[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2016 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 7
Agriculture
________________________
Parts 300 to 399
Revised as of January 1, 2016
Containing a codification of documents of general
applicability and future effect
As of January 1, 2016
Published by the Office of the Federal Register
National Archives and Records Administration as 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:
Table of CFR Titles and Chapters........................ 571
Alphabetical List of Agencies Appearing in the CFR...... 591
List of CFR Sections Affected........................... 601
[[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
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 2016), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
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those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[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.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not accidentally dropped due to a printing or computer error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed 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
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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 Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
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The e-CFR is a regularly updated, unofficial editorial compilation
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of the Federal Register and the Government Publishing Office. It is
available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register.
January 1, 2016.
[[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, 1600-1759, 1760-1939, 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, 2016.
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, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[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.......................... 170
305 Phytosanitary treatments.................... 170
318 State of Hawaii and territories quarantine
notices................................. 186
319 Foreign quarantine notices.................. 213
322 Bees, beekeeping byproducts, and beekeeping
equipment............................... 405
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 419
331 Possession, use, and transfer of select
agents and toxins....................... 438
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............................. 451
351 Importation of plants or plant products by
mail.................................... 468
352 Plant quarantine safeguard regulations...... 471
353 Export certification........................ 483
354 Overtime services relating to imports and
exports; and user fees.................. 493
355 Endangered species regulations concerning
terrestrial plants...................... 519
356 Forfeiture procedures....................... 525
357 Control of illegally taken plants........... 529
360 Noxious weed regulations.................... 530
361 Importation of seed and screenings under the
Federal Seed Act........................ 537
370 Freedom of information...................... 554
371 Organization, functions, and delegations of
authority............................... 556
[[Page 6]]
372 National Environmental Policy Act
implementing procedures................. 562
380 Rules of practice governing proceedings
under certain acts...................... 566
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_Preemption and Special Need Requests
Sec.
301.1 Purpose and scope.
301.1-1 Definitions.
301.1-2 Criteria for special need requests.
301.1-3 Action on special need requests.
Subpart_Imported Plants and Plant Parts
301.10 Definitions.
301.11 Notice of quarantine; prohibition on the interstate movement of
certain imported plants and plant parts.
Subpart_Fruit Flies
301.32 Restrictions on interstate movement of regulated articles.
301.32-1 Definitions.
301.32-2 Regulated articles.
301.32-3 Quarantined areas.
301.32-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.32-5 Issuance and cancellation of certificates and limited permits.
301.32-6 Compliance agreements and cancellation.
301.32-7 Assembly and inspection of regulated articles.
301.32-8 Attachment and disposition of certificates and limited permits.
301.32-9 Costs and charges.
301.32-10 Treatments.
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.
[[Page 9]]
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.
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 and management method.
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_South American Cactus Moth
301.55 Restrictions on interstate movement of regulated articles.
301.55-1 Definitions.
301.55-2 Regulated articles.
301.55-3 Quarantined areas.
301.55-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.55-5 Issuance and cancellation of certificates and limited permits.
301.55-6 Compliance agreements and cancellation.
301.55-7 Assembly and inspection of regulated articles.
301.55-8 Attachment and disposition of certificates and limited permits.
301.55-9 Costs and charges.
[[Page 10]]
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 nursery stock from a
quarantined area.
301.75-7 Interstate movement of regulated fruit from a quarantined area.
301.75-8 Interstate movement of regulated seed from a quarantined area.
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 [Reserved]
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.
301.75-17 Funds for the replacement of certified citrus nursery stock.
Subpart_Citrus Greening and Asian Citrus Psyllid
301.76 Restrictions on the interstate movement of regulated articles.
301.76-1 Definitions.
301.76-2 Regulated articles for Asian citrus psyllid and citrus
greening.
301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid.
301.76-4 Labeling requirements for regulated nursery stock produced
within an area quarantined for citrus greening.
301.76-5 General conditions governing the issuance of any certificate or
limited permit; provisions for cancellation of a certificate
or limited permit.
301.76-6 Additional conditions for issuance of certificates and limited
permits for regulated articles moved interstate from areas
quarantined for Asian citrus psyllid, but not for citrus
greening.
301.76-7 Additional conditions for issuance of certificates and limited
permits for regulated articles moved interstate from areas
quarantined for citrus greening.
301.76-8 Compliance agreements and cancellation.
301.76-9 Inspection of regulated nursery stock.
301.76-10 Attachment and disposition of certificates and limited
permits.
301.76-11 Costs and charges.
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.
301.81-11 Imported fire ant detection, control, exclusion, and
enforcement program for nurseries producing containerized
plants.
Subpart--Unshu Oranges [Reserved]
[[Page 11]]
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--Pale Cyst Nematode
301.86 Restrictions on interstate movement of regulated articles.
301.86-1 Definitions.
301.86-2 Regulated articles.
301.86-3 Quarantined areas.
301.86-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.86-5 Issuance and cancellation of certificates and limited permits.
301.86-6 Compliance agreements and cancellation.
301.86-7 Assembly and inspection of regulated articles.
301.86-8 Attachment and disposition of certificates and limited permits.
301.86-9 Costs and charges.
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.
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 [Reserved]
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.
301.89-13-14 [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 interstate movement.
301.92-1 Definitions.
[[Page 12]]
301.92-2 Restricted, regulated, and associated articles; lists of proven
hosts and associated plant taxa.
301.92-3 Quarantined and regulated areas.
301.92-4 Conditions governing the interstate movement of regulated,
restricted, and associated articles, and non-host nursery
stock from quarantined and regulated areas.
301.92-5 Issuance and cancellation of certificates.
301.92-6 Compliance agreements and cancellation.
301.92-7 Availability of inspectors; assembly for inspection.
301.92-8 Attachment and disposition of certificates and recordkeeping.
301.92-9 Costs and charges.
301.92-10 [Reserved]
301.92-11 Inspection and sampling protocols.
301.92-12 Testing protocols.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under
Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421
note).
Subpart_Preemption and Special Need Requests
Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted.
Sec. 301.1 Purpose and scope.
(a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a
State or political subdivision of a State may not impose prohibitions or
restrictions upon the movement in interstate commerce of articles, means
of conveyance, plants, plant products, biological control organisms,
plant pests, or noxious weeds if the Secretary has issued a regulation
or order to prevent the dissemination of the biological control
organism, plant pest, or noxious weed within the United States. The only
exceptions to this are:
(1) If the prohibitions or restrictions issued by the State or
political subdivision of a State are consistent with and do not exceed
the regulations or orders issued by the Secretary, or
(2) If the State or political subdivision of a State demonstrates to
the Secretary and the Secretary finds that there is a special need for
additional prohibitions or restrictions based on sound scientific data
or a thorough risk assessment.
(b) The regulations in this subpart provide for the submission and
consideration of special need requests when a State or a political
subdivision of a State seeks to impose prohibitions or restrictions on
the movement in interstate commerce of articles, means of conveyance,
plants, plant products, biological control organisms, plant pests, or
noxious weeds that are in addition to the prohibitions or restrictions
imposed by this part or by a Federal Order.
Sec. 301.1-1 Definitions.
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
Agriculture.
Biological control organism. Any enemy, antagonist, or competitor
used to control a plant pest or noxious weed.
Interstate commerce. Trade, traffic, or other commerce
(1) From one State into or through any other State or
(2) Within the District of Columbia, Guam, the Virgin Islands of the
United States, or any other territory or possession of the United
States.
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.
Noxious weed. Any plant or plant product that can directly or
indirectly injure or cause damage to crops (including nursery stock or
plant products), livestock, poultry, or other interests of agriculture,
irrigation, navigation, the natural resources of the United States, the
public health or the environment.
Plant pest. Any living stage of any insects, mites, nematodes,
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi,
other parasitic plants or reproductive parts thereof, viruses, or any
organisms similar to or allied with any of the foregoing, or any
[[Page 13]]
infectious substances which can directly or indirectly injure or cause
disease or damage in any plants or parts thereof or any processed,
manufactured, or other products of plants.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.1-2 Criteria for special need requests.
(a) A special need request, as described in Sec. 301.1, may be
generated by a State or a political subdivision of a State. If the
request is generated by a political subdivision of a State, the request
must be submitted to APHIS through the State. States may also
collaborate with other States to submit multi-State special need
requests. However, if submitted, the multi-State special need request
must include information in sufficient detail to allow APHIS to analyze
the impacts on each State on an individual basis. All special need
requests must be signed by the executive official or officials or by a
plant protection official or officials of the State(s) making the
request and must contain the following:
(1) Data drawn from a scientifically sound detection survey, showing
that the biological control organism, noxious weed, or plant pest of
concern does not exist in the State or political subdivision or, if
already present in the State or political subdivision, the distribution
of the biological control organism, noxious weed, or plant pest of
concern;
(2) If the biological control organism, noxious weed, or plant pest
is not present in the State or political subdivision, a risk analysis or
other scientific data showing that the biological control organism,
noxious weed, or plant pest could enter the State or political
subdivision and become established;
(3) Specific information showing that, if introduced into or allowed
to spread within the State or political subdivision, the biological
control organism, noxious weed, or plant pest would harm or injure the
environment or agricultural resources in the State or political
subdivision. The request should contain detailed information, including
quantitative estimates, if available, about what harm or injury would
result from the introduction or dissemination of the biological control
organism, noxious weed, or plant pest in the State or political
subdivision;
(4) Specific information showing that the State or political
subdivision has characteristics that make it particularly vulnerable to
the biological control organism, noxious weed, or plant pest, such as
unique plants, diversity of flora, historical concerns, or any other
special basis for the request for additional restrictions or
prohibitions; and
(5) Information detailing the proposed additional prohibitions or
restrictions and scientific data demonstrating that the proposed
additional prohibitions or restrictions are necessary and adequate, and
that there is no less drastic action that is feasible and that would be
adequate, to prevent the introduction or spread of the biological
control organism, noxious weed, or plant pest in the State or political
subdivision.
(b) All special need requests must be submitted to the Deputy
Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L.
Whitten Federal Building, 14th Street and Independence Avenue, SW., Room
301-E, Washington, DC 20250.
Sec. 301.1-3 Action on special need requests.
(a) Upon receipt of a complete special need request submitted in
accordance with Sec. 301.1-2, APHIS will publish a notice in the
Federal Register to inform the public of the special need request and to
make the request and its supporting information available for review and
comment for at least 60 days.
(b) Following the close of the comment period, APHIS will publish
another notice announcing the Administrator's decision to either grant
or deny the special need request. The Administrator's determination will
be based upon the evaluation of the information submitted by the State
or political subdivision of a State in support of its request and would
take into account any comments received.
[[Page 14]]
(1) If the Administrator grants the special need request, the State
or political subdivision of a State will be authorized to impose only
the specific prohibitions or restrictions identified in the request and
approved by APHIS. APHIS will coordinate with the State, or with the
State on behalf of the political subdivision of the State, to ensure
that the additional prohibitions or restrictions are in accord with the
special need exception granted by the Administrator.
(2) If the Administrator denies the special need request, the State
or political subdivision of a State will be notified in writing of the
reason for the denial and may submit any additional information the
State or political subdivision of a State may have in order to request a
reconsideration.
(c) If granted, a special need exception will be applicable for 2
years, at the end of which the State or political subdivision of a State
must submit a request for renewal of the exception. A special need
renewal request must address the same criteria as the initial request
submitted under Sec. 301.1-2 and must show that a special need still
exists that warrants the continuation of the special need exception. The
renewal must be submitted no sooner than 6 months and no later than 3
months prior to the end of the 2-year applicability period for the
initial exception. Once a special need renewal request has been
received, APHIS will follow the same notice and comment process outlined
in paragraphs (a) and (b) of this section. If, by the end of the 2-year
applicability period, the State or political subdivision of a State does
not submit a special need renewal request, the State's or political
subdivision's special need exception will lapse and the State or
political subdivision of a State will have to reapply for the special
need exception.
(d) If the Administrator determines that there is a need for the
withdrawal of a special need exception before the renewal date of the
special need exception, the reasons for the withdrawal would be
communicated to the State or to the political subdivision of the State
and APHIS will publish a notice in the Federal Register to inform the
public of the withdrawal of the special need exception and to make the
information supporting the withdrawal available for review and comment
for at least 60 days. Reasons for withdrawal of approval of a special
need exception may include, but are not limited to, the availability of
new scientific data or changes in APHIS regulations. Following the close
of the comment period, APHIS will publish another notice announcing the
Administrator's decision to either withdraw or uphold the special need
exception. The Administrator's determination will be based upon the
evaluation of the information submitted in support of the withdrawal and
would take into account any comments received.
(Approved by the Office of Management and Budget under control number
0579-0291)
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:
[[Page 15]]
(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_Fruit Flies
Source: 73 FR 32432, June 9, 2008, unless otherwise noted.
Sec. 301.32 Restrictions on interstate movement of regulated articles.
(a) No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart. \1\
---------------------------------------------------------------------------
\1\ Permit and other requirements for the interstate movement of any
of the fruit flies regulated under this subpart are contained in part
330 of this chapter.
---------------------------------------------------------------------------
(b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides
that the Secretary of Agriculture may, under certain conditions, hold,
seize, quarantine, treat, apply other remedial measures to, destroy, or
otherwise dispose of any plant, plant pest, plant product, article, or
means of conveyance that is moving, or has moved into or through the
United States or interstate if the Secretary has reason to believe the
article is a plant pest or is infested with a plant pest at the time of
movement.
Sec. 301.32-1 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.
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of fruit flies 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
packinghouse 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 this subpart.
Core area. The area within a circle surrounding each site where
fruit flies have been detected using a \1/2\-mile radius with the
detection site as a center point.
Day degrees. A unit of measurement used to measure the amount of
heat required to further the development of fruit flies through their
life cycle. Day-degree life cycle requirements are calculated through a
modeling process specific for each species of fruit fly.
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. 301.32-4(c).
Dripline. The line around the canopy of a plant.
Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly,
Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote
fruit fly, or West Indian fruit fly, or other species of insects found
in the family Tephritidae, collectively.
Infestation. The presence of fruit flies or the existence of
circumstances that makes it reasonable to believe that fruit flies are
present.
Inspector. Any employee of APHIS 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
[[Page 16]]
a compliance agreement affirms that the regulated article identified on
the document is eligible for interstate movement in accordance with
Sec. 301.32-5(b) 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.
Melon fruit fly. The insect known as the melon fruit fly, Bactrocera
cucurbitae (Coquillett), in any stage of development.
Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha
ludens (Loew), in any stage of development.
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.
Oriental fruit fly. The insect known as Oriental fruit fly,
Bactrocera dorsalis (Hendel), in any stage of development.
Peach fruit fly. The insect known as peach fruit fly, Anastrepha
zonata (Saunders), in any stage of development.
Person. Any individual, partnership, corporation, association, joint
venture, or other legal entity.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service that has been 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, designated
as a quarantined area in accordance with Sec. 301.32-3.
Regulated article. Any article listed in Sec. 301.32-2 or otherwise
designated as a regulated article in accordance with Sec. 301.32-2(d).
Sapote fruit fly. The insect known as the sapote fruit fly,
Anastrepha serpentina, in any stage of development.
State. Any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, the Virgin Islands of the United
States, or any other territory or possession of the United States.
West Indian fruit fly. The insect known as the West Indian fruit
fly, Anastrepha obliqua (Macquart), in any stage of development.
Sec. 301.32-2 Regulated articles.
(a) In the following table, the berry, fruit, nut, or vegetable
listed in each row in the left column is a regulated article for each of
the fruit fly species listed in that row in the right column, unless the
article is canned, dried, or frozen below -17.8 [deg]C (0 [deg]F):
------------------------------------------------------------------------
Botanical name Common name(s) Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus = Okra.............. Melon, Peach.
Hibiscus esculentus.
Acca sellowiana = Feijoa Pineapple guava... Mediterranean,
sellowiana. Oriental, Peach.
Actinidia chinensis............. Kiwi.............. Mediterranean.
Aegle marmelos.................. Indian bael....... Peach.
Anacardium occidentale.......... Cashew............ Oriental.
Annona cherimola................ Cherimoya......... Mexican, Oriental,
Peach.
Annona glabra................... Pond-apple........ Sapote.
Annona muricata................. Soursop........... Melon, Oriental,
Peach.
Annona reticulata............... Custard apple, Melon, Mexican,
Annona. Oriental, Peach.
Annona squamosa................. Custard apple..... Peach.
Artocarpus altilis.............. Breadfruit........ Oriental.
Artocarpus heterophyllus........ Jackfruit......... Oriental.
Averrhoa carambola.............. Carambola, Country Oriental, West
gooseberry. Indian.
Benincasa hispida............... Melon, Chinese.... Melon.
Brassica juncea................. Mustard, leaf..... Melon.
Brassica oleracea var. botrytis. Cauliflower....... Melon.
Brosimum alicastrum............. Ram[oacute]n...... West Indian.
Byrsonima crassifolia........... Nance............. Sapote.
Calophyllum inophyllum.......... Alexandrian- Oriental.
laurel, Laurel.
Cananga odorata................. Ylang-Ylang....... Oriental.
Capsicum annum.................. Pepper, chili..... Mediterranean,
Melon, Oriental.
Capsicum frutescens............. Pepper, tabasco... Mediterranean,
Melon.
Capsicum frutescens abbreviatum. Oriental bush red Oriental.
pepper.
Capsicum frutescens var. grossum Pepper, sweet..... Oriental.
[[Page 17]]
Carica papaya................... Papaya............ Mediterranean,
Melon, Oriental,
Peach.
Carissa grandiflora............. Natal plum........ Oriental.
Carissa macrocarpa.............. Natal plum........ Mediterranean.
Casimiroa edulis................ Sapote, white..... Mediterranean.
Casimiroa greggii = Sargentia Sargentia, yellow Mexican.
greggii. chapote.
Casimiroa spp................... Sapote............ Mexican.
Cereus coerulescens............. Cactus............ Oriental.
Chrysophyllum cainito........... Star apple........ Oriental, Sapote.
Chrysophyllum oliviforme........ Caimitillo........ Oriental.
Citrofortunella japonica........ Orange, calamondin Peach.
Citrullus colocynthis........... Colocynth......... Melon.
Citrullus lanatus = Citrullus Watermelon........ Melon, Peach.
vulgaris.
Citrullus spp................... Melon............. Melon.
Citrus aurantiifolia............ Lime.............. Mediterranean,
Mexican, \1\
Oriental, Peach.
Citrus aurantium................ Orange, sour...... Mediterranean,
Mexican,
Oriental, Peach.
Citrus jambhiri................. Lemon, Rough...... Mediterranean.
Citrus latifolia................ Lime, Persian..... Oriental.
Citrus limon.................... Lemon............. Mediterranean, \2\
Mexican, \3\
Oriental, Peach.
Citrus limon x reticulata....... Lemon, Meyer...... Mediterranean.
Citrus madurensis = Orange, Panama.... Sapote.
xCitrofortunella mitis.
Citrus maxima = Citrus grandis.. Pummelo or Mediterranean,
Shaddock. Mexican,
Oriental, Peach.
Citrus medica................... Citrus citron..... Mediterranean,
Mexican, Peach.
Citrus paradisi................. Grapefruit........ Mediterranean,
Melon, Mexican,
Oriental, Peach.
Citrus reticulata............... Mandarin orange, Mediterranean,
tangerine. Mexican,
Oriental, Peach.
Citrus reticulata var. Unshu.... Orange, Unshu..... Mediterranean,
Oriental.
Citrus reticulata x C. sinensis Orange, king...... Mediterranean,
= Citrus nobilis. Melon, Oriental,
Peach.
Citrus reticulata x Fortunella.. Orange, calamondin Mediterranean,
Mexican,
Oriental.
Citrus sinensis................. Orange, sweet..... Mediterranean,
Melon, Mexican,
Oriental, Peach.
Citrus spp...................... Citrus............ Sapote.
Clausena lansium................ Wampi............. Oriental.
Coccinia spp.................... Gourds............ Melon, Peach.
Coccoloba uvifera............... Seagrape.......... Oriental.
Coffea arabica.................. Coffee, Arabian... Oriental.
Cresentia spp................... Gourds............ Melon, Peach.
Cucumis melo and Cucumis melo Cantaloupe........ Melon, Peach.
var. Cantalupensis.
Cucumis melo var. conomon....... Melon, oriental Melon.
pickling.
Cucumis pubescens and Cucumis Cucurbit.......... Melon.
trigonus.
Cucumis sativus................. Cucumber.......... Melon, Oriental,
Peach.
Cucumis utilissimus............. Melon, long....... Peach.
Cucurbita maxima................ Squash............ Melon.
Cucurbita moschata.............. Pumpkin, Canada... Melon.
Cucurbita pepo.................. Pumpkin........... Melon.
Cydonia oblonga................. Quince............ Mexican,
Mediterranean,
Oriental, Peach,
Sapote.
Cyphomandra betaceae............ Tomato, tree...... Melon.
Diospyros digyna................ Black sapote...... Sapote.
Diospyros discolor.............. Velvet apple...... Oriental.
Diospyros khaki................. Japanese persimmon Mediterranean,
Oriental.
Diospyros spp................... Sapote............ Sapote, West
Indian.
Dovyalis hebecarpa.............. Kitembilla........ Oriental, Sapote,
West Indian.
Dracena draco................... Dragon tree....... Oriental.
Elaeocarpus angustifolius....... Blue marbletree; Peach.
New Guinea
quandong.
Elaeocarpus grandiflorus........ Lily of the valley Peach.
tree.
Elaeocarpus madopetalus......... Ma-kok-nam........ Peach.
Eriobotrya japonica............. Loquat............ Mediterranean,
Oriental, Peach,
West Indian.
Eugenia brasiliensis = E. Brazil-cherry, Mediterranean,
dombeyi. grumichama. Oriental, Peach.
Eugenia malaccensis............. Malay apple....... Oriental.
Eugenia uniflora................ Surinam cherry.... Mediterranean,
Oriental, Peach.
Euphoria longan................. Longan............ Oriental.
Ficus benghalensis.............. Fig, Banyan....... Peach.
Ficus carica.................... Fig............... Mediterranean,
Melon, Oriental,
Peach.
Ficus macrophylla............... Fig, Moreton Bay.. Peach.
Ficus retusa.................... Fig, glossy leaf.. Peach.
[[Page 18]]
Ficus rubiginosa................ Fig, Port Jackson. Peach.
Ficus spp....................... Fig............... Peach.
Fortunella japonica............. Chinese Orange, Mediterranean,
Kumquat. Oriental, Peach.
Garcinia celebica............... Gourka............ Oriental.
Garcinia mangostana............. Mangosteen........ Oriental.
Grewia asiatica................. Phalsa............ Peach.
Jubaea chilensis = Jubaea Syrup palm........ Oriental.
spectabilis.
Juglans hindsii................. Walnut............ Oriental.
Juglans regia................... Walnut, English... Oriental.
Juglans spp..................... Walnut with husk.. Mediterranean.
Lablab purpureus subsp. Bean, hyacinth.... Melon.
purpureus = Dolichos lablab.
Lagenaria spp................... Gourds............ Melon, Peach.
Luffa acutangula................ Gourd, ribbed or Peach.
ridged, luffa.
Luffa aegyptiaca................ Gourd, smooth Peach.
luffa, sponge.
Luffa spp....................... Gourds............ Melon, Peach.
Luffa vulgaris.................. Gourd............. Peach.
Lychee chinensis................ Lychee nut........ Oriental
Lycopersicon esculentum......... Tomato............ Mediterranean, \4\
Melon, Oriental,
Peach.
Madhuca indica = Bassia Mahua, mowra- Peach.
latifolia. buttertree.
Malpighia glabra................ Cherry, Barbados.. Oriental, West
Indian.
Malpighia punicifolia........... West Indian cherry Oriental.
Malus sylvestris................ Apple............. Mediterranean,
Melon, Mexican,
Oriental, Sapote,
Peach.
