -82.124627; then north from
that point to latitude N. 26.626005, longitude W. -82.124567; then west
from that point to latitude N. 26.626088, longitude W. -82.125245; then
north from that point to latitude N. 26.634922, longitude W. -82.125165;
then east from that point to Harry Street; then north on Harry Street to
latitude N. 26.649310, longitude W. -82.125209; then east from that
point to Stringfellow Road; then north on Stringfellow Road to Sailfish
Road; then east on Sailfish Road to Marlin Road; then north on Marlin
Road to Porpoise Road; then east on Porpoise Road to Dolphin Road; then
north on Dolphin Road to Tarpon Road; then east on Tarpon Road to a
point on Cristi Way at latitude N. 26.638367, longitude W. -82.118612;
then north from that point to latitude N. 26.638860, longitude W. -
82.118562; then east from that point to a point on Sherwood Road at
latitude N. 26.638865, longitude W. -82.109475; then north from that
point to the intersection of Sherwood Road and Cubles Drive; then east
on Cubles Drive to the point of beginning.
Orange County. Orange County Nos. 2 and 3 quarantined areas. That
portion of the county bounded by a line drawn as follows: Beginning at
the intersection of Turkey Lake Road and Lake Marsha Drive; then south
on Turkey Lake Road to Sand Lake Road; then west on Sand Lake Road to
Apopka Vineland Road; then south on Apopka Vineland Road to Point
Cypress Drive; then west on Point Cypress Drive to the point where Lone
Tree Lane begins; then north to the shoreline of Lake Tibet; then
northeast and north along the eastern shoreline of Lake Tibet to the tip
of the peninsula north of Bay Point Drive; then east across Lake Tibet
to the western side of 9151 Houston Place; then south, east, and north
along the property line of 9151 Houston Place to Houston Place; then
east on Houston Place to Masters Boulevard; then north on Masters
Boulevard to Osprey Isle Lane; then north on Osprey Isle Lane to Bay
Side Drive; then north on Bay Side Drive to Apopka Vineland Road; then
south on Apopka Vineland Road to Palm Lake Drive; then east on Palm Lake
Drive to Palm Lake Circle; then east on Palm Lake Circle to Palm Lake
Drive; then east on Palm Lake Drive to Dr. Phillips Boulevard; then
north on Dr. Phillips Boulevard to Pine Springs Drive; then east on Pine
Springs Drive to Lake Marsha Drive; then northeast on Lake Marsha Drive
to the point of beginning.
Palm Beach County. (1) Boynton Beach quarantined area. That portion
of the county bounded by a line drawn as follows: Beginning at the
eastern end of the Boynton Inlet at the Atlantic Ocean; then south along
the Atlantic Ocean coastline to the eastern end of Briny Breezes Road;
then west on Briny Breezes Road to its western end; then west to the
shoreline of the Intracoastal Waterway; then west across the
Intracoastal Waterway to 23rd Avenue; then west on 23rd Avenue to
Interstate 95; then south on Interstate 95 to the L-30 Canal; then west
along the L-30 Canal to Military Trail; then north on Military Trail to
Woolbright Road; then east on Woolbright Road to Quail Covey Road; then
north on Quail Covey Road to West Boynton Beach Boulevard; then east on
West Boynton Beach Boulevard to Knuth Road; then north on Knuth Road to
Old Boynton West Road; then north across Old Boynton West Road to
Javertz Street; then north on Javertz Street to the Boynton Canal; then
east along the Boynton Canal to the E-4 Canal; then north along the E-4
Canal to Hypoluxo Road; then east on Hypoluxo Road to its eastern end;
then east to the shoreline of the Intracoastal Waterway; then south to
the western end of the Boynton Inlet; then east along the Boynton Inlet
to the point of beginning.
(2) West Palm Beach quarantined area. That portion of the county
bounded by a line drawn as follows: Beginning at the western end of the
Royal Park Bridge; then north along the western shoreline of the
Intracoastal Waterway to the southern boundary of Gettler Park at 45th
Street; then west on 45th Street to Interstate 95; then south on
Interstate 95 to Okeechobee Boulevard; then east on Okeechobee Boulevard
to Lakeview Avenue; then east on Lakeview Avenue to the point of
beginning.
Sarasota County. Englewood quarantined area. That portion of the
county bounded by a line drawn as follows: Beginning at the northeastern
corner of sec. 13, T. 40 S., R. 19 E.; then south along the eastern
boundaries of secs. 13, 24, and 25, T. 40 S., R. 19 E. to Artists
Avenue; then west on Artists Avenue to Kilbourne Avenue; then north on
Kilbourne Avenue to Ohio Avenue; then west on Ohio Avenue to the eastern
shoreline of Lemon Bay; then north along the eastern shoreline of Lemon
Bay to the western boundary of sec. 15, T. 40 S., R. 19 E. at Forked
Creek.; then northwest and north along Forked Creek to Keyway Road; then
east on Keyway Road to the northern boundary of sec. 13, T. 40 S., R. 19
E.; then east along the northern boundary of sec. 13, T. 40 S., R. 19 E.
to the point of beginning.
(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
[[Page 75]]
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.
(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.
(d) Less than an entire State will be designated as a quarantined
area only if all of the following conditions are met:
(1) Survey. No area has been designated a survey area.
(2) Intrastate movement of regulated articles. The State enforces
restrictions on the intrastate movement of regulated articles from the
quarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the quarantined area,
except as follows:
(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:
(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,
(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.
(C) The vehicles, covers, and any containers used to carry the
regulated fruit intrastate are treated in accordance with Sec. 301-
11(d) of this subpart before leaving the premises where the regulated
fruit is unloaded for processing, and
(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.
(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:
(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.
(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.
(C) The vehicles, covers, and any containers used to carry the
regulated fruit intrastate are treated in accordance with Sec. 301.75-
11(d) of this subpart before leaving the premises where the regulated
fruit is unloaded for packing.
(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 Sec. 301.75-11(d) of this subpart before being used to handle any
fruit eligible for interstate movement to commercial citrus-producing
areas, and
(E) All leaves and litter collected from the shipment of regulated
fruit at 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
[[Page 76]]
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 Sec. 301.75-11(d) of
this subpart before leaving the premises where the regulated fruit is
unloaded for processing.
(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:
(A) The public landfill or recycling facility is located within the
survey area described in paragraph (d)(1) of this section,
(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
(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.
[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; 67 FR 9390, Mar. 1, 2002; 67 FR 13084, Mar. 21, 2002; 67 FR 18463,
Apr. 16, 2002; 67 FR 30771, May 8, 2002; 69 FR 55317, Sept. 14, 2004; 70
FR 9209, Feb. 25, 2005; 70 FR 33268, June 7, 2005]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The following are designated as commercial citrus-producing
areas:
American Samoa
Arizona
California
Florida
Guam
Hawaii
Louisiana
Northern Mariana Islands
Puerto Rico
Texas
Virgin Islands of the United States
(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.
[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]
Sec. 301.75-6 Interstate movement of regulated articles from a
quarantined area, general requirements.
No regulated article may be moved interstate from a quarantined area
unless all of the following conditions are met:
(a) Inspections. (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.
(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.
(b) Treatment of personnel, vehicles, and equipment. In the
quarantined area, 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
Sec. 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 Sec. 301.75-11(c) of
[[Page 77]]
this subpart upon leaving the grove or premises.
(c) Destruction of infected plants and trees. 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.
[55 FR 37451, Sept. 11, 1990]
Sec. 301.75-7 Interstate movement of regulated fruit from a quarantined
area.
(a) Regulated fruit produced in a quarantined area. 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:
(1) During the year before the interstate movement, the grove
producing the regulated fruit received regulated plants only from the
following nurseries:
(i) Nurseries located outside any quarantined areas, or
(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.
(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:
(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.
(ii) The proximity of exposed plants to infected plants or
contaminated articles at the time of exposure, and
(iii) The length of time the plants were exposed.
(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.
(4) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(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.
(6) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12 of this subpart.
(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.
(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.
(ii) The regulated fruit was treated in accordance with Sec.
301.75-11(a) of this subpart.
(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.
(iv) The regulated fruit is accompanied by a limited permit issued
in accordance with Sec. 301.75-12 of this subpart.
(2) Conditions for subsequent movement into any area of the United
States including commercial citrus-producing areas. (i) The regulated
fruit
[[Page 78]]
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.
(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.
(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.
(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 Sec. 310.75-11(d) of
this subpart before being used to handle any regulated fruit not
produced in a quarantined area.
(v) The regulated fruit is treated at the packing plant in
accordance with Sec. 301.75-11(a) of this subpart.
(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 Sec. 301.75-4(d)(2)(ii)(E) of this subpart.
(vii) The regulated fruit is accompanied by a certificate issued in
accordance with Sec. 301.75-12 of this subpart.
[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999]
Sec. 301.75-8 Interstate movement of regulated seed from a quarantined
area.
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:
(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.
(b) The regulated seed was treated in accordance with Sec. 301.75-
11(b) of this subpart.
(c) The regulated seed is accompanied by a certificate issued in
accordance with Sec. 301.75-12 of this subpart.
[55 FR 37452, Sept. 11, 1990]
Sec. 301.75-9 Interstate movement of regulated articles from a
quarantined area for experimental or scientific purposes.
A regulated article may be moved interstate from a quarantined area
if:
(a) Moved by the United States Department of Agriculture for
experimental or scientific purposes;
(b) Moved pursuant to a Departmental permit issued for such article
by the Administrator;
(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
(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.
[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450,
Sept. 11, 1990]
Sec. 301.75-10 Interstate movement of regulated articles through a
quarantined area.
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:
(a) The regulated article is accompanied by either: A receipt
showing
[[Page 79]]
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.
(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 Sec. 301.75-7 of this subpart, is added to the shipment
in the quarantined area.
(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.
[55 FR 37452, Sept. 11, 1990]
Sec. 301.75-11 Treatments.
(a) Regulated fruit. 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:
(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
(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.
(3) Sodium hypochlorite and SOPP must be applied in accordance with
label directions.
(b) Regulated seed. 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 [deg]F. (51.6 [deg]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.
(c) Personnel. All personnel for which treatment is required by this
subpart must clean their hands using one of the following disinfectants:
(1) Gallex 1027 Antimicrobial Soap;
(2) Hibiclens;
(3) Hibistat;
(4) Sani Clean Hand Soap; or
(5) Seventy Percent Isopropyl Alcohol.
(d) Vehicles, equipment, and other articles. 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:
(1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to
7.5;
(2) A 0.2-percent solution of a quaternary ammonium chloride (QAC)
compound;
(3) A solution of hot water and detergent, under high pressure (at
least 30 pounds per square inch), at a minimum temperature of 160
[deg]F; or
(4) Steam, at a minimum temperature of 160 [deg]F. at the point of
contact.
[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]
Sec. 301.75-12 Certificates and limited permits.
(a) Issuance and withdrawal. (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.
(2) A certificate or limited permit may be withdrawn by an inspector
if
[[Page 80]]
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.
(b) Attachment and disposition. (1) Certificates and limited permits
accompanying regulated articles interstate must be attached during the
interstate movement to one of the following:
(i) The outside of the regulated article, if the regulated article
is not packed in a container, or
(ii) The outside of the container in which the regulated article is
packed, or
(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.
(2) Certificates and limited permits accompanying regulated articles
interstate must be given to the consignee at the point of destination.
[55 FR 37453, Sept. 11, 1990]
Sec. 301.75-13 Compliance agreements.
(a) Eligibility. 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.
(b) Cancellation. 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.
[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.75-14 Costs and charges.
The services of the inspector shall be furnished without cost. The
United States Department of Agriculture will 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.
[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11,
1990]
Sec. 301.75-15 Funds for the replacement of commercial citrus trees.
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.
[[Page 81]]
(a) Eligibility. 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.
(b) Tree replacement payments. 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:
------------------------------------------------------------------------
Maximum
Variety payment
per acre
------------------------------------------------------------------------
Grapefruit, red seedless.................................... $2,704
Orange, Valencia............................................ 3,198
Orange, early/midseason/navel............................... 3,068
Tangelo..................................................... 2,964
Lime........................................................ 4,004
Other or mixed citrus....................................... 2,704
------------------------------------------------------------------------
(c) How to apply for tree replacement funds. 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.
(Approved by the Office of Management and Budget under control number
0579-0163)
[65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001]
Sec. 301.75-16 Payments for the recovery of lost production income.
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.
(a) Eligibility. 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.
(b) Calculation of payments. (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:
------------------------------------------------------------------------
Payment
Citrus variety (per acre)
------------------------------------------------------------------------
Grapefruit................................................. $3,342
Orange, Valencia, and tangerine............................ 6,446
Orange, navel (includes early and midseason oranges)....... 6,384
Tangelo.................................................... 1,989
Lime....................................................... 6,503
Other or mixed citrus...................................... 3,342
------------------------------------------------------------------------
(2) Payment adjustments. (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
[[Page 82]]
the total amount of the crop insurance payments received by the
commercial citrus grove's owner for the insured trees.
(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.
(c) How to apply for lost production payments. 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.
[66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001]
Subpart_Mediterranean Fruit Fly
Source: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.
Sec. 301.78 Restrictions on interstate movement of regulated articles.
No person shall move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------
\1\ 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).
[56 FR 57576, Nov. 13, 1991, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.78-1 Definitions.
In this subpart the following definitions apply:
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS).
Certificate. 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.
Commercially produced. 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, 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.
Compliance agreement. 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.
Core area. The 1 square mile area surrounding each property where
Mediterranean fruit fly has been detected.
[[Page 83]]
Day degrees. 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 [deg]F: [(Minimum Daily Temp + Maximum
Daily Temp)/2] - 54[deg] = Day Degrees.
Drip line. The line around the canopy of a plant.
Infestation. 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.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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 Sec. 301.78-5(b) of this subpart only to a specified
destination and only in accordance with specified conditions.
Mediterranean fruit fly. The insect known as Mediterranean fruit fly
Ceratitis capitata (Wiedemann) in any stage of development.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.78-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.78-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.78-2(a) or (b) of
this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.78-2(c) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538,
June 20, 1997; 62 FR 47556, Sept. 10, 1997]
Sec. 301.78-2 Regulated articles.
The following are regulated articles:
(a) The following berries, fruits, nuts, and vegetables.
Almond with husk (Prunus dulcis (P. amygdalus))
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Black Myrobalan (Terminalia cherbula)
Cherries (sweet and sour) (Prunus avium, P. cerasus)
Citrus citron (Citrus medica)
Date (Phoenix dactylifera)
Eggplant (Solanum melongena L.), other than commercially produced
eggplant
Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-skinned lemons harvested for packing
by commercial packing houses.
Lemon, Meyer (Citrus limonxreticulata)
Lemon, Rough (Citrus jambhiri)
Lime, sweet (Citrus aurantiifolia)
Loquat (Eriobotrya japonica)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mock orange (Murraya exotica)
Mountain apple (Syzigium malaccense (Eugenia malaccensis))
Natal plum (Carissa macrocarpa)
Nectarine (Prunus persica var. nectarina)
Olive (Olea europea)
Opuntia cactus (Opuntia spp.)
Orange, calamondin (Citrus reticulata x. Fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Papaya (Carica papaya)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum frutescens, C. annuum)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sour orange (Citrus aurantium)
[[Page 84]]
Spanish cherry (Brazilian plum) (Eugenia dombeyi (E. brasiliensis))
Strawberry guava (Psidium cattleianum)
Surinam cherry (Eugenia uniflora)
Tomato (pink and red ripe) (Lycopersicon esculentum)
Walnut with husk (Juglans spp.)
White sapote (Casimiroa edulis)
Yellow oleander (Bestill) (Thevetia peruviana)
Any berries, fruits, nuts, or vegetables that are canned or dried or
frozen below -17.8 [deg]C. (0 [deg]F.) are not regulated articles.
(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.
(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.
[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]
Sec. 301.78-3 Quarantined areas.
(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:
(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
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of the Mediterranean fruit fly.
(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.
(c) There are no areas in the continental United States quarantined
because of the Mediterranean fruit fly.
[56 FR 57576, Nov. 13, 1991]
Editorial Note: For Federal Register citations affecting Sec.
301.78-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 301.78-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.78-5 and 301.78-8 of this subpart;
(b) Without a certificate or limited permit, if:
(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;
(2) The regulated article originated outside the quarantined area
and is either moved in an enclosed vehicle or is
[[Page 85]]
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
(3) The point of origin of the regulated article is indicated on the
waybill.
(c) Without a certificate or limited permit, if:
(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
(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.
(d) Without a certificate or limited permit if the regulated article
is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a permit issued by the Administrator for the
regulated article;
(3) Under conditions specified on the permit and found by the
Administrator to be adequate to prevent the spread of Mediterranean
fruit fly; and
(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)
[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]
Sec. 301.78-5 Issuance and cancellation of certificates and limited
permits.
(a) A certificate shall be issued by an inspector \3\ for the
interstate movement of a regulated article if the inspector determines
that:
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.78-10 of this subpart; or
(ii) Based on inspection of the premises of origin, that the
premises are free from the Mediterranean fruit fly; or
(iii) Based on inspection of the regulated article, that it is free
of Mediterranean fruit fly; and
(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
(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) \4\ to prevent the spread of the
Mediterranean fruit fly; and
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
(4) The regulated articles is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated articles.
(b) An inspector \5\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that--
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, processing, or utilization (the
destination and
[[Page 86]]
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;
(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
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(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.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994;
66 FR 21051, Apr. 27, 2001]
Sec. 301.78-6 Compliance agreements and cancellation.
(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.\6\
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
(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
[[Page 87]]
---------------------------------------------------------------------------
a hearing will be adopted by the Administrator.
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.78-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.78-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector,\7\ as far in advance of the desired
interstate movement as possible (but no less than 48 hours before the
desired interstate movement).
---------------------------------------------------------------------------
\7\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
Sec. 301.78-8 Attachment and disposition of certificates and limited
permits.
(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: 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 only if the regulated article is sufficiently
described on the certificate or limited permit and on the waybill to
identify the regulated article.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
Sec. 301.78-9 Costs and charges.
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.
Sec. 301.78-10 Treatments.
Treatment schedules listed in part 305 of this chapter to destroy
Mediterranean fruit fly are authorized for use on regulated articles.
The following treatments may be used for the regulated articles
indicated:
(a) Fruits and vegetables.
(1) Bell Pepper--(i) Vapor Heat. Heat by saturated water vapor at
44.4 [deg]C. (112 [deg]F.) until approximate center of bell pepper
reaches 44.4 [deg]C. (112 [deg]F.). Maintain at 44.4 [deg]C. (112
[deg]F.) for 8\3/4\ hours, then immediately cool.
(2) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal
atmospheric pressure with 32 g/m \3\ (2 lb/1000 ft \3\) for 3\1/2\ hours
at 21 [deg]C. (70 [deg]F.) or above.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 [deg]C. (112
[deg]F.) until approximate center of tomato reaches 44.4 [deg]C. (112
[deg]F.). Maintain at 44.4 [deg]C. (112 [deg]F.) for 8\3/4\ hours, then
immediately cool.
Note: 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.
