[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80002-80019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27280]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2019-0035]
RIN 0579-AE53


Domestic Quarantine Regulations; Quarantined Areas and Regulated 
Articles

AGENCY: Animal and Plant Health Inspection Service, Department of 
Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: We are revising the regulations that govern domestic 
quarantines for various plant pests by removing lists of quarantined 
areas and regulated articles from the regulations in order to maintain 
these lists on the Agency's web pages. We are making these amendments 
because they will allow the Agency to update the lists more 
responsively, using a notice-based, streamlined approach, while 
continuing to protect plant health.

DATES: Effective January 30, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National 
Policy Manager, Office of the Deputy

[[Page 80003]]

Administrator, PPQ, APHIS, 4700 River Road, Unit 137, Riverdale, MD 
20737; (301) 851-2286; [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under the Plant Protection Act (PPA, 7 U.S.C 7701 et seq.), the 
Secretary of Agriculture is authorized to restrict the interstate 
movement of plants, plants products, and other articles to prevent the 
dissemination of plant pests and noxious weeds within the United 
States, and to issue regulations and orders regarding such 
restrictions. The Secretary has delegated this authority to the Animal 
and Plant Health Inspection Service (APHIS).
    Pursuant to the PPA, APHIS issued the regulations in 7 CFR part 
301, ``Domestic Quarantine Notices'' (referred to below as the 
regulations), in order to prevent the interstate spread of plant pests 
within the United States. Accordingly, part 301 includes 18 subparts in 
the regulations, each addressing a specific plant pest, and each 
designating certain areas of the United States as quarantined \1\ areas 
for a plant pest, designating certain articles that may present a risk 
of spread of the plant pest in question as regulated articles, and 
placing conditions on the interstate movement of regulated articles 
from quarantined areas.
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    \1\ Certain subparts refer to quarantined areas as ``regulated 
areas'' or ``infested areas.'' Since the term ``quarantined area'' 
is the most common in the regulations, and the terms all share a 
common meaning, we use ``quarantined area'' in this preamble as a 
general term inclusive of those other terms. We use the other terms 
only when context dictates their use.
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    On June 14, 2022, we published in the Federal Register (87 FR 
35904-35923, Docket No. APHIS-2019-0035) a proposal \2\ to revise the 
regulations that govern domestic quarantines for various plant pests by 
removing lists of quarantined areas and regulated articles from the 
regulations in order to maintain these lists on the Agency's web pages. 
As a result of this proposed revision, lists of quarantined areas and 
regulated articles would be moved from the regulations to websites for 
various plant pests that APHIS' Plant Protection and Quarantine (PPQ) 
program maintains. We also proposed to issue yearly notices in the 
Federal Register in order to communicate changes to the lists of 
quarantined areas, and issue notices as needed in order to make changes 
to the lists of regulated articles.
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    \2\ To view the proposed rule, go to http://www.regulations.gov 
and enter APHIS-2019-0035 in the Search field.
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    We solicited comments concerning our proposal for 60 days, ending 
August 15, 2022. We received no comments by that date. Therefore, for 
the reasons given in the proposed rule, we are adopting the proposed 
rule as a final rule, without change.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities.
    APHIS is removing from the regulations lists of areas and articles 
associated with various plant pests and placing the lists on the PPQ 
website. Specifically, the PPQ website (https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases) will house lists of quarantined, protected, suppressive, and 
generally infested areas; and lists of regulated articles, exempted 
articles, restricted articles, associated articles, and host articles. 
Changes to these lists will no longer require rulemaking. Rather, 
changes will be made using a notice-based regulatory process. This web-
listing process will only be for certain programs that are already 
listed in the regulations.
    Potential cost savings are not quantified. The benefits of this 
rule to our stakeholders will be timelier and more easily accessible 
notification of changing phytosanitary information. The cost savings to 
the Agency will come from a more simplified process (i.e., using fewer 
resources) when taking emergency action to prevent the dissemination of 
plant pests and diseases. The notice-based approach will require less 
time and fewer steps than publishing a rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 2 CFR chapter IV.)

Executive Order 12988

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

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 301

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

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

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    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).


0
2. Section 301.32-1 is amended by revising the definition of 
``Regulated article'' to read as follows:


Sec.  301.32-1  Definitions.

* * * * *
    Regulated article. Any article identified as a regulated article 
under Sec.  301.32-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.32-2(b), or otherwise designated in 
accordance with Sec.  301.32-2(c) or (d).
* * * * *

0
3. Section 301.32.-2 is revised to read as follows:


Sec.  301.32-2  Regulated articles.

    (a) List of regulated articles. Certain berries, fruits, nuts, and 
vegetables are regulated articles for one or more species of fruit fly 
unless the berries, fruits, nuts, or vegetables are canned, dried, or 
frozen below -17.8 [deg]C (0 [deg]F). The relevant commodity (both 
botanical name and common name), as well as the fruit fly species for 
which it is a regulated article, is found at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home.
    (b) Normal process for adding regulated articles. (1) If the 
Administrator determines that an article

[[Page 80004]]

not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home presents a risk of spreading one or more species of fruit 
flies, APHIS will publish a notice in the Federal Register proposing to 
designate the article as a regulated article for the relevant species 
of fruit flies. The notice will provide the basis for this 
determination and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for the relevant species of fruit flies and listing 
it.
    (c) Soil and plants as regulated articles. Soil is a regulated 
article if it is within the dripline of a regulated article that is 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home and 
that is annotated with an asterisk. Plants are regulated articles if 
they are producing or have produced species in the family Cucurbitaceae 
that are listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home as regulated articles for melon fruit fly.
    (d) Immediate designation of other regulated articles. Any other 
product, article, or means of conveyance not listed at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home is a regulated 
article, if an inspector determines it 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.


Sec.  301.32-4  [Amended]

0
4. Section 301.32-4 is amended in the introductory text by 
redesignating footnote 2 as footnote 1.

0
5. Section 301.32-5 is amended as follows:
0
a. In paragraph (a) introductory text by redesignating footnote 3 as 
footnote 1;
0
b. In paragraph (b) introductory text by redesignating footnote 4 as 
footnote 2; and
0
c. By revising newly redesignated footnote 2.
    The revision reads as follows:


Sec.  301.32-5  Issuance and cancellation of certificates and limited 
permits.

* * * * *
\2\ See footnote 1 of this section.


Sec.  301.32-6  [Amended]

0
6. Section 301.32-6 is amended in paragraph (a) by redesignating 
footnote 5 as footnote 1.

0
7. Section 301.32-7 is amended in paragraph (a) as follows:
0
a. By redesignating footnote 6 as footnote 1; and
0
b. By revising newly redesignated footnote 1.
    The revision reads as follows:


Sec.  301.32-7  Assembly and inspection of regulated articles.

* * * * *
\1\ See footnote 1 to Sec.  301.32-5(a).

0
8. Section 301.38-1 is amended as follows:
0
a. In the definition of ``Certificate'' by removing the words ``of this 
subpart'';
0
b. By revising the definition of ``Protected area'';
0
c. By placing the definition of ``Regulated article'' in alphabetical 
order and revising the definition;
0
d. In the definition for ``Rust-resistant plants'':
0
i. By redesignating footnote 2 as footnote 1; and
0
ii. By removing the text ``under Sec.  301.38-2 (a)(1) and (a)(2)'' and 
adding the text ``in accordance with Sec.  301.38-2'' in its place; and
0
e. In the definition for ``Rust-susceptible plants'' by removing the 
text ``under Sec.  301.38-2 (a)(1) and (a)(2)'' and adding the text 
``in accordance with Sec.  301.38-2'' in its place.
    The revisions read as follows:


Sec.  301.38-1  Definitions.

* * * * *
    Protected area. Those States or counties designated in accordance 
with Sec.  301.38-3.
    Regulated article. Any article identified as a regulated article 
under Sec.  301.38-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.38-2(c), or otherwise designated in 
accordance with Sec.  301.38-2(d).
* * * * *

0
9. Section 301.38-2 is revised to read as follows:


Sec.  301.38-2  Regulated articles.