Mammea americana................ Mammy apple....... Mexican, Oriental,
Peach, Sapote.
Mangifera foetida............... Mango, Bachang.... Peach.
Mangifera indica................ Mango............. All.
Mangifera odorata............... Kuine............. Peach.
Manilkara hexandra.............. Sapodilla, balata. Peach.
Manilkara jaimiqui subsp. Sapodilla, wild... Peach.
emarginata.
Manilkara zapota................ Sapodilla, chiku.. Oriental, Peach,
Sapote, West
Indian.
Mimusops elengi................. Spanish cherry.... Mediterranean,
Oriental.
Momordica balsamina............. Balsam apple, Peach.
hawthorn.
Momordica charantia............. Balsam pear, Peach.
bitter melon.
Momordica cochinchinensis....... Balsam apple, gac. Peach.
Momordica spp................... Gourds............ Melon, Peach.
Morus nigra..................... Mulberry.......... Oriental.
Murraya exotica................. Mock orange....... Mediterranean,
Oriental.
Musa x paradisiaca = Musa Banana............ Oriental.
paradisiaca subsp. sapientum.
Musa acuminata = Musa nana...... Banana, dwarf..... Oriental.
Ochrosia elliptica.............. Orange, bourbon... Peach.
Olea europea.................... Olive............. Mediterranean.
Opuntia ficus-indica = Opuntia Prickly pear...... Oriental.
megacantha.
Opuntia spp..................... Opuntia cactus.... Mediterranean.
Passiflora edulis............... Passionflower, Melon, Oriental,
passionfruit, West Indian.
yellow lilikoi.
Passiflora laurifolia........... Lemon, water...... Melon.
Passiflora ligularis............ Granadilla, sweet. Oriental.
Passiflora quadrangularis....... Granadilla, giant. West Indian.
Passiflora tripartita var. Passionflower, Oriental.
mollissima. softleaf.
Persea americana................ Avocado........... Mediterranean,
Melon, Mexican,
Oriental, Peach,
Sapote.
Phaseolus lunatus = Phaseolus Bean, lima........ Melon.
limensis.
Phaseolus vulgaris.............. Bean, mung........ Melon.
Phoenix dactylifera............. Date palm......... Mediterranean,
Melon, Oriental,
Peach.
Planchonia careya = Careya Patana oak, kumbhi Peach.
arborea.
Pouteria caimito................ Abiu.............. Sapote.
Pouteria campechiana............ Eggfruit tree..... Oriental, Sapote.
Pouteria obovata................ Lucmo............. Sapote.
Pouteria viridis................ Sapote, green..... Sapote.
Prunus americana................ Plum, American.... Mediterranean,
Mexican,
Oriental, Peach.
Prunus armeniaca................ Apricot........... Mediterranean,
Mexican,
Oriental, Peach.
Prunus avium.................... Sweet cherry...... Mediterranean,
Peach.
Prunus cerasus.................. Sour cherry....... Mediterranean,
Peach.
Prunus domestica................ Plum, European.... Mediterranean,
Mexican,
Oriental, Peach.
Prunus dulcis = P. amygdalus.... Almond with husk.. Mediterranean,
Peach \5\.
Prunus ilicifolia............... Cherry, Catalina.. Oriental, Peach.
Prunus lusitanica............... Cherry, Portuguese Oriental, Peach.
Prunus persica.................. Peach............. All.
Prunus persica var. nectarine... Nectarine......... Mediterranean,
Mexican,
Oriental, Peach.
[[Page 19]]
Prunus salicina................. Japanese plum..... Mediterranean,
Mexican, Peach,
West Indian.
Prunus salicina x Prunus Methley plum...... Peach.
cerasifera.
Psidium cattleianum............. Strawberry guava, Mediterranean,
Cattley guava. Melon, Oriental.
Psidium cattleianum var. Yellow strawberry Peach.
cattleianum f. lucidum. guava.
Psidium cattleianum var. Red strawberry Oriental, West
littorale. guava. Indian, Peach.
Psidium guajava................. Guava............. All.
Punica granatum................. Pomegranate....... Mediterranean,
Mexican,
Oriental, Peach.
Pyrus communis.................. Pear.............. All.
Pyrus pashia.................... Kaeuth............ Peach.
Pyrus pyrifolia................. Pear, sand........ Peach.
Rhodomyrtus tomentosa........... Myrtle, downy rose Oriental.
Sandoricum koetjape............. Santol............ Oriental.
Santalum album.................. Sandalwood, white. Oriental.
Santalum paniculatum............ Sandalwood........ Oriental.
Sapotaceae...................... Sapota, Sapodilla. Mexican.
Sechium edule................... Chayote........... Melon.
Sesbania grandiflora............ Scarlet wisteria Melon.
tree.
Sicyes sp....................... Cucumber, bur..... Melon.
Solanum aculeatissimum.......... Nightshade........ Peach.
Solanum mauritianum = S. Tobacco, wild..... Peach.
auriculatum.
Solanum melongena............... Eggplant.......... Mediterranean, \6\
Melon, Peach.
Solanum muricatum............... Pepino............ Oriental, Peach.
Solanum pseudocapsicum.......... Jerusalem cherry.. Oriental, Peach.
Solanum seaforthianum........... Nightshade, Peach.
Brazilian.
Solanum verbascifolium.......... Nightshade, Peach.
Mullein.
Spondias dulcis = Spondias Otaheite apple, Oriental, West
cytherea. Jew plum. Indian.
Spondias mombin................. Hog-plum.......... Sapote, West
Indian.
Spondias purpurea............... Red mombin........ Sapote, West
Indian.
Spondias spp.................... Spanish plum, Mexican.
purple mombin or
Ciruela.
Spondias tuberose............... Imbu.............. Oriental.
Syzygium aquem.................. Water apple, Peach.
watery roseapple.
Syzygium cumini................. Java plum, Peach.
jambolana.
Syzygium jambos = Eugenia jambos Rose apple........ Mediterranean,
Mexican,
Oriental, Peach,
West Indian.
Syzygium malaccense = Eugenia Mountain apple, Mediterranean,
malaccensis. Malay apple. Peach, West
Indian.
Syzygium samarangense........... Java apple........ Peach.
Terminalia bellirica............ Myrobalan, Peach.
belleric.
Terminalia catappa.............. Tropical almond... Oriental, Peach.
Terminalia chebula.............. Myrobalan, black Mediterranean,
or chebulic. Oriental, Peach.
Thevetia peruviana.............. Yellow oleander... Mediterranean,
Oriental.
Trichosanthis spp............... Gourds............ Melon, Peach.
Vaccinium spp................... Blueberry......... Mediterranean.
Vigna unguiculata............... Cowpea............ Melon.
Vitis spp....................... Grapes............ Mediterranean,
Oriental.
Vitis trifolia.................. Grape............. Melon.
Wikstroemia phillyreifolia...... Akia.............. Oriental.
Ziziphus mauritiana............. Chinese date, Peach.
jujube.
------------------------------------------------------------------------
\1\ Sour limes are not regulated articles for Mexican fruit fly.
\2\ Only yellow lemons are regulated articles for Mediterranean fruit
fly.
\3\ Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour
lemon) are not regulated articles for Mexican fruit fly.
\4\ Only pink and red ripe tomatoes are regulated articles for
Mediterranean fruit fly.
\5\ Harvested almonds with dried husks are not regulated articles for
peach fruit fly.
\6\ Commercially produced eggplants are not regulated articles for
Mediterranean fruit fly.
(b) Plants of the following species in the family Curcurbitaceae are
regulated articles for the melon fruit fly only:
Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes spp.)
Cucurbit (Cucumis pubescens and C. trigonus)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and
Trichosanthis spp.)
Gourd, angled luffa (Luffa acutangula)
Gourd, balsam apple (Momordica balsaminia)
Gourd, ivy (Coccinia grandis)
Gourd, kakari (Momordica dioica)
Gourd, serpent cucumber (Trichosanthis anguina)
Gourd, snake (Trichosanthis cucumeroides)
Gourd, sponge (Luffa aegyptiaca)
Gourd, white flowered (Lagenaria siceraria)
[[Page 20]]
Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)
(c) Soil within the dripline of the plants listed in paragraph (b)
of this section or plants that are producing or have produced any
article listed in paragraph (a) of this section.
(d) Any other product, article, or means of conveyance not listed in
paragraphs (a), (b), or (c) of this section that an inspector determines
presents a risk of spreading fruit flies, when the inspector notifies
the person in possession of the product, article, or means of conveyance
that it is subject to the restrictions of this subpart.
[73 FR 34232, June 9, 2008, as amended at 75 FR 12962, Mar. 18, 2010]
Sec. 301.32-3 Quarantined areas.
(a) Designation of quarantined areas. In accordance with the
criteria listed in paragraph (c) of this section, the Administrator will
designate as a quarantined area each State, or each portion of a State,
in which a fruit fly population subject to the regulations in this
subpart has been found by an inspector, or in which the Administrator
has reason to believe that a fruit fly population is present, or that
the Administrator considers necessary to quarantine because of its
inseparability for quarantine enforcement purposes from localities in
which a fruit fly population has been found. The Administrator will
publish the description of the quarantined area on the Plant Protection
and Quarantine Web site, http://www.aphis.usda.gov/plant--health/plant--
pest--info/fruit--flies/index.shtml. The description of the quarantined
area will include the date the description was last updated and a
description of the changes that have been made to the quarantined area.
The description of the quarantined area may also be obtained by request
from any local office of PPQ; local offices are listed in telephone
directories. After a change is made to the quarantined area, we will
publish a notice in the Federal Register informing the public that the
change has occurred and describing the change to the quarantined area.
(b) Designation of an area less than an entire State as a
quarantined area. 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 fruit fly.
(c) Criteria for designation of a State, or a portion of a State, as
a quarantined area. A State, or a portion of a State, will be designated
as a quarantined area when a fruit fly population has been found in that
area by an inspector, when the Administrator has reason to believe that
the fruit fly is present in that area, or when the Administrator
considers it necessary to quarantine that area because of its
inseparability for quarantine enforcement purposes from localities in
which the fruit fly has been found.
(d) Removal of a State, or a portion of a State, from quarantine. A
State, or a portion of a State, will be removed from quarantine when the
Administrator determines that sufficient time has passed without finding
additional flies or other evidence of infestation in the area to
conclude that the fruit fly no longer exists in that area.
Sec. 301.32-4 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. 301.32-5 and 301.32-8;
(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
[[Page 21]]
completely enclosed by a covering adequate to prevent access by 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; and
(3) The regulated article is moved through the quarantined area
without stopping except for refueling or for traffic conditions, such as
traffic lights or stop signs.
(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;
(3) Under conditions specified on the permit and found by the
Administrator to be adequate to prevent the spread of fruit flies; 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.
(d) Hass avocados that are grown or packed in an area quarantined
for Mediterranean, Mexican, or sapote fruit fly and that are moving
interstate from such an area are subject to the following additional
requirements:
(1) Orchard sanitation and safeguarding requirements. (i) Hass
avocado fruit that has fallen from the trees may not be included in
field boxes of fruit to be packed for shipping.
(ii) Harvested Hass avocados must be placed in field boxes or
containers of field boxes that are marked to show the location of the
orchard. The avocados must be moved from the orchard to the packinghouse
within 3 hours of harvest or they must be protected from fruit fly
infestation until moved.
(iii) Hass avocados must be protected from fruit fly infestations
during their movement from the orchard to the packinghouse and must be
accompanied by a field record indicating the location of the orchard
where the avocados originated.
(2) Packinghouse requirements for Hass avocados packed within a
quarantined area. (i) All openings to the outside of the packinghouse
must be covered by screening with openings of not more than 1.6 mm or by
some other barrier that prevents insects from entering the packinghouse.
(ii) The packinghouse must have double doors at the entrance to the
facility and at the interior entrance to the area where the avocados are
packed.
(iii) If the Hass avocados were grown in an orchard within the
quarantined area, the identity of the avocados must be maintained from
field boxes or containers to the shipping boxes in the packinghouse so
that the avocados can be traced back to the orchard in which they were
grown. The avocados must be packed in boxes or crates that are clearly
marked with the identity of the grower and the packinghouse.
(iv) Any boxes of Hass avocados packed in the quarantined area must
be placed in a refrigerated truck or refrigerated container and remain
in that truck or container while in transit through the quarantined
area. Prior to leaving the packinghouse, the truck or container must be
secured with a seal that will be broken when the truck or container is
opened. Once sealed, the refrigerated truck or refrigerated container
must remain unopened until it is outside the quarantined area.
(v) Any avocados that have not been packed or loaded into a
refrigerated truck or refrigerated container by the end of the workday
must be kept inside the screened packinghouse.
(3) Packinghouse requirements for Hass avocados packed outside a
quarantined area but grown within a quarantined area. Hass avocados
grown in an orchard within a quarantined area but packed in a
packinghouse outside the quarantined area must meet the requirements of
paragraph (d)(2)(iii) of this section.
(Approved by the Office of Management and Budget under control numbers
0579-0088 and 0579-0336)
[73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75
FR 12962, Mar. 18, 2010; 76 FR 43807, July 22, 2011]
[[Page 22]]
Sec. 301.32-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate may 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
PPQ offices, which are listed in telephone directories.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.32-10; or
(ii) Based on inspection of the premises of origin, the premises are
free from fruit flies; or
(iii) Based on inspection of the regulated article, the regulated
article is free of fruit flies; or
(iv) The regulated articles are Hass variety avocados that have been
harvested, safeguarded, and packed in accordance with the conditions in
Sec. 301.32-4(d); and
(2) The regulated article will be moved through the quarantined area
in an enclosed vehicle or will be completely enclosed by a covering
adequate to prevent access by fruit flies; and
(3) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose under
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the
spread of fruit flies; and
(4) 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 \4\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\4\ See footnote 3.
---------------------------------------------------------------------------
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, processing, or utilization (the
destination and other conditions to be listed in the limited permit),
and this interstate movement will not result in the spread of fruit
flies because life stages of the fruit flies will be destroyed by the
specified handling, processing, or utilization;
(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) to prevent the
spread of fruit flies; 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 the interstate movement of
regulated articles may be issued by an inspector or person operating
under a compliance agreement. A person operating under a compliance
agreement may issue a certificate for the interstate movement of a
regulated article if an inspector has determined that the regulated
article is eligible for a certificate in accordance with paragraph (a)
of this section. A person operating under a compliance agreement may
issue a limited permit for interstate movement of a regulated article
when an inspector has determined that the regulated article is eligible
for a limited permit in accordance with paragraph (b) of this section.
(d) Any certificate or limited permit that has been issued may be
withdrawn, either orally or in writing, by an inspector if he or she
determines that the holder of the certificate or limited permit has not
complied with all conditions in this subpart for the use of the
certificate or limited permit. If the withdrawal is oral, the withdrawal
and the reasons for the withdrawal will be confirmed in writing as
promptly as circumstances allow. Any person whose certificate or limited
permit has been withdrawn may appeal the decision in writing to the
Administrator within 10 days after receiving the written notification of
the withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate or limited permit
was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision. A hearing will be held to resolve any conflict
as to any material fact.
[[Page 23]]
Rules of practice concerning a hearing will be adopted by the
Administrator.
(Approved by the Office of Management and Budget under control numbers
0579-0088 and 0579-0336)
[73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009]
Sec. 301.32-6 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 is aware of this subpart, agrees to comply
with its provisions, and agrees to comply with all the provisions
contained in the compliance agreement. \5\
---------------------------------------------------------------------------
\5\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 134,
Riverdale, MD 20737-1236, and from local PPQ offices, which are listed
in telephone directories.
---------------------------------------------------------------------------
(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
any of the conditions of this subpart or with any of the provisions of
the compliance agreement. 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. 301.32-7 Assembly and inspection of regulated articles.
(a) Any person, other than a person authorized to issue certificates
or limited permits under Sec. 301.32-5(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.
---------------------------------------------------------------------------
\6\ See footnote 3 to Sec. 301.32-5(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. 301.32-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article must, 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:
Provided, however, that if the certificate or limited permit is attached
to the consignee's copy of the waybill, the regulated article must be
sufficiently described on the certificate or limited permit and on the
waybill to identify the regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier to the consignee
listed on the certificate or limited permit upon arrival at the location
provided on the certificate or limited permit.
(Approved by the Office of Management and Budget under control number
0579-0088)
Sec. 301.32-9 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.
[[Page 24]]
Sec. 301.32-10 Treatments.
Regulated articles may be treated in accordance with part 305 of
this chapter to neutralize fruit flies. The following treatments also
may be used for the regulated articles indicated:
(a) Soil within the dripline of plants that are producing or have
produced regulated articles listed Sec. 301.32(a) or (b). The following
soil treatments may be used: Apply diazinon at the rate of 5 pounds
active ingredient per acre to the soil within the dripline with
sufficient water to wet the soil to at least a depth of 0.5 inch. Both
immersion and pour-on treatment procedures are also acceptable.
(b) Premises. Fields, groves, or areas that are located within a
quarantined area but outside the infested core area and that produce
regulated articles may receive regular treatments with either malathion
or spinosad bait spray as an alternative to treating fruits and
vegetables as provided in part 305 of this chapter. These treatments
must take place at 6- to 10-day intervals, starting a sufficient time
before harvest (but not less than 30 days before harvest) to allow for
development of fruit fly egg and larvae. Determination of the time
period must be based on the day degrees model for the specific 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.
[73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010]
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\
---------------------------------------------------------------------------
\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]
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.
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart, a
Berberis plant will be considered clonally propagated only if its parent
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
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
[[Page 25]]
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(d) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia, 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)(1) and (a)(2).
---------------------------------------------------------------------------
\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 not listed as rust-resistant under Sec.
301.38-2 (a)(1) and (a)(2).
Regulated article. Any article listed in Sec. 301.38-2 (a)(1)
through (a)(3) of this subpart or otherwise designated as a regulated
article in accordance with Sec. 301.38-2(a)(4) 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.
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; 71 FR 5778, Feb. 3, 2006]
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 plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species and
varieties.
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. candidula x B. verruculosa `Amstelveen'
[[Page 26]]
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. koreana x B. thunbergii hybrid Bailsel
B. koreana x B. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. `Orange King'
B. lologensis
B. lologensis `Mystery Fire'
B. manipurana
B. media `Dual Jewel'
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 `Ada'
B. thunbergii `Admiration'
B. thunbergii `Amera'
B. thunbergii `Antares'
B. thunbergii argenteo marginata
B. thunbergii `Arlene'
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 `Moretti Select'
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 Carousel \TM\)
B. thunbergii `Bailone'
B. thunbergii `Bailone' (Ruby Carousel [supreg])
B. thunbergii `Bailtwo'
B. thunbergii `Bailtwo' (Burgundy Carousel [supreg])
B. thunbergii `Benita'
B. thunbergii `Bonanza Gold'
B. thunbergii `Breval 8'
B. thunbergii `Celeste'
B. thunbergii `Chloe'
B. thunbergii `Concorde'
B. thunbergii `Crimson Ruby'
B. thunbergii `Crimson Pygmy'
B. thunbergii `Criruzam' Crimson Ruby \TM\
B. thunbergii `Della'
B. thunbergii `Dwarf Jewell'
B. thunbergii `Edda'
B. thunbergii erecta
B. thunbergii `Fay'
B. thunbergii `Fireball'
B. thunbergii `Gail'
B. thunbergii `globe'
B. thunbergii `golden'
B. thunbergii `Golden Carpet'
B. thunbergii `Golden Devine'
B. thunbergii `Golden Pygmy'
B. thunbergii `Golden Rocket'
B. thunbergii `Golden Ruby'
B. thunbergii `Golden Torch'
B. thunbergii `Green Carpet'
B. thunbergii `Grhozam' (Green Hornet \TM\)
[[Page 27]]
B. thunbergii `Harlequin'
B. thunbergii `Helen'
B. thunbergii `Helmond Pillar'
B. thunbergii `Joyce'
B. thunbergii `Kasia'
B. thunbergii `Kobold'
B. thunbergii `Koren'
B. thunbergii `Lime Glow'
B. thunbergii `Lotty'
B. thunbergii `Lustre Green'
B. thunbergii `Maria'
B. thunbergii `Martha'
B. thunbergii maximowiczi
B. thunbergii `Midruzam' Midnight Ruby \TM\
B. thunbergii `Mimi'
B. thunbergii minor
B. thunbergii `Monlers'
B. thunbergii `Monomb'
B. thunbergii `Monry'
B. thunbergii `O'Byrne'
B. thunbergii `Orange Rocket'
B. thunbergii `Painter's Palette'
B. thunbergii `Phoebe'
B. thunbergii `Pink Queen'
B. thunbergii pluriflora
B. thunbergii `Pow Wow'
B. thunbergii `Pyruzam' (Pygmy Ruby \TM\)
B. thunbergii `Red Carpet'
B. thunbergii `Red Rocket'
B. thunbergii `Rosy Rocket'
B. thunbergii `Royal Burgundy'
B. thunbergii `Royal Cloak'
B. thunbergii `Ruth'
B. thunbergii `Sparkle'
B. thunbergii `Sparkler'
B. thunbergii `Talago'
B. thunbergii `Thornless'
B. thunbergii `Tiny Gold'
B. thunbergii `24kagozam' (24 Karat Gold \TM\)
B. thunbergii `Upright Jewell'
B. thunbergii `Velglozam' (Velvet Glow \TM\)
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergii x `Bailsel' (Golden Carousel [supreg])
B. thunbergii x `Tara' (Emerald Carousel [supreg])
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B. x carminea `Pirate King'
B. x frikartii `Amstelveen'
(2) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species and varieties, 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. `Bokasio' Sioux
M. `Bokrafoot' Blackfoot
M. dictyota
M. fortunei
M. `Golden Abundance'
M. japonica
M. japonica x M. lomariifolia `Charity'
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata `Ken Hartman'
M. piperiana
M. pumila
M. repens
M. x media `Charity'
M. x media `Lionel Fortescue'
M. x media `Winter Sun'
(3) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for
decorative purposes.
(4) Any other product or article not listed in paragraphs (a)(1)
through (a)(3) 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
[[Page 28]]
to paragraph (a)(1) or (a)(2) of this section. The person requesting
that a rust-resistant variety be added to paragraph (a)(1) or (a)(2) 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, as amended at 71 FR 5778, Feb. 3, 2006; 72
FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007; 75 FR 29193, May
25, 2010; 75 FR 54462, Sept. 8, 2010; 78 FR 27856, May 13, 2013]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(d) 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,
[[Page 29]]
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 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 (d) 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; 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. Interstate movement of regulated articles
into or through any State or area that is not designated as a protected
area under Sec. 301.38-3(d) 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 rust-susceptible Berberis, Mahoberberis, and Mahonia plants,
seeds, fruits, and other plant parts capable of propagation, except
Mahonia cuttings for decorative purposes.
(ii) All seed-propagated plants of the Berberis species and
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this
subpart that are of less than 2 years' growth, and any seeds, fruits,
and other plant parts capable of propagation from such plants.
(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) Seed-propagated plants of at least 2 years' growth, clonally
propagated plants of any age, seeds, fruits, and other plant parts
capable of propagation of the Berberis species and varieties designated
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in Sec. 301.38-2(a)(2) 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; 71
FR 5778, Feb. 3, 2006]
[[Page 30]]
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 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.
---------------------------------------------------------------------------
\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
[[Page 31]]
cancellation will be confirmed, in writing, within 20 days of oral
notification of the cancellation. Any person whose compliance agreement
has been cancelled may appeal the decision, in writing, within 10 days
after receiving written notification of the cancellation. The appeal
must state all of the facts and reasons upon which the person relies to
show that the compliance agreement was wrongfully cancelled. A hearing
will be held to resolve any conflict as to any material fact. An appeal
shall be granted or denied, in writing, as promptly as circumstances
allow, and the reasons for the decision shall be stated. In a non-
protected area, appeal shall be made to the Administrator. The
Administrator shall adopt rules of practice for the hearing. The
compliance agreement will remain cancelled pending decision of the
---------------------------------------------------------------------------
appeal.