(b) Regulated citrus fruit that has been harvested. (1) Fumigation
with methyl bromide at normal atmospheric pressure with 32 g/
m3 (2 pounds per 1000 cubic feet) for 3\1/2\ hours at 21
[deg]C. (70 [deg]F.) or above.
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
(2) Fumigation plus refrigeration: Fumigation with methyl bromide at
normal atmospheric pressure with 32 g/m3 (2 pounds per 1000
cubic feet) at 21 [deg]C. (70 [deg]F.) or above.
------------------------------------------------------------------------
Fumigation exposure time Refrigeration
------------------------------------------------------------------------
2 hours................................. 4 days at 0.55 to 0.7 [deg]C.
(33 to 37 [deg]F.); or 11
days at 3.33 to 8.3 [deg]C.
(38 to 47 [deg]F.).
2\1/2\ hours............................ 4 days at 1.11 to 4.44 [deg]C.
(34 to 40 [deg]F.); or 6 days
at 5.0 to 8.33 [deg]C. (41 to
47 [deg]F.); or 10 days at
8.88 to 13.33 [deg]C. (48 to
56 [deg]F.).
3 hours................................. 3 days at 6.11 to 8.33 [deg]C.
(43 to 47 [deg]F.); or 6 days
at 9.88 to 13.33 [deg]C. (48
to 56 [deg]F.).
------------------------------------------------------------------------
[[Page 88]]
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
Time lapse between fumigation and start of cooling not to exceed 24
hours. Chamber load not to exceed 80 percent of volume.
(3) Cold treatment: 14 days at 1.11 [deg]C. (34 [deg]F.) or below;
16 days at 1.67 [deg]C. (35 [deg]F) or below; or 18 days at 2.22 [deg]C.
(36 [deg]F.) or below.
(c) Approved irradiation treatment. 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 Sec. 301.78-2(a) of this subpart.
(1) Approved facility. 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:
(i) Be capable of administering a minimum absorbed ionizing
radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables; \8\
---------------------------------------------------------------------------
\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food is regulated by the Food and Drug Administration under 21 CFR
part 179.
---------------------------------------------------------------------------
(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;
(iii) Complete a compliance agreement with the Animal and Plant
Health Inspection Service as provided in Sec. 301.78-6 of this subpart;
and
(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.
(2) Treatment monitoring. 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.\9\
---------------------------------------------------------------------------
\9\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------
(3) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(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 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.\10\
---------------------------------------------------------------------------
\10\ 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(ii) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(A) With polyethylene sheet wrap;
(B) With net wrapping; or
(C) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(iii) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of packing
and treatment.
(4) Dosage. The fruits and vegetables must receive a minimum
absorbed ionizing radiation dose of 225 Gray (22.5 krad).11
---------------------------------------------------------------------------
\11\ See footnote 8.
---------------------------------------------------------------------------
[[Page 89]]
(5) Dosimetry systems. (i) Dosimetry must demonstrate that the
absorbed dose, including areas of minimum and maximum dose, is mapped,
controlled, and recorded.
(ii) Absorbed dose must be measured using a dosimetry system that
can accurately measure an adsorbed dose of 225 Gray (22.5 krad).
(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.\12\
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
(6) Records. 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.
(7) Request for approval and inspection of facility. 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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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.
(8) Denial and withdrawal of approval. (i) The Administrator will
withdraw the approval of any irradiation treatment facility when the
irradiation processor requests in writing the withdrawal of approval.
(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 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.
(9) Department not responsible for damage. 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.
(d) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles,
[[Page 90]]
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.
(e) Soil. Soil within the drip area of plants that are producing or
have produced the berries, fruits, nuts, and vegetables listed in Sec.
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 \1/2\ inch. Both
immersion and pour-on treatment procedures are also acceptable.
(Approved by the Office of Management and Budget under control number
0579-0088)
[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; 67
FR 8464, Feb. 25, 2002; 67 FR 63536, Oct. 15, 2002; 70 FR 33268, June 7,
2005]
Subpart_Witchweed
Quarantine and Regulations
Sec. 301.80 Quarantine; restriction on interstate movement of specified
regulated articles.
(a) Notice of quarantine. 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
(Striga 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.
(b) Quarantine restrictions on interstate movement of specified
regulated articles. No common carrier or other person shall move
interstate from any quarantined State any of the following articles
(defined in Sec. 301.80-1(p) as regulated articles), except in
accordance with the conditions prescribed in this subpart:
(1) Soil, compost, peat, humus, muck, and decomposed manure,
separately or with other things; sand; and gravel.
(2) Plants with roots.
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
(6) Root crops, except those from which all soil has been removed.
(7) Peanuts in shells and peanut shells, except boiled or roasted
peanuts.
(8) Small grains and soybeans.
(9) Hay, straw, fodder, and plant litter of any kind.
(10) Seed cotton and gin trash.
(11) Stumpwood.
(12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes,
and watermelons, except those from which all soil has been removed.
(13) Pickling cucumbers, string beans, and field peas.
(14) Cabbage, except firm heads with loose outer leaves removed.
(15) Leaf tobacco, except flue-cured leaf tobacco.
(16) Ear corn, except shucked ear corn.
(17) Sorghum.
(18) Used crates, boxes, burlap bags, and cotton-picking sacks, and
other used farm products containers.
(19) Used farm tools.
(20) Used mechanized cultivating equipment and used harvesting
equipment.
(21) Used mechanized soil-moving equipment.
[[Page 91]]
(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.
[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]
Sec. 301.80-1 Definitions.
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:
Certificate. 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.
Compliance agreement. 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.
Deputy Administrator. 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.
Farm tools. An instrument worked or used by hand, e.g., hoes, rakes,
shovels, axes, hammers, and saws.
Generally infested area. Any part of a regulated area not designated
as a suppressive area in accordance with Sec. 301.80-2.
Infestation. The presence of witchweed or the existence of
circumstances that make it reasonable to believe that witchweed is
present.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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.
Mechanized cultivating equipment; and mechanized harvesting
equipment. 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.
Mechanized soil-moving equipment. Mechanized equipment used to move
or transport soil, e.g., draglines, bulldozers, road scrapers, and
dumptrucks.
Moved (movement, move). 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.
Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
Plant Protection and Quarantine Programs. 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.
Regulated area. Any quarantined State, or any portion thereof,
designated as a regulated area in Sec. 301.80-2a or otherwise
designated as a regulated area in accordance with Sec. 301.80-2(b).
Regulated articles. Any articles described in Sec. 301.80(b).
Restricted destination permit. A document issued or authorized to be
issued
[[Page 92]]
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.
Scientific permit. A document issued by the Deputy Administrator to
allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
Soil. That part of the upper layer of earth in which plants can
grow.
State. Any State, territory, or district of the United States,
including Puerto Rico.
Suppressive area. That portion of a regulated area where eradication
of infestation is undertaken as an objective, as designated by the
Deputy Administrator under Sec. 301.80-2(a).
Treatment Manual. 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. \1\
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
Witchweed. Parasitic plants of the genus Striga and reproductive
parts thereof, including seeds.
[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001]
Sec. 301.80-2 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.
(a) Regulated areas and suppressive or generally infested areas. The
Deputy Administrator shall designate as regulated areas, in a
supplemental regulation designated as Sec. 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 Sec. 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:
(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
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the interstate spread of
witchweed.
(b) Temporary designation of regulated areas and suppressive or
generally infested areas. The Deputy Administrator 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 Sec. 301.80-2a if a basis then
exists for their designation.
(c) Termination of designation as a regulated area and a suppressive
or generally infested area. 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
[[Page 93]]
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.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may, in a supplemental regulation
designated as Sec. 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.
[41 FR 27372, July 2, 1976]
Sec. 301.80-2a Regulated areas; generally infested and suppressive areas.
The civil divisions and parts of civil divisions described below are
designated as witchweed regulated areas within the meaning of this
subpart.
North Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Bladen County. 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.
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.
Cumberland County. 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.
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.
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.
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.
Pender County. The Hardie, George, farm located along a private
drive on the southeast side of State Secondary Road 1104, 0.3 mile north
of its intersection with State Secondary Road 1103.
The Peterson, Grady, farm located along a private drive on the
southeast side of State Secondary Road 1104, 0.3 mile north of its
intersection with State Secondary Road 1103.
The Zibelin, John, farm located 0.5 mile east of State Secondary
Road 1105, 1.2 miles south of its intersection with State Secondary Road
1104.
Robeson County. That area south of a line beginning at the
intersection of State Highway 211 with the Robeson-Bladen County line,
then west to its intersection with the Robeson-Hoke County line.
The Biggs, Furman, farm located on the west side of State Secondary
Road 1956, 0.3 mile southeast of its intersection with State Secondary
Road 1959.
The Blanks, Donnie, farm located on the west side of State Secondary
Road 1761, 0.3 mile north of its junction with State Secondary Road
1758.
The Britt, R.B., farm located on both sides of State Secondary Road
1765, 0.2 mile southeast of its junction with State Secondary Road 1758.
The Burnett, C.C., farm located on the north side of State Secondary
Road 1757, 0.2 mile northeast of its junction with State Road 1001.
The McMillan, J.P., farm located on both sides of State Secondary
Road 1770, 1.25 miles north of its junction with State Highway 211.
The McNair Investment farm located on the north side of State
Secondary Road 1764, 1.5 miles west of its intersection with State
Secondary Road 1762.
Sampson County. 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.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Horry County. That area bounded by a line beginning at a point where
U.S. Highway 9 intersects the Horry-Marion County line, then east along
U.S. Highway 9 to State Secondary Highway 19, then southeast along State
Secondary Highway 19 to Lake Swamp,
[[Page 94]]
then southwest along Lake Swamp to State Secondary Highway 99, then
south and southwest along State Secondary Highway 99 to U.S. Highway
501, then west along U.S. Highway 501 to the Little Pee Dee River, then
north along the Little Pee Dee River to the Lumber River, then north
along the Lumber River to U.S. Highway 9, the point of beginning.
The Adams, Lena J., farm located on the west side of State Highway
90, 1.2 miles west of its junction with the State Secondary Road known
as Pint Circle.
The Chestnut, Alberta, farm located on the west side of State
Highway 90, 0.3 mile west of its junction with the State Secondary Road
known as Pint Circle.
The James, Norman, farm located west of State Highway 90, 0.4 mile
west of its junction with an unpaved road known as Thompson Road.
The Jenerette, Miriam, farm located on the east side of State
Secondary Road 23, 3.4 miles south of its junction with State Highway
917.
The Lewis, Lula, farm located on the west side of State Highway 90,
0.4 mile west of its junction with an unpaved road known as Livingston
Lane and 0.1 mile east of its junction with an unpaved road known as
Beecher Lane.
The Livingston, Donnie, farm located on the east side of State
Highway 90, 0.5 mile southeast of its junction with the State Secondary
Road known as Bombing Range Road, 0.6 mile southeast of its junction
with an unpaved road known as Dewitt Road, and 0.2 mile west of its
junction with an unpaved road known as Sand Hill Lane.
The Livingston, Pittman, farm located on the east side of State
Highway 90, 2.2 miles north of its junction with State Highway 22.
The Montgomery, Harry, farm located on the northwest side of State
Highway 76 in the Causey community, 2.2 miles northwest of its junction
with the State Secondary Road known as Sand Trap Road, 3.7 miles
northeast of its junction with an unpaved road known as Causey Road, 0.1
mile northwest of its junction with an unpaved road known as Griffins
Landing, and 0.15 mile northeast of its junction with an unpaved road
known as Flat River Road.
The Permenter, Lucille, farm located on the east and west side of
State Highway 57 at Worthar Cutoff junction, 0.5 mile south of the North
Carolina/South Carolina State line.
The Stanley, Andrew, farm located on the east side of State Highway
90, 0.2 mile east of its junction with an unpaved road known as Andrew
Road.
The Todd, Don, farm located west of State Highway 90, 0.4 mile west
of its junction with an unpaved road known as Tilley Swamp Road.
The Vereen, Rufus C., farm located east of State Highway 90, 0.4
mile east of its junction with the State Secondary Road known as Old
Chesterfield Road.
Marion County. The Brown, Lewis, farm located on the south side of
State Highway 76, 1.4 miles south of its junction with State Secondary
Road 201.
The Fowler, Herbert, Estate, farm located east of State Highway 501,
1.4 miles northeast of its junction with an unpaved road known as
Bowling Green Road and 0.1 mile north of its junction with an unpaved
road known as Salem Road.
The Rowell, Molite, farm located on the west side of State Secondary
Road 9, 0.2 mile west of its junction with an unpaved road known as
Molite Road.
The Taw Caw Plantation farm located on the south side of State
Highway 76, 1.3 miles south of its junction with an unpaved road known
as Bubba Road.
[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003]
Sec. 301.80-2b Exempted articles. \1\
---------------------------------------------------------------------------
\1\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines.
---------------------------------------------------------------------------
(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:
(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. \2\
---------------------------------------------------------------------------
\2\ 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 Sec. 301.80-1(b)).
---------------------------------------------------------------------------
(2) Soybeans, when determined by an inspector that the soybeans were
grown, harvested, and handled in a manner to prevent contamination from
witchweed seed.
(3) Pickling cucumbers, string beans, and field peas, if washed free
of soil with running water.
(4) Used farm tools, if cleaned free of soil.
[[Page 95]]
(5) Used mechanized cultivating equipment and used mechanized soil-
moving equipment, if cleaned free of soil.
(b) The following article is exempt from the certification and
permit requirements of Sec. 301.80-4 under the applicable conditions as
prescribed in paragraph (b)(1) of this section:
(1) Seed cotton, if moving to a designated gin. \2\
[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988]
Sec. 301.80-3 Conditions governing the interstate movement of regulated
articles from quarantined States. \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(a) Any regulated articles, except soil samples for processing,
testing, or analysis, may be moved interstate from any quarantined State
under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Sec. Sec. 301.80-4 and 301.80-7, if moved:
(i) From any generally infested area or any suppressive area into or
through any point outside of the regulated areas; or
(ii) From any generally infested area into or through any
suppressive area; or
(iii) Between any noncontiguous suppressive areas; or
(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
(v) Through or reshipped from any regulated area when such movement
is not authorized under paragraph (a)(2)(v) of this section; or
(2) Without certificate or permit if moved:
(i) From any regulated area under the provisions of Sec. 301.80-2b
which exempts certain articles from certificate and permit requirements;
or
(ii) From a generally infested area to a contiguous generally
infested area; or
(iii) From a suppressive area to a contiguous generally infested
area; or
(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
(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
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(A) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.80-2b; or
(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.
(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 \4\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \5\ 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 Sec. Sec. 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
[[Page 96]]
the articles or shipping document which accompanies the articles and if
the movement is not made through any regulated area.
---------------------------------------------------------------------------
\4\ 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.
\5\ For list of approved laboratories, see (41 FR 4615 and
amendments thereof).
[41 FR 27373, July 2, 1976]
Sec. 301.80-4 Issuance and cancellation of certificates and permits.
(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:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Have been treated to destroy infestation in accordance with the
treatment manual; or
(3) Have been grown, produced, manufactured, stored, or handled in
such a manner that no infestation would be transmitted thereby.
(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.
(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.
(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.
(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.
(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
[[Page 97]]
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.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-5 Compliance agreements; and cancellation thereof.
(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.
(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.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 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.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-7 Attachment and disposition of certificates or permits.
(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.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 301.80-8 Inspection and disposal of regulated articles and pests.
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.
[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]
Sec. 301.80-9 Movement of witchweed.
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.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 301.80-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and
[[Page 98]]
regulations in this subpart, other than for the services of the
inspector.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Subpart_Imported Fire Ant
Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.
Quarantine and Regulations
Sec. 301.81 Restrictions on interstate movement of regulated articles.
No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart.
Sec. 301.81-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Certificate. 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.
Compliance agreement. 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.
Imported fire ant. Living imported fire ants of the species
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of
these species.
Infestation (infested). 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.
Inspector. An APHIS employee or other person authorized by the
Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. 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.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Noncompacted soil. 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
\1/2\-inch orifice).
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Reproducing colony. 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.
Soil. Any non-liquid combination of organic and/or inorganic
material in which plants can grow.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.81-2 Regulated articles.
The following are regulated articles:
(a) Imported fire ant queens and reproducing colonies of imported
fire ants.\1\
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\1\ Permit and other requirements for the interstate movement of
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) Soil,\2\ separately or with other articles, except potting soil
that is shipped in original containers in which the soil was placed
after commercial preparation.
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\2\ The movement of soil from Puerto Rico is subject to additional
provisions in part 330 of this chapter.
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(c) Baled hay and baled straw stored in direct contact with the
ground;
[[Page 99]]
(d) Plants and sod with roots and soil attached, except plants
maintained indoors in a home or office environment and not for sale;
(e) Used soil-moving equipment, unless removed of all noncompacted
soil; and
(f) Any other article or means of conveyance when:
(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
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-3 Quarantined areas.
(a) The Administrator will quarantine each State or each portion of
a State that is infested.
(b) Less than an entire State will be listed as a quarantined area
only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles listed in Sec. 301.81-2
that are equivalent to the interstate movement restrictions imposed by
this subpart; and
(2) Designating less than the entire State as a quarantined area
will prevent the spread of the imported fire ant.
(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:
(1) Projections of spread of imported fire ant around the periphery
of the infestation, as determined by previous years' surveys;
(2) Availability of natural habitats and host materials, within the
uninfested acreage, suitable for establishment and survival of imported
fire ant populations; and
(3) Necessity of including uninfested acreage within the quarantined
area in order to establish readily identifiable boundaries.
(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.
(e) The areas described below are designated as quarantined areas:
Alabama
The entire State.
Arkansas
Ashley County. The entire county.
Bradley County. The entire county.
Calhoun County. The entire county.
Chicot County. The entire county.
Clark County. The entire county.
Cleveland County. The entire county.
Columbia County. The entire county.
Dallas County. The entire county.
Desha County. The entire county.
Drew County. The entire county.
Faulkner County. That portion of the county lying south of a line
beginning at the intersection of Interstate 40 and the Faulkner/Conway
County line; then southeast on Interstate 40 to U.S. Highway 64; then
east on U.S. Highway 64 to the Faulkner/White County line.
Garland County. The entire county.
Grant County. The entire county.
Hempstead County. The entire county.
Hot Spring County. The entire county.
Howard County. The entire county.
Jefferson County. The entire county.
Lafayette County. The entire county.
Lincoln County. The entire county.
Little River County. The entire county.
Miller County. The entire county.
Montgomery County. The entire county.
Nevada County. The entire county.
[[Page 100]]
Ouachita County. The entire county.
Pike County. The entire county.
Polk County. That portion of the county lying south of a line
beginning at the intersection of State Highway 4 and the Oklahoma/
Arkansas border; then east on State Highway 4 to U.S. Highway 71; then
south on U.S. Highway 71 to State Highway 246; then east on State
Highway 246 to the Polk/Howard County line.
Pulaski County. The entire county.
Saline County. The entire county.
Sevier County. The entire county.
Union County. The entire county.
California
Los Angeles County. 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.
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.
Orange County. The entire county.