    (a) Rust-resistant regulated articles. The Administrator has 
determined that certain Berberis species and varieties are rust-
resistant. A list of all such articles is located at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry.
    (b) Berberis, Mahoberberis, and Mahonia. 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, are regulated 
articles.
    (c) Process for adding rust-resistant regulated articles--(1) 
Normal process. (i) If the Administrator determines that an article not 
already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry meets 
the definition of rust-resistant plants found in this subpart, APHIS 
will publish a notice in the Federal Register proposing to designate 
the article as a rust-resistant regulated article for black stem rust. 
The notice will provide the basis for this determination, and will 
request public comment.
    (ii) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
rust-resistant regulated article for black stem rust and listing it.
    (2) Requested process. A person may request that an additional 
rust-resistant variety be added to the list at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. The person requesting that a rust-
resistant variety be added to the list 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 varieties. If APHIS determines 
the variety should be added to the list, APHIS will propose to add it 
to the list pursuant to paragraph (c)(1) of this section.
    (d) Immediate designation of regulated articles. Any other product 
or article not listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry 
is a regulated article if an inspector determines it 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.


(Approved by the Office of Management and Budget under control number 
0579-0186)

0
10. Section 301.38-3 is amended as follows:
0
a. In paragraph (a) by removing the words ``in paragraph (d)'' and 
adding

[[Page 80005]]

the words ``in accordance with paragraph (d)'' in their place;
0
b. In paragraph (c) by redesignating footnote 4 as footnote 1;
0
c. By revising paragraph (d); and
0
d. In paragraph (f) by removing the words ``in paragraph (d) of this 
section'' and adding ``at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry'' in their place.
    The revision reads as follows:


Sec.  301.38-3  Protected areas.

* * * * *
    (d) The Administrator will publish a list of all protected areas on 
the Plant Protection and Quarantine (PPQ) website at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. The list will include 
the date that the list was last updated. Lists of all protected areas 
may also be obtained by request from any local PPQ office; local 
offices are listed in telephone directories and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of protected areas in 
accordance with this section, APHIS will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the protected areas.
* * * * *


Sec.  301.38-4  [Amended]

0
11. Section 301.38-4 is amended as follows:
0
a. In paragraphs (b)(1)(ii), (b)(2) introductory text, and (b)(2)(i) by 
removing the words ``of this subpart''; and
0
b. In paragraph (b)(2)(ii) by removing the text ``in Sec.  301.38-
2(a)(2) of this subpart'' and adding the text ``in accordance with 
Sec.  301.38-2'' in its place.


Sec.  301.38-5  [Amended]

0
12. Section 301.38-5 is amended in paragraph (a) by redesignating 
footnote 5 as footnote 1.


Sec.  301.38-6  [Amended]

0
13. Section 301.38-6 is amended in paragraph (a) by redesignating 
footnote 6 as footnote 1.

0
14. Section 301.38-8 is amended as follows:
0
a. By redesignating footnote 4 as footnote 1; and
0
b. By adding footnote 1.
    The addition reads as follows:


Sec.  301.38-8  Costs and charges.

* * * * *
\1\ See footnote 1 in Sec.  301.38-3.

Subpart E [Amended]

0
15. Subpart E, consisting of Sec. Sec.  301.45 through 301.45-12, is 
amended by removing the words ``generally infested'' wherever they 
appear and adding the word ``quarantined'' in their place.

0
16. Section 301.45 is amended by revising paragraph (a) to read as 
follows:


Sec.  301.45  Notice of quarantine; restrictions 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 
establishes a quarantine within the United States to prevent the spread 
of the gypsy moth, Lymantria dispar (Linnaeus), a dangerous insect 
injurious to forests and shade trees and not widely prevalent or 
distributed throughout the United States, and establishes regulations 
governing the interstate movement of regulated articles and outdoor 
household articles from quarantined areas of the United States.
* * * * *

0
17. Section 301.45-1 is amended as follows:
0
a. By removing the definition for ``Generally infested area'';
0
b. In the definition for ``Qualified certified applicator'':
0
i. By Removing ``(1)'', ``(2)'', and ``(3)''; and
0
ii. By removing the words ``of this part''; and
0
c. By adding, in alphabetical order, a definition for ``Quarantine 
area''.
    The addition reads as follows:


Sec.  301.45-1  Definitions.

* * * * *
    Quarantine area. Any State, or portion thereof, listed as a 
generally infested area in accordance with Sec.  301.45-2 or 
temporarily designated as a generally infested area in accordance with 
Sec.  301.45-2(c).
* * * * *

0
18. Section 301.45-2 is amended as follows:
0
a. By revising paragraph (a);
0
b. In paragraph (c) by removing the text ``in Sec.  301.45-3'' and 
adding the text ``at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth'' in its place; and
0
c. In paragraph (d) by adding a sentence after the last sentence.
    The revision and addition read as follows:


Sec.  301.45-2  Authorization to designate and terminate designation of 
quarantined areas.

    (a) Except as provided in paragraphs (a)(1) and (2) of this 
section, the Administrator will designate as a quarantined area each 
State or each portion of a State in which a gypsy moth 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. The Administrator will publish a list of all 
quarantined areas on the Plant Protection and Quarantine (PPQ) website 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth. The list 
will include the date that the list was last updated. Lists of all 
quarantined areas may also be obtained by request from any local PPQ 
office; local offices are listed in telephone directories and on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, 
APHIS will publish a notice in the Federal Register informing the 
public that the change has occurred and describing the change to the 
quarantined areas. Notwithstanding the criteria in the preceding 
sentences, an area will not be listed as a quarantined area if the 
Administrator determines 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) 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.
* * * * *

[[Page 80006]]

    (d) * * * APHIS will publish a notice in the Federal Register 
informing the public that the change has occurred.


Sec.  301.45-3  [Removed and Reserved]

0
19. Section 301.45-3 is removed and reserved.


Sec.  301.45-4  [Amended]

0
20. Section 301.45-4 is amended in paragraph (a)(1) by redesignating 
footnote 3 as footnote 1.


Sec.  301.48-1  [Amended]

0
21. Section 301.48-1 is amended in the definition of ``Regulated 
airport'' by removing the words ``of this subpart''.

0
22. Section 301.51-1 is amended as follows:
0
a. In the definition for ``Quarantined area'':
0
i. By removing the text ``in Sec.  301.51-3(c) of this subpart'' and 
adding the text ``in accordance with Sec.  301.51-2'' in its place; and
0
ii. By removing the words ``of this subpart'' after the citation 
``Sec.  301.51-3(b)''; and
0
b. By revising the definition for ``Regulated article''.
    The revision reads as follows:


Sec.  301.51-1  Definitions.

* * * * *
    Regulated article. Any article identified as a regulated article 
under Sec.  301.51-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.51-2(b), or otherwise designated in 
accordance with Sec.  301.51-2(c).
* * * * *

0
23. Sections 301.51-2 and 301.51-3 are revised to read as follows:


Sec.  301.51-2  Regulated articles.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spreading Asian longhorned 
beetle. A list of all such articles is found on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle. Lists of all regulated articles may also be obtained by request 
from any local PPQ office; local offices are listed in telephone 
directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle presents a risk of spreading Asian longhorned beetle, 
APHIS will publish a notice in the Federal Register proposing to 
designate the article as a regulated article for Asian longhorned 
beetle. The notice will provide the basis for this determination, and 
will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for Asian longhorned beetle and listing it.
    (c) Immediate designation of regulated articles. Any other article, 
product, or means of conveyance not already listed in accordance with 
paragraph (a) of this section may be designated a regulated article on 
an immediate basis 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 
now subject to the restrictions of this subpart.