[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
[[Page 32]]
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.
Bark. The tough outer covering of the woody stems of trees, shrubs,
and other woody plants as distinguished from the cambium and inner wood.
Bark products. Products containing pieces of bark including bark
chips, bark nuggets, bark mulch, and bark compost.
Certificate. A Plant Protection and Quarantine-approved form, stamp,
or document issued and signed by an inspector, or by a qualified
certified applicator or by any other person operating in accordance with
a compliance agreement, affirming that a specified regulated article is
eligible for interstate movement in accordance with this subpart.
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.
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. A person operating under a compliance agreement is not an
inspector.
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 identified on the document is eligible for interstate movement
in accordance with Sec. 301.45-5 only to the specified destination and
only in accordance with the specified conditions.
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.
OHA document. The self-inspection checklist portion of USDA-APHIS
Program Aid Number 2065, ``Don't Move Gypsy Moth,'' completed and signed
by the owner of an outdoor household article (OHA) affirming that the
owner
[[Page 33]]
has inspected the OHA for life stages of gypsy moth in accordance with
the procedures in the program aid.
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) (7 U.S.C. 136i) as a certified commercial applicator in a
category allowing use of the restricted use pesticides Spray N Kill (EPA
Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and
acephate (Orthene [supreg]); (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 may be obtained from
State departments of agriculture.
---------------------------------------------------------------------------
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 bark and bark products.
(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\ The Gypsy Moth Program Manual may be viewed on the Internet at
http://www.aphis.usda.gov/import--export/plants/manuals/domestic/
downloads/gypsy--moth.pdf.
---------------------------------------------------------------------------
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; 71 FR 40878, July
19, 2006; 72 FR 70764, Dec. 13, 2007; 78 FR 24666, Apr. 26, 2013]
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 Eradication, Suppression, and Slow the Spread alternative of
the Final Environmental Impact Statement (FEIS)
[[Page 34]]
on Gypsy Moth Suppression and Eradication Projects that was filed with
the United States Environmental Protection Agency on January 16, 1996;
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 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.
[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]
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
Cook County. The entire county.
Du Page County. The entire county.
Lake County. The entire county.
McHenry 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.
LaPorte County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
St. Joseph County. The entire county.
Steuben County. The entire county.
Maine
Androscoggin County. The entire county.
Aroostook County. The townships of Amity, Bancroft, Benedicta, Cary
Plantation, Crystal, Dyer Brook, Forkstown, Glenwood Plantation,
Haynesville, Hodgdon, Houlton, Island Falls, Linneus, Macwahoc
Plantation, Molunkus, New Limerick, North Yarmouth Academy Grant,
Oakfield, Orient, Reed Plantation, Sherman, Silver Ridge, Upper
Molunkus, Weston, T1 R5 WELS, T2 R4 WELS, T3 R3 WELS, T3 R4 WELS, T4
R3 WELS, and TA R2 WELS.
Cumberland County. The entire county.
Franklin County. Avon, Carthage, Chesterville, Coplin Plantation,
Crockertown, Dallas Plantation, Davis, Eustis, Farmington, Freeman,
Industry, Jay, Jerusalem, Kingfield,
[[Page 35]]
Lang, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins,
Phillips, Rangeley, Rangeley Plantation, Redington, Salem, Sandy
River Plantation, Strong, Temple, Township 6 North of Weld, Township
D, Township E, Washington, Weld, Wilton, and Wyman.
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, Mount Chase, Newburgh, Newport, Old Town City, Orono,
Orrington, Passadumkeag, Patten, Plymouth, Prentiss Plantation,
Seboeis Plantation, Soldiertown, Springfield, Stacyville, Stetson,
Summit, Veazie, Veazie Gore, Webster Plantation, Winn, Woodville, T1
ND, T1 R6 WELS, T1 R8 WELS, T2 R8 NWP, T2 R8 WELS, T2 R9 NWP, T3 R1
NBPP, T3 R9 NWP, T5 R1 NBPP, T5 R8 WELS, T6 R8 WELS, TA R7, TA R8,
TA R9, and the portion of T3 R8 within the boundaries of Baxter
State Park.
Piscataquis County. The townships of Abbot, Atkinson, Barnard, Blanchard
Plantation, Bowerbank, Brownville, Dover-Foxcroft, Elliotsville,
Greenville, Guilford, Katahdin Iron Works, Kingsbury Plantation,
Lakeview Plantation, Medford, Milo, Monson, Mount Katahdin,
Nesourdnahunk, Orneville, Parkman, Sangerville, Sebec, Shirley,
Trout Brook, Wellington, Williamsburg, Willimantic, T1 R9 WELS, T1
R10 WELS, T1 R11 WELS, T2 R10 WELS, T2 R9 WELS, T3 R10 WELS, T4 R9
NWP, T4 R9 WELS, T5 R9 NWP, T5 R9 WELS, T6 R10 WELS, T7 R9 NWP, TA
R10 WELS, TA R11 WELS, TB R10 WELS, TB R11 WELS, and the portion of
T4 R10 WELS within the boundaries of Baxter State Park.
Sagadahoc County. The entire county.
Somerset County. The townships of Anson, Athens, Bald Mountain, Bigelow,
Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk,
Carrying Place, Carrying Place Town, Concord Plantation, Cornville,
Dead River, Detroit, East Moxie, Embden, Fairfield, Harmony,
Hartland, Highland Plantation, Lexington Plantation, Lower
Enchanted, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New
Portland, Norridgewock, Palmyra, Pierce Pond, Pittsfield, Pleasant
Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans,
Starks, The Forks Plantation, West Forks Plantation, and T3 R4 BKP
WKR.
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.
Minnesota
Cook County. The entire county.
Lake County. The entire county.
[[Page 36]]
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.
Athens County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga 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.
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.
Marion County. The entire county.
Medina County. The entire county.
Monroe 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.
Perry County. The entire county.
Portage County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Vinton County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
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 Covington. 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.
[[Page 37]]
City of Radford. The entire city.
City of Richmond. The entire city.
City of Roanoke. The entire city.
City of Salem. 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.
Bland 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.
Craig 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.
Floyd County. The entire county.
Fluvanna County. The entire county.
Franklin County. The entire county.
Frederick County. The entire county.
Giles 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.
Montgomery 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.
Pulaski County. The entire county.
Rappahannock County. The entire county.
Richmond County. The entire county.
Roanoke County. The entire county.
Rockbridge County. The entire county.
Rockingham County. The entire county.
Shenandoah County. The entire county.
Southampton County. The entire county.
Spotsylvania County. The entire county.
Stafford County. The entire county.
Surry County. The entire county.
Sussex County. The entire county.
Tazewell 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.
Fayette 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.
[[Page 38]]
Hardy County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
McDowell County. The entire county.
Mercer County. The entire county.
Mineral County. The entire county.
Monongalia County. The entire county.
Monroe 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.
Raleigh County. The entire county.
Randolph County. The entire county.
Ritchie County. The entire county.
Summers 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.
Wyoming County. The entire county.
Wisconsin
Adams County. The entire county.
Ashland County. The entire county.
Bayfield County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Clark 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.
Iowa County. The entire county.
Iron County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Juneau 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.
Monroe 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.
Price County. The entire county.
Racine County. The entire county.
Rock County. The entire county.
Sauk 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]
Editorial Note: For Federal Register citations affecting Sec.
301.45-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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 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.
[[Page 39]]
(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
August.
(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 bark and bark products, 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; 71
FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007; 80 FR 12917, Mar.
12, 2015]
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.
(c) Certificate and limited permit forms may be issued by an
inspector to any person for use for subsequent shipments of regulated
articles provided
[[Page 40]]
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 compliance agreement has been
canceled may appeal the decision in writing to the Administrator within
ten
[[Page 41]]
(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. An
owner who wants to move outdoor household articles interstate may self-
inspect the articles and issue an OHA document in accordance with Sec.
301.45-5(e).
[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]
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 State Plant Health Director 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;
72 FR 70764, Dec. 13, 2007]
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 42]]
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 the Federal
government as a commercial certified applicator under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a
category allowing the application of restricted use pesticides.
(2) Noncompliance with any of the provisions of this subpart or with
stipulations agreed on in the compliance agreement between the certified
applicator and the Administrator.
(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;
72 FR 70764, Dec. 13, 2007]
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, Iowa, 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, 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; 71 FR 35493, June 21, 2006]
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
[[Page 43]]
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 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
[[Page 44]]
(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 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]
[[Page 45]]
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.
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.
[[Page 46]]
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 bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
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) of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.50-2(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.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 71
FR 13925, Mar. 20, 2006; 79 FR 21597, Apr. 17, 2014]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark products; Christmas
trees; logs and firewood 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; 71 FR 13925, Mar. 20, 2006; 79 FR 21597, Apr.
17, 2014]
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
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
[[Page 47]]
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:
Connecticut
The entire State.
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.
Cumberland 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.
Effingham County. The entire county.
Fayette County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess County. The entire county.
Kane County. The entire county.
Kankakee County. The entire county.
Kendall County. The entire county.
Knox 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.
Mercer 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.
Rock Island County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Warren 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
The entire State.
Iowa
The entire State.
Maine
Androscoggin County. The entire county.
Cumberland County. The entire county.
Franklin County. The entire county.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
Oxford County. The entire county.
Penobscot County. The entire county.
Piscataquis County. The entire county.
Sagadahoc County. The entire county.
Somerset County. The entire county.
Waldo County. The entire county.
York County. The entire county.
Maryland
Allegany County. The entire county.
Baltimore County. The entire county.
Carroll County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Harford County. The entire county.
Howard County. The entire county.
Montgomery County. The entire county.
Washington County. The entire county.
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
The entire State.
Missouri
Adair County. The entire county.
Clark County. The entire county.
Lewis County. The entire county.
Macon County. The entire county.
Marion County. The entire county.
New Hampshire
The entire State.
New Jersey
The entire State.
New York
Albany County. The entire county.
Allegany County. The entire county.
Broome County. The entire county.
[[Page 48]]
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.
Columbia County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Dutchess 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.
Orange County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Putnam 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.
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.
Ulster County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Westchester County. The entire county.
Wyoming County. The entire county.
Yates County. The entire county.
Ohio
The entire State.
Pennsylvania
The entire State.
Rhode Island
The entire State
Vermont
The entire State.
Virginia
Clarke County. The entire county.
Loudon County. The entire county.
West Virginia
The entire state.
Wisconsin
The entire State.
[57 FR 54496, Nov. 19, 1992]
Editorial Note: For Federal Register citations affecting Sec.
301.50-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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;
[[Page 49]]
(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, if
pine bark products, produced according to the requirements of the
management method in Sec. 301.50-10(b) 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 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 1 through October 31 or if the
regulated article is pine bark products produced from a tree felled and
debarked during the period of July 1 through October 31; 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 pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31, will
be shipped interstate from the quarantined area during the period of
July 1 through October 31 of the same year in which the source tree was
felled; 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
[[Page 50]]
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.''
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
[[Page 51]]
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; 71 FR 13925, Mar. 20, 2006; 75 FR
4240, Jan. 26, 2010]
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]
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(d)), 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;
79 FR 21597, Apr. 17, 2014]
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.
[[Page 52]]
Sec. 301.50-10 Treatments and management method.
(a) Regulated articles may be treated in accordance with part 305 of
this chapter to neutralize the pine shoot beetle.
(b) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must either
be ground into pieces of 1 inch or less in diameter or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less in
size or composted in accordance with the procedure in paragraph (d)(3)
of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200 cubic
yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or
over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first pile and used to cover the second compost pile to a depth of 3
feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material must remain undisturbed
until the interior temperature of the pile reaches 120 [deg]F (49
[deg]C) and remains at or over that temperature for 4 consecutive days.
After this 4-day period, the composting procedure is complete.
[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; 71 FR 13925, Mar. 20, 2006; 75
FR 4240, Jan. 26, 2010]
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).
[[Page 53]]
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), Cercidiphyllum
(katsura), Fraxinus (ash), Koelreuteria (golden rain tree), 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; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug.
23, 2011]
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 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
[[Page 54]]
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:
Massachusetts
Worcester County. The portion of Worcester County, including
portions or all of the municipalities of Worcester, Holden, West
Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line
starting at the intersection of Route 9 (Belmont Street) and the eastern
boundary of the town of Shrewsbury; then follow the Shrewsbury town
boundary northerly until the Boylston town boundary; then follow the
entirety of the Boylston town boundary until it comes to the West
Boylston town boundary on the Massachusetts Department of Conservation
and Recreation Watershed property; then along the West Boylston town
boundary until it intersects Manning Street; then southwest on Manning
Street in Holden to Wachusett Street (Route 31); then south on Wachusett
Street to Highland Street (still Route 31); then southwest on Highland
Street to Main Street; then southeast on Main Street to Bailey Road;
then south on Bailey Road to Chapin Road; then south on Chapin Road to
its end; then continuing in a southeasterly direction to Fisher Road;
then southwest on Fisher Road to Stonehouse Hill Road; then south on
Stonehouse Hill Road to Reservoir Street; then southeast on Reservoir
Street until it intersects the Worcester city boundary; turn south on
Oxford Street to Auburn Street; then southeast on Auburn Street crossing
under the Massachusetts Turnpike (I-90) and continuing southeast on
Millbury Street; at the intersection of Washington Street, turn
northeast and continue along Washington Street to the northern boundary
of the Massachusetts Turnpike (I-90); then east along the northern
boundary of the Massachusetts Turnpike (I-90) to the Auburn town
boundary; then follow the Auburn town boundary northerly to the
Worcester city boundary; continue along the Worcester city boundary
until the Shrewsbury town boundary; then follow the entirety of the
Shrewsbury town boundary until the point of beginning.
New York
New York City. That area in the boroughs of 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 Brooklyn shoreline of
the East River; then east and north along the shoreline of the East
River 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; then north on Hamilton Avenue 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.
Ohio
Clermont County. (1) The portion of Clermont County, including all
of the municipalities of Tate and East Fork State Park, and the portions
of the Township of
[[Page 55]]
Monroe that include the following land parcels: 232609C094, 232609C113,
232609C215, 232609C085, 232609C128, 232609B224, 232609B188, 232609E223,
232609B215, 32609B193, 232609E075, 232609B161, 232609E156, 232609E245,
232609E037, 232609E074, 232609E230, 232609E031, 232609E220, 232609E232,
232609E240, 232609E239, 232609E241, 232609E175, 232609E228, 232609E250,
232609E235, 232609E238, 232609E227, 232609E242, 32609E226, 232609E249,
232609E236, 232609E234, 232609C217, 232609C040, 234715.008, 232609C227,
232609C222, 232609C092, 232609C093, 232609C129, 232609C098, 232609C195,
232609C100, 232609C169, 232609C136, 232609C097, 232609C139, 232609C148,
232609C042, 232609C150, 232609C182, 234715.009, 234715.005, 234715.006,
234715.001, 232609E246, 232609E247, 234715.004, 234715.003, 232609E222,
232609C228, 234425.001, 232609E233, 232609C170, 232609C216, 232609C196,
232609C105, 232609E237, 232609C225, 232609C091, 232609C197, 232609C218,
232609C198, 232609C041, 232609C212, 232609C194, 232609C214, 232609E224,
232609E231, 232609E248, 234715.007, 234715.002, 232609C120, 232609C226,
232609C229, 232609C043; and
(2) The portions of the Townships of Batavia and Stonelick that
include the following land parcels: 302909I048, 304436.008, 302909H084,
302909K030, 022003B040, 012003H093, 025503D053, 022003B024, 302909G132,
304436A017, 304436.004, 302909F109, 012003E028, 012003C087, 012003H097,
022003C080, 302909G120, 302909K046, 302909H083, 302909F116, 012003E031,
012003C085, 022003B039, 302909G128, 302909F120, 302909H095, 302909F104,
012003E029, 012003C086, 022003F033, 302912E118, 302909G119, 302909G115,
302909H082, 302909F115, 012003E027, 302909G010, 022003F015, 302909B081,
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304436.006, 302909B093, 302909K028P, 012003E040, 302909D049, 022003A023,
302909K107, 302909J086, 304436A020, 302909F128, 302909K110, 025503B013,
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302909I025, 012003E034, 302909K044, 304436.010, 302909H093, 302909B040,
012005I010, 025503B012, 302912E135, 302909F132, 302909K032, 304436A015,
302909H085, 302909F112, 022003A078, 012003H102, 022003E020, 302909F131,
302909K059, 302909B015, 302909F119, 302909F125, 302909I096, 012003E023,
022003B038, 302909F022, 302909K108, 302909J041, 302909H088, 302909F113,
302909I024, 012003E033, 012003E035, 302909B083, 302909K031, 304436.009,
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302909K052, 302909F121, 302909K071, 022003A076, 012003C027, 025503B016,
022003B043, 302909K094, 302909G116, 302909H081, 302909F126, 012005I005,
012003H094, 025503B017, 022003B044, 302909K092, 302909K106, 302909E106,
302909K053, 022003G014, 012003I072, 060224.026, 302909G110, 302909D107,
302909K061, 302909E115, 302909K058, 022003F019, 022003C062, 060224.009,
302909G109, 302909H018, 302909E016, 302909K057, 012003E038, 012003E030,
012003D009, 302909G121, 302909G127, 302909H017, 302909E014, 302912B150,
012003C061, 012003E047, 012003C078, 302909G108, 302909E013, 302909H080,
302909K027, 302909K066, 012003C028, 012003E046, 302909H099, 022003B042,
302909H020, 022005G014, 302909K068, 012003C088, 022003B025, 302909G011,
302909H098, 302909H092, 012003E042, 012003E021, 012003E045, 012005I007,
302909J067, 302909K105, 302909G122, 302909G123, 302909G124, 302909G125,
302909G126.
[62 FR 10416, Mar. 7, 1997]
Editorial Note: For Federal Register citations affecting Sec.
301.51-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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
[[Page 56]]
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, 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
[[Page 57]]
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]
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.
[[Page 58]]
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 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]
Editorial Note: For Federal Register citations affecting Sec.
301.52, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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
[[Page 59]]
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 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
[[Page 60]]
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]
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 at www.fdsys.gov.
Sec. 301.52-3 Conditions governing the interstate movement of
regulated articles from quarantined States.
--------------------------------------------------------------------------
\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]
[[Page 61]]
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
(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
[[Page 62]]
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
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.
[[Page 63]]
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.
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
[[Page 64]]
will be given written notice of the termination as soon as practicable.
(c) The following areas are designated as quarantined areas:
Arkansas
Ashley County. The entire county.
Bradley County. The entire county.
Calhoun County. The entire county.
Clark County. The entire county.
Cleveland County. The entire county.
Columbia County. The entire county.
Dallas County. The entire county.
Drew County. The entire county.
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.
Ouachita County. The entire county.
Pike County. The entire county.
Saline County. The entire county.
Sevier County. The entire county.
Union County. The entire county.
Colorado
Boulder County. The entire county.
Boulder County/Larimer County. The 15 acre property at 8200 Highway
7 on the Boulder County/Larimer County line.
Jefferson County. The portion of Jefferson County that is bounded by
a line starting at the Boulder County line proceeding south along the
west side of CO-93 to West 80th Avenue; then east on W. 80th Avenue
(Lyden Road) to the Northwest Boundary marker of Pettridge Park; then
northeast from the Pettridge Park boundary marker, crossing W. 80th
Avenue, to the east fence line, crossing the riparian area, and east
wind fence of the landfill; then north along the east fence line of the
power generation facility; then north, crossing the railroad tracks,
following the fence and power lines to CO-72 (Coal Creek Hwy); then
north, crossing CO-72, following the power line along the west side of
the cell tower site to the Southwest Boundary marker of Department of
Interior, U.S. Fish and Wildlife Service, Rocky Flats National Wildlife
Refuge (RFNWR); continuing north along the west fence line of RFNWR to
the east fence line of National Renewable Energy Laboratory, Wind
Technology Center to CO-128 (West 120th Avenue) to the Boulder County
line.
Weld County. The Township of Erie.
Connecticut
The entire State.
District of Columbia
The entire district.
Georgia
Clayton County. The entire county.
Cobb County. The entire county.
DeKalb County. The entire county.
Fayette County. The entire county.
Fulton County. The entire county.
Gwinnett County. The entire county.
Henry County. The entire county.
Newton County. The entire county.
Rockdale County. The entire county.
Walton County. The entire county.
Whitfield County. The entire county.
Illinois
The entire State.
Indiana
The entire State.
Iowa
The entire State.
Kansas
Johnson County. The entire county.
Leavenworth County. The entire county.
Wyandotte County. The entire county.
Kentucky
The entire State.
Maryland
Allegany County. The entire county.
Anne Arundel County. The entire county.
Baltimore City. The entire city.
Baltimore County. The entire county.
Calvert County. The entire county.
[[Page 65]]
Carroll County. The entire county.
Charles County. The entire county.
Fredrick County. The entire county.
Garrett County. The entire county.
Harford County. The entire county.
Howard County. The entire county.
Montgomery County. The entire county.
Prince George's County. The entire county.
Saint Mary's County. The entire county.
Washington County. The entire county.
Massachusetts
The entire State.
Michigan
Upper Peninsula:
Alger County. The entire county.
Chippewa County. The entire county. [Note: This quarantined area
includes tribal land of the Bay Mills Indian Community. Movement of
regulated articles on those lands is subject to tribal jurisdiction.]
Delta County. The entire county.
Houghton County. The entire county.
Keweenaw County. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Schoolcraft County. The entire county.
Lower Peninsula: All counties, in their entirety (i.e., Alcona,
Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch,
Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton,
Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron,
Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent,
Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason,
Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon,
Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa,
Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph,
Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).
Minnesota
Dakota County. The entire county.
Hennepin County. The entire county.
Houston County. The entire county.
Olmsted County. The entire county.
Ramsey County. The entire county.
Winona County. The entire county.
Missouri
The entire State.
New Hampshire
Hillsborough County. The entire county.
Merrimack County. The entire county.
Rockingham County. The entire county.
New York
The entire State.
North Carolina
Granville County. The entire county.
Person County. The entire county.
Vance County. The entire county.
Warren County. The entire county.
Ohio
The entire State.
Pennsylvania
The entire State.
Tennessee
Anderson County. The entire county.
Blount County. The entire county.
Bradley County. The entire county.
Campbell County. The entire county.
Carter County. The entire county.
Claiborne County. The entire county.
Clay County. The entire county.
Cocke County. The entire county.
Davidson County. The entire county.
Fentress County. The entire county.
Grainger County. The entire county.
Greene County. The entire county.
Hamblen County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hawkins County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Johnson County. The entire county.
Knox County. The entire county.
Loudon County. The entire county.
Macon County. The entire county.
McMinn County. The entire county.
Meigs County. The entire county.
Monroe County. The entire county.
Morgan County. The entire county.
Overton County. The entire county.
Pickett County. The entire county.
Polk County. The entire county.
Putnam County. The entire county.
Rhea County. The entire county.
Roane County. The entire county.
Scott County. The entire county.
Sevier County. The entire county.
[[Page 66]]
Smith County. The entire county.
Sullivan County. The entire county.
Unicoi County. The entire county.
Union County. The entire county.
Washington County. The entire county.
Virginia
The entire State.
West Virginia
The entire State.
Wisconsin
Adams County. The entire county.
Brown County. The entire county.
Buffalo County. The entire county.
Calumet County. The entire county.
Columbia County. The entire county.
Crawford County. The entire county.
Dane County. The entire county.
Dodge County. The entire county.
Door County. The entire county.
Douglas County. The entire county.
Fond du Lac County. The entire county.
Grant County. The entire county.
Iowa County. The entire county.
Jackson County. The entire county.
Juneau County. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
La Crosse County. The entire county.