Riverside County. 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.
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.
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
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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 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.
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.
Florida
The entire State.
Georgia
The entire State.
Louisiana
The entire State.
Mississippi
The entire State.
New Mexico
Dona Ana County. The entire county.
North Carolina
Anson County. The entire county.
Beaufort County. The entire county.
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/Bertie County 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 State Highway 11/42; then north along State Highway 11/42
to the point of beginning.
Bladen County. The entire county.
Brunswick County. The entire county.
Cabarrus County. The entire county.
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.
Carteret County. The entire county.
Chatham County. The entire county.
Cherokee County. That portion of the county lying south and west of
a line beginning at the intersection of the Cherokee/Clay County line
and the North Carolina/Georgia State line; then north to U.S. Highway
64; then northwest along the southern shoreline of Hiwassee Lake to the
Tennessee State line.
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/Bertie County 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.
Clay County. That portion of the county lying southwest of State
Highway 69 and the North Carolina/Georgia State line; then
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north along Interstate 70 to its intersection with U.S. Highway 64; then
west along U.S. Highway 64 to the Clay/Cherokee County boundary.
Cleveland County. The entire county.
Columbus County. The entire county.
Craven County. The entire county.
Cumberland County. The entire county.
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.
Dare County. The entire county, excluding the portion of the barrier
islands south of Oregon Inlet.
Duplin County. The entire county.
Durham County. That portion of the county lying south of Interstate
85.
Edgecombe County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S.
Highway 64 Alternate; then west on U.S. Highway 64 Alternate to County
Route 1252; then west of this northerly line to County Route 1408; then
west on County Route 1408 to County Route 1407; then south on County
Route 1407 to the Edgecombe/Nash County line.
Gaston County. The entire county.
Greene County. The entire county.
Harnett County. The entire county.
Hertford County. That portion of the county lying south and east of
a line beginning at the intersection of State Highway 11 and the Bertie/
Hertford county line; then northeast on State Highway 11 to the U.S.
Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/
Gates County line.
Hoke County. The entire county.
Hyde County. The entire county.
Johnston County. The entire county.
Jones County. The entire county.
Lee County. The entire county.
Lenoir County. The entire county.
Martin County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
Mecklenburg County. The entire county.
Montgomery County. The entire county.
Moore County. The entire county.
Nash County. That portion of the county lying south and east of the
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95;
then north on Interstate 95 to State Highway 4; then east on State
Highway 4 to U.S. Highway 301; then east along a straight line from the
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
New Hanover County. The entire county.
Onslow County. The entire county.
Orange County. The portion of the county that lies south of
Interstate 85.
Pamlico County. The entire county.
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 along U.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 to the Pasquotank/Perquimans County line; then
north along the Pasquotank/Perquimans County line to the point of
beginning.
Pender County. The entire county.
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 State Road 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 State Road 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 Albemarle Sound; 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.
Pitt County. The entire county.
Polk County. The entire county.
Randolph County. That portion of the county lying south of the line
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64;
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
Richmond County. The entire county.
Robeson County. The entire county.
Sampson County. The entire county.
Scotland County. The entire county.
Stanly County. The entire county.
Tyrrell County. The entire county.
Union County. The entire county.
Wake County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wilson County. The entire county.
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Oklahoma
Bryan County. The entire county.
Carter County. The entire county.
Choctaw County. The entire county.
Comanche County. The entire county.
Johnston County. The entire county.
Love County. The entire county.
Marshall County. The entire county.
McCurtain County. The entire county.
Puerto Rico
The entire State.
South Carolina
Abbeville County. The entire county.
Aiken County. The entire county.
Allendale County. The entire county.
Anderson County. The entire county.
Bamberg County. The entire county.
Barnwell County. The entire county.
Beaufort County. The entire county.
Berkeley County. The entire county.
Calhoun County. The entire county.
Charleston County. The entire county.
Cherokee County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Cherokee County line
and State Secondary Highway 36; then northeast on State Secondary
Highway 36 to the South Carolina/North Carolina State line; then east
along the State line to the Cherokee/York County line; then south along
the Cherokee/York County line to the Cherokee/Union County line; then
northwest on the Cherokee/Union County line to the point of beginning.
Chester County. The entire county.
Chesterfield County. The entire county.
Clarendon County. The entire county.
Colleton County. The entire county.
Darlington County. The entire county.
Dillon County. The entire county.
Dorchester County. The entire county.
Edgefield County. The entire county.
Fairfield County. The entire county.
Florence County. The entire county.
Georgetown County. The entire county.
Greenwood County. The entire county.
Greenville County. That portion of the county bordered by a line
beginning at the intersection of the Greenville/Spartanburg County line
and State Secondary Highway 277; then northwest on State Secondary
Highway 277 to State Secondary Highway 560; then east on State Highway
11 to the unpaved county road--then north on the unpaved county road to
secondary system road--unpaved 118; then northeast on secondary system
road-unpaved 118 to the South Carolina/North Carolina State line; then
west along the South Carolina/North Carolina State line to the
Greenville/Pickens County line; then south along the Greenville/Pickens
County line to the Greenville/Laurens County line; then northeast along
the Greenville/Laurens County line to the point of beginning.
Hampton County. The entire county.
Horry County. The entire county.
Jasper County. The entire county.
Kershaw County. The entire county.
Lancaster County. The entire county.
Laurens County. The entire county.
Lee County. The entire county.
Lexington County. The entire county.
Marion County. The entire county.
Marlboro County. The entire county.
McCormick County. The entire county.
Newberry County. The entire county.
Oconee County. The entire county.
Orangeburg County. The entire county.
Pickens County. The entire county.
Richland County. The entire county.
Saluda County. The entire county.
Spartanburg County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Greenville County line
and State Secondary Highway 75; then northeast on State Secondary
Highway 75 to State Secondary Highway 127 in the town of Gramling; then
northeast on State Secondary Highway 127 to State Secondary Highway 37;
then north on State Secondary Highway 37 to State Highway 11; then east
on State Highway 11 to State Secondary Highway 943; then east on paved
county road to State Secondary Highway 42; then southeast on State
Secondary Highway 42 to State Secondary Highway 132; then northeast on
State Secondary Highway 132 to State Secondary Highway 58; then south on
State Secondary Highway 58 to State Secondary Highway 187; then east on
State Highway 11 to the Spartanburg/Cherokee County line; then south
along the Spartanburg/Cherokee County line to the Spartanburg/Laurens
County line; then north along the Spartanburg/Laurens County line to the
point of beginning.
Sumter County. The entire county.
Union County. The entire county.
Williamsburg County. The entire county.
York County. The entire county.
Tennessee
Bedford County. That portion of the county lying south of a line
beginning at the intersection of the Marshall/Bedford County line and
Tennessee Highway 270; then southeast on Tennessee Highway 270 to Halls
Mill Road; then south on Halls Mill Road to Wheel Road; then southwest
on Wheel Road to Lower Halls Mill Road; then southeast on Lower Halls
Mill Road to Pass Road; then south on Pass Road to Simms Road; then east
on Simms Road to Henslee Road; then south on Henslee Road to Tennessee
Highway 64; then east on Tennessee Highway 64 to Knob Creek Road; then
southeast on Knob Creek Road to Tennessee Highway 269; then south on
Tennessee Highway 269 to Red Hill Road; then east on Red Hill Road to
C.K.
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Troxler Road; then northeast on C.K. Troxler Road to the Bedford/Coffee
County line; also, the entire city limits of Shelbyville, TN.
Benton County. That portion of the county lying south of a line
beginning at the intersection of the Carroll/Benton County line and
Smothers-Buena Vista Road; then east on Smothers-Buena Vista Road to
Pleasant Hill Church Road; then northwest on Pleasant Hill Church Road
to Norwood Road; then northeast on Norwood Road to Divider and Natchez
Trace Road; then northeast on Divider and Natchez Trace Road to Hargrove
Road; then southeast on Hargrove Road to James Walker Road; then
northeast on James Walker Road to Dodd Road; then north on Dodd Road to
Divider and Natchez Trace Road; then north on Divider and Natchez Trace
Road to Airport Road; then east on Airport Road to U.S. Highway 641;
then south on U.S. Highway 641 to Shiloh Church Road; then northeast on
Shiloh Church Road to Tennessee Highway 191; then northwest on Tennessee
Highway 191 to the line of latitude 36[deg] N.; then east along the line
of latitude 36[deg] N. to the Benton/Humphreys County line.
Bledsoe County. That portion of the county lying south of a line
beginning at the intersection of the Van Buren/Bledsoe County line and
Tennessee Highway 285; then southeast on Tennessee Highway 285 to
Bellview Road; then northeast on Bellview Road to Big Spring Gap Road;
then southeast on Big Spring Gap Road to Old State Highway 28; then
northeast on Old State Highway 28 to the Bledsoe/Cumberland County line.
Blount County. That portion of the county lying south of a line
beginning at the intersection of the Knox/Blount County line and
Interstate 140; then southeast on Interstate 140 to U.S. Highway 129;
then south on U.S. Highway 129 to U.S. Highway 321; then east on U.S.
Highway 321 to Montvale Road; then south on Montvale Road to Happy
Valley Road; then southeast on Happy Valley Road to Foothills Parkway;
then southwest on Foothills Parkway to U.S. Highway 129; then southeast
on U.S. Highway 129 to the Tennessee/North Carolina State line.
Bradley County. The entire county.
Carroll County. That portion of the county lying southeast of a line
beginning at the intersection of the Henderson/Carroll County line and
New Bethel Road; then northwest on New Bethel Road to U.S. Highway 70;
then northeast on U.S. Highway 70 to Purdy Road; then south on Purdy
Road to Dollar Hill Road; then east on Dollar Hill Road to Tennessee
Highway 22; then south on Tennessee Highway 22 to Clarksburg Road; then
northeast on Clarksburg Road to Westport Road; then east on Westport
Road to Tennessee Highway 114; then north on Tennessee Highway 114 to
McKee Levee Road; then east on McKee Levee Road to Pond Branch Road;
then north on Pond Branch Road to New Friendship Road; then east on New
Friendship Road to Roland Mill Road; then southeast on Roland Mill Road
to the Carroll/Benton County line.
Chester County. The entire county.
Coffee County. That portion of the county lying south of a line
beginning at the intersection of the Bedford/Coffee County line and
Sixteenth Model Road; then east on Sixteenth Model Road to U.S. Highway
41; then northwest on U.S. Highway 41 to Interstate 24; then southeast
on Interstate 24 to Tennessee Highway 55; then northeast on Tennessee
Highway 55 to Ragsdale Road; then south on Ragsdale Road to New Bushy
Branch Road; then southeast on New Bushy Branch Road to Cornelison Road;
then east on Cornelison Road to Clifton Scott Road; then south on
Clifton Scott Road to Asbury Road; then east on Asbury Road to Benson
Road; then southeast on Benson Road to Buck Jones Road; then south on
Buck Jones Road to Old Airport Road; then southwest on Old Airport Road
to U.S. Highway 41; then southeast on U.S. Highway 41 to Bailey Road;
then east on Bailey Road to Lusk Cove Road; then northeast on Lusk Cove
Road to the line of latitude 35[deg]25[min] N.; then east along the line
of latitude 35[deg]25[min] N. to the Coffee/Grundy County line.
Cumberland County. That portion of the county lying southeast of a
line beginning at the intersection of the Rhea/Cumberland County line
and the line of longitude 84[deg]50[min] W.; then north along the line
of longitude 84[deg]50[min] W. to Interstate 40; then east on Interstate
40 to the Cumberland/Roane County line.
Decatur County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Giles County. The entire county.
Grundy County. That portion of the county lying south of a line
beginning at the intersection of the Coffee/Grundy County line and the
line of latitude 35[deg]20[min] N.; then east along the line of latitude
35[deg]20[min] N. to Homer White Road; then north on Homer White Road to
Tennessee Highway 50; then northeast on Tennessee Highway 50 to
Tennessee Highway 56; then south on Tennessee Highway 56 to Colony Road;
then east on Colony Road to Gruetli Road; then north on Gruetli Road to
the line of latitude 35[deg]25[min] N.; then east along the line of
latitude 35[deg]25[min] N. to Tennessee Highway 399; then northeast on
Tennessee Highway 399 to the Grundy/Sequatchie County line.
Hamilton County. The entire county.
Hardeman County. The entire county.
Hardin County. The entire county.
Haywood County. That portion of the county lying south of a line
beginning at the intersection of the Tipton/Haywood County line and U.S.
Highway 70/79; then northeast on U.S. Highway 70/79 to the Hatchie
River;
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then east along the Hatchie River to Interstate 40; then northeast on
Interstate 40 to the Haywood/Madison County line.
Henderson County. The entire county.
Hickman County. That portion of the county lying south of a line
beginning at the intersection of the Perry/Hickman County line and the
Duck River; then east along the Duck River to Tennessee Highway 50; then
northwest on Tennessee Highway 50 to Coble to Only Road; then southeast
on Coble to Only Road to Lowes Bend Road; then northeast on Lowes Bend
Road to Capshaw Hollow Road; then east on Capshaw Hollow Road to
Taylor's Creek Road; then northeast on Taylor's Creek Road to Dodd
Hollow Road; then southeast on Dodd Hollow Road to Elkins Switch Road;
then southeast on Elkins Switch Road to Grinders Switch Road; then south
on Grinders Switch Road to Tennessee Highway 50; then southeast on
Tennessee Highway 50 to the Hickman/Maury County line.
Humphreys County. That portion of the county lying south of
Interstate 40.
Lawrence County. The entire county.
Lewis County. The entire county.
Lincoln County. The entire county.
Loudon County. That portion of the county lying south of a line
beginning at the intersection of the Roane/Loudon County line and the
Tennessee River; then east along the Tennessee River to the Fort Loudon
Dam (U.S. Highway 321); then northwest on U.S. Highway 321 to Martel
Road; then northeast on Martel Road to the Loudon/Knox County line.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. That portion of the county lying south of a line
beginning at the intersection of the Maury/Marshall County line and
Moses Road; then northeast on Moses Road to Wilson School Road; then
southeast on Wilson School Road to Lunns Store Road; then south on Lunns
Store Road to Tennessee Highway 99; then east on Tennessee Highway 99 to
U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road;
then south on James Shaw Road to Clay Hill Road; then east on Clay Hill
Road to Warner Road; then south on Warner Road to Batten Road; then
southeast on Batten Road to the Marshall/Bedford County line.
Maury County. That portion of the county lying south of Tennessee
Highway 50.
McMinn County. The entire county.
McNairy County. The entire county.
Meigs County. The entire county.
Monroe County. The entire county.
Moore County. The entire county.
Perry County. The entire county.
Polk County. The entire county.
Rhea County. The entire county.
Roane County. That portion of the county lying south of Interstate
40.
Sequatchie County. That portion of the county lying south of the
line of latitude 35[deg]30[min] N.
Shelby County. The entire county.
Wayne County. The entire county.
Texas
Anderson County. The entire county.
Angelina County. The entire county.
Aransas County. The entire county.
Atascosa County. The entire county.
Austin County. The entire county.
Bandera County. The entire county.
Bastrop County. The entire county.
Bee County. The entire county.
Bell County. The entire county.
Bexar County. The entire county.
Blanco County. The entire county.
Bosque County. The entire county.
Bowie County. The entire county.
Brazoria County. The entire county.
Brazos County. The entire county.
Brooks County. The entire county.
Brown County. The entire county.
Burleson County. The entire county.
Burnet County. The entire county.
Caldwell County. The entire county.
Calhoun County. The entire county.
Cameron County. The entire county.
Camp County. The entire county.
Cass County. The entire county.
Chambers County. The entire county.
Cherokee County. The entire county.
Collin County. The entire county.
Colorado County. The entire county.
Comal County. The entire county.
Comanche County. The entire county.
Cooke County. The entire county.
Coryell County. The entire county.
Dallas County. The entire county.
Delta County. The entire county.
Denton County. The entire county.
De Witt County. The entire county.
Dimmit County. The entire county.
Duval County. The entire county.
Eastland County. The entire county.
Ector County. The entire county.
Edwards County. The entire county.
Ellis County. The entire county.
Erath County. The entire county.
Falls County. The entire county.
Fannin County. The entire county.
Fayette County. The entire county.
Fort Bend County. The entire county.
Franklin County. The entire county.
Freestone County. The entire county.
Frio County. The entire county.
Galveston County. The entire county.
Gillespie County. The entire county.
Goliad County. The entire county.
Gonzales County. The entire county.
Grayson County. The entire county.
Gregg County. The entire county.
Grimes County. The entire county.
Guadalupe County. The entire county.
Hamilton County. The entire county.
Hardin County. The entire county.
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Harris County. The entire county.
Harrison County. The entire county.
Hays County. The entire county.
Henderson County. The entire county.
Hidalgo County. The entire county.
Hill County. The entire county.
Hood County. The entire county.
Hopkins County. The entire county.
Houston County. The entire county.
Hunt County. The entire county.
Jack County. The entire county.
Jackson County. The entire county.
Jasper County. The entire county.
Jefferson County. The entire county.
Jim Wells County. The entire county.
Johnson County. The entire county.
Jones County. The entire county.
Karnes County. The entire county.
Kaufman County. The entire county.
Kendall County. The entire county.
Kenedy County. The entire county.
Kerr County. The entire county.
Kimble County. The entire county.
Kinney County. The entire county.
Kleberg County. The entire county.
La Salle County. The entire county.
Lamar County. The entire county.
Lampasas County. The entire county.
Lavaca County. The entire county.
Lee County. The entire county.
Leon County. The entire county.
Liberty County. The entire county.
Limestone County. The entire county.
Live Oak County. The entire county.
Llano County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Mason County. The entire county.
Matagorda County. The entire county.
Maverick County. The entire county.
McCulloch County. The entire county.
McLennan County. The entire county.
McMullen County. The entire county.
Medina County. The entire county.
Midland County. The entire county.
Milam County. The entire county.
Montague County. The entire county.
Montgomery County. The entire county.
Morris County. The entire county.
Nacogdoches County. The entire county.
Navarro County. The entire county.
Newton County. The entire county.
Nueces County. The entire county.
Orange County. The entire county.
Palo Pinto County. The entire county.
Panola County. The entire county.
Parker County. The entire county.
Polk County. The entire county.
Rains County. The entire county.
Real County. The entire county.
Red River County. The entire county.
Refugio County. The entire county.
Robertson County. The entire county.
Rockwall County. The entire county.
Rusk County. The entire county.
Sabine County. The entire county.
San Augustine County. The entire county.
San Jacinto County. The entire county.
San Patricio County. The entire county.
San Saba County. The entire county.
Shelby County. The entire county.
Smith County. The entire county.
Somervell County. The entire county.
Stephens County. The entire county.
Tarrant County. The entire county.
Taylor County. The entire county.
Titus County. The entire county.
Tom Green County. The entire county.
Travis County. The entire county.
Trinity County. The entire county.
Tyler County. The entire county.
Upshur County. The entire county.
Uvalde County. The entire county.
Val Verde County. The entire county.
Van Zandt County. The entire county.
Victoria County. The entire county.
Walker County. The entire county.