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 each State or portion 
of a State in which the Asian longhorned beetle is present, 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 the Asian longhorned beetle has been 
found. The Administrator will publish a list of all quarantined areas 
(the quarantine list) on the Plant Protection and Quarantine (PPQ) 
website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle. The list will include the date that the list was 
last updated. Lists of all quarantined areas may also be obtained by 
request from any local PPQ office; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made 
to the list of quarantined areas, APHIS will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the quarantined areas. 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 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 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 nonquarantined area. 
Thereafter, the interstate movement of any regulated articles from an 
area temporarily designated as quarantined area is subject to this 
subpart. As soon as practicable, this area will either be added to the 
quarantine list or the Administrator will terminate the designation. 
The owner or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation 
has terminated will be given written notice of the termination as soon 
as practicable.


Sec.  301.51-6  [Amended]

0
23. Section 301.51-6 is amended in paragraph (a) by redesignating 
footnote 3 as footnote 1.


Sec.  301.51-7  [Amended]

0
25. Section 301.51-7 is amended in paragraph (a) by redesignating 
footnote 4 as footnote 1.

0
26. Section 301.52 is revised to read as follows:


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.)): Florida.
    (b) List of regulated articles. The Deputy Administrator has 
determined that certain articles present a risk of spreading pink 
bollworm. A list of all such regulated articles is found on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests. 
Lists of all

[[Page 80007]]

regulated articles may also be obtained by request from any local PPQ 
office; local offices are listed in telephone directories and on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (c) Normal process for designating additional regulated articles. 
(1) If the Deputy Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests presents 
a risk of spreading pink bollworm, APHIS will publish a notice in the 
Federal Register proposing to designate the article as a regulated 
article for pink bollworm. The notice will provide the basis for this 
determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Deputy Administrator's determination, APHIS will 
publish a second notice in the Federal Register designating the article 
as a regulated article for pink bollworm and listing it.
    (d) Immediate designation of regulated articles. An inspector may 
designate any other product, article, or means of conveyance as a 
regulated article for pink bollworm, if the inspector determines that 
it presents a risk of spreading pink bollworm, and after the inspector 
provides actual notification to the person in possession of the 
product, article, or means of conveyance that it is subject to the 
restrictions of this subpart.

0
27. Section 301.52-1 is amended by revising the definitions of 
``Regulated area'', ``Regulated articles'', and ``Suppressive area'' to 
read as follows:


Sec.  301.52-1  Definitions.

* * * * *
    Regulated area. Any quarantined State, territory, or district, or 
any portion thereof, listed in accordance with Sec.  301.52-2.
    Regulated articles. Any article identified as a regulated article 
under Sec.  301.52 as follows: listed as of January 30, 2023, added in 
accordance with Sec.  301.52(c), or otherwise designated in accordance 
with Sec.  301.52(d).
* * * * *
    Suppressive area. That part of a regulated area where eradication 
of infestation is undertaken as an objective, as designated by the 
Deputy Administrator in accordance with Sec.  301.52-2.

0
28. Section 301.52-2 is revised to read as follows:


Sec.  301.52-2  Authorization for the Deputy Administrator to list 
regulated areas and suppressive or generally infested areas.

    (a) The Deputy Administrator will list as a regulated area each 
State or portion of a State in which evidence of a reproducing 
population of pink bollworm is present, 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 may divide any regulated area into 
a suppressive area and a generally infested area in accordance with the 
definitions of these terms in Sec.  301.52-1. The Deputy Administrator 
will publish a list of all regulated areas, including the suppressive 
and generally infested areas therein, at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests. The list will include the date that 
the list was last updated. Lists of all regulated areas, including the 
suppressive and generally infested areas therein, may also be obtained 
by request from any local office of PPQ; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made 
to the list of regulated areas, APHIS will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the regulated areas. Less than an entire State 
will be designated as a regulated area only if the Deputy 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 regulated 
area will be adequate to prevent the artificial interstate spread of 
pink bollworm.
    (b) [Reserved]


Sec.  301.52-2a  [Removed and Reserved]

0
29. Section 301.52-2a is removed and reserved.
    30. Section 301.52-3 is amended as follows:
0
a. In the section heading by removing footnote 2; and
0
b. By revising the introductory text.
    The revision reads as follows:


Sec.  301.52-3  Conditions governing the interstate movement of 
regulated articles from quarantined States.

    Any regulated articles may be moved interstate from any quarantined 
State under the following conditions: \1\
* * * * *
\1\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.

0
31. Section 301.55-1 is amended as follows:
0
a. In the definition for ``Quarantined area'' by removing the text 
``listed in Sec.  301.55-3(c)'' and adding the text ``listed in 
accordance with Sec.  301.55-3(a)'' in its place; and
0
b. By revising the definition for ``Regulated article''.
    The revision reads as follows:


Sec.  301.55-1  Definitions.

* * * * *
    Regulated article. Any article identified as a regulated article 
under Sec.  301.55-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.55-2(b), or otherwise designated in 
accordance with Sec.  301.55-2(c).
* * * * *

0
32. Sections 301.55-2 and 301.55-3 are revised to read as follows:


Sec.  301.55-2  Regulated articles.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spreading the South American 
cactus moth. A list of all such regulated articles is found on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. Lists of all regulated articles may also be obtained by 
request from any local office of PPQ; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth presents a risk of spreading South American cactus moth, APHIS 
will publish a notice in the Federal Register proposing to designate 
the article as a regulated article for South American cactus moth. The 
notice will provide the basis for this determination, and will request 
public comment.

[[Page 80008]]

    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for South American cactus moth and listing it.
    (c) Immediate designation of regulated articles. An inspector may 
designate any other product, article, or means of conveyance not listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth as a regulated article if the inspector determines it 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 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. The Administrator will 
publish a list of all quarantined areas (the quarantine list) on the 
Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. The list will include 
the date that the list was last updated. Lists of all quarantined areas 
may also be obtained by request from any local PPQ office; local 
offices are listed in telephone directories and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS 
will publish a notice in the Federal Register informing the public that 
the change has occurred and describing the change to the quarantined 
areas. 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 subpart 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 quarantine list 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.


Sec.  301.55-4  [Amended]

0
33. Section 301.55-4 is amended in the introductory text by 
redesignating footnote 3 as footnote 1.


Sec.  301.55-5  [Amended]

0
34. Section 301.55-5 is amended in paragraph (a) introductory text by 
redesignating footnote 4 as footnote 1.


Sec.  301.55-6  [Amended]

0
35. Section 301.55-6 is amended in paragraph (a) by redesignating 
footnote 5 as footnote 1.


0
36. Section 301.55-7 is amended as follows:
0
a. In paragraph (a) by redesignating footnote 6 as footnote 1; and
0
b. By revising newly designated footnote 1.
    The revision reads as follows:


Sec.  301.55-7  Assembly and inspection of regulated articles.

* * * * *
\1\ See footnote 1 in Sec.  301.55-5.


0
37. Section 301.74-1 is amended as follows:
0
a. In the definition for ``Departmental permit'' by removing the words 
``of this subpart'': and
0
b. By revising the definitions for ``Quarantined area'' and ``Regulated 
article''.
    The revisions read as follows:


Sec.  301.74-1  Definitions.

* * * * *
    Quarantined area. Any State, or any portion of a State, listed in 
accordance with Sec.  301.74-3(a) or otherwise designated as a 
quarantined area in accordance with Sec.  301.74-3(b).
    Regulated article. Any article identified as a regulated article 
under Sec.  301.74-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.74-2(a)(1) and (2), or otherwise 
designated 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.
* * * * *

0
38. Sections 301.74-2 and 301.74-3 are revised to read as follows:


Sec.  301.74-2  Regulated articles.

    (a) The Administrator has determined that certain articles present 
a risk of spreading plum pox. A list of all such articles is found on 
the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. Lists of 
all regulated articles may also be obtained by request from any local 
Plant Protection and Quarantine (PPQ) office; local offices are listed 
in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (1) If the Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox presents a risk of 
spreading plum pox, APHIS will publish a notice in the Federal Register 
proposing to designate the article as a regulated article for plum pox. 
The notice will provide the basis for this determination, and will 
request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for plum pox and listing it.
    (b) An inspector may designate any other product or article as a 
regulated article, if the inspector determines it to present a risk of 
spreading plum pox, and after the inspector notifies the person in 
possession of the product or article that it is subject to the 
restrictions in this subpart.