Lafayette County. The entire county.
Manitowoc County. The entire county.
Milwaukee County. The entire county.
Monroe County. The entire county.
Oneida County. The entire county.
Oneida Indian Reservation. The entire reservation.
Ozaukee County. The entire county.
Racine County. The entire county.
Richland County. The entire county.
Rock County. The entire county.
Sheboygan County. The entire county.
Trempealeau County. The entire county.
Vernon County. The entire county.
Walworth County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Winnebago County. The entire county.
[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; 71 FR 29764, May 24,
2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, Apr. 2, 2007; 72 FR 30460,
June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010; 80
FR 43008, July 21, 2018]
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 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\ 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.
---------------------------------------------------------------------------
(1)(i) Is apparently free of EAB, based on inspection; or the
article or
[[Page 67]]
(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 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
[[Page 68]]
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.
---------------------------------------------------------------------------
(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_South American Cactus Moth
Source: 74 FR 27073, June 8, 2009, unless otherwise noted.
Sec. 301.55 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, upon probable
cause, to stop and inspect persons and means of conveyance moving in
interstate commerce and to hold, 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).
---------------------------------------------------------------------------
Sec. 301.55-1 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 (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
[[Page 69]]
Cactus plants. Any of various fleshy-stemmed plants of the botanical
family Cactaceae.
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of South American cactus moth 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, 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. 301.55-4(c).
Infestation. The presence of the South American cactus moth or the
existence of circumstances that makes it reasonable to believe that the
South American cactus moth may be present.
Inspector. Any employee of APHIS 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.
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. 301.55-5(b) 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.
Plant Protection and Quarantine (PPQ). The Plant Protection and
Quarantine program of the Animal and Plant Health Inspection Service,
United States Department of Agriculture.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.55-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.55-3(b).
Regulated article. Any article listed in Sec. 301.55-2(a) or (b),
or otherwise designated as a regulated article in accordance with Sec.
301.55-2(c).
South American cactus moth. The live insect known as the South
American cactus moth, Cactoblastis cactorum, in any life stage (egg,
larva, pupa, adult).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.55-2 Regulated articles.
The following are regulated articles:
(a) The South American cactus moth, in any living stage of its
development. \2\
---------------------------------------------------------------------------
\2\ Permit and other requirements for the interstate movement of
South American cactus moths are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) Cactus plants or parts thereof (excluding seeds and canned,
preserved, or frozen pads or fruits) of the following genera: Consolea,
Cylindropuntia, Nopalea, and Opuntia.
(c) Any other product, article, or means of conveyance not listed in
paragraphs (a) or (b) of this section that an inspector determines
presents a risk of spreading the South American cactus moth, after the
inspector provides written notification to the person in possession of
the product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
Sec. 301.55-3 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 South
American cactus moth has been found by an inspector, in which the
Administrator has reason to believe that the South American cactus moth
is present, or that the Administrator considers necessary to quarantine
because of its inseparability for quarantine enforcement purposes from
localities where South American cactus moth has been found.
[[Page 70]]
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 be adequate to prevent the interstate spread of the South
American cactus moth.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
the criteria specified in paragraph (a) of this section. The
Administrator will give a copy of this regulation along with written
notice of the temporary 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 will be subject to
this subpart. As soon as practicable, the 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, or, in the case of publicly owned land, the person responsible for
the management of, an area for which designation is terminated will be
given written notice of the termination as soon as practicable.
(c) The following areas are designated as quarantined areas: The
States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South
Carolina.
[74 FR 27073, June 8, 2009, as amended at 75 FR 41074, July 15, 2010]
Sec. 301.55-4 Conditions governing the interstate movement of
regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area \3\ only if moved under the following conditions:
---------------------------------------------------------------------------
\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. 301.555 and 301.55-8;
(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 (such as canvas, plastic, or closely woven cloth) adequate to
prevent access by South American cactus moths 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; and
(3) The regulated article is moved through the quarantined area
without stopping except for refueling or for traffic conditions, such as
traffic lights or stop signs.
(c) Without a certificate or limited permit if the regulated
articles are cactus pads and fruits for consumption from outside the
quarantined area that are being moved in accordance with the protocols
described in a compliance agreement (see Sec. 301.55-6(a)) to a
commercial food warehouse or distribution center within the quarantined
area and the regulated articles remain enclosed by a covering (such as
canvas, plastic, or closely woven cloth) adequate to prevent access by
South American cactus moths while within the quarantined area: and
(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 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 the South
American cactus moth; and
(4) With a tag or label bearing the number of the departmental
permit
[[Page 71]]
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.
Sec. 301.55-5 Issuance and cancellation of certificates and
limited permits.
(a) An inspector \4\ may issue a certificate for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\4\ Services of an inspector may be requested by contacting local
offices of Plant Protection and Quarantine, which are listed in
telephone directories.
---------------------------------------------------------------------------
(1) The regulated article to be moved and all other regulated
articles on the premises have been grown and maintained indoors in a
shadehouse or greenhouse and no other cactus moth host material exists
on the premises outside of a shadehouse or greenhouse;
(2) The regulated article to be moved and all other regulated
articles on the premises are maintained on benches that are kept
separate from benches containing non-host material;
(3) The regulated article to be moved and all other regulated
articles on the premises have been placed on a 21-day insecticide spray
cycle and have been sprayed with Bacillus thuringiensis subsp. kurstaki,
carbaryl, spinosad, or imidaploprid if maintained in the nursery for
longer than 21 days;
(4) The regulated article to be moved has been sprayed with Bacillus
thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to
5 days prior to shipment and inspected and found free of cactus moth egg
sticks and larval damage; and
(5) If the regulated article was moved into the premises from
another premises in a quarantined area listed in Sec. 301.55-3, it was
immediately placed inside the shadehouse or greenhouse and sprayed with
Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or
imidaploprid within 24 hours.
(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, 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 South
American cactus moth because life stages of the South American cactus
moth will be destroyed by the specified handling, processing, or
utilization;
(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
South American cactus moth; and
(3) It is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) Certificates and limited permits for the interstate movement of
regulated articles may be issued by an inspector or person operating
under a compliance agreement. A person operating under a compliance
agreement may issue a certificate or limited permit for interstate
movement of a regulated article after an inspector has determined that
the regulated article is eligible for a certificate or limited permit in
accordance with paragraphs (a) or (b) of this section.
(d) Any certificate or limited permit that has been issued may be
canceled, either orally or in writing, by an inspector whenever the
inspector determines that the holder of the 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
[[Page 72]]
the appeal, in writing, stating the reasons for the decision.
(Approved by the Office of Management and Budget under control number
0579-0337)
Sec. 301.55-6 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 is aware of this subpart, agrees to comply
with its provisions, and agrees to comply with all the provisions
contained in the compliance agreement. \5\
---------------------------------------------------------------------------
\5\ Compliance agreement forms are available without charge from
local Plant Protection and Quarantine offices, which are listed in
telephone directories.
---------------------------------------------------------------------------
(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 or the terms of the compliance agreement. 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, 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. 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
0579-0337)
Sec. 301.55-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue limited
permits under Sec. 301.555(c)) who desires a certificate or limited
permit to move a regulated article interstate must request an inspector
\6\ to examine the articles as far in advance of the desired interstate
movement as possible, but no less than 48 hours before the desired
interstate movement.
---------------------------------------------------------------------------
\6\ See footnote 4.
---------------------------------------------------------------------------
(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. 301.55-8 Attachment and disposition of certificates and
limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article must, 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 or limited permit is attached to the consignee's copy of
the waybill, the regulated article must be sufficiently described on the
certificate or limited permit and on the waybill to identify the
regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier or the carrier's
representative to the consignee listed on the certificate or limited
permit upon arrival at the location provided on the certificate or
limited permit.
(Approved by the Office of Management and Budget under control number
0579-0337)
Sec. 301.55-9 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. APHIS will not be responsible for all 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_Plum Pox
Source: 65 FR 35264, June 2, 2000, unless otherwise noted.
[[Page 73]]
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 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
[[Page 74]]
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:
New York
Niagara County. (1) That area of Niagara County in the Towns of Burt,
Newfane, and Wilson bordered on the north by Lake Ontario; bordered on
the west by Maple Road; then south on Maple Road to Wilson-Burt Road;
then east on Wilson-Burt Road to Beebe Road; then south on Beebe Road to
Ide Road; then east on Ide Road to Route 78 (Lockport-Olcott Road); then
north on Route 78 (Lockport-Olcott Road) to the Lake Ontario shoreline.
(2) That area of Niagara County in the Town of Lewiston bordered on
the west by Porter Center Road starting at its intersection with Route
104 (Ridge Road); then north-northeast on Porter Center Road to Langdon
Road; then east on Langdon Road to Dickersonville Road; then north on
Dickersonville Road to Schoolhouse Road; then east on Schoolhouse Road
to Ransomville Road; then south on Ransomville Road to Route 104 (Ridge
Road); then northeast on Route 104 (Ridge Road) to Simmons Road; then
south on Simmons Road to Albright Road; then east on Albright Road to
Townline Road; then south on Townline Road to Lower Mountain Road; then
west on Lower Mountain Road to Meyers Hill Road; then south on Meyers
Hill Road to Upper Mountain Road; then west on Upper Mountain Road to
Indian Hill Road; then northeast on Indian Hill Road to Route 104 (Ridge
Road); then east on Route 104 (Ridge Road) to Porter Center Road.
(3) That area of Niagara County bordered on the north by Lake
Ontario and on the east by Keg Creek; then south on Keg Creek to Route
18 (Lake Road); then east on Route 18 (Lake Road) to Hess Road; then
south on Hess Road to Drake Settlement Road; then west on Drake
Settlement Road to Transit Road; then north on Transit Road to Route 18
(Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road;
then north on Lockport Olcott Road to the Lake Ontario shoreline.
Orleans County. That area of Orleans County in the Towns of Ridgeway and
Gaines bordered on the north by Route 104 (Ridge Road) at its
intersection with Eagle Harbor Waterport Road; then south on Eagle
Harbor Waterport Road to Eagle Habor Knowlesville Road; then west on
Eagle Harbor Knowlesville Road to Presbyterian Road; then southwest on
Presbyterian Road to Longbridge Road; then south on Longbridge Road to
State Route 31; then west on State Route 31 to Wood Road; then south on
Wood Road to West County House Road; then west on West County House Road
to Maple Ridge Road; then west on Maple Ridge Road to Culvert Road; then
north on Culvert Road to Telegraph Road; then west on Telegraph Road to
Beales Road; then north on Beales Road to Portage Road; then east on
Portage Road to Culvert Rd; then north on Culvert Road to Route 104
(Ridge Road).
Wayne County. (1) That area of Wayne County in the Town of Sodus
bordered on the north by Lake Road at its intersection with Redman Road;
then east on Lake Road to Maple Avenue; then south on Maple Avenue to
Middle Road; then west on Middle Road to Rotterdam Road; then south on
Rotterdam Road to State Route 104; then west on State Route 104 to Pratt
Road; then south on Pratt Road to Ridge
[[Page 75]]
Road; then west on Ridge Road to Richardson Road; then south on
Richardson Road to Tripp Road; then south on Tripp Road to Podger Road;
then west on Podger Road to East Townline Road; then north on East
Townline Road to Everdyke Road; then west on Everdyke Road to Russell
Road; then south on Russell Road to Pearsall Road; then west on Pearsall
Road to State Route 21; then north on State Route 21 to State Route 104;
then east on State Route 104 to East Townline Road; then north on East
Townline Road to Van Lare Road; then east on Van Lare Road to Redman
Road; then north on Redman Road to Lake Road.
(2) That area of Wayne County in the Towns of Ontario and Williamson
bordered on the north by Shepard Road at its intersection with Fisher
Road; then east on Shepard Road to Salmon Creek Road; then southwest on
Salmon Creek Road to Kenyon Road; then west on Kenyon Road to Furnace
Road; then north on Furnace Road to Putnam Road; then east on Putnam
Road to Fisher Road; then north on Fisher Road to Shepard Road.
(3) That area of Wayne County in the Town of Sodus beginning on the
Sodus Bay shoreline at Ridge Road; then west on Ridge Road to Boyd Road;
then north on Boyd Road to Sergeant Road; then north on Sergeant Road to
Morley Road; then east on Morley Road to State Route 14; then north on
State Route 14 to South Shore Road; then east on South Shore Road and
continuing to the shoreline of Sodus Bay.
[65 FR 35264, June 2, 2000, as amended at 75 FR 81089, Dec. 27, 2010; 76
FR 27219, May 11, 2011]
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 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
[[Page 76]]
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.
(3) Owners of non-fruit-bearing ornamental tree nurseries. The owner
of a non-fruit-bearing ornamental 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.
----------------------------------------------------------------------------------------------------------------
Maximum compensation Maximum additional Maximum additional
rate ($/acre, equal to compensation ($/acre, compensation ($/acre,
Age of trees (years) 85% of loss in value) equal to 85% of loss in equal to 85% of loss in
based on 3-year fallow value) for 4th fallow value) for 5th fallow
period year year
----------------------------------------------------------------------------------------------------------------
Less than 1.......................... $3,302 $954 $842
1.................................... 11,639 1,936 1,721
2.................................... 16,327 1,936 1,721
3.................................... 20,725 1,936 1,721
4.................................... 26,222 1,936 1,721
5.................................... 28,820 1,936 1,721
6.................................... 29,592 1,936 1,721
7.................................... 29,743 1,936 1,721
8.................................... 29,196 1,936 1,721
9.................................... 28,581 1,936 1,721
10................................... 27,889 1,936 1,721
11................................... 27,110 1,936 1,721
12................................... 26,234 1,936 1,721
13................................... 25,248 1,936 1,721
14................................... 24,140 1,936 1,721
15................................... 22,892 1,936 1,721
16................................... 21,489 1,936 1,721
17................................... 20,054 1,936 1,721
18................................... 18,582 1,936 1,721
19................................... 17,070 1,936 1,721
20................................... 15,513 1,936 1,721
21................................... 13,905 1,936 1,721
22................................... 12,382 1,936 1,721
23................................... 10,955 1,936 1,721
24................................... 9,638 1,936 1,721
25................................... 8,442 1,936 1,721
----------------------------------------------------------------------------------------------------------------
[[Page 77]]
(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 Maximum additional Maximum additional
rate ($/acre, equal to compensation ($/acre, compensation ($/acre,
Age of trees (years) 85% of loss in value) equal to 85% of loss in equal to 85% of loss in
based on 3-year fallow value) for 4th fallow value) for 5th fallow
period year year
----------------------------------------------------------------------------------------------------------------
Less than 1.......................... $3,302 $954 $842
1.................................... 6,959 1,072 953
2.................................... 10,090 1,072 953
3.................................... 12,737 1,072 953
4.................................... 16,263 1,072 953
5.................................... 17,929 1,072 953
6.................................... 18,423 1,072 953
7.................................... 18,519 1,072 953
8.................................... 18,167 1,072 953
9.................................... 17,771 1,072 953
10................................... 17,325 1,072 953
11................................... 16,823 1,072 953
12................................... 16,259 1,072 953
13................................... 15,625 1,072 953
14................................... 14,911 1,072 953
15................................... 14,107 1,072 953
16................................... 13,204 1,072 953
17................................... 12,279 1,072 953
18................................... 11,331 1,072 953
19................................... 10,356 1,072 953
20................................... 9,352 1,072 953
21................................... 8,314 1,072 953
22................................... 7,330 1,072 953
23................................... 6,408 1,072 953
24................................... 5,554 1,072 953
25................................... 4,777 1,072 953
----------------------------------------------------------------------------------------------------------------
(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 $5.22 for plum and apricot trees
and $3.69 for peach and nectarine trees; 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
[[Page 78]]
(B) The average price per tree is $5.22 for plum and apricot trees
and $3.69 for peach and nectarine trees.
(3) Owners of non-fruit-bearing ornamental tree nurseries. Owners of
non-fruit-bearing ornamental tree nurseries who meet the eligibility
requirements of paragraph (a)(3) of this section will be compensated for
up to 85 percent of the net revenues lost from their crop as the result
of the issuance of an emergency action notification. Net revenues will
be calculated using an average price of $10.80 per tree or shrub.
(c) How to apply. The form necessary to submit a claim for
compensation may be obtained from the National Director of the Plum Pox
Eradication Program contact listed at http://www.aphis.usda.gov/plant--
health/plant--pest--info/plum--pox/index.shtml. Claims for trees or
nursery stock destroyed on or before February 3, 2012 must be received
within 60 days after February 3, 2012. Claims for trees or nursery stock
destroyed after February 3, 2012 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 and owners of non-
fruit-bearing ornamental 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 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;
77 FR 5383, Feb. 3, 2012]
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.
Budded citrus nursery stock. Liners or rootstock citrus plants that
have been grafted with a portion of a stem or branch with a vegetative
bud (also known as budwood) that are maintained 1 month after grafting
or until the plant reaches marketability.
Budded container/greenhouse grown citrus plants. Individual, budded
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch
[[Page 79]]
diameter pots until it is sold for commercial use.
Budded field grown citrus plants. Individual, budded citrus nursery
stock maintained in the fields until it is sold for commercial use.
Certificate. An official stamp, form, or other 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.
Certified citrus nursery stock. Citrus nursery stock, such as trees
or plants, grown at a nursery that is in compliance with State
certification requirements and approved for producing citrus nursery
stock for commercial sale.
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 nursery. An establishment engaged in, but not
limited to, the production of certified citrus nursery stock, including
plants for planting or replanting in commercial groves or for wholesale
or retail sales.
Commercial citrus-producing area. Any area designated as a
commercial citrus-producing area in accordance with Sec. 301.75-5 of
this subpart.
Commercial packinghouse. An establishment in which space and
equipment are maintained for the primary purpose of disinfecting and
packing citrus fruit for commercial sale. A commercial packinghouse must
also be licensed, registered, or certified for handling citrus fruit
with the State in which it operates and meet all the requirements for
the license, registration, or certification that it holds.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in the business of
growing, maintaining, processing, handling, packing, or moving 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 stamp, form, or other 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.
Liner or rootstock. Culled seedlings in the growing stage prior to
the budding process.
Lot. The inspectional unit for fruit composed of a single variety of
fruit that has passed through the entire packing process in a single
continuous run not to exceed a single workday (i.e., a run started one
day and completed the next is considered two lots).
Move. Ship, carry, transport, offer for shipment, receive for
shipment, or allow to be transported by any means.
[[Page 80]]
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 nursery stock is grown or maintained.
Nursery stock. Living plants and plant parts intended to be planted,
to remain planted, or to be replanted.
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 nursery stock, regulated plant, regulated
seed, regulated tree. Any fruit, nursery stock, plant, seed, or tree
defined as a regulated article.
Seedlings. Certified citrus seeds densely planted in seed beds and
allowed to germinate and grow until their viability as liners or
rootstock can be assessed.
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; 71 FR 33172,
June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74
FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011]
Sec. 301.75-2 General prohibitions.
(a) Regulated articles may not be moved interstate from a
quarantined area except in accordance with a protocol in Sec. Sec.
301.75-6, 301.75-7, or 301.75-8, or in accordance with Sec. 301.75-4 if
less than an entire State is designated as a quarantined area. Regulated
articles may be moved in accordance with the regulations in Sec.
301.75-9 for scientific or experimental purposes only.
(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; 72 FR 13427,
Mar. 22, 2007]
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.
[[Page 81]]
(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: The State of Florida.
(b) The Administrator may designate any non-quarantined area as a
quarantined area in accordance with paragraphs (c) and (d) of this
section upon giving written notice of this designation to the owner or
persons in possession of the non-quarantined area. Thereafter, regulated
articles may be moved interstate from that area only in accordance with
this subpart. As soon as practicable, this area will be added to the
list in paragraph (a) of this section, or the Administrator will
terminate the designation. The owner or person in possession of an area
for which designation is terminated will be given written notice as soon
as practicable.
(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 part 305 of
this chapter 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 part 305 of
this chapter before leaving the premises where the regulated fruit is
unloaded for packing.
[[Page 82]]
(D)Any equipment that comes in contact with the regulated fruit at
the packing plant is treated in accordance with part 305 of this chapter
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 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 part 305
of this chapter 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.
(3) Inspections. (i) 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, between May 1 through December 31, by an inspector.
(ii) 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.
(4) 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
part 305 of this chapter upon leaving the grove or premises. All
personnel who enter the grove or premises to provide these services must
be treated in accordance with part 305 of this chapter upon leaving the
grove or premises.
(5) 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 37450, Sept. 11, 1990]
Editorial Note: For Federal Register citations affecting Sec.
301.75-4, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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-
[[Page 83]]
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 nursery stock from
a quarantined area.
(a) Regulated nursery stock may not be moved interstate from a
quarantined area unless such movement is authorized in this section.
(b) Kumquat (Fortunella spp.) plants, with or without fruit
attached, 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) The plants are own-root-only and have not been grafted or
budded;
(2) The plants are started, are grown, and have been maintained
solely at the nursery from which they will be moved interstate.
(3) If the plants are not grown from seed, then the cuttings used
for propagation of the plants are taken from plants located on the same
nursery premises or from another nursery that is eligible to produce
kumquat plants for interstate movement under the requirements of this
paragraph (b). Cuttings may not be obtained from properties where citrus
canker is present.
(4) All citrus plants at the nursery premises have undergone State
inspection and have been found to be free of citrus canker no less than
three times. The inspections must be at intervals of 30 to 45 days, with
the most recent inspection being within 30 days of the date on which the
plants are removed and packed for shipment.
(5) All vehicles, equipment, and other articles used in providing
inspection, maintenance, or related services in the nursery must be
treated in accordance with part 305 of this chapter before entering the
nursery to prevent the introduction of citrus canker. All personnel who
enter the nursery to provide these services must be treated in
accordance with part 305 of this chapter before entering the nursery to
prevent the introduction of citrus canker.
(6) If citrus canker is found in the nursery, all regulated plants
and plant material must be removed from the nursery and all areas of the
nursery's facilities where plants are grown and all associated equipment
and tools used at the nursery must be treated in accordance with part
305 of this chapter in order for the nursery to be eligible to produce
kumquat plants to be moved interstate under this paragraph (b). Fifteen
days after these actions are completed, the nursery may receive new
kumquat seed or cuttings from a nursery that is eligible to produce
kumquat plants for interstate movement under this paragraph (b).
(7) The plants, except for plants that are hermetically sealed in
plastic bags before leaving the nursery, are completely enclosed in
containers or vehicle compartments during movement through the
quarantined area.
(8) The kumquat plants or trees are accompanied by a limited permit
issued in accordance with Sec. 301.75-12. The statement ``Limited
permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa,
Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the
United States'' must be displayed on a plastic or metal tag attached to
each plant, or on the box or container if the plant is sealed in
plastic. In addition, this statement must be displayed on the outside of
any shipping containers used to transport these plants, and the limited
permit must be attached to the bill of lading
[[Page 84]]
or other shipping document that accompanies the plants.
(c) Regulated nursery stock produced in a nursery within a
quarantined area may be moved interstate to any area within the United
States, if all of the following conditions are met:
(1) The nursery in which the nursery stock is produced has entered
into a compliance agreement in which it agrees to meet the relevant
construction standards, sourcing and certification requirements,
cleaning, disinfecting, and safeguarding requirements, labeling
requirements, and recordkeeping and inspection requirements specified in
a PPQ protocol document. The protocol document will be provided to the
person at the time he or she enters into the compliance agreement. \1\
The compliance agreement may also specify additional conditions
determined by APHIS to be necessary in order to prevent the
dissemination of citrus canker under which the nursery stock must be
grown, maintained, and shipped in order to obtain a certificate for its
movement. The compliance agreement will also specify that APHIS may
amend the agreement.
---------------------------------------------------------------------------
\1\ The protocol document is also available on the Internet at
http://www.aphis.usda.gov/plant--health/plant--pest--info/citrus/
index.shtml and may be obtained from local Plant Protection and
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------
(2) An inspector has determined that the nursery has adhered to all
terms and conditions of the compliance agreement.