Waller County. The entire county.
Washington County. The entire county.
Webb County. The entire county.
Wharton County. The entire county.
Wichita County. The entire county.
Willacy County. The entire county.
Williamson County. The entire county.
Wilson County. The entire county.
Wise County. The entire county.
Wood County. The entire county.
Young County. The entire county.
Zavala County. The entire county.
[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; 67 FR 1069,
Jan. 9, 2002; 68 FR 5795, Feb. 5, 2003; 69 FR 23416, Apr. 29, 2004; 70
FR 45524, Aug. 8, 2005]
Sec. 301.81-4 Interstate movement of regulated articles from quarantined
areas.
(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:
(1) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.81-5 and 301.81-9 of this subpart;
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the quarantined area from
an area that is not quarantined;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
[[Page 107]]
(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 this subpart (``III. Regulatory
Procedures''), while in or moving through any quarantined area; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity; or
(3) Without a certificate or limited permit provided the regulated
article is a soil sample being moved to a laboratory approved by the
Administrator \3\ to process, test, or analyze soil samples.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(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 part 305 of this chapter.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59
FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7,
2005]
Sec. 301.81-5 Issuance of a certificate or limited permit.
(a) An inspector \4\ 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:
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
(1) Is eligible for unrestricted movement under all other applicable
Federal domestic plant quarantines and regulations;
(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; \5\
and
---------------------------------------------------------------------------
\5\ 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).
---------------------------------------------------------------------------
(3)(i) Is free of an imported fire ant infestation, based on his or
her visual examination of the article;
(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
(iii) Has been treated in accordance with methods and procedures
prescribed in the Appendix to this subpart (``III. Regulatory
Procedures'').
(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:
(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
[[Page 108]]
the spread of the imported fire ant because the imported fire ant will
be destroyed by the specified handling, utilization, or processing;
(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
(3) Is eligible for interstate movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates to a person
operating under a compliance agreement (in accordance with Sec. 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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[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]
Sec. 301.81-6 Compliance agreements.
Persons who grow, handle, or move regulated articles interstate may
enter into a compliance agreement \6\ 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.
---------------------------------------------------------------------------
\6\ 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.
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.81-7 Cancellation of a certificate, limited permit, or
compliance agreement.
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.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-8 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \7\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\7\ See footnote 4 to Sec. 301.81-5(a).
---------------------------------------------------------------------------
[[Page 109]]
(b) The regulated articles must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
---------------------------------------------------------------------------
subpart.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-9 Attachment and disposition of certificates and limited
permits.
(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:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(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
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-10 Costs and charges.
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.
Appendix to Subpart--Imported Fire Ant
III. Regulatory Procedures
A. Instructions to Inspectors. 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.
If there are questions concerning a particular treatment, contact
your supervisor.
B. Authorized Chemicals. The following chemicals are authorized for
the treatment of regulated articles under the IFA quarantine:
Insecticides
Bifenthrin (Talstar [reg])
Chlorpyrifos (Dursban [reg])
Diazinon
Fenoxycarb (AWARD [reg])
Fipronil (Chipco [reg])
Hydramethylnon (AMDRO [reg])
Methoprene (Extinguish [reg])
Pyriproxyfen (Distance [reg])
Tefluthrin (FIREBAN [reg])
C. Approved Treatments.
1. Equipment--Used Soil-Moving
Methods: Used soil-moving equipment is eligible for movement when an
inspector determines that one of the following procedures has been done:
a. It has been brushed free of noncompacted soil;
b. It has been washed free of noncompacted soil; or
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.
Certification Period: As long as kept free of noncompacted soil.
Limitations: 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.
Precaution: Steam may remove loose paint and usually is not
recommended for use on equipment with conveyor belts and rubber parts.
2. Hay and Straw
Baled hay and straw stored in direct contact with the ground is
ineligible for movement.
3. Plants--Balled or in Containers
a. Emulsifiable chlorpyrifos.
Material: Emulsifiable chlorpyrifos--Immersion and drench treatments
(post-harvest): any Environmental Protection Agency (EPA) registered
formulation is acceptable.
Dosage:
------------------------------------------------------------------------
Amount of formulation to make 100
Chlorpyrifos formulation gallons of treating solution
------------------------------------------------------------------------
1 EC.............................. 16 fl. oz. (472 ml).
[[Page 110]]
2 EC.............................. 8 fl. oz. (236 ml).
4 EC.............................. 4 fl. oz. (118 ml).
------------------------------------------------------------------------
Exposure Period: Plants can be certified immediately upon completion
of treatment
Certification Period: 30 days.
Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos.
b. Bifenthrin.
(i) Bifenthrin: Drench and Topical Applications.
Material: Bifenthrin--drench of containerized nursery stock or
topical application to 3- or 4-quart containerized nursery stock
followed by irrigation with water.
Dosage: 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.
Exposure period: Containerized nursery stock can be certified
immediately upon completion of the treatment.
Certification period: 180 days.
(ii) Bifenthrin: Granular Formulation
Material: Granular bifenthrin--incorporation into soil or potting
media for containerized nursery stock.
Dosage: 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.
------------------------------------------------------------------------
Granular Bifenthrin Dosage (parts per Certification Period (months
million) after treatment)
------------------------------------------------------------------------
10 ppm.................................. 0-6 months.
12 ppm.................................. 0-12 months.
15 ppm.................................. 0-24 months.
25 ppm.................................. Continuous.
------------------------------------------------------------------------
Exposure Period: Containerized nursery stock can be certified
immediately upon completion of the treatment.
c. Tefluthrin: Granular Formulation.
Material: Granular tefluthrin--incorporation into soil or potting
media for containerized nursery stock.
Dosage: 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.
------------------------------------------------------------------------
Granular tefluthrin dosage (parts per Certification period (months
million) after treatment)
------------------------------------------------------------------------
10 ppm.................................. 0-18 months.
25 ppm.................................. Continuous.
------------------------------------------------------------------------
Exposure period: Containerized nursery stock can be certified for
interstate movement from quarantined areas immediately upon completion
of the treatment.
d. Fipronil: Granular Formulation.
Material: Granular fipronil incorporation into soil or potting media
for containerized nursery stock.
Dosage: The amount of granular fipronil 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
fipronil needed to achieve a specified dosage.
------------------------------------------------------------------------
Granular fipronil dosage (parts per Certification period
million) (months after treatment)
------------------------------------------------------------------------
10 ppm.................................... 0-6 months.
12 ppm.................................... 0-12 months.
15 ppm.................................... 0-24 months.
25 ppm.................................... Continuous.
------------------------------------------------------------------------
Exposure Period: Containerized nursery stock can be certified for
interstate movement from quarantined areas 2 weeks after completion of
treatment.
e. General requirements for emulsifiable chlorpyrifos, bifenthrin,
tefluthrin, or fipronil.
Conditions and Type of Soil: Any friable soil may be treated.
Method A--Immersion
Equipment
1. A watertight container for mixing the treating solutions.
2. Open-top, watertight container sufficiently large to accommodate
the treating solution and plants.
Procedure: 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.
Thorough saturation of the plant balls or containers with the
insecticide solution is essential.
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.
Precautions: 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.
[[Page 111]]
Method B--Drench
Equipment
1. A large-capacity bulk mixing tank, either pressurized or gravity-
flow for mixing and holding the insecticide solution.
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.
Procedure
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.
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
[reg], Tronic [reg], Tecowet [reg],
etc., to the chlorpyrifos solution at the labeled rate (usually \1/2\
pint per 100 gallons of water).
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 \1/5\ (20%) of the volume of the
container.
Precautions: Thorough saturation of the plant balls or containers
with the insecticide solution is essential. 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.
Method C--Topical Application
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.
Irrigate all treated containers with 1.5 inches of water following
application.
Precautions: 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.
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.
Method D--Granular Incorporation (Bifenthrin)
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.
Precautions: 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.
Method E--Granular Incorporation (Tefluthrin)
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.
Precautions: 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.
Method F--Granular Incorporation (Fipronil)
Apply fipronil 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.
Precautions: Saturation of the soil or potting media with the
granular fipronil is essential. Water that drains from the treatment
area, which may contain fipronil, must be disposed of in accordance with
State and local laws.
4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only
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.
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.
Detection
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.
Nurseries participating in this program will be inspected by Federal
or State inspectors at least twice per year. More frequent
[[Page 112]]
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.
Control
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
[reg]), fenoxycarb (AWARD [reg]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
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.
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.
Exclusion
Bifenthrin
For plants grown on the premises: Treatment of potting media with
granular, 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.
Apply this treatment according to the label instructions.
Mixing must be adequate to blend the required dosage of pesticide
throughout the entire potting soil mixture.
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:
(a) Obtained from nurseries free of imported fire ant that are
certified under a compliance agreement; or
(b) Treated with bifenthrin drench upon delivery in accordance with
this appendix (III.C.3.b), and within 180 days be either:
(1) Repotted in treated potting soil media,
(2) Retreated with bifenthrin drench, immersion, or topical
application (III.C.3.b) at 180-day intervals, or
(3) Shipped.
Tefluthrin
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.
Apply this treatment according to the label directions.
Mixing must be adequate to blend the required dosage of granular
tefluthrin throughout the entire soil or potting media.
Fipronil
For plants grown on the premises: Treatment of soil or potting media
with granular fipronil prior to planting is permitted as an alternative
to treatment with granular formulations of bifenthrin or tefluthrin.
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 fipronil.
Apply this treatment according to the label directions.
Mixing must be adequate to blend the required dosage of granular
fipronil throughout the entire soil or potting media.
Enforcement
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.
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
[[Page 113]]
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.''
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.
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.
Violations of the quarantine shall be investigated by Federal or
State inspectors and appropriate penalties will be assessed to
discourage further violations.
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,
tefluthrin, or fipronil 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.
Certification Period: Continuous as long as all provisions of the
imported-fire-ant-free nursery program are followed.
5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)
Material: Chlorpyrifos used in combination with fenoxycarb (AWARD
[reg]), hydramethylnon (AMDRO [reg]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
fire ant bait.
Dosage: Fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) at 1.0-1.5 lb (0.45-0.68 kg)
bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg) a.i./acre.
Method: Apply fenoxycarb (AWARD [reg]), hydramethylnon
(AMDRO [reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg]), hydramethylnon (AMDRO
[reg]), or pyriproxyfen (Distance [reg])
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.
Exposure Period: 30 days. Plants can be certified 30 days after
treatment.
Certification Period: 12 weeks.
Special Information: This in-field treatment is based on a
sequential application of fenoxycarb (AWARD [reg]),
hydramethylnon (AMDRO [reg]), pyriproxyfen (Distance
[reg]), or methoprene (Extinguish [reg]) 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 [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]), is capable of providing a
residual barrier against reinfestation by new queens. Therefore, the
fenoxycarb (AWARD [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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.
6. Blueberries and Other Fruit and Nut Nursery Stocks
Certain States have special local need labeling in accordance with
section 24(c) of FIFRA for D-z-n [reg] Diazinon AG-500 and D-
z-n [reg] Diazinon 50W, which APHIS will recognize as a
regulatory treatment for containerized nonbearing blueberries and fruit
and nut plants. Follow label directions for use.
[[Page 114]]
7. Plants--Greenhouse Grown
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.
8. Grass--Sod
Material
a. Chlorpyrifos.
------------------------------------------------------------------------
Amount and dosage
Material of material Certification period
------------------------------------------------------------------------
Chlorpyrifos.................. 8.0 lb (3.6 kg) 6 weeks (after
a.i./acre. exposure period has
been completed).
------------------------------------------------------------------------
Exposure Period: 48 hours.
Method
1. Apply a single broadcast application of chlorpyrifos with ground
equipment.
2. Immediately after treatment, water the treated areas with at
least \1/2\ inch of water.
Chlorpyrifos wettable powder Dursban [reg] 50-WP: Follow
label directions for regulatory treatment for IFA.
b. Fipronil.
------------------------------------------------------------------------
Amount and dosage
Material of material Certification period
------------------------------------------------------------------------
Fipronil...................... Dosage per 20 weeks (after
application: exposure period has
0.0125 lb been completed).
(0.00567 kg)
a.i./acre.
Total amount over
two
applications:
0.025 lb
(0.01134 kg)
a.i./acre.
------------------------------------------------------------------------
Exposure Period: 30 days from the second application.
Method
1. Apply in two applications approximately 1 week apart for a total
of 0.025 lb (0.01134 kg) a.i./acre.
2. Follow label directions for regulatory treatment for IFA.
9. Soil--Bulk
Method: 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.
Temperature: 150 [deg]F (65.5 [deg]C).
Certification Period: As long as protected from recontamination.
10. Soil Samples
Soil samples are eligible for movement when heated or frozen as
follows:
Heat
Method: Soil samples are heated either by dry heat or steam heat.
All parts of the mass must be brought to the required temperature.
Temperature: 150 [deg]F (65.5 [deg]C).
Certification Period: As long as protected from recontamination.
Cold
Method: 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.
Temperature: -10[deg] to -20 [deg]F (-23[deg] to -29 [deg]C) for at
least 24 hours.
Certification Period: As long as protected from recontamination.
D. Mitigative Measures. 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.
1. All applicable Federal, State, and local environmental laws and
regulations must be followed.
2. Safety equipment and clothing, as specified by the label
instructions, must be used and worn during treatments and during
inspections.
3. Safety practices shall be communicated, and regulated
establishment managers must require that on-the-job safety practices be
followed.
[[Page 115]]
4. All pesticides must be applied, handled, stored, and used in
accordance with label instructions.
5. Empty pesticide containers must be disposed of in accordance with
Federal and State regulations.
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.
7. Oral or written warning must be provided to workers and the
general public, indicating pesticide application areas during
application and appropriate reentry periods.
8. Owners/managers of regulated properties must take precautions to
limit access by the public, livestock, and wildlife to treated areas.
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.
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.
[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; 67 FR 58685, Sept. 18,
2002; 68 FR 59308, Oct. 15, 2003]
Subpart--Unshu Oranges [Reserved]
Subpart_Golden Nematode
Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.
Quarantine and Regulations
Sec. 301.85 Quarantine; restriction on interstate movement of specified
regulated articles.
(a) Notice of quarantine. 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 (Globodera
rostochiensis), 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.
(b) Quarantine restrictions on interstate movement of specified
regulated articles. No common carrier or other person shall move
interstate from any quarantined State any of the following articles
(defined in Sec. 301.85-1 as regulated articles), except in accordance
with the conditions prescribed in this subpart:
(1) Soil, compost, humus, muck, peat, and decomposed manure,
separately or with other things.
(2) Plants with roots, except soil-free aquatic plants.
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
(6) Irish potatoes included within any one or more of the following
paragraph (b)(6)(i), (ii), or (iii) of this section:
(i) Irish potatoes for seed; and
(ii) Irish potatoes unless--
(A) Each is at least 1\1/2\ inches in diameter based on measurement
by a sizing screen or sizing chain, each is substantially free of soil
as a result of grading (a method of removing soil mechanically) under a
compliance agreement in accordance with Sec. 301.85-5(b), and they are
moved in an approved container; or
(B) Each is substantially free of soil as a result of washing or
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
(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)(iii) (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
[[Page 116]]
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:
(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 [deg]C to 29 [deg]C
(38 [deg]F to 84 [deg]F).
(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 [deg]C to 29 [deg]C (40 [deg]F to 84 [deg]F).
(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 [deg]C to 32 [deg]C (40 [deg]F to 90
[deg]F).
(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 [deg]C
to 32 [deg]C (40 [deg]F to 90 [deg]F).
(7) Root crops other than Irish potatoes.
(8) Small grains and soybeans.
(9) Hay, straw, fodder, and plant litter, of any kind.
(10) Ear corn, except shucked ear corn.
(11) Used crates, boxes, and burlap bags, and other used farm
products containers.
(12) Used farm tools.
(13) Used mechanized cultivating equipment and used harvesting
equipment.
(14) Used mechanized soil-moving equipment.
(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.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982;
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, Apr.
20, 2004]
Sec. 301.85-1 Definitions.
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:
Certificate. 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.
Compliance agreement. 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.
Deputy Administrator. 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.
[[Page 117]]
Farm tools. An instrument worked or used by hand, e.g., hoes, rakes,
shovels, axes, hammers, and saws.
Generally infested area. Any part of a regulated area not designated
as a suppressive area in accordance with Sec. 301.85-2.
Golden nematode. The nematode known as the golden nematode
(Globodera rostochiensis), in any stage of development.
Infestation. The presence of the golden nematode or the existence of
circumstances that make it reasonable to believe that the golden
nematode is present.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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.
Mechanized cultivating equipment; and mechanized harvesting
equipment. 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.
Mechanized soil-moving equipment. Equipment used for moving or
transporting soil, e.g., draglines, bulldozers, dump trucks, road
scrapers, etc.
Moved (movement, move). 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.
Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
Plant Protection and Quarantine Programs. 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.
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in Sec. 301-85-2a, or otherwise designated
as a regulated area in accordance with Sec. 301.85-2(b).
Regulated article. Any articles as described in Sec. 301.85(b).
Restricted destination permit. 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.
Scientific permit. A document issued by the Deputy Administrator to
allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
Soil. That part of the upper layer of earth in which plants can
grow.
State. Any State, territory, or district of the United States,
including Puerto Rico.
Suppressive area. That portion of a regulated area where eradication
of infestation is undertaken as an objective, as designated under Sec.
301.85-2(a).
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982;
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June
7, 2005]
Sec. 301.85-2 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.
(a) Regulated areas and suppressive or generally infested areas. The
Deputy Administrator shall list as regulated areas, in a supplemental
regulation designated as Sec. 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,
[[Page 118]]
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 Sec. 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:
(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
(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.
(b) Temporary designation of regulated areas and suppressive or
generally infested areas. 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 Sec. 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.
(c) Termination of designation as a regulated area and a suppressive
or generally infested area. 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.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may, in a supplemental regulation
designated as Sec. 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 or she
may prescribe, if he or she 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.
[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]
Sec. 301.85-2a Regulated areas; suppressive and generally infested areas.
The civil divisions and parts of civil divisions described below are
designated as golden nematode 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:
New York
(1) Generally infested area:
Cayuga County. (A) The Town of Montezuma;
(B) That portion of land within the Town of Mentz owned or operated
by Martens Farm which lies in an area bounded as follows: Beginning at
the intersection of Tow Path Road and Maiden Lane; then west along Tow
Path Road to its intersection with the Town of Mentz boundary; then
north along the Town of Mentz boundary to its intersection with Maiden
Lane; then east along Maiden Lane to the point of beginning.
Genesee County. The towns of Elba and Byron.
Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland,
Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.
Nassau County. The entire county.
Orleans County. The towns of Barre and Clarendon.
Seneca County. The town of Tyre.