[[Page 80009]]

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 each State, or each 
portion of a State, in which plum pox has been detected through 
inspection and laboratory testing, or in which the Administrator has 
reason to believe that plum pox is present, or that the Administrator 
considers necessary to quarantine because of its inseparability for 
quarantine enforcement purposes from localities in which plum pox has 
been detected. The Administrator will publish a list of all quarantined 
areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. The list will include the date that the list 
was last updated. Lists of all quarantined areas may also be obtained 
by request from any local PPQ office; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made 
to the list of quarantined areas, APHIS will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the quarantined areas. 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 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 subpart 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 
quarantine list 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.


Sec.  301.74-4  [Amended]

0
39. Section 301.74-4 is amended in the introductory text by 
redesignating footnote 2 as footnote 1.

0
40. Section 301.75-1 is amended as follows:
0
a. In the definitions for ``Commercial citrus-producing area'' and 
``Quarantined area'' by removing the words ``of this subpart''; and
0
b. By revising the definition for ``Regulated article''.
    The revision reads as follows:


Sec.  301.75-1  Definitions.

* * * * *
    Regulated article. Any article identified as a regulated article 
under Sec.  301.75-3 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.75-3(b), or otherwise designated in 
accordance with Sec.  301.75-3(c).
* * * * *

0
41. Sections 301.75-3 and 301.75-4 are revised to read as follows:


Sec.  301.75-3  Regulated articles.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spread of citrus canker. A list 
of all such regulated articles is found on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. Lists of all 
regulated articles may also be obtained by request from any local Plant 
Protection and Quarantine (PPQ) office; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker presents a 
risk of spread of citrus canker, APHIS will publish a notice in the 
Federal Register proposing to designate the article as a regulated 
article for citrus canker. The notice will provide the basis for this 
determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for citrus canker and listing it.
    (c) Immediate designation of regulated articles. An inspector may 
designate any other product, article, or means of conveyance as a 
regulated article, if the inspector determines 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.


Sec.  301.75-4  Quarantined areas.

    (a) Quarantined areas. The Administrator will list as a quarantined 
area each State or portion of a State in which an infestation of citrus 
canker is found. The Administrator will publish a list of all 
quarantined areas (the quarantine list) on the PPQ website at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. The list will include 
the date that the list was last updated. Lists of all quarantined areas 
may also be obtained by request from any local PPQ office; local 
offices are listed in telephone directories and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS 
will publish a notice in the Federal Register informing the public that 
the change has occurred and describing the change to the quarantined 
areas. Less than an entire State will be designated as a quarantined 
area only if the Administrator determines that:
    (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

[[Page 80010]]

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;
    (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.
    (b) Designation change. The Administrator may designate any non-
quarantined area as a quarantined area in accordance with paragraph (a) 
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 quarantine list, 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) Removal of areas from quarantine. An area on the quarantine 
list will be removed from quarantine if the area has been without 
infestation for 2 years. The list will be changed, and the public 
informed of this change, in accordance with the process specified in 
paragraph (a) of this section.


Sec.  301.75-8  [Amended]

0
42. Section 301.75-8 is amended in paragraph (c) by removing the words 
``of this subpart''.


Sec.  301.75-10  [Amended]

0
43. Section 301.75-10 is amended in paragraph (b) by removing the words 
``of this subpart''.

0
44. Section 301.76-1 is amended by revising the definition for 
``Regulated article'' to read as follows:


Sec.  301.76-1  Definitions.

* * * * *
    Regulated article. Any article identified as a regulated article 
under Sec.  301.76-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.76-2(b), or otherwise designated in 
accordance with Sec.  301.76-2(c).
* * * * *

0
45. Section 301.76-2 is revised to read as follows:


Sec.  301.76-2  Regulated articles for Asian citrus psyllid and citrus 
greening.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spreading Asian citrus psyllid 
and/or citrus greening. A list of all such regulated articles is 
located at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acp and 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greening, respectively. The 
list indicates whether the article is a regulated article for both 
citrus greening and Asian citrus psyllid, or just one of these two 
pests. Lists of all regulated

[[Page 80011]]

articles may also be obtained by request from any local Plant 
Protection and Quarantine office; local offices are listed in telephone 
directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acpand/ or 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greeningpresentsariskofspreadingAsiancitruspsyllidand/ or citrus 
greening, APHIS will publish a notice in the Federal Register proposing 
to designate the article as a regulated article for either or both of 
these pests. The notice will provide the basis for this determination, 
and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article and listing it.
    (c) Immediate designation of regulated articles. An inspector may 
designate any other product, article, or means of conveyance as a 
regulated article for Asian citrus psyllid and/or citrus greening, if 
the 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) Exemption after certain methods of processing. The 
Administrator may determine that certain methods of processing render 
regulated articles such that they no longer present a risk of spreading 
Asian citrus psyllid or citrus greening. Such methods are found at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus. Articles processed in such a manner 
are exempt from the regulations in this subpart.


Sec.  301.76-5  [Amended]

0
46. Section 301.76-5 is amended as follows:
0
a. In paragraph (a)(1) by redesignating footnote 2 as footnote 1; and
0
b. In paragraph (e) by removing the words ``of this subpart''.


Sec.  301.76-6  [Amended]

0
47. Section 301.76-6 is amended as follows:
0
a. In paragraph (a)(1) by redesignating footnote 3 as footnote 1 and 
removing ``7 CFR'';
0
b. In paragraph (b)(1) by redesignating footnote 4 as footnote 2;
0
c. In paragraph (c)(2)(i) by removing the citation ``paragraphs 
(c)(1)(i) through (c)(1)(iv)'' and adding the citation ``paragraphs 
(c)(1)(i) through (iv)'' in its place;
0
d. In paragraph (d) introductory text by redesignating footnote 5 as 
footnote 3; and
0
e. In paragraphs (d)(1) and (2) by removing ``7 CFR''.


Sec.  301.76-7  [Amended]

0
48. Section 301.76-7 is amended as follows:
0
a. In paragraph (a)(1) by redesignating footnote 6 as footnote 1; and
0
b. In paragraph (b)(1) by removing ``7 CFR''.


Sec.  301.76-8  [Amended]

0
49. Section 301.76-8 is amended in paragraph (a) by redesignating 
footnote 7 as footnote 1.


Sec.  301.76-9  [Amended]

0
50. Section 301.76-9 is amended by redesignating footnote 8 as footnote 
1.

0
51. Section 301.80 is revised to read as follows:


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 regulated 
articles, issues regulations in this subpart governing the movement of 
such articles, and gives notice of this quarantine action.
    (b) Quarantine restrictions on the interstate movement of regulated 
articles. No common carrier or other person shall move interstate from 
any quarantined State any regulated articles, except in accordance with 
the conditions prescribed in this subpart.
    (c) List of regulated articles. The Deputy Administrator has 
determined that certain articles present a hazard of spread of 
witchweed. A list of all such regulated articles is found on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program. Lists of all regulated articles may also be 
obtained by request from any local Plant Protection and Quarantine 
(PPQ) office; local offices are listed in telephone directories and on 
the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (d) Normal process for designating additional regulated articles. 
(1) If the Deputy Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program 
presents a hazard of spread of witchweed, APHIS will publish a notice 
in the Federal Register proposing to designate the article as a 
regulated article for witchweed. The notice will provide the basis for 
this determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Deputy Administrator's determination, APHIS will 
publish a second notice in the Federal Register designating the article 
as a regulated article for witchweed and listing it.
    (e) Immediate designation of regulated articles. An inspector may 
designate any other article, product, or means of conveyance as a 
regulated article, if the inspector determines that it presents a 
hazard of spread of witchweed, and after the person in possession of 
the article has been so notified.

0
52. Section 301.80-1 is amended by revising the definitions for 
``Regulated area'', ``Regulated articles'', and ``Suppressive area'' to 
read as follows:


Sec.  301.80-1  Definitions.