(3) The nursery stock is accompanied by a certificate issued in
accordance with Sec. 301.75-12.
(4) The nursery stock is completely enclosed in a sealed container
that is clearly labeled with the certificate and is moved interstate in
that container.
(5) A copy of the certificate is attached to the consignee's copy of
the accompanying waybill.
(d) Regulated nursery stock produced in a nursery located in a
quarantined area that is not eligible for movement under paragraph (b)
or paragraph (c) of this section may be moved interstate only for
immediate export. The regulated nursery stock must be accompanied by a
limited permit issued in accordance with Sec. 301.75-12 and must be
moved in a container sealed by APHIS directly to the port of export in
accordance with the conditions of the limited permit.
(Approved by the Office of Management and Budget under control number
0579-0369)
[72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75
FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011]
Sec. 301.75-7 Interstate movement of regulated fruit from a
quarantined area.
(a) Regulated fruit produced in a quarantined area or moved into a
quarantined area for packing may be moved interstate with a certificate
issued and attached in accordance with Sec. 301.75-12 if all of the
following conditions are met:
(1) The regulated fruit was packed in a commercial packinghouse
whose owner or operator has entered into a compliance agreement with
APHIS in accordance with Sec. 301.75-13.
(2) The regulated fruit was treated in accordance with part 305 of
this chapter.
(3) The regulated fruit is free of leaves, twigs, and other plant
parts, except for stems that are less than 1 inch long and attached to
the fruit.
(4) If the fruit is repackaged after being packed in a commercial
packinghouse and before it is moved interstate from the quarantined
area, the person that repackages the fruit must enter into a compliance
agreement with APHIS in accordance with Sec. 301.75-13 and issue and
attach a certificate for the interstate movement of the fruit in
accordance with Sec. 301.75-12.
(b) Regulated fruit that is not eligible for movement under
paragraph (a) of this section may be moved interstate only for immediate
export. The regulated fruit must be accompanied by a limited permit
issued in accordance with Sec. 301.75-12 and must be moved in a
container sealed by APHIS directly to the port of export in accordance
with the conditions of the limited permit.
(Approved by the Office of Management and Budget under control number
0579-0325)
[74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010]
[[Page 85]]
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 part 305 of
this chapter.
(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, as amended at 75 FR 4240, Jan. 26, 2010]
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 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 [Reserved]
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 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
[[Page 86]]
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) Except as provided in Sec.
301.75-6(b)(8) for kumquat plants, or in Sec. 301.75-6(c)(4) through
(c)(5) for any regulated nursery stock, 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, as amended at 72 FR 13428, Mar. 22, 2007;
74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011]
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, or any term or condition of the compliance agreement itself. 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;
76 FR 23457, Apr. 27, 2011]
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 87]]
(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 88]]
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 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 acreage, number, and the variety of trees
removed. Your completed application must be sent to the USDA Citrus
Canker Eradication Program, 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; 71 FR 33172,
June 8, 2006]
Sec. 301.75-17 Funds for the replacement of certified citrus
nursery stock.
Subject to the availability of appropriated funds, a commercial
citrus nursery may be eligible to receive funds to replace certified
citrus nursery stock in accordance with the provisions of this section.
(a) Eligibility. A commercial citrus nursery may be eligible to
receive funds to replace certified citrus nursery stock removed to
control citrus canker if the nursery stock was removed pursuant to a
public order after September 30, 2001, and before January 10, 2006.
(b) Certified citrus nursery stock payments. A commercial citrus
nursery that is eligible under paragraph (a) of this section to receive
funds to replace certified citrus nursery stock will, upon approval of
an application submitted in accordance with paragraph (c) of this
section, receive a payment calculated using the following rates:
------------------------------------------------------------------------
Type of certified nursery stock Payment (dollars)
------------------------------------------------------------------------
Seedlings............................. 0.18/plant.
Liners or rootstock................... 1.50/plant.
Budded field grown citrus plants...... 4.00/plant.
Budded container/greenhouse citrus 4.50/plant.
plants.
Citrus nursery stock in containers for
wholesale or retail sale:
1 gallon............................ 5.00/container.
3 gallon............................ 10.00/container.
5 gallon............................ 15.00/container.
7 gallon............................ 20.00/container.
Larger than 7 gallon................ 26.00/container.
------------------------------------------------------------------------
(c) How to apply for certified nursery stock replacement funds. The
form necessary to apply for funds to replace certified nursery stock 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 type of the certified nursery stock removed. If the
certified nursery stock was planted in pots, the inventory should
specify the size of the container. If the certified nursery stock was
bare root plants or in a temporary container, the inventory should
specify whether the plant was non-budded or budded. The completed
application must be sent to the USDA Citrus Canker Eradication
[[Page 89]]
Program, Attn: Commercial Compensation, 10300 Sunset Dr., Suite 150,
Miami, FL 33173. Claims for certified nursery stock must be received by
August 7, 2006.
[71 FR 33172, June 8, 2006]
Subpart_Citrus Greening and Asian Citrus Psyllid
Source: 75 FR 34332, June 17, 2010, unless otherwise noted.
Sec. 301.76 Restrictions on the interstate movement of regulated articles.
No person may move interstate from any quarantined area any articles
regulated for citrus greening and Asian citrus psyllid, except in
accordance with this subpart. \1\
---------------------------------------------------------------------------
\1\ In order to enforce this section, 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 host articles as provided
in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C.
7714, 7731, and 7754).
---------------------------------------------------------------------------
Sec. 301.76-1 Definitions.
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 (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Asian citrus psyllid. The insect known as Asian citrus psyllid
(Diaphorina citri Kuwayama) in any stage of development.
Certificate. A document, stamp, or other means of identification
approved by APHIS and issued by an inspector or person operating under a
compliance agreement when he or she finds that, because of certain
conditions, a regulated article can be moved safely from an area
quarantined for Asian citrus psyllid and/or citrus greening without
spreading the psyllid or the disease.
Citrus greening. A plant disease, also commonly referred to as
Huanglongbing disease of citrus, that is caused by several strains of
the uncultured, phloem-limited bacterial pathogen ``Candidatus
Liberibacter asiaticus''.
Commercial citrus grove. A solid-set planting of trees maintained
for the primary purpose of producing citrus fruit for commercial sale.
Compliance agreement. A written agreement between APHIS and a person
engaged in the business of growing, maintaining, processing, handling,
packing, or moving regulated articles for interstate movement, in which
the person agrees to comply with this subpart. For the purposes of this
subpart, a memorandum of understanding is considered a compliance
agreement.
EPA. The U.S. Environmental Protection Agency.
Established population. Presence of Asian citrus psyllid within an
area that the Administrator determines is likely to persist for the
foreseeable future.
Inspector. An individual authorized by the Administrator to perform
the duties required under this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector or person
operating under a compliance agreement to allow the interstate movement
of regulated articles to a specified destination, for specified
handling, processing, or utilization.
Moved (move, movement). Shipped, offered for shipment, received for
transportation, transported, carried (whether on one's person or by any
other means of conveyance), or allowed to be moved, shipped,
transported, or carried. For the purposes of this subpart, movements
include any type of shipment, including mail and Internet commerce.
Nursery. Any commercial location where nursery stock is grown,
propagated, stored, maintained, or sold, or any location from which
nursery stock is distributed.
Nursery stock. Any plants or plant parts, excluding fruit, intended
to be planted, to remain planted, or to be replanted. Nursery stock
includes, but is not limited to, trees, shrubs, cuttings, grafts,
scions, and buds.
Person. Any association, company, corporation, firm, individual,
joint
[[Page 90]]
stock company, partnership, society, or other entity.
Port. Any place designated by the President, Secretary of the
Treasury, or Congress at which a Customs officer is assigned with
authority to accept entries of merchandise, to collect duties, and to
enforce the various provisions of the Customs and Navigation laws in
force at that place.
Quarantined area. Any State or portion of a State designated as a
quarantined area for Asian citrus psyllid or citrus greening in
accordance with Sec. 301.76-3.
Regulated article. Any article listed in Sec. 301.76-2 or otherwise
designated as a regulated article in accordance with Sec. 301.76-2(c).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012]
Sec. 301.76-2 Regulated articles for Asian citrus psyllid and
citrus greening.
The following are regulated articles for Asian citrus psyllid and
citrus greening:
(a) All plants and plant parts (including leaves), except fruit, of:
Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A.
paniculata, Amyris madrensis, Atalantia spp. (including Atalantia
monophylla), Balsamocitrus dawei, Bergera (=Murraya) koenigii,
Calodendrum capense, Choisya ternate, C. arizonica, X Citroncirus
webberi, Citropsis articulata, Citropsis gilletiana, Citrus madurensis
(= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens, C.
excavata, C. indica, C. lansium, Eremocitrus glauca, Eremocitrus hybrid,
Esenbeckia berlandieri, Fortunella spp., Limonia acidissima, Merrillia
caloxylon, Microcitrus australasica, M. australis, M. papuana, X
Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus
missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa,
Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris
(=Toddalia) lanceolata, and Zanthoxylum fagara.
(b) Propagative seed of the species listed in paragraph (a) of this
section is considered a host of citrus greening but not a host of Asian
citrus psyllid. Therefore, notwithstanding the other provisions of this
subpart, the movement of propagative seed of these species from an area
quarantined for citrus greening is prohibited, while the movement of
such seed from an area quarantined only for Asian citrus psyllid, but
not for citrus greening, is allowed without restriction.
(c) Any other product, article, or means of conveyance may be
designated a regulated article for Asian citrus psyllid or citrus
greening, if an inspector determines that it presents a risk of
spreading these pests, and after the inspector provides written
notification to the person in possession of the product, article, or
means of conveyance that it is subject to the restrictions of this
subpart.
(d) Plant parts of the species listed in paragraph (a) of this
section may be exempted from the regulations in this subpart, provided
that the parts have been processed such that an inspector determines
they no longer present a risk of spreading Asian citrus psyllid or
citrus greening.
Sec. 301.76-3 Quarantined areas; citrus greening and Asian citrus
psyllid.
(a) The Administrator will designate an area as a quarantined area
for citrus greening or as a quarantined area for Asian citrus psyllid in
accordance with the criteria listed in paragraph (c) of this section.
The Administrator will publish a description of all areas quarantined
for citrus greening or Asian citrus psyllid on the Plant Protection and
Quarantine (PPQ) Web site: (http://www.aphis.usda.gov/plant--health/
plant--pest--info/citrus--greening/index.shtml). The description of each
quarantined area will include the date the description was last updated
and a description of any changes that have been made to the quarantined
area. Lists of all quarantined areas may also be obtained by request
from any local office of PPQ; local offices are listed in telephone
directories and on the Internet at (http://www.aphis.usda.gov/services/
report--pest--disease/report--pest--disease.shtml). After a change is
made to the description of quarantined areas, we will publish a
[[Page 91]]
notice in the Federal Register informing the public that the change has
occurred and describing the change to the quarantined areas.
(b) Designation of an area less than an entire State as a
quarantined area. Less than an entire State will be designated as a
quarantined area for citrus greening or the Asian citrus psyllid 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 the entire State as a quarantined
area will prevent the interstate spread of citrus greening or Asian
citrus psyllid.
(c) Criteria for designation of a State, or a portion of a State, as
a quarantined area for citrus greening or Asian citrus psyllid. (1) A
State, or portion of a State, will be designated as a quarantined area
for citrus greening when the presence of citrus greening is confirmed
within the area by an APHIS-administered test.
(2) A State, or portion of a State, will be designated as a
quarantined area for Asian citrus psyllid in which an established
population of Asian citrus psyllids has been detected.
(3) A State, or portion of a State, will be designated as a
quarantined area for either citrus greening or Asian citrus psyllid if
the Administrator considers it necessary to quarantine the area because
of its inseparability for quarantine enforcement purposes from
localities in which citrus greening or an established population of
Asian citrus psyllids has been found.
Sec. 301.76-4 Labeling requirements for regulated nursery stock
produced within an area quarantined for citrus greening.
(a) Effective September 15, 2010, except as provided in paragraphs
(b) and (c) of this section, all regulated nursery stock offered for
commercial sale within an area quarantined for citrus greening must have
an APHIS-approved plastic or metal tag on which a statement alerting
consumers to Federal prohibitions regarding the interstate movement of
the article is prominently and legibly displayed. Alternatively, if the
article is destined for commercial sale in a box or container, the
statement may be printed on the box or container, or printed on a label
permanently affixed to the box or container, provided that, in either
case, the statement is prominently and legibly displayed. The operator
of the site of propagation of the nursery stock and the person offering
the plants for commercial sale are jointly responsible for all such
labeling.
(b) Nursery stock produced within a quarantined area for planting in
a commercial citrus grove within that same area and moved directly to
that grove, without movement outside of the quarantined area, may be
moved without being labeled in accordance with paragraph (a) of this
section.
(c) Nursery stock that will be moved interstate in accordance with
Sec. 301.76-7 may be moved without being labeled in accordance with
paragraph (a) of this section.
(Approved by the Office of Management and Budget under control number
0579-0363)
[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011]
Sec. 301.76-5 General conditions governing the issuance of any
certificate or limited permit; provisions for cancellation of a
certificate or limited permit.
(a) Certificates. In addition to all other relevant conditions
within this subpart, an inspector or person operating under a compliance
agreement will issue a certificate only if a regulated article:
(1) Will 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\ to prevent the spread of Asian
citrus psyllid; 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).
---------------------------------------------------------------------------
(2) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the article.
[[Page 92]]
(b) Limited permits. In addition to all other relevant conditions
within this subpart, an inspector or person operating under a compliance
agreement may issue a limited permit for the interstate movement of a
regulated article only if the regulated article:
(1) 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 movement
of the regulated article will not result in the spread of citrus
greening or the Asian citrus psyllid;
(2) 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) to prevent the spread of citrus greening
and the Asian citrus psyllid; and
(3) Is eligible for interstate movement under all other Federal
domestic plant quarantines and regulations applicable to the article.
(c) Certificates and limited permits for the interstate movement of
a regulated article 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 after he or she has determined that the article is
eligible for a certificate in accordance with paragraph (a) of this
section and all other relevant conditions of this subpart. A person
operating under a compliance agreement may issue a limited permit for
interstate movement of a regulated article after he or she has
determined that the article is eligible for a limited permit in
accordance with paragraph (b) of this section and all other relevant
conditions of this subpart.
(d) Any certificate or limited permit that has been issued may be
withdrawn, either orally or in writing, by an inspector if he or she
determines that the holder of the certificate or limited permit has not
complied with all of the provisions in this subpart or has not complied
with all the conditions contained in the certificate or limited permit.
If the withdrawal is oral, the withdrawal and the reasons for the
withdrawal will be confirmed in writing as soon 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.
(e) Unless specific provisions exist in Sec. 301.76-6 or Sec.
301.76-7 of this subpart to allow the interstate movement of a certain
regulated article, the interstate movement of that article is
prohibited.
(Approved by the Office of Management and Budget under control number
0579-0363)
Sec. 301.76-6 Additional conditions for issuance of certificates
and limited permits for regulated articles moved interstate from areas
quarantined for Asian citrus psyllid, but not for citrus greening.
(a) Additional conditions for issuance of a certificate; any
regulated article. In addition to the general conditions for issuance of
a certificate contained in Sec. 301.76-5(a), an inspector or person
operating under a compliance agreement may issue a certificate for the
interstate movement of any regulated article to any State if:
(1) The article is treated with methyl bromide \3\ in accordance
with 7 CFR part 305 of this chapter.
---------------------------------------------------------------------------
\3\ EPA and State and local environmental authorities may restrict
the use of methyl bromide on certain articles.
---------------------------------------------------------------------------
(2) The article is shipped in a container that has been sealed with
an agricultural seal placed by an inspector.
(3) The container that will be moved interstate is clearly labeled
with the certificate.
(4) A copy of the certificate will be attached to the consignee's
copy of the accompanying waybill.
(b) Additional conditions for issuance of a certificate; regulated
nursery stock. In
[[Page 93]]
addition to the general conditions for issuance of a certificate
contained in Sec. 301.76-5(a), an inspector or person operating under a
compliance agreement may issue a certificate for interstate movement of
regulated nursery stock to any State if:
(1) The nursery in which the nursery stock is produced has entered
into a compliance agreement with APHIS in which it agrees to meet the
relevant construction standards, sourcing and certification
requirements, cleaning, disinfecting, and safeguarding requirements,
labeling requirements, and recordkeeping and inspection requirements
specified in a PPQ protocol document. The protocol document will be
provided to the person at the time he or she enters into the compliance
agreement. \4\ The compliance agreement may also specify additional
conditions determined by APHIS to be necessary in order to prevent the
spread of Asian citrus psyllid under which the nursery stock must be
grown, maintained, and shipped in order to obtain a certificate for its
movement. The compliance agreement will also specify that APHIS may
amend the agreement.
---------------------------------------------------------------------------
\4\ The protocol document is also available on the Internet at
http://www.aphis.usda.gov/plant--health/plant--pest--info/citrus/
index.shtml and may be obtained from local Plant Protection and
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------
(2) An inspector determines that the nursery has adhered to all
terms and conditions of the compliance agreement.
(3) The nursery stock is completely enclosed in a sealed container
that is clearly labeled with the certificate and is moved interstate in
that container.
(4) A copy of the certificate is attached to the consignee's copy of
the accompanying waybill.
(c) Additional conditions for issuance of a limited permit;
regulated nursery stock. (1) Nursery stock that will not be moved
through American Samoa, Arizona, California, Florida, Guam, Hawaii, the
Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin
Islands. In addition to the general conditions for the issuance of a
limited permit contained in Sec. 301.76-5(b), an inspector or person
operating under a compliance agreement, other than the operator of the
nursery in which the nursery stock was produced and his or her
employees, may issue a limited permit for the interstate movement of
regulated nursery stock through areas of the United States other than
American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana,
the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin
Islands, and to areas of the United States other than those portions of
Arizona and California that are not quarantined due to the presence of
Asian citrus psyllid or citrus greening, if:
(i) The nursery in which the nursery stock is produced has entered
into a compliance agreement with APHIS in accordance with Sec. 301.76-
8;
(ii) All citrus nursery stock at the nursery has been inspected by
an inspector every 30 days, and any findings of Asian citrus psyllid
during an inspection have been reported to APHIS immediately;
(iii) The nursery stock is treated for Asian citrus psyllid with an
APHIS-approved soil drench or in-ground granular application no more
than 90 days and no fewer than 30 days before shipment, followed by an
APHIS-approved foliar spray no more than 10 days before shipment. All
treatments must be applied according to their EPA label, including
directions on application, restrictions on place of application and
other restrictions, and precautions, and including statements pertaining
to Worker Protection Standards;
(iv) The nursery stock is affixed prior to movement with a plastic
or metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ.
Not for distribution in those portions of AZ and CA not quarantined due
to the presence of Asian citrus psyllid or citrus greening'' is
prominently and legibly displayed on the obverse, and adequate
information as determined by APHIS regarding the identity of the nursery
stock and its source of production to conduct traceback to the nursery
in which the nursery stock was produced is prominently and legibly
printed on the reverse. If the nursery stock is destined for movement or
sale in boxes or containers, the statement and the identifying
information may be
[[Page 94]]
printed on the box or container, or printed on a label permanently
affixed to the box or container, provided that, in either case, the
statement and the identifying information are prominently and legibly
displayed;
(v) A copy of the limited permit will be attached to the consignee's
copy of the accompanying waybill; and
(vi) The nursery stock is shipped in accordance with the conditions
specified on the limited permit to the destination specified on the
permit.
(2) Nursery stock that will be moved through American Samoa,
Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern
Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In
addition to the general conditions for the issuance of a limited permit
contained in Sec. 301.76-5(b), an inspector or person operating under a
compliance agreement may issue a permit for the interstate movement of
regulated nursery stock through American Samoa, Arizona, California,
Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto
Rico, Texas, or the U.S. Virgin Islands, and to areas of the United
States other than those portions of Arizona and California that are not
quarantined due to the presence of Asian citrus psyllid or citrus
greening, if:
(i) All conditions for movement of regulated nursery stock in
paragraphs (c)(1)(i) through (c)(1)(vi) of this section are fulfilled;
(ii) The nursery stock is inspected by an inspector on the date of
shipment and found free of Asian citrus psyllid;
(iii) The nursery stock is completely enclosed in a container sealed
with an agricultural seal and is moved interstate in that container;
(iv) The container prominently and legibly displays the statement
and identifying information specified in paragraph (c)(1)(iv) of this
section;
(v) The agricultural seal remains intact throughout movement to the
destination specified on the limited permit; and
(vi) The agricultural seal is removed at the destination specified
on the limited permit by an inspector.
(d) Additional conditions for issuance of a limited permit;
regulated articles intended for consumption, as apparel or as a similar
personal accessory, or for other decorative use. \5\ In addition to the
general conditions for issuance of a limited permit contained in Sec.
301.76-5(b), an inspector or person operating under a compliance
agreement may issue a limited permit for the interstate movement of
regulated articles intended for consumption, as apparel or as a similar
personal accessory, or for other decorative use if:
---------------------------------------------------------------------------
\5\ Examples of such articles include Bergera (=Murraya) koenigii
leaves, as well as Murraya paniculata flowers or foliage.
---------------------------------------------------------------------------
(1) The articles are treated with irradiation in accordance with 7
CFR part 305 of this chapter at an irradiation facility that is not
located in an area quarantined for citrus greening.
(2) The container that will be used to move the articles interstate
is clearly labeled with the limited permit, which must contain the name
of the State or portion of a State where the articles were produced and
a statement that the articles were treated in accordance with 7 CFR part
305 of this chapter.
(3) A copy of the limited permit is attached to the consignee's copy
of the accompanying waybill.
(Approved by the Office of Management and Budget under control number
0579-0369)
[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011;
77 FR 59712, Oct. 1, 2012; 78 FR 63367, Oct. 24, 2013]
Sec. 301.76-7 Additional conditions for issuance of certificates
and limited permits for regulated articles moved interstate from areas
quarantined for citrus greening.
(a) Additional conditions for the issuance of a certificate;
regulated nursery stock produced within a nursery located in the
quarantined area. In addition to the general conditions for issuance of
a certificate contained in Sec. 301.76-5(a), an inspector or person
operating under a compliance agreement may issue a certificate for
interstate movement of regulated nursery stock to any State if all of
the following conditions are met:
(1) The nursery in which the nursery stock is produced has entered
into a compliance agreement with APHIS in which it agrees to meet the
relevant construction standards, sourcing and
[[Page 95]]
certification requirements, cleaning, disinfecting, and safeguarding
requirements, labeling requirements, and recordkeeping and inspection
requirements specified in a PPQ protocol document. The protocol document
will be provided to the person at the time he or she enters into the
compliance agreement. \6\ The compliance agreement may also specify
additional conditions determined by APHIS to be necessary in order to
prevent the dissemination of citrus greening under which the nursery
stock must be grown, maintained, and shipped in order to obtain a
certificate for its movement. The compliance agreement will also specify
that APHIS may amend the agreement.
---------------------------------------------------------------------------
\6\ The protocol document is also available on the Internet at
http://www.aphis.usda.gov/plant--health/plant--pest--info/citrus/
index.shtml and may be obtained from local Plant Protection and
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------
(2) An inspector has determined that the nursery has adhered to all
terms and conditions of the compliance agreement.
(3) The nursery stock is completely enclosed in a sealed container
that is clearly labeled with the certificate and is moved interstate in
that container.
(4) A copy of the certificate is attached to the consignee's copy of
the accompanying waybill.
(b) Additional conditions for issuance of a limited permit;
regulated nursery stock grown, produced, or maintained at a nursery or
other facility located in the quarantined area. In addition to the
general conditions for issuance of a limited permit contained in Sec.