Steuben County. (A) The towns of Prattsburg and Wheeler;
(B) That area known as ``Arkport Muck'' located in the town of
Dansville and bounded
[[Page 119]]
by a line beginning at a point where the Conrail right-of-way (Erie
Lackawanna Railroad) 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 Railroad), then north and northwest along the Conrail right-
of-way to the point of beginning;
(C) 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); and
(D) The property located in the town of Fremont that is bounded as
follows: Beginning at a point on Babcock Road that intersects a farm
road marked by latitude/longitude coordinates 42[deg]26[min]12.5[sec], -
77[deg]34[min]30.4[sec]; then west along the farm road to coordinates
42[deg]26[min]12.2[sec], -77[deg]34[min]41.0[sec]; then south to
coordinates 42[deg]26[min]09.6[sec], -77[deg]34[min]40.9[sec]; then west
to coordinates 42[deg]26[min]09.4[sec], -77[deg]34[min]50.7[sec]; then
south to coordinates 42[deg]26[min]00.7[sec], -77[deg]34[min]50.3[sec];
then east to coordinates 42[deg]25[min]59.9[sec], -
77[deg]34[min]40.4[sec]; then south to coordinates
42[deg]25[min]54.7[sec], -77[deg]34[min]40.0[sec]; then east to
coordinates 42[deg]25[min]56.3[sec], -77[deg]34[min]37.7[sec]; then
north to coordinates 42[deg]25[min]58.9[sec], -77[deg]34[min]35.0[sec];
then east to coordinates 42[deg]25[min]58.9[sec], -
77[deg]34[min]34.1[sec]; then north to coordinates
42[deg]26[min]05.8[sec], -77[deg]34[min]32.5[sec]; then east to
coordinates 42[deg]26[min]05.7[sec], -77[deg]34[min]29.9[sec]; then
north to the point of beginning at coordinates 42[deg]26[min]12.5[sec],
-77[deg]34[min]30.4[sec].
Suffolk County. The entire county.
Wayne County. The town of Savannah.
(2) Suppressive area: None.
[51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69
FR 64640, Nov. 8, 2004]
Sec. 301.85-2b Exempted articles. \1\
---------------------------------------------------------------------------
\1\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines and other provisions of this
subpart.
---------------------------------------------------------------------------
(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:
(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.
(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.
(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.
(4) Used farm tools, if cleaned free of soil.
(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: Provided, 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:
(1) Root crops (other than Irish potatoes and sugar beets), if moved
in approved containers.
(2) Hay, straw, fodder, and plant litter, if moved in approved
containers.
(c) Containers of the following types are approved for the purposes
of this section:
(1) New paper bags; and consumer packages of any material except
cloth or burlap.
(2) Crates, pallet boxes, trucks, and boxcars, if free of soil.
[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982; 67
FR 8465, Feb. 25, 2002]
Sec. 301.85-3 Conditions governing the interstate movement of regulated
articles from quarantined States. \2\
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(a) Any regulated articles except soil samples for processing,
testing, or analysis may be moved interstate from
[[Page 120]]
any quarantined State under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Sec. Sec. 301.85-4 and 301.85-7 if moved:
(i) From any generally infested area or any suppressive area into or
through any point outside of the regulated areas; or
(ii) From any generally infested area into or through any
suppressive area; or
(iii) Between any noncontiguous suppressive areas; or
(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
(v) Through or reshipped from any regulated area when such movement
is not authorized under paragraph (a)(2)(v) of this section; or
(2) From any regulated area, without certificate or permit if moved:
(i) Under the provisions of Sec. 301.85-2b which exempts certain
articles from certificate and permit requirements; or
(ii) From a generally infested area to a contiguous generally
infested area; or
(iii) From a suppressive area to a contiguous generally infested
area; or
(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
(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
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(a) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.85-2b; or
(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.
(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 \3\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \4\ 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 Sec. Sec.
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.
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\3\ 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.
\4\ For list of approved laboratories, see PP 639 (37 FR 7813,
15525, and amendments thereof).
[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]
Sec. 301.85-4 Issuance and cancellation of certificates and permits.
(a) Certificates may be issued for any regulated articles (except
soil samples for processing, testing, or analysis) by an inspector if
the inspector determines that they are eligible for certification for
movement to any destination under all Federal domestic plant quarantines
applicable to such articles and:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Have been treated to destroy infestation in accordance with part
305 of this chapter; or
(3) Have been grown, produced, manufactured, stored, or handled in
such a
[[Page 121]]
manner that no infestation would be transmitted thereby.
(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 part 305
of this chapter, 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.
(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.
(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.
(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 part 305 of this chapter, 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.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he or
she 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 or her views thereon.
[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]
Sec. 301.85-5 Compliance agreement and cancellation thereof.
(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.
(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
[[Page 122]]
the judgment of the inspector supervising enforcement of the quarantine
and regulations, will substantially remove the soil from the potatoes.
(c) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement whenever the inspector 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.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982;
70 FR 33268, June 7, 2005]
Sec. 301.85-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 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.
Sec. 301.85-7 Attachment and disposition of certificates and permits.
(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.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
Sec. 301.85-8 Inspection and disposal of regulated articles and pests.
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.
[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]
Sec. 301.85-9 Movement of live golden nematodes.
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.
Sec. 301.85-10 Nonliability of the Department.
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.
Subpart_Sugarcane Diseases
Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.
Quarantine and Regulations
Sec. 301.87 Quarantine; restrictions on interstate movement of specified
articles. \1, 2\
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\1\ 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).
\2\ Regulations concerning the movement of gummosis bacteria and
leaf scald bacteria in interstate or foreign commerce are contained in
part 330 of this chapter.
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(a) Notice of quarantine. 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
[[Page 123]]
Rico to prevent the artificial spread of gummosis disease and leaf scald
disease. The regulations in this subpart govern the interstate movement
from Hawaii and Puerto Rico of the regulated articles described in Sec.
301.87-2.
(b) Quarantine restrictions on interstate movement of regulated
articles. 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.
[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001]
Sec. 301.87-1 Definitions.
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:
Certificate. 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 Sec. 301.87-5(a) of this subpart.
Compliance agreement. 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.
Deputy Administrator. 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.
Gummosis disease. A dangerous plant disease of sugarcane which is
caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb)
Dowson, and which is not widely prevalent or distributed within and
throughout the United States.
Inspector. 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.
Interstate. From any State into or through any other State.
Leaf scald disease. A dangerous plant disease of sugarcane which is
caused by the highly infectious bacterium, Xanthomonas albilineans
(Ashby) Dowson, and which is not widely prevalent or distributed within
and throughout the United States.
Limited permit. 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 Sec. 301.87-5(b) of this
subpart.
Moved (movement, move). 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.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Plant Protection and Quarantine. 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.
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or
otherwise designated as a regulated area in accordance with Sec.
301.87-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.87-2(a), (b),
(c), (d), or otherwise designated as a regulated article in accordance
with Sec. 301.87-2(e).
State. Any State, Territory, or District of the United States,
including the Commonwealth of Puerto Rico.
Sugarcane disease. This means leaf scald disease with respect to
activities
[[Page 124]]
in Hawaii, and means gummosis disease or leaf scald disease with respect
to activities in Puerto Rico.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987;
66 FR 21052, Apr. 27, 2001]
Sec. 301.87-2 Regulated articles.
(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;
(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);
(c) Used sugarcane field equipment (equipment used for sugarcane
field production purposes, e.g. planters, tractors, discs, cultivators,
and vehicles);
(d) Sugarcane juice; and
(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.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
Sec. 301.87-3 Regulated areas.
(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:
(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
(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.
(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.
(c) The areas described below are designated as regulated areas;
Hawaii
All of Hawaii.
Puerto Rico.
All of Puerto Rico.
Sec. 301.87-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.\3\
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\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
Any regulated article may be moved interstate from any regulated
area in a quarantined State if moved under the following conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.87-5 and 301.87-8 of this subpart, or
[[Page 125]]
(b) Without a certificate or limited permit, if
(1) Moved directly through any regulated area, and
(2) The article originated outside of any regulated area, and
(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.
Sec. 301.87-5 Issuance and cancellation of certificates and limited
permits.
(a) A certificate shall be issued by an inspector for the movement
of a regulated article if the inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector \4\ in accordance with Sec. 301.87-10 of this subpart, or
---------------------------------------------------------------------------
\4\ Treatments shall be monitored by inspectors in order to assure
compliance with requirements in this subpart.
---------------------------------------------------------------------------
(ii) Determines based on inspection of the article and the premises
of origin that it is free from sugarcane diseases; \5\
---------------------------------------------------------------------------
\5\ The term sugarcane diseases 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.
---------------------------------------------------------------------------
(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) \6\ to prevent the spread of sugarcane
diseases; and
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines applicable to the article.
(b) A limited permit shall be issued by an inspector for the
movement of a regulated article if the inspector:
(1) Determines, in consultation with the Deputy Administrator, that
it is to be moved:
(i) For a specified purpose (such as for consumption or
manufacturing) stated on the limited permit, other than for processing
or harvesting sugarcane; and
(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;
(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) \6\ to prevent the spread of sugarcane
diseases; and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines applicable to the article.
(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 Sec. 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.
(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 withdrawn may appeal the
decision in writing to the Deputy Administrator within ten days after
receiving the written notification of the withdrawal.
[[Page 126]]
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.
[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001]
Sec. 301.87-6 Compliance agreement; cancellation.
(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. \7\
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.
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\7\ 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.)
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(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.
[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.87-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 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 \8\ to
take any necessary action under this subpart prior to movement of the
regulated article.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
(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.
[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.87-8 Attachment and disposition of certificates and limited
permits.
(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 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
[[Page 127]]
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.
(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.
Sec. 301.87-9 Costs and charges.
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.
Sec. 301.87-10 Treatments.
Treatment for regulated articles shall be as follows:
(a) Seedpieces (pieces of sugarcane, sets) or canes of sugarcane:
Presoak for 24 hours in water at room temperature and then immerse in
water at 50 [deg]C (122 [deg]F) for 3 hours.
Note: Some seedpieces or canes of sugarcane which have germinated
may be damaged by this procedure.
(b) True seed (fuzz): 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.
(c) Bagasse: Subject to dry heat at 70 [deg]C (158 [deg]F) for 2
hours.
(d) Sugarcane harvesting and processing equipment: Remove all debris
and soil from the equipment with water at high pressure (at least 300
pounds per square inch) or with steam.
(e) Sugarcane juice: Heat at 100 [deg]C (212 [deg]F) for 10 or more
minutes.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
Subpart_Karnal Bunt
Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.
Sec. 301.89-1 Definitions.
Actual price received. The net price after adjustment for any
premiums or discounts stated on the sales receipt.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Certificate. 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.
Compliance agreement. 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.
Contaminated seed. Seed from sources in which the Karnal bunt
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist
by the presence of bunted kernels or teliospores.
Contract price. The net price after adjustment for any premiums or
discounts stated in the contract.
Conveyances. Containers used to move wheat, durum wheat, or
triticale, or their products, including trucks, trailers, railroad cars,
bins, and hoppers.
Distinct definable area. 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.
Grain. Wheat, durum wheat, and triticale used for consumption or
processing.
Grain storage facility. That part of a grain handling operation or
unit or a grain handling operation, consisting or structures,
conveyances, and equipment that receive, unload, and store, grain, and
that is able to operate as an
[[Page 128]]
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.
Hay. Host crops cut and dried for feeding to livestock. Hay cut
after reaching the dough stage may contain mature kernels of the host
crop.
Host crops. Plants or plant parts, including grain, seed, or hay, of
wheat, durum wheat, and triticale.
Infestation (infected). The presence of Karnal bunt, or any
identifiable stage of development (i.e., bunted kernels in grain, bunted
kernels or teliospores in seed) of the fungus Tilletia indica (Mitra)
Mundkur, or the existence of circumstances that make it reasonable to
believe that Karnal bunt is present.
Inspector. An APHIS employee or designated cooperator/collaborator
authorized by the Administrator to enforce the provisions of this
subpart.
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
Limited permit. 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.
Mechanized cultivating equipment and mechanized harvesting
equipment. 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, grain buggies, trucks, swathers, and hay
balers.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Plant. Any plant (including any plant part) for or capable of
propagation, including a tree, a tissue culture, a plantlet culture,
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a
root, and a seed.
Seed. Wheat, durum wheat, and triticale used for propagation.
Soil. The loose surface material of the earth in which plants grow,
in most cases consisting of disintegrated rock with an admixture of
organic material.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Straw. The vegetative material left after the harvest of host crops.
Straw is generally used as animal feed, bedding, mulch, or for erosion
control.
Tilling. The turning of a minimum of the top 6 inches of soil.
[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; 69 FR 8095, Feb. 23, 2004]
Sec. 301.89-2 Regulated articles.
The following are regulated articles:
(a) Conveyances, including trucks, railroad cars, and other
containers used to move host crops produced in a regulated area that
have tested positive for Karnal bunt through the presence of bunted
kernels;
(b) Grain elevators/equipment/structures used for storing and
handling host crops produced in a regulated area that have tested
positive for Karnal bunt through the presence of bunted kernels;
(c) Seed conditioning equipment and storage/handling equipment/
structures that have been used in the production of wheat, durum wheat,
and triticale found to contain the spores of Tilletia indica;
(d) Plants or plant parts (including grain, seed, and straw) and hay
cut after reaching the dough stage of all varieties of wheat (Triticum
aestivum), durum wheat (Triticum durum), and triticale (Triticum
aestivum X Secale cereale) that are produced in a regulated area, except
for straw/stalks/seed heads for decorative purposes that have been
processed or manufactured prior to movement and are intended for use
indoors;
[[Page 129]]
(e) Tilletia indica (Mitra) Mundkur;
(f) Mechanized harvesting equipment that has been used in the
production of wheat, durum wheat, or triticale that has tested positive
for Karnal bunt through the presence of bunted kernels; and
(g) Any other product, article, or means of conveyance when:
(1) An inspector determines that it presents a risk of spreading
Karnal bunt based on appropriate testing and the intended use of the
product, article, or means of conveyance; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
[69 FR 8095, Feb. 23, 2004]
Sec. 301.89-3 Regulated areas.
(a) The Administrator will regulate each State or each portion of a
State that is infected.
(b) Less than an entire State will be listed as a regulated area
only if the Administrator:
(1)(i) Determines that the State has adopted and is enforcing
restrictions on the intrastate movement of the regulated articles listed
in Sec. 301.89-2 that are equivalent to the movement restrictions
imposed by this subpart; and
(ii) Determines that designating less than the entire State as a
regulated area will prevent the spread of Karnal bunt; or
(2) Exercises his or her extraordinary emergency authority under 7
U.S.C. 150dd.
(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:
(1) Projections of the spread of Karnal bunt along the periphery of
the infestation;
(2) The availability of natural habitats and host materials within
the noninfected acreage that are suitable for establishment and survival
of Karnal bunt; and
(3) The necessity of including uninfected acreage within the
regulated area in order to establish readily identifiable boundaries.
(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 (g) 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.
(e) The Administrator will classify a field or area as a regulated
area when:
(1) It is a field planted with seed from a lot found to contain a
bunted wheat kernel; or
(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
(3) It is a distinct definable area that contains at least one field
that has been determined to be associated with grain at a handling
facility containing a bunted kernel of a host crop (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 the field associated with the bunted kernel at the handling
facility).
(f) A field known to have been infected with Karnal bunt, as well as
any non-infected acreage surrounding the field, will be released from
regulation if:
[[Page 130]]
(1) The field is no longer being used for crop production; or
(2) Each year for a period of 5 consecutive years, the field is
subjected to any one of the following management practices (the practice
used may vary from year to year):
(i) Planted with a cultivated non-host crop;
(ii) Tilled once annually; or
(iii) Planted with a host crop that tests negative, through the
absence of bunted kernels, for Karnal bunt.
(g) 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 98, Riverdale, MD 20737-1236):
Arizona
La Paz County. Beginning at the northeast corner of sec. 19, T. 8
N., R. 20 W.; then south to the southeast corner of sec. 31, T. 7 N., R.
20 W.; then west to the northeast corner of sec. 2, T. 6 N., R. 21 W.;
then south to the southeast corner of sec. 2, T. 6 N., R. 21 W.; then
west to the southwest corner of sec. 2, 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. 6 N., R. 22 W.; then north to the
northwest corner of sec. 24, T. 7 N., R. 22 W.; then east to the
northeast corner of sec. 24, T. 7 N., R. 22 W.; then north to the point
of intersection with the Colorado River; then northeast along the
Colorado River to its intersection with the northern boundary of sec.
16, T. 8 N., R. 21 W.; then east to the northeast corner of sec. 14, T.
8 N., R. 21 W.; then south to the southeast corner of sec. 14, T. 8 N.,
R. 21 W.; then east to the point of beginning.
Maricopa County. (1) Beginning at the southeast corner of sec. 17,
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 northwest corner of sec. 14, T. 1 S., R.1 E.;
then west to the southwest corner of sec. 9, T. 1 S., R. 1 E.; then
north to the northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to
the southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to the
northwest corner of sec. 5, T. 1S., R. 1 E.; then west to the northeast
corner of sec. 6, T. 1 S., R. 1 W.; then south to the southeast corner
of sec. 7, T. 1 S., R. 1 W.; then west to the northeast corner of sec.
14, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 14, T.
1 S., R. 2 W.; then west to the northeast corner of sec. 20, T. 1 S., R.
2 W.; then south to the southeast corner of sec. 20, T. 1 S., R. 2 W.;
then west to the northeast corner of sec. 29, T. 1 S., R. 3 W.; then
south to the southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to
the southwest corner of sec. 26, 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
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the northeast
corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner
of sec. 5, T. 1 N., R. 2 W.; then east to the northeast corner of sec.
5, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 28, T. 2
N., R. 2 W.; then east to the northeast corner of sec. 28, 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. 20, T. 3 N., R. 1 E.; then south to the
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 35, T. 3N., R. 1 E.; then east to the northeast
corner of sec. 1, T. 2 N., R. 1 E.; then south to the northeast corner
of sec. 1, T. 1 N., R. 1 E.; then east to the northeast corner of sec.
4, T. 1 N., R. 2 E.; then south to the northwest corner of sec. 15, T. 1
N., R. 2 E.; then east to the northeast corner of sec. 15, T. 1 N., R. 2
E.; then south to the southeast corner of sec. 27, T. 1 N., R. 2 E.;
then west to the southwest corner of sec. 27, T. 1 N., R. 2 E.; then
south to the southeast corner of sec. 33, T. 1 N., R. 2 E.; then west to
the northeast corner of sec. 4, T. 1 S., R. 2 E.; then south to the
southeast corner of sec. 4, T. 1 S., R. 2 E.; then west to the southwest
corner of sec. 4, T. 1 S., R. 2 E.; then south to the point of
beginning.
(2) Beginning at the intersection of the Maricopa/Pinal County line
and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then west along
the Maricopa/Pinal County line to the southwest corner of sec. 31, T. 2
S., R. 5 E.; then north to the southeast corner of sec. 25, T. 2 S., R.
4 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
northeast corner of sec. 33, 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
northeast corner of sec. 19, 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 southwest
corner of sec. 3, T. 1 S., R. 6 E.; then north to the northwest corner
of sec. 3, T. 1 S., R. 6 E; then east to the northeast corner of sec.
[[Page 131]]
2, T. 1 S., R. 6 E.; then south to the southeast corner of sec. 2, T. 1
S., R. 6 E.; then east to the northeast corner of sec. 7, T. 1S., R.