* * * * *
    Regulated area. Any quarantined State, or any portion thereof, 
designated as a regulated area in accordance with Sec.  301.80-2.
    Regulated articles. Any article identified as a regulated article 
under Sec.  301.80 as follows: listed as of January 30, 2023, added in 
accordance with Sec.  301.80(d), or otherwise designated in accordance 
with Sec.  301.80(e).
* * * * *

[[Page 80012]]

    Suppressive area. That portion of a regulated area where 
eradication of infestation is undertaken as an objective.
* * * * *


0
53. Section 301.80-2 is revised to read as follows:


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) List of regulated areas and suppressive or generally infested 
areas. The Deputy Administrator will list as a regulated area each 
quarantined State, or portion of a State, 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 may divide any 
regulated area into a suppressive area and generally infested area in 
accordance with definitions of these terms in Sec.  301.80-1. The 
Deputy Administrator will publish a list of all regulated areas (the 
regulated areas list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program. The list will include the 
date that the list was last updated. Lists of all regulated areas may 
also be obtained by request from any local PPQ office; local offices 
are listed in telephone directories and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of regulated areas, APHIS will 
publish a notice in the Federal Register informing the public that the 
change has occurred and describing the change to the regulated areas. 
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 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 regulated areas list.
    (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 within a regulated area, when the Deputy 
Administrator determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section. 
Notification of this change in the list of regulated areas, or 
suppressive or generally infested areas within a regulated area, will 
be made in accordance with the process set forth 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 the Deputy Administrator 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 determine that a regulated 
article has been produced, processed, cleaned, or otherwise handled in 
a manner that is sufficient to allow the article to move interstate 
without hazard of spread of witchweed, provided that the article is not 
exposed to infestation after production, processing, cleaning, or other 
handling. The Deputy Administrator may also determine that a regulated 
article's intended use is such that it may be moved interstate without 
hazard of spread of witchweed. Such articles are exempt from the 
restrictions of this subpart. The list of regulated articles at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program is 
annotated to indicate the exemptions under this subpart.


Sec.  301.80-2a  [Removed and Reserved]

0
54. Section 301.80-2a is removed and reserved.


Sec.  301.80-2b  [Removed and Reserved]

0
55. Section 301.80-2b is removed and reserved.

0
56. Section 301.80-3 is amended as follows:
0
a. In the section heading by removing footnote 3;
0
b. By revising paragraph (a) introductory text;
0
c. In paragraph (a)(2)(i) by removing the text ``Sec.  301.80-2b which 
exempts'' and adding the text ``Sec.  301.80-2 which exempt'' in its 
place;
0
d. In paragraph (a)(3)(ii)(A) by removing the citation ``Sec.  301.80-
2b'' and adding the citation ``Sec.  301.80-2'' in its place; and
0
e. In paragraph (b), in the first sentence:
0
i. By redesignating footnote 4 as footnote 2 and revising newly 
redesignated footnote 2;
0
ii. By removing the words ``and so listed by him in a supplemental 
regulation''; and
0
iii. By removing footnote 5.
    The revisions read as follows:


Sec.  301.80-3  Conditions governing the interstate movement of 
regulated articles from quarantined States.

    (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\
* * * * *
\1\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
\2\ Provisions for laboratory approval may be obtained from your 
State's State Plant Health Director. Contact information can be 
found at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD.

0
57. Sections 301.81-2 and 301.81-3 are revised to read as follows:


Sec.  301.81-2  Regulated articles.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spread of the imported fire 
ant. A list of all such articles is found on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants. 
Lists of all regulated articles may also be

[[Page 80013]]

obtained by request from any local Plant Protection and Quarantine 
(PPQ) office; local offices are listed in telephone directories and on 
the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants presents a risk of spread of the imported fire 
ant, APHIS will publish a notice in the Federal Register proposing to 
designate the article as a regulated article for imported fire ant. The 
notice will provide the basis for this determination, and will request 
public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for the imported fire ant and listing it.
    (c) Immediate designation of regulated articles. An inspector may 
designate any other article or means of conveyance as a regulated 
article if the 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 after the inspector provides notification to the 
person in possession of the article or means of conveyance that it is 
now regulated under this subpart.


Sec.  301.81-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area each State or portion 
of a State determined to be infested with the imported fire ant. The 
Administrator will also list as a quarantined area an area that is 
uninfested but determined to be in proximity to an infestation or that 
is determined to be inseparable from an infested locality for 
quarantine purposes; such a determination will be based on projections 
of spread of imported fire ant around the periphery of the infestation, 
as determined by previous years' surveys; availability of natural 
habitats and host materials, within the uninfested acreage, suitable 
for establishment and survival of imported fire ant populations; and 
the necessity of including uninfested acreage within the quarantined 
area in order to establish readily identifiable boundaries. The 
Administrator will publish a list of all quarantined areas (the 
quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants. The list will 
include the date that the list was last updated. Lists of all 
quarantined areas may also be obtained by request from any local PPQ 
office; local offices are listed in telephone directories and on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, 
APHIS will publish a notice in the Federal Register informing the 
public that the change has occurred and describing the change to the 
quarantined areas. 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 
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.
    (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 quarantine list, 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.


0
58. Section 301.81-4 is amended as follows:
0
a. In paragraph (a)(1) by removing the words ``of this subpart''; and
0
b. In paragraph (a)(3) by redesignating footnote 3 as footnote 1 and 
revising newly redesignated footnote 1.
    The revision reads as follows:


Sec.  301.81-4  Interstate movement of regulated articles from 
quarantined areas.

* * * * *
\1\ Provisions for laboratory approval may be obtained from your 
State's State Plant Health Director. Contact information can be 
found at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD.


Sec.  301.81-5  [Amended]

0
59. Section 301.81-5 is amended as follows:
0
a. In paragraph (a) introductory text by redesignating footnote 4 as 
footnote 1;
0
b. In paragraph (a)(2) by redesignating footnote 5 as footnote 2; and
0
c. In paragraph (c) by removing the words ``of this subpart'' in the 
first sentence.


Sec.  301.81-6  [Amended]

0
60. Section 301.81-6 is amended by redesignating footnote 6 as footnote 
1.

0
61. Section 301.81-8 is amended as follows:
0
a. In paragraph (a) by redesignating footnote 7 as footnote 1; and
0
b. By revising newly redesignated footnote 1.
    The revision reads as follows:


Sec.  301.81-8  Assembly and inspection of regulated articles.

* * * * *
\1\ See footnote 1 of Sec.  301.81-5(a).

0
62. Section 301.85 is revised to read as follows:


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 
regulated articles, issues regulations in this subpart governing the 
movement of such articles, and gives notice of this quarantine action.
    (b) Quarantine restrictions on the interstate movement of regulated 
articles. No common carrier or other person shall move interstate from 
any quarantined State any regulated articles, except in accordance with 
the conditions prescribed in this subpart.
    (c) List of regulated articles. The Deputy Administrator has 
determined that certain articles present a hazard of spread of golden 
nematodes. A list of all such regulated articles is found on the

[[Page 80014]]

internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes. 
Lists of all regulated articles may also be obtained by request from 
any local PPQ office; local offices are listed in telephone directories 
and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (d) Normal process for designating additional regulated articles. 
(1) If the Deputy Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes presents 
a hazard of spread of golden nematodes, APHIS will publish a notice in 
the Federal Register proposing to designate the article as a regulated 
article for golden nematode. The notice will provide the basis for this 
determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Deputy Administrator's determination, APHIS will 
publish a second notice in the Federal Register designating the article 
as a regulated article for golden nematode and listing it.
    (e) Immediate designation of regulated articles. An inspector may 
designate any other article, product, or means of conveyance as a 
regulated article, if the inspector determines that it presents a 
hazard of spread of golden nematodes, and after the person in 
possession of the article has been so notified.

0
63. Section 301.85-1 is amended by revising the definitions for 
``Generally infested area'', ``Regulated area'', ``Regulated article'', 
and ``Suppressive area'' as follows:


Sec.  301.85-1  Definitions.