301.76-5(b), an inspector or person operating under a compliance
agreement may issue a limited permit for the interstate movement for
immediate export of regulated nursery stock grown, produced, or
maintained at a nursery or other facility located in the quarantined
area if:
(1) The nursery stock is treated for Asian citrus psyllid with an
APHIS-approved soil drench or in-ground granular application, followed
by an APHIS-approved foliar spray, in accordance with Sec. 301.76-
6(b)(1), or with methyl bromide, in accordance with 7 CFR part 305 of
this chapter.
(2) The nursery stock is inspected by an inspector in accordance
with Sec. 301.76-9 and found free of Asian citrus psyllid, if treated
in accordance with Sec. 301.76-6(b)(1).
(3) The nursery stock is affixed prior to movement with a plastic or
metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ. For
immediate export only'' is prominently and legibly displayed. If the
nursery stock is destined for movement or sale in a box or container,
the statement may be printed on the box or container, or printed on a
label permanently affixed to the box or container, provided that, in
either case, the statement is prominently and legibly displayed.
(4) The nursery stock is accompanied by a copy of this limited
permit attached to the consignee's copy of the waybill.
(5) The nursery stock is moved in accordance with the conditions
specified on the limited permit directly to the port of export specified
on the limit permit, in a container sealed with an agricultural seal
placed by an inspector.
(6) A copy of the limited permit is attached to or legibly printed
on this container.
(7) The nursery stock remains in this container, and the container
remains sealed, as long as the plants are within the United States.
(c) Except for nursery stock for which a limited permit has been
issued in accordance with the conditions of paragraph (a) or (b) of this
section, no other regulated article may be moved interstate from an area
quarantined for citrus greening.
(Approved by the Office of Management and Budget under control number
0579-0369)
[75 FR 34332, June 17, 2010, as amended at 76 FR 23458, Apr. 27, 2011;
77 FR 59712, Oct. 1, 2012]
Sec. 301.76-8 Compliance agreements and cancellation.
(a) Any person involved in the growing, maintaining, processing,
handling, packing, treating, or moving of regulating articles from areas
quarantined for citrus greening or Asian citrus psyllid may enter into a
compliance agreement when an inspector determines that the person
understands this
[[Page 96]]
subpart, agrees to comply with its provisions, and agrees to comply with
all the provisions contained in the compliance agreement. The person
must also agree to maintain and offer for inspection such records as are
necessary to demonstrate continual adherence to the requirements of the
regulations and the provisions of the compliance agreement. \7\
---------------------------------------------------------------------------
\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, MD 20737-1236, and from local offices of the Plant Protection
and Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------
(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, or any term or condition of the compliance agreement
itself. 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 wrongly 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.
(Approved by the Office of Management and Budget under control numbers
0579-0363 and 0579-0369)
[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27,
2011; 77 FR 59712, Oct. 1, 2012]
Sec. 301.76-9 Inspection of regulated nursery stock.
All nursery stock intended for interstate movement for immediate
export from an area quarantined for citrus greening, must be inspected
by an inspector \8\ no more than 72 hours prior to movement. The person
who desires to move the articles interstate must notify the inspector as
far in advance of the desired interstate movement as possible. The
articles must be inspected at the place and in the manner the inspector
designates as necessary to comply with this subpart. If the inspector
has reason to believe that the interstate movement of the articles may
lead to the artificial spread of citrus greening or Asian citrus
psyllid, he or she may deny issuance of a limited permit for interstate
movement of the article or take other remedial measures to prohibit such
spread.
---------------------------------------------------------------------------
\8\ Inspectors are assigned to local offices of APHIS, which are
listed in local 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, MD 20737-1236.
(Approved by the Office of Management and Budget under control number
---------------------------------------------------------------------------
0579-0363)
[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27,
2011; 77 FR 59712, Oct. 1, 2012]
Sec. 301.76-10 Attachment and disposition of certificates and
limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, or a copy thereof, must, at all times
during the interstate movement, be:
(1) Attached to or legibly printed on the outside of the container
containing the regulated article or attached to the regulated article
itself, if the article is not packed in a container; and
(2) Attached to or legibly printed on the sealed container in which
the article is shipped; and
(3) Attached to the consignee's copy of the accompanying waybill.
The host article must be sufficiently described on the certificate or
limited permit and on the waybill to identify the article.
(b) The certificate or limited permit for the interstate movement of
a host article must be furnished by the carrier or the carrier's
representative to the consignee listed on the certificate or
[[Page 97]]
limited permit upon arrival at the location provided on the certificate
or limited permit.
Sec. 301.76-11 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. APHIS 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_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.
(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
[[Page 98]]
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 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
[[Page 99]]
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 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
[[Page 100]]
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 located north and east of the Cape Fear
River.
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 on U.S. Highway 301 to
Interstate 95, then northeast on Interstate 95 to U.S. Highway 13, then
east and northeast on U.S. Highway 13 to the Cumberland-Sampson County
line.
The Barker, P.R., farm located on the south side of State Secondary
Road 2242, 0.2 mile south of Interstate 95 on State Secondary Road 2252.
The Jackson, Ellis, farm located on the west side of State Secondary
Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59.
The Lovick, Eugene, farm located on the north side of State
Secondary Road 1732 and 0.9 mile west of its intersection with U.S.
Highway 301.
The McLaughlin, Cornell, farm located on the south side of State
Secondary Road 2221 and 0.2 mile east of its intersection with State
Secondary Road 2367.
The Thigpen, William, farm located on the south side of State
Secondary Road 2212 and 1 mile west of its intersection with N.C.
Highway 87.
Pender County. The Cones Folly farm located along a farm road 2.3
miles south of its intersection with State Secondary Road 1201 and 2.2
miles southeast of its intersection with State Secondary Road 1200.
Robeson County. That area bounded on the west by the Robeson County/
Scotland County line; then by a line running east along the Robeson
County/Hoke County line to N.C. Highway 211; then southeast on N.C.
Highway 211 to the Robeson County/Bladen County line; then south along
the Robeson County/Bladen County line and the Robeson County/Columbus
County line to U.S. Highway 74; then northwest on U.S. Highway 74 to
N.C. Highway 41; then south on N.C. Highway 41 to the South Carolina
State line; and then northwest along the South Carolina State line to
the Robeson County/Scotland County line. (This area may be more
generally described as that part of Robeson County lying south and west
of N.C. Highway 211, bounded by U.S. Highway 74 east of N.C. Highway 41
and by the South Carolina line west of N.C. Highway 41.)
The Brown, James, farm located on the south side of a private road
known as Reola Drive, 0.1 mile east of its intersection with State
Secondary Road 1823, which intersection is 0.7 mile south of the
intersection of State Secondary Road 1823 with State Secondary Road
1774.
The Buie, Joshua, farm located on a farm road 0.8 mile south of its
intersection with State Secondary Road 1529 and 0.3 mile southwest of
the right of way of Interstate Highway 95.
The Lewis, Knox, farm located on the south side of State Secondary
Road 1752, 0.5 mile east of its intersection with State Secondary Road
1318.
Sampson County. That area bounded on the north by N.C. Highway 24
and on the east by U.S. Highway 701.
The Brady-Johnson, William, property located on a private road in
the town of Salemburg, 0.1 mile north of its intersection with Church
Street and 0.1 mile west of its intersection with N.C. Highway 242.
The Carter, Raeford, farm located on the west side of State
Secondary Road 1144, 0.2 mile north of its intersection with State
Secondary Road 1143.
The Lucas, June, estate located at the end of State Secondary Road
1496, 1.0 mile northwest of its intersection with State Secondary Road
1233.
The Parker, David, farm located on the northwest side of the
intersection of a private road known as David Parker Lane and State
Secondary Road 1301, 0.5 mile north of the intersection of State
Secondary Road 1301 with N.C. Highway 24.
The Riley, Troy Lee, property located 0.05 mile west of the end of a
private road known as Stage Coach Lane, 0.2 mile north of the
intersection of Stage Coach Lane and N.C. Highway 24, in the town of
Autryville.
SOUTH CAROLINA
(1) Generally infested areas. None.
(2) Suppressive areas.
Horry County. The Bell, Richard, farm located on the east side of
State Highway 90, 5.7 miles north of its intersection with State Highway
22.
The Chestnut, Jacob T., farm located on the west side of an unpaved
road known as Short Cut Road, 0.2 mile north of its junction with an
unpaved road known as Pint Circle Road, 0.4 mile east of its junction
with
[[Page 101]]
and 0.8 mile north of its junction with State Highway 90.
The Cribbs, L.V., farm located on the west side of an unpaved road
known as Causey Road, 3.3 miles north of its intersection with a
secondary road known as Sandplant Road and 2.1 miles west of its
intersection with State Highway 76.
The Cribbs, L.V., farm located on the east side of an unpaved road
known as Causey Road, 2.8 miles north of its intersection with a
secondary road known as Sandplant Road and 2.1 miles west of its
intersection with State Highway 76.
The Gerald, Kenneth, farm located on the south side of a secondary
highway known as Lake Swamp Road, 0.4 mile east of its intersection with
a secondary highway known as Nichols Highway South and 1.6 miles south
of its intersection with State Highway 917.
The Gerald, Ravenell, farm located on the north side of an unpaved
road known as Farming Dale Road, 0.6 mile north of its junction with
State Highway 917 and 1.1 miles east of its intersection with a
secondary highway known as Nichols Highway.
The Hammonds, Austin J., farm located on the north side of a
secondary road known as Sandplant Road, 1.5 miles west of its
intersection with State Highway 76 and 1.7 miles north of its
intersection with State Highway 9.
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 Mae, Blossie, farm located on the west side of an unpaved road
known as Dela Road, 0.3 mile south of its intersection with a secondary
road known as Pint Circle Road, 0.2 mile west of its intersection with
State Highway 90, and 3.5 miles north of its intersection with State
Highway 22.
The McDaniel, Ellis, farm located on the south side of State Highway
917, 1.4 miles west of its intersection with a secondary highway known
as Nichols Highway.
The Smith, Tommy G., farm located on the south side of a secondary
road known as Old Chesterfield Road, 0.5 mile east of its intersection
with State Highway 90 and 2.7 miles north of its intersection with State
Highway 22.
The Strickland, Quincy, farm located on the north side of State
Highway 917, 1.2 miles west of its intersection with a secondary highway
known as Nichols Highway.
The Stroud, J.B., farm located on the east side of an unpaved road
known as Providence Drive, 1.3 miles north of its junction with an
unpaved road known as Tranquil Road, 0.5 mile west of its junction with
a secondary highway known as Nichols Highway North and 2.3 miles north
of its intersection with State Highway 917.
The Vault, Bennie, farm located on the west side of an unpaved road
known as Strawberry Road, 0.5 mile south of its junction with State
Highway 90.
Vereen, Isiah, farm located on the west side of an unpaved road
known as West Shore Road, 1.6 miles south of its junction with State
Highway 90.
Vereen, Lula, farm located on the north side of a secondary road
known as Dogwood Road, 1.6 miles north of its intersection with State
Highway 22, then 0.7 mile east of its intersection with State Highway
90.
The Willoughby, Shane, farm located on the north side of an unpaved
road known as Farming Dale Road, 0.4 mile north of its junction with
State Highway 917 and 1.1 miles east of its intersection with a
secondary highway known as Nichols Highway.
The Worley, Floyd C., farm located on both sides of a secondary road
known as Sandplant Road, 1.1 miles west of its intersection with State
Highway 76 and 1.7 miles north of its intersection with State Highway 9.
Marion County. The Baxley, Warner, farm located on the west side of
Penderboro Road, 1.6 miles north of its intersection with the State
Highway 501 Bypass.
The Best Woods Road and Bubba Road farm located on both sides of
Best Woods Road, 1.4 miles south of its intersection with State Highway
76.
The Erwin, Harold, farm located on the west side of the State
secondary road known as Laughin Road, 1 mile north of its intersection
with State Highway 76.
The Gerald, Issaic, farm located on the west side of a secondary
road known as Foxworth Road, 0.3 mile northwest of its intersection with
Secondary Road 9.
The Holmes, Issaic, farm located on the east side of an unpaved road
known as Phill Road, 0.5 mile south of its junction with State Highway 9
and 5 miles east of its intersection with State Highway 41-A.
The Johnson, J. D., farm located on the west side of an unpaved road
known as Harold Road, 0.6 mile north of its intersection with Old
Mullins Road and 1.3 miles west of its intersection with North Main
Street in Nichols.
The Keen, Davis, Estate farm located on the south side of an unpaved
road known as Frazier Road, 0.7 mile northwest of its intersection with
Secondary Road 9.
The Richardson, Billy, farm located on the east side of Secondary
Road 908, 0.8 mile north of its intersection with State Highway 378.
The Rogers, Paul, farm located on the north side of an unpaved road
known as Tobacco Barn Road, 0.8 mile west of its intersection with a
State secondary road known
[[Page 102]]
as E. Sellers Road and 1.7 miles north of its intersection with State
Highway 41-A.
[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003; 72
FR 7925, Feb. 22, 2007; 72 FR 44951, Aug. 10, 2007]
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.
(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
[[Page 103]]
(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 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,
[[Page 104]]
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 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.
[[Page 105]]
(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 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).
[[Page 106]]
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.
---------------------------------------------------------------------------
\2\ The movement of soil from Puerto Rico is subject to additional
provisions in part 330 of this chapter.
---------------------------------------------------------------------------
(c) Baled hay and baled straw stored in direct contact with the
ground;
(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
[[Page 107]]
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. The entire county.
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.
Lonoke County. The entire county.
Miller County. The entire county.
Montgomery County. The entire county.
Nevada County. The entire county.
Ouachita County. The entire county.
Perry County. The entire county.
Pike County. The entire county.
Polk County. The entire county.
Pulaski County. The entire county.
Saline County. The entire county.
Sevier County. The entire county.
Union County. The entire county.
Yell 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
[[Page 108]]
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 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.
[[Page 109]]
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 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.
Iredell County. That portion of the county lying south of State
Highway 150.
Johnston County. The entire county.
Jones County. The entire county.
Lee County. The entire county.
Lenoir County. The entire county.
Lincoln County. That portion of the county lying east of State
Highway 321.
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
[[Page 110]]
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.
Rutherford County. That portion of the county lying south of State
Highway 74.
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.
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
The entire State.
Tennessee
Anderson County. That portion of the county lying east and south of
a line beginning at the intersection of the Roane/Anderson County line
and Tennessee Highway 330; then northeast on Tennessee Highway 330 to
Tennessee Highway 116; then north on Tennessee Highway 116 to Interstate
75; then southeast on Interstate 75 to the Anderson/Knox County line.
Bedford County. The entire county.
Benton County. The entire county.
Bledsoe County. The entire county.
Blount County. The entire county.
Bradley County. The entire county.
Carroll County. The entire county.
Chester County. The entire county.
Coffee County. That portion of the county lying west and south of a
line beginning at the intersection of the Cannon/Coffee County line and
Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road;
then southeast on Riddle Road to Keele Road; then northeast on Keele
Road to Tennessee Highway 55; then northeast on Tennessee Highway 55 to
Swann Road; then east on Swann Road to Wiser Road; then north on Wiser
Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then
north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road
to the Coffee/Warren County line.
Crockett County. That portion of the county lying east of a line
beginning at the intersection of the Haywood/Crockett County line and
U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee
Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54;
then northeast on Tennessee Highway 54 to the Crockett/Gibson County
line.
Cumberland County. That portion of the county lying southeast of a
line beginning at the intersection of the White/Cumberland County line
and U.S. Highway 70; then east on U.S. Highway 70 to Market Street (in
Crab Orchard); then north on Market Street to Main Street; then west on
Main Street to Chestnut Hill Road; then northeast on Chestnut Hill Road
to Westchester Drive; then north on Westchester Drive to Peavine Road;
then east on Peavine Road to Hebbertsburg Road; then northeast on
Hebbertsburg Road to the Cumberland/Morgan County line.
Davidson County. That portion of the county lying southeast of a
line beginning at the intersection of the Williamson/Davidson County
line and U.S. Highway 431; then northeast on U.S. Highway 431 to
Tennessee Highway 254; then east on Tennessee Highway 254 to U S.
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee Highway
255; then northeast on Tennessee Highway 255 to Interstate 40; then east
on Interstate 40 to the Davidson/Wilson County line.
Decatur County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Gibson County. That portion of the county lying southeast of a line
beginning at the intersection of the Madison/Gibson County
[[Page 111]]
line and U.S. Highway 45W; then northwest on U.S. Highway 45W to U.S.
Highway 45 Bypass (Tennessee Highway 366); then north on U.S. Highway 45
Bypass to U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to
the Gibson/Carroll County line.
Giles County. The entire county.
Grundy County. The entire county.
Hamilton County. The entire county.
Hardeman County. The entire county.
Hardin County. The entire county.
Haywood County. That portion of the county lying southeast of
Tennessee Highway 54.
Henderson County. The entire county.
Hickman County. The entire county.
Humphreys County. That portion of the county lying south of a line
beginning at the intersection of the Benton/Humphreys County line and
the line of latitude 36[deg]; then continuing east along the line of
latitude 36[deg] to Forks River Road; then south on Forks River Road to
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway
13; then south on Tennessee Highway 13 to Interstate 40; then east on
Interstate 40 to the Humphreys/Hickman County line.
Knox County. That portion of the county lying southwest of a line
beginning at the intersection of the Union/Knox County line and
Tennessee Highway 33; then south on Tennessee Highway 33 to the
Tennessee River; then northeast along the Tennessee River to the French
Broad River; then east along the French Broad River to the Knox/Sevier
County line.
Lawrence County. The entire county.
Lewis County. The entire county.
Lincoln County. The entire county.
Loudon County. The entire county.
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 a line
beginning at the intersection of the Hickman/Maury County line and Jones
Valley Road; then east on Jones Valley Road to Leipers Creek Road; then
south on Leipers Creek Road to Tennessee Highway 247; then northeast on
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee
Highway 246 to the Maury/Williamson County line.
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.
Morgan County. That portion of the county lying south of a line
beginning at the intersection of the Cumberland/Morgan County line and
Tennessee Highway 298; then northeast on Tennessee Highway 298 to
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the
Morgan/Roane County line.
Perry County. The entire county.
Polk County. The entire county.
Rhea County. The entire county.
Roane County. The entire county.
Rutherford County. The entire county.
Sequatchie County. The entire county.
Shelby County. The entire county.
Tipton County. That portion of the county lying south of a line
beginning at the intersection of the Shelby/Tipton County line and
Tennessee Highway 14; then northeast on Tennessee Highway 14 to
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the
Tipton/Haywood County line.
Van Buren County. The entire county.
Warren County. That portion of the county lying southeast of a line
beginning at the intersection of the Coffee/Warren County line and
Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north
on Fred Hoover Road to Tennessee Highway 287; then northwest on
Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road
to Swan Mill Road; then east on Swan Mill Road to Grove Road; then
southeast on Grove Road to Tennessee Highway 108/127; then northeast on
Tennessee Highway 108/127 to the split between Tennessee Highway 108 and
Tennessee Highway 127; then northeast on Tennessee Highway 127 to
Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fairview
Road; then northeast on Fairview Road to Tennessee Highway 8; then
southeast on Tennessee Highway 8 to Dark Hollow Road; then north on Dark
Hollow Road to Tennessee Highway 30; then northeast on Tennessee Highway
30 to the Warren/Van Buren County line.
Wayne County. The entire county.
Williamson County. That portion of the county lying northeast of a
line beginning at the intersection of the Davidson/Williamson County
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S.
Highway Business 431; then southeast on U.S. Highway Business 431 to
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft
Road; then northeast on Clovercroft Road to Wilson Pike; then north on
Wilson Pike to Clovercroft
[[Page 112]]
Road; then northeast on Clovercroft Road to Rocky Fork Road; then east
on Rocky Fork Road to the Rutherford/Williamson County line. Also, that
portion of the county enclosed by a line beginning at the intersection
of the Maury/Williamson County line and Tennessee Highway 246; then
north on Tennessee Highway 246 to Thompson Station Road West; then east
on Thompson Station Road West to Thompson Station Road East; then east
on Thompson Station Road East to Interstate 65; then south on Interstate
65 to the Williamson/Maury County line.
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.
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.
[[Page 113]]
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]
Editorial Note: For Federal Register citations affecting Sec.
301.81-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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;
(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 part 305 of this chapter, 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 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; 75 FR 4240, Jan. 26, 2010]
[[Page 114]]
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;
(iii) Has been treated in accordance with part 305 of this chapter;
or.
(iv) If the article is containerized nursery stock, it has been
produced in accordance with Sec. 301.81-11.
(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 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; 75 FR 4240, Jan.
26, 2010]
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 part 305 of this chapter, 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
[[Page 115]]
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; 75
FR 4240, Jan. 26, 2010]
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).
---------------------------------------------------------------------------
(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.
Sec. 301.81-11 Imported fire ant detection, control, exclusion,
and enforcement program for nurseries producing containerized plants.
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 in accordance with Sec. 301.81-6. Such compliance
agreements shall state the specific requirements that a shipper
[[Page 116]]
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.
(a) Detection. (1) Nursery owners are required to visually survey
their entire premises twice monthly for the presence of imported fire
ants.
(2) Nurseries participating in this program will be inspected by
Federal or State inspectors at least twice per year. More frequent
inspections may be necessary depending upon imported fire ant
infestation levels immediately surrounding the nursery, the thoroughness
of nursery management in maintaining imported-fire-ant-free premises,
and the number of previous detections of imported fire ants in or near
containerized plants. Inspections by Federal and State inspectors should
be more frequent just before and during the peak shipping season. Any
nurseries determined during nursery inspections to have imported fire
ant colonies must be immediately treated to the extent necessary to
eliminate the colonies.
(b) Control. Nursery plants that are shipped under this program must
originate in a nursery that meets the requirements of this section.
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 in accordance with part 305 of
this chapter at least once every 6 months. The first application must be
performed early in the spring. Followup treatments with a contact
insecticide in accordance with part 305 of this chapter must be applied
to eliminate all remaining colonies.
(c) Exclusion. (1) For plants grown on the premises, treatment of
soil or potting media in accordance with part 305 of this chapter prior
to planting is required.
(2) 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:
(i) Obtained from nurseries that comply with the requirements of
this section and that operate under a compliance agreement in accordance
with Sec. 301.81-6; or
(ii) Treated upon delivery in accordance with part 305 of this
chapter, and within the specified number of days be either:
(A) Repotted in treated potting soil media;
(B) Retreated in accordance with part 305 of this chapter at the
specified interval; or
(C) Shipped.
(d) Enforcement. (1) The nursery owner must maintain records of the
nursery's surveys and treatments for the imported fire ant. These
records must be made available to State and Federal inspectors upon
request.
(2) If imported fire ants are detected in nursery stock during an
inspection by a Federal or State inspector, issuance of certificates for
movement will be suspended until necessary treatments are applied and
the plants and nursery premises are determined to be free of the
imported fire ant. A Federal or State inspector may declare a nursery to
be free of the imported fire ant upon reinspection of the premises. This
inspection must be conducted no sooner than 30 days after treatment.
During this period, certification may be based upon treatments for
plants in accordance with part 305 of this chapter.
(3) 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 must 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
[[Page 117]]
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.
(4) 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.
[75 FR 4240, Jan. 26, 2010]
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 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
[[Page 118]]
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.
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.
[[Page 119]]
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, 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
[[Page 120]]
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.