7E.; then south to the northwest corner of sec. 5, T. 2 S., R. 7 E.;
then east to the northeast corner of sec. 3, T. 2 S., R. 7 E.; then
north to the northwest corner of sec. 35, T. 1 S., R. 7 E.; then east to
the northeast corner of sec. 36, T. 1 S, R. 7 E. and the Maricopa/Pinal
County line; then south along the Maricopa/Pinal County line to the
point of beginning.
(3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.;
then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then
south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west to
the southwest corner of sec. 36, T. 6 S., R. 7 W.; then north to the
northwest corner of sec. 36, T. 6 S., R. 7 W.; then west to the
southwest corner of sec. 26, T. 6 S., R. 7 W.; then north to the
northwest corner of sec. 23, T. 6 S., R. 7 W.; then west to the
southeast corner of sec. 18, T. 6 S., R. 7 W.; then north to the
northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to the southeast
corner of sec. 31, T. 5 S., R. 7 W.; then north to the northwest corner
of sec. 29, T. 5 S., R. 7 W.; then east to the northeast corner of sec.
29, T. 5 S., R. 7 W.; then east to the southwest corner of sec. 22, T. 5
S., R. 7 W.; then north to the northwest corner of sec. 22, T. 5 S., R 7
W.; then east to the southwest corner of sec. 14, T. 5 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. 13, T. 5 S., R. 6 W.; then south to the
southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the
northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the
southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the
northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the
southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the
northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the
southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the
northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point
of beginning.
(4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.;
then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then
south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to
the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the
southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the
northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the
northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the
northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the
northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast
corner of sec. 12, T. 2 N., R. 5 E.; then south to the point of
beginning.
Pinal County: (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8 E.;
then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; then
south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then east to
the northeast corner of sec. 4, T. 2 S., R. 8 E., then south to the
southeast corner of sec. 16, T. 2 S., R. 8 E.; then east to the
northeast corner of sec. 22, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 27, T. 2 S., R. 8 E.; then west to the
southeast corner of sec. 28, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the northeast
corner of sec. 8, T. 3 S., R. 8 E.; then south to the southeast corner
of sec. 8, T. 3 S., R. 8 E.; then west to the southwest corner of sec.
12, T. 3 S., R. 7 E.; then north to the southeast corner of sec. 2, T. 3
S., R. 7 E.; then west to the northeast corner of sec. 9, T. 3 S., R. 6
E.; then south to the southeast corner of sec. 4, T. 4 S., R. 6 E.; then
west to the southwest corner of sec. 5, T. 4 S., R. 6 E.; then north to
the northwest corner of sec. 5, T. 4 S., R. 6 E.; then west to the
southwest corner of sec. 34, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 10, 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
northwest corner of sec. 6, T. 3 S., R. 5 E. and the intersection of the
Maricopa/Pinal County line; then east along the Maricopa/Pinal County
line to the southeast corner of sec. 36, T. 2 S., R. 7 E.; then north
along the Maricopa/Pinal County line to the point of beginning.
(2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.;
then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then
south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to
the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the
northeast corner of sec. 35, 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
southwest corner of sec. 20, 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. 24, T. 4 S., R. 3 E.; then south to the
southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the
northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the
northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the
northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the
northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the northeast
corner of sec. 1, T. 5 S.,
[[Page 132]]
R. 4 E.; then south to the southeast corner of sec. 1, T. 5 S., R. 4 E.;
then west to the northeast corner of sec. 12, T. 5 S., R. 4 E.; then
south to the southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to
the southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the
northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the
northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the
northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of
beginning.
(3) The following individual fields in Pinal County are regulated
areas: 309021804, 309042601, 309050104, 309050109, 309050122, 309050209.
California
Riverside County. That portion of Riverside County known as the Palo
Verde Valley (in part) bounded by a line drawn as follows: Beginning at
the intersection of Neighbours Boulevard and West Hobson Way; then east
on West Hobson Way to Arrowhead Boulevard; then north on Arrowhead
Boulevard to West 11th Avenue; then east on West 11th Avenue to Defrain
Boulevard; then north on Defrain Boulevard to 10th Avenue; then east on
10th Avenue to the southern boundary line of secs. 23 and 24, T. 6 S.,
R. 23 E.; then east along that boundary line to the California/Arizona
State line; then south along the State line to the southern boundary
line of secs. 25, 26, and 27, T. 8 S., R. 22 E.; then west along that
boundary line to 36th Avenue; then west on 36th Avenue to Stephenson
Boulevard; then north on Stephenson Boulevard to 34th Avenue; then west
on 34th Avenue to Keim Boulevard; then north along an imaginary line to
the intersection of 28th Avenue and Keim Boulevard; then north on Keim
Boulevard to its northernmost point; then from that point northeast
along an imaginary line to the intersection of Stephenson Boulevard and
West 14th Avenue; then east along West 14th Avenue to Neighbours
Boulevard; then north on Neighbours Boulevard to the point of beginning.
Texas
Archer County. (1) Beginning at the intersection of the line of
longitude -98.5457[deg] W. and the line of latitude 33.6656[deg] N.;
then east along the line of latitude 33.6656[deg] N. to the line of
longitude -98.4380[deg] W.; then south along the line of longitude -
98.4380[deg] W. to the line of latitude 33.5763[deg] N.; then west along
the line of latitude 33.5763[deg] N. to the line of longitude -
98.5457[deg] W.; then north along the line of longitude -98.5457[deg] W.
to the point of beginning.
(2) Beginning at the intersection of the Archer/Baylor County line
and the line of latitude 33.4051[deg] N.; then east along the line of
latitude 33.4051[deg] N. to the line of longitude -98.9345[deg] W.; then
north along the line of longitude -98.9345[deg] W. to the line of
latitude 33.4570[deg] N.; then east along the line of latitude
33.4570[deg] N. to the line of longitude -98.8227[deg] W.; then south
along the line of longitude -98.8227[deg] W. to the Archer/Young County
line; then west along the Archer/Young County line to the Archer/Baylor
County line; then north along the Archer/Baylor County line to the point
of beginning.
(3) Beginning at the intersection of the Archer/Young County line
and the line of longitude -98.7926[deg] W.; then north along the line of
longitude -98.7926[deg] W. to the line of latitude 33.3978[deg] N.; then
east along the line of latitude 33.3978[deg] N. to the line of longitude
-98.6870[deg] W.; then south along the line of longitude -98.6870[deg]
W. to the Archer/Young County line; then west along the Archer/Young
County line to the point of beginning.
Baylor County. (1) Beginning at the intersection of the line of
longitude -99.1633[deg] W. and the line of latitude 33.8148[deg] N.;
then east along the line of latitude 33.8148[deg] N. to the line of
longitude -99.0436[deg] W.; then south along the line of longitude -
99.0436[deg] W. to the line of latitude 33.7143[deg] N.; then west along
the line of latitude 33.7143[deg] N. to the line of longitude -
99.1633[deg] W.; then north along the line of longitude -99.1633[deg]W.
to the point of beginning.
(2) Beginning at the intersection of the Baylor/Knox County line and
the line of latitude 33.6751[deg] N.; then east along the line of
latitude 33.6751[deg] N. to the line of longitude -99.3831[deg] W.; then
south along the line of longitude -99.3831[deg] W. to the line of
latitude 33.6505[deg] N.; then east along the line of latitude
33.6505[deg] N. to the line of longitude -99.2542[deg] W.; then south
along the line of longitude -99.2542[deg] W. to the line of latitude
33.5598[deg] N.; then west along the line of latitude 33.5598[deg] N. to
the line of longitude -99.3139[deg] W.; then south along the line of
longitude -99.3139[deg] W. to the line of latitude 33.4542[deg] N.; then
west along the line of latitude 33.4542[deg] N. to the line of longitude
-99.4276[deg] W.; then north along the line of longitude -99.4276[deg]
W. to the line of latitude 33.5284[deg] N.; then west along the line of
latitude 33.5284[deg] N. to the Baylor/Knox County line; then north
along the Baylor/Knox County line to the point of beginning.
(3) Beginning at the intersection of the Baylor/Throckmorton County
line and the line of longitude -99.1271[deg] W.; then north along the
line of longitude -99.1271[deg] W. to the line of latitude 33.4445[deg]
N.; then east along the line of latitude 33.4445[deg] N. to the line of
longitude -99.0189[deg] W.; then south along the line of longitude -
99.0189[deg] W. to the line of latitude 33.4051[deg] N.; then east along
the line of latitude 33.4051[deg] N. to the Baylor/Archer County line;
then south along the Baylor/Archer County line to the Baylor/
[[Page 133]]
Throckmorton County line; then west along the Baylor/Throckmorton County
line to the point of beginning.
Knox County. Beginning at the intersection of the Knox/Baylor County
line and the line of latitude 33.5284[deg] N.; then west along the line
of latitude 33.5284[deg]N. to the line of longitude -99.4962[deg] W.;
then north along the line of longitude -99.4962[deg] W. to the line of
latitude 33.5802[deg] N.; then west along the line of latitude
33.5802[deg] N. to the line of longitude -99.4971[deg] W.; then north
along the line of longitude -99.4971[deg] W. to the line of latitude
33.6751[deg] N.; then east along the line of latitude 33.6751[deg] N. to
the Knox/Baylor County line; then south along the Knox/Baylor County
line to the point of beginning.
McCulloch County. Beginning at the intersection of the line of
longitude -98.9975 and the line of latitude 31.2133 N.; then west along
the line of latitude 31.2133 N. to the line of longitude 99.1818 W.;
then north along the line of longitude 99.1818 W. to the line of
latitude 31.3435 N.; then east along the line of latitude 31.3435 N. to
the line of longitude -98.9975 W.; then south along the line of
longitude -98.9975 W. to the point of beginning.
San Saba County. (1) Beginning at the intersection of the San Saba/
Mills County line and the line of longitude -98.5851[deg] W.; then south
along the line of longitude -98.5851[deg] W. to the line of latitude
31.1301[deg] N.; then west along the line of latitude 31.1301[deg] N. to
the line of longitude -98.9463[deg] W.; then north along the line of
longitude -98.9463[deg] W. to the line of latitude 31.3299[deg] N.; then
east along the line of latitude 31.3299[deg] N. to the San Saba/Mill
County line; then south along the San Saba/Mill County line to the point
of beginning.
(2) Beginning at the intersection of the San Saba/McCulloch County
line and the line of latitude 31.3440 N.; then east along the line of
latitude 31.3440 N. to the line of longitude -98.9975 W.; then south
along the line of longitude -98.9975 W. to the line of latitude 31.2141
N.; then west along the latitude 31.2141 N. to the San Saba/McCulloch
County line; then north along the San Saba/McCulloch County line to the
point of beginning.
Throckmorton County. Beginning at the intersection of the
Throckmorton/Young County line and the line of latitude 33.1810[deg] N.;
then west along the line of latitude 33.1810[deg] N. to the line of
longitude -98.9922[deg] W.; then north along the line longitude -
98.9922[deg] W. to the line of latitude 33.2175[deg] N.; then west along
the line of latitude 33.2175[deg] N. to the line of longitude -
99.0837[deg] W.; then north along the line of longitude -99.0837[deg] W.
to the line of latitude 33.3073[deg] N.; then east along the line of
latitude 33.3073[deg] N. to the line of longitude -99.0531[deg] W.; then
north along the line of longitude -99.0531[deg] W. to the line of
latitude 33.3535[deg] N.; then west along the line of latitude
33.3535[deg] N. to the line of longitude -99.1271[deg]W.; then north
along the line of longitude -99.1271[deg]W. to the Throckmorton/Baylor
County line; then east along the Throckmorton/Baylor County line to the
Throckmorton/Young County line; then south along the Throckmorton/Young
County line to the point of beginning.
Young County. (1) Beginning at the intersection of the Young/Archer
County line and the line of longitude -98.8228[deg] W.; then south along
the line of longitude -98.8228[deg] W. to the line of latitude
33.3600[deg] N.; then west along the line of latitude 33.3600[deg] N. to
the line of longitude -98.9410[deg] W.; then south along the line of
longitude -98.9410[deg] W. to the line of latitude 33.3001[deg] N.; then
east along the line of latitude 33.3001[deg] N. to the line of longitude
-98.8884[deg] W.; then south along the line of longitude -98.8884[deg]
W. to the line of latitude 33.2878[deg] N.; then east along the line of
latitude 33.2878[deg] N. to the line of longitude -98.8355[deg] W.; then
south on the line of longitude -98.8355[deg] W. to the line of latitude
33.2552[deg] N.; then east along the line of latitude 33.2552[deg] N. to
the line of longitude -98.7856[deg] W.; then south along the line of
longitude -98.7856[deg] W. to the line of latitude 33.2237[deg] N.; then
east along the line of latitude 33.2237[deg] N. to the line of longitude
-98.7065[deg] W.; then south along the line of longitude -98.7065[deg]
W. to the line of latitude 33.1329[deg] N.; then west along the line of
latitude 33.1329[deg] N. to the line of longitude -98.8250[deg] W.; then
north along the line of longitude -98.8250[deg] W. to the line of
latitude 33.1484[deg] N.; then west along the line of latitude
33.1484[deg] N. to the line of longitude -98.9312[deg] W.; then north
along the line of longitude -98.9312[deg] W. to the line of latitude
33.1810[deg] N.; then west along the line of latitude 33.1810[deg] N. to
the Young/Throckmorton County line; then north along the Young/
Throckmorton County line to the Young/Archer County line; then east
along the Young/Archer County line to the point of beginning.
(2) Beginning at the intersection of the Young/Archer County line
and the line of longitude -98.6851[deg] W.; then south along the line of
longitude -98.6851[deg] W. to the line of latitude 33.3053[deg] N.; then
west along the line of latitude 33.3053[deg] N. to the line of longitude
-98.7906[deg] W.; then north along the line of longitude -98.7906[deg]
W. to the line of latitude 33.3069[deg] N.; then west along the line of
latitude 33.3069[deg] N. to the line of longitude -98.7926[deg] W.; then
north along the line of longitude -98.7926[deg] W. to the Young/Archer
[[Page 134]]
County line; then east along the Young/Archer County line to the point
of beginning.
[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; 67
FR 61978, Oct. 3, 2002; 69 FR 246, Jan. 5, 2004; 69 FR 8096, Feb. 23,
2004; 69 FR 27823, May 17, 2004; 70 FR 15555, Mar. 28, 2005; 70 FR
73555, Dec. 13, 2005]
Sec. 301.89-4 Planting.
Any wheat, durum wheat, or triticale that originates within a
regulated area must be tested and found free from bunted wheat kernels
and spores before it may be used as seed within or outside a regulated
area.
[69 FR 8096, Feb. 23, 2004]
Sec. 301.89-5 Movement of regulated articles from regulated areas.
(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:
(1) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.89-6 and 301.89-10;
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the regulated area from an
area that is not regulated;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
(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 Sec. 301.89-13 while in or moving through any
regulated area; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity;
(3) Without a certificate or limited permit, provided the regulated
article is a soil sample being moved to a laboratory approved by the
Administrator \1\ to process, test, or analyze soil samples;
---------------------------------------------------------------------------
\1\ 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, Surveillance and
Emergency Programs Planning and Coordination, 4700 River Road Unit 98,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(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 Sec. 301.89-13.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63
FR 50751, Sept. 23, 1998; 69 FR 8096, Feb. 23, 2004]
Sec. 301.89-6 Issuance of a certificate or limited permit.
(a) An inspector \2\ 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:
---------------------------------------------------------------------------
\2\ 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, Surveillance and Emergency
Programs Planning and Coordination, 4700 River Road Unit 98, Riverdale,
Maryland 20737-1236.
---------------------------------------------------------------------------
(1) Is eligible for unrestricted movement under all other applicable
Federal domestic plant quarantines and regulations;
(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)
\3\ to prevent the artificial spread of Karnal bunt; and
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
[[Page 135]]
(3)(i) Is free of Karnal bunt infestation, based on laboratory
results of testing, and history of previous infestation;
(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
(iii) Has been treated in accordance with methods and procedures
prescribed in Sec. 301.89-13.
(b) To be eligible for movement under a certificate, hay cut after
the dough stage or grain from a field within a regulated area must be
tested prior to its movement from the field or before it is commingled
with similar commodities and must be found free from bunted kernels. If
bunted kernels are found, the grain or hay will be eligible for movement
only under a limited permit issued in accordance with paragraph (c) of
this section, and the field of production will be considered positive
for Karnal bunt.
(c) An inspector or a person operating under a compliance agreement
will issue a limited permit for the movement outside the regulated area
of a regulated article not eligible for a certificate if the inspector
determines that the regulated article:
(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;
(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
(3) Is eligible for movement under all other Federal domestic plant
quarantines and regulations applicable to the regulated article.
(d) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 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 the applicable requirements of
paragraphs (a) and (b) of this section for the issuance of certificates
or of paragraph (c) of this section for the issuance of limited permits.
[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; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, Feb. 23, 2004]
Sec. 301.89-7 Compliance agreements.
Persons who grow, handle, or move regulated articles may enter into
a compliance agreement \4\ if such persons 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 Sec. 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.
---------------------------------------------------------------------------
\4\ 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,
Surveillance and Emergency Program Planning and Coordination, 4700 River
Road Unit 98, Riverdale, Maryland 20737-1236.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69
FR 8096, Feb. 23, 2004]
[[Page 136]]
Sec. 301.89-8 Cancellation of a certificate, limited permit, or
compliance agreement.
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.
Sec. 301.89-9 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services of an inspector \5\ at least 24 hours before the services
are needed.
---------------------------------------------------------------------------
\5\ See footnote 2.
---------------------------------------------------------------------------
(b) The regulated articles must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64
FR 29550, June 2, 1999]
Sec. 301.89-10 Attachment and disposition of certificates and limited
permits.
(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:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(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
(b) The carrier must furnish the certificate or limited permit
authorizing movement of a regulated article to the consignee at the
shipment's destination.
Sec. 301.89-11 Costs and charges.
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.
Sec. 301.89-12 Cleaning, disinfection, and disposal.
(a) Mechanized harvesting equipment that has been used to harvest
host crops that test positive for Karnal bunt based on the presence of
bunted kernels must be cleaned and, if disinfection is determined to be
necessary by an inspector, disinfected in accordance with Sec. 301.89-
13 prior to movement from a regulated area.
(b) Seed conditioning equipment that was used in the conditioning of
seed that was tested and found to contain spores or bunted kernels of
Tilletia indica must be cleaned and disinfected in accordance with Sec.
301.89-13 prior to being used in the conditioning of seed that has
tested negative for the spores of Tilletia indica or to being moved from
a regulated area.
(c) Any grain storage facility, including on-farm storage, that is
used to store seed that has tested bunted-kernel or spore positive or
grain that has tested bunted-kernel positive must be cleaned and, if
disinfection is determined to be necessary by an inspector, disinfected
in accordance with Sec. 301.89-13 if the facility will be used to store
grain or seed in the future.
