Domestic Quarantine Notices (7 CFR 301.1-301.92-12)

8 7 CFR Ch. III (1–1–17 Edition) § 300.5 Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737–1236; or (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/ pim/accreditation. § 300.5 International Standards for Phytosanitary Measures. (a) The International Standards for Phytosanitary Measures Publication No. 4, ‘‘Requirements for the Establish ment of Pest Free Areas,’’ which was published February 1996 by the Inter national Plant Protection Convention of the United Nations’ Food and Agri culture Organization has been approved for incorporation by reference in 7 CFR chapter III by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) Availability. Copies of Inter national Standards for Phytosanitary Measures Publication No. 4: (1) Are available for inspection at the National Archives and Records Admin istration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html; or (2) May be obtained by writing to Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737–1236; or (3) May be viewed on the APHIS Web site at http://www.aphis.usda.gov/ppq/ pim/standards/. [68 FR 37915, June 25, 2003] PART 301—DOMESTIC QUARANTINE NOTICES Subpart—Preemption and Special Need Requests Sec. 301.1 Purpose and scope. 301.1–1 Definitions. 301.1–2 Criteria for special need requests. 301.1–3 Action on special need requests. Subpart—Imported Plants and Plant Parts 301.10 Definitions. 301.11 Notice of quarantine; prohibition on the interstate movement of certain im ported plants and plant parts. Subpart—Fruit Flies 301.32 Restrictions on interstate movement of regulated articles. 301.32–1 Definitions. 301.32–2 Regulated articles. 301.32–3 Quarantined areas. 301.32–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.32–5 Issuance and cancellation of certifi cates and limited permits. 301.32–6 Compliance agreements and can cellation. 301.32–7 Assembly and inspection of regu lated articles. 301.32–8 Attachment and disposition of cer tificates and limited permits. 301.32–9 Costs and charges. 301.32–10 Treatments. Subpart—Black Stem Rust 301.38 Notice of quarantine; restrictions on interstate movement of regulated arti cles. 301.38–1 Definitions. 301.38–2 Regulated articles. 301.38–3 Protected areas. 301.38–4 Interstate movement of regulated articles. 301.38–5 Assembly and inspection of regu lated articles; issuance and cancellation of certificates. 301.38–6 Compliance agreements and can cellation. 301.38–7 Attachment and disposition of cer tificates. 301.38–8 Costs and charges. Subpart—Gypsy Moth 301.45 Notice of quarantine; restriction on interstate movement of specified regu lated articles. 301.45–1 Definitions. 301.45–2 Authorization to designate and ter minate designation of generally infested areas. 301.45–3 Generally infested areas. 301.45–4 Conditions governing the interstate movement of regulated articles and out door household articles from generally infested areas. 301.45–5 Issuance and cancellation of certifi cates, limited permits, and outdoor household article documents. 301.45–6 Compliance agreement and can cellation thereof. 301.45–7 Assembly and inspection of regu lated articles and outdoor household ar ticles. 301.45–8 Attachment and disposition of cer tificates, limited permits, and outdoor household article documents. 301.45–9 Inspection and disposal of regulated articles and pests. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 9 Animal and Plant Health Inspection Service, USDA Pt. 301 301.45–10 Movement of live gypsy moths. 301.45–11 Costs and charges. 301.45–12 Disqualification of qualified cer tified applicator to issue certificates. Subpart—Japanese Beetle QUARANTINE AND REGULATIONS 301.48 Notice of quarantine; quarantine re strictions on interstate movement of reg ulated articles. 301.48–1 Definitions. 301.48–2 Authorization to designate, and ter minate designation of, regulated air ports. 301.48–3 Notification of designation, and ter mination of designation, of regulated air ports. 301.48–4 Conditions governing the interstate movement of regulated articles from quarantined States. 301.48–5 Inspection and disposal of regulated articles and pests. 301.48–6 Movement of live Japanese beetles. 301.48–7 Nonliability of the Department. 301.48–8 Compliance agreements and can cellation. Subpart—Pine Shoot Beetle 301.50 Restrictions on interstate movement of regulated articles. 301.50–1 Definitions. 301.50–2 Regulated articles. 301.50–3 Quarantined areas. 301.50–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.50–5 Issuance and cancellation of certifi cates and limited permits. 301.50–6 Compliance agreements and can cellation. 301.50–7 Assembly and inspection of regu lated articles. 301.50–8 Attachment and disposition of cer tificates and limited permits. 301.50–9 Costs and charges. 301.50–10 Treatments and management method. Subpart—Asian Longhorned Beetle 301.51–1 Definitions. 301.51–2 Regulated articles. 301.51–3 Quarantined areas. 301.51–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.51–5 Issuance and cancellation of certifi cates and limited permits. 301.51–6 Compliance agreements and can cellation. 301.51–7 Assembly and inspection of regu lated articles. 301.51–8 Attachment and disposition of cer tificates and limited permits. 301.51–9 Costs and charges. Subpart—Pink Bollworm QUARANTINE AND REGULATIONS 301.52 Quarantine; restriction on interstate movement of specified regulated articles. 301.52–1 Definitions. 301.52–2 Authorization for Deputy Adminis trator to list regulated areas and sup pressive or generally infested areas. 301.52–2a Regulated areas; suppressive and generally infested areas. 301.52–3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.52–4 Issuance and cancellation of certifi cates and permits. 301.52–5 Compliance agreements; and can cellation thereof. 301.52–6 Assembly and inspection of regu lated articles. 301.52–7 Attachment and disposition of cer tificates or permits. 301.52–8 Inspection and disposal of regulated articles and pests. 301.52–9 Movement of live pink bollworms. 301.52–10 Nonliability of the Department. Subpart—Emerald Ash Borer 301.53–1 Definitions. 301.53–2 Regulated articles. 301.53–3 Quarantined areas. 301.53–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.53–5 Issuance and cancellation of certifi cates and limited permits. 301.53–6 Compliance agreements and can cellation. 301.53–7 Assembly and inspection of regu lated articles. 301.53–8 Attachment and disposition of cer tificates and limited permits. 301.53–9 Costs and charges. Subpart—South American Cactus Moth 301.55 Restrictions on interstate movement of regulated articles. 301.55–1 Definitions. 301.55–2 Regulated articles. 301.55–3 Quarantined areas. 301.55–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.55–5 Issuance and cancellation of certifi cates and limited permits. 301.55–6 Compliance agreements and can cellation. 301.55–7 Assembly and inspection of regu lated articles. 301.55–8 Attachment and disposition of cer tificates and limited permits. 301.55–9 Costs and charges. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 10 7 CFR Ch. III (1–1–17 Edition) Pt. 301 Subpart—Plum Pox 301.74 Restrictions on interstate movement of regulated articles. 301.74–1 Definitions. 301.74–2 Regulated articles. 301.74–3 Quarantined areas. 301.74–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.74–5 Compensation. Subpart—Citrus Canker NOTICE OF QUARANTINE AND REGULATIONS 301.75–1 Definitions. 301.75–2 General prohibitions. 301.75–3 Regulated articles. 301.75–4 Quarantined areas. 301.75–5 Commercial citrus-producing areas. 301.75–6 Interstate movement of regulated nursery stock from a quarantined area. 301.75–7 Interstate movement of regulated fruit from a quarantined area. 301.75–8 Interstate movement of regulated seed from a quarantined area. 301.75–9 Interstate movement of regulated articles from a quarantined area for ex perimental or scientific purposes. 301.75–10 Interstate movement of regulated articles through a quarantined area. 301.75–11 [Reserved] 301.75–12 Certificates and limited permits. 301.75–13 Compliance agreements. 301.75–14 Costs and charges. 301.75–15 Funds for the replacement of com mercial citrus trees. 301.75–16 Payments for the recovery of lost production income. 301.75–17 Funds for the replacement of cer tified citrus nursery stock. Subpart—Citrus Greening and Asian Citrus Psyllid 301.76 Restrictions on the interstate move ment of regulated articles. 301.76–1 Definitions. 301.76–2 Regulated articles for Asian citrus psyllid and citrus greening. 301.76–3 Quarantined areas; citrus greening and Asian citrus psyllid. 301.76–4 Labeling requirements for regu lated nursery stock produced within an area quarantined for citrus greening. 301.76–5 General conditions governing the issuance of any certificate or limited permit; provisions for cancellation of a certificate or limited permit. 301.76–6 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for Asian citrus psyllid, but not for citrus greening. 301.76–7 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for citrus greening. 301.76–8 Compliance agreements and can cellation. 301.76–9 Inspection of regulated nursery stock. 301.76–10 Attachment and disposition of cer tificates and limited permits. 301.76–11 Costs and charges. Subpart—Witchweed QUARANTINE AND REGULATIONS 301.80 Quarantine; restriction on interstate movement of specified regulated articles. 301.80–1 Definitions. 301.80–2 Authorization to designate, and ter minate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from cer tification, permit, or other requirements. 301.80–2a Regulated areas; generally in fested and suppressive areas. 301.80–2b Exempted articles. 301.80–3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.80–4 Issuance and cancellation of certifi cates and permits. 301.80–5 Compliance agreements; and can cellation thereof. 301.80–6 Assembly and inspection of regu lated articles. 301.80–7 Attachment and disposition of cer tificates or permits. 301.80–8 Inspection and disposal of regulated articles and pests. 301.80–9 Movement of witchweed. 301.80–10 Nonliability of the Department. Subpart—Imported Fire Ant QUARANTINE AND REGULATIONS 301.81 Restrictions on interstate movement of regulated articles. 301.81–1 Definitions. 301.81–2 Regulated articles. 301.81–3 Quarantined areas. 301.81–4 Interstate movement of regulated articles from quarantined areas. 301.81–5 Issuance of a certificate or limited permit. 301.81–6 Compliance agreements. 301.81–7 Cancellation of a certificate, lim ited permit, or compliance agreement. 301.81–8 Assembly and inspection of regu lated articles. 301.81–9 Attachment and disposition of cer tificates and limited permits. 301.81–10 Costs and charges. 301.81–11 Imported fire ant detection, con trol, exclusion, and enforcement program for nurseries producing containerized plants. Subpart—Unshu Oranges [Reserved] VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00020 Fmt 8010 Sfmt 8006 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 11 Animal and Plant Health Inspection Service, USDA Pt. 301 Subpart—Golden Nematode QUARANTINE AND REGULATIONS 301.85 Quarantine; restriction on interstate movement of specified regulated articles. 301.85–1 Definitions. 301.85–2 Authorization to designate, and ter minate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from cer tification, permit, or other requirements. 301.85–2a Regulated areas; suppressive and generally infested areas. 301.85–2b Exempted articles. 301.85–3 Conditions governing the interstate movement of regulated articles from quarantined States. 301.85–4 Issuance and cancellation of certifi cates and permits. 301.85–5 Compliance agreement and can cellation thereof. 301.85–6 Assembly and inspection of regu lated articles. 301.85–7 Attachment and disposition of cer tificates and permits. 301.85–8 Inspection and disposal of regulated articles and pests. 301.85–9 Movement of live golden nema todes. 301.85–10 Nonliability of the Department. Subpart—Pale Cyst Nematode 301.86 Restrictions on interstate movement of regulated articles. 301.86–1 Definitions. 301.86–2 Regulated articles. 301.86–3 Quarantined areas. 301.86–4 Conditions governing the interstate movement of regulated articles from quarantined areas. 301.86–5 Issuance and cancellation of certifi cates and limited permits. 301.86–6 Compliance agreements and can cellation. 301.86–7 Assembly and inspection of regu lated articles. 301.86–8 Attachment and disposition of cer tificates and limited permits. 301.86–9 Costs and charges. Subpart—Sugarcane Diseases QUARANTINE AND REGULATIONS 301.87 Quarantine; restrictions on interstate movement of specified articles. 301.87–1 Definitions. 301.87–2 Regulated articles. 301.87–3 Regulated areas. 301.87–4 Conditions governing the interstate movement of regulated articles from reg ulated areas in quarantined States. 301.87–5 Issuance and cancellation of certifi cates and limited permits. 301.87–6 Compliance agreement; cancella tion. 301.87–7 Assembly and inspection of regu lated articles. 301.87–8 Attachment and disposition of cer tificates and limited permits. 301.87–9 Costs and charges. 301.87–10 [Reserved] Subpart—Karnal Bunt 301.89–1 Definitions. 301.89–2 Regulated articles. 301.89–3 Regulated areas. 301.89–4 Planting. 301.89–5 Movement of regulated articles from regulated areas. 301.89–6 Issuance of a certificate or limited permit. 301.89–7 Compliance agreements. 301.89–8 Cancellation of a certificate, lim ited permit, or compliance agreement. 301.89–9 Assembly and inspection of regu lated articles. 301.89–10 Attachment and disposition of cer tificates and limited permits. 301.89–11 Costs and charges. 301.89–12 Cleaning, disinfection, and dis posal. 301.89–13–14 [Reserved] 301.89–15 Compensation for growers, han dlers, and seed companies in the 1999–2000 and subsequent crop seasons. 301.89–16 Compensation for grain storage fa cilities, flour millers, National Survey participants, and certain custom har vesters and equipment owners or lessees for the 1999–2000 and subsequent crop sea sons. Subpart—Corn Cyst Nematode [Reserved] Subpart—European Larch Canker QUARANTINE AND REGULATIONS 301.91 Quarantine and regulations; restric tions on interstate movement of regu lated articles. 301.91–1 Definitions. 301.91–2 Regulated articles. 301.91–3 Regulated areas. 301.91–4 Conditions governing the interstate movement of regulated articles from reg ulated areas in quarantined States. 301.91–5 Issuance and cancellation of certifi cates and limited permits. 301.91–6 Compliance agreement and can cellation thereof. 301.91–7 Assembly and inspection of regu lated articles. 301.91–8 Attachment and disposition of cer tificates and limited permits. 301.91–9 Costs and charge. Subpart—Phytophthora Ramorum 301.92 Restrictions on interstate movement. 301.92–1 Definitions. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 12 7 CFR Ch. III (1–1–17 Edition) § 301.1 301.92–2 Restricted, regulated, and associ ated articles; lists of proven hosts and associated plant taxa. 301.92–3 Quarantined and regulated areas. 301.92–4 Conditions governing the interstate movement of regulated, restricted, and associated articles, and non-host nursery stock from quarantined and regulated areas. 301.92–5 Issuance and cancellation of certifi cates. 301.92–6 Compliance agreements and can cellation. 301.92–7 Availability of inspectors; assembly for inspection. 301.92–8 Attachment and disposition of cer tificates and recordkeeping. 301.92–9 Costs and charges. 301.92–10 [Reserved] 301.92–11 Inspection and sampling protocols. 301.92–12 Testing protocols. AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75–15 issued under Sec. 204, Title II, Public Law 106–113, 113 Stat. 1501A– 293; sections 301.75–15 and 301.75–16 issued under Sec. 203, Title II, Public Law 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). Subpart—Preemption and Special Need Requests SOURCE: 73 FR 63064, Oct. 23, 2008, unless otherwise noted. § 301.1 Purpose and scope. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not impose prohibitions or restrictions upon the movement in interstate com merce of articles, means of convey ance, plants, plant products, biological control organisms, plant pests, or nox ious weeds if the Secretary has issued a regulation or order to prevent the dis semination of the biological control or ganism, plant pest, or noxious weed within the United States. The only ex ceptions to this are: (1) If the prohibitions or restrictions issued by the State or political subdivi sion of a State are consistent with and do not exceed the regulations or orders issued by the Secretary, or (2) If the State or political subdivi sion of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment. (b) The regulations in this subpart provide for the submission and consid eration of special need requests when a State or a political subdivision of a State seeks to impose prohibitions or restrictions on the movement in inter state commerce of articles, means of conveyance, plants, plant products, bi ological control organisms, plant pests, or noxious weeds that are in addition to the prohibitions or restrictions im posed by this part or by a Federal Order. § 301.1–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person author ized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Interstate commerce. Trade, traffic, or other commerce (1) From one State into or through any other State or (2) Within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or pos session of the United States. Move (moved, movement). Shipped, of fered to a common carrier for ship ment, received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (in cluding nursery stock or plant prod ucts), livestock, poultry, or other in terests of agriculture, irrigation, navi gation, the natural resources of the United States, the public health or the environment. Plant pest. Any living stage of any in sects, mites, nematodes, slugs, snails, protozoa, or other invertebrate ani mals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 13 Animal and Plant Health Inspection Service, USDA § 301.1–3 infectious substances which can di rectly or indirectly injure or cause dis ease or damage in any plants or parts thereof or any processed, manufac tured, or other products of plants. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.1–2 Criteria for special need re quests. (a) A special need request, as de scribed in § 301.1, may be generated by a State or a political subdivision of a State. If the request is generated by a political subdivision of a State, the re quest must be submitted to APHIS through the State. States may also col laborate with other States to submit multi-State special need requests. However, if submitted, the multi-State special need request must include in formation in sufficient detail to allow APHIS to analyze the impacts on each State on an individual basis. All spe cial need requests must be signed by the executive official or officials or by a plant protection official or officials of the State(s) making the request and must contain the following: (1) Data drawn from a scientifically sound detection survey, showing that the biological control organism, nox ious weed, or plant pest of concern does not exist in the State or political sub division or, if already present in the State or political subdivision, the dis tribution of the biological control or ganism, noxious weed, or plant pest of concern; (2) If the biological control organism, noxious weed, or plant pest is not present in the State or political sub division, a risk analysis or other sci entific data showing that the biological control organism, noxious weed, or plant pest could enter the State or po litical subdivision and become estab lished; (3) Specific information showing that, if introduced into or allowed to spread within the State or political subdivision, the biological control or ganism, noxious weed, or plant pest would harm or injure the environment or agricultural resources in the State or political subdivision. The request should contain detailed information, including quantitative estimates, if available, about what harm or injury would result from the introduction or dissemination of the biological control organism, noxious weed, or plant pest in the State or political subdivision; (4) Specific information showing that the State or political subdivision has characteristics that make it particu larly vulnerable to the biological con trol organism, noxious weed, or plant pest, such as unique plants, diversity of flora, historical concerns, or any other special basis for the request for addi tional restrictions or prohibitions; and (5) Information detailing the pro posed additional prohibitions or re strictions and scientific data dem onstrating that the proposed additional prohibitions or restrictions are nec essary and adequate, and that there is no less drastic action that is feasible and that would be adequate, to prevent the introduction or spread of the bio logical control organism, noxious weed, or plant pest in the State or political subdivision. (b) All special need requests must be submitted to the Deputy Adminis trator for Plant Protection and Quar antine, APHIS, USDA, Jamie L. Whit ten Federal Building, 14th Street and Independence Avenue, SW., Room 301– E, Washington, DC 20250. § 301.1–3 Action on special need re quests. (a) Upon receipt of a complete special need request submitted in accordance with § 301.1–2, APHIS will publish a no tice in the FEDERAL REGISTER to in form the public of the special need re quest and to make the request and its supporting information available for review and comment for at least 60 days. (b) Following the close of the com ment period, APHIS will publish an other notice announcing the Adminis trator’s decision to either grant or deny the special need request. The Ad ministrator’s determination will be based upon the evaluation of the infor mation submitted by the State or po litical subdivision of a State in support of its request and would take into ac count any comments received. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 14 7 CFR Ch. III (1–1–17 Edition) § 301.10 (1) If the Administrator grants the special need request, the State or polit ical subdivision of a State will be au thorized to impose only the specific prohibitions or restrictions identified in the request and approved by APHIS. APHIS will coordinate with the State, or with the State on behalf of the polit ical subdivision of the State, to ensure that the additional prohibitions or re strictions are in accord with the spe cial need exception granted by the Ad ministrator. (2) If the Administrator denies the special need request, the State or polit ical subdivision of a State will be noti fied in writing of the reason for the de nial and may submit any additional in formation the State or political sub division of a State may have in order to request a reconsideration. (c) If granted, a special need excep tion will be applicable for 2 years, at the end of which the State or political subdivision of a State must submit a request for renewal of the exception. A special need renewal request must ad dress the same criteria as the initial request submitted under § 301.1–2 and must show that a special need still ex ists that warrants the continuation of the special need exception. The re newal must be submitted no sooner than 6 months and no later than 3 months prior to the end of the 2-year applicability period for the initial ex ception. Once a special need renewal request has been received, APHIS will follow the same notice and comment process outlined in paragraphs (a) and (b) of this section. If, by the end of the 2-year applicability period, the State or political subdivision of a State does not submit a special need renewal re quest, the State’s or political subdivi sion’s special need exception will lapse and the State or political subdivision of a State will have to reapply for the special need exception. (d) If the Administrator determines that there is a need for the withdrawal of a special need exception before the renewal date of the special need excep tion, the reasons for the withdrawal would be communicated to the State or to the political subdivision of the State and APHIS will publish a notice in the FEDERAL REGISTER to inform the public of the withdrawal of the special need exception and to make the information supporting the withdrawal available for review and comment for at least 60 days. Reasons for withdrawal of ap proval of a special need exception may include, but are not limited to, the availability of new scientific data or changes in APHIS regulations. Fol lowing the close of the comment pe riod, APHIS will publish another no tice announcing the Administrator’s decision to either withdraw or uphold the special need exception. The Admin istrator’s determination will be based upon the evaluation of the information submitted in support of the withdrawal and would take into account any com ments received. (Approved by the Office of Management and Budget under control number 0579–0291) Subpart—Imported Plants and Plant Parts SOURCE: 62 FR 61212, Nov. 17, 1997, unless otherwise noted. § 301.10 Definitions. Move (moved, movement). Shipped, of fered to a common carrier for ship ment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. State. Any State, territory, district, or possession of the United States. § 301.11 Notice of quarantine; prohibi tion on the interstate movement of certain imported plants and plant parts. (a) In accordance with part 319 of this chapter, some plants and plant parts may only be imported into the United States subject to certain destination restrictions. That is, under part 319, some plants and plant parts may be im ported into some States or areas of the United States but are prohibited from being imported into, entered into, or distributed within other States or areas, as an additional safeguard against the introduction and establish ment of foreign plant pests and dis eases. (b) Under this quarantine notice, whenever any imported plant or plant part is subject to destination restric tions under part 319: VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 15 Animal and Plant Health Inspection Service, USDA § 301.32–1 1 Permit and other requirements for the interstate movement of any of the fruit flies regulated under this subpart are contained in part 330 of this chapter. (1) The State(s) or area(s) into which the plant or plant part is allowed to be imported is quarantined with respect to that plant or plant part; and (2) No person shall move any plant or plant part from any such quarantined State or area into or through any State or area not quarantined with respect to that plant or plant part. Subpart—Fruit Flies SOURCE: 73 FR 32432, June 9, 2008, unless otherwise noted. § 301.32 Restrictions on interstate movement of regulated articles. (a) No person may move interstate from any quarantined area any regu lated article except in accordance with this subpart. 1 (b) Section 414 of the Plant Protec tion Act (7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dis pose of any plant, plant pest, plant product, article, or means of convey ance that is moving, or has moved into or through the United States or inter state if the Secretary has reason to be lieve the article is a plant pest or is in fested with a plant pest at the time of movement. § 301.32–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agri culture. Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of fruit flies and may be moved interstate to any destination. Commercially produced. Fruits and vegetables that an inspector identifies as having been produced for sale and distribution in mass markets. Such identification will be based on a vari ety of indicators, including, but not limited to: Quantity of produce, monocultural practices, pest manage ment programs, good sanitation prac tices including destruction of culls, type of packaging, identification of grower or packinghouse on the pack aging, and documents consigning the shipment to a wholesaler or retailer. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this sub part. Core area. The area within a circle surrounding each site where fruit flies have been detected using a 1⁄2-mile ra dius with the detection site as a center point. Day degrees. A unit of measurement used to measure the amount of heat re quired to further the development of fruit flies through their life cycle. Day degree life cycle requirements are cal culated through a modeling process specific for each species of fruit fly. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate move ment of the regulated article identified on the document is for scientific or ex perimental purposes and that the regu lated article is eligible for interstate movement in accordance with § 301.32– 4(c). Dripline. The line around the canopy of a plant. Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote fruit fly, or West Indian fruit fly, or other species of insects found in the family Tephritidae, collec tively. Infestation. The presence of fruit flies or the existence of circumstances that makes it reasonable to believe that fruit flies are present. Inspector. Any employee of APHIS or other person authorized by the Admin istrator to enforce this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 16 7 CFR Ch. III (1–1–17 Edition) § 301.32–2 a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.32– 5(b) only to a specified destination and only in accordance with specified con ditions. Mediterranean fruit fly. The insect known as Mediterranean fruit fly, Ceratitis capitata (Wiedemann), in any stage of development. Melon fruit fly. The insect known as the melon fruit fly, Bactrocera cucurbitae (Coquillett), in any stage of development. Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha ludens (Loew), in any stage of development. Move (moved, movement). Shipped, of fered to a common carrier for ship ment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. Oriental fruit fly. The insect known as Oriental fruit fly, Bactrocera dorsalis (Hendel), in any stage of development. Peach fruit fly. The insect known as peach fruit fly, Anastrepha zonata (Saunders), in any stage of develop ment. Person. Any individual, partnership, corporation, association, joint venture, or other legal entity. Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service that has been delegated responsibility for enforcing provisions of the Plant Protection Act and related legislation, quarantines, and regulations. Quarantined area. Any State, or any portion of a State, designated as a quarantined area in accordance with § 301.32–3. Regulated article. Any article listed in § 301.32–2 or otherwise designated as a regulated article in accordance with § 301.32–2(d). Sapote fruit fly. The insect known as the sapote fruit fly, Anastrepha serpentina, in any stage of develop ment. State. Any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. West Indian fruit fly. The insect known as the West Indian fruit fly, Anastrepha obliqua (Macquart), in any stage of development. § 301.32–2 Regulated articles. (a) In the following table, the berry, fruit, nut, or vegetable listed in each row in the left column is a regulated article for each of the fruit fly species listed in that row in the right column, unless the article is canned, dried, or frozen below ¥17.8 °C (0 °F): Botanical name Common name(s) Fruit fly Abelmoschus esculentus = Hibiscus esculentus. Okra ......................................................... Melon, Peach. Acca sellowiana = Feijoa sellowiana ........ Pineapple guava ...................................... Mediterranean, Oriental, Peach. Actinidia chinensis .................................... Kiwi .......................................................... Mediterranean. Aegle marmelos ........................................ Indian bael ............................................... Peach. Anacardium occidentale ............................ Cashew .................................................... Oriental. Annona cherimola ..................................... Cherimoya ............................................... Mexican, Oriental, Peach. Annona glabra ........................................... Pond-apple .............................................. Sapote. Annona muricata ....................................... Soursop ................................................... Melon, Oriental, Peach. Annona reticulata ...................................... Custard apple, Annona ............................ Melon, Mexican, Oriental, Peach. Annona squamosa .................................... Custard apple .......................................... Peach. Artocarpus altilis ........................................ Breadfruit ................................................. Oriental. Artocarpus heterophyllus .......................... Jackfruit ................................................... Oriental. Averrhoa carambola .................................. Carambola, Country gooseberry ............. Oriental, West Indian. Benincasa hispida ..................................... Melon, Chinese ........................................ Melon. Brassica juncea ......................................... Mustard, leaf ............................................ Melon. Brassica oleracea var. botrytis ................. Cauliflower ............................................... Melon. Brosimum alicastrum ................................ Ramón ..................................................... West Indian. Byrsonima crassifolia ................................ Nance ...................................................... Sapote. Calophyllum inophyllum ............................ Alexandrian-laurel, Laurel ........................ Oriental. Cananga odorata ...................................... Ylang-Ylang ............................................. Oriental. Capsicum annum ...................................... Pepper, chili ............................................. Mediterranean, Melon, Oriental. Capsicum frutescens ................................ Pepper, tabasco ...................................... Mediterranean, Melon. Capsicum frutescens abbreviatum ........... Oriental bush red pepper ........................ Oriental. Capsicum frutescens var. grossum .......... Pepper, sweet .......................................... Oriental. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 17 Animal and Plant Health Inspection Service, USDA § 301.32–2 Botanical name Common name(s) Fruit fly Carica papaya ........................................... Papaya ..................................................... Mediterranean, Melon, Oriental, Peach. Carissa grandiflora .................................... Natal plum ............................................... Oriental. Carissa macrocarpa .................................. Natal plum ............................................... Mediterranean. Casimiroa edulis ....................................... Sapote, white ........................................... Mediterranean. Casimiroa greggii = Sargentia greggii ...... Sargentia, yellow chapote ....................... Mexican. Casimiroa spp ........................................... Sapote ..................................................... Mexican. Cereus coerulescens ................................ Cactus ...................................................... Oriental. Chrysophyllum cainito ............................... Star apple ................................................ Oriental, Sapote. Chrysophyllum oliviforme .......................... Caimitillo .................................................. Oriental. Citrofortunella japonica ............................. Orange, calamondin ................................ Peach. Citrullus colocynthis .................................. Colocynth ................................................. Melon. Citrullus lanatus = Citrullus vulgaris ......... Watermelon ............................................. Melon, Peach. Citrullus spp .............................................. Melon ....................................................... Melon. Citrus aurantiifolia ..................................... Lime ......................................................... Mediterranean, Mexican, 1 Oriental, Peach. Citrus aurantium ........................................ Orange, sour ............................................ Mediterranean, Mexican, Oriental, Peach. Citrus jambhiri ........................................... Lemon, Rough ......................................... Mediterranean. Citrus latifolia ............................................ Lime, Persian ........................................... Oriental. Citrus limon ............................................... Lemon ...................................................... Mediterranean, 2 Mexican, 3 Oriental, Peach. Citrus limon × reticulata ............................ Lemon, Meyer .......................................... Mediterranean. Citrus madurensis = xCitrofortunella mitis Orange, Panama ..................................... Sapote. Citrus maxima = Citrus grandis ................ Pummelo or Shaddock ............................ Mediterranean, Mexican, Oriental, Peach. Citrus medica ............................................ Citrus citron ............................................. Mediterranean, Mexican, Peach. Citrus paradisi ........................................... Grapefruit ................................................. Mediterranean, Melon, Mexican, Ori ental, Peach. Citrus reticulata ......................................... Mandarin orange, tangerine .................... Mediterranean, Mexican, Oriental, Peach. Citrus reticulata var. Unshu ...................... Orange, Unshu ........................................ Mediterranean, Oriental. Citrus reticulata × C. sinensis = Citrus nobilis. Orange, king ............................................ Mediterranean, Melon, Oriental, Peach. Citrus reticulata × Fortunella ..................... Orange, calamondin ................................ Mediterranean, Mexican, Oriental. Citrus sinensis ........................................... Orange, sweet ......................................... Mediterranean, Melon, Mexican, Ori ental, Peach. Citrus spp .................................................. Citrus ....................................................... Sapote. Clausena lansium ..................................... Wampi ...................................................... Oriental. Coccinia spp ............................................. Gourds ..................................................... Melon, Peach. Coccoloba uvifera ..................................... Seagrape ................................................. Oriental. Coffea arabica ........................................... Coffee, Arabian ........................................ Oriental. Cresentia spp ............................................ Gourds ..................................................... Melon, Peach. Cucumis melo and Cucumis melo var. Cantalupensis. Cantaloupe .............................................. Melon, Peach. Cucumis melo var. conomon .................... Melon, oriental pickling ............................ Melon. Cucumis pubescens and Cucumis trigonus. Cucurbit ................................................... Melon. Cucumis sativus ........................................ Cucumber ................................................ Melon, Oriental, Peach. Cucumis utilissimus .................................. Melon, long .............................................. Peach. Cucurbita maxima ..................................... Squash ..................................................... Melon. Cucurbita moschata .................................. Pumpkin, Canada .................................... Melon. Cucurbita pepo .......................................... Pumpkin ................................................... Melon. Cydonia oblonga ....................................... Quince ..................................................... Mexican, Mediterranean, Oriental, Peach, Sapote. Cyphomandra betaceae ............................ Tomato, tree ............................................ Melon. Diospyros digyna ...................................... Black sapote ............................................ Sapote. Diospyros discolor ..................................... Velvet apple ............................................. Oriental. Diospyros khaki ......................................... Japanese persimmon .............................. Mediterranean, Oriental. Diospyros spp ........................................... Sapote ..................................................... Sapote, West Indian. Dovyalis hebecarpa .................................. Kitembilla ................................................. Oriental, Sapote, West Indian. Dracena draco .......................................... Dragon tree .............................................. Oriental. Elaeocarpus angustifolius ......................... Blue marbletree; New Guinea quandong Peach. Elaeocarpus grandiflorus .......................... Lily of the valley tree ............................... Peach. Elaeocarpus madopetalus ........................ Ma-kok-nam ............................................. Peach. Eriobotrya japonica ................................... Loquat ...................................................... Mediterranean, Oriental, Peach, West In dian. Eugenia brasiliensis = E. dombeyi ........... Brazil-cherry, grumichama ....................... Mediterranean, Oriental, Peach. Eugenia malaccensis ................................ Malay apple ............................................. Oriental. Eugenia uniflora ........................................ Surinam cherry ........................................ Mediterranean, Oriental, Peach. Euphoria longan ........................................ Longan ..................................................... Oriental. Ficus benghalensis ................................... Fig, Banyan ............................................. Peach. Ficus carica ............................................... Fig ............................................................ Mediterranean, Melon, Oriental, Peach. Ficus macrophylla ..................................... Fig, Moreton Bay ..................................... Peach. Ficus retusa .............................................. Fig, glossy leaf ........................................ Peach. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 18 7 CFR Ch. III (1–1–17 Edition) § 301.32–2 Botanical name Common name(s) Fruit fly Ficus rubiginosa ........................................ Fig, Port Jackson ..................................... Peach. Ficus spp ................................................... Fig ............................................................ Peach. Fortunella japonica .................................... Chinese Orange, Kumquat ...................... Mediterranean, Oriental, Peach. Garcinia celebica ...................................... Gourka ..................................................... Oriental. Garcinia mangostana ................................ Mangosteen ............................................. Oriental. Grewia asiatica ......................................... Phalsa ...................................................... Peach. Jubaea chilensis = Jubaea spectabilis ..... Syrup palm .............................................. Oriental. Juglans hindsii .......................................... Walnut ...................................................... Oriental. Juglans regia ............................................. Walnut, English ........................................ Oriental. Juglans spp ............................................... Walnut with husk ..................................... Mediterranean. Lablab purpureus subsp. purpureus = Dolichos lablab. Bean, hyacinth ......................................... Melon. Lagenaria spp ........................................... Gourds ..................................................... Melon, Peach. Luffa acutangula ....................................... Gourd, ribbed or ridged, luffa .................. Peach. Luffa aegyptiaca ........................................ Gourd, smooth luffa, sponge ................... Peach. Luffa spp ................................................... Gourds ..................................................... Melon, Peach. Luffa vulgaris ............................................. Gourd ....................................................... Peach. Lychee chinensis ...................................... Lychee nut ............................................... Oriental Lycopersicon esculentum ......................... Tomato ..................................................... Mediterranean, 4 Melon, Oriental, Peach. Madhuca indica = Bassia latifolia ............. Mahua, mowra-buttertree ........................ Peach. Malpighia glabra ........................................ Cherry, Barbados .................................... Oriental, West Indian. Malpighia punicifolia .................................. West Indian cherry .................................. Oriental. Malus sylvestris ......................................... Apple ........................................................ Mediterranean, Melon, Mexican, Ori ental, Sapote, Peach. Mammea americana ................................. Mammy apple .......................................... Mexican, Oriental, Peach, Sapote. Mangifera foetida ...................................... Mango, Bachang ..................................... Peach. Mangifera indica ........................................ Mango ...................................................... All. Mangifera odorata ..................................... Kuine ........................................................ Peach. Manilkara hexandra .................................. Sapodilla, balata ...................................... Peach. Manilkara jaimiqui subsp. emarginata ...... Sapodilla, wild .......................................... Peach. Manilkara zapota ....................................... Sapodilla, chiku ....................................... Oriental, Peach, Sapote, West Indian. Mimusops elengi ....................................... Spanish cherry ......................................... Mediterranean, Oriental. Momordica balsamina ............................... Balsam apple, hawthorn .......................... Peach. Momordica charantia ................................ Balsam pear, bitter melon ....................... Peach. Momordica cochinchinensis ...................... Balsam apple, gac ................................... Peach. Momordica spp ......................................... Gourds ..................................................... Melon, Peach. Morus nigra ............................................... Mulberry ................................................... Oriental. Murraya exotica ........................................ Mock orange ............................................ Mediterranean, Oriental. Musa × paradisiaca = Musa paradisiaca subsp. sapientum. Banana .................................................... Oriental. Musa acuminata = Musa nana ................. Banana, dwarf ......................................... Oriental. Ochrosia elliptica ....................................... Orange, bourbon ..................................... Peach. Olea europea ............................................ Olive ......................................................... Mediterranean. Opuntia ficus-indica = Opuntia megacantha. Prickly pear .............................................. Oriental. Opuntia spp ............................................... Opuntia cactus ......................................... Mediterranean. Passiflora edulis ........................................ Passionflower, passionfruit, yellow lilikoi Melon, Oriental, West Indian. Passiflora laurifolia .................................... Lemon, water ........................................... Melon. Passiflora ligularis ..................................... Granadilla, sweet ..................................... Oriental. Passiflora quadrangularis ......................... Granadilla, giant ...................................... West Indian. Passiflora tripartita var. mollissima ........... Passionflower, softleaf ............................. Oriental. Persea americana ..................................... Avocado ................................................... Mediterranean, Melon, Mexican, Ori ental, Peach, Sapote. Phaseolus lunatus = Phaseolus limensis Bean, lima ................................................ Melon. Phaseolus vulgaris .................................... Bean, mung ............................................. Melon. Phoenix dactylifera .................................... Date palm ................................................ Mediterranean, Melon, Oriental, Peach. Planchonia careya = Careya arborea ....... Patana oak, kumbhi ................................. Peach. Pouteria caimito ........................................ Abiu .......................................................... Sapote. Pouteria campechiana .............................. Eggfruit tree ............................................. Oriental, Sapote. Pouteria obovata ....................................... Lucmo ...................................................... Sapote. Pouteria viridis .......................................... Sapote, green .......................................... Sapote. Prunus americana ..................................... Plum, American ....................................... Mediterranean, Mexican, Oriental, Peach. Prunus armeniaca ..................................... Apricot ...................................................... Mediterranean, Mexican, Oriental, Peach. Prunus avium ............................................ Sweet cherry ............................................ Mediterranean, Peach. Prunus cerasus ......................................... Sour cherry .............................................. Mediterranean, Peach. Prunus domestica ..................................... Plum, European ....................................... Mediterranean, Mexican, Oriental, Peach. Prunus dulcis = P. amygdalus .................. Almond with husk .................................... Mediterranean, Peach 5. Prunus ilicifolia .......................................... Cherry, Catalina ....................................... Oriental, Peach. Prunus lusitanica ....................................... Cherry, Portuguese ................................. Oriental, Peach. Prunus persica .......................................... Peach ....................................................... All. Prunus persica var. nectarine ................... Nectarine ................................................. Mediterranean, Mexican, Oriental, Peach. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00028 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 19 Animal and Plant Health Inspection Service, USDA § 301.32–2 Botanical name Common name(s) Fruit fly Prunus salicina .......................................... Japanese plum ........................................ Mediterranean, Mexican, Peach, West Indian. Prunus salicina × Prunus cerasifera ......... Methley plum ........................................... Peach. Psidium cattleianum .................................. Strawberry guava, Cattley guava ............ Mediterranean, Melon, Oriental. Psidium cattleianum var. cattleianum f. lucidum. Yellow strawberry guava ......................... Peach. Psidium cattleianum var. littorale .............. Red strawberry guava ............................. Oriental, West Indian, Peach. Psidium guajava ........................................ Guava ...................................................... All. Punica granatum ....................................... Pomegranate ........................................... Mediterranean, Mexican, Oriental, Peach. Pyrus communis ....................................... Pear ......................................................... All. Pyrus pashia ............................................. Kaeuth ..................................................... Peach. Pyrus pyrifolia ........................................... Pear, sand ............................................... Peach. Rhodomyrtus tomentosa ........................... Myrtle, downy rose .................................. Oriental. Sandoricum koetjape ................................ Santol ....................................................... Oriental. Santalum album ........................................ Sandalwood, white .................................. Oriental. Santalum paniculatum .............................. Sandalwood ............................................. Oriental. Sapotaceae ............................................... Sapota, Sapodilla .................................... Mexican. Sechium edule .......................................... Chayote ................................................... Melon. Sesbania grandiflora ................................. Scarlet wisteria tree ................................. Melon. Sicyes sp ................................................... Cucumber, bur ......................................... Melon. Solanum aculeatissimum .......................... Nightshade ............................................... Peach. Solanum mauritianum = S. auriculatum ... Tobacco, wild ........................................... Peach. Solanum melongena ................................. Eggplant ................................................... Mediterranean, 6 Melon, Peach. Solanum muricatum .................................. Pepino ...................................................... Oriental, Peach. Solanum pseudocapsicum ........................ Jerusalem cherry ..................................... Oriental, Peach. Solanum seaforthianum ............................ Nightshade, Brazilian ............................... Peach. Solanum verbascifolium ............................ Nightshade, Mullein ................................. Peach. Spondias dulcis = Spondias cytherea ...... Otaheite apple, Jew plum ........................ Oriental, West Indian. Spondias mombin ..................................... Hog-plum ................................................. Sapote, West Indian. Spondias purpurea .................................... Red mombin ............................................ Sapote, West Indian. Spondias spp ............................................ Spanish plum, purple mombin or Ciruela Mexican. Spondias tuberose .................................... Imbu ......................................................... Oriental. Syzygium aquem ...................................... Water apple, watery roseapple ............... Peach. Syzygium cumini ....................................... Java plum, jambolana ............................. Peach. Syzygium jambos = Eugenia jambos ....... Rose apple .............................................. Mediterranean, Mexican, Oriental, Peach, West Indian. Syzygium malaccense = Eugenia malaccensis. Mountain apple, Malay apple .................. Mediterranean, Peach, West Indian. Syzygium samarangense .......................... Java apple ............................................... Peach. Terminalia bellirica .................................... Myrobalan, belleric .................................. Peach. Terminalia catappa ................................... Tropical almond ....................................... Oriental, Peach. Terminalia chebula .................................... Myrobalan, black or chebulic ................... Mediterranean, Oriental, Peach. Thevetia peruviana ................................... Yellow oleander ....................................... Mediterranean, Oriental. Trichosanthis spp ...................................... Gourds ..................................................... Melon, Peach. Vaccinium spp ........................................... Blueberry ................................................. Mediterranean. Vigna unguiculata ..................................... Cowpea .................................................... Melon. Vitis spp .................................................... Grapes ..................................................... Mediterranean, Oriental. Vitis trifolia ................................................. Grape ....................................................... Melon. Wikstroemia phillyreifolia .......................... Akia .......................................................... Oriental. Ziziphus mauritiana ................................... Chinese date, jujube ................................ Peach. 1 Sour limes are not regulated articles for Mexican fruit fly. 2 Only yellow lemons are regulated articles for Mediterranean fruit fly. 3 Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour lemon) are not regulated articles for Mexican fruit fly. 4 Only pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly. 5 Harvested almonds with dried husks are not regulated articles for peach fruit fly. 6 Commercially produced eggplants are not regulated articles for Mediterranean fruit fly. (b) Plants of the following species in the family Curcurbitaceae are regu lated articles for the melon fruit fly only: Cantaloupe (Cucumis melo) Chayote (Sechium edule) Colocynth (Citrullus colocynthis) Cucumber (Cucumis sativus) Cucumber, bur (Sicyes spp.) Cucurbit (Cucumis pubescens and C. trigonus) Cucurbit, wild (Cucumis trigonus) Gherkin, West India (Cucumis angaria) Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and Trichosanthis spp.) Gourd, angled luffa (Luffa acutangula) Gourd, balsam apple (Momordica balsaminia) Gourd, ivy (Coccinia grandis) Gourd, kakari (Momordica dioica) Gourd, serpent cucumber (Trichosanthis anguina) Gourd, snake (Trichosanthis cucumeroides) Gourd, sponge (Luffa aegyptiaca) Gourd, white flowered (Lagenaria siceraria) VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 20 7 CFR Ch. III (1–1–17 Edition) § 301.32–3 2 Requirements under all other applicable Federal domestic plant quarantines and reg ulations must also be met. Melon, Chinese (Benincasa hispida) Melon, long (Cucumis utilissimus) Pumpkin (Cucurbita pepo) Pumpkin, Canada (Cucurbita moschata) Squash (Cucurbita maxima) Watermelon (Citrullus lanatus = Citrullus vulgaris) (c) Soil within the dripline of the plants listed in paragraph (b) of this section or plants that are producing or have produced any article listed in paragraph (a) of this section. (d) Any other product, article, or means of conveyance not listed in para graphs (a), (b), or (c) of this section that an inspector determines presents a risk of spreading fruit flies, when the inspector notifies the person in posses sion of the product, article, or means of conveyance that it is subject to the re strictions of this subpart. [73 FR 34232, June 9, 2008, as amended at 75 FR 12962, Mar. 18, 2010] § 301.32–3 Quarantined areas. (a) Designation of quarantined areas. In accordance with the criteria listed in paragraph (c) of this section, the Ad ministrator will designate as a quar antined area each State, or each por tion of a State, in which a fruit fly pop ulation subject to the regulations in this subpart has been found by an in spector, or in which the Administrator has reason to believe that a fruit fly population is present, or that the Ad ministrator considers necessary to quarantine because of its insepa rability for quarantine enforcement purposes from localities in which a fruit fly population has been found. The Administrator will publish the de scription of the quarantined area on the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/ plantlhealth/plantlpestlinfo/ fruitlflies/index.shtml. The description of the quarantined area will include the date the description was last up dated and a description of the changes that have been made to the quar antined area. The description of the quarantined area may also be obtained by request from any local office of PPQ; local offices are listed in tele phone directories. After a change is made to the quarantined area, we will publish a notice in the FEDERAL REG ISTER informing the public that the change has occurred and describing the change to the quarantined area. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Ad ministrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate move ment of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the fruit fly. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area. A State, or a portion of a State, will be designated as a quarantined area when a fruit fly population has been found in that area by an inspec tor, when the Administrator has reason to believe that the fruit fly is present in that area, or when the Adminis trator considers it necessary to quar antine that area because of its insepa rability for quarantine enforcement purposes from localities in which the fruit fly has been found. (d) Removal of a State, or a portion of a State, from quarantine. A State, or a portion of a State, will be removed from quarantine when the Adminis trator determines that sufficient time has passed without finding additional flies or other evidence of infestation in the area to conclude that the fruit fly no longer exists in that area. § 301.32–4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 2 only if moved under the following con ditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.32–5 and 301.32–8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is ei ther moved in an enclosed vehicle or is VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00030 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 21 Animal and Plant Health Inspection Service, USDA § 301.32–4 completely enclosed by a covering ade quate to prevent access by fruit flies (such as canvas, plastic, or other close ly woven cloth) while moving through the quarantined area; and (2) The point of origin of the regu lated article is indicated on the way bill, and the enclosed vehicle or the en closure that contains the regulated ar ticle is not opened, unpacked, or un loaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or sci entific purposes; (2) Pursuant to a permit issued by the Administrator for the regulated ar ticle; (3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of fruit flies; and (4) With a tag or label bearing the number of the permit issued for the regulated article attached to the out side of the container of the regulated article or attached to the regulated ar ticle itself if not in a container. (d) Hass avocados that are grown or packed in an area quarantined for Med iterranean, Mexican, or sapote fruit fly and that are moving interstate from such an area are subject to the fol lowing additional requirements: (1) Orchard sanitation and safe guarding requirements. (i) Hass avocado fruit that has fallen from the trees may not be included in field boxes of fruit to be packed for shipping. (ii) Harvested Hass avocados must be placed in field boxes or containers of field boxes that are marked to show the location of the orchard. The avoca dos must be moved from the orchard to the packinghouse within 3 hours of harvest or they must be protected from fruit fly infestation until moved. (iii) Hass avocados must be protected from fruit fly infestations during their movement from the orchard to the packinghouse and must be accom panied by a field record indicating the location of the orchard where the avo cados originated. (2) Packinghouse requirements for Hass avocados packed within a quarantined area. (i) All openings to the outside of the packinghouse must be covered by screening with openings of not more than 1.6 mm or by some other barrier that prevents insects from entering the packinghouse. (ii) The packinghouse must have dou ble doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed. (iii) If the Hass avocados were grown in an orchard within the quarantined area, the identity of the avocados must be maintained from field boxes or con tainers to the shipping boxes in the packinghouse so that the avocados can be traced back to the orchard in which they were grown. The avocados must be packed in boxes or crates that are clearly marked with the identity of the grower and the packinghouse. (iv) Any boxes of Hass avocados packed in the quarantined area must be placed in a refrigerated truck or re frigerated container and remain in that truck or container while in transit through the quarantined area. Prior to leaving the packinghouse, the truck or container must be secured with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated con tainer must remain unopened until it is outside the quarantined area. (v) Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the workday must be kept inside the screened packinghouse. (3) Packinghouse requirements for Hass avocados packed outside a quarantined area but grown within a quarantined area. Hass avocados grown in an or chard within a quarantined area but packed in a packinghouse outside the quarantined area must meet the re quirements of paragraph (d)(2)(iii) of this section. (Approved by the Office of Management and Budget under control numbers 0579–0088 and 0579–0336) [73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75 FR 12962, Mar. 18, 2010; 76 FR 43807, July 22, 2011] VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00031 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 22 7 CFR Ch. III (1–1–17 Edition) § 301.32–5 3 Services of an inspector may be requested by contacting local PPQ offices, which are listed in telephone directories. 4 See footnote 3. § 301.32–5 Issuance and cancellation of certificates and limited permits. (a) A certificate may be issued by an inspector 3 for the interstate movement of a regulated article if the inspector determines that: (1)(i) The regulated article has been treated under the direction of an in spector in accordance with § 301.32–10; or (ii) Based on inspection of the prem ises of origin, the premises are free from fruit flies; or (iii) Based on inspection of the regu lated article, the regulated article is free of fruit flies; or (iv) The regulated articles are Hass variety avocados that have been har vested, safeguarded, and packed in ac cordance with the conditions in § 301.32–4(d); and (2) The regulated article will be moved through the quarantined area in an enclosed vehicle or will be com pletely enclosed by a covering ade quate to prevent access by fruit flies; and (3) The regulated article is to be moved in compliance with any addi tional emergency conditions the Ad ministrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and (4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (b) An inspector 4 will issue a limited permit for the interstate movement of a regulated article if the inspector de termines that: (1) The regulated article is to be moved interstate to a specified destina tion for specified handling, processing, or utilization (the destination and other conditions to be listed in the lim ited permit), and this interstate move ment will not result in the spread of fruit flies because life stages of the fruit flies will be destroyed by the spec ified handling, processing, or utiliza tion; (2) The regulated article is to be moved in compliance with any addi tional emergency conditions the Ad ministrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and (3) The regulated article is eligible for interstate movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (c) Certificates and limited permits for the interstate movement of regu lated articles may be issued by an in spector or person operating under a compliance agreement. A person oper ating under a compliance agreement may issue a certificate for the inter state movement of a regulated article if an inspector has determined that the regulated article is eligible for a cer tificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a lim ited permit in accordance with para graph (b) of this section. (d) Any certificate or limited permit that has been issued may be with drawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all conditions in this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the with drawal and the reasons for the with drawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited per mit has been withdrawn may appeal the decision in writing to the Adminis trator within 10 days after receiving the written notification of the with drawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certifi cate or limited permit was wrongfully withdrawn. As promptly as cir cumstances allow, the Administrator will grant or deny the appeal, in writ ing, stating the reasons for the deci sion. A hearing will be held to resolve any conflict as to any material fact. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 23 Animal and Plant Health Inspection Service, USDA § 301.32–9 5 Compliance agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Emergency and Do mestic Programs, 4700 River Road Unit 134, Riverdale, MD 20737–1236, and from local PPQ offices, which are listed in telephone direc tories. 6 See footnote 3 to § 301.32–5(a). Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579–0088 and 0579–0336) [73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009] § 301.32–6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agree ment when an inspector determines that the person is aware of this sub part, agrees to comply with its provi sions, and agrees to comply with all the provisions contained in the compli ance agreement. 5 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with any of the condi tions of this subpart or with any of the provisions of the compliance agree ment. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writ ing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may ap peal the decision, in writing, within 10 days after receiving written notifica tion of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Adminis trator will grant or deny the appeal, in writing, stating the reasons for the de cision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. § 301.32–7 Assembly and inspection of regulated articles. (a) Any person, other than a person authorized to issue certificates or lim ited permits under § 301.32–5(c), who de sires to move a regulated article inter state accompanied by a certificate or limited permit must notify an inspec tor 6 as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement. (b) The regulated article must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. § 301.32–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated ar ticle; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee’s copy of the accompanying waybill: Provided, however, that if the certificate or lim ited permit is attached to the con signee’s copy of the waybill, the regu lated article must be sufficiently de scribed on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regu lated article must be furnished by the carrier to the consignee listed on the certificate or limited permit upon ar rival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579–0088) § 301.32–9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from in spection and other services provided outside normal business hours. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 24 7 CFR Ch. III (1–1–17 Edition) § 301.32–10 1 Any properly identified employee of the Animal and Plant Health Inspection Service is authorized to stop and inspect persons and means of conveyance, and to seize, quar antine, treat, apply other remedial measures to destroy, or otherwise dispose of regulated articles as provided in sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731). § 301.32–10 Treatments. Regulated articles may be treated in accordance with part 305 of this chap ter to neutralize fruit flies. The fol lowing treatments also may be used for the regulated articles indicated: (a) Soil within the dripline of plants that are producing or have produced reg ulated articles listed § 301.32(a) or (b). The following soil treatments may be used: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the dripline with sufficient water to wet the soil to at least a depth of 0.5 inch. Both immersion and pour-on treatment procedures are also acceptable. (b) Premises. Fields, groves, or areas that are located within a quarantined area but outside the infested core area and that produce regulated articles may receive regular treatments with either malathion or spinosad bait spray as an alternative to treating fruits and vegetables as provided in part 305 of this chapter. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before har vest (but not less than 30 days before harvest) to allow for development of fruit fly egg and larvae. Determination of the time period must be based on the day degrees model for the specific fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 oz of tech nical grade malathion and 9.6 oz of pro tein hydrolysate per acre. The spinosad bait spray treatment must be applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved spinosad formulation and 48 oz of pro tein hydrolysate per acre. For ground applications, the mixture may be di luted with water to improve coverage. [73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010] Subpart—Black Stem Rust SOURCE: 54 FR 32791, Aug. 10, 1989, unless otherwise noted. § 301.38 Notice of quarantine; restric tions on interstate movement of regulated articles. The conterminous 48 States and the District of Columbia are quarantined in order to prevent the spread of black stem rust. No person shall move inter state any regulated article except in accordance with this subpart. 1 [54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001] § 301.38–1 Definitions. In this subpart the following defini tions apply: Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person author ized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculure. Black stem rust. The disease com monly known as the black stem rust of grains (Puccinia graminis). Certificate. A document in which an inspector, or a person operating under a compliance agreement, affirms that a specified regulated article has met the criteria in § 301.38–5(b) of this subpart and may be moved interstate to any destination. Clonally propagated. Reproduced asexually through cuttings, tissue cul ture, suckers, or crown division. For the purposes of this subpart, a Berberis plant will be considered clonally propa gated only if its parent stock is, or was derived from, a seed-propagated black stem rust-resistant plant of more than 2 years’ growth. Compliance agreement. A written agreement between a State that is a protected area or that encompasses a protected area and a person who moves regulated articles interstate, or in a non-protected area between APHIS and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 25 Animal and Plant Health Inspection Service, USDA § 301.38–2 2 Testing is performed by the Agricultural Research Service of USDA as follows: In a greenhouse, the suspect plant, or test sub ject, is placed under a screen with a control plant, i.e., a known rust-susceptible variety of Berberis, Mahoberberis, or Mahonia. In fected wheat stems, a primary host of black stem rust, are placed on top of the screen. The plants are moistened and maintained in 100% humidity, causing the spores to swell and fall on the plants lying under the screen. The plants are then observed for 7 days at 20– 80% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rust susceptible plant shows signs of infection after 7 days and the test plants do not, USDA will declare the test plant variety rust-re sistant. The tests must be performed on new growth, just as the leaves are unfolding. 3 Permit and other requirements for the insterstate movement of black stem rust or ganisms are contained in part 330 of this chapter. such person, in which that person agrees to comply with this subpart. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate move ment of the regulated article identified on the document is for scientific or ex perimental purposes, and that the reg ulated article is eligible for interstate movement under the conditions speci fied on the Departmental permit and found by the Administrator to be ade quate to prevent the introduction of rust-susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia into protected areas. Inspector. Any APHIS employee or other person authorized by the Admin istrator in accordance with law to en force this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued by an inspector to allow the interstate movement into or through a protected area of regulated articles not eligible for certification under this subpart to a specified destination outside the pro tected area. Moved (movement, move). Shipped, of fered to a common carrier for ship ment, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved. ‘‘Movement’’ and ‘‘move’’ shall be construed in accordance with this definition. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Protected area. Those States or coun ties designated in § 301.38–3(d) of this subpart. Rust-resistant plants. All plants of the genera Berberis, Mahoberberis, and Mahonia, and their progeny, that have proven resistant to black stem rust during testing by the United States De partment of Agriculture, 2 and that are listed as rust-resistant under § 301.38–2 (a)(1) and (a)(2). Rust-susceptible plants. All plants of the genera Berberis, Mahoberberis, and Mahonia not listed as rust-resistant under § 301.38–2 (a)(1) and (a)(2). Regulated article. Any article listed in § 301.38–2 (a)(1) through (a)(3) of this subpart or otherwise designated as a regulated article in accordance with § 301.38–2(a)(4) of this subpart. Seedling. Any plant of the genera Berberis, Mahoberberis, and Mahonia grown from seed and having less than 2 years’ growth. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory or possession of the United States. Two years’ growth. The growth of a plant during all growing seasons of 2 successive calendar years. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178, Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006] § 301.38–2 Regulated articles. (a) The following are regulated arti cles: 3 (1) All plants, seeds, fruits, and other plant parts capable of propagation from the following rust-resistant Berberis species and varieties. B. aggregata × B. wilsoniae ‘Pirate King’ B. ‘Amstelveen’ B. aridocalida B. beaniana B. buxifolia B. buxifolia nana B. calliantha B. candidula B. candidula ‘Amstelveen’ B. candidula × B. verruculosa ‘Amstelveen’ VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 26 7 CFR Ch. III (1–1–17 Edition) § 301.38–2 B. cavallieri B. chenaulti B. chanaulti ‘Apricot Queen’ B. circumserrata B. concinna B. coxii B. darwini B. dasystachya B. dubia B. feddeana B. formosana B. franchetiana B. gagnepainii B. gagnepaini ‘Chenault’ B. gilgiana B. gladwynensis B. gladwynensis ‘William Penn’ B. gyalaica B. heterophylla B. horvathi B. hybrido-gagnepaini B. insignis B. integerrima ‘Wallichs Purple’ B. julianae B. julianae ‘Nana’ B. julianae ‘Spring Glory’ B. koreana B. koreana × B. thunbergii hybrid Bailsel B. koreana × B. thunbergii hybrid Tara B. lempergiana B. lepidifolia B. linearifolia B. linearifolia var. ‘Orange King’ B. lologensis B. lologensis ‘Mystery Fire’ B. manipurana B. media ‘Dual Jewel’ B. media ‘Park Jewel’ B. media ‘Red Jewel’ B. mentorensis B. pallens B. poirettii ‘BJG 073’, ‘MTA’ B. potanini B. Renton B. replicata B. sanguinea B. sargentiana B. sikkimensis B. soulieana ‘Claret Cascade’ B. stenophylla B. stenophylla diversifolia B. stenophylla gracilis B. stenophylla irwini B. stenophylla nana compacta B. taliensis B. telomaica artisepala B. thunbergii B. thunbergii ‘Ada’ B. thunbergii ‘Admiration’ B. thunbergii ‘Amera’ B. thunbergii ‘Antares’ B. thunbergii argenteo marginata B. thunbergii ‘Arlene’ B. thunbergii atropurpurea B. thunbergii atropurpurea erecta B. thunbergii atropurpurea erecta Marshalli B. thunbergii atropurpurea ‘Golden Ring’ B. thunbergii atropurpurea ‘Inter media’ B. thunbergii atropurpurea ‘Knight Burgundy’ B. thunbergii atropurpurea ‘Moretti Select’ B. thunbergii atropurpurea nana B. thunbergii atropurpurea ‘Redbird’ B. thunbergii atropurpurea ‘Rose Glow’ B. thunbergii aurea B. thunbergii ‘Aurea Nana’ B. thunbergii ‘Bagatelle’ B. thunbergii ‘BailAnna’ Moscato B. thunbergii ‘BailElla’ Lambrusco B. thunbergii ‘BailErin’ Limoncello B. thunbergii ‘Bailgreen’ (Jade Car ousel TM) B. thunbergii ‘BailJulia’ Toscana B. thunbergii ‘Bailone’ B. thunbergii ‘Bailone’ (Ruby Car ousel ®) B. thunbergii ‘Bailtwo’ B. thunbergii ‘Bailtwo’ (Burgundy Carousel ®) B. thunbergii ‘Benita’ B. thunbergii ‘Bonanza Gold’ B. thunbergii ‘Breval 8’ B. thunbergii ‘Celeste’ B. thunbergii ‘Chloe’ B. thunbergii ‘Concorde’ B. thunbergii ‘Crimson Ruby’ B. thunbergii ‘Crimson Pygmy’ B. thunbergii ‘Criruzam’ Crimson Ruby TM B. thunbergii ‘Daybreak’ B. thunbergii ‘Della’ B. thunbergii ‘Dwarf Jewell’ B. thunbergii ‘Edda’ B. thunbergii erecta B. thunbergii ‘Fay’ B. thunbergii ‘Fireball’ B. thunbergii ‘Gail’ B. thunbergii ‘globe’ B. thunbergii ‘golden’ B. thunbergii ‘Golden Carpet’ B. thunbergii ‘Golden Devine’ B. thunbergii ‘Golden Pygmy’ VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 27 Animal and Plant Health Inspection Service, USDA § 301.38–2 B. thunbergii ‘Golden Rocket’ B. thunbergii ‘Golden Ruby’ B. thunbergii ‘Golden Torch’ B. thunbergii ‘Green Carpet’ B. thunbergii ‘Grhozam’ (Green Hor net TM) B. thunbergii ‘Harlequin’ B. thunbergii ‘Helen’ B. thunbergii ‘Helmond Pillar’ B. thunbergii ‘Joyce’ B. thunbergii ‘Kasia’ B. thunbergii ‘Kobold’ B. thunbergii ‘Koren’ B. thunbergii ‘Lime Glow’ B. thunbergii ‘Lotty’ B. thunbergii ‘Lustre Green’ B. thunbergii ‘Maria’ B. thunbergii ‘Martha’ B. thunbergii maximowiczi B. thunbergii ‘Midruzam’ Midnight Ruby TM B. thunbergii ‘Mimi’ B. thunbergii minor B. thunbergii ‘Monlers’ B. thunbergii ‘Monomb’ B. thunbergii ‘Monry’ B. thunbergii ‘NCBT1’ B. thunbergii ‘O’Byrne’ B. thunbergii ‘Orange Rocket’ B. thunbergii ‘Painter’s Palette’ B. thunbergii ‘Phoebe’ B. thunbergii ‘Pink Queen’ B. thunbergii pluriflora B. thunbergii ‘Pow Wow’ B. thunbergii ‘Pyruzam’ (Pygmy Ruby TM) B. thunbergii ‘Red Carpet’ B. thunbergii ‘Red Rocket’ B. thunbergii ‘Rosy Rocket’ B. thunbergii ‘Royal Burgundy’ B. thunbergii ‘Royal Cloak’ B. thunbergii ‘Ruth’ B. thunbergii ‘Sparkle’ B. thunbergii ‘Sparkler’ B. thunbergii ‘Talago’ B. thunbergii ‘Thornless’ B. thunbergii ‘Tiny Gold’ B. thunbergii ‘24kagozam’ (24 Karat Gold TM) B. thunbergii ‘Upright Jewell’ B. thunbergii ‘Velglozam’ (Velvet Glow TM) B. thunbergii variegata B. thunbergii xanthocarpa B. thunbergii x calliantha ‘NCBX3’ B. thunbergii x media ‘NCBX1’ B. thunbergii x media ‘NCBX2’ B. thunbergii × ‘Bailsel’ (Golden Car ousel ®) B. thunbergii × ‘Tara’ (Emerald Car ousel ®) B. triacanthophora B. triculosa B. verruculosa B. virgatorum B. workingensis B. xanthoxylon B. × carminea ‘Pirate King’ B. × frikartii ‘Amstelveen’ (2) All plants, seedlings, seeds, fruits, and other plant parts capable of propa gation from the following rust-resist ant Mahoberberis and Mahonia species and varieties, except Mahonia cuttings for decorative purposes: (i) Genus Mahoberberis: M. aqui-candidula M. aquifolium ‘Smaragd’ M. aqui-sargentiae M. miethkeana M. × ‘Magic’ (ii) Genus Mahonia: M. amplectens M. aquifolium M. aquifolium atropurpurea M. aquifolium compacta M. aquifolium compacta ‘John Muir’ M. aquifolium ‘Donewell’ M. aquifolium ‘Kings Ransom’ M. aquifolium ‘Orangee Flame’ M. aquifolium ‘Undulata’ M. aquifolium ‘Winter Sun’ M. ‘Arthur Menzies’ M. bealei M. ‘Bokasio’ Sioux M. ‘Bokrafoot’ Blackfoot M. dictyota M. fortunei M. ‘Golden Abundance’ M. japonica M. japonica × M. lomariifolia ‘Charity’ M. lomarifolia M. nervosa M. pinnata M. pinnata ‘Ken Hartman’ M. piperiana M. pumila M. repens M. × media ‘Charity’ M. × media ‘Lionel Fortescue’ M. × media ‘Winter Sun’ (3) All plants, seeds, fruits, and other plant parts capable of propagation from rust-susceptible species and vari eties of the genera Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for decorative pur poses. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 28 7 CFR Ch. III (1–1–17 Edition) § 301.38–3 4 Persons performing the inspections must be able to recognize rust-susceptible vari eties of Berberis, Mahoberberis, and Mahonia. Inspectors must work side by side, 10 to 20 feet apart, and walk outward away from the property a distance of one-half mile meas ured from the edge of the property, and ob serve all plants growing in the half-mile band. The distance between the inspectors may vary within this range, depending upon the visibility of the plant growth. In areas with low brush and flat terrain, the inspec tors may be the maximum distance of 20 feet apart if they can observe all plants growing within 10 feet of them. In areas of high plant growth or hilly terrain, the inspectors must be closer together due to limited or ob structed visibility. Inspectors must observe all plants growing between themselves and (4) Any other product or article not listed in paragraphs (a)(1) through (a)(3) of this section that an inspector determines presents a risk of spread of black stem rust. The inspector must notify the person in possession of the product or article that it is subject to the provisions of this subpart. (b) A person may request that an ad ditional rust-resistant variety be added to paragraph (a)(1) or (a)(2) of this sec tion. The person requesting that a rust-resistant variety be added to para graph (a)(1) or (a)(2) of this section must provide APHIS with a description of the variety, including a written de scription and color pictures that can be used by an inspector to clearly identify the variety and distinguish it from other varities. (Approved by the Office of Management and Budget under control number 0579–0186) [67 FR 8179, Feb. 22, 2002, as amended at 71 FR 5778, Feb. 3, 2006; 72 FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007; 75 FR 29193, May 25, 2010; 75 FR 54462, Sept. 8, 2010; 78 FR 27856, May 13, 2013; 81 FR 3702, Jan. 22, 2016] § 301.38–3 Protected areas. (a) The Administrator may designate as a protected area in paragraph (d) of this section any State that has eradi cated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia under the cooperative Fed eral-State eradication program. In ad dition, the State must employ per sonnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38–5, and main tain and enforce an inspection program under which every plant nursery with in the State is inspected at least once each year to ensure that they are free of rust-susceptible plants. During the requisite nursery inspections, all nurs ery stock shall be examined to deter mine that it consists only of rust-re sistant varieties of the genera Berberis, Mahoberberis, and Mahonia, and that the plants are true to type. Plants that do not meet this criteria must be de stroyed. (b) The Administrator may designate as a protected area any county within a State, rather than the entire State, if areas within the State have eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia under the cooperative Federal-State program, and; (1) The State employs personnel with responsibility for the issuance and withdrawal of certificates in accord ance with § 301.38–5; (2) The State is enforcing restrictions on the intrastate movement of the reg ulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated arti cles, as determined by the Adminis trator; and (3) The State maintains and enforces an inspection program under which every plant nursery within the county is inspected at least once each year to ensure that plant nurseries within that area are free of rust-susceptible plants of the genera Berberis, Mahoberberis, and Mahonia. During the requisite nursery inspections, all nursery stock shall be examined to determine that it consists only of rust-resistant varieties of the genera Berberis, Mahoberberis, and Mahonia, and that the plants are true to type. Plants that do not meet this criteria must be destroyed. (c) All seed used to propagate plants of the genera Berberis, Mahoberberis, and Mahonia in protected areas, and all seed used to propagate plants of the genera Berberis, Mahoberberis, and Mahonia that are certified as rust-re sistant for interstate movement into protected areas, must be produced at properties where a State inspector has verified that no wild or domesticated rust-susceptible plants are growing at or within one-half mile of the prop erty. 4 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 29 Animal and Plant Health Inspection Service, USDA § 301.38–4 the mid-point of the distance between them selves and the next inspector. This process must be repeated so that the entire band, measured from the border of the property to the circumference of an imaginary circle having the property as its mid-point, is vis ually inspected in this manner. (d) The following are designated as protected areas: (1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Pennsylvania, South Da kota, West Virginia, Wisconsin, and Wyoming. (2) The following counties in the State of Washington: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, Yakima. (e) Each State that is a protected area or that encompasses a protected area must submit annually to the Ad ministrator a written statement, signed by an inspector, assuring APHIS that all nursery inspections have been performed in accordance with this sec tion. The statement must be submitted by January 1st of each year, and must include a list of the nurseries inspected and found free of rust-susceptible plants. (f) The Administrator may remove a protected area from the list of des ignated protected areas in paragraph (d) of this section if he or she deter mines that it no longer meets the cri teria of paragraph (a) or (b)(1) through (3) of this section. A hearing will be held to resolve any conflict as to any material fact. Rules of practice for the hearing shall be adopted by the Admin istrator. [54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 57 FR 3118, Jan. 28, 1992; 71 FR 5778, Feb. 3, 2006] § 301.38–4 Interstate movement of reg ulated articles. (a) Non-protected areas. Interstate movement of regulated articles into or through any State or area that is not designated as a protected area under § 301.38–3(d) is allowed without restric tion under this subpart. (b) Protected areas—(1) Prohibited movement. The following regulated arti cles are prohibited from moving inter state into or through any protected area: (i) All rust-susceptible Berberis, Mahoberberis, and Mahonia plants, seeds, fruits, and other plant parts ca pable of propagation, except Mahonia cuttings for decorative purposes. (ii) All seed-propagated plants of the Berberis species and varieties des ignated as rust-resistant in § 301.38– 2(a)(1) of this subpart that are of less than 2 years’ growth, and any seeds, fruits, and other plant parts capable of propagation from such plants. (2) Restricted movement. The following regulated articles may be moved inter state into or through a protected area with a certificate issued and attached in accordance with §§ 301.38–5 and 301.38–7 of this subpart: (i) Seed-propagated plants of at least 2 years’ growth, clonally propagated plants of any age, seeds, fruits, and other plant parts capable of propaga tion of the Berberis species and vari eties designated as rust-resistant in § 301.38–2(a)(1) of this subpart; (ii) Plants, seeds, fruits, and other plant parts capable of propagation of the Mahoberberis and Mahonia species and varieties designated as rust-resist ant in § 301.38–2(a)(2) of this subpart. (c) An inspector may issue a limited permit to allow a regulated article not eligible for certification under § 301.38– 4(b)(2) to move interstate into or through a protected area to a specified destination that is stated in the permit and is outside the protected area, if the requirements of all other applicable Federal domestic plant quarantines are met. A regulated article moved inter state under a limited permit must be placed in a closed sealed container that prevents unauthorized removal of the regulated article, and that remains sealed until the regulated article reaches the final destination stated in the permit. At the final destination, the sealed container must be opened only in the presence of an inspector or with the authorization of an inspector obtained expressly for that shipment. (d) The United States Department of Agriculture may move any regulated article interstate into or through a protected area in accordance with the conditions determined necessary to VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 30 7 CFR Ch. III (1–1–17 Edition) § 301.38–5 5 Services of an inspector may be requested by contacting a local APHIS office (listed in telephone directories under Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine). The ad dresses and telephone numbers of local of fices may also be obtained by writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 6 In non-protected areas, compliance agree ments may be arranged by contacting a local office of the Animal and Plant Health In spection Service (APHIS), Plant Protection and Quarantine, or by writing to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. prevent the introduction or spread of black stem rust in protected areas, as specified in a Departmental permit issued for this purpose. [54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006] § 301.38–5 Assembly and inspection of regulated articles: issuance and cancellation of certificates. (a) Any person, other than a person authorized to issue certificates under paragraph (c) of this section, who de sires to move interstate a regulated ar ticle that must be accompanied by a certificate under § 301.38–4(b), shall, as far in advance of the desired interstate movement as possible (and no less than 48 hours before the desired interstate movement), request an inspector 5 to issue a certificate. To expedite the issuance of a certificate, an inspector may direct that the regulated articles be assembled in a manner that facili tates inspection. (b) An inspector may issue a certifi cate for the interstate movement of a regulated article if he or she: (1) Determines, upon examination, that the regulated article may be moved interstate in accordance with this subpart; and (2) Determines that the regulated ar ticle may be moved interstate in ac cordance with all other Federal domes tic plant quarantines and regulations applicable to the regulated article. (c) Certificates for interstate move ment of regulated articles may be issued by an inspector to a person oper ating under a compliance agreement for use with subsequent shipments of regulated articles to facilitate their movement. A person operating under a compliance agreement must make the determinations set forth in paragraph (b) of this section before shipping any regulated articles. (d) Any certificate that has been issued may be withdrawn by an inspec tor, orally or in writing, if he or she de termines that the holder of the certifi cate has not complied with the condi tions of this subpart for the use of the certificate. If the withdrawal is oral, the inspector will confirm the with drawal and the reasons for the with drawal, in writing, within 20 days of oral notification of the withdrawal. Any person whose certificate has been withdrawn may appeal the decision, in writing within 10 days after receiving written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person re lies to show that the certificate was wrongfully withdrawn. A hearing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The certifi cate will remain withdrawn pending de cision of the appeal. [54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 67 FR 8180, Feb. 22, 2002] § 301.38–6 Compliance agreements and cancellation. (a) Any State may enter into a writ ten compliance agreement with any person who grows or handles regulated articles in a protected area, or moves interstate regulated articles from a protected area, under which that per son agrees to comply with this subpart, to provide inspectors with information concerning the source of any regulated articles acquired each year, and to pre vent the unauthorized use of certifi cates issued for future use under the compliance agreement. 6 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 31 Animal and Plant Health Inspection Service, USDA § 301.45–1 (b) A compliance agreement may be cancelled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this sub part. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed, in writ ing, within 20 days of oral notification of the cancellation. Any person whose compliance agreement has been can celled may appeal the decision, in writ ing, within 10 days after receiving writ ten notification of the cancellation. The appeal must state all of the facts and reasons upon which the person re lies to show that the compliance agree ment was wrongfully cancelled. A hear ing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The compli ance agreement will remain cancelled pending decision of the appeal. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994] § 301.38–7 Attachment and disposition of certificates. (a) The certificate required for the interstate movement of a regulated ar ticle must, at all times during the interstate movement, be attached to the outside of the container containing the regulated article except as follows: (1) The certificate may be attached to the regulated article itself if it is not in container; or (2) The certificate may be attached to the accompanying waybill or other shipping document if the regulated ar ticle is identified and described on the certificate or waybill. (b) The carrier must furnish the cer tificate to the consignee at the destina tion of the regulated article. § 301.38–8 Costs and charges. The services of an inspector 4 during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without cost to persons requiring the services. The United States Department of Agriculture will not be responsible for any other costs or charges. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989] Subpart—Gypsy Moth SOURCE: 58 FR 39423, July 23, 1993, unless otherwise noted. § 301.45 Notice of quarantine; restric tion on interstate movement of specified regulated articles. (a) Notice of quarantine. Pursuant to the provisions of , sections 411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby quarantines the States of Connecticut, Delaware, District of Columbia, Illi nois, Indiana, Maine, Maryland, Massa chusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and Wisconsin in order to prevent the spread of the gypsy moth, Lymantria dispar (Linnaeus), a dangerous insect injurious to forests and shade trees and not theretofore widely prevalent or dis tributed within or throughout the United States; and establishes regula tions governing the interstate move ment from generally infested areas of the quarantined States of regulated ar ticles and outdoor household articles defined in § 301.45–1. (b) Restrictions on the interstate move ment of regulated articles and outdoor household articles. No common carrier or other person may move interstate from any generally infested area any regulated article or outdoor household article except in accordance with the conditions prescribed in this subpart. [58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 FR 38280, July 16, 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 17, 2001] § 301.45–1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 32 7 CFR Ch. III (1–1–17 Edition) § 301.45–1 used in this subpart, shall be con strued, respectively, to mean: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the U.S. Depart ment of Agriculture (APHIS). Associated equipment. Articles associ ated and moved with mobile homes and recreational vehicles, such as, but not limited to, awnings, tents, outdoor fur niture, trailer blocks, and trailer skirts. Bark. The tough outer covering of the woody stems of trees, shrubs, and other woody plants as distinguished from the cambium and inner wood. Bark products. Products containing pieces of bark including bark chips, bark nuggets, bark mulch, and bark compost. Certificate. A Plant Protection and Quarantine-approved form, stamp, or document issued and signed by an in spector, or by a qualified certified ap plicator or by any other person oper ating in accordance with a compliance agreement, affirming that a specified regulated article is eligible for inter state movement in accordance with this subpart. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the pro visions of this subpart. Effectively diminishing. An eradication program is considered to be effectively diminishing the gypsy moth population of an area if the results of two succes sive annual Federal or State delimiting trapping surveys of the area conducted in accordance with Section II, ‘‘Survey Procedures—Gypsy Moth,’’ of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap in the second delimiting survey (when comparable geographical areas and trapping den sities are used) is: (1) Less than 10, and (2) less than the average number of gypsy moths caught per trap in the first survey. Eradication program. A program that uses pesticide application, biological controls, or other methods with the goal of eliminating gypsy moth from a particular area. General infestation. (1) The detection of gypsy moth egg masses through vis ual inspection by an inspector during a 10-minute walk through the area; how ever, it does not include the presence of gypsy moth egg masses which are found as a result of hitchhiking on transitory means of conveyance; or (2) The detection of gypsy moth through multiple catches of adult gypsy moths at multiple trapping loca tions in the area over a period of 2 or more consecutive years, if the Admin istrator determines, after consulting with the State plant regulatory offi cial, that gypsy moth is established in the area. Generally infested area. Any State, or portion thereof, listed as a generally infested area in § 301.45–3 or tempo rarily designated as a generally in fested area in accordance with § 301.45– 2(c). Gypsy moth. The live insect known as the gypsy moth, Lymantria dispar (Lin naeus), in any life stage (egg, larva, pupa, adult). Inspector. Any employee of APHIS, a State government, or any other person, authorized by the Administrator in ac cordance with law to enforce the provi sions of the quarantine and regulations in this subpart. A person operating under a compliance agreement is not an inspector. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or a person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.45–5 only to the specified destination and only in accordance with the specified conditions. Mobile home. Any vehicle, other than a recreational vehicle, designed to serve, when parked, as a dwelling or place of business. Move (movement, moved). Shipped, of fered for shipment to a common car rier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 33 Animal and Plant Health Inspection Service, USDA § 301.45–2 1 Names of qualified certified applicators may be obtained from State departments of agriculture. 2 The Gypsy Moth Program Manual may be viewed on the Internet at http:// www.aphis.usda.gov/importlexport/plants/ manuals/domestic/downloads/gypsylmoth.pdf. to be moved by any means. ‘‘Move ment’’ and ‘‘moved’’ shall be construed in accordance with this definition. OHA document. The self-inspection checklist portion of USDA–APHIS Pro gram Aid Number 2065, ‘‘Don’t Move Gypsy Moth,’’ completed and signed by the owner of an outdoor household ar ticle (OHA) affirming that the owner has inspected the OHA for life stages of gypsy moth in accordance with the procedures in the program aid. Outdoor household articles. Articles associated with a household that have been kept outside the home such as awnings, barbecue grills, bicycles, boats, dog houses, firewood, garden tools, hauling trailers, outdoor fur niture and toys, recreational vehicles and associated equipment, and tents. Person. Any individual, partnership, corporation, company, society, associa tion, or other organized group. Qualified certified applicator. Any indi vidual (1) certified pursuant to the Fed eral Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136i) as a certified commercial applicator in a category allowing use of the re stricted use pesticides Spray N Kill (EPA Registration No. 8730–30), Ficam W (EPA Registration No. 45639–1), and acephate (Orthene ®); (2) who has at tended and completed a workshop ap proved by the Administrator on the identification and treatment of gypsy moth life stages on outdoor household articles and mobile homes; and (3) who has entered into a compliance agree ment in accordance with § 301.45–6 of this part for the purpose of inspecting, treating, and issuing certificates for the movement of outdoor household ar ticles and mobile homes. 1 Recreational vehicles. Highway vehi cles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as tem porary places of dwelling. Regulated articles. (1) Trees without roots (e.g., Christmas trees), trees with roots, and shrubs with roots and per sistent woody stems, unless they are greenhouse grown throughout the year. (2) Logs, pulpwood, and bark and bark products. (3) Mobile homes and associated equipment. (4) Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such ar ticles and the articles present a high risk of artificial spread of gypsy moth infestation and the person in posses sion thereof has been so notified. State. Any State, Territory, or Dis trict of the United States including Puerto Rico. Treatment manual. The provisions currently contained in the Gypsy Moth Program Manual. 2 Under the direction of. Monitoring treatments to assure compliance with the requirements in this subpart. Under the direct supervision of a quali fied certified applicator. An inspection or treatment is considered to be applied under the direct supervision of a quali fied certified applicator if the inspec tion or treatment is performed by a person acting under the instructions of a qualified certified applicator who is available if and when needed, even though such qualified certified appli cator is not physically present at the time and place the inspection or treat ment occurred. [58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007; 78 FR 24666, Apr. 26, 2013] § 301.45–2 Authorization to designate and terminate designation of gen erally infested areas. (a) Generally infested areas. The Ad ministrator shall list as generally in fested areas in § 301.45–3 each State or each portion thereof in which a gypsy moth general infestation has been found by an inspector, or each portion of a State which the Administrator deems necessary to regulate because of its proximity to infestation or its in separability for quarantine enforce ment purposes from infested localities; VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 34 7 CFR Ch. III (1–1–17 Edition) § 301.45–3 Except that, an area shall not be listed as a generally infested area if the Ad ministrator has determined that: (1) The area is subject to a gypsy moth eradication program conducted by the Federal government or a State government in accordance with the Eradication, Suppression, and Slow the Spread alternative of the Final Envi ronmental Impact Statement (FEIS) on Gypsy Moth Suppression and Eradi cation Projects that was filed with the United States Environmental Protec tion Agency on January 16, 1996; and, (2) State or Federal delimiting trap ping surveys conducted in accordance with Section II, ‘‘Survey Procedures— Gypsy Moth’’ of the Gypsy Moth Treat ment 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 pro gram is effectively diminishing the gypsy moth population of the area. (b) Less than an entire State will be designated as a generally infested area only if the Administrator has deter mined that: (1) The State has adopted and is en forcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and, (2) The designation of less than the entire State as a generally infested area will be adequate to prevent the ar tificial interstate spread of infesta tions of the gypsy moth. (c) Temporary designation of areas as generally infested areas. The Adminis trator or an inspector may temporarily designate any area in any State as a generally infested area in accordance with the criteria specified in paragraph (a) of this section. An inspector will give written notice of the designation to the owner or person in possession of the area and thereafter, the interstate movement of any regulated article from such areas is subject to the appli cable provisions of this subpart. As soon as practicable, each generally in fested area will be added to the list in § 301.45–3 or the designation will be ter minated by the Administrator or an authorized inspector, and notice there of shall be given to the owner or person in possession of the areas. (d) Termination of designation as a generally infested area. The Adminis trator shall terminate the designation of any area as a generally infested area whenever the Administrator deter mines that the area no longer requires designation under the criteria specified in paragraph (a) of this section. [58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007] § 301.45–3 Generally infested areas. (a) The areas described below are des ignated as generally infested areas: CONNECTICUT The entire State. DELAWARE The entire State. DISTRICT OF COLUMBIA The entire district. ILLINOIS Cook County. The entire county. Du Page County. The entire county. Lake County. The entire county. McHenry County. The entire county. INDIANA Allen County. The entire county. De Kalb County. The entire county. Elkhart County. The entire county. LaGrange County. The entire county. LaPorte County. The entire county. Noble County. The entire county. Porter County. The entire county. St. Joseph County. The entire county. Steuben County. The entire county. MAINE Androscoggin County. The entire coun ty. Aroostook County. The townships of Amity, Bancroft, Benedicta, Cary Plantation, Crystal, Dyer Brook, Forkstown, Glenwood Plantation, Haynesville, Hodgdon, Houlton, Is land Falls, Linneus, Macwahoc Plan tation, Molunkus, New Limerick, North Yarmouth Academy Grant, Oakfield, Orient, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston, T1 R5 WELS, T2 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 35 Animal and Plant Health Inspection Service, USDA § 301.45–3 R4 WELS, T3 R3 WELS, T3 R4 WELS, T4 R3 WELS, and TA R2 WELS. Cumberland County. The entire county. Franklin County. Avon, Carthage, Chesterville, Coplin Plantation, Crockertown, Dallas Plantation, Davis, Eustis, Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Lang, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins, Phil lips, Rangeley, Rangeley Plantation, Redington, Salem, Sandy River Plan tation, Strong, Temple, Township 6 North of Weld, Township D, Township E, Washington, Weld, Wilton, and Wyman. Hancock County. The entire county. Kennebec County. The entire county. Knox County. The entire county. Lincoln County. The entire county. Oxford County. The townships of Adamstown, Albany, Andover, Andover North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, Upton, Waterford, Woodstock, C, and C Surplus. Penobscot County. The townships of Alton, Argyle, Bangor City, Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, Charles ton, Chester, Clifton, Corinna, Cor inth, Dexter, Dixmont, Drew Planta tion, E. Millinocket, Eddington, Ed inburg, Enfield, Etna, Exeter, Gar land, Glenburn, Grand Falls Planta tion, Greenbush, Greenfield, Grind stone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, Howland, Hudson, Indian Pur chase, Kenduskeag, Kingman, La grange, Lakeville, Lee, Levant, Lin coln, Long A, Lowell, Mattamiscontis, Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Mount Chase, New burgh, Newport, Old Town City, Orono, Orrington, Passadumkeag, Patten, Plymouth, Prentiss Planta tion, Seboeis Plantation, Soldiertown, Springfield, Stacyville, Stetson, Summit, Veazie, Veazie Gore, Webster Plantation, Winn, Woodville, T1 ND, T1 R6 WELS, T1 R8 WELS, T2 R8 NWP, T2 R8 WELS, T2 R9 NWP, T3 R1 NBPP, T3 R9 NWP, T5 R1 NBPP, T5 R8 WELS, T6 R8 WELS, TA R7, TA R8, TA R9, and the por tion of T3 R8 within the boundaries of Baxter State Park. Piscataquis County. The townships of Abbot, Atkinson, Barnard, Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Elliotsville, Green ville, Guilford, Katahdin Iron Works, Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, Mount Katahdin, Nesourdnahunk, Orneville, Parkman, Sangerville, Sebec, Shirley, Trout Brook, Wel lington, Williamsburg, Willimantic, T1 R9 WELS, T1 R10 WELS, T1 R11 WELS, T2 R10 WELS, T2 R9 WELS, T3 R10 WELS, T4 R9 NWP, T4 R9 WELS, T5 R9 NWP, T5 R9 WELS, T6 R10 WELS, T7 R9 NWP, TA R10 WELS, TA R11 WELS, TB R10 WELS, TB R11 WELS, and the portion of T4 R10 WELS within the boundaries of Baxter State Park. Sagadahoc County. The entire county. Somerset County. The townships of Anson, Athens, Bald Mountain, Bigelow, Bingham, Bowtown, Brigh ton Plantation, Cambridge, Canaan, Caratunk, Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead River, Detroit, East Moxie, Embden, Fairfield, Harmony, Hartland, Highland Plantation, Lex ington Plantation, Lower Enchanted, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, Pierce Pond, Pittsfield, Pleasant Ridge Planta tion, Ripley, Skowhegan, Smithfield, Solon, St. Albans, Starks, The Forks Plantation, West Forks Plantation, and T3 R4 BKP WKR. Waldo County. The entire county. Washington County. The entire county. York County. The entire county. MARYLAND The entire State. MASSACHUSETTS The entire State. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 36 7 CFR Ch. III (1–1–17 Edition) § 301.45–3 MICHIGAN The entire State. MINNESOTA Cook County. The entire county. Lake County. The entire county. NEW HAMPSHIRE The entire State. NEW JERSEY The entire State. NEW YORK The entire State. NORTH CAROLINA Currituck County. The entire county. Dare County. The area bounded by a line beginning at the intersection of State Road 1208 and Roanoke Sound; then easterly along this road to its junction with State Road 1206; then southerly along this road to its inter section with U.S. Highway Business 158; then easterly along an imaginary line to its intersection with the Atlan tic Ocean; then northwesterly along the coastline to its intersection with the Dare-Currituck County line; then westerly along this county line to its intersection with the Currituck Sound; then southeasterly along this sound to the point of beginning. OHIO Ashland County. The entire county. Ashtabula County. The entire county. Athens County. The entire county. Belmont County. The entire county. Carroll County. The entire county. Columbiana County. The entire county. Coshocton County. The entire county. Crawford County. The entire county. Cuyahoga County. The entire county. Defiance County. The entire county. Delaware County. The entire county. Erie County. The entire county. Fairfield County. The entire county. Franklin County. The entire county. Fulton County. The entire county. Geauga County. The entire county. Guernsey County. The entire county. Harrison County. The entire county. Henry County. The entire county. Hocking County. The entire county. Holmes County. The entire county. Huron County. The entire county. Jefferson County. The entire county. Knox County. The entire county. Lake County. The entire county. Licking County. The entire county. Lorain County. The entire county. Lucas County. The entire county. Mahoning County. The entire county. Marion County. The entire county. Medina County. The entire county. Monroe County. The entire county. Morgan County. The entire county. Morrow County. The entire county. Muskingum County. The entire county. Noble County. The entire county. Ottawa County. The entire county. Perry County. The entire county. Portage County. The entire county. Richland County. The entire county. Sandusky County. The entire county. Seneca County. The entire county. Stark County. The entire county. Summit County. The entire county. Trumbull County. The entire county. Tuscarawas County. The entire county. Vinton County. The entire county. Washington County. The entire county. Wayne County. The entire county. Williams County. The entire county. Wood County. The entire county. PENNSYLVANIA The entire State. RHODE ISLAND The entire State. VERMONT The entire State. VIRGINIA City of Alexandria. The entire city. City of Bedford. The entire city. City of Buena Vista. The entire city. City of Charlottesville. The entire city. City of Chesapeake. The entire city. City of Colonial Heights. The entire city. City of Covington. The entire city. City of Danville. The entire city. City of Emporia. The entire city. City of Fairfax. The entire city. City of Falls Church. The entire city. City of Franklin. The entire city. City of Fredericksburg. The entire city. City of Hampton. The entire city. City of Harrisonburg. The entire city. City of Hopewell. The entire city. City of Lexington. The entire city. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 37 Animal and Plant Health Inspection Service, USDA § 301.45–3 City of Lynchburg. The entire city. City of Manassas. The entire city. City of Manassas Park. The entire city. City of Newport News. The entire city. City of Norfolk. The entire city. City of Petersburg. The entire city. City of Poquoson. The entire city. City of Portsmouth. The entire city. City of Radford. The entire city. City of Richmond. The entire city. City of Roanoke. The entire city. City of Salem. The entire city. City of South Boston. The entire city. City of Staunton. The entire city. City of Suffolk. The entire city. City of Virginia Beach. The entire city. City of Waynesboro. The entire city. City of Williamsburg. The entire city. City of Winchester. The entire city. Accomack County. The entire county. Albemarle County. The entire county. Alleghany County. The entire county. Amelia County. The entire county. Amherst County. The entire county. Appomattox County. The entire county. Arlington County. The entire county. Augusta County. The entire county. Bath County. The entire county. Bedford County. The entire county. Bland County. The entire county. Botetourt County. The entire county. Brunswick County. The entire county. Buckingham County. The entire county. Campbell County. The entire county. Caroline County. The entire county. Charles City County. The entire county. Charlotte County. The entire county. Chesterfield County. The entire county. Clarke County. The entire county. Craig County. The entire county. Culpeper County. The entire county. Cumberland County. The entire county. Dinwiddie County. The entire county. Essex County. The entire county. Fairfax County. The entire county. Fauquier County. The entire county. Floyd County. The entire county. Fluvanna County. The entire county. Franklin County. The entire county. Frederick County. The entire county. Giles County. The entire county. Gloucester County. The entire county. Goochland County. The entire county. Greene County. The entire county. Greensville County. The entire county. Halifax County The entire county. Hanover County. The entire county. Henrico County. The entire county. Highland County. The entire county. Isle of Wight County. The entire county. James City County. The entire county. King and Queen County. The entire county. King George County. The entire county. King William County. The entire coun ty. Lancaster County. The entire county. Loudoun County. The entire county. Louisa County. The entire county. Lunenburg County. The entire county. Madison County. The entire county. Mathews County. The entire county. Mecklenburg County The entire county. Middlesex County. The entire county. Montgomery County. The entire county. Nelson County. The entire county. New Kent County. The entire county. Northampton County. The entire coun ty. Northumberland County. The entire county. Nottoway County. The entire county. Orange County. The entire county. Page County. The entire county. Pittsylvania County. The entire county. Powhatan County. The entire county. Prince Edward County. The entire coun ty. Prince George County. The entire coun ty. Prince William County. The entire coun ty. Pulaski County. The entire county. Rappahannock County. The entire coun ty. Richmond County. The entire county. Roanoke County. The entire county. Rockbridge County. The entire county. Rockingham County. The entire county. Shenandoah County. The entire county. Southampton County. The entire coun ty. Spotsylvania County. The entire county. Stafford County. The entire county. Surry County. The entire county. Sussex County. The entire county. Tazewell County. The entire county. Warren County. The entire county. Westmoreland County. The entire coun ty. York County. The entire county. WEST VIRGINIA Barbour County. The entire county. Berkeley County. The entire county. Braxton County. The entire county. Brooke County. The entire county. Calhoun County. The entire county. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 38 7 CFR Ch. III (1–1–17 Edition) § 301.45–4 3 Requirements under all other applicable Federal domestic plant quarantines must also be met. Doddridge County. The entire county. Fayette County. The entire county. Gilmer County. The entire county. Grant County. The entire county. Greenbrier County. The entire county. Hampshire County. The entire county. Harrison County. The entire county. Hancock County. The entire county. Hardy County. The entire county. Jackson County. The entire county. Jefferson County. The entire county. Lewis County. The entire county. Marion County. The entire county. Marshall County. The entire county. McDowell County. The entire county. Mercer County. The entire county. Mineral County. The entire county. Monongalia County. The entire county. Monroe County. The entire county. Morgan County. The entire county. Nicholas County. The entire county. Ohio County. The entire county. Pendleton County. The entire county. Pleasants County. The entire county. Pocahontas County. The entire county. Preston County. The entire county. Raleigh County. The entire county. Randolph County. The entire county. Ritchie County. The entire county. Summers County. The entire county. Taylor County. The entire county. Tucker County. The entire county. Tyler County. The entire county. Upshur County. The entire county. Webster County. The entire county. Wetzel County. The entire county. Wirt County. The entire county. Wood County. The entire county. Wyoming County. The entire county. WISCONSIN Adams County. The entire county. Ashland County. The entire county. Bayfield County. The entire county. Brown County. The entire county. Calumet County. The entire county. Clark County. The entire county. Columbia County. The entire county. Dane County. The entire county. Dodge County. The entire county. Door County. The entire county. Florence County. The entire county. Fond du Lac County. The entire county. Forest County. The entire county. Green Lake County. The entire county. Iowa County. The entire county. Iron County. The entire county. Jackson County. The entire county. Jefferson County. The entire county. Juneau County. The entire county. Kenosha County. The entire county. Kewaunee County. The entire county. Langlade County. The entire county. Lincoln County. The entire county. Manitowoc County. The entire county. Marathon County. The entire county. Marinette County. The entire county. Marquette County. The entire county. Menominee County. The entire county. Milwaukee County. The entire county. Monroe County. The entire county. Oconto County. The entire county. Oneida County. The entire county. Outagamie County. The entire county. Ozaukee County. The entire county. Portage County. The entire county. Price County. The entire county. Racine County. The entire county. Rock County. The entire county. Sauk County. The entire county. Shawano County. The entire county. Sheboygan County. The entire county. Vilas County. The entire county. Walworth County. The entire county. Washington County. The entire county. Waukesha County. The entire county. Waupaca County. The entire county. Waushara County. The entire county. Winnebago County. The entire county. Wood County. The entire county. [58 FR 39423, July 23, 1993] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.45–3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.45–4 Conditions governing the interstate movement of regulated articles and outdoor household arti cles from generally infested areas. (a) Regulated articles and outdoor household articles from generally in fested areas. (1) A regulated article, ex cept for an article moved in accordance with paragraph (c) of this section, shall not be moved interstate from any gen erally infested area into or through any area that is not generally infested unless a certificate or permit has been issued and attached to such regulated article in accordance with §§ 301.45–5 and 301.45–8. 3 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 39 Animal and Plant Health Inspection Service, USDA § 301.45–5 (2) An outdoor household article shall not be moved interstate from any gen erally infested area into or through any area that is not generally infested unless a certificate or OHA document has been issued and attached to such outdoor household article in accord ance with §§ 301.45–5 and 301.45–8. (b) A regulated article originating outside of any generally infested area may be moved interstate directly through any generally infested area without a certificate or permit if the point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has been safeguarded against infesta tion while in any generally infested area during the months of April through August. (c) A regulated article originating in a generally infested area may be moved interstate from a generally infested area without a certificate if it complies with (1) or (2) of this paragraph: (1) The article is moved by the U.S. Department of Agriculture for experi mental or scientific purposes, and: (i) Is moved pursuant to a permit issued for each article by the Adminis trator; (ii) Is moved in accordance with con ditions specified on the permit and found by the Administrator to be ade quate to prevent the dissemination of the gypsy moth, i.e., conditions of treatment, processing, shipment, and disposal; and (iii) Is moved with a tag or label se curely attached to the outside of the container containing the article or se curely attached to the article itself if not in a container, and with such tag or label bearing a permit number cor responding to the number of the permit issued for such article. (2) The article is logs, pulpwood, or bark and bark products, and the person moving the article has attached a signed accurate statement to the way bill or other shipping documents ac companying the article stating that he or she has inspected the article in ac cordance with the Gypsy Moth Pro gram Manual no more than 5 days prior to the date of movement and has found no life stages of gypsy moth on the ar ticle. [58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71 FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007; 80 FR 12917, Mar. 12, 2015] § 301.45–5 Issuance and cancellation of certificates, limited permits, and outdoor household article docu ments. (a) A certificate may be issued by an inspector for the movement of a regu lated article or an outdoor household article (OHA) if the inspector deter mines that it is eligible for certifi cation for movement to any destina tion under all Federal domestic plant quarantines applicable to such article and: (1) It has originated in noninfested premises in a generally infested area and has not been exposed to the gypsy moth while within the generally in fested area; or (2) The inspector inspects the article no more than 5 days prior to the date of movement during the months of April through August (14 days prior to the date of movement from September through March) and finds it to be free of the gypsy moth; or (3) It has been treated under the di rection of an inspector to destroy the gypsy moth in accordance with the treatment manual and part 305 of this chapter; or (4) It has been grown, produced, man ufactured, stored, or handled in such a manner that no infestation would be transmitted thereby as determined by an inspector. (b) Limited permits may be issued by an inspector to allow interstate move ment of any regulated article under this subpart to specified destinations for specified handling, utilization, processing, or treatment in accordance with the treatment manual, when, upon evaluation of all of the cir cumstances involved in each case, the Administrator determines that such movement will not result in the spread of the gypsy moth because life stages of the moths will be destroyed by such specified handling, utilization, proc essing or treatment, or the pest will not survive in areas to which shipped, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 40 7 CFR Ch. III (1–1–17 Edition) § 301.45–6 and the requirements of all other appli cable Federal domestic plant quar antines have been met. (c) Certificate and limited permit forms may be issued by an inspector to any person for use for subsequent ship ments of regulated articles provided the person is operating under a compli ance agreement. Any person operating under a compliance agreement may re produce the forms as needed to attach them to regulated articles moved under a compliance agreement. Any person operating under a compliance agree ment may execute and issue the cer tificate forms or reproduction of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compli ance agreement, if the person has treated such regulated articles as spec ified in the compliance agreement, and if the regulated articles are eligible for certification for movement to any des tination under all applicable Federal domestic plant quarantines. Any per son operating under a compliance agreement may execute and issue the limited permit forms, or reproductions of such forms, for the interstate move ment of regulated articles to specified destinations when an inspector has made the determinations specified in paragraph (b) of this section. (d) A certificate may be issued by a qualified certified applicator for the interstate movement of any outdoor household article or mobile home if such qualified certified applicator de termines the following: (1) That the article has been in spected by the qualified certified appli cator and found to be free of any life stage of the gypsy moth; or (2) That the article has been treated by, or treated under the direct super vision of, the qualified certified appli cator to destroy any life stage of the gypsy moth in accordance with meth ods and procedures prescribed in sec tion III of the Gypsy Moth Program Manual. (e) An OHA document may be issued by the owner of an outdoor household article for the interstate movement of the article if such person has inspected the outdoor household article and has found it to be free of any life stage of gypsy moth. (f) Any certificate or permit which has been issued or authorized may be withdrawn by an inspector if he deter mines that the holder thereof has not complied with any condition for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or permit has been withdrawn may ap peal the decision in writing to the Ad ministrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the cer tificate or permit was wrongfully with drawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as prompt ly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579–0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, 2005] § 301.45–6 Compliance agreement and cancellation thereof. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Qualified certified applicators must enter into compliance agree ments, in accordance with the defini tion of qualified certified applicator in § 301.45–1. A compliance agreement shall specify safeguards necessary to prevent spread of the gypsy moth, such as disinfestation practices or applica tion of chemical materials in accord ance with the treatment manual and part 305 of this chapter. Compliance agreement forms may be obtained from the Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is su pervising its enforcement, orally or in writing, whenever the inspector finds that such person has failed to comply with the conditions of the agreement. If the cancellation is oral, the decision VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 41 Animal and Plant Health Inspection Service, USDA § 301.45–9 and the reasons therefore shall be con firmed in writing, as promptly as cir cumstances permit. Any person whose compliance agreement has been can celed may appeal the decision in writ ing to the Administrator within ten (10) days after receiving written notifi cation of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Adminis trator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of prac tice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579–0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, 2005] § 301.45–7 Assembly and inspection of regulated articles and outdoor household articles. Persons (other than those authorized to use certificates or limited permits, or reproductions thereof, under § 301.45– 5(c)) who desire to move interstate a regulated article which must be accom panied by a certificate or permit shall, at least 7 days before the desired move ment, request an inspector to examine the article prior to movement. Persons who desire to move interstate an out door household article accompanied by a certificate issued in accordance with § 301.45–5 shall, at least 14 days before the desired movement, request an in spector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article or a mobile home accompanied by a certificate issued by a qualified cer tified applicator in accordance with § 301.45–5(d) shall request a qualified certified applicator to examine the ar ticle prior to movement. Such articles shall be assembled at such point and in such manner as the inspector or quali fied certified applicator designates to facilitate inspection. An owner who wants to move outdoor household arti cles interstate may self-inspect the ar ticles and issue an OHA document in accordance with § 301.45–5(e). [58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007] § 301.45–8 Attachment and disposition of certificates, limited permits, and outdoor household article docu ments. (a) A certificate, limited permit, or OHA document required for the inter state movement of a regulated article or outdoor household article must at all times during such movement be se curely attached to the outside of the container containing the regulated ar ticle or outdoor household article, se curely attached to the article itself if not in a container, or securely at tached to the consignee’s copy of the waybill or other shipping document: Provided, however, That the require ments of this section may be met by attaching the certificate, limited per mit, or OHA document to the con signee’s copy of the waybill or other shipping document only if the regu lated article or outdoor household arti cle is sufficiently described on the cer tificate, limited permit, OHA docu ment or shipping document to identify such article. (b) The certificate, limited permit, or OHA document for the movement of a regulated article or outdoor household article shall be furnished by the carrier to the consignee at the destination of the shipment. (c) Any qualified certified applicator who issues a certificate or OHA docu ment shall at the time of issuance send a copy of the certificate or OHA docu ment to the APHIS State Plant Health Director for the State in which the document is issued. (Approved by the Office of Management and Budget under control number 0579–0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, 2007] § 301.45–9 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated arti cles, outdoor household articles, and gypsy moths as provided in sections VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 42 7 CFR Ch. III (1–1–17 Edition) § 301.45–10 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). [58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001] § 301.45–10 Movement of live gypsy moths. Regulations requiring a permit for, and otherwise governing the movement of, live gypsy moths in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. § 301.45–11 Costs and charges. The services of the inspector shall be furnished without cost. The U.S. De partment of Agriculture will not be re sponsible for any costs or charges inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. § 301.45–12 Disqualification of quali fied certified applicator to issue certificates. (a) Any qualified certified applicator may be disqualified from issuing cer tificates by the Administrator if he de termines that one of the following has occurred: (1) Such person is not certified by a State and/or the Federal government as a commercial certified applicator under the Federal Insecticide, Fun gicide, and Rodenticide Act (7 U.S.C. 136i) in a category allowing the appli cation of restricted use pesticides. (2) Noncompliance with any of the provisions of this subpart or with stip ulations agreed on in the compliance agreement between the certified appli cator and the Administrator. (b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as cir cumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing certificates may appeal the decision in writing to the Adminis trator within ten (10) days after receiv ing written notification of the disquali fication. The appeal shall state all of the facts and reasons upon which the person relies to show that the disquali fication was a wrongful action. The Ad ministrator shall grant or deny the ap peal, in writing, stating the reasons for his decision as promptly as cir cumstances permit. If there is a con flict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Admin istrator. (Approved by the Office of Management and Budget under control number 0579–0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, 2007] Subpart—Japanese Beetle SOURCE: 44 FR 24035, Apr. 24, 1979, unless otherwise noted. QUARANTINE AND REGULATIONS § 301.48 Notice of quarantine; quar antine restrictions on interstate movement of regulated articles. (a) Pursuant to the provisions of sec tions 411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture heretofore determined after public hearing to quarantine the States of Alabama, Arkansas, Con necticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Mary land, Massachusetts, Michigan, Min nesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia in order to prevent the spread of the Japanese bee tle, a dangerous insect injurious to cul tivated crops and not theretofore wide ly prevalent or distributed within or throughout the United States. (b) No person shall move any regu lated article interstate from any regu lated airport destined to any of the fol lowing States except in accordance with the conditions prescribed in this subpart: Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and Washington. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534, July 6, 2004; 71 FR 35493, June 21, 2006] VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 43 Animal and Plant Health Inspection Service, USDA § 301.48–4 § 301.48–1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be con strued, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Compliance agreement. A written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of mov ing regulated articles interstate, in which the person agrees to comply with the provisions of this subpart. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, U.S. Department of Agriculture, or other person, authorized by the Admin istrator to enforce the provisions of the quarantine and regulations in this sub part. Interstate. From any State into or through any other State. Japanese beetle. The live insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development (egg, larva, pupa, or adult). Person. Any individual, corporation, company, partnership, society, or asso ciation, or other organized group of any of the foregoing. Regulated airport. Any airport or por tions of an airport in a quarantined State declared regulated in accordance with provisions in § 301.48–2 of this sub part. Regulated articles. Aircraft at or from regulated airports. State. Any State, territory, or dis trict of the United States, including Puerto Rico. State Plant Regulatory Official. The authorized official of a State who has responsibility for the operation of the State plant regulatory program. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 70 FR 33268, June 7, 2005] § 301.48–2 Authorization to designate, and terminate designation of, regu lated airports. (a) An inspector may declare any air port within a quarantined State to be a regulated airport when he or she deter mines that adult populations of Japa nese beetle exist during daylight hours at the airport to the degree that air craft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in § 301.48(b) may be leaving the airport. (b) An inspector shall terminate the designation provided for under para graph (a) of this section when he or she determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] § 301.48–3 Notification of designation, and termination of designation, of regulated airports. Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designa tion has been terminated. The inspec tor shall also give the same informa tion in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in § 301.48(b). The Ad ministrator shall also give the same in formation to the State Plant Regu latory Official of each State designated in § 301.48(b) to which any regulated ar ticle will move. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] § 301.48–4 Conditions governing the interstate movement of regulated articles from quarantined States. A regulated article may be moved interstate from a regulated airport to VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 44 7 CFR Ch. III (1–1–17 Edition) § 301.48–5 1 Requirements under all other applicable Federal domestic plant quarantines must be met. any State 1 designated in § 301.48(b) only if: (a) An inspector, upon visual inspec tion of the airport and/or the aircraft, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present; or (b) The aircraft is opened and loaded only while it is enclosed inside a hang ar that an inspector has determined to be free of and safeguarded against Jap anese beetle; or (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 a.m. only or lands and departs during those hours and, in either situation, is kept com pletely closed while on the ground dur ing the hours of 7:00 a.m. to 8:00 p.m.; or (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 p.m., the air craft is inspected, treated, and safe guarded. Inspection, treatment, and safeguarding must be done either under a compliance agreement in accordance with § 301.48–8 or under the direct su pervision of an inspector. On a case-by case basis, inspectors will determine which of the following conditions, and any supplemental conditions deemed necessary by the Administrator to pre vent the spread of Japanese beetle, are required: (1) All openings of the aircraft must be closed or safeguarded during the hours of 7:00 a.m. to 8:00 p.m. by exclu sionary devices or by other means ap proved by the Administrator. (2) All cargo containers that have not been safeguarded in a protected area must be inspected immediately prior to and during the loading process. All per sonnel must check their clothing im mediately prior to entering the air craft. All Japanese beetles found must be removed and destroyed. (3) All areas around doors and hatch es or other openings in the aircraft must be inspected prior to removing the exclusionary devices. All Japanese beetles found must be removed and de stroyed. All doors and hatches must be closed immediately after the exclu sionary devices are moved away from the aircraft. (4) Aircraft must be treated in ac cordance with part 305 of this chapter no more than 1 hour before loading. Particular attention should be paid to the ball mat area and the holes around the main entrance. The aircraft must then be aerated under safeguard condi tions as required by part 305 of this chapter. (5) Aircraft treatment records must be maintained by the applicator com pleting or supervising the treatment for a period of 2 years. These records must be provided upon request for re view by an inspector. Treatment records shall include the pesticide used, the date of application, the loca tion where the pesticide was applied (airport and aircraft), the amount of pesticide applied, and the name of the applicator. (6) When a designated aircraft is re placed with an alternate one just prior to departure (the procedure known as ‘‘tail swapping’’), the alternate aircraft must be inspected and all Japanese beetles must be removed. The aircraft must be safeguarded by closing all openings and hatches or by equipping the aircraft with exclusionary devices until the aircraft is ready for use. Dur ing loading, all treatment and safe guard requirements applicable to regu larly scheduled aircraft must be imple mented. (7) Aircraft may be retreated in the noninfested State if live Japanese bee tles are found. (8) Notification of unscheduled com mercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in § 301.48(b). Notifi cation of arriving military flights should also be given to base com manders to facilitate the entrance of Federal and/or State inspectors onto the base if necessary. [61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996; 70 FR 33268, June 7, 2005] § 301.48–5 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 45 Animal and Plant Health Inspection Service, USDA § 301.50–1 1 Any properly identified inspector is au thorized to stop and inspect persons and means of conveyance; and to seize, quar antine, 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). seize, destroy, or otherwise dispose of or require disposal of regulated articles and Japanese beetles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Administrator. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 66 FR 21051, Apr. 27, 2001] § 301.48–6 Movement of live Japanese beetles. Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Administrator. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996] § 301.48–7 Nonliability of the Depart ment. The U.S. Department of Agriculture disclaims liability for any costs inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector. § 301.48–8 Compliance agreements and cancellation. (a) Any person engaged in the busi ness of moving regulated articles may enter into a compliance agreement to facilitate the movement of such arti cles under this subpart. Any person who enters into a compliance agree ment, and employees or agents of that person, must allow an inspector access to all records regarding treatment of aircraft and to all areas where loading, unloading, and treatment of aircraft occurs. (b) A compliance agreement may be canceled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this sub part. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writ ing within 20 days of oral notification. Any person whose compliance agree ment has been canceled may appeal the decision, in writing, to the Adminis trator within 10 days after receiving written notification of the cancella tion. The appeal must state all of the facts and reasons upon which the per son relies to show that the compliance agreement was wrongfully canceled. A hearing will be held to resolve any con flict as to any material fact. The Ad ministrator shall adopt rules of prac tice for the hearing. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. The compliance agreement will remain canceled pending the decision on the appeal. [61 FR 32641, June 25, 1996] Subpart—Pine Shoot Beetle SOURCE: 57 FR 54496, Nov. 19, 1992, unless otherwise noted. § 301.50 Restrictions on interstate movement of regulated articles. Regulated articles may be moved interstate from any quarantined area only in accordance with this subpart. 1 [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66 FR 21051, Apr. 27, 2001] § 301.50–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Certificate. A document in which an inspector, or person operating under a compliance agreement, affirms that a specified regulated article is free of pine shoot beetle and may be moved interstate to any destination. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 46 7 CFR Ch. III (1–1–17 Edition) § 301.50–2 Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the pro visions of this subpart. Infestation. The presence of the pine shoot beetle or the existence of cir cumstances that make it reasonable to believe that the pine shoot beetle is present. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, or other individual, authorized by the Administrator to enforce this sub part. Interstate. From any State into or through any other State. Limited permit (permit). A document in which an inspector, or person operating under a compliance agreement, affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.50– 5(b) of this subpart only to a specified destination and only in accordance with specified conditions. Moved (Move, Movement). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Pine bark products. Pieces of pine bark including bark chips, bark nug gets, bark mulch and bark compost. Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted trees, including dug (balled and burlaped) Christmas trees, and ornamental pine, such as bonsai. Pine shoot beetle. The insect known as pine shoot beetle, Tomicus piniperda (Linnaeus), in any stage of develop ment. Quarantined area. Any State, or any portion of a State, listed in § 301.50–3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.50–3(b) of this subpart. Regulated article. Any article listed in § 301.50–2(a) of this subpart or otherwise designated as a regulated article in ac cordance with § 301.50–2(b) of this sub part. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 71 FR 13925, Mar. 20, 2006; 79 FR 21597, Apr. 17, 2014] § 301.50–2 Regulated articles. The following are regulated articles: (a) Pine products (Pinus spp.), as fol lows: Bark products; Christmas trees; logs and firewood with bark attached; lumber with bark attached; nursery stock; raw pine materials for pine wreaths and garlands; and stumps. (b) Any article, product, or means of conveyance not covered by paragraph (a) of this section, that presents a risk of spread of the pine shoot beetle and that an inspector notifies the person in possession of it is subject to the re strictions of this subpart. [57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006; 79 FR 21597, Apr. 17, 2014] § 301.50–3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Ad ministrator will list as a quarantined area, in paragraph (c) of this section, each State, or each portion of a State, in which the pine shoot beetle has been found by an inspector, in which the Ad ministrator has reason to believe that the pine shoot beetle is present, or that the Administrator considers necessary to regulate because of its insepa rability for quarantine enforcement purposes from localities in which the pine shoot beetle has been found. Less than an entire State will be designated as a quarantined area only if the Ad ministrator determines that: (1) The State has adopted and is en forcing a quarantine and regulations that impose restrictions on the intra state movement of the regulated arti cles that are equivalent to those im posed by this subpart on the interstate movement of these articles; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the pine shoot beetle. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 47 Animal and Plant Health Inspection Service, USDA § 301.50–3 (b) The Administrator or an inspec tor may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give a copy of this regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quar antined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section, or the designation will be terminated by the Administrator or an inspector. The owner or person in pos session of an area for which designa tion is terminated will be given notice of the termination as soon as prac ticable. (c) The areas described below are des ignated as quarantined areas: CONNECTICUT The entire State. ILLINOIS Boone County. The entire county. Bureau County. The entire county. Carroll County. The entire county. Champaign County. The entire county. Christian County. The entire county. Clark County. The entire county. Coles County. The entire county. Cook County. The entire county. Cumberland County. The entire county. De Kalb County. The entire county. De Witt County. The entire county. Douglas County. The entire county. Du Page County. The entire county. Edgar County. The entire county. Effingham County. The entire county. Fayette County. The entire county. Ford County. The entire county. Grundy County. The entire county. Henry County. The entire county. Iroquois County. The entire county. Jo Daviess County. The entire county. Kane County. The entire county. Kankakee County. The entire county. Kendall County. The entire county. Knox County. The entire county. La Salle County. The entire county. Lake County. The entire county. Lee County. The entire county. Livingston County. The entire county. Macon County. The entire county. Marshall County. The entire county. Mason County. The entire county. McHenry County. The entire county. McLean County. The entire county. Mercer County. The entire county. Moultrie County. The entire county. Ogle County. The entire county. Peoria County. The entire county. Piatt County. The entire county. Putnam County. The entire county. Rock Island County. The entire county. Shelby County. The entire county. Stark County. The entire county. Stephenson County. The entire county. Tazewell County. The entire county. Vermilion County. The entire county. Warren County. The entire county. Whiteside County. The entire county. Will County. The entire county. Winnebago County. The entire county. Woodford County. The entire county. INDIANA The entire State. IOWA The entire State. MAINE Androscoggin County. The entire county. Cumberland County. The entire county. Franklin County. The entire county. Hancock County. The entire county. Kennebec County. The entire county. Knox County. The entire county. Lincoln County. The entire county. Oxford County. The entire county. Penobscot County. The entire county. Piscataquis County. The entire county. Sagadahoc County. The entire county. Somerset County. The entire county. Waldo County. The entire county. York County. The entire county. MARYLAND Allegany County. The entire county. Baltimore County. The entire county. Carroll County. The entire county. Frederick County. The entire county. Garrett County. The entire county. Harford County. The entire county. Howard County. The entire county. Montgomery County. The entire county. Washington County. The entire county. MASSACHUSETTS The entire State. MICHIGAN The entire State. MINNESOTA The entire State. MISSOURI Adair County. The entire county. Clark County. The entire county. Lewis County. The entire county. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 48 7 CFR Ch. III (1–1–17 Edition) § 301.50–4 2 Requirements under all other applicable Federal domestic plant quarantines and reg ulations must also be met. Macon County. The entire county. Marion County. The entire county. NEW HAMPSHIRE The entire State. NEW JERSEY The entire State. NEW YORK Albany County. The entire county. Allegany County. The entire county. Broome County. The entire county. Cattaraugus County. The entire county. Cayuga County. The entire county. Chautauqua County. The entire county. Chemung County. The entire county. Chenango County. The entire county. Clinton County. The entire county. Columbia County. The entire county. Cortland County. The entire county. Delaware County. The entire county. Dutchess County. The entire county. Erie County. The entire county. Essex County. The entire county. Franklin County. The entire county. Fulton County. The entire county. Genesee County. The entire county. Greene County. The entire county. Hamilton County. The entire county. Herkimer County. The entire county. Jefferson County. The entire county. Lewis County. The entire county. Livingston County. The entire county. Madison County. The entire county. Monroe County. The entire county. Montgomery County. The entire county. Niagara County. The entire county. Oneida County. The entire county. Onondaga County. The entire county. Ontario County. The entire county. Orange County. The entire county. Orleans County. The entire county. Oswego County. The entire county. Otsego County. The entire county. Putnam County. The entire county. Rensselaer County. The entire county. St. Lawrence County. The entire county. Saratoga County. The entire county. Schenectady County. The entire county. Schoharie County. The entire county. Schuyler County. The entire county. Seneca County. The entire county. Steuben County. The entire county. Sullivan County. The entire county. Tioga County. The entire county. Tompkins County. The entire county. Ulster County. The entire county. Warren County. The entire county. Washington County. The entire county. Wayne County. The entire county. Westchester County. The entire county. Wyoming County. The entire county. Yates County. The entire county. OHIO The entire State. PENNSYLVANIA The entire State. RHODE ISLAND The entire State VERMONT The entire State. VIRGINIA Clarke County. The entire county. Loudon County. The entire county. WEST VIRGINIA The entire state. WISCONSIN The entire State. [57 FR 54496, Nov. 19, 1992] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.50–3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.50–4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 2 only if moved under the following con ditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.50–5 and 301.50–8 of this sub part; (b) Without a certificate or limited permit, if: (1)(i) The regulated article originates outside any quarantined area and is moved through the quarantined area without stopping (except for dropoff loads, refueling, or traffic conditions, such as traffic lights or stop signs) dur ing October, November, or December, or when ambient air temperature is below 10 °C (50 °F); or (ii) The regulated article originates outside any quarantined area and, dur ing the period of January through Sep tember, is moved through the quar antined area at a temperature higher than 10 °C (50 °F), if the article is VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 49 Animal and Plant Health Inspection Service, USDA § 301.50–5 3 Services of an inspector may be requested by contacting the local offices of Plant Pro tection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, River dale, Maryland 20737–1236. 4 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). shipped in an enclosed vehicle or com pletely covered (such as with plastic, canvas, or other closely woven cloth) so as to prevent access by the pine shoot beetle; and (2) The point of origin of the regu lated article is indicted on the waybill. (c) With a limited permit issued by the Administrator if the regulated arti cle is moved: (1) By the United States Department of Agriculture for experimental or sci entific purposes; (2) Under conditions, specified on the permit, which the Administrator has found to be adequate to prevent the spread of the pine shoot beetle; and (3) With a tag or label, bearing the number of the permit issued for the regulated article, attached to the out side of the container of the regulated article or attached to the regulated ar ticle itself, if the regulated article is not in a container. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993] § 301.50–5 Issuance and cancellation of certificates and limited permits. (a) A certificate will be issued by an inspector 3 for the interstate movement of a regulated article if the inspector determines that: (1)(i) The regulated article has been treated under the direction of an in spector in accordance with § 301.50–10 of this subpart, or, if pine bark products, produced according to the require ments of the management method in § 301.50–10(b) of this subpart; or (ii) Based on inspection of the prem ises of origin, if the regulated article is a greenhouse-grown pine (such as bon sai), that the greenhouse is free from the pine shoot beetle and is screened to prevent entry of the pine shoot beetle; or (iii) Based on inspection of the regu lated article, if the regulated article is a pine seedling or a pine transplant and is no greater than 36 inches high with a bole diameter at soil level of 1 inch or less, that it is free from the pine shoot beetle; or (iv) Based on inspection by an inspec tor (branch tip-by-branch tip) of pine nursery stock, that it is free from the pine shoot beetle; or (v) If the regulated article is a pine log with bark attached or pine lumber with bark attached or a pine stump, that its source tree has been felled dur ing the period of July 1 through Octo ber 31 or if the regulated article is pine bark products produced from a tree felled and debarked during the period of July 1 through October 31; and (2)(i) The regulated article will be moved through the quarantined area during October, November, or Decem ber, or when the ambient air tempera ture is below 10 °C (50 °F); or (ii) The regulated article will be moved through the quarantined area during the period of January through September, if the ambient air tempera ture is 10 °C (50 °F) or higher, in an en closed vehicle or completely enclosed by a covering adequate to prevent ac cess by the pine shoot beetle; or (iii) The pine log with pine bark at tached, pine lumber with bark at tached, or pine stump from a tree felled during the period of July 1 through Oc tober 31, or the pine bark products pro duced from a tree felled and debarked during the period of July 1 through Oc tober 31, will be shipped interstate from the quarantined area during the period of July 1 through October 31 of the same year in which the source tree was felled; and (3) The regulated article is to be moved in compliance with any addi tional conditions deemed necessary under section 414 of the Plant Protec tion Act (7 U.S.C. 7714) 4 to prevent the spread of the pine shoot beetle; and (4) The regulated article is eligible for unrestricted movement under all VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 50 7 CFR Ch. III (1–1–17 Edition) § 301.50–5 5 See footnote 3 to § 301.50–5(a). other Federal domestic plant quar antines and regulations applicable to the regulated articles. (b) An inspector 5 will issue a limited permit for the interstate movement of a regulated article if the inspector de termines that: (1)(i) The regulated article is to be moved interstate to a specified destina tion for specified handling, processing, or utilization (the destination and other conditions to be listed in the lim ited permit), and this interstate move ment will not result in the spread of the pine shoot beetle. If the regulated article is part of a shipment of pine Christmas trees, the inspector will make a pest-risk determination on the basis of an inspection conducted in ac cordance with § 301.50–5(c) of this para graph; or (ii) The regulated article is to be moved interstate from a quarantined area to a quarantined area and will transit any non-quarantined area in an enclosed vehicle or completely en closed by a covering adequate to pre vent access by the pine shoot beetle; and (2) The regulated article is to be moved in compliance with any addi tional conditions deemed necessary under section 414 of the Plant Protec tion Act (7 U.S.C. 7714) to prevent the spread of the pine shoot beetle; and (3) The regulated article is eligible for interstate movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (c) The number of pine Christmas trees randomly selected for inspection is determined by the size and type of shipment, in accordance with the fol lowing tables. If a shipment mixes painted and natural trees, the inspec tion procedure for painted trees will apply. TABLE 1—PAINTED (COLOR-ENHANCED) PINE CHRISTMAS TREES 1 No. of trees in shipment No. of trees to sample No. of trees in ship ment No. of trees to sample 1–72 .................... All 701–800 ................... 120 73–100 ................ 73 801–900 ................... 121 101–200 .............. 96 901–1,000 ................ 122 201–300 .............. 106 1,001–2,000 ............. 126 TABLE 1—PAINTED (COLOR-ENHANCED) PINE CHRISTMAS TREES 1—Continued No. of trees in shipment No. of trees to sample No. of trees in ship ment No. of trees to sample 301–400 .............. 111 2,001–3,000 ............. 127 401–500 .............. 115 3,001–5,000 ............. 128 501–600 .............. 117 5,001–10,000 ........... 129 601–700 .............. 119 10,001 or more ......... 130 1 If a pine shoot beetle is detected in any one of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, ‘‘All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated, prior to January 1.’’ TABLE 2—NATURAL (UNPAINTED) CHRISTMAS TREES 1 No. of trees in shipment No. of trees to sample No. of trees in ship ment No. of trees to sample 1–57 .................... All 501–600 ................... 80 58–100 ................ 58 601–700 ................... 81 101–200 .............. 69 701–1,000 ................ 82 201–300 .............. 75 1,001–3,000 ............. 84 301–400 .............. 77 3,001–10,000 ........... 85 401–500 .............. 79 10,001 or more ......... 86 1 If a pine shoot beetle is detected in any one of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, ‘‘All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated, prior to January 1.’’ (d) Certificates and limited permits for use for interstate movement of reg ulated articles may be issued by an in spector or person operating under a compliance agreement. A person oper ating under a compliance agreement may issue a certificate for the inter state movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agree ment may issue a limited permit for interstate movement of a regulated ar ticle when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. (e) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally, or in writing, if he or she determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certifi cate or limited permit. If the with drawal is oral, the withdrawal and the VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 51 Animal and Plant Health Inspection Service, USDA § 301.50–8 6 Compliance agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Domestic and Emer gency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 7 See footnote 3 to § 301.50–5(a). reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notifi cation of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As prompt ly as circumstances allow, the Admin istrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to re solve any conflict as to any material fact. Rules of practice concerning such a hearing will be adopted by the Ad ministrator. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 30, 1994; 66 FR 21051, Apr. 27, 2001; 71 FR 13925, Mar. 20, 2006; 75 FR 4240, Jan. 26, 2010] § 301.50–6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agree ment when an inspector determines that the person understands this sub part. 6 (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the can cellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been can celed may appeal the decision, in writ ing, within 10 days after receiving writ ten notification of the cancellation. The appeal must state all of the facts and reasons upon which the person re lies to show that the compliance agree ment was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any mate rial fact. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 30, 1994] § 301.50–7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or lim ited permits under § 301.50–5(d)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an in spector, 7 at least 48 hours in advance of the desired interstate movement. (b) The regulated article must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 79 FR 21597, Apr. 17, 2014] § 301.50–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article must be attached, at all times during the interstate movement, to the outside of the con tainer containing the regulated article, or to the regulated article itself, if not in a container. The requirements of this section may also be met by attach ing the certificate or limited permit to the consignee’s copy of the waybill, provided the regulated article is suffi ciently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regu lated article must be furnished by the VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 52 7 CFR Ch. III (1–1–17 Edition) § 301.50–9 carrier to the consignee at the destina tion of the regulated article. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993] § 301.50–9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from in spection and other services provided outside of normal business hours. § 301.50–10 Treatments and manage ment method. (a) Regulated articles may be treated in accordance with part 305 of this chapter to neutralize the pine shoot beetle. (b) Management method for pine bark products. The following procedures are authorized for use with pine bark prod ucts derived from white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P. resinosa), and jack pine (P. banksiana) trees. Pine bark products will only be considered to have been produced in accordance with this man agement method if the following proce dures are followed: (1) For pine bark products produced from trees felled during the period No vember 1 through March 31: (i) The trees must be harvested at a height of 4 inches or more above the duff line; and (ii) The trees must have been me chanically debarked with a ring debarker or a Rosser head debarker; and (iii) For Scotch pine, red pine, and jack pine, the bark must either be ground into pieces of 1 inch or less in diameter or composted in accordance with the procedure in paragraph (d)(3) of this section. (2) For pine bark products produced from trees felled during the period April 1 through June 30: (i) The trees must have been me chanically debarked with a ring debarker or a Rosser head debarker; and (ii) The bark must either be ground into pieces of 1 inch or less in size or composted in accordance with the pro cedure in paragraph (d)(3) of this sec tion. (3) Composting for pine bark products for the management method in this paragraph (d) must be performed as fol lows: (i) The pile of pine bark to be composted must be at least 200 cubic yards in size; and (ii) The compost pile must remain undisturbed until the interior tempera ture of the pile reaches 120 °F (49 °C) and remains at or over that tempera ture for 4 consecutive days; and (iii) After the 4-day period is com pleted, the outer layer of the compost pile must be removed to a depth of 3 feet; and (iv) A second compost pile must be started using the cover material pre viously removed as a core. Core mate rial must be removed from the first pile and used to cover the second com post pile to a depth of 3 feet; and (v) The second compost pile must re main undisturbed until the interior temperature of the pile reaches 120 °F (49 °C) and remains at or over that tem perature for 4 consecutive days. After this 4-day period, the composting pro cedure is complete. (vi) Previously composted material generated using this procedure may be used as cover material for subsequent compost piles. A compost pile that uses previously composted material must remain undisturbed until the interior temperature of the pile reaches 120 °F (49 °C) and remains at or over that tem perature for 4 consecutive days. After this 4-day period, the composting pro cedure is complete. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781, Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006; 75 FR 4240, Jan. 26, 2010] Subpart—Asian Longhorned Beetle SOURCE: 62 FR 10416, Mar. 7, 1997, unless otherwise noted. § 301.51–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 53 Animal and Plant Health Inspection Service, USDA § 301.51–3 Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian longhorned beetle. The insect known as Asian longhorned beetle (Anoplophora glabripennis) in any stage of development. Certificate. A document which is issued for a regulated article by an in spector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.51–5(a). Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions im posed under this subpart. Infestation. The presence of the Asian longhorned beetle in any life stage. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, or other individual authorized by the Administrator to enforce the provi sions of this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector affirms that the regulated article not eligible for a certificate is eligible for interstate movement only to a specified destination and in ac cordance with conditions specified on the permit. Moved (movement, move). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Quarantined area. Any State, or any portion of a State, listed in § 301.51–3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.51–3(b) of this subpart. Regulated article. Any article listed in § 301.51–2(a) of this subpart or otherwise designated as a regulated article in ac cordance with § 301.51–2(b) of this sub part. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.51–2 Regulated articles. The following are regulated articles: (a) Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following gen era: Acer (maple), Aesculus (horse chest nut), Albizia (mimosa), Betula (birch), Cercidiphyllum (katsura), Fraxinus (ash), Koelreuteria (golden rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). (b) Any other article, product, or means of conveyance not covered by paragraph (a) of this section if an in spector determines that it presents a risk of spreading Asian longhorned bee tle and notifies the person in posses sion of the article, product, or means of conveyance that it is subject to the re strictions of this subpart. [62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997; 68 FR 26985, May 19, 2003; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug. 23, 2011; 81 FR 39176, June 16, 2016] § 301.51–3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Ad ministrator will list as a quarantined area in paragraph (c) of this section, each State or each portion of a State in which the Asian longhorned beetle has been found by an inspector, in which the Administrator has reason to be lieve that the Asian longhorned beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine en forcement purposes from localities where Asian longhorned beetle has been found. Less than an entire State will be designated as a quarantined area only if the Administrator deter mines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 54 7 CFR Ch. III (1–1–17 Edition) § 301.51–3 subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the Asian longhorned beetle. (b) The Administrator or an inspec tor may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this sec tion. The Administrator will give writ ten 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 re sponsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily des ignated as a quarantined area is sub ject to this subpart. As soon as prac ticable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of pub licly owned land, the person respon sible for the management of, an area for which the designation is terminated will be given written notice of the ter mination as soon as practicable. (c) The following areas are des ignated as quarantined areas: MASSACHUSETTS Worcester County. The portion of Worcester County, including portions or all of the mu nicipalities of Worcester, Holden, West Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line starting at the intersection of Route 9 (Belmont Street) and the eastern boundary of the town of Shrews bury; then follow the Shrewsbury town boundary northerly until the Boylston town boundary; then follow the entirety of the Boylston town boundary until it comes to the West Boylston town boundary on the Massachusetts Department of Conservation and Recreation Watershed property; then along the West Boylston town boundary until it intersects Manning Street; then southwest on Manning Street in Holden to Wachusett Street (Route 31); then south on Wachusett Street to Highland Street (still Route 31); then southwest on Highland Street to Main Street; then southeast on Main Street to Bailey Road; then south on Bailey Road to Chapin Road; then south on Chapin Road to its end; then continuing in a southeasterly direction to Fisher Road; then southwest on Fisher Road to Stonehouse Hill Road; then south on Stonehouse Hill Road to Reservoir Street; then southeast on Res ervoir Street until it intersects the Worces ter city boundary; turn south on Oxford Street to Auburn Street; then southeast on Auburn Street crossing under the Massachu setts Turnpike (I–90) and continuing south east on Millbury Street; at the intersection of Washington Street, turn northeast and continue along Washington Street to the northern boundary of the Massachusetts Turnpike (I–90); then east along the northern boundary of the Massachusetts Turnpike (I– 90) to the Auburn town boundary; then fol low the Auburn town boundary northerly to the Worcester city boundary; continue along the Worcester city boundary until the Shrewsbury town boundary; then follow the entirety of the Shrewsbury town boundary until the point of beginning. NEW YORK New York City. That area in the boroughs of Brooklyn and Queens in the City of New York that is bounded by a line beginning at the point where the Brooklyn Battery Tun nel intersects the Brooklyn shoreline of the East River; then east and north along the shoreline of the East River to its intersec tion with the City of New York/Nassau Coun ty line; then southeast along the City of New York/Nassau County line to its intersection with the Grand Central Parkway; then west on the Grand Central Parkway to the Jackie Robinson Parkway; then west on the Jackie Robinson Parkway to Park Lane; then south on Park Lane to Park Lane South; then south and west on Park Lane South to 112th Street; then south on 112th Street to Atlan tic Avenue; then west on Atlantic Avenue to 106th Street; then south on 106th Street to Liberty Avenue; then west on Liberty Ave nue to Euclid Avenue; then south on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to Canton Avenue; then west on Canton Avenue to the Prospect Ex pressway; then north and west on the Pros pect Expressway to the Gowanus Express way; then north and west on the Gowanus Expressway; then north on Hamilton Avenue to the point of beginning. Nassau and Suffolk Counties. That area in the villages of Amityville, West Amityville, North Amityville, Babylon, West Babylon, Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa; in the towns of Oyster Bay and Babylon; in the counties of Nassau and Suffolk that is bounded as follows: Beginning at a point where West Main Street intersects the west shoreline of Carlis Creek; then west along West Main Street to Route 109; then north along Route 109 to Arnold Avenue; then VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 55 Animal and Plant Health Inspection Service, USDA § 301.51–4 northwest along Arnold Avenue to Albin Av enue; then west along Albin Avenue to East John Street; then west along East John Street to Wellwood Avenue; then north along Wellwood Avenue to the Southern State Parkway; then west along the Southern State Parkway to Broadway; then south along Broadway to Hicksville Road; then south along Hicksville Road to Division Ave nue; then south along Division Avenue to South Oyster Bay; then east along the shore line of South Oyster Bay to Carlis Creek; then along the west shoreline of Carlis Creek to the point of beginning. OHIO Clermont County. (1) The portion of Clermont County, including all of the mu nicipalities of Tate and East Fork State Park, and the portions of the Township of Monroe that include the following land par cels: 232609C094, 232609C113, 232609C215, 232609C085, 232609C128, 232609B224, 232609B188, 232609E223, 232609B215, 32609B193, 232609E075, 232609B161, 232609E156, 232609E245, 232609E037, 232609E074, 232609E230, 232609E031, 232609E220, 232609E232, 232609E240, 232609E239, 232609E241, 232609E175, 232609E228, 232609E250, 232609E235, 232609E238, 232609E227, 232609E242, 32609E226, 232609E249, 232609E236, 232609E234, 232609C217, 232609C040, 234715.008, 232609C227, 232609C222, 232609C092, 232609C093, 232609C129, 232609C098, 232609C195, 232609C100, 232609C169, 232609C136, 232609C097, 232609C139, 232609C148, 232609C042, 232609C150, 232609C182, 234715.009, 234715.005, 234715.006, 234715.001, 232609E246, 232609E247, 234715.004, 234715.003, 232609E222, 232609C228, 234425.001, 232609E233, 232609C170, 232609C216, 232609C196, 232609C105, 232609E237, 232609C225, 232609C091, 232609C197, 232609C218, 232609C198, 232609C041, 232609C212, 232609C194, 232609C214, 232609E224, 232609E231, 232609E248, 234715.007, 234715.002, 232609C120, 232609C226, 232609C229, 232609C043; and (2) The portions of the Townships of Bata via and Stonelick that include the following land parcels: 302909I048, 304436.008, 302909H084, 302909K030, 022003B040, 012003H093, 025503D053, 022003B024, 302909G132, 304436A017, 304436.004, 302909F109, 012003E028, 012003C087, 012003H097, 022003C080, 302909G120, 302909K046, 302909H083, 302909F116, 012003E031, 012003C085, 022003B039, 302909G128, 302909F120, 302909H095, 302909F104, 012003E029, 012003C086, 022003F033, 302912E118, 302909G119, 302909G115, 302909H082, 302909F115, 012003E027, 302909G010, 022003F015, 302909B081, 302909G114, 302909H094, 302909I097, 012003E022, 022004H018, 022004H061, 302909E112, 302909B065, 302909G130, 302909H096, 302909F107, 025503B015, 012003H078, 022004H019, 302909E113, 302909G129, 304436A018, 302909F118, 302909I098, 012003E043, 302909G117, 304436A012, 302909E120, 302909B069, 304436.007, 304436.003, 302909K109, 012003E032, 302909G131, 302909F110, 302909E116, 302909J087, 302909H089, 302909F123, 302912E029, 012003E037, 302909F101, 022003A077, 302909E073, 302909J089, 302909H086, 304436.002, 302909F021, 015503I058, 302909F063, 022003A022, 302909E110, 304436A013, 304436A019, 304436.001, 302909F102, 012003E041, 302909G133, 302909F130, 302909E102, 302909E097, 302909H029, 302909F117, 012005H008, 012003E039, 302909D109, 302909F129, 302909K084, 302909J091, 302909H087, 302909F124, 302909I099, 012003E026, 302909E043, 302909I095, 302909K055, 302909K051, 304436.006, 302909B093, 302909K028P, 012003E040, 302909D049, 022003A023, 302909K107, 302909J086, 304436A020, 302909F128, 302909K110, 025503B013, 302909E090, 302909E114, 302909K054, 304436A014, 302909H090, 302909K047, 302909I025, 012003E034, 302909K044, 304436.010, 302909H093, 302909B040, 012005I010, 025503B012, 302912E135, 302909F132, 302909K032, 304436A015, 302909H085, 302909F112, 022003A078, 012003H102, 022003E020, 302909F131, 302909K059, 302909B015, 302909F119, 302909F125, 302909I096, 012003E023, 022003B038, 302909F022, 302909K108, 302909J041, 302909H088, 302909F113, 302909I024, 012003E033, 012003E035, 302909B083, 302909K031, 304436.009, 304436.005, 302909F114, 012003H101, 012003H100, 012003E011, 302909B070, 302909K099, 302909B103, 302909F122, 302909F127, 022003F034, 012003E024, 025503I058, 302909B076, 302909K028, 304436A016, 302909B064, 302909F111, 022003F018, 012003H104, 022003G023, 304436.011, 302909K042, 302909A039, 302909H091, 302909H097, 302909I023, 012003E036, 022003G022, 302909B038, 302909K052, 302909F121, 302909K071, 022003A076, 012003C027, 025503B016, 022003B043, 302909K094, 302909G116, 302909H081, 302909F126, 012005I005, 012003H094, 025503B017, 022003B044, 302909K092, 302909K106, 302909E106, 302909K053, 022003G014, 012003I072, 060224.026, 302909G110, 302909D107, 302909K061, 302909E115, 302909K058, 022003F019, 022003C062, 060224.009, 302909G109, 302909H018, 302909E016, 302909K057, 012003E038, 012003E030, 012003D009, 302909G121, 302909G127, 302909H017, 302909E014, 302912B150, 012003C061, 012003E047, 012003C078, 302909G108, 302909E013, 302909H080, 302909K027, 302909K066, 012003C028, 012003E046, 302909H099, 022003B042, 302909H020, 022005G014, 302909K068, 012003C088, 022003B025, 302909G011, 302909H098, 302909H092, 012003E042, 012003E021, 012003E045, 012005I007, 302909J067, 302909K105, 302909G122, 302909G123, 302909G124, 302909G125, 302909G126. [62 FR 10416, Mar. 7, 1997] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.51–3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.51–4 Conditions governing the interstate movement of regulated articles from quarantined areas. (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 56 7 CFR Ch. III (1–1–17 Edition) § 301.51–5 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). (1) With a certificate or limited per mit issued and attached in accordance with §§ 301.51–5 and 301.51–8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agri culture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quar antined area under the following condi tions: (A) The points of origin and destina tion are indicated on a waybill accom panying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping, or has been stored, packed, or handled at locations approved by an in spector as not posing a risk of infesta tion by Asian longhorned beetle; and (C) The article has not been com bined or commingled with other arti cles so as to lose its individual iden tity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated arti cle interstate, the inspector is author ized to stop the person or means of con veyance to determine whether a regu lated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and arti cles not in compliance with the regula tions in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. § 301.51–5 Issuance and cancellation of certificates and limited permits. (a) An inspector 1 or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: (1)(i) Is apparently free of Asian longhorned beetle in any stage of de velopment, based on inspection of the regulated article; or (ii) Has been grown, produced, manu factured, stored, or handled in such a manner that, in the judgment of the in spector, the regulated article does not present a risk of spreading Asian longhorned beetle; and (2) Is to be moved in compliance with any additional conditions deemed nec essary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 to pre vent the artificial spread of the Asian longhorned beetle; and (3) Is eligible for unrestricted move ment under all other Federal domestic plant quarantines and regulations ap plicable to the regulated articles. (b) An inspector or a person oper ating under a compliance agreement will issue a limited permit for the interstate movement of a regulated ar ticle not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific proc essing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of Asian longhorned beetle because Asian longhorned beetle will be destroyed by the specific processing, handling, or utilization; and (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under sec tion 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the Asian longhorned beetle; and (3) Is eligible for unrestricted move ment under all other Federal domestic plant quarantines and regulations ap plicable to the regulated article. (c) An inspector shall issue blank cer tificates and limited permits to a per son operating under a compliance agreement in accordance with § 301.51–6 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 57 Animal and Plant Health Inspection Service, USDA § 301.51–8 3 Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local of fices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 4 See footnote 1 to § 301.51–5. or authorize reproduction of the cer tificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and lim ited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the cer tificate or limited permit has not com plied with this subpart or any condi tions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances per mit. Any person whose certificate or limited permit has been cancelled may appeal the decision in writing to the Administrator within 10 days after re ceiving the written cancellation no tice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in decid ing the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Adminis trator will grant or deny the appeal, in writing, stating the reasons for the de cision. [62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001] § 301.51–6 Compliance agreements and cancellation. (a) Persons engaged in growing, han dling, or moving regulated articles interstate may enter into a compliance agreement 3 if such persons review with an inspector each stipulation of the compliance agreement. Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any conditions imposed under this subpart. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector deter mines that the person who has entered into the compliance agreement has not complied with this subpart or any con ditions imposed under this subpart. If the cancellation is oral, the cancella tion will become effective imme diately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as cir cumstances permit. Any person whose compliance agreement has been can celled may appeal the decision in writ ing to the Administrator within 10 days after receiving the written cancella tion notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any ma terial fact. Rules of practice for the hearing will be adopted by the Admin istrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. § 301.51–7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the serv ices from an inspector 4 at least 48 hours before the services are needed. (b) The regulated articles must be as sembled at the place and in the manner that the inspector designates as nec essary to comply with this subpart. § 301.51–8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plain ly marked with the name and address of the consignor and the name and ad dress of the consignee and must have the certificate or limited permit issued for the interstate movement of a regu lated article securely attached at all times during interstate movement to: (1) The outside of the container en casing the regulated article; VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 58 7 CFR Ch. III (1–1–17 Edition) § 301.51–9 1 The articles hereby exempted remain sub ject to applicable restrictions under other quarantines and must have not been exposed to pink bollworm infestation after ginning or compression as prescribed. (2) The article itself, if it is not in a container; or (3) The consignee’s copy of the ac companying waybill; Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the cer tificate or limited permit authorizing interstate movement of a regulated ar ticle to the consignee at the destina tion of the shipment. § 301.51–9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. Subpart—Pink Bollworm SOURCE: 32 FR 16385, Nov. 30, 1967, unless otherwise noted. QUARANTINE AND REGULATIONS § 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.)): Ari zona, California, New Mexico, and Texas. (b) Regulated articles. No common car rier or other person shall move inter state from any quarantined State any regulated article, except in accordance with this subpart. The following are regulated articles: (1) Cotton and wild cotton, including all parts of these plants. (2) Seed cotton. (3) Cottonseed. (4) American-Egyptian (long-staple) varieties of cotton lint, linters, and lint cleaner waste; except: 1 (i) American-Egyptian cotton lint, linters, and lint cleaner waste com pressed to a density of at least 22 pounds per cubic foot. (ii) Trade samples of American-Egyp tian cotton lint and linters. (5) Cotton waste produced at cotton gins and cottonseed oil mills. (6) Cotton gin trash. (7) Used bagging and other used wrap pers for cotton. (8) Used cotton harvesting equipment and used cotton ginning and used cot ton oil mill equipment. (9) Kenaf, including all parts of the plants. (10) Okra, including all parts of these plants, except: (i) Canned or frozen okra; or (ii) Okra seed; and (iii) Fresh, edible fruits of okra: (A) During December 1 through May 15 if moved interstate, but only during January 1 through March 15 if moved to California. (B) During May 16 through November 30, if moved interstate to any portion of Illinois, Kentucky, Missouri, or Vir ginia that is north of the 38th parallel; or to any destination in Colorado, Con necticut, Delaware, District of Colum bia, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Ne braska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Or egon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Wash ington, West Virginia, Wisconsin, or Wyoming. (11) Any other product, article, or means of conveyance not covered by paragraphs (b)(1) through (10) of this section, when an inspector determines that it presents a risk of spread of the pink bollworm and the person in pos session of the product, article, or means of conveyance has actual notice that it is subject to the restrictions of this subpart. [32 FR 16385, Nov. 30, 1967] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.52, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.52–1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 59 Animal and Plant Health Inspection Service, USDA § 301.52–2 may demand. The following terms, when used in this subpart, shall be con strued, respectively to mean: Certificate. A document issued or au thorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the re quirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the oper ations of such person. Deputy Administrator. The Deputy Ad ministrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Serv ice to whom authority to act in his stead has been or may hereafter be del egated. Generally infested area. Any part of a regulated area not designated as a sup pressive area in accordance with § 301.52–2. Infestation. The presence of the pink bollworm or the existence of cir cumstances that make it reasonable to believe that pink bollworm is present. Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agri culture, or other person authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart. Interstate. From any State, territory, or district of the United States into or through any other State, territory, or district of the United States (including Puerto Rico). Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertified regulated articles to a specified destination for limited han dling, utilization, or processing or for treatment. Moved (movement, move). Shipped, of fered for shipment to a common car rier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. ‘‘Move ment’’ and ‘‘move’’ shall be construed accordingly. Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. Pink bollworm. The live insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development. Regulated area. Any quarantined State, territory, or district, or any por tion thereof, listed as a regulated area in § 301.52–2a by the Deputy Adminis trator in accordance with § 301.52–2(a). Regulated articles. Any articles de scribed in § 301.52(b). Restricted destination permit. A docu ment issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certified under all applicable Federal domestic plant quarantines to a speci fied destination for other than sci entific purposes. Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes. Suppressive area. That part of a regu lated area where eradication of infesta tion is undertaken as an objective, as designated by the Deputy Adminis trator under § 301.52–2(a). [32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 17, 1987; 67 FR 34818, May 16, 2002; 70 FR 33268, June 7, 2005] § 301.52–2 Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas. The Deputy Administrator shall pub lish and amend from time to time as the facts warrant, the following lists: (a) List of regulated areas and suppres sive or generally infested areas. The Dep uty Administrator shall list as regu lated areas in a supplemental regula tion designated as § 301.52–2a, the quar antined States, territories, or districts, or portions thereof, in which pink VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 60 7 CFR Ch. III (1–1–17 Edition) § 301.52–2a 2 Requirements under all other applicable Federal domestic plant quarantines must also be met. bollworm has been found or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine en forcement purposes from infested local ities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions thereof in § 301.52–1. Less than an entire quar antined State, territory, or district will be designated as a regulated area only if the Deputy Administrator is of the opinion that: (1) The State, territory, or district has adopted and is enforcing a quar antine or regulations which imposes re strictions on the intrastate movement of the regulated articles which are sub stantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State, territory, or district, as a regulated area will otherwise be ade quate to prevent the interstate spread of the pink bollworm. [32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987] § 301.52–2a Regulated areas; suppres sive and generally infested areas. The civil divisions and part of civil divisions described below are des ignated as pink bollworm regulated areas within the meaning of the provi sions of this subpart; and such regu lated areas are hereby divided into gen erally infested areas or suppressive areas as indicated below. ARIZONA (1) Generally infested area. Entire State. (2) Suppressive area. None. CALIFORNIA (1) Generally infested area. Imperial County. The entire county. Inyo County. The entire county. Los Angeles County. The entire county. Orange County. The entire county. Riverside County. The entire county. San Bernardino County. The entire county. San Diego County. The entire county. (2) Suppressive area. Fresno County. The entire county. Kern County. The entire county. Kings County. The entire county. Madera County. The entire county. Merced County. The entire county. San Benito County. The entire county. Tulare County. The entire county. NEW MEXICO (1) Generally infested area. Entire State. (2) Suppressive area. None. TEXAS (1) Generally infested area. Entire State. (2) Suppressive area. None. [42 FR 13533, Mar. 11, 1977] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.52–2a, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.52–3 Conditions governing the interstate movement of regulated articles from quarantined States. 2 Any regulated articles may be moved interstate from any quarantined State under the following conditions: (a) From any regulated area, with certificate or permit issued and at tached in accordance with §§ 301.52–4 and 301.52–7 if moved: (1) From any regulated area into or through any point outside of the regu lated areas; or (2) From any generally infested area into or through any suppressive area; or (3) Between any noncontiguous sup pressive areas; or (4) Between contiguous suppressive areas when it is determined by the in spector that the regulated articles present a hazard of the spread of the pink bollworm and the person in pos session thereof has been so notified; or (b) From any regulated area, without certificate or permit if moved; (1) From a generally infested area to a contiguous generally infested area; or (2) From a suppressive area to a con tiguous generally infested area; or (3) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an in spector that a hazard of spread of the pink bollworm exists; or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 61 Animal and Plant Health Inspection Service, USDA § 301.52–4 (4) Through or reshipped from any regulated area if the articles origi nated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained and they have been safeguarded against infestation while in the regulated area in a manner sat isfactory to the inspector; or (c) From any area outside the regu lated areas, without a certificate or permit if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. [32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987; 70 FR 33268, June 7, 2005] § 301.52–4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles by any inspector if he determines that they are eligible for certification for movement to any des tination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Upon examination, have been found to be free of infestation; or (3) Have been treated to destroy in festation in accordance with part 305 of this chapter; or (4) Have been grown, produced, manu factured, stored, or handled in such manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate move ment of regulated articles, not eligible for certification under this subpart, to specified destinations for limited han dling, utilization, or processing, or for treatment in accordance with part 305 of this chapter, when upon evaluation of the circumstances involved in each specific case the inspector determines that such movement will not result in the spread of the pink bollworm and re quirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement of regulated articles to any destination permitted under all applicable Federal domestic plant quarantines (for other than sci entific purposes) if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this sub part. (d) Scientific permits may be issued by the Deputy Administrator to allow the interstate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Deputy Ad ministrator. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subse quent shipments provided such person is operating under a compliance agree ment; and any such person may be au thorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms, or reproductions of such forms, for the interstate move ment of regulated articles from the premises of such person identified in the compliance agreement if such per son has made one of the determination specified in paragraph (a) of this sec tion with respect to such articles. Any such person may use the limited per mit forms, or reproductions of such forms, for interstate movement of reg ulated articles to specific destinations authorized by the inspector in accord ance with paragraph (b) of this section. Any such person may use the restricted destination permit forms, or reproduc tions of such forms, for the interstate movement of regulated articles not eli gible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this sec tion. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if the in spector determines that the holder VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 62 7 CFR Ch. III (1–1–17 Edition) § 301.52–5 thereof has not complied with any con dition for the use of such document im posed by this subpart. [32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005] § 301.52–5 Compliance agreements; and cancellation thereof. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Ad ministrator or an inspector. (b) Any compliance agreement may be cancelled by the inspector who is su pervising its enforcement whenever the inspector finds, after notice and rea sonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. [32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005] § 301.52–6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or re productions thereof, under § 301.52–4(e)) who desire to move interstate regu lated articles which must be accom panied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector des ignates to facilitate inspection. § 301.52–7 Attachment and disposition of certificates or permits. (a) If a certificate or permit is re quired for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is at tached to the waybill or other shipping document, and the regulated articles are adequately described on the certifi cate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or per mits shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.52–8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and pink bollworms as provided sec tions 414, 421, and 434 of the Plant Pro tection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator. [32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001] § 301.52–9 Movement of live pink bollworms. Regulations requiring a permit for, and otherwise governing the movement of live pink bollworms in interstate or foreign commerce are contained in the Federal Plant Pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Adminis trator. § 301.52–10 Nonliability of the Depart ment. The U.S. Department of Agriculture disclaims liability for any costs inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart—Emerald Ash Borer SOURCE: 68 FR 59088, Oct. 8, 2003, unless otherwise noted. § 301.53–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Certificate. A document that is issued for a regulated article by an inspector VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 63 Animal and Plant Health Inspection Service, USDA § 301.53–3 or by a person operating under a com pliance agreement and that represents that such article is eligible for inter state movement in accordance with § 301.53–5(a). Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions im posed under this subpart. Emerald ash borer. The insect known as emerald ash borer (Agrilus planipennis [Coleoptera: Buprestidae]) in any stage of development. Infestation. The presence of the emer ald ash borer or the existence of cir cumstances that make it reasonable to believe that the ash borer is present. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, or other individual authorized by the Administrator to enforce the provi sions of this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or a person operating under a compliance agreement affirms that the regulated article not eligible for a certificate is eligible for inter state movement only to a specified des tination and in accordance with condi tions specified on the permit. Moved (movement, move). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Quarantined area. Any State, or any portion of a State, listed in § 301.53–3(c) or otherwise designated as a quar antined area in accordance with § 301.53–3(b). Regulated article. Any article listed in § 301.53–2(a) or otherwise designated as a regulated article in accordance with § 301.53–2(b). State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.53–2 Regulated articles. The following are regulated articles: (a) The emerald ash borer; firewood of all hardwood (non-coniferous) spe cies; nursery stock, green lumber, and other material living, dead, cut, or fall en, including logs, stumps, roots, branches, and composted and uncomposted chips of the genus Fraxinus. (b) Any other article, product, or means of conveyance not listed in para graph (a) of this section may be des ignated as a regulated article if an in spector determines that it presents a risk of spreading emerald ash borer and notifies the person in possession of the article, product, or means of convey ance that it is subject to the restric tions of the regulations. [68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005] § 301.53–3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Ad ministrator will list as a quarantined area in paragraph (c) of this section each State or each portion of a State in which the emerald ash borer has been found by an inspector, in which the Ad ministrator has reason to believe that the emerald ash borer is present, or that the Administrator considers nec essary to regulate because of its in separability for quarantine enforce ment purposes from localities where emerald ash borer has been found. Less than an entire State will be designated as a quarantined area only if the Ad ministrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the emerald ash borer. (b) The Administrator or an inspec tor may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 64 7 CFR Ch. III (1–1–17 Edition) § 301.53–3 specified in paragraph (a) of this sec tion. The Administrator will give writ ten 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 re sponsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily des ignated as a quarantined area is sub ject to this subpart. As soon as prac ticable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of pub licly owned land, the person respon sible for the management of, an area for which the designation is terminated will be given written notice of the ter mination as soon as practicable. (c) The following areas are des ignated as quarantined areas: Arkansas Ashley County. The entire county. Bradley County. The entire county. Calhoun County. The entire county. Clark County. The entire county. Cleveland County. The entire county. Columbia County. The entire county. Dallas County. The entire county. Drew County. The entire county. Garland County. The entire county. Grant County. The entire county. Hempstead County. The entire county. Hot Spring County. The entire county. Howard County. The entire county. Jefferson County. The entire county. Lafayette County. The entire county. Lincoln County. The entire county. Little River County. The entire coun ty. Miller County. The entire county. Montgomery County. The entire coun ty. Nevada County. The entire county. Ouachita County. The entire county. Pike County. The entire county. Saline County. The entire county. Sevier County. The entire county. Union County. The entire county. Colorado Boulder County. The entire county. Boulder County/Larimer County. The 15 acre property at 8200 Highway 7 on the Boulder County/Larimer County line. Jefferson County. The portion of Jef ferson County that is bounded by a line starting at the Boulder County line proceeding south along the west side of CO–93 to West 80th Avenue; then east on W. 80th Avenue (Lyden Road) to the Northwest Boundary marker of Pettridge Park; then northeast from the Pettridge Park boundary marker, crossing W. 80th Avenue, to the east fence line, crossing the riparian area, and east wind fence of the landfill; then north along the east fence line of the power generation facility; then north, crossing the railroad tracks, following the fence and power lines to CO–72 (Coal Creek Hwy); then north, crossing CO–72, following the power line along the west side of the cell tower site to the Southwest Boundary marker of De partment of Interior, U.S. Fish and Wildlife Service, Rocky Flats National Wildlife Refuge (RFNWR); continuing north along the west fence line of RFNWR to the east fence line of Na tional Renewable Energy Laboratory, Wind Technology Center to CO–128 (West 120th Avenue) to the Boulder County line. Weld County. The Township of Erie. Connecticut The entire State. District of Columbia The entire district. Georgia Clayton County. The entire county. Cobb County. The entire county. DeKalb County. The entire county. Fayette County. The entire county. Fulton County. The entire county. Gwinnett County. The entire county. Henry County. The entire county. Newton County. The entire county. Rockdale County. The entire county. Walton County. The entire county. Whitfield County. The entire county. Illinois The entire State. Indiana The entire State. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 65 Animal and Plant Health Inspection Service, USDA § 301.53–3 Iowa The entire State. Kansas Johnson County. The entire county. Leavenworth County. The entire coun ty. Wyandotte County. The entire county. Kentucky The entire State. Maryland Allegany County. The entire county. Anne Arundel County. The entire county. Baltimore City. The entire city. Baltimore County. The entire county. Calvert County. The entire county. Carroll County. The entire county. Charles County. The entire county. Fredrick County. The entire county. Garrett County. The entire county. Harford County. The entire county. Howard County. The entire county. Montgomery County. The entire coun ty. Prince George’s County. The entire county. Saint Mary’s County. The entire coun ty. Washington County. The entire coun ty. Massachusetts The entire State. Michigan Upper Peninsula: Alger County. The entire county. Chippewa County. The entire county. [Note: This quarantined area includes tribal land of the Bay Mills Indian Community. Movement of regulated articles on those lands is subject to tribal jurisdiction.] Delta County. The entire county. Houghton County. The entire county. Keweenaw County. The entire county. Luce County. The entire county. Mackinac County. The entire county. Schoolcraft County. The entire county. Lower Peninsula: All counties, in their en tirety (i.e., Alcona, Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton, Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron, Ingham, Ionia, Iosco, Isabella, Jack son, Kalamazoo, Kalkaska, Kent, Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason, Mecosta, Mid land, Missaukee, Monroe, Montcalm, Montmorency, Muskegon, Newaygo, Oak land, Oceana, Ogemaw, Osceola, Oscoda, Ot sego, Ottawa, Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph, Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties). Minnesota Dakota County. The entire county. Hennepin County. The entire county. Houston County. The entire county. Olmsted County. The entire county. Ramsey County. The entire county. Winona County. The entire county. Missouri The entire State. New Hampshire Hillsborough County. The entire coun ty. Merrimack County. The entire county. Rockingham County. The entire coun ty. New York The entire State. North Carolina Granville County. The entire county. Person County. The entire county. Vance County. The entire county. Warren County. The entire county. Ohio The entire State. Pennsylvania The entire State. Tennessee Anderson County. The entire county. Blount County. The entire county. Bradley County. The entire county. Campbell County. The entire county. Carter County. The entire county. Claiborne County. The entire county. Clay County. The entire county. Cocke County. The entire county. Davidson County. The entire county. Fentress County. The entire county. Grainger County. The entire county. Greene County. The entire county. Hamblen County. The entire county. Hamilton County. The entire county. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 66 7 CFR Ch. III (1–1–17 Edition) § 301.53–4 Hancock County. The entire county. Hawkins County. The entire county. Jackson County. The entire county. Jefferson County. The entire county. Johnson County. The entire county. Knox County. The entire county. Loudon County. The entire county. Macon County. The entire county. McMinn County. The entire county. Meigs County. The entire county. Monroe County. The entire county. Morgan County. The entire county. Overton County. The entire county. Pickett County. The entire county. Polk County. The entire county. Putnam County. The entire county. Rhea County. The entire county. Roane County. The entire county. Scott County. The entire county. Sevier County. The entire county. Smith County. The entire county. Sullivan County. The entire county. Unicoi County. The entire county. Union County. The entire county. Washington County. The entire coun ty. Virginia The entire State. West Virginia The entire State. Wisconsin Adams County. The entire county. Brown County. The entire county. Buffalo County. The entire county. Calumet County. The entire county. Columbia County. The entire county. Crawford County. The entire county. Dane County. The entire county. Dodge County. The entire county. Door County. The entire county. Douglas County. The entire county. Fond du Lac County. The entire county. Grant County. The entire county. Iowa County. The entire county. Jackson County. The entire county. Juneau County. The entire county. Kenosha County. The entire county. Kewaunee County. The entire county. La Crosse County. The entire county. Lafayette County. The entire county. Manitowoc County. The entire county. Milwaukee County. The entire county. Monroe County. The entire county. Oneida County. The entire county. Oneida Indian Reservation. The entire res ervation. Ozaukee County. The entire county. Racine County. The entire county. Richland County. The entire county. Rock County. The entire county. Sheboygan County. The entire county. Trempealeau County. The entire county. Vernon County. The entire county. Walworth County. The entire county. Washington County. The entire county. Waukesha County. The entire county. Winnebago County. The entire county. [68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR 10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24, 2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, Apr. 2, 2007; 72 FR 30460, June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010; 80 FR 43008, July 21, 2018] § 301.53–4 Conditions governing the interstate movement of regulated articles from quarantined areas. Regulated articles may be moved interstate from a quarantined area only if moved under the following con ditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.53–5 and 301.53–8; (b) Without a certificate or limited permit if: (1) The regulated article is moved by the United States Department of Agri culture for experimental or scientific purposes; or (2) The regulated article originates outside the quarantined area and is moved interstate through the quar antined area under the following condi tions: (i) The points of origin and destina tion are indicated on a waybill accom panying the regulated article; and (ii) The regulated article, if moved through the quarantined area during the period of May 1 through August 31 or when the ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle or is completely covered to pre vent access by the EAB; and (iii) The regulated article is moved directly through the quarantined area without stopping (except for refueling or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by emerald ash borer; and (iv) The article has not been com bined or commingled with other arti cles so as to lose its individual iden tity. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 67 Animal and Plant Health Inspection Service, USDA § 301.53–5 1 Inspectors are assigned to local offices of APHIS, which are listed in the local tele phone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 423 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). § 301.53–5 Issuance and cancellation of certificates and limited permits. (a) An inspector 1 or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article if he or she determines that the regulated article: (1)(i) Is apparently free of EAB, based on inspection; or the article or (ii) Has been grown, produced, manu factured, stored, or handled in a man ner that, in the judgment of the inspec tor, prevents the regulated article from presenting a risk of spreading EAB; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protec tion Act (7 U.S.C. 7714) 2 in order to pre vent the artificial spread of emerald ash borer; and (3) Is eligible for unrestricted move ment under all other Federal domestic plant quarantines and regulations ap plicable to the regulated articles. (b) An inspector or a person oper ating under a compliance agreement will issue a limited permit for the interstate movement of a regulated ar ticle not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific proc essing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of emerald ash borer be cause emerald ash borer will be de stroyed by the specific processing, han dling, or utilization; and (2) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protec tion Act (7 U.S.C. 7714) in order to pre vent the spread of emerald ash borer; and (3) Is eligible for unrestricted move ment under all other Federal domestic plant quarantines and regulations ap plicable to the regulated article. (c) An inspector shall issue blank cer tificates and limited permits to a per son operating under a compliance agreement in accordance with § 301.53–6 or authorize reproduction of the cer tificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and lim ited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the cer tificate or limited permit has not com plied with this subpart or any condi tions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances per mit. Any person whose certificate or limited permit has been canceled may appeal the decision in writing to the Administrator within 10 days after re ceiving the written cancellation no tice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in decid ing the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Adminis trator will grant or deny the appeal, in writing, stating the reasons for the de cision. (Approved by the Office of Management and Budget under control number 0579–0233) VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 68 7 CFR Ch. III (1–1–17 Edition) § 301.53–6 3 Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and telephone numbers of local of fices are listed in local telephone directories and may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 20737–1236. 4 See footnote 1 to § 301.53–5. § 301.53–6 Compliance agreements and cancellation. (a) Persons engaged in growing, han dling, or moving regulated articles interstate may enter into a compliance agreement 3 if such persons review with an inspector each provision of the com pliance agreement. Any person who en ters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any con ditions imposed under this subpart. (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector deter mines that the person who has entered into the compliance agreement has not complied with this subpart or any con ditions imposed under this subpart. If the cancellation is oral, the cancella tion will become effective imme diately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as cir cumstances permit. Any person whose compliance agreement has been can celed may appeal the decision in writ ing to the Administrator within 10 days after receiving the written cancella tion notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any ma terial fact. Rules of practice for the hearing will be adopted by the Admin istrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579–0233) § 301.53–7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the serv ices from an inspector 4 at least 48 hours before the services are needed. (b) The regulated articles must be as sembled at the place and in the manner that the inspector designates as nec essary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579–0233) § 301.53–8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plain ly marked with the name and address of the consignor and the name and ad dress of the consignee and must have the certificate or limited permit issued for the interstate movement of a regu lated article securely attached at all times during interstate movement to: (1) The regulated article; (2) The container carrying the regu lated article; or (3) The consignee’s copy of the ac companying waybill: Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to iden tify the regulated article; and (b) The carrier must furnish the cer tificate or limited permit authorizing interstate movement of a regulated ar ticle to the consignee at the destina tion of the shipment. (Approved by the Office of Management and Budget under control number 0579–0233) § 301.53–9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. Subpart—South American Cactus Moth SOURCE: 74 FR 27073, June 8, 2009, unless otherwise noted. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 69 Animal and Plant Health Inspection Service, USDA § 301.55–2 1 Any properly identified inspector is au thorized, upon probable cause, to stop and inspect persons and means of conveyance moving in interstate commerce and to hold, seize, quarantine, treat, apply other reme dial measures to, destroy, or otherwise dis pose of regulated articles as provided in sec tions 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). 2 Permit and other requirements for the interstate movement of South American cac tus moths are contained in part 330 of this chapter. § 301.55 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated ar ticle except in accordance with this subpart. 1 § 301.55–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Cactus plants. Any of various fleshy stemmed plants of the botanical family Cactaceae. Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of South American cactus moth and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this sub part. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate move ment of the regulated article identified on the document is for scientific or ex perimental purposes and that the regu lated article is eligible for interstate movement in accordance with § 301.55– 4(c). Infestation. The presence of the South American cactus moth or the existence of circumstances that makes it reason able to believe that the South Amer ican cactus moth may be present. Inspector. Any employee of APHIS or other person authorized by the Admin istrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.55– 5(b) only to a specified destination and only in accordance with specified con ditions. Moved (move, movement). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine (PPQ). The Plant Protection and Quar antine program of the Animal and Plant Health Inspection Service, United States Department of Agri culture. Quarantined area. Any State, or any portion of a State, listed in § 301.55–3(c) or otherwise designated as a quar antined area in accordance with § 301.55–3(b). Regulated article. Any article listed in § 301.55–2(a) or (b), or otherwise des ignated as a regulated article in ac cordance with § 301.55–2(c). South American cactus moth. The live insect known as the South American cactus moth, Cactoblastis cactorum, in any life stage (egg, larva, pupa, adult). State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.55–2 Regulated articles. The following are regulated articles: (a) The South American cactus moth, in any living stage of its development. 2 (b) Cactus plants or parts thereof (ex cluding seeds and canned, preserved, or frozen pads or fruits) of the following genera: Consolea, Cylindropuntia, Nopalea, and Opuntia. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 70 7 CFR Ch. III (1–1–17 Edition) § 301.55–3 3 Requirements under all other applicable Federal domestic plant quarantines and reg ulations must also be met. (c) Any other product, article, or means of conveyance not listed in para graphs (a) or (b) of this section that an inspector determines presents a risk of spreading the South American cactus moth, after the inspector provides written notification to the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart. § 301.55–3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Ad ministrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the South American cactus moth has been found by an inspector, in which the Administrator has reason to believe that the South American cactus moth is present, or that the Ad ministrator considers necessary to quarantine because of its insepa rability for quarantine enforcement purposes from localities where South American cactus moth has been found. Less than an entire State will be des ignated as a quarantined area only if the Administrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate move ment 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 inspec tor may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give a copy of this regulation along with written notice of the temporary designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the man agement of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quar antined area will be subject to this sub part. As soon as practicable, the area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Adminis trator or an inspector. The owner or person in possession of, or, in the case of publicly owned land, the person re sponsible for the management of, an area for which designation is termi nated will be given written notice of the termination as soon as practicable. (c) The following areas are des ignated as quarantined areas: The States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South Caro lina. [74 FR 27073, June 8, 2009, as amended at 75 FR 41074, July 15, 2010] § 301.55–4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 3 only if moved under the following con ditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.555 and 301.55–8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is ei ther moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent ac cess by South American cactus moths while moving through the quarantined area; and (2) The point of origin of the regu lated article is indicated on the way bill, and the enclosed vehicle or the en closure that contains the regulated ar ticle is not opened, unpacked, or un loaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated articles are cac tus pads and fruits for consumption from outside the quarantined area that are being moved in accordance with the VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 71 Animal and Plant Health Inspection Service, USDA § 301.55–5 4 Services of an inspector may be requested by contacting local offices of Plant Protec tion and Quarantine, which are listed in tele phone directories. protocols described in a compliance agreement (see § 301.55–6(a)) to a com mercial food warehouse or distribution center within the quarantined area and the regulated articles remain enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cac tus moths while within the quar antined area: and (d) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or sci entific purposes; (2) Pursuant to a departmental per mit issued by the Administrator for the regulated article; (3) Under conditions specified on the departmental permit and found by the Administrator to be adequate to pre vent the spread of the South American cactus moth; and (4) With a tag or label bearing the number of the departmental permit issued for the regulated article at tached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container. § 301.55–5 Issuance and cancellation of certificates and limited permits. (a) An inspector 4 may issue a certifi cate for the interstate movement of a regulated article if the inspector deter mines that: (1) The regulated article to be moved and all other regulated articles on the premises have been grown and main tained indoors in a shadehouse or greenhouse and no other cactus moth host material exists on the premises outside of a shadehouse or greenhouse; (2) The regulated article to be moved and all other regulated articles on the premises are maintained on benches that are kept separate from benches containing non-host material; (3) The regulated article to be moved and all other regulated articles on the premises have been placed on a 21-day insecticide spray cycle and have been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid if maintained in the nurs ery for longer than 21 days; (4) The regulated article to be moved has been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to 5 days prior to shipment and inspected and found free of cactus moth egg sticks and larval damage; and (5) If the regulated article was moved into the premises from another prem ises in a quarantined area listed in § 301.55–3, it was immediately placed in side the shadehouse or greenhouse and sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid within 24 hours. (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector de termines that: (1) The regulated article is to be moved interstate to a specified destina tion for specified handling, processing, or utilization (the destination and other conditions to be listed in the lim ited permit), and this interstate move ment will not result in the spread of the South American cactus moth be cause life stages of the South American cactus moth will be destroyed by the specified handling, processing, or utili zation; (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under sec tion 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the South American cactus moth; and (3) It is eligible for unrestricted movement under all other Federal do mestic plant quarantines and regula tions applicable to the regulated arti cle. (c) Certificates and limited permits for the interstate movement of regu lated articles may be issued by an in spector or person operating under a compliance agreement. A person oper ating under a compliance agreement may issue a certificate or limited per mit for interstate movement of a regu lated article after an inspector has de termined that the regulated article is eligible for a certificate or limited per mit in accordance with paragraphs (a) or (b) of this section. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 72 7 CFR Ch. III (1–1–17 Edition) § 301.55–6 5 Compliance agreement forms are avail able without charge from local Plant Protec tion and Quarantine offices, which are listed in telephone directories. 6 See footnote 4. (d) Any certificate or limited permit that has been issued may be canceled, either orally or in writing, by an in spector whenever the inspector deter mines that the holder of the limited permit has not complied with this sub part or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as cir cumstances permit. Any person whose certificate or limited permit has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written can cellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to con sider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Ad ministrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the rea sons for the decision. (Approved by the Office of Management and Budget under control number 0579–0337) § 301.55–6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agree ment when an inspector determines that the person is aware of this sub part, agrees to comply with its provi sions, and agrees to comply with all the provisions contained in the compli ance agreement. 5 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart or the terms of the compliance agree ment. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writ ing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may ap peal the decision, in writing, to the Ad ministrator, within 10 days after re ceiving written notification of the can cellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compli ance agreement was wrongfully can celed. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579–0337) § 301.55–7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue limited permits under § 301.555(c)) who desires a certifi cate or limited permit to move a regu lated article interstate must request an inspector 6 to examine the articles as far in advance of the desired inter state movement as possible, but no less than 48 hours before the desired inter state movement. (b) The regulated article must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. § 301.55–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated ar ticle; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee’s copy of the accompanying waybill. If the certificate or limited permit is at tached to the consignee’s copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 73 Animal and Plant Health Inspection Service, USDA § 301.74–1 1 Any properly identified inspector is au thorized to stop and inspect persons and means of conveyance and to seize, qurantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of regulated arti cles a provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). (b) The certificate or limited permit for the interstate movement of a regu lated article must be furnished by the carrier or the carrier’s representative to the consignee listed on the certifi cate or limited permit upon arrival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579–0337) § 301.55–9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for all costs or charges incident to inspec tions or compliance with the provisions of the quarantine and regulations in this subpart, other than for the serv ices of the inspector. Subpart—Plum Pox SOURCE: 65 FR 35264, June 2, 2000, unless otherwise noted. § 301.74 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated ar ticle except in accordance with this subpart. 1 [65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001] § 301.74–1 Definitions. The following definitions apply to this subpart. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agri culture. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate move ment of the regulated article identified on the document is for scientific or ex perimental purposes and that the regu lated article is eligible for interstate movement in accordance with § 301.74–4 of this subpart. Infestation (infested, infected). The presence of plum pox or circumstances or symptoms that makes it reasonable to believe that plum pox is present. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice, United States Department of Agri culture, or other person authorized by the Administrator to enforce this sub part. Interstate. From any State into or through any other State. Moved (move, movement). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine. Plant Protection and Quarantine, Ani mal and Plant Health Inspection Serv ice, United States Department of Agri culture. Plum pox. A plant disease caused by plum pox potyvirus that can affect many Prunus (stone fruit) species, in cluding, but not limited to, almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The strain of plum pox in Pennsylvania does not af fect cherry trees. Quarantined area. Any State, or any portion of a State, listed in § 301.74–3(c) of this subpart or otherwise designated as a quarantined area in accordance with § 301.74–3(b) of this subpart. Regulated article. Any article listed in § 301.74–2(a) or otherwise designated as a regulated article in accordance with § 301.74–2(b), based on its susceptibility to the form or strain of plum pox de tected in the quarantined area. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 74 7 CFR Ch. III (1–1–17 Edition) § 301.74–2 § 301.74–2 Regulated articles. The following are regulated articles: (a) All plant material and plant parts of Prunus (stone fruit) species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. subhirtella, P. yedoensis, and P. virginiana, except for seeds and fruit that is free of leaves and other plant parts. This includes, but is not limited to, trees, seedlings, root stock, budwood, branches, twigs, and leaves. (b) Any other product or article that an inspector determines to present a risk of spreading plum pox when the in spector notifies the person in posses sion of the product or article that it is subject to the restrictions in the regu lations. § 301.74–3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Ad ministrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which plum pox has been detected through inspection and laboratory testing, or in which the Administrator has reason to believe that plum pox is present, or that the Administrator con siders necessary to quarantine because of its inseparability for quarantine en forcement purposes from localities in which plum pox has been detected. Less than an entire State will be designated as a quarantined area if the Adminis trator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated arti cles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of plum pox. (b) The Administrator or an inspec tor may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with paragraph (a) of this section. The Ad ministrator will give a copy of this reg ulation 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 des ignated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which the quarantine designa tion is terminated will be given notice of the termination as soon as prac ticable. (c) The areas described below are des ignated as quarantined areas: NEW YORK Niagara County. (1) That area of Niagara County in the Towns of Burt, Newfane, and Wilson bordered on the north by Lake On tario; bordered on the west by Maple Road; then south on Maple Road to Wilson-Burt Road; then east on Wilson-Burt Road to Beebe Road; then south on Beebe Road to Ide Road; then east on Ide Road to Route 78 (Lockport-Olcott Road); then north on Route 78 (Lockport-Olcott Road) to the Lake Ontario shoreline. (2) That area of Niagara County in the Town of Lewiston bordered on the west by Porter Center Road starting at its intersec tion with Route 104 (Ridge Road); then north-northeast on Porter Center Road to Langdon Road; then east on Langdon Road to Dickersonville Road; then north on Dickersonville Road to Schoolhouse Road; then east on Schoolhouse Road to Ransomville Road; then south on Ransomville Road to Route 104 (Ridge Road); then northeast on Route 104 (Ridge Road) to Simmons Road; then south on Simmons Road to Albright Road; then east on Albright Road to Townline Road; then south on Townline Road to Lower Mountain Road; then west on Lower Mountain Road to Mey ers Hill Road; then south on Meyers Hill Road to Upper Mountain Road; then west on Upper Mountain Road to Indian Hill Road; then northeast on Indian Hill Road to Route 104 (Ridge Road); then east on Route 104 (Ridge Road) to Porter Center Road. (3) That area of Niagara County bordered on the north by Lake Ontario and on the east by Keg Creek; then south on Keg Creek to Route 18 (Lake Road); then east on Route 18 (Lake Road) to Hess Road; then south on Hess Road to Drake Settlement Road; then west on Drake Settlement Road to Transit Road; then north on Transit Road to Route 18 (Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road; then north on Lockport Olcott Road to the Lake On tario shoreline. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 75 Animal and Plant Health Inspection Service, USDA § 301.74–5 2 Requirements under all other applicable Federal domestic plant quarantines and reg ulations must also be met. Orleans County. That area of Orleans County in the Towns of Ridgeway and Gaines bor dered on the north by Route 104 (Ridge Road) at its intersection with Eagle Har bor Waterport Road; then south on Eagle Harbor Waterport Road to Eagle Habor Knowlesville Road; then west on Eagle Harbor Knowlesville Road to Presbyterian Road; then southwest on Presbyterian Road to Longbridge Road; then south on Longbridge Road to State Route 31; then west on State Route 31 to Wood Road; then south on Wood Road to West County House Road; then west on West County House Road to Maple Ridge Road; then west on Maple Ridge Road to Culvert Road; then north on Culvert Road to Telegraph Road; then west on Telegraph Road to Beales Road; then north on Beales Road to Por tage Road; then east on Portage Road to Culvert Rd; then north on Culvert Road to Route 104 (Ridge Road). Wayne County. (1) That area of Wayne Coun ty in the Town of Sodus bordered on the north by Lake Road at its intersection with Redman Road; then east on Lake Road to Maple Avenue; then south on Maple Avenue to Middle Road; then west on Middle Road to Rotterdam Road; then south on Rotterdam Road to State Route 104; then west on State Route 104 to Pratt Road; then south on Pratt Road to Ridge Road; then west on Ridge Road to Richard son Road; then south on Richardson Road to Tripp Road; then south on Tripp Road to Podger Road; then west on Podger Road to East Townline Road; then north on East Townline Road to Everdyke Road; then west on Everdyke Road to Russell Road; then south on Russell Road to Pearsall Road; then west on Pearsall Road to State Route 21; then north on State Route 21 to State Route 104; then east on State Route 104 to East Townline Road; then north on East Townline Road to Van Lare Road; then east on Van Lare Road to Redman Road; then north on Redman Road to Lake Road. (2) That area of Wayne County in the Towns of Ontario and Williamson bordered on the north by Shepard Road at its intersec tion with Fisher Road; then east on Shepard Road to Salmon Creek Road; then southwest on Salmon Creek Road to Kenyon Road; then west on Kenyon Road to Furnace Road; then north on Furnace Road to Putnam Road; then east on Putnam Road to Fisher Road; then north on Fisher Road to Shepard Road. (3) That area of Wayne County in the Town of Sodus beginning on the Sodus Bay shore line at Ridge Road; then west on Ridge Road to Boyd Road; then north on Boyd Road to Sergeant Road; then north on Sergeant Road to Morley Road; then east on Morley Road to State Route 14; then north on State Route 14 to South Shore Road; then east on South Shore Road and continuing to the shoreline of Sodus Bay. [65 FR 35264, June 2, 2000, as amended at 75 FR 81089, Dec. 27, 2010; 76 FR 27219, May 11, 2011] § 301.74–4 Conditions governing the interstate movement of regulated articles from quarantined areas. The interstate movement of any reg ulated article from a quarantined area 2 is prohibited except when: (a) The regulated article is moved by the United States Department of Agri culture: (1) For an experimental or scientific purpose; (2) Pursuant to a Departmental per mit issued by the Administrator for the regulated article; (3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to pre vent the spread of plum pox; and (4) With a tag or label bearing the number of the Departmental permit issued for the regulated article at tached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container; or (b) The regulated article originated outside the quarantined area and: (1) Is moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or other close ly woven cloth) adequate to prevent ac cess by aphids or other transmission agents of plum pox while in the quar antined area; (2) The regulated article’s point of or igin is indicated on the waybill; and (3) The regulated article must not be uncovered, unpacked, or unloaded while moving through the quarantined area. § 301.74–5 Compensation. (a) Eligibility. The following individ uals are eligible to receive compensa tion from the U.S. Department of Agri culture to mitigate losses or expenses incurred because of the plum pox quar antine and emergency actions: (1) Owners of commercial stone fruit or chards. Owners of commercial stone VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 76 7 CFR Ch. III (1–1–17 Edition) § 301.74–5 fruit orchards are eligible to receive compensation for losses associated with the destruction of trees in order to control plum pox pursuant to an emergency action notification issued by the Animal and Plant Health In spection Service (APHIS). (i) Direct marketers. Orchard owners eligible for compensation under this paragraph who market all fruit they produce under the conditions described in this paragraph may receive com pensation at the rates specified in paragraph (b)(1)(i) of this section. In order to be eligible to receive com pensation at the rates specified in paragraph (b)(1)(i) of this section, or chard owners must have marketed fruit produced in orchards subsequently de stroyed because of plum pox under the following conditions: (A) The fruit must have been sold ex clusively at farmers markets or similar outlets that require orchard owners to sell only fruit that they produce; (B) The fruit must not have been marketed wholesale or at reduced prices in bulk to supermarkets or other retail outlets; (C) The fruit must have been mar keted directly to consumers; and (D) Orchard owners must have records documenting that they have met the requirements of this section, and must submit those records to APHIS as part of their application sub mitted in accordance with paragraph (c) of this section. (ii) All other orchard owners. Orchard owners eligible for compensation under this paragraph who do not meet the re quirements of paragraph (a)(1)(i) of this section are eligible for compensation only in accordance with paragraph (b)(1)(ii) of this section. (2) Owners of fruit tree nurseries. The owner of a fruit tree nursery will be el igible to receive compensation for net revenue losses associated with the pro hibition on the movement or sale of nursery stock as a result of the issuance of an emergency action notifi cation by APHIS with respect to regu lated articles within the nursery in order to control plum pox. (3) Owners of non-fruit-bearing orna mental tree nurseries. The owner of a non-fruit-bearing ornamental tree nursery will be eligible to receive com pensation for net revenue losses associ ated with the prohibition on the move ment or sale of nursery stock as a re sult of the issuance of an emergency action notification by APHIS with re spect to regulated articles within the nursery in order to control plum pox. (b) Amount of payment. Upon approval of a claim submitted in accordance with paragraph (c) of this section, indi viduals eligible for compensation under paragraph (a) of this section will be paid at the rates indicated in this para graph. (1) Owners of commercial stone fruit or chards—(i) Direct marketers. Owners of commercial stone fruit orchards who APHIS has determined meet the eligi bility requirements of paragraph (a)(1)(i) of this section will be com pensated according to the following table on a per-acre basis at a rate based on the age of the trees destroyed. If the trees were not destroyed by the date specified on the emergency action noti fication, the compensation payment will be reduced by 10 percent and by any tree removal costs incurred by the State or the U.S. Department of Agri culture (USDA). The maximum USDA compensation rate is 85 percent of the loss in value, adjusted for any State provided compensation to ensure total compensation from all sources does not exceed 100 percent of the loss in value. Age of trees (years) Maximum compensation rate ($/acre, equal to 85% of loss in value) based on 3-year fallow period Maximum additional compensation ($/acre, equal to 85% of loss in value) for 4th fallow year Maximum additional compensation ($/acre, equal to 85% of loss in value) for 5th fallow year Less than 1 ........................................................ $3,302 $954 $842 1 ......................................................................... 11,639 1,936 1,721 2 ......................................................................... 16,327 1,936 1,721 3 ......................................................................... 20,725 1,936 1,721 4 ......................................................................... 26,222 1,936 1,721 5 ......................................................................... 28,820 1,936 1,721 6 ......................................................................... 29,592 1,936 1,721 7 ......................................................................... 29,743 1,936 1,721 8 ......................................................................... 29,196 1,936 1,721 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 77 Animal and Plant Health Inspection Service, USDA § 301.74–5 Age of trees (years) Maximum compensation rate ($/acre, equal to 85% of loss in value) based on 3-year fallow period Maximum additional compensation ($/acre, equal to 85% of loss in value) for 4th fallow year Maximum additional compensation ($/acre, equal to 85% of loss in value) for 5th fallow year 9 ......................................................................... 28,581 1,936 1,721 10 ....................................................................... 27,889 1,936 1,721 11 ....................................................................... 27,110 1,936 1,721 12 ....................................................................... 26,234 1,936 1,721 13 ....................................................................... 25,248 1,936 1,721 14 ....................................................................... 24,140 1,936 1,721 15 ....................................................................... 22,892 1,936 1,721 16 ....................................................................... 21,489 1,936 1,721 17 ....................................................................... 20,054 1,936 1,721 18 ....................................................................... 18,582 1,936 1,721 19 ....................................................................... 17,070 1,936 1,721 20 ....................................................................... 15,513 1,936 1,721 21 ....................................................................... 13,905 1,936 1,721 22 ....................................................................... 12,382 1,936 1,721 23 ....................................................................... 10,955 1,936 1,721 24 ....................................................................... 9,638 1,936 1,721 25 ....................................................................... 8,442 1,936 1,721 (ii) All other orchard owners. Owners of commercial stone fruit orchards who meet the eligibility requirements of paragraph (a)(1)(ii) of this section will be compensated according to the fol lowing table on a per-acre basis at a rate based on the age of the trees de stroyed. If the trees were not destroyed by the date specified on the emergency action notification, the compensation payment will be reduced by 10 percent and by any tree removal costs incurred by the State or the U.S. Department of Agriculture (USDA). The maximum USDA compensation rate is 85 percent of the loss in value, adjusted for any State-provided compensation to ensure total compensation from all sources does not exceed 100 percent of the loss in value. Age of trees (years) Maximum compensation rate ($/acre, equal to 85% of loss in value) based on 3-year fallow period Maximum additional compensation ($/acre, equal to 85% of loss in value) for 4th fallow year Maximum additional compensation ($/acre, equal to 85% of loss in value) for 5th fallow year Less than 1 ........................................................ $3,302 $954 $842 1 ......................................................................... 6,959 1,072 953 2 ......................................................................... 10,090 1,072 953 3 ......................................................................... 12,737 1,072 953 4 ......................................................................... 16,263 1,072 953 5 ......................................................................... 17,929 1,072 953 6 ......................................................................... 18,423 1,072 953 7 ......................................................................... 18,519 1,072 953 8 ......................................................................... 18,167 1,072 953 9 ......................................................................... 17,771 1,072 953 10 ....................................................................... 17,325 1,072 953 11 ....................................................................... 16,823 1,072 953 12 ....................................................................... 16,259 1,072 953 13 ....................................................................... 15,625 1,072 953 14 ....................................................................... 14,911 1,072 953 15 ....................................................................... 14,107 1,072 953 16 ....................................................................... 13,204 1,072 953 17 ....................................................................... 12,279 1,072 953 18 ....................................................................... 11,331 1,072 953 19 ....................................................................... 10,356 1,072 953 20 ....................................................................... 9,352 1,072 953 21 ....................................................................... 8,314 1,072 953 22 ....................................................................... 7,330 1,072 953 23 ....................................................................... 6,408 1,072 953 24 ....................................................................... 5,554 1,072 953 25 ....................................................................... 4,777 1,072 953 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00087 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 78 7 CFR Ch. III (1–1–17 Edition) § 301.74–5 (2) Owners of fruit tree nurseries. Own ers of fruit tree nurseries who meet the eligibility requirements of paragraph (a)(2) of this section will be com pensated for up to 85 percent of the net revenues lost from their first and sec ond year crops as the result of the issuance of an emergency action notifi cation which will be calculated as fol lows: (i) First year crop. The net revenue loss for trees that were expected to be sold in the year during which the emer gency action notification was issued (i.e., the first year crop) will be cal culated as (expected number of trees to be sold) × (average price per tree) ¥ (digging, grading, and storage costs) = net revenue lost for first year crop, where: (A) The expected number of trees to be sold equals the number of trees in the field minus 2 percent culls minus 3 percent unsold trees; and (B) The average price per tree is $5.22 for plum and apricot trees and $3.69 for peach and nectarine trees; and (C) Digging, grading and storage costs are $0.10 per tree. (ii) Second year crop. The net revenue loss for trees that would be expected to be sold in the year following the year during which the emergency action no tification was issued (i.e., the second year crop) will be calculated as (expected number of trees to be sold) × (average price per tree) = net revenue lost for second year crop, where: (A) The expected number of trees to be sold equals the number of budded trees in the field minus 20 percent death loss minus 2 percent culls; and (B) The average price per tree is $5.22 for plum and apricot trees and $3.69 for peach and nectarine trees. (3) Owners of non-fruit-bearing orna mental tree nurseries. Owners of non fruit-bearing ornamental tree nurseries who meet the eligibility requirements of paragraph (a)(3) of this section will be compensated for up to 85 percent of the net revenues lost from their crop as the result of the issuance of an emer gency action notification. Net revenues will be calculated using an average price of $10.80 per tree or shrub. (c) How to apply. The form necessary to submit a claim for compensation may be obtained from the National Di rector of the Plum Pox Eradication Program contact listed at http:// www.aphis.usda.gov/plantlhealth/ plantlpestlinfo/plumlpox/index.shtml. Claims for trees or nursery stock de stroyed on or before February 3, 2012 must be received within 60 days after February 3, 2012. Claims for trees or nursery stock destroyed after February 3, 2012 must be received within 60 days after the destruction of the trees or nursery stock. Claims must be sub mitted as follows: (1) Claims by owners of stone fruit or chards who are direct marketers. The completed application must be accom panied by: (i) A copy of the emergency action notification ordering the destruction of the trees and its accompanying inven tory that describes the acreage and ages of trees removed; (ii) Documentation verifying that the destruction of trees has been completed and the date of that destruction; and (iii) Records documenting that the grower meets the eligibility require ments of paragraph (a)(1)(i) of this sec tion. (2) Claims by owners of commercial stone fruit orchards who are not direct marketers. The completed application must be accompanied by a copy of the emergency action notification ordering the destruction of the trees, its accom panying inventory that describes the acreage and ages of trees removed, and documentation verifying that the de struction of trees has been completed and the date of that destruction. (3) Claims by owners of fruit tree nurs eries and owners of non-fruit-bearing or namental tree nurseries. The completed application must be accompanied by a copy of the order prohibiting the sale or movement of the nursery stock, its accompanying inventory that describes the total number of trees and the age and variety, and documentation de scribing the final disposition of the nursery stock. (d) Replanting. Trees of susceptible Prunus species (i.e., Prunus species identified as regulated articles) may not be replanted on premises within a contiguous quarantined area until 3 years from the date the last trees with in that area were destroyed because of VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00088 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 79 Animal and Plant Health Inspection Service, USDA § 301.75–1 plum pox pursuant to an emergency ac tion notification issued by APHIS. (Approved by the Office of Management and Budget under control numbers 0579–0159 and 0579–0251) [65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004; 77 FR 5383, Feb. 3, 2012] Subpart—Citrus Canker SOURCE: 50 FR 51231, Dec. 13, 1985, unless otherwise noted. NOTICE OF QUARANTINE AND REGULATIONS § 301.75–1 Definitions. ACC coverage. The crop insurance coverage against Asiatic citrus canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance Program au thorized by the Federal Crop Insurance Corporation. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any individual author ized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Budded citrus nursery stock. Liners or rootstock citrus plants that have been grafted with a portion of a stem or branch with a vegetative bud (also known as budwood) that are main tained 1 month after grafting or until the plant reaches marketability. Budded container/greenhouse grown cit rus plants. Individual, budded citrus nursery stock maintained in climate controlled greenhouses in 4-or 6-inch diameter pots until it is sold for com mercial use. Budded field grown citrus plants. Indi vidual, budded citrus nursery stock maintained in the fields until it is sold for commercial use. Certificate. An official stamp, form, or other document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area into any area of the United States. Certified citrus nursery stock. Citrus nursery stock, such as trees or plants, grown at a nursery that is in compli ance with State certification require ments and approved for producing cit rus nursery stock for commercial sale. Citrus canker. A plant disease caused by strains of the bacterium Xanthomonas axonopodis pv. citri. Commercial citrus grove. An establish ment maintained for the primary pur pose of producing citrus fruit for com mercial sale. Commercial citrus nursery. An estab lishment engaged in, but not limited to, the production of certified citrus nursery stock, including plants for planting or replanting in commercial groves or for wholesale or retail sales. Commercial citrus-producing area. Any area designated as a commercial cit rus-producing area in accordance with § 301.75–5 of this subpart. Commercial packinghouse. An estab lishment in which space and equipment are maintained for the primary purpose of disinfecting and packing citrus fruit for commercial sale. A commercial packinghouse must also be licensed, registered, or certified for handling cit rus fruit with the State in which it op erates and meet all the requirements for the license, registration, or certifi cation that it holds. Compliance agreement. A written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of grow ing, maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which the person pledges to comply with this sub part. Departmental permit. An official docu ment of the United States Department of Agriculture authorizing the move ment of a regulated article from a quarantined area. Departmental tag or label. An official tag or label of the United States De partment of Agriculture, which, at tached to a regulated article or its con tainer, indicates that the regulated ar ticle is eligible for interstate move ment with a Departmental permit. Exposed. Determined by an inspector to be at risk for developing citrus can ker because of proximity during the past 2 years to infected plants, or to personnel, vehicles, equipment, or other articles that may have been con taminated with bacteria that cause cit rus canker. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00089 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 80 7 CFR Ch. III (1–1–17 Edition) § 301.75–2 Grove. Any tree or stand of trees maintained to produce fruit and sepa rated from other trees by a boundary, such as a fence, stream, road, canal, ir rigation ditch, hedgerow, open space, or sign or marker denoting change of fruit variety. Infected. Containing bacteria that cause citrus canker. Infestation. The presence of a plant or plants infected with citrus canker at a particular location, except when the plant or plants contracted the infec tion at a previous location and the in fection has not spread to any other plant at the present location. Inspector. An individual authorized by the Administrator to perform the specified duties. Interstate. From any State into or through any other State. Limited permit. An official stamp, form, or other document of the United States Department of Agriculture au thorizing the interstate movement of a regulated article from a quarantined area, but restricting the areas of the United States into which the regulated article may be moved. Liner or rootstock. Culled seedlings in the growing stage prior to the budding process. Lot. The inspectional unit for fruit composed of a single variety of fruit that has passed through the entire packing process in a single continuous run not to exceed a single workday (i.e., a run started one day and com pleted the next is considered two lots). Move. Ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means. Movement. The act of shipping, car rying, transporting, offering for ship ment, receiving for shipment, or allow ing to be transported by any means. Nursery. Any premises, including greenhouses but excluding any grove, at which nursery stock is grown or maintained. Nursery stock. Living plants and plant parts intended to be planted, to remain planted, or to be replanted. Person. Any individual, partnership, corporation, company, society, associa tion, or other organized group. Public order. Either an ‘‘Agreement to Destroy and Covenant Not to Sue’’ signed by the grove owner and the Florida Department of Food and Con sumer Services, Division of Plant In dustry (DPI), or an ‘‘Immediate Final Order’’ issued by DPI, both of which identify citrus trees infected with or exposed to citrus canker and order their destruction. Quarantined area. Any area des ignated as a quarantined area in ac cordance with § 301.75–4 of this subpart. Regulated article. Any article listed in § 301.75–3 (a) or (b) of this subpart or designated as a regulated article in ac cordance with § 301.75–3(c) of this sub part. Regulated fruit, regulated nursery stock, regulated plant, regulated seed, regulated tree. Any fruit, nursery stock, plant, seed, or tree defined as a regu lated article. Seedlings. Certified citrus seeds densely planted in seed beds and al lowed to germinate and grow until their viability as liners or rootstock can be assessed. State. Each of the 50 States of the United States, the District of Colum bia, Guam, the Northern Mariana Is lands, Puerto Rico, the Virgin Islands of the United States, and all other ter ritories and possessions of the United States. United States. All of the States, the District of Columbia, Guam, the North ern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and posses sions of the United States. [55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011] § 301.75–2 General prohibitions. (a) Regulated articles may not be moved interstate from a quarantined area except in accordance with a pro tocol in §§ 301.75–6, 301.75–7, or 301.75–8, or in accordance with § 301.75–4 if less than an entire State is designated as a quarantined area. Regulated articles may be moved in accordance with the regulations in § 301.75–9 for scientific or experimental purposes only. (b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 81 Animal and Plant Health Inspection Service, USDA § 301.75–4 commercial citrus-producing area, ex cept as follows: The regulated articles may be moved through a commercial citrus-producing area if they are cov ered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the per mission of an inspector. (c) Regulated articles moved inter state with a limited permit to an area of the United States that is not a com mercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area. [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990; 72 FR 13427, Mar. 22, 2007] § 301.75–3 Regulated articles. (a) Plants or plant parts, including fruit and seeds, or any of the following: All species, clones, cultivars, strains, varieties, and hybrids of the genera Cit rus and Fortunella, and all clones, cultivars, strains, varieties, and hy brids of the species Clausena lansium and Poncirus trifoliata. The most com mon of these are: lemon, pummelo, grapefruit, key lime, persian lime, tan gerine, satsuma, tangor, citron, sweet orange, sour orange, mandarin, tan gelo, ethrog, kumquat, limequat, calamondin, trifoliate orange, and wampi. (b) Grass, plant, and tree clippings. (c) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is deter mined by an inspector that it presents a risk of spread of citrus canker and the person in possession thereof has ac tual notice that the product, article, or means of conveyance is subject to the provisions of this subpart. [50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] § 301.75–4 Quarantined areas. (a) The following States or portions of States are designated as quarantined areas: The State of Florida. (b) The Administrator may designate any non-quarantined area as a quar antined area in accordance with para graphs (c) and (d) of this section upon giving written notice of this designa tion to the owner or persons in posses sion of the non-quarantined area. Thereafter, regulated articles may be moved interstate from that area only in accordance with this subpart. As soon as practicable, this area will be added to the list in paragraph (a) of this section, or the Administrator will terminate the designation. The owner or person in possession of an area for which designation is terminated will be given written notice as soon as prac ticable. (c) Any State or portion of a State where an infestation is detected will be designated as a quarantined area and will remain so until the area has been without infestation for 2 years. (d) Less than an entire State will be designated as a quarantined area only if all of the following conditions are met: (1) Survey. No area has been des ignated a survey area. (2) Intrastate movement of regulated ar ticles. The State enforces restrictions on the intrastate movement of regu lated articles from the quarantined area that are at least as stringent as those on the interstate movement of regulated articles from the quar antined 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 condi tions are met: (A) The regulated fruit is accom panied by a document that states the location of the grove in which the regu lated 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 cov ered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement. (C) The vehicles, covers, and any con tainers used to carry the regulated fruit intrastate are treated in accord ance with part 305 of this chapter be fore leaving the premises where the regulated fruit is unloaded for proc essing, and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 82 7 CFR Ch. III (1–1–17 Edition) § 301.75–4 (D) All leaves, litter, and culls col lected from the shipment of regulated fruit at the processing facility are ei ther incinerated at the processing fa cility 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 inter state 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 accom panied by a document that states the location of the grove in which the regu lated 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 cov ered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement. (C) The vehicles, covers, and any con tainers used to carry the regulated fruit intrastate are treated in accord ance with part 305 of this chapter be fore leaving the premises where the regulated fruit is unloaded for packing. (D)Any equipment that comes in con tact 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 commer cial citrus-producing areas, and (E) All leaves and litter collected from the shipment of regulated fruit at the packing plant are either inciner ated at the packing plant or buried at a public landfill that is fenced, pro hibits 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 move ment, 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 regu lated fruit is unloaded for processing. (iii) Grass, tree, and plant clippings may be moved intrastate from the quarantined area for disposal in a pub lic landfill or for composting in a recy cling 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 facil ity, and (C) Any public landfill used is fenced, prohibits the removal of dumped mate rial, and covers dumped material with dirt at the end of every day that dump ing occurs. (3) Inspections. (i) In the quarantined area, every regulated plant and regu lated tree, except indoor houseplants and regulated plants and regulated trees at nurseries, is inspected for cit rus canker at least once a year, be tween 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 in tervals of no more than 45 days. (4) Treatment of personnel, vehicles, and equipment. In the quarantined area, all vehicles, equipment, and other arti cles used in providing inspection, maintenance, harvesting, or related services in any grove containing regu lated 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 pro vide these services must be treated in VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 83 Animal and Plant Health Inspection Service, USDA § 301.75–6 accordance with part 305 of this chap ter 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 in fected, 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 de stroyed. The owner must have the in fected plant or infected tree destroyed within 45 days after receiving the writ ten notice. [55 FR 37450, Sept. 11, 1990] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.75–4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.75–5 Commercial citrus-pro ducing areas. (a) The following are designated as commercial citrus-producing areas: American Samoa Arizona California Florida Guam Hawaii Louisiana Northern Mariana Islands Puerto Rico Texas Virgin Islands of the United States (b) The list in paragraph (a) of this section is intended to include jurisdic tions which have commercial citrus producing areas. Less than an entire State may be designated as a commer cial citrus-producing area only if the Administrator determines that the area not included as a commercial cit rus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate move ment from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved inter state from a quarantined State pursu ant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to pre vent the interstate spread of citrus canker. [50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986, as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990] § 301.75–6 Interstate movement of reg ulated nursery stock from a quar antined area. (a) Regulated nursery stock may not be moved interstate from a quar antined area unless such movement is authorized in this section. (b) Kumquat (Fortunella spp.) plants, with or without fruit attached, may be moved interstate from a quarantined area into any area of the United States except commercial citrus-producing areas if all of the following conditions are met: (1) The plants are own-root-only and have not been grafted or budded; (2) The plants are started, are grown, and have been maintained solely at the nursery from which they will be moved interstate. (3) If the plants are not grown from seed, then the cuttings used for propa gation of the plants are taken from plants located on the same nursery premises or from another nursery that is eligible to produce kumquat plants for interstate movement under the re quirements of this paragraph (b). Cuttings may not be obtained from properties where citrus canker is present. (4) All citrus plants at the nursery premises have undergone State inspec tion and have been found to be free of citrus canker no less than three times. The inspections must be at intervals of 30 to 45 days, with the most recent in spection being within 30 days of the date on which the plants are removed and packed for shipment. (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, or related services in the nursery must be treated in accordance with part 305 of this chapter before en tering the nursery to prevent the intro duction of citrus canker. All personnel who enter the nursery to provide these services must be treated in accordance with part 305 of this chapter before en tering the nursery to prevent the intro duction of citrus canker. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 84 7 CFR Ch. III (1–1–17 Edition) § 301.75–7 1 The protocol document is also available on the Internet at http://www.aphis.usda.gov/ plantlhealth/plantlpestlinfo/citrus/ index.shtml and may be obtained from local Plant Protection and Quarantine offices, which are listed in telephone directories. (6) If citrus canker is found in the nursery, all regulated plants and plant material must be removed from the nursery and all areas of the nursery’s facilities where plants are grown and all associated equipment and tools used at the nursery must be treated in ac cordance with part 305 of this chapter in order for the nursery to be eligible to produce kumquat plants to be moved interstate under this paragraph (b). Fifteen days after these actions are completed, the nursery may receive new kumquat seed or cuttings from a nursery that is eligible to produce kumquat plants for interstate move ment under this paragraph (b). (7) The plants, except for plants that are hermetically sealed in plastic bags before leaving the nursery, are com pletely enclosed in containers or vehi cle compartments during movement through the quarantined area. (8) The kumquat plants or trees are accompanied by a limited permit issued in accordance with § 301.75–12. The statement ‘‘Limited permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Vir gin Islands of the United States’’ must be displayed on a plastic or metal tag attached to each plant, or on the box or container if the plant is sealed in plastic. In addition, this statement must be displayed on the outside of any shipping containers used to transport these plants, and the limited permit must be attached to the bill of lading or other shipping document that ac companies the plants. (c) Regulated nursery stock produced in a nursery within a quarantined area may be moved interstate to any area within the United States, if all of the following conditions are met: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement in which it agrees to meet the relevant construc tion standards, sourcing and certifi cation requirements, cleaning, dis infecting, and safeguarding require ments, labeling requirements, and rec ordkeeping and inspection require ments specified in a PPQ protocol doc ument. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 1 The compliance agree ment may also specify additional con ditions determined by APHIS to be necessary in order to prevent the dis semination of citrus canker under which the nursery stock must be grown, maintained, and shipped in order to obtain a certificate for its movement. The compliance agreement will also specify that APHIS may amend the agreement. (2) An inspector has determined that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is accompanied by a certificate issued in accordance with § 301.75–12. (4) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (5) A copy of the certificate is at tached to the consignee’s copy of the accompanying waybill. (d) Regulated nursery stock produced in a nursery located in a quarantined area that is not eligible for movement under paragraph (b) or paragraph (c) of this section may be moved interstate only for immediate export. The regu lated nursery stock must be accom panied by a limited permit issued in accordance with § 301.75–12 and must be moved in a container sealed by APHIS directly to the port of export in accord ance with the conditions of the limited permit. (Approved by the Office of Management and Budget under control number 0579–0369) [72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011] § 301.75–7 Interstate movement of reg ulated fruit from a quarantined area. (a) Regulated fruit produced in a quarantined area or moved into a quar antined area for packing may be moved interstate with a certificate issued and attached in accordance with § 301.75-12 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 85 Animal and Plant Health Inspection Service, USDA § 301.75–10 if all of the following conditions are met: (1) The regulated fruit was packed in a commercial packinghouse whose owner or operator has entered into a compliance agreement with APHIS in accordance with § 301.75-13. (2) The regulated fruit was treated in accordance with part 305 of this chap ter. (3) The regulated fruit is free of leaves, twigs, and other plant parts, ex cept for stems that are less than 1 inch long and attached to the fruit. (4) If the fruit is repackaged after being packed in a commercial packing house and before it is moved interstate from the quarantined area, the person that repackages the fruit must enter into a compliance agreement with APHIS in accordance with § 301.75-13 and issue and attach a certificate for the interstate movement of the fruit in accordance with § 301.75-12. (b) Regulated fruit that is not eligi ble for movement under paragraph (a) of this section may be moved inter state only for immediate export. The regulated fruit must be accompanied by a limited permit issued in accord ance with § 301.75-12 and must be moved in a container sealed by APHIS di rectly to the port of export in accord ance with the conditions of the limited permit. (Approved by the Office of Management and Budget under control number 0579-0325) [74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010] § 301.75–8 Interstate movement of reg ulated seed from a quarantined area. Regulated seed may be moved inter state from a quarantined area into any area of the United States if all of the following conditions are met: (a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was ex tracted. (b) The regulated seed was treated in accordance with part 305 of this chap ter. (c) The regulated seed is accom panied by a certificate issued in ac cordance with § 301.75–12 of this sub part. [55 FR 37452, Sept. 11, 1990, as amended at 75 FR 4240, Jan. 26, 2010] § 301.75–9 Interstate movement of reg ulated articles from a quarantined area for experimental or scientific purposes. A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States De partment of Agriculture for experi mental or scientific purposes; (b) Moved pursuant to a Depart mental permit issued for such article by the Administrator; (c) Moved in accordance with condi tions specified on the Departmental permit and determined by the Adminis trator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and (d) Moved with a Departmental tag or label securely attached to the out side of the container containing the ar ticle or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article. [50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] § 301.75–10 Interstate movement of regulated articles through a quar antined area. Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met: (a) The regulated article is accom panied by either: A receipt showing that the regulated article was pur chased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment origi nated, the type and quantity of regu lated articles being moved interstate, and the date the interstate movement began. (b) The regulated article is moved through the quarantined area without VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 86 7 CFR Ch. III (1–1–17 Edition) § 301.75–11 being unloaded, and no regulated arti cle, except regulated fruit that quali fies for interstate movement from the quarantined area in accordance with § 301.75–7 of this subpart, is added to the shipment in the quarantined area. (c) The regulated article is com pletely covered, or enclosed in con tainers or in a compartment of a vehi cle, during movement through the quarantined area, except that, covering or enclosure is not required if the regu lated article is moved through the quarantined area without stopping, ex cept for refueling or for traffic condi tions, such as traffic lights or stop signs. [55 FR 37452, Sept. 11, 1990] § 301.75–11 [Reserved] § 301.75–12 Certificates and limited permits. (a) Issuance and withdrawal. (1) Cer tificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a com pliance agreement. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The deci sion of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may ap peal the decision in writing to the Ad ministrator within 10 days after receiv ing the written notification. The ap peal must state all of the facts and rea sons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as cir cumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (1) Ex cept as provided in § 301.75–6(b)(8) for kumquat plants, or in § 301.75–6(c)(4) through (c)(5) for any regulated nurs ery stock, certificates and limited per mits accompanying regulated articles interstate must be attached during the interstate movement to one of the fol lowing: (i) The outside of the regulated arti cle, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee’s copy of the ac companying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated arti cle to be identified. (2) Certificates and limited permits accompanying regulated articles inter state must be given to the consignee at the point of destination. [55 FR 37453, Sept. 11, 1990, as amended at 72 FR 13428, Mar. 22, 2007; 74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011] § 301.75–13 Compliance agreements. (a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate move ment may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this sub part. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Ani mal and Plant Health Inspection Serv ice (listed in local telephone direc tories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Do mestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Mary land 20737–1236. (b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspec tor finds that the person who entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compli ance agreement itself. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agree ment is cancelled may appeal the deci sion in writing to the Administrator VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 87 Animal and Plant Health Inspection Service, USDA § 301.75–16 within 10 days after receiving the writ ten notification. The appeal must state all of the facts and reasons upon which the person relies to show that the com pliance agreement was wrongfully can celled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as prompt ly as circumstances allow. If there is a conflict as to any material fact, a hear ing will be held to resolve the conflict. Rules of practice concerning the hear ing will be adopted by the Adminis trator. [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994; 76 FR 23457, Apr. 27, 2011] § 301.75–14 Costs and charges. The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or com pliance with the provisions in this sub part, other than for the services of the inspector. [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] § 301.75–15 Funds for the replacement of commercial citrus trees. Subject to the availability of appro priated funds, the owner of a commer cial citrus grove may be eligible to re ceive funds to replace commercial cit rus trees in accordance with the provi sions of this section. (a) Eligibility. The owner of a com mercial citrus grove may be eligible to receive funds to replace commercial citrus trees removed to control citrus canker if the trees were removed pur suant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Tree replacement payments. The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive funds to replace commercial citrus trees will, upon ap proval of an application submitted in accordance with paragraph (c) of this section, receive a payment of $26 per tree up to the following per-acre max imum payments: Variety Maximum payment per acre Grapefruit, red seedless ...................................... $2,704 Orange, Valencia ................................................. 3,198 Orange, early/midseason/navel ........................... 3,068 Tangelo ................................................................ 2,964 Lime ..................................................................... 4,004 Other or mixed citrus ........................................... 2,704 (c) How to apply for tree replacement funds. The form necessary to apply for funds to replace commercial citrus trees may be obtained from any local citrus canker eradication program of fice in Florida, or from the USDA Cit rus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying in ventory that describes the number and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Tree Re placement Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for trees destroyed on or before October 16, 2000, must have been received on or be fore December 15, 2000. Claims for trees destroyed after October 16, 2000, must be received within 60 days after the de struction of the trees. The Adminis trator may, on a case-by-case basis, ap prove the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Adminis trator. However, any request for con sideration of a late claim must be sub mitted to the Administrator on or be fore August 19, 2002 for trees destroyed on or before August 17, 2001, and within 1 year after the destruction of the trees for trees destroyed after August 17, 2001. (Approved by the Office of Management and Budget under control number 0579–0163) [65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001] § 301.75–16 Payments for the recovery of lost production income. Subject to the availability of appro priated funds, the owner of a commer cial citrus grove may be eligible to re ceive payments in accordance with the VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 88 7 CFR Ch. III (1–1–17 Edition) § 301.75–17 provisions of this section to recover in come from production that was lost as the result of the removal of commer cial citrus trees to control citrus can ker. (a) Eligibility. The owner of a com mercial citrus grove may be eligible to receive payments to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Calculation of payments. (1) The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive payments to re cover lost production income will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates: Citrus variety Payment (per acre) Grapefruit ........................................................... $3,342 Orange, Valencia, and tangerine ...................... 6,446 Orange, navel (includes early and midseason oranges) ......................................................... 6,384 Tangelo .............................................................. 1,989 Lime ................................................................... 6,503 Other or mixed citrus ......................................... 3,342 (2) Payment adjustments. (i) In cases where the owner of a commercial citrus grove had obtained ACC coverage for trees in his or her grove and received crop insurance payments following the destruction of the insured trees, the payment provided for under paragraph (b)(1) of this section will be reduced by the total amount of the crop insurance payments received by the commercial citrus grove’s owner for the insured trees. (ii) In cases where ACC coverage was available for trees in a commercial cit rus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under paragraph (b)(1) of this section will be reduced by 5 percent. (c) How to apply for lost production payments. The form necessary to apply for lost production payments may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradi cation Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be ac companied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the acreage, number, and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Lost Production Pay ments Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Win ter Haven, FL 33881. Claims for losses attributable to the destruction of trees on or before the effective date of this rule must be received on or before Sep tember 17, 2001. Claims for losses at tributable to the destruction of trees after the effective date of this rule must be received within 60 days after the destruction of the trees. The Ad ministrator may, on a case-by-case basis, approve the consideration of late claims when the circumstances appear, in the opinion of the Administrator, to warrant such consideration. However, any request for consideration of a late claim must be submitted to the Admin istrator on or before July 18, 2002 for trees destroyed on or before July 18, 2001, and within 1 year after the de struction of the trees for trees de stroyed after July 18, 2001. [66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, June 8, 2006] § 301.75–17 Funds for the replacement of certified citrus nursery stock. Subject to the availability of appro priated funds, a commercial citrus nursery may be eligible to receive funds to replace certified citrus nurs ery stock in accordance with the provi sions of this section. (a) Eligibility. A commercial citrus nursery may be eligible to receive funds to replace certified citrus nurs ery stock removed to control citrus canker if the nursery stock was re moved pursuant to a public order after September 30, 2001, and before January 10, 2006. (b) Certified citrus nursery stock pay ments. A commercial citrus nursery that is eligible under paragraph (a) of this section to receive funds to replace certified citrus nursery stock will, upon approval of an application sub mitted in accordance with paragraph VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 89 Animal and Plant Health Inspection Service, USDA § 301.76–1 1 In order to enforce this section, any prop erly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of host articles as provided in sec tions 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). (c) of this section, receive a payment calculated using the following rates: Type of certified nursery stock Payment (dollars) Seedlings ..................................... 0.18/plant. Liners or rootstock ....................... 1.50/plant. Budded field grown citrus plants 4.00/plant. Budded container/greenhouse cit rus plants. 4.50/plant. Citrus nursery stock in containers for wholesale or retail sale: 1 gallon ................................. 5.00/container. 3 gallon ................................. 10.00/container. 5 gallon ................................. 15.00/container. 7 gallon ................................. 20.00/container. Larger than 7 gallon ............. 26.00/container. (c) How to apply for certified nursery stock replacement funds. The form nec essary to apply for funds to replace cer tified nursery stock may be obtained from any local citrus canker eradi cation program office in Florida, or from the USDA Citrus Canker Eradi cation Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be ac companied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and type of the certified nursery stock removed. If the certified nursery stock was planted in pots, the inventory should specify the size of the container. If the cer tified nursery stock was bare root plants or in a temporary container, the inventory should specify whether the plant was non-budded or budded. The completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Compensa tion, 10300 Sunset Dr., Suite 150, Miami, FL 33173. Claims for certified nursery stock must be received by Au gust 7, 2006. [71 FR 33172, June 8, 2006] Subpart—Citrus Greening and Asian Citrus Psyllid SOURCE: 75 FR 34332, June 17, 2010, unless otherwise noted. § 301.76 Restrictions on the interstate movement of regulated articles. No person may move interstate from any quarantined area any articles reg ulated for citrus greening and Asian citrus psyllid, except in accordance with this subpart. 1 § 301.76–1 Definitions. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any individual author ized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian citrus psyllid. The insect known as Asian citrus psyllid (Diaphorina citri Kuwayama) in any stage of develop ment. Certificate. A document, stamp, or other means of identification approved by APHIS and issued by an inspector or person operating under a compliance agreement when he or she finds that, because of certain conditions, a regu lated article can be moved safely from an area quarantined for Asian citrus psyllid and/or citrus greening without spreading the psyllid or the disease. Citrus greening. A plant disease, also commonly referred to as Huanglongbing disease of citrus, that is caused by several strains of the uncultured, phloem-limited bacterial pathogen ‘‘Candidatus Liberibacter asiaticus’’. Commercial citrus grove. A solid-set planting of trees maintained for the primary purpose of producing citrus fruit for commercial sale. Compliance agreement. A written agreement between APHIS and a per son engaged in the business of growing, maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which the person agrees to comply with this sub part. For the purposes of this subpart, a memorandum of understanding is considered a compliance agreement. EPA. The U.S. Environmental Pro tection Agency. Established population. Presence of Asian citrus psyllid within an area VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 90 7 CFR Ch. III (1–1–17 Edition) § 301.76–2 that the Administrator determines is likely to persist for the foreseeable fu ture. Inspector. An individual authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued by an inspector or person operating under a compliance agreement to allow the interstate movement of regulated arti cles to a specified destination, for spec ified handling, processing, or utiliza tion. Moved (move, movement). Shipped, of fered for shipment, received for trans portation, transported, carried (wheth er on one’s person or by any other means of conveyance), or allowed to be moved, shipped, transported, or car ried. For the purposes of this subpart, movements include any type of ship ment, including mail and Internet commerce. Nursery. Any commercial location where nursery stock is grown, propa gated, stored, maintained, or sold, or any location from which nursery stock is distributed. Nursery stock. Any plants or plant parts, excluding fruit, intended to be planted, to remain planted, or to be re planted. Nursery stock includes, but is not limited to, trees, shrubs, cuttings, grafts, scions, and buds. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Port. Any place designated by the President, Secretary of the Treasury, or Congress at which a Customs officer is assigned with authority to accept entries of merchandise, to collect du ties, and to enforce the various provi sions of the Customs and Navigation laws in force at that place. Quarantined area. Any State or por tion of a State designated as a quar antined area for Asian citrus psyllid or citrus greening in accordance with § 301.76-3. Regulated article. Any article listed in § 301.76-2 or otherwise designated as a regulated article in accordance with § 301.76-2(c). State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. [75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012] § 301.76–2 Regulated articles for Asian citrus psyllid and citrus greening. The following are regulated articles for Asian citrus psyllid and citrus greening: (a) All plants and plant parts (includ ing leaves), except fruit, of: Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A. paniculata, Amyris madrensis, Atalantia spp. (including Atalantia monophylla), Balsamocitrus dawei, Bergera (=Murraya) koenigii, Calodendrum capense, Choisya ternate, C. arizonica, X Citroncirus webberi, Citropsis articulata, Citropsis gilletiana, Citrus madurensis (= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens, C. excavata, C. indica, C. lansium, Eremocitrus glauca, Eremocitrus hybrid, Esenbeckia berlandieri, Fortunella spp., Limonia acidissima, Merrillia caloxylon, Microcitrus australasica, M. australis, M. papuana, X Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris (=Toddalia) lanceolata, and Zanthoxylum fagara. (b) Propagative seed of the species listed in paragraph (a) of this section is considered a host of citrus greening but not a host of Asian citrus psyllid. Therefore, notwithstanding the other provisions of this subpart, the move ment of propagative seed of these spe cies from an area quarantined for cit rus greening is prohibited, while the movement of such seed from an area quarantined only for Asian citrus psyllid, but not for citrus greening, is allowed without restriction. (c) Any other product, article, or means of conveyance may be des ignated a regulated article for Asian citrus psyllid or citrus greening, if an inspector determines that it presents a risk of spreading these pests, and after the inspector provides written notifica tion to the person in possession of the product, article, or means of convey ance that it is subject to the restric tions of this subpart. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 91 Animal and Plant Health Inspection Service, USDA § 301.76–4 (d) Plant parts of the species listed in paragraph (a) of this section may be ex empted from the regulations in this subpart, provided that the parts have been processed such that an inspector determines they no longer present a risk of spreading Asian citrus psyllid or citrus greening. § 301.76–3 Quarantined areas; citrus greening and Asian citrus psyllid. (a) The Administrator will designate an area as a quarantined area for citrus greening or as a quarantined area for Asian citrus psyllid in accordance with the criteria listed in paragraph (c) of this section. The Administrator will publish a description of all areas quar antined for citrus greening or Asian citrus psyllid on the Plant Protection and Quarantine (PPQ) Web site: (http:// www.aphis.usda.gov/plantlhealth/ plantlpestlinfo/citruslgreening/ index.shtml). The description of each quarantined area will include the date the description was last updated and a description of any changes that have been made to the quarantined area. Lists of all quarantined areas may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories and on the Inter net at (http://www.aphis.usda.gov/serv ices/reportlpestldisease/ reportlpestldisease.shtml). After a change is made to the description of quarantined areas, we will publish a notice in the FEDERAL REGISTER in forming the public that the change has occurred and describing the change to the quarantined areas. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area for citrus green ing or the Asian citrus psyllid only if the Administrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of citrus greening or Asian citrus psyllid. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area for citrus greening or Asian citrus psyllid. (1) A State, or portion of a State, will be designated as a quar antined area for citrus greening when the presence of citrus greening is con firmed within the area by an APHIS administered test. (2) A State, or portion of a State, will be designated as a quarantined area for Asian citrus psyllid in which an estab lished population of Asian citrus psyllids has been detected. (3) A State, or portion of a State, will be designated as a quarantined area for either citrus greening or Asian citrus psyllid if the Administrator considers it necessary to quarantine the area be cause of its inseparability for quar antine enforcement purposes from lo calities in which citrus greening or an established population of Asian citrus psyllids has been found. § 301.76–4 Labeling requirements for regulated nursery stock produced within an area quarantined for cit rus greening. (a) Effective September 15, 2010, ex cept as provided in paragraphs (b) and (c) of this section, all regulated nurs ery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-ap proved plastic or metal tag on which a statement alerting consumers to Fed eral prohibitions regarding the inter state movement of the article is promi nently and legibly displayed. Alter natively, if the article is destined for commercial sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or con tainer, provided that, in either case, the statement is prominently and leg ibly displayed. The operator of the site of propagation of the nursery stock and the person offering the plants for com mercial sale are jointly responsible for all such labeling. (b) Nursery stock produced within a quarantined area for planting in a com mercial citrus grove within that same area and moved directly to that grove, without movement outside of the quar antined area, may be moved without being labeled in accordance with para graph (a) of this section. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 92 7 CFR Ch. III (1–1–17 Edition) § 301.76–5 2 An inspector may hold seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 423 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). (c) Nursery stock that will be moved interstate in accordance with § 301.76–7 may be moved without being labeled in accordance with paragraph (a) of this section. (Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011] § 301.76–5 General conditions gov erning the issuance of any certifi cate or limited permit; provisions for cancellation of a certificate or limited permit. (a) Certificates. In addition to all other relevant conditions within this subpart, an inspector or person oper ating under a compliance agreement will issue a certificate only if a regu lated article: (1) Will be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protec tion Act (7 U.S.C. 7714) 2 to prevent the spread of Asian citrus psyllid; and (2) Is eligible for unrestricted move ment under all other Federal domestic plant quarantines and regulations ap plicable to the article. (b) Limited permits. In addition to all other relevant conditions within this subpart, an inspector or person oper ating under a compliance agreement may issue a limited permit for the interstate movement of a regulated ar ticle only if the regulated article: (1) Is to be moved interstate to a specified destination for specified han dling, processing, or utilization (the destination and other conditions to be listed in the limited permit) and this movement of the regulated article will not result in the spread of citrus green ing or the Asian citrus psyllid; (2) Is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of citrus greening and the Asian citrus psyllid; and (3) Is eligible for interstate move ment under all other Federal domestic plant quarantines and regulations ap plicable to the article. (c) Certificates and limited permits for the interstate movement of a regu lated article may be issued by an in spector or person operating under a compliance agreement. A person