Livingston County. (A) That portion of land in the area of South
Lima North Muck in the town of Lima bounded as follows: Beginning at a
point along the north side of South Lima Rd. marked by latitude/
longitude coordinates 42.8553, -77.6738; then north along a farm road to
coordinates 42.8588, -77.6712; then east along a farm road to
coordinates 42.8596, -77.6678; then north along a farm road to
coordinates 42.8624, -77.6683; then east along a farm road to
coordinates 42.8624, -77.6648; then north along a farm road to
coordinates number 42.8735, -77.6651; then west along a farm road to
coordinates number 42.8735, -77.6684; then south along Little Conesus
Creek to coordinates 42.8712, -77.6693; then west to include a portion
of an access road and gravel clean off site to coordinates 42.8712, -
77.6705; then south to coordinates 42.8711, -77.6704; then east to
coordinates 42.8711, -77.6699; then north to coordinates 42.8712, -
77.6698; then east to coordinates 42.8711, -77.6693; then south along
Little Conesus Creek to coordinates 42.8688,
[[Page 121]]
-77.6702; then west along a farm road to coordinates 42.8688, -77.6713;
then south along a farm road to coordinates 42.8659, -77.6733; then
south along a farm road to coordinates 42.8642, -77.6740; then west
along a farm road to coordinates 42.8643, -77.6761; then south along a
farm road to coordinates 42.8567, -77.6802; then east to coordinates
42.8564, -77.6741; then south along Little Conesus Creek to coordinates
42.8553, -77.6745; then east to point of beginning at coordinates
42.8553, -77.6738;
(B) That portion of land in the area of South Lima South Muck in the
town of Lima bounded as follows: Beginning at a point along the south
side of South Lima Rd. marked by latitude/longitude coordinates 42.8552,
-77.6774; then south to coordinates 42.8548, -77.6774; then east to
coordinates 42.8548, -77.6767; then south to coordinates 42.8509, -
77.6770; then south to coordinates 42.8447, -77.6772; then east to
coordinates 42.8446, -77.6739; then north along a farm road to
coordinates 42.8477, -77.6728; then east along a farm road to
coordinates 42.8488, -77.6700; then north along a farm road to
coordinates 42.8512, -77.6701; then west along a farm road to
coordinates 42.8512, -77.6720; then north along a farm road to
coordinates 42.8516, -77.6720; then west along a farm road to
coordinates 42.8518, -77.6740; then north to coordinates 42.8541, -
77.6740; then west to coordinates 42.8545, -77.6766; then north to
coordinates 42.8552, -77.6765; then west to point of beginning at
coordinates 42.8552, -77.6774;
(C) That portion of land in the area of Wiggle Muck in the town of
Livonia bounded as follows: Beginning at a point along the west side of
Plank Rd. (State highway 15A) marked by latitude/longitude coordinates
42.8489, -77.6136; then west to coordinates 42.8491, -77.6203; then
south along a farm road to coordinates 42.8468, -77.6192; then south
along a farm road to coordinates 42.8419, -77.6188; then east to
coordinates 42.8422, -77.6161; then north along a farm road to
coordinates 42.8487, -77.6168; then east to the west side of Plank Rd.
marked by coordinates 42.8487, -77.6135; then north to point of
beginning at coordinates 42.8489, -77.6136; and
(D) That portion of land in the town of Avon bounded as follows:
Beginning at a point marked by latitude/longitude coordinates 42.9056, -
77.6872; then east along a farm road to coordinates 42.9054, -77.6850;
then east along a farm road to coordinates 42.9060, -77.6825; then north
along a drainage ditch to coordinates 42.9069, -77.6823; then north
along a drainage ditch to coordinates 42.9079, -77.6847; then north to
coordinates 42.9103, -77.6844; then west along the south side of a farm
road to coordinates 42.9103, -77.6857; then south along a farm road to
point of beginning at coordinates 42.9056, -77.6872.
Nassau County. (A) That portion of land in the town of Oyster Bay
and the village of Old Brookville bounded as follows: Beginning at a
point marked by latitude-longitude coordinates 40.8312 -73.5917; then
proceeding north-northwest 152[min] along Hegemans Lane to coordinates
40.8317, -73.5917; continuing north-northwest 581[min] along Hegemans
Lane to coordinates 40.8332, -73.5920; then heading north 473[min] along
Hegemans Lane to coordinates 40.8345, -73.5921; continuing north
461[min] along Hegemans Lane to coordinates 40.8358, -73.5921;
continuing north 182[min] along Hegemans Lane to coordinates 40.8363, -
73.5921; continuing north 1227[min] along Hegemans Lane to coordinates
40.8397, -73.5920; continuing north 718[min] along Hegemans Lane to
coordinates 40.8416, -73.5919; then heading west 188[min] to Chicken
Valley Road at coordinates 40.8416, -73.5926: then heading southwest
70[min] along Chicken Valley Road to coordinates 40.8415, -73.5928;
continuing southwest 297[min] along Chicken Valley Road to coordinates
40.8409, -73.5936; continuing southwest 106[min] along Chicken Valley
Road to coordinates 40.8407, -73.5938; continuing southwest 155[min]
along Chicken Valley Road to coordinates 40.8404, -73.5914; continuing
southwest 142[min] along Chicken Valley Road to coordinates 40.8400, -
73.5944; continuing southwest 125[min] along Chicken Valley Road to
coordinates 40.8397, -73.5946; continuing southwest 36[min] along
Chicken Valley Road to coordinates 40.8397, -73.5947: continuing
southwest 38[min] along Chicken Valley Road to coordinates 40.8396, -
73.5948; continuing southwest 201[min] along Chicken Valley Road to
coordinates 40.8392, -73.5953; continuing southwest 98[min] along
Chicken Valley Road to coordinates 40.8390, -73.5955; continuing
southwest 61[min] along Chicken Valley Road to coordinates 40.8389, -
73.5957; continuing southwest 187[min] along Chicken Valley Road to
coordinates 40.8384, -73.5960; continuing southwest 62[min] along
Chicken Valley Road to coordinates 40.8383, -73.5962; continuing
southwest 142[min] along Chicken Valley Road to coordinates 40.8380, -
73.5965; continuing southwest 252[min] along Chicken Valley Road to
coordinates 40.8375, -73.5971; then heading southeast 254[min] along a
wood line to coordinates 40.8370, -73.5965; then heading south-southeast
269[min] along a wood line to coordinates 40.8363, -73.5963; continuing
south-southeast 182[min] along a wood line to coordinates 40.8358, -
73.5962; then heading south 303[min] along a wood line to coordinates
40.8350, -73.5961; then heading south-southeast 175[min] along a wood
line to coordinates 40.8346, -73.5958; then heading south 329[min] along
a farm road to coordinates 40.8337, -73.5957; then heading southwest
76[min] along a farm road to coordinates 40.8335, -73.5958; then heading
west-southwest 104[min] along a farm road to coordinates 40.8334, -
73.5962; then heading south-southwest 278[min] along a farm road to
coordinates 40.8327, -73.5965; then heading
[[Page 122]]
southeast 1441[min] along the south boundary of the Young's Farm to the
starting point at coordinates 40.8312, -73.5917;
(B) That portion of land in the town of Oyster Bay and in the
village of Old Brookville bounded as follows: Beginning at a point
marked by latitude-longitude coordinates 40.8343, -73.5921; then heading
south 399[min] along Hegemans Lane to coordinates 40.8332, -73.5920;
then heading 403[min] northeast along a tree line to coordinates
40.8335, -73.5906; then heading 263[min] north to coordinates 40.8342, -
73.5906; then heading northwest 6[min] along Linden Lane to coordinates
40.8342, -73.5906; continuing northwest 98[min] along Linden Lane to
coordinates 40.8343, -73.5909; continuing northwest 52[min] along Linden
Lane to coordinates 40.8344, -73.5911; then continuing 54[min] northwest
along Linden Lane to coordinates 40.8344, -73.5913; then heading
southwest 43[min] along Linden Lane to coordinates 40.8344, -73.5915;
then continuing southwest 170[min] to the starting point at coordinates
40.8343, -73.5921;
(C) That portion of land in the town of Oyster Bay and the village
of Old Brookville bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.8365, -73.5874; then heading south
452[min] to coordinates 40.8352, -73.5873; then proceeding northeast
583[min] to coordinates 40.8356, -73.5853; then heading north-northwest
400[min] to coordinates 40.8367, -73.5855; then heading 529[min]
southwest to the starting point at coordinates 40.8365, -73.5874;
(D) That portion of land in the town of Oyster Bay in the villages
of Upper Brookville and Matinecock bounded as follows: Beginning at a
point marked by latitude-longitude coordinates 40.8631, -73.5671;
proceeding south 240[min] along Chicken Valley Road to coordinates
40.8625, -73.5670; continuing south 293[min] along Chicken Valley Road
to coordinates 40.8617, -73.5670; continuing south 131[min] along
Chicken Valley Road to coordinates 40.8613, -73.5670; proceeding south-
southwest 116[min] along Chicken Valley Road to coordinates 40.8610, -
73.5671; continuing south-southwest 113[min] along Chicken Valley Road
to coordinates 40.8670, -73.5672; proceeding southwest 116[min] along
Chicken Valley Road to coordinates 40.8604, -3.5674; continuing
southwest 337[min] along Chicken Valley Road to coordinates 40.8596, -
73.5679; continuing southwest 82[min] along Chicken Valley Road to
coordinates 40.8594, -73.5680; then heading east-northeast 819[min]
through a wooded area to coordinates 40.8596, -73.5651; then heading
southeast 1462[min] through a wooded area to coordinates 40.8558, -
73.5634; continuing southeast 1065[min] through a wooded area to
coordinates 40.8531, -73.5618; then heading northeast 1167[min] along
the border with a golf course to coordinates 40.8547, -73.5581;
continuing northeast 317[min] along the border with the golf course to
coordinates 40.8552, -73.5573; then heading east-northeast 1278[min]
along the border with a golf course to coordinates 40.8557, -73.5527;
then heading south 275[min] along the border with a golf course to
coordinates 40.8549, -73.5526; then heading northeast 873[min] along the
golf course boundary to coordinates 40.8564, -73.5501; then heading
northwest 1463[min] through a wooded area to coordinates 40.8602, -
73.5519; then heading 615[min] southwest along the border of a
residential area to coordinates 40.8599, -73.5541; then heading 280[min]
northwest through a wooded area to coordinates 40.8604, -73.5548; then
heading north-northwest 188[min] along a residential driveway to
coordinates 40.8609, -73.5549; then heading west 337[min] along a
residential driveway to coordinates 40.8609, -73.5561; then heading
northwest 309[min] along a residential driveway to coordinates 40.8617,
-73.5565; then heading north-northwest 103[min] along a residential
driveway to coordinates 40.8620, -73.5566; continuing north-northwest
38[min] along a residential driveway to coordinates 40.8621, -73.5566;
then heading north 108[min] along a residential driveway to coordinates
40.8624, -73.5566; then heading northwest 135[min] along a residential
driveway to coordinates 40.8627, -73.5567; continuing northwest 95[min]
along a residential driveway to coordinates 40.8630, -73.5568; then
heading east 106[min] to a residential driveway at coordinates 40.8630,
-73.5565; then heading northeast 172[min] along a residential driveway
to coordinates 40.8631, -73.5558; continuing northeast 160[min] along a
residential driveway to coordinates 40.8633, -73.5553; continuing
northeast 20[min] along a residential driveway to coordinates 40.8633, -
73.5552; continuing northeast 141[min] along a residential driveway to
coordinates 40.8636, -73.5549; continuing northeast 106[min] along a
residential driveway to coordinates 40.8639, -73.5547; then heading
north-northeast 20[min] along a residential driveway to coordinates
40.8639, -73.5547; continuing north-northeast 107[min] along a
residential driveway to coordinates 40.8642, -73.5546; continuing north-
northeast 111[min] along a residential driveway to coordinates 40.8645,
-73.5545; continuing north-northeast 207[min] along a residential
driveway to coordinates 40.8650, -73.5545; then heading north 53[min]
along a residential driveway to coordinates 40.8652, -73.5545; then
heading northeast 153[min] along a paved driveway to coordinates
40.8655, -73.5540; continuing northeast 173[min] along a paved driveway
to coordinates 40.8657, -73.5535; continuing northeast 71[min] along a
paved driveway to coordinates 40.8658, -73.5533; then heading north-
northeast 47[min] along a paved driveway to coordinates 40.8659, -
73.5532; continuing north-northeast 70[min] along a paved driveway to
coordinates 40.8661, -73.5531; continuing north-northeast 79[min] along
a paved driveway to coordinates 40.8663, -73.5530; then heading north-
northeast 109[min] along a paved driveway to coordinates 40.8666, -
73.5530; then heading north 129[min] along a paved driveway to
coordinates 40.8669,
[[Page 123]]
-73.5529; continuing north 122[min] along a paved driveway to
coordinates 40.8673, -73.5529; then heading north-northeast 182[min]
along a paved driveway to coordinates 40.8678, -73.5527; then heading
north 23[min] along a paved driveway to coordinates 40.8678, -73.5527;
then heading north-northwest 36[min] along a paved driveway to Planting
Fields Road at coordinates 40.8679, -73.5528; then heading southwest
6[min] along Planting Fields Road to coordinates 40.8679, -73.5528;
continuing southwest 48[min] along Planting Fields Road to coordinates
40.8679, -73.5530; then heading west 339[min] along Planting Fields Road
to coordinates 40.8679, -73.5542; then heading west-southwest 93[min]
along Planting Fields Road to coordinates 40.8679, -73.5545; then
heading southwest 69[min] along Planting Fields Road to coordinates
40.8678, -73.5548; continuing southwest 79[min] along Planting Fields
Road to coordinates 40.8677, -73.5550; continuing southwest 133[min]
along Planting Fields Road to coordinates 40.8675, -73.5554; continuing
southwest 60[min] along Planting Fields Road to coordinates 40.8674, -
73.5556; continuing southwest 71[min] along Planting Fields Road to
coordinates 40.8674, -73.5558; heading west-southwest 225[min] along
Planting Fields Road to coordinates 40.8672, -73.5566; continuing west-
southwest 89[min] along Planting Fields Road to coordinates 40.8672, -
73.5570; continuing west-southwest 132[min] along Planting Fields Road
to coordinates 40.8671, -73.5574, then heading southwest 91[min] along
Planting Fields Road to coordinates 40.8670, -73.5577; continuing
southwest 59[min] along Planting Fields Road to coordinates 40.8669, -
73.5579; continuing southwest 240[min] along Planting Fields Road to
coordinates 40.8665, -73.5586; continuing southwest 219[min] along
Planting Fields Road to coordinates 40.8661, -73.5592; continuing
southwest 89[min] along Planting Fields Road to coordinates 40.8660, -
73.5594; continuing southwest 132[min] along Planting Fields Road to
coordinates 40.8658, -73.5598; continuing southwest 93[min] along
Planting Fields Road to coordinates 40.8657, -73.5602; continuing
southwest 97[min] along Planting Fields Road to coordinates 40.8655, -
73.5605; continuing southwest 90[min] along Planting Fields Road to
coordinates 40.8654, -73.5608; continuing southwest 131[min] along
Planting Fields Road to coordinates 40.8653, -73.5612; continuing
southwest 80[min] along Planting Fields Road to coordinates 40.8652, -
73.5614; continuing southwest 257[min] along Planting Fields Road to
coordinates 40.8649, -73.5623; continuing southwest 133[min] along
Planting Fields Road to coordinates 40.8647, -73.5627; continuing
southwest 59[min] along Planting Fields Road to coordinates 40.8646, -
73.5629; continuing southwest 85[min] along Planting Fields Road to
coordinates 40.8645, -73.5632; then heading west-southwest 177[min]
along Planting Fields Road to coordinates 40.8644, -73.5638; continuing
west-southwest 213[min] along Planting Fields Road to coordinates
40.8643, -73.5646; then heading southwest 89[min] along Planting Fields
Road to coordinates 40.8642, -73.5649; continuing southwest 58[min]
along Planting Fields Road to coordinates 40.8642, -73.5651; continuing
southwest 133[min] along Planting Fields Road to coordinates 40.8639, -
73.5654; continuing southwest 325[min] along Planting Fields Road to
coordinates 40.8635, -73.5664; continuing southwest 116[min] along
Planting Fields Road to coordinates 40.8633, -73.5668; continuing
southwest 100[min] along Planting Fields Road to the intersection with
Chicken Valley Road at starting point coordinates 40.8631, -73.5671; and
(E) That portion of land in the town of Oyster Bay and in the hamlet
of Old Bethpage bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.7703, -73.4460; then proceeding
southwest 1997[min] through a wood line to Winding Road at coordinates
40.7655, -73.4493; then heading southeast 102[min] along Winding Road to
coordinates 40.7653, -73.4490; continuing southeast 57[min] along
Winding Road to coordinates 40.7652, -73.4488; then heading south-
southeast 52[min] along Winding Road to coordinates 40.7650, -73.4488;
continuing south-southeast 99[min] along Winding Road to coordinates
40.7648, -73.4487; then heading south 654[min] along Winding Road to
coordinates 40.7630, -73.4485; then heading southeast 24[min] along a
ramp to coordinates 40.7629, -73.4485; then heading northeast 2134[min]
through a wood line to coordinates 40.7644, -73.4411; then heading
north-northwest 1197[min] along the Nassau County-Suffolk County Border
to coordinates 40.7677, -73.4417; then heading southwest 250[min]
through a wood line to coordinates 40.7676, -73.4426; then heading
132[min] north-northwest along Restoration Road to coordinates 40.7679,
-73.4426; then heading northeast 311[min] along Restoration Road to
coordinates 40.7687, -73.4422; then heading northwest 96[min] along
Restoration Road to coordinates 40.7689, -73.44245; continuing northwest
262[min] along Restoration Road to coordinates 40.7695, -73.4430;
continuing northwest 173[min] along Restoration Road to coordinates
40.7699,-73.4433; continuing northwest 33[min] along Restoration Road to
coordinates 40.7699, -73.4434; then heading southwest 275[min] along
Restoration Road to coordinates 40.76942, -73.4440; continuing southwest
194[min] along Restoration Road to coordinates 40.76900, -73.4445; then
heading north-northwest 334[min] along a gravel path to coordinates
40.7698, -73.4448; then heading northwest 364[min] along a gravel path
to the starting point at coordinates 40.7703, -73.4460.
Orleans County. (A) That portion of land in the town of Barre
bounded as follows: Beginning at a point on the north side of Spoil Bank
Road marked by latitude-longitude coordinates 43.1327, -78.1234; then
east along a farm road running parallel to Spoil Bank Road to
coordinates 43.1327, -78.1191; then
[[Page 124]]
north along a willow hedge row to coordinates 43.1354, -78.1191; then
west along a drainage ditch to coordinates 43.1353, -78.1227; then
northwest along a drainage ditch to coordinates 43.1354, -78.1230; then
northwest to coordinates 43.1355, -78.1232; then west to coordinates
43.1355, -78.1233; then southwest to coordinates 43.1354, -78.1234; then
south along a drainage ditch to the point of beginning at coordinates
43.1327, -78.1234;
(B) That portion of land in the town of Barre bounded as follows:
Beginning at a point marked by latitude-longitude coordinates 43.1548, -
078.1199; then east along a farm road to coordinates 43.1548, -078.1166;
then south to coordinates 43.1524, -078.1167; then west to coordinates
43.1524, -078.1199; then north along a willow hedgerow to the point
beginning at coordinates 43.1548, -078.1199; and
(C) That portion of land in the town of Barre bounded as follows:
Beginning at a point marked by latitude-longitude coordinates 43.1551, -
78.1240; then west to coordinates 43.1551, -78.1244; then southwest to
coordinates 43.1550, -78.1245; then southwest to coordinates 43.1550, -
78.1245; then south to coordinates 43.1549, -78.1245; then west along a
drainage ditch to coordinates 43.1548, -78.1264, then north to
coordinates 43.1596, -78.1266; then east along a farm road to
coordinates 43.1597, -78.1243; then south along a willow hedge to the
point of beginning at coordinates 43.1551, -78.1240.
Seneca County. The town of Tyre.
Steuben County. (A) The towns of Prattsburgh and Wheeler.
(B) The area known as ``Arkport Muck North'' located in the town of
Dansville bounded as follows: Beginning at a point along the west bank
of the Marsh Ditch that intersects a farm road marked by latitude/
longitude coordinates 42.4230, -77.7121; then north along the Marsh
Ditch to coordinates 42.4314, -77.7158; then west along a farm road to
coordinates 42.4307, -77.7204; then south along the edge of a forest to
coordinates 42.4284, -77.7194; then west along a farm road to
coordinates 42.4282, -77.7201; then south along a farm road to
coordinates 42.4255, -77.7189; then east along a tree line to
coordinates 42.4254, -77.7180; then south along a tree line to
coordinates 42.4230, -77.7157; then east to point of beginning at
coordinates 42.4230, -77.7121;
(C) The area known as ``Arkport Muck South'' located in the town of
Dansville bounded as follows: Beginning at a point along the west side
of New York Route 36 marked by latitude/longitude coordinates 42.4034, -
77.6986; then north along the west side of New York Route 36 to
coordinates 42.4145, -77.6999; then west along a farm road to
coordinates 42.4145, -77.7029; then north along a farm road to
coordinates 42.4160, -77.7036; then west along a farm road to
coordinates 42.4162, -77.7083; then north along the west bank of the
Marsh Ditch to coordinates 42.4186, -77.7097; then west along a farm
road to coordinates 42.4181, -77.7121; then north along a farm road to
coordinates 42.4214, -77.7140; then west along a farm road to
coordinates 42.4211, -77.7198; then south along the east side of the
Conrail right-of-way (Erie Lackawanna Railroad) to coordinates 42.4050,
-77.7107; then east along a farm road to coordinates 42.4049, -77.7038;
then south along a farm road to coordinates 42.4034, -77.7030; then east
to point of beginning at coordinates 42.4034, -77.6986;
(D) That portion of land in the town of Cohocton (formerly known as
the ``Werthwhile Farm'') 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
(E) That portion of land 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 42.4368, -77.5751; then
west along the farm road to coordinates 42.4367, -77.5780; then south to
coordinates 42.4360, -77.5780; then west to coordinates 42.4359, -
77.5807; then south to coordinates 42.4335, -77.5806; then east to
coordinates 42.4333, -77.5778; then south to coordinates 42.4318, -
77.5777; then east to coordinates 42.4323, -77.5771; then north to
coordinates 42.4330, -77.5763; then east to coordinates 42.4330, -
77.5761; then north to coordinates 42.4349, -77.5756; then east to
coordinates 42.4349, -77.5749; then north to the point of beginning at
coordinates 42.4368, -77.5751.