(d) Conveyances used to move bunted-kernel-positive host crops,
including
[[Page 137]]
trucks, railroad cars, and other containers, that have sloping metal
sides leading directly to a bottom door or slide chute, are self
cleaning, and will not be required to be cleaned and disinfected.
(e) Spore-positive wheat, durum wheat, or triticale seed that has
been treated with any chemical that renders it unfit for human or animal
consumption must be disposed of by means of burial under a minimum of 24
inches of soil in a nonagricultural area that will not be cultivated or
in an approved landfill.
[69 FR 8096, Feb. 23, 2004]
Sec. 301.89-13 Treatments.
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 under this
subpart must be cleaned by removing all soil and plant debris. If
disinfection is required by an inspector in addition to cleaning, the
articles must be disinfected by one of the methods specified in
paragraph (a), (b), or (c) of this section, unless a particular
treatment is designated by an inspector. The treatment used must be that
specified by an inspector:
(a) Wetting all surfaces to the point of runoff with one of the
following 1.5 percent sodium hypochlorite solutions and letting stand
for 15 minutes, then thoroughly washing down all surfaces after 15
minutes to minimize corrosion:
(1) One part Ultra Clorox brand regular bleach (6 percent sodium
hypochlorite; EPA Reg. No. 5813-50) in 3 parts water; or
(2) One part CPPC Ultra Bleach 2 (6.15 percent sodium hypochlorite;
EPA Reg. No. 67619-8) in 3.1 parts water.
(b) Applying steam to all surfaces until the point of runoff, and so
that a critical temperature of 170 [deg]F is reached at the point of
contact.
(c) 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 170 [deg]F.
[69 FR 8096, Feb. 23, 2004]
Sec. 301.89-14 [Reserved]
Sec. 301.89-15 Compensation for growers, handlers, and seed companies
in the 1999-2000 and subsequent crop seasons.
Growers, handlers, and seed companies are eligible to receive
compensation from the United States Department of Agriculture (USDA) for
the 1999-2000 and subsequent crop seasons to mitigate losses or expenses
incurred because of the Karnal bunt regulations and emergency actions,
as follows:
(a) Growers, handlers, and seed companies in areas under first
regulated crop season. Growers, handlers, and seed companies are
eligible to receive compensation for the loss in value of their wheat in
accordance with paragraphs (a)(1) and (a)(2) of this section if: The
wheat was grown in a State where the Secretary has declared an
extraordinary emergency; and the wheat was grown in an area of that
State that became regulated for Karnal bunt after the crop was planted,
or for which an Emergency Action Notification (PPQ Form 523) was issued
after the crop was planted; and the wheat was grown in an area that
remained regulated or under Emergency Action Notification at the time
the wheat was sold. Growers and handlers of wheat grown in Oklahoma
during the 2000-2001 growing season are eligible to receive compensation
if the wheat was commingled in storage with wheat that meets the above
requirements of this paragraph. 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 paragraph is for
wheat grain, certified wheat seed, wheat held back from harvest by a
grower in the 2000-2001 growing season for use as seed in the next
growing season, and wheat grown with the intention of producing
certified wheat seed.
(1) Growers. 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
[[Page 138]]
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.
(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.
(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.
(2) Handlers and seed companies. 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.
(b) Growers, handlers, and seed companies in previously regulated
areas. For the 1999-2000 crop season and the 2000-2001 crop season only,
growers, handlers, and seed companies are eligible to receive
compensation for the loss in value of their wheat in accordance with
paragraphs (b)(1) and (b)(2) of this section if: The wheat was grown in
a State where the Secretary has declared an extraordinary emergency; and
the wheat was grown in an area of that State that became regulated for
Karnal bunt before the crop was planted, or for which an Emergency
Action Notification (PPQ Form 523) was issued before the crop was
planted; and the wheat was grown in an area that remained regulated or
under Emergency Action Notification at the time the wheat was sold.
Growers, handlers, and seed companies in previously regulated areas will
not be eligible for compensation for wheat from the 2001-2002 and
subsequent crop seasons; except that, for growers or handlers of wheat
harvested in any field in the Texas counties of Archer, Baylor,
Throckmorton, and Young during the 2000-2001 crop season that has not
been found to contain a bunted wheat kernel, this requirement applies to
compensation for wheat from the 2002-2003 and subsequent crop seasons.
The compensation provided in this paragraph is for wheat grain,
certified wheat seed, and wheat grown with the intention of producing
certified wheat seed.
(1) Growers. 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.
[[Page 139]]
(2) Handlers and seed companies. 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.
(c) To claim compensation. Compensation payments to growers,
handlers, and seed companies under paragraphs (a) and (b) of this
section will be issued by the Farm Service Agency (FSA). Claims for
compensation for the 1999-2000 crop season must be received by FSA on or
before December 4, 2001. Claims for compensation for subsequent crop
seasons must be received by FSA on or before March 1 of the year
following that crop season. The Administrator may extend the deadline,
upon request in specific cases, when unusual and unforeseen
circumstances occur that prevent or hinder a claimant from requesting
compensation on or before these dates. To claim compensation, a grower,
handler, or seed company must complete and submit to the local FSA
county office the following documents:
(1) Growers, handlers, and seed companies. 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);
(2) Growers. 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).
(3) Handlers and seed companies. In addition to the documents
required in 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).
(d) Special allowance for negative wheat grown in Archer, Baylor,
Throckmorton, and Young Counties, TX, in the 2000-2001 growing season.
Notwithstanding any other provision of this section, wheat that was
harvested from fields in Archer, Baylor, Throckmorton, or Young
Counties, TX, in the 2000-2001 growing season, and that tested negative
for Karnal bunt after harvest, is eligible for compensation in
accordance with paragraph (a) of this section.
[[Page 140]]
(e) Special allowance for disposal costs for treated uncertified
wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in
the 2000-2001 growing season. Notwithstanding any other provision of
this section, growers in Archer, Baylor, Throckmorton, or Young
Counties, TX, who own treated uncertified wheat seed that tested
positive for Karnal bunt spores during the 2000-2001 growing season are
eligible for compensation in accordance with this paragraph. The grower
is eligible for compensation for the costs of disposing of such wheat
seed, by burial on the grower's premises, by burial at a landfill, or
through another means approved by APHIS. The compensation for disposing
of wheat seed by burial on the grower's premises is $1.00 per bushel.
The compensation for disposing of wheat seed by burial at a landfill, or
through another means approved by APHIS, is the actual cost of disposal,
up to $1.20 per bushel, as verified by receipts for disposal costs. To
apply for this compensation, the grower must submit a Karnal Bunt
Compensation Claim form, provided by FSA, and 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 uncertified wheat seed that tested positive for spores (such as a
copy of a facility weigh ticket, or other verification). For seed
disposed of by burial at a landfill the grower must also submit one or
more receipts for the disposal costs of the uncertified wheat seed,
showing the total bushels destroyed and the total disposal costs
(landfill fees, transportation costs, etc.).
[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999;
66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002]
Sec. 301.89-16 Compensation for grain storage facilities, flour millers,
National Survey participants, and certain custom harvesters and equipment
owners or lessees for the 1999-2000 and subsequent crop seasons.
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:
(a) Decontamination of grain storage facilities. 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 Sec. 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.
[[Page 141]]
(b) Flour millers. 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 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.
(c) National Karnal Bunt Survey participants. 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:
(1) Loss in value of positive wheat. 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.
(2) Decontamination of grain storage facilities. 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
[[Page 142]]
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.
(d) Special allowances for custom harvesters and equipment owners or
lessees for costs related to cleaning and disinfection of mechanized
harvesting and other equipment in Archer, Baylor, Throckmorton, and
Young Counties, TX, in the 2000-2001 crop season. All claims for
compensation under this paragraph Sec. 301.89-16(d) must be received by
APHIS on or before September 6, 2005. The Administrator may extend this
deadline upon written request in specific cases, when unusual and
unforeseen circumstances occur that prevent or hinder a claimant from
requesting compensation on or before this date. All compensation
payments made under this paragraph Sec. 301.89-16(d) will be issued by
APHIS. Claims for compensation should be sent to Plant Protection and
Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374.
(1) Custom harvesters. (i) Cleaning and disinfection of mechanized
harvesting equipment. Custom harvesters who harvested host crops that an
inspector determined to be infected with Karnal bunt and that were grown
in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000-
2001 crop season are eligible to receive compensation for the cost of
cleaning and disinfecting their mechanized harvesting equipment as
required by Sec. 301.89-12(a). Compensation for the cost of cleaning
and disinfection mechanized harvesting equipment used to harvest Karnal
bunt-infected host crops will be either the actual cost or $750 per
cleaned machine, whichever is less. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; a copy of the PPQ-540 certificate issued to
allow the movement of mechanized harvesting equipment from a regulated
area after it had been used to harvest host crops that an inspector
determined to be infected with Karnal bunt and had been subsequently
cleaned and disinfected; and a receipt showing the cost of the cleaning
and disinfection.
(ii) Contracts lost due to cleaning and disinfection. Custom
harvesters who harvested host crops that an inspector determined to be
infected with Karnal bunt and that were grown in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
are also eligible to be compensated for the revenue lost if they lost
one contract due to downtime necessitated by cleaning and disinfection,
if the contract to harvest Karnal bunt-infected host crops in a
previously nonregulated area was signed before the area was declared a
regulated area for Karnal bunt. Compensation will only be provided for
one contract lost due to cleaning and disinfection. Compensation for any
contract that was lost due to cleaning and disinfection will be either
the full value of the contract or $23.48 for each acre that was to have
been harvested under the contract, whichever is less. To claim
compensation, a custom harvester must provide copies of a contract or
other signed agreement for harvesting in Archer, Baylor, Throckmorton,
or Young County during the 2000-2001 crop season,
[[Page 143]]
signed on a date prior to the designation of the county as a regulated
area for Karnal bunt, or an affidavit stating that the custom harvester
entered into an agreement to harvest in Archer, Baylor, Throckmorton, or
Young County during the 2000-2001 crop season prior to the designation
of the county as a regulated area for Karnal bunt, signed by the
customer with whom the custom harvester entered into the agreement; a
copy of the PPQ-540 certificate issued to allow the movement of
mechanized harvesting equipment from a regulated area after it has been
used to harvest host crops that an inspector determined to be infected
with Karnal bunt and had been subsequently cleaned and disinfected; and
the contract for harvesting in an area not regulated for Karnal bunt
that had been lost due to time lost to cleaning and disinfecting
harvesting equipment, signed on a date prior to the designation of the
relevant county as a regulated area for Karnal bunt, for which the
custom harvester will receive compensation, or an affidavit stating that
the custom harvester entered into an agreement to harvest in an area not
regulated for Karnal bunt prior to the designation of the county as a
regulated area for Karnal bunt and stating the number of acres that were
to have been harvested and the amount the custom harvester was to have
been paid under the agreement, signed by the customer with whom the
custom harvester entered into the agreement.
(iii) Fixed costs incurred during cleaning and disinfection. Custom
harvesters who harvested host crops that an inspector determined to be
infected with Karnal bunt and that were grown in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
who do not apply for compensation for a contract lost due to cleaning
and disinfection as described in paragraph (d)(1)(ii) of this section
are eligible for compensation for fixed costs incurred during cleaning
and disinfection. Compensation for fixed costs incurred during cleaning
and disinfection will be $2,000. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; and a copy of the PPQ-540 certificate issued
to allow the movement of mechanized harvesting equipment from a
regulated area after it has been used to harvest host crops that an
inspector determined to be infected with Karnal bunt and has been
subsequently cleaned and disinfected.
(2) Other equipment; cleaning and disinfection. Owners or lessees of
equipment other than mechanized harvesting equipment and seed
conditioning equipment that came into contact with host crops that an
inspector determined to be infected with Karnal bunt in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
and that was required by an inspector to be cleaned and disinfected are
eligible for compensation for the cost of cleaning and disinfection.
Compensation for the cleaning and disinfection of such equipment will be
$100. To receive this compensation, owners or lessees must submit a copy
of the PPQ-540 certificate issued to allow the movement of the equipment
from a regulated area after it had been in contact with host crops that
an inspector determined to be infected with Karnal bunt and had been
subsequently cleaned and disinfected.
(Approved by the Office of Management and Budget under control number
0579-0248.)
[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999;
66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July
8, 2004; 70 FR 24302, May 9, 2005]
Subpart--Corn Cyst Nematode [Reserved]
Subpart_European Larch Canker
Source: 49 FR 18992, May 4, 1984, unless otherwise noted.
[[Page 144]]
Quarantine and Regulations
Sec. 301.91 Quarantine and regulations; restrictions on interstate
movement of regulated articles.\1\
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\1\ 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).
---------------------------------------------------------------------------
(a) Quarantines and regulations. The secretary of agriculture hereby
quarantines the State of Maine in order to prevent the artificial spread
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous
plant disease of trees of the Larix and Pseudolarix 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 Sec. 301.91-2
(b) Restrictions on interstate movement of regulated articles. 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.
[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]
Sec. 301.91-1 Definitions.
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:
Certificate. 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 Sec. 301.91-5(a).
Compliance agreement. 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.
Deputy Administrator. 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.
European larch canker. The plant disease known as European larch
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
Infestation. The presence of European larch canker or the existence
of circumstances that make it reasonable to believe that the European
larch canker is present.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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 Sec. 301.91-5(b).
Moved (movement, move). 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.
Person. Any individual, partnership, corporation, company, society,
association, or other organized group.
Plant Protection and Quarantine. 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.
Regulated area. Any State, or any portion thereof, listed in Sec.
301.91-3(c) or otherwise designated as a regulated area in accordance
with Sec. 301.91-3(b).
Regulated article. Any article listed in Sec. 301.91-2(a) or
otherwise designated as a regulated article in accordance with Sec.
301.91-2(b).
[[Page 145]]
State. 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.
[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]
Sec. 301.91-2 Regulated articles.
The following are regulated articles:
(a) Logs, pulpwood, branches, twigs, plants, scion and other
propagative material of the Larix or Pseudolarix spp. except seeds;
(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.
Sec. 301.91-3 Regulated areas.
(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:
(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
(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.
(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.
(c) The areas described below are designated as regulated areas:
Maine
Hancock County. The entire townships of Gouldsboro, Serrento,
Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division,
10th Southern Division, and 16th Middle Division.
Knox County. The entire townships of Appleton, Camden, Cushing,
Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston,
St. George, Thomaston, Union, Warren, and Washington.
Lincoln County. The entire townships of Alna, Boothbay Harbor,
Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle,
Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.
Waldo County. The entire townships of Lincolnville and Searsmont.
Washington County. 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, Whiting,
Whitneyville, 18th Eastern Division, 18th Middle Division, and 19th
Middle Division.
[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]
[[Page 146]]
Sec. 301.91-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.\2\
---------------------------------------------------------------------------
\2\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
Any regulated article may be moved interstate from any regulated
area in a quarantined State only if moved under the following
conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.91-5 and 301.91-8 of this subpart; or
(b) Without a certificate or limited permit;
(1) If moved to a contiguous regulated area; or
(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;
(ii) If the article originated outside of any regulated area; and
(iii) If the point of origin of any article is clearly indicated by
shipping documents and its identity has been maintained.
Sec. 301.91-5 Issuance and cancellation of certificates and limited
permits.
(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:
(1)(i) Determines based on inspection of the premises of origin that
the premises are free from European larch canker; or
(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
(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) \3\ to prevent the spread of European
larch canker; and
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
(3) Determines that it is eligible for unrestricted movement under
all other Federal domestic plant quarantines and regulations applicable
to such article.
(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:
(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;
(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) \3\ to prevent the spread of European
larch canker; and
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines and regulations applicable to such
article.
(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 made the determination that the
article is eligible for a certificate in accordance with Sec. 301.91-
5(a) or is eligible for a limited permit in accordance with Sec.
301.91-5(b).
(d) Any certificate or limited permit which has been issued or
authorized
[[Page 147]]
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.
[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]
Sec. 301.91-6 Compliance agreement and cancellation thereof.
(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. \4\
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.
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\4\ 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).
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(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.
[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.91-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 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 \5\ to take any
necessary action under this subpart prior to movement of the regulated
article.
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\5\ 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.
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(b) Such articles shall be assembled at such point and in such
manner as the inspector designates as necessary to comply with the
requirements of this subpart.
[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]
[[Page 148]]
Sec. 301.91-8 Attachment and disposition of certificates and limited
permits.
(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; 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 documents only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify such article.
(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.
Sec. 301.91-9 Costs and charges.
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.
Subpart_Phytophthora Ramorum
Source: 67 FR 6834, Feb. 14, 2002, unless otherwise noted.
Sec. 301.92 Restrictions on the interstate movement of regulated and
restricted articles.
No person may move interstate from any quarantined area any
regulated or restricted article except in accordance with this
subpart.\1\
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\1\ 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 or restricted articles as provided in sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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Sec. 301.92-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service (APHIS) of the United States Department of
Agriculture.
Bark chips. Bark fragments broken or shredded from a log or tree.
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of Sec. 301.92-5(a) of this subject and may be
moved interstate to any destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, processing, handling, or moving regulated articles,
wherein the person agrees to comply with this subpart.
Departmental permit. 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 Sec. 301.92-4(a)(2) of this subpart.
Duff. Decaying plant matter that includes leaf litter, green waste,
stem material, bark, and any other plant material that, upon visual
inspection, does not appear to have completely decomposed into soil.
Firewood. Wood that has been cut, sawn, or chopped into a shape and
size commonly used for fuel.
Forest stock. All flowers, trees, shrubs, vines, scions, buds, fruit
pits, or other seeds of fruit and ornamental trees or shrubs that are
wild-grown, backyard-grown, or naturally occurring and do not meet the
definition of nursery stock, and that are not located on a nursery
premises.
Inspector. Any employee of APHIS, the U.S. Department of
Agriculture, or other person authorized by the Administrator to perform
the duties required under this subpart.
Interstate. From any State into or through any other State.
[[Page 149]]
Log. The bole of a tree; trimmed timber that has not been sawn
further than to form cants.
Lumber. Logs that have been sawn into boards, planks, or structural
members such as beams.
Moved (move, movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a
mixture thereof, that could be used as a protective or decorative ground
cover.
Nursery stock. All greenhouse or 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.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Plant Protection and Quarantine. Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, United States Department of
Agriculture.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.92-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.92-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.92-2(a) of this
subpart.
Restricted article. Any article listed in Sec. 301.92-2(b) of this
subpart.
Soil. Any non-liquid combination of organic and/or inorganic
material in which plants can grow.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.92-2 Regulated and restricted articles.
(a) The following are regulated articles, and may be moved
interstate from a quarantined area only if accompanied by a certificate
issued in accordance with the regulations in this subpart:
(1) Nursery stock (except acorns and seeds), unprocessed wood and
wood products, and plant products, including firewood, logs, lumber,
wreaths, garlands, and greenery of arrowwood (Viburnumxbodnantense), big
leaf maple (Acer macrophyllum), black oak (Quercus kelloggii),
California bay laurel (Umbellularia californica), California buckeye
(Aesculus californica), California coffeeberry (Rhamnus californica),
California honeysuckle (Lonicera hispidula), coast live oak (Quercus
agrifolia), huckleberry (Vaccinium ovatum) (except fruit), madrone
(Arbutus menziesii), manzanita (Arctostaphylos manzanita), rhododendron
(Rhododendron spp., including azalea), Shreve's oak (Quercus parvula
var. shrevei), tanoak (Lithocarpus densiflorus), and Toyon (Heteromeles
arbutifolia).