* * * * *
    Generally infested area. Any part of a regulated area not 
designated as a suppressive area.
* * * * *
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in accordance with Sec.  301.85-2.
    Regulated article. Any article identified as a regulated article 
under Sec.  301.85 as follows: listed as of January 30, 2023, added in 
accordance with Sec.  301.85(d), or otherwise designated in accordance 
with Sec.  301.85(e).
* * * * *
    Suppressive area. That portion of a regulated area where 
eradication of infestation is undertaken as an objective.

0
64. Section 301.85-2 is revised to read as follows:


Sec.  301.85-2  Authorization for the Deputy Administrator to list 
regulated areas and suppressive or generally infested areas.

    (a) Criteria for designation and process for listing. The Deputy 
Administrator will list as a regulated area each State or portion of a 
State in which golden nematode has been determined to be 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 may divide any 
regulated area into a suppressive area and a generally infested area in 
accordance with the definitions of these terms in Sec.  301.85-1. The 
Deputy Administrator will publish a list of all regulated areas, 
including the suppressive and generally infested areas therein, at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes. The list will 
include the date that the list was last updated. Lists of all regulated 
areas, including the suppressive and generally infested areas therein, 
may also be obtained by request from any local Plant Protection and 
Quarantine office; local offices are listed in telephone directories 
and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of 
regulated areas, APHIS will publish a notice in the Federal Register 
informing the public that the change has occurred and describing the 
change to the regulated areas. Less than an entire State will be 
designated as a regulated area only if the Deputy 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 regulated 
area will be adequate to prevent the interstate spread of golden 
nematodes.
    (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 of regulated areas 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 or she 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 determine that a regulated 
article has been produced, processed, cleaned, or otherwise handled in 
a manner that is sufficient to allow the article to move interstate 
without hazard of spread of golden nematodes, provided that the article 
is not exposed to infestation after production, processing, cleaning, 
or other handling. The Deputy Administrator may also determine that a 
regulated article's intended use is such that it may be moved 
interstate without hazard of spread of golden nematodes. Such articles 
are exempt from the restrictions of this subpart. The list of regulated 
articles at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes is 
annotated to indicate the exemptions under this subpart.


Sec.  301.85-2a  [Removed and Reserved]

0
65. Section 301.85-2a is removed and reserved.


Sec.  301.85-2b  [Removed and Reserved]

0
66. Section 301.85-2b is removed and reserved.

0
67. Section 301.85-3 is amended as follows:
0
a. In the section heading by removing footnote 2;

[[Page 80015]]

0
b. By revising the introductory text;
0
c. In paragraph (a)(2)(i) by removing the citation ``Sec.  301.85-2b'' 
and adding the citation ``Sec.  301.85-2(d)'' in its place;
0
d. By revising paragraph (a)(3)(ii); and
0
e. In paragraph (b), in the first sentence:
0
i. By redesignating footnote 3 as footnote 2 and revising newly 
redesignated footnote 2;
0
ii. By removing the words ``and so listed by him in a supplemental 
regulation''; and
0
iii. By removing footnote 4.
    The revisions read as follows:


Sec.  301.85-3  Conditions governing the interstate movement of 
regulated articles from quarantined States.

    (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\
    (3) * * *
    (ii) Without a certificate or permit, if:
    (A) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec.  301.85-2(d); 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.
* * * * *
\1\Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
\2\ Provisions for laboratory approval may be obtained from your 
State's State Plant Health Director. Contact information can be 
found at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD.


Sec.  301.86-2  [Amended]

0
68. Section 301.86-2 is amended in paragraph (a) by redesignating 
footnote 2 as footnote 1.

0
69. Section 301.86-5 is amended as follows:
0
a. In paragraph (a) introductory text by redesignating footnote 3 as 
footnote 1;
0
b. In paragraph (a)(1) by redesignating footnote 4 as footnote 2; and
0
c. In paragraph (b)(1) introductory text by redesignating footnote 5 as 
footnote 3 and revising newly redesignated footnote 3.
    The revision reads as follows:


Sec.  301.86-5  Issuance and cancellation of certificates and limited 
permits.

* * * * *
\3\ See footnote 1 of this section.


Sec.  301.86-6  [Amended]

0
70. Section 301.86-6 is amended in paragraph (a) by redesignating 
footnote 6 as footnote 1.

0
71. Section 301.86-7 is amended as follows:
0
a.In paragraph (a) by redesignating footnote 7 as footnote 1; and
0
b. Revising newly redesignated footnote 1.
    The revision reads as follows:


Sec.  301.86-7  Assembly and inspection of regulated articles.

* * * * *
\1\ See footnote 1 in Sec.  301.86-5.

0
72. Section 301.87 is amended as follows:
0
a. In the section heading by removing footnotes 1 and 2; and
0
b. By revising paragraph (a).
    The revision reads as follows:


Sec.  301.87  Quarantine; restrictions on interstate movement of 
specified 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),1 2 the Secretary of Agriculture establishes 
quarantines within the United States to prevent the artificial spread 
of leaf scald disease and gummosis disease. The regulations in this 
subpart govern the interstate movement from regulated areas of 
regulated articles.
* * * * *
\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 commerce are contained in part 330 of this 
chapter.

0
73. Section 301.87-1 is amended as follows:
0
a. In the definitions for ``Certificate'' and ``Limited permit'' by 
removing the words ``of this subpart''; and
0
b. By revising the definitions for ``Regulated area'' and ``Regulated 
article''.
    The revisions read as follows:


Sec.  301.87-1  Definitions.

* * * * *
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in accordance with Sec.  301.87-3, or 
otherwise designated as a regulated area in accordance with Sec.  
301.87-3(b).
    Regulated article. Any article identified as a regulated article 
under Sec.  301.87-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.87-2(b), or otherwise designated in 
accordance with Sec.  301.87-2(c).
* * * * *

0
74. Sections 301.87-2 and 301.87-3 are revised to read as follows:


Sec.  301.87-2  Regulated articles.

    (a) List of regulated articles. The Deputy Administrator has 
determined that certain articles present a risk of spread of sugarcane 
diseases. A list of all such articles is found on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane. Lists of all 
regulated articles may also be obtained by request from any local Plant 
Protection and Quarantine (PPQ) office; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Deputy Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane presents a 
risk of spread of sugarcane diseases, APHIS will publish a notice in 
the Federal Register proposing to designate the article as a regulated 
article for sugarcane diseases. The notice will provide the basis for 
this determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Deputy Administrator's determination, APHIS will 
publish a second notice in the Federal Register designating the article 
as a regulated article for sugarcane diseases and listing it.
    (c) Immediate designation of regulated articles. Any other article, 
product, or means of conveyance not already listed in accordance with 
paragraph (a) of this section may be designated a regulated article on 
an immediate basis if an inspector determines that it presents a risk 
of spread of sugarcane diseases and provides actual notification to the 
person in possession of the article, product, or means of conveyance 
that it is now subject to the restrictions of this subpart.


Sec.  301.87-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator will list as a regulated area each State or 
portion of a State in which a sugarcane disease has been

[[Page 80016]]

found by an inspector, or in which the Deputy Administrator has reason 
to believe a sugarcane disease is present, or that the Deputy 
Administrator deems necessary to regulate based on its proximity to a 
sugarcane disease or its inseparability for enforcement purposes from 
localities where a sugarcane disease occurs. The Deputy Administrator 
will publish a list of all regulated areas (the regulated areas list) 
on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane. The list will include the date that the list was last 
updated. Lists of all quarantined areas may also be obtained by request 
from any local PPQ office; local offices are listed in telephone 
directors and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the 
list of regulated areas, APHIS will publish a notice in the Federal 
Register informing the public that the change has occurred and 
describing the change to regulated areas. Less than an entire State 
will be designated as a regulated 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 substantially the 
same as those that are imposed by this subpart on the interstate 
movement of regulated articles; and
    (2) The designation of less than the entire State as a regulated 
area will 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 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 will be given to the 
owner or person in possession of the nonregulated area. Thereafter, the 
interstate movement of any regulated article from the area will be 
subject to this subpart. As soon as practicable, the area will either 
be added to the regulated areas list, or the Deputy Administrator or an 
inspector will terminate the designation. Notice thereof will be given 
the owner or person in possession of the area.