Suffolk County. (A) Towns of Riverhead, East Hampton, Southampton,
Southold, and Shelter Island in their entirety in Suffolk County;
(B) That portion of land in the town of Huntington and the hamlet of
Melville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7767, -72.4202; then proceeding southwest
788[min] along Broad Hollow Rd. to coordinates 40.7746, -72.4210; then
heading east 2354[min] along Huntington Quadrangle Rd. to coordinates
40.7748, -72.4125; then heading south 2095[min] parallel to Maxess Rd.
to coordinates 40.7691, -72.4121; then heading southeast 250[min] along
Bayliss Rd. to coordinates 40.7689, -72.4113; then heading 2734[min]
north to coordinates 40.7764, -72.4114; then heading east 1820[min] to
coordinates 40.7767, -72.4049; then heading north 233[min] along
Pinelawn Rd. to coordinates 40.7773, -72.4048; then heading west
4267[min] to the starting point at coordinates 40.7767, -72.4202;
(C) That portion of land in the town of Huntington and the hamlet of
Melville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7954, -72.4080; then proceeding south 1645[min]
[[Page 125]]
along the west boundary of White Post Farms to coordinates 40.7909, -
72.4073; then proceeding east 1110[min] along the south boundary of
White Post Farms and a housing development to coordinates 40.7910, -
72.4033; then heading north 2033[min] parallel to Bedell Place to
coordinates 40.7965, -72.4041; then heading southwest 1170[min] along
Old Country Road to the starting point at coordinates 40.7954, -72.4080;
(D) That portion of land in the town of Huntington and the hamlet of
Dix Hills bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7904, -72.3410; then proceeding southeast
306[min] along Deer Park Road to coordinates 40.7896, -72.3407;
continuing southeast 272[min] along Deer Park Road to coordinates
40.7888, -72.3404; continuing southeast 530[min] along Deer Park Road to
coordinates 40.7874, -72.3399; then proceeding northeast 1002[min] along
the south boundary of the DeLalio Sod Company to coordinates 40.7883, -
72.3364; then proceeding northwest 541[min] along the east boundary of
the DeLalio Sod Company and the Garden Depot to coordinates 40.7897, -
72.3371; continuing northwest 554[min] along the east boundary of field
15-C-21 to coordinates 40.7911, -72.3377; then proceeding southwest
952[min] along the north boundary of field 15-C-21 to the starting point
at coordinates 40.7904, -72.3410; and
(E) That portion of land in the town of Brookhaven and the hamlet of
Manorville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.8542, -72.8240; then proceeding northeast
442[min] along South Street to coordinates 40.8545, -72.8225; continuing
northeast 1086[min] along South Street to coordinates 40.8550, -72.8186;
then proceeding east 413[min] to coordinates 40.8551, -72.8171 at the
intersection of South Street and Wading River Rd.; then proceeding
northwest 714[min] along Wading River Road to coordinates 40.8568, -
72.8183; then continuing northwest 695[min] along Wading River Road to
coordinates 40.8586, -72.8194; continuing northwest 497[min] along
Wading River Road to coordinates 40.8598, -72.8202; continuing northwest
221[min] along Wading River Road to coordinates 40.8603, -72.8205;
continuing northwest 203[min] along Wading River Road to coordinates
40.8608, -72.8209; continuing 194[min] along Wading River Road to
coordinates 40.8613, -72.8212; continuing 212[min] along Wading River
Road to coordinates 40.8618, -72.8215; proceeding northwest 30[min] to
coordinates 40.8618, -72.8216; then heading 45[min] west to coordinates
40.8618, -72.8218; then heading 183[min] southwest along the south ramp
of the Long Island Expressway to coordinates 40.8617, -72.8224; then
heading west 179[min] parallel with the south ramp of the Long Island
Expressway to coordinates 40.8617, -72.8231; then continuing west
182[min] to coordinates 40.8617, -72.8237; continuing west 299[min]
parallel with the south ramp of the Long Island Expressway to
coordinates 40.8618, -72.8248; then proceeding 201[min] southeast to
coordinates 40.8617, -72.8255; continuing southwest 88[min] to
coordinates 40.8615, -72.8257; then south 83[min] along a wood line to
coordinates 40.8613, -72.8257; continuing south 116[min] along a wood
line to coordinates 40.8610, -72.8257; continuing southeast 96[min]
along a wood line to coordinates 40.8607, -72.8256; then heading 92[min]
southwest along the wood line to coordinates 40.8605, -72.8257; then
heading 47[min] south along the wood line to coordinates 40.8603, -
72.8257; then heading southeast 194[min] along the wood line to
coordinates 40.8599, -72.8261; continuing 87[min] southwest along the
wood line to coordinates 40.8597, -72.8262; continuing 200[min]
southwest along the wood line to coordinates 40.8592, -72.8265; then
heading southeast 112[min] along the wood line to coordinates 40.8589, -
72.8264; then heading east 232[min] along the wood line to coordinates
40.8589, -72.8256; then heading south 828[min] along the wood line to
coordinates 40.8566, -72.8253; then heading east 246[min] along the
northern boundary of a horse farm to coordinates 40.8567, -72.8244; then
heading south 940[min] along the boundary of a horse farm to the
starting point at coordinates 40.8542, -72.8240.
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; 76 FR 60358, Sept. 29, 2011; 78 FR 1714, Jan. 9,
2013; 78 FR 3827, Jan. 17, 2013; 80 FR 59553, Oct. 2, 2015]
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.
[[Page 126]]
(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 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.
[[Page 127]]
(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.
---------------------------------------------------------------------------
\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 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
[[Page 128]]
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 present 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 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
[[Page 129]]
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_Pale Cyst Nematode
Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted.
Sec. 301.86 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, quarantine, treat,
apply other remedial measures to, destroy, or otherwise dispose of
regulated articles as provided in section 414 of the Plant Protection
Act (7 U.S.C. 7714).
---------------------------------------------------------------------------
Sec. 301.86-1 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.
Associated field. A field that has been found to be at risk for
infestation with pale cyst nematode in accordance with Sec. 301.86-
3(c)(2).
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of pale cyst nematode 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, 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. 301.86-4.
Field. A defined production site that is managed separately from
surrounding areas for phytosanitary purposes.
Infestation (infested). The presence of the pale cyst nematode or
the existence of circumstances that makes it reasonable to believe that
the pale cyst nematode is present.
Infested field. A field that has been found to be infested with pale
cyst nematode in accordance with Sec. 301.86-3(c)(1).
Inspector. Any employee of APHIS 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.
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. 301.86-5(b) 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.
Nursery stock. Living plants and plant parts intended to be planted,
to remain planted, or to be replanted.
[[Page 130]]
Pale cyst nematode. The pale cyst nematode (Globodera pallida), in
any stage of development.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Plant Protection and Quarantine. The Plant Protection and Quarantine
program of the Animal and Plant Health Inspection Service, United States
Department of Agriculture.
Quarantined area. Any State or portion of a State designated as a
quarantined area in accordance with the provisions in Sec. 301.86-3.
Regulated article. Any article listed in Sec. 301.86-2 or otherwise
designated as a regulated article in accordance with Sec. 301.86-2(i).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]
Sec. 301.86-2 Regulated articles.
The following are regulated articles:
(a) Pale cyst nematodes. \2\
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\2\ Permit and other requirements for the interstate movement of
pale cyst nematodes are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) The following pale cyst nematode host crops:
Eggplant (Solanum melongena L.)
Pepper (Capsicum spp.)
Potato (Solanum tuberosum L.)
Tomatillo (Physalis philadelphica)
Tomato (Lycopersicon esculentum L.)
(c) Root crops.
(d) Garden and dry beans (Phaseolus spp.) and peas (Pisum spp.).
(e) All nursery stock.
(f) Soil, compost, humus, muck, peat, and manure, and products on or
in which soil is commonly found, including grass sod and plant litter.
(g) Hay, straw, and fodder.
(h) Any equipment or conveyance used in an infested or associated
field that can carry soil if moved out of the field.
(i) Any other product, article, or means of conveyance not listed in
paragraphs (a) through (h) of this section that an inspector determines
presents a risk of spreading the pale cyst nematode, after the inspector
provides written notification to the person in possession of the
product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]
Sec. 301.86-3 Quarantined areas.
(a) Designation of quarantined areas. In accordance with the
criteria listed in paragraph (c) of this section, the Administrator will
designate as a quarantined area each field that has been found to be
infested with pale cyst nematode, each field that has been found to be
associated with an infested field, and any area that the Administrator
considers necessary to quarantine because of its inseparability for
quarantine enforcement purposes from infested or associated fields. The
Administrator will publish the description of the quarantined area on
the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/
plant--health/plant--pest--info/potato/pcn.shtml. The description of the
quarantined area will include the date the description was last updated
and a description of the changes that have been made to the quarantined
area. The description of the quarantined area may also be obtained by
request from any local office of PPQ; local offices are listed in
telephone directories. After a change is made to the quarantined area,
we will publish a notice in the Federal Register informing the public
that the change has occurred and describing the change to the
quarantined area.
(b) Designation of an area less than an entire State as a
quarantined area. 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 pale cyst nematode.
(c) Criteria for designation of fields as infested fields and
associated fields. (1)
[[Page 131]]
Infested fields. The Administrator will designate a field as an infested
field when a pale cyst nematode is found in the field.
(2) Associated fields. The Administrator will designate a field as
an associated field when pale cyst nematode host crops, as listed in
Sec. 301.86-2(b), have been grown in the field in the last 10 years and
(i) The field shares a border with an infested field; or
(ii) The field came into contact with a regulated article listed in
Sec. 301.86-2 from an infested field within the last 10 years; or
(iii) Within the last 10 years, the field shared ownership, tenancy,
seed, drainage or runoff, farm machinery, or other elements of shared
cultural practices with an infested field that could allow spread of the
pale cyst nematode, as determined by the Administrator.
(d) Removal of fields from quarantine--(1) Infested fields. An
infested field will be removed from quarantine when a protocol approved
by the Administrator as sufficient to support removal of infested fields
from quarantine has been completed and the field has been found to be
free of pale cyst nematode.
(2) Associated fields. An associated field will be removed from
quarantine when the field has been found to be free of pale cyst
nematode according to a protocol approved by the Administrator as
sufficient to support removal of associated fields from quarantine.
(3) Removal of other areas from quarantine. If the Administrator has
quarantined any area other than infested or associated fields because of
its inseparability for quarantine enforcement purposes from infested or
associated fields, as provided in paragraph (a) of this section, that
area will be removed from quarantine when the relevant infested or
associated fields are removed from quarantine.
[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]
Sec. 301.86-4 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. 301.86-5 and 301.86-8;
(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 (except for refueling and for traffic conditions such
as traffic lights and stop signs); and
(C) The regulated article is not unpacked or unloaded in the
quarantined area; and
(D) 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 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.
Sec. 301.86-5 Issuance and cancellation of certificates and limited
permits.
(a) Certificates. An inspector \3\ or person operating under a
compliance agreement may issue a certificate for the interstate movement
of a regulated article if the inspector determines that
[[Page 132]]
the regulated article satisfies the general requirements for a
certificate in paragraph (a)(1) of this section and any requirements
that may apply to the regulated article under paragraphs (a)(2) through
(a)(7) of this section.
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\3\ 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) Certification requirements for all regulated articles. The
regulated article must 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
the pale cyst nematode. In addition, the regulated article must be
eligible for unrestricted movement under all other Federal domestic
plant quarantines and regulations applicable to the regulated article.
---------------------------------------------------------------------------
\4\ Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides
that the Secretary of Agriculture may, under certain conditions, hold,
seize, quarantine, treat, apply other remedial measures to destroy or
otherwise dispose of any plant, plant pest, plant product, article, or
means of conveyance that is moving, or has moved into or through the
United States or interstate if the Secretary has reason to believe the
article is a plant pest or is infested with a plant pest at the time of
movement.
---------------------------------------------------------------------------
(2) Certification requirements for nursery stock--(i) Potatoes.
Potatoes intended for use as nursery stock (i.e., seed potatoes) are
prohibited from being moved interstate from the quarantined area.
(ii) Nursery stock of other host crops. An inspector may issue a
certificate for the interstate movement of nursery stock of pale cyst
nematode host crops other than potatoes, as listed in Sec. 301.86-2(b),
if the nursery stock was grown in a field that meets the following
requirements:
(A) The field has been surveyed by an inspector for pale cyst
nematode at least once in the last 3 years;
(B) The pale cyst nematode has not been found in the field; and
(C) No more than one pale cyst nematode host crop, as listed in
Sec. 301.86-2(b), has been grown in the last 3 years.
(iii) Nursery stock of non-host crops--(A) With soil. An inspector
may issue a certificate for the interstate movement of nursery stock of
non-host crops moved with soil if the nursery stock was grown in a field
that meets the following requirements:
(1) The field has been surveyed by an inspector for pale cyst
nematode at least once in the last 3 years;
(2) The pale cyst nematode has not been found in the field; and
(3) No more than one pale cyst nematode host crop, as listed in
Sec. 301.86-2(b), has been grown in the field in the last 3 years.
(B) Without soil (bare-rooted). An inspector may issue a certificate
for the interstate movement of nursery stock of non-host crops moved
without soil if the inspector finds the nursery stock to be free of soil
on its roots and on all other parts of the plant.
(3) Certification requirements for potatoes for consumption, root
crops for consumption, garden or dry beans, and peas. An inspector may
issue a certificate for the movement of potatoes intended for
consumption, root crops intended for consumption, garden or dry beans,
or peas from the quarantined area only if the field in which the
potatoes, root crops, garden or dry beans, or peas were grown meets the
following requirements:
(i) The field has been surveyed by an inspector for pale cyst
nematode at least once in the last 3 years and prior to the planting of
the potatoes or root crops;
(ii) Pale cyst nematode has not been found in the field; and
(iii) No more than one pale cyst nematode host crop, as listed in
Sec. 301.86-2(b), has been grown in the field in the last 3 years.
(4) Certification requirements for soil and associated products. An
inspector may issue a certificate for the interstate movement of a
regulated article listed in Sec. 301.86-2(e) only if the article
originated in a field that meets the following requirements:
(i) The field has been surveyed by an inspector for pale cyst
nematode at least once in the last 3 years;
(ii) The pale cyst nematode has not been found in the field; and
(iii) No more than one pale cyst nematode host crop, as listed in
Sec. 301.86-2(b), has been grown in the last 3 years.
(5) Certification requirements for hay, straw, and fodder. An
inspector may issue a certificate for the movement of
[[Page 133]]
hay, straw, or fodder from the quarantined area only if:
(i) The field where the hay, straw, or fodder was produced meets the
following requirements:
(A) The field has been surveyed by an inspector for pale cyst
nematode at least once in the last 3 years;
(B) The pale cyst nematode has not been found in the field; and
(C) No more than one pale cyst nematode host crop, as listed in
Sec. 301.86-2(b), has been grown in the field in the last 3 years; or
(ii) The hay, straw, or fodder is produced according to procedures
judged by an inspector to be sufficient to isolate it from soil
throughout its production.
(6) Certification requirements for equipment used in infested or
associated fields. An inspector may issue a certificate for the
interstate movement of equipment that has been used in an infested or
associated field and that can carry soil if moved out of the field only
after the equipment has been pressure-washed under the supervision of an
inspector to remove all soil or steam-treated in accordance with part
305 of this chapter.
(b) Limited permits--(1) General conditions. An inspector \5\ may
issue a limited permit for the interstate movement of a regulated
article if the inspector determines that:
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.86-5(a).
---------------------------------------------------------------------------
(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 pale
cyst nematode because life stages of the pale cyst nematode will be
destroyed by the specified handling, processing, or utilization;
(ii) 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) to prevent the
spread of the pale cyst nematode; and
(iii) The regulated article is eligible for interstate movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated article.
(2) Specific conditions for potatoes for consumption. An inspector
may issue a limited permit to allow the interstate movement of potatoes
from the quarantined area for processing or packing only if:
(i) The potatoes are transported in a manner that prevents the
potatoes and soil attached to the potatoes from coming into contact with
agricultural premises outside the quarantined area; and
(ii) The potatoes are processed or packed at facilities that handle
potatoes, waste, and waste water in a manner approved by APHIS to
prevent the spread of pale cyst nematode.
(c) Certificates and limited permits for the interstate movement of
regulated articles may be issued by an inspector or person operating
under a compliance agreement. A person operating under a compliance
agreement may issue a certificate for the interstate movement of a
regulated article after an inspector has determined that the regulated
article is eligible for a certificate in accordance with paragraph (a)
of this section. A person operating under a compliance agreement may
issue a limited permit for interstate movement of a regulated article
after 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, either orally or in writing, by an inspector if he or she
determines that the holder of the certificate or limited permit has not
complied with all provisions in this subpart for the use of the
certificate or limited permit or has not complied with all the
conditions contained in the certificate or limited permit. If the
withdrawal is oral, the withdrawal and the reasons for the withdrawal
will be confirmed in writing as promptly as circumstances allow. Any
person whose certificate or limited permit has been withdrawn may appeal
the decision in writing to the Administrator within 10 days after
receiving the written notification of the withdrawal. The appeal must
state all of the facts and reasons upon which
[[Page 134]]
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
0579-0322)
[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]
Sec. 301.86-6 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 is aware of this subpart, agrees to comply
with its provisions, and agrees to comply with all the provisions
contained in the compliance agreement. \6\
---------------------------------------------------------------------------
\6\ Compliance agreement forms are available without charge from
local Plant Protection and Quarantine offices, which are listed in
telephone directories.
---------------------------------------------------------------------------
(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
any of the provisions of 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, 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. 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. 301.86-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.86-5(c)) who desires a certificate or
limited permit to move a regulated article interstate 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. 301.86-5(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. 301.86-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article must, 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 or limited permit is attached to the consignee's copy of
the waybill, the regulated article must be sufficiently described on the
certificate or limited permit and on the waybill to identify the
regulated article.
(b) The certificate or limited permit for the interstate movement of
a regulated article must be furnished by the carrier or the carrier's
representative to the consignee listed on the certificate or limited
permit upon arrival at the location provided on the certificate or
limited permit.
(Approved by the Office of Management and Budget under control number
0579-0322)
Sec. 301.86-9 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. APHIS will not be responsible for any costs or charges
incident to inspections or compliance with the provisions of the
quarantine and regulations in
[[Page 135]]
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.
---------------------------------------------------------------------------
(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 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.
[[Page 136]]
``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 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
[[Page 137]]
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\
---------------------------------------------------------------------------
\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
(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 part 305 of this chapter, or
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\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
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\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
[[Page 138]]
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. 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;
75 FR 4241, Jan. 26, 2010]
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.
---------------------------------------------------------------------------
\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.)
---------------------------------------------------------------------------
(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
[[Page 139]]
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
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 [Reserved]
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
[[Page 140]]
structures, conveyances, and equipment that receive, unload, and store,
grain, and that is able to operate as an independent unit from other
units of the grain handling operation. A grain handling operation may be
one grain storage facility or may be comprised of many grain storage
facilities on a single premises.
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
[[Page 141]]
to movement and are intended for use indoors;
(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
[[Page 142]]
field, will be released from regulation if:
(1) The field has been permanently removed from crop production; or
(2) The field is tilled at least once per year for a total of 5
years (the years need not be consecutive). After tilling, the field may
be planted with a crop or left fallow. If the field is planted with a
host crop, the crop must test 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. 24, T. 8
N., R. 21 W.; then south to the southeast corner of sec. 1, T. 7 N., R.
21 W.; then east to the northeast corner of sec. 7, T. 7 N., R. 20 W.;
then south to the southeast corner of sec. 19, T. 7 N., R. 20 W.; then
west to the southwest corner of sec. 19, T. 7 N., R. 20 W.; then south
to the southeast corner of sec. 36, T. 7 N., R. 21 W.; then west to the
southwest corner of sec. 36, T. 7 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. 10, T. 6 N., R. 21 W.; then west to the
southwest corner of sec. 8, T. 6 N., R. 21 W.; then north to the
southwest corner of sec. 5, T. 6 N., R. 21 W.; then west to the
southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the
northwest corner of sec. 6, T. 6 N., R. 21 W.; then west to the
southwest corner of sec. 36, T. 7 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 from that
point to the Colorado River; then northeast along the Colorado River to
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. 8, T.
1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S., R.
2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2 E.;
then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then
north to the 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. 1 S., 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. 33, T. 2
N., R. 2 W.; then east to the northeast corner of sec. 33, 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. 3 N., 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.
14, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 35, T.
1 N., R. 2 E.; then west to the northeast corner of sec. 3, T. 1 S., R.
2 E.; then south to the southeast corner of sec. 3, 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. 33, T. 2
S., R. 5 E.; then north to the northwest corner of sec. 33; then west to
the southwest corner of sec. 30, 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
[[Page 143]]
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. 27, T. 1 S., R. 5 E.;
then east to the northeast corner of sec. 27, T. 1 S., R. 5 E.; then
north to the northwest corner of sec. 23, T. 1 S., R. 5 E.; then east to
the northeast corner of sec. 21,T. 1 S., R. 6 E.; then south to the
southeast corner of sec. 21, T. 1 S., R. 6 E.; then east to the
northeast corner of sec. 27, T. 1 S., R. 6 E.; then south to the
southeast corner of sec. 27, T. 1 S., R. 6 E.; then east to the
northeast corner of sec. 31, T. 1 S., R. 7 E.; 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.;
the 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 northwest corner of sec. 22, T. 5 S., R. 7
W.; then 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 south
west corner of sec. 17, T. 1 N., R. 5 E.; then north to the northwest
corner of sec. 27, 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 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. 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. 28, T. 3 S., R. 6 E.;
then west to the southwest corner of sec. 28, T. 3 S., R. 6 E.; then
south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to
the southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 27, 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. 4, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 4, 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 northwest corner of sec. 6, T. 3 S., R. 8 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
[[Page 144]]
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., 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.
[61 FR 52207, Oct. 4, 1996]
Editorial Note: For Federal Register citations affecting Sec.
301.89-3, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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 part 305 of this
chapter 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;
(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 part
305 of this chapter.
[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; 75 FR 4241, Jan.
26, 2010; 75 FR 68945, Nov. 10, 2010]
Sec. 301.89-6 Issuance of a certificate or limited permit.
(a) An inspector \1\ 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:
---------------------------------------------------------------------------
\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, 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
[[Page 145]]
(7 U.S.C. 7714) \2\ to prevent the artificial spread of Karnal bunt; 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 431
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(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 part 305 of this chapter.
(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; 75 FR
4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010]
Sec. 301.89-7 Compliance agreements.
Persons who grow, handle, or move regulated articles may enter into
a compliance agreement \3\ 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 part 305 of this chapter, 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
[[Page 146]]
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 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; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10,
2010]
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 \4\ at least 24 hours before the services
are needed.
---------------------------------------------------------------------------
\4\ See footnote 1.
---------------------------------------------------------------------------
(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; 75 FR 68945, Nov. 10, 2010]
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 part 305 of
this chapter 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 part
305 of this chapter 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
[[Page 147]]
cleaned and, if disinfection is determined to be necessary by an
inspector, disinfected in accordance with part 305 of this chapter 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 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, as amended at 75 FR 4241, Jan. 26, 2010]
Sec. Sec. 301.89-13--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 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
[[Page 148]]
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.
(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
[[Page 149]]
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.
(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
[[Page 150]]
(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.
(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
[[Page 151]]
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
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
[[Page 152]]
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, 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
[[Page 153]]
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.
Quarantine and Regulations
Sec. 301.91 Quarantine and regulations; restrictions on interstate
movement of regulated articles. \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).
---------------------------------------------------------------------------
(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
[[Page 154]]
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).
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.
[[Page 155]]
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 designation shall
be given to the owner or person in possession of such nonregulated area,
and, thereafter, the interstate movement of any regulated article from
such area shall be subject to the applicable provisions of this subpart.
As soon as practicable, such area shall be added to the list in
paragraph (c) of this section or such designation shall be terminated by
the Deputy Administrator or an inspector, and notice thereof shall be
given to the owner or person in possession of the area.
(c) The areas described below are designated as regulated areas:
Maine
Hancock County. The entire townships of Gouldsboro, Sorrento,
Sullivan, T7 SD, T9 SD, T10 SD, and T16 MD, and Winter Harbor.
Knox County. The entire townships of Appleton, Camden, Cushing,
Friendship, Hope, Owls Head, Rockland, Rockport, Saint George, South
Thomaston, Thomaston, Union, Warren, and Washington.
Lincoln County. The entire townships of Alna, Boothbay, Boothbay
Harbor, Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle,
Nobleboro, Somerville, South Bristol, Southport, Waldoboro, Westport
Island, and Wiscasset.
Waldo County. The entire townships of Lincolnville and Searsmont.
Washington County. The entire townships of Addison, Baring
Plantation, Beals, Beddington, Berry Township, Calais, Cathance
Township, Centerville Township, Charlotte, Cherryfield, Columbia,
Columbia Falls, Cooper, Cutler, Deblois, Dennysville, East Machias,
Eastport, Edmunds Township, Harrington, Jonesboro, Jonesport, Lubec,
Machias, Machiasport, Marion Township, Marshfield, Meddybemps,
Milbridge, Northfield, Pembroke, Perry, Robbinston, Roque Bluffs,
Steuben, T18 MD BPP, T19 MD BPP, T24 MD BPP, T25 MD BPP, Trescott
Township, Whiting, and Whitneyville.
[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; 76 FR 52544, Aug. 23,
2011]
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
[[Page 156]]
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) 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 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]
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