(2) Soil.
(3) Any other product or article that an inspector determines to
present a risk of spreading Phytophthora ramorum, if an inspector
notifies the person in possession of the product or article that it is
subject to the restrictions in the regulations.
(b) The following are restricted articles, and may only be moved
interstate from a quarantined area by the U.S. Department of Agriculture
for experimental or scientific purposes, and only in accordance with the
regulations in Sec. 301.92-4(a)(2) of this subpart:
(1) Bark chips, forest stock, or mulch of arrowwood (Viburnum x
bodnantense), big leaf maple (Acer macrophyllum), black oak (Quercus
kelloggii), California bay laurel (Umbellularia californica), California
buckeye (Aesculus californica), California coffeeberry (Rhamnus
californica), California honeysuckle (Lonicera hispidula), coast live
oak (Quercus agrifolia), huckleberry (Vaccinium ovatum), madrone
(Arbutus menziesii), manzanita (Arctostaphylos manzanita), rhododendron
(Rhododendron spp., including azalea), Shreve's oak (Quercus parvula
var. shrevei), tanoak (Lithocarpus densiflorus), and Toyon (Heteromeles
arbutifolia).
(2) Any other product or article that an inspector determines to
present a risk of spreading Phytophthora ramorum, if an inspector
notifies the
[[Page 150]]
person in possession of the product or article that it is a restricted
article.
[67 FR 6834, Feb. 14, 2002; 67 FR 13560, Mar. 25, 2002]
Sec. 301.92-3 Quarantined areas.
(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
Phytophthora ramorum has been found by an inspector, in which the
Administrator has reason to believe that Phytophthora ramorum is
present, or that the Administrator considers necessary to quarantine
because of its inseparability for quarantine enforcement purposes from
localities in which Phytophthora ramorum has been found. Less than an
entire State will be designated as a quarantined area only if the
Administrator determines that:
(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
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of Phytophthora ramorum.
(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.
(c) The following areas are designated as quarantined areas:
California
Alameda County. The entire county.
Marin County. The entire county.
Mendocino County. The entire county.
Monterey County. The entire county.
Napa County. The entire county.
San Mateo County. The entire county.
Santa Clara County. The entire county.
Santa Cruz County. The entire county.
Solano County. The entire county.
Sonoma County. The entire county.
Oregon
Curry County. That portion of the county bounded by a line drawn as
follows: Beginning in the northwest corner of sec. 17, T. 40 S., R. 13
W., then east along sec. 17 and 16, T. 40 S., R. 13 W., to sec. 16, T.
40 S., R. 13 W., then south along sec. 16, 21, 28, and 33, T. 40 S., R.
13 W., to sec. 33, T. 40 S., R. 13 W., then west along sec. 33 and 32,
T. 40 S., R. 13 W., to sec. 32, T. 40 S., R. 13 W., then north along
sec. 32 and 29, T. 40 S., R. 13 W., to the midway point of the western
boundary of sec. 29, T. 40 S., R. 13 W., then west to the center of sec.
30, T. 40 S., R. 13 W., then north through sec. 30 and 19, T. 40 S., R.
13 W., to the center of sec. 19, T. 40 S., R. 13 W., then east to the
western boundary of sec. 20, T. 40 S., R. 13 W., then north along sec.
20 and 17, T. 40 S., R. 13 W., to the point of beginning.
Sec. 301.92-4 Conditions governing the interstate movement of regulated
and restricted articles from quarantined areas.
Regulated articles and restricted articles may be moved interstate
from a quarantined area \2\ only if moved in accordance with this
section.
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\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
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(a) With a certificate or departmental permit. (1) Any regulated
articles may be moved interstate from a quarantined area if accompanied
by a certificate issued and attached in accordance with Sec. Sec.
301.92-5 and 301.92-8 of this subpart, and provided that the regulated
article is moved through the quarantined area without stopping except
for refueling, rest stops, emergency repairs, and for traffic
conditions, such as traffic lights or stop signs.
(2) Any restricted article may be moved interstate from a
quarantined area only if the article is moved:
(i) By the United States Department of Agriculture for experimental
or scientific purposes;
[[Page 151]]
(ii) Pursuant to a departmental permit issued by the Administrator
for the article;
(iii) Under conditions specified on the departmental permit and
found by the Administrator to be adequate to prevent the spread of
Phytophthora ramorum; and
(iv) With a tag or label bearing the number of the departmental
permit issued for the article attached to the outside of the container
holding the article, or attached to the article itself if not in a
container.
(b) Without a certificate or departmental permit. (1) The regulated
or restricted article originated outside the quarantined area and the
point of origin of the article is indicated on the waybill of the
vehicle transporting the article; and
(2) The regulated or restricted article is moved from outside the
quarantined area through the quarantined area without stopping except
for refueling or for traffic conditions, such as traffic lights or stop
signs, and the article is not unpacked or unloaded in the quarantined
area.
(Approved by the Office of Management and Budget under control number
0579-0191)
Sec. 301.92-5 Issuance and cancellation of certificates.
(a) An inspector \3\ may issue a certificate for the interstate
movement of regulated articles if an inspector determines that:
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\3\ 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, or the
APHIS web site at http://www.aphis.usda.gov/travel/aqi.html.
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(1)(i) The regulated articles have been treated under the direction
of an inspector in accordance with Sec. 301.92-10 of this subpart; or
(ii) The regulated articles are wood products such as firewood,
logs, or lumber that are free of bark; or
(iii) The regulated article is soil that has not been in direct
physical contact with any article infected with P. ramorum, and from
which all duff has been removed.
(iv) The regulated articles are articles of nursery stock that:
(A) Are shipped from a nursery or premises in a quarantined area
that is inspected annually in accordance with the inspection and
sampling protocol described in Sec. 301.92-11(a) of this subpart, and
that has been found free of Phytophthora ramorum; and
(B) Are part of a shipment of nursery stock that has been inspected
prior to interstate movement in accordance with Sec. 301.92-11(b) of
this subpart, and that has been found free of Phytophthora ramorum; and
(C) Have been kept separate from regulated articles not inspected
between the time of the inspection and the time of interstate movement;
and
(D) Have not been grown in, or moved from, other areas within a
quarantined area except nurseries or premises that are annually
inspected for Phytophthora ramorum in accordance with this section, and
that have been found free of Phytophthora ramorum.
(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 (7 U.S.C. 7714) \4\ to prevent
the spread of Phytophthora ramorum; and
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\4\ Sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C.
7714, 7731, and 7754) provide 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.
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(3) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated article.
(b) Certificates may be issued by any person engaged in the business
of growing, processing, 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
[[Page 152]]
for the interstate movement of regulated articles if an inspector has
previously made the determination that the article is eligible for a
certificate in accordance with Sec. 301.92-5(a) of this subpart.
(c) Any certificate 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 has not complied with all conditions in this
subpart for the use of the certificate. 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
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 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.
(Approved by the Office of Management and Budget under control number
0579-0191)
Sec. 301.92-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, processing, handling, or moving
regulated articles other than nursery stock 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.\5\
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\5\ 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.
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(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.
Sec. 301.92-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
under Sec. 301.92-5(b) of this subpart) who desires to move a regulated
article interstate accompanied by a certificate must notify an inspector
\6\ as far in advance of the desired interstate movement as possible,
but no less than 14 days before the desired interstate movement.
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\6\ See footnote 3 of this subpart.
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(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
Sec. 301.92-8 Attachment and disposition of certificates.
(a) A certificate required for the interstate movement of a
regulated article must, at all times during the interstate movement, be:
(1) Attached to the outside of the container containing the
regulated article; or
(2) Attached to the regulated article itself if not in a container;
or
(3) Attached to the consignee's copy of the accompanying waybill. If
the certificate is attached to the consignee's copy of the waybill, the
regulated article must be sufficiently described on the certificate and
on the
[[Page 153]]
waybill to identify the regulated article.
(b) The certificate for the interstate movement of a regulated
article must be furnished by the carrier to the consignee listed on the
certificate upon arrival at the location provided on the certificate.
(Approved by the Office of Management and Budget under control number
0579-0191)
Sec. 301.92-9 Costs and charges.
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.
Sec. 301.92-10 Treatments.
Treatment schedules listed in part 305 of this chapter to destroy
Phytophthora ramorum are authorized for use on certain regulated
articles. The following treatments also may be used for the regulated
articles indicated:
(a) Soil--Heat to a temperature of at least 180 [deg]F for 30
minutes in the presence of an inspector.
(b) Wreaths, garlands, and greenery of host material--Dip for 1 hour
in water that is held at a temperature of at least 160 [deg]F.
[70 FR 36331, June 23, 2005]
Sec. 301.92-11 Inspection and sampling protocol.
(a) Annual nursery inspection and sampling. To meet the requirements
of Sec. 301.92-5(a)(1)(iv) of this subpart, nurseries that ship
regulated articles of nursery stock interstate must be inspected for
symptoms of Phytophthora ramorum annually in accordance with this
section.
(1) If the nursery contains 100 or fewer regulated articles, an
inspector will inspect each regulated article. If the nursery contains
more than 100 regulated articles, an inspector will inspect 100
regulated articles and at least 2 percent of the number of regulated
articles contained in the nursery that exceeds 100. The regulated
articles to inspected will be randomly selected from throughout the
nursery.
(2) If symptomatic plants are found upon inspection, the inspector
must collect at least one sample per symptomatic plant.
(3) If fewer than 40 symptomatic plants are found in a nursery
during an annual inspection, the inspector must collect samples from
nonsymptomatic regulated articles of nursery stock so that the total
number of sampled plants is at least 40.
(4) Samples must be labeled and sent for testing to a laboratory
approved by APHIS.
(5) If any regulated articles within a nursery are found to be
infected with Phytophthora ramorum, the nursery will be prohibited from
moving regulated articles interstate until such time as an inspector can
determine that the nursery is free of Phytophthora ramorum.
(b) Inspection and sampling of individual shipments. To meet the
requirements of Sec. 301.92-5(a)(1)(iv) of this subpart, each shipment
of regulated articles of nursery stock intended for interstate movement
must be inspected for symptoms of Phytophthora ramorum in accordance
with this section.
(1) If a shipment contains 100 or fewer regulated articles, an
inspector will inspect each regulated article. If a shipment contains
more than 100 regulated articles, an inspector will inspect 100
regulated articles and at least 2 percent of the number of regulated
articles contained in the shipment that exceeds 100. The regulated
articles to be inspected will be randomly selected.
(2) If symptomatic plants are found upon inspection, the inspector
will collect at least one sample per symptomatic plant, and one sample
per regulated article of nursery stock that is in close proximity to, or
that has had physical contact with a symptomatic plant.
(3) Samples will be labeled and sent for testing to a laboratory
approved by APHIS, and must be found free of Phytophthora ramorum prior
to the interstate movement of any regulated articles contained in the
shipment.
(4) If any plants intended for interstate movement are found to be
infected with Phytophthora ramorum, the
[[Page 154]]
nursery from which they originate will be prohibited from moving
regulated articles interstate until such as time as an inspector can
determine that the nursery is free of Phytophthora ramorum.
Subpart_Oriental Fruit Fly
Source: 58 FR 8521, Feb. 16, 1993, unless otherwise noted.
Sec. 301.93 Restrictions on interstate movement of regulated articles.
No person shall move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
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\1\ 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).
[58 FR 8521, Feb. 16, 1993, as amended at 66 FR 21053, Apr. 27, 2001]
Sec. 301.93-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS or Service).
Certificate. 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.
Compliance agreement. 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.
Core area. The 1 square mile area surrounding each property where
Oriental fruit fly has been detected.
Day degrees. 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 [deg]F:
[(Minimum Daily Temp + Maximum Daily Temp)/2]-54[deg]=Day Degrees
Drip area. The area under the canopy of a plant.
Infestation. The presence of the Oriental fruit fly or the existence
of circumstances that make it reasonable to believe that the Oriental
fruit fly is present.
Inspector. 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.
Interstate. From any State into or through any other State.
Limited permit. 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
Sec. 301.93-5(b) of this subpart only to a specified destination and
only in accordance with specified conditions.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation or transported, carried, or allowed to be moved, shipped,
transported, or carried by any means.
Oriental fruit fly. The insect known as Oriental fruit fly
(Bactrocera dorsalis (Hendel)) in any stage of development.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.93-3(c) of this subpart.
Regulated article. Any article listed in Sec. 301.93-2 of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.93-2(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.93-3(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory or possession of the United States.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
[[Page 155]]
Sec. 301.93-2 Regulated articles.
The following are regulated articles:
(a) The following fruits, nuts, vegetables, and berries:
Akia (Wikstromeia phyllyraefolia)
Alexander laurel (Calophyllum inophyllum)
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Banana (Musa paradisiaca var. sapientum) (Musaxparadisiaca)
Banana, dwarf (Musa nana)
Barbados cherry (Malpighia glabra)
Bell pepper (Capsicum annum)
Brazil cherry (Eugenia dombeyi)
Breadfruit (Artocarpus altilis)
Cactus (Cereus coerulescens)
Caimitillo (Chrysophyllum oliviforme)
Cashew (Anacardium occidentale)
Cherimoya (Anonna Cherimola)
Cherry, Catalina (Prunus ilicifolia)
Cherry, Portuguese (P. lusitanica)
Chile (Capsicum annum)
Coffee, Arabian (Coffea arabica)
Country gooseberry (Averrhoa carambola)
Cucumber (Cucumis sativas)
Custard apple (Annona reticulata)
Date palm (Phoenix dactylifera)
Dragon tree (Dracena draco)
Eggfruit tree (Pouteria campechiana)
Elengi tree (Mimusops elengi)
Fig (Ficus carica)
Gourka (Garcinia celebica)
Granadilla, sweet (Passiflora ligularis)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava), (P. littorale), (P. cattleianum)
Imbu (Spondias tuberosa)
Jackfruit (Artocarpus heterophyllus)
Jerusalem cherry (Solanum pseudocapsicum)
Kitembilla (Dovyalis hebecarpa)
Kumquat (Fortunella japonica)
Laurel (Calophyllum inophyllum)
Lemon (Citrus limon)
Lime, key or Mexican (Citrus aurantifolia)
Lime, Persian (Citrus latifolia)
Lime, sweet (Citrus limetioides)
Longan (Euphoria longan)
Loquat (Eriobotrya japonica)
Lychee nut (Lychee chinensis)
Malay apple (Eugenia malaccensis)
Mammee apple (Mammea americana)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mangosteen (Garcinia mangostana)
Mock orange (Murraya exotica)
Mulberry (Morus nigra)
Myrtle, downy rose (Rhodomyrtus tomentosa)
Natal plum (Crissa grandiflora)
Nectarine (Prunus persica var. nectarina)
Oleander, yellow (Thevetia peruviana)
Orange, calamondin (Citrus reticulata x. fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Oriental bush red pepper (Capsicum frutescens abbbreviatum)
Otaheite apple (Spondias dulcis)
Palm, syrup (Jubaea spectabilis)
Papaya (Carica papaya)
Passionflower (Passiflora edulis)
Passionflower, softleaf (Passiflora mollissima)
Passionfruit (Passiflora edulis) (yellow lilikoi)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepino (Solanum muricatum)
Pepper, sweet (Capsicum frutescens var. grossum)
Persimmon, Japanese (Diospyros kaki)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prickly pear (Opuntia megacantha) (Opuntia ficus indica)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sandalwood (Santalum paniculatum)
Sandalwood, white (Santalum album)
Santol (Sandericum koetjape)
Sapodilla (Manilkara zapota)
Sapodilla, chiku (Manilkara zapota)
Sapota, white (Casimiroa edulis)
Seagrape (Coccoloba uvifera)
Sour orange (Citrus aurantium)
Soursop (Annona muricata)
Star apple (Chryosophyllum cainito)
Surinam cherry (Eugenia uniflora)
Tomato (Lycopersicon esculentum)
Tropical almond (Terminalia catappa) (Terminalia chebula)
Velvet apple (Diospyros discolor)
Walnut (Juglans hindsii)
Walnut, English (Juglans regia)
Wampi (Citrus lansium)
West Indian cherry (Malpighia punicifolia)
Ylang-Ylang (Cananga odorata)
Any fruits, nuts, vegetables, or berries that are canned or dried or
frozen below -17.8 [deg]C. (0 [deg]F.) are not regulated articles.
(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.
(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
[[Page 156]]
conveyance is subject to the restrictions of this subpart.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
Sec. 301.93-3 Quarantined areas.
(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:
(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
(2) The designation of less than the entire State as a quarantined
area will prevent the interstate spread of the Oriental fruit fly.
(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.
(c) The areas described below are designated as quarantined areas:
There are no areas in the continental United States quarantined for the
Oriental fruit fly.
[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; 69 FR 56159, Sept. 20, 2004; 69 FR
67042, Nov. 16, 2004; 70 FR 10862, Mar. 7, 2005; 70 FR 11112, Mar. 8,
2005]
Sec. 301.93-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions: \2\
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\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
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(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.93-5 and 301.93-8 of this subpart;
(b) Without a certificate or limited permit, if:
(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
(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.
(c) Without a certificate or limited permit, if the regulated
article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a permit issued by the Administrator for the
regulated article;
[[Page 157]]
(3) Under conditions specified on the permit and found by the
Administrator to be adequate to prevent the spread of Oriental fruit
fly; and
(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)
Sec. 301.93-5 Issuance and cancellation of certificates and limited
permits.
(a) An inspector \3\ will issue a certificate for the interstate
movement of a regulated article if the inspector determines that:
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\3\ 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 Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
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(1) (i) The regulated article has been treated in accordance with
Sec. 301.93-10 of this subpart; or
(ii) Based on inspection of the premises of origin, or treatment of
the premises of origin in accordance with Sec. 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
(iii) Based on inspection of the regulated article, it is free of
Oriental fruit fly; and
(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) \4\ to prevent the spread of the Oriental
fruit fly; and
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\4\ 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).
---------------------------------------------------------------------------
(3) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated article.
(b) An inspector will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
(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.
(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) \4\ to prevent the spread of the
Oriental fruit fly; and
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(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.
(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
[[Page 158]]
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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994; 66
FR 21053, Apr. 27, 2001]
Sec. 301.93-6 Compliance agreements and cancellation.
(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.\5\
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\5\ 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.
---------------------------------------------------------------------------
(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.
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.93-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.93-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector \6\ as far in advance of the desired
interstate movement as possible (but no less than 48 hours before the
desired interstate movement).
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\6\ See footnote 3 at Sec. 301.93-5(a).
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(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
Sec. 301.93-8 Attachment and disposition of certificates and limited
permits.
(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: 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 only if the regulated article is sufficiently
described on the certificate, limited permit, or waybill to identify the
regulated article.
(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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[[Page 159]]
Sec. 301.93-9 Costs and charges.
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.