0
75. Section 301.87-4 is amended as follows:
0
a. In the section heading by removing footnote 3;
0
b. By revising the introductory text; and
0
c. In paragraph (a) by removing the words ``of this subpart, or'' and 
adding ``; or'' in their place.
    The revision reads as follows:


Sec.  301.87-4  Conditions governing the interstate movement of 
regulated articles from regulated areas in quarantined States.

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State if moved under the following conditions: 
\1\
* * * * *
\1\Requirements under all other applicable Federal domestic plant 
quarantines must also be met.

0
76. Section 301.87-5 is amended as follows:
0
a. In paragraph (a)(1)(i):
0
i. By redesignating footnote 4 as footnote 1; and
0
ii. By removing ``, or'' and adding ``; or'' in its place;
0
b. By revising paragraph (a)(1)(ii);
0
c. In paragraphs (a)(2) and (b)(2) by redesignating footnote 6 as 
footnote 2; and
0
d. In paragraph (c) by removing the words ``of this subpart'' in the 
second sentence.


Sec.  301.87-5  Issuance and cancellation of certificates and limited 
permits.

    (a) * * *
    (1) * * *
    (ii) Determines based on inspection of the article and the premises 
of origin that it is free from sugarcane diseases. 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;
* * * * *


Sec.  301.87-6  [Amended]

0
77. Section 301.87-6 is amended in paragraph (a) by redesignating 
footnote 7 as footnote 1.


Sec.  301.87-7  [Amended]

0
78. Section 301.87-7 is amended in paragraph (a) by removing the words 
``of this subpart'' and redesignating footnote 8 as footnote 1.

0
79. Sections 301.89-2 and 301.89-3 are revised to read as follows:


Sec.  301.89-2  Regulated articles.

    (a) List of regulated articles. The Administrator has determined 
that certain articles present a risk of spreading Karnal bunt. A list 
of all such articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt. Lists of all regulated articles 
may also be obtained by request from any local Plant Protection and 
Quarantine (PPQ) office; local offices are listed in telephone 
directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Administrator determines that an article not already listed 
presents a risk of spreading Karnal bunt, APHIS will publish a notice 
in the Federal Register proposing to designate the article as a 
regulated article for Karnal bunt. The notice will provide the basis 
for this determination, and will request public comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Administrator's determination, APHIS will publish a 
second notice in the Federal Register designating the article as a 
regulated article for Karnal bunt and listing it.
    (c) Immediate designation of regulated articles. Any other article, 
product, or means of conveyance not already listed in accordance with 
paragraph (a) of this section may be designated a regulated article on 
an immediate basis if an inspector determines that it presents a risk 
of spreading Karnal bunt, and notifies the person in possession of the 
article, product, or means of conveyance that it is now subject to the 
restrictions of this subpart.


Sec.  301.89-3  Regulated areas.

    (a) Designation. Except as otherwise provided in paragraph (b) of 
this section, the Administrator will list as a regulated area each 
State or portion of a State if it is determined to be infected with 
Karnal bunt or if it is in proximity to an infestation or inseparable 
from the infected locality for regulatory purposes based on the 
following: Projections of the spread of Karnal bunt along the periphery 
of the infestation, the availability of natural habitats and host 
materials within the noninfected acreage that are suitable for 
establishment and survival of Karnal bunt, and the necessity of 
including uninfected acreage within the regulated area in order to 
establish readily identifiable boundaries. The Administrator will 
publish a list of all regulated areas (the regulated areas list) on the 
PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt. The list will include the date that the list was last 
updated. Lists of all regulated areas may

[[Page 80017]]

also be obtained by request from any local PPQ office; local offices 
are listed in telephone directors and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of regulated areas, APHIS will 
publish a notice in the Federal Register informing the public that the 
change has occurred and describing the change to regulated areas.
    (b) Designation of less than an entire State as a regulated area. 
Less than an entire State will be designated 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 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. 7715.
    (c) Temporary designation of regulated areas. The Administrator or 
an inspector may temporarily designate any nonregulated area as a 
regulated area in accordance with the criteria specified in paragraph 
(a) or (b) 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 regulated 
areas list, 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.
    (d) Regulated fields. 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).
    (e) Release from regulation. A field known to have been infected 
with Karnal bunt, as well as any non-infected acreage surrounding the 
field, will be released from regulation if:
    (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.


Sec.  301.89-7  [Amended]

0
80. Section 301.89-7 is amended by redesignating footnote 3 as footnote 
1.

0
81. Section 301.89-9 is amended in paragraph (a) as follows:
0
a. By redesignating footnote 4 as footnote 1; and
0
b. By revising newly redesignated footnote 1.
    The revision reads as follows:


Sec.  301.89-9  Assembly and inspection of regulated articles.

* * * * *
\1\ See footnote 1 in Sec.  301.89-6.

0
82. Section 301.91 is amended as follows:
0
a. In the section heading by removing footnote 1; and
0
b. By revising paragraph (a).
    The revision reads as follows:


Sec.  301.91  Quarantine and regulations; restrictions on interstate 
movement of 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),\1\ the Secretary of Agriculture establishes a quarantine 
within the United States to prevent the artificial spread of European 
larch canker (Lachnellula willkommi (Dasycypha)). The regulations in 
this subpart govern the interstate movement from regulated areas of 
regulated articles.
* * * * *
    \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).

0
83. Section 301.91-1 is amended by revising the definitions for 
``Regulated area'' and ``Regulated article'' to read as follows:


Sec.  301.91-1  Definitions.

* * * * *
    Regulated area. Any State, or any portion thereof, listed in 
accordance with Sec.  301.91-3.
    Regulated article. Any article identified as a regulated article 
under Sec.  301.91-2 as follows: listed as of January 30, 2023, added 
in accordance with Sec.  301.91-2(b), or otherwise designated in 
accordance with Sec.  301.91-2(c).
* * * * *

0
84. Sections 301.91-2 and 301.91-3 are revised to read as follows:


Sec.  301.91-2  Regulated articles.

    (a) List of regulated articles. The Deputy Administrator has 
determined that certain articles present a risk of spreading European 
larch canker. A list of all such regulated articles is found on the 
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker. Lists of all regulated articles may also be obtained by 
request from any local Plant Protection and Quarantine (PPQ) office; 
local offices are listed in telephone directories and on the internet 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd.
    (b) Normal process for designating additional regulated articles. 
(1) If the Deputy Administrator determines that an article not already 
listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker presents a risk of spreading European larch canker, APHIS will 
publish a notice in the Federal Register proposing to designate the 
article as a regulated article for European larch canker. The notice 
will provide the basis for this determination, and will request public 
comment.
    (2) If no comments are received on the notice, or if the comments 
do not change the Deputy Administrator's determination, APHIS will 
publish a second notice in the Federal Register designating the article 
as a regulated article for European larch canker and listing it.

[[Page 80018]]

    (c) Immediate designation of regulated articles. An inspector may 
designate any other product, article, or means of conveyance as a 
regulated article for European larch canker, if the inspector 
determines that it presents a risk of spreading European larch canker, 
and after the inspector provides actual 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.  301.91-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator will list as a regulated area each State, or 
each portion of a State, 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. The Deputy 
Administrator will publish a list of all regulated areas (the regulated 
areas list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker. The list will include the date that 
the list was last updated. Lists of all regulated areas may also be 
obtained by request from any local PPQ office; local offices are listed 
in telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is 
made to the list of regulated areas, APHIS will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the regulated areas. 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 artificial 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. The Deputy Administrator will give a copy of this subpart 
along with written notice of the temporary 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 interstate movement of any 
regulated article from an area temporarily designated as a regulated 
area will be subject to this subpart. As soon as practicable, the area 
will be added to the regulated areas list or the designation will be 
terminated by the Deputy 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.

0
85. Section 301.91-4 is amended as follows:
0
a. In the section heading by removing footnote 2;
0
b. By revising the introductory text; and
0
c. In paragraph (a) by removing the words ``of this subpart''.
    The revision reads as follows:


Sec.  301.91-4  Conditions governing the interstate movement of 
regulated articles from regulated areas in quarantined States.

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State only if moved under the following 
conditions: \1\
* * * * *
\1\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.


Sec.  301.91-5  [Amended]

0
86. Section 301.91-5 is amended in paragraphs (a)(2) and (b)(2) by 
redesignating footnote 3 as footnote 1.


Sec.  301.91-6  [Amended]

0
87. Section 301.91-6 is amended in paragraph (a) by redesignating 
footnote 4 as footnote 1.


Sec.  301.91-7  [Amended]

0
88. Section 301.91-7 is amended in paragraph (a) by redesignating 
footnote 5 as footnote 1.

0
89. Section 301.92-1 is amended as follows:
0
a. In the definition for ``Non-host nursery stock'' by adding the words 
``accordance with'' after the word ``in'';
0
b. In the definition of ``Nursery stock'' by redesignating footnote 2 
as footnote 1 and revising newly redesignated footnote 1;
0
c. By revising the definition for ``Quarantined area''; and
0
d. In the definitions for ``Regulated article'' and ``Restricted 
article'' by removing the words ``of this subpart''.
    The revisions read as follows:


Sec.  301.92-1  Definitions.

* * * * *
    Quarantined area. Any State, or any portion of a State, designated 
as a quarantined area in accordance with Sec.  301.92-3.
* * * * *
\1\ Bulbs, tubers, corms, or rhizomes are only considered nursery 
stock (and therefore, regulated under this subpart) if they are of 
plant taxa listed in accordance with Sec.  301.92-2 as regulated 
articles or associated articles.

0
90. Section 301.92-2 is amended as follows:
0
a. In paragraph (a)(1) by removing footnote 3 and adding the words 
``accordance with'' after the words ``listed in'';
0
b. In paragraph (a)(2) by adding the words ``accordance with'' after 
the words ``listed in'';
0
c. In paragraph (b)(1) by removing footnote 4 and adding the words 
``accordance with'' after the words ``listed in'';
0
d. In paragraph (c) by adding the words ``accordance with'' after the 
words ``listed in''; and
0
e. By revising paragraphs (d) and (e).
    The revisions read as follows:


Sec.  301.92-2  Restricted, regulated, and associated articles; lists 
of proven hosts and associated plant taxa.

* * * * *
    (d) Proven host plant taxa. The Administrator has determined that 
certain taxa of plants are proven hosts of Phytophthora ramorum. A list 
of all such proven host taxa is located on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod. Lists of all 
proven host taxa may also be obtained by request from any local Plant 
Protection and Quarantine (PPQ) office; local offices are listed in 
telephone directories and on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. If the Administrator 
determines that a taxon not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod is a proven

[[Page 80019]]

host of Phytophthora ramorum, APHIS will publish a notice in the 
Federal Register proposing to designate the taxon as a proven host of 
Phytophthora ramorum. The notice will provide the basis for this 
determination, and will request public comment. If no comments are 
received on the notice, or if the comments do not change the 
Administrator's determination, APHIS will publish a second notice in 
the Federal Register designating the taxon as a proven host of 
Phytophthora ramorum and listing it.
    (e) Associated plant taxa. The Administrator has determined that 
certain plant taxa are associated with Phytophthora ramorum. A list of 
all such taxa is located on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod. Lists of all associated taxa may 
also be obtained by request from any local PPQ office; local offices 
are listed in telephone directories and on the internet at 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. If the Administrator determines that a taxon not already listed 
at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod is 
associated with Phytophthora ramorum, APHIS will publish a notice in 
the Federal Register proposing to designate the taxon as associated 
with Phytophthora ramorum. The notice will provide the basis for this 
determination, and will request public comment. If no comments are 
received on the notice, or if the comments do not change the 
Administrator's determination, APHIS will publish a second notice in 
the Federal Register designating the taxon as associated with 
Phytophthora ramorum and listing it.

0
91. Section 301.92-3 is amended by revising paragraph (a) to read as 
follows:


Sec.  301.92-3  Quarantined areas and regulated establishments.

    (a) Quarantined areas. (1) Except as otherwise provided in 
paragraph (a)(2) of this section, the Administrator will designate as a 
quarantined area each State or portion of a State in which Phytophthora 
ramorum has been confirmed by an inspector to be established in the 
natural environment, in which the Administrator has reason to believe 
that Phytophthora ramorum is present in the natural environment, or 
that the Administrator considers it necessary to quarantine because of 
its inseparability for quarantine enforcement purposes from localities 
in which Phytophthora ramorum has been found in the natural 
environment. The Administrator will publish a list of all quarantined 
areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod. The list will include the date that 
the list was last updated. 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 
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. After a change is made to the list of quarantined areas, APHIS 
will publish a notice in the Federal Register informing the public that 
the change has occurred and describing the change to the quarantined 
areas. Less than an entire State will be designated as a quarantined 
area only if the Administrator determines that:
    (i) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated, restricted, and associated articles 
that are substantially the same as those imposed by this subpart on the 
interstate movement of regulated, restricted, and associated articles; 
and
    (ii) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of Phytophthora ramorum.
    (2) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria in paragraph (a)(1) of this section. The Administrator or the 
inspector will give a copy of this subpart 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, restricted, or associated article from the area temporarily 
designated as a quarantined area will be subject to this subpart. As 
soon as practicable, this area will be added to the quarantine list 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.
* * * * *

0
92. Section 301.92-4 is amended as follows:
0
a. In paragraph (a) introductory text by redesignating footnote 5 as 
footnote 1;
0
b. In paragraph (b) introductory text by removing footnote 6;
0
c. In paragraph (c)(2) introductory text by adding the words 
``accordance with'' after the words ``listed in''; and
0
d. By revising paragraph (c)(2)(ii)(B).
    The revision reads as follows:


Sec.  301.92-4  Conditions governing the interstate movement of 
regulated, restricted, and associated articles, and non-host nursery 
stock from quarantined and regulated establishments.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (B) The nursery stock is not rooted in soil or growing media. To be 
eligible for interstate movement, non-host nursery stock that is rooted 
in soil or growing media requires certification that the soil or 
growing media meets the requirements of Sec.  301.92-5(a)(1)(iii).
* * * * *


Sec.  301.92-5  [Amended]

0
93. Section 301.92-5 is amended as follows:
0
a. In paragraph (a)(1) introductory text by redesignating footnotes 8 
and 9 as footnotes 1 and 2, respectively;
0
b. In paragraph (a)(1)(ii) by redesignating footnote 10 as footnote 3 
and revising newly redesignated footnote 3; and
0
c. In paragraph (a)(1)(v) by redesignating footnote 11 as footnote 4.
    The revision reads as follows:


Sec.  301.92-5  Issuance and cancellation of certificates.

* * * * *
\3\ Firewood, logs, lumber of species listed in accordance with 
Sec.  301.92-2(d) and marked with an asterisk are not regulated 
articles, as noted in Sec.  301.92-2(b)(1).
* * * * *


Sec.  301.92-6  [Amended]

0
94. Section 301.92-6 is amended in paragraph (a) by redesignating 
footnote 12 as footnote 1.

0
95. Section 301.92-7 is amended in paragraph (a) as follows:
0
a. By redesignating footnote 13 as footnote 1; and
0
b. By revising newly redesignated footnote 1.
    The revision reads as follows: f


Sec.  301.92-7  Availability of inspectors; assembly for inspection.

* * * * *
\1\ See footnote 2 in Sec.  301.92-4.

    Done in Washington, DC, this 12th day of December 2022.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2022-27280 Filed 12-28-22; 8:45 am]
BILLING CODE 3410-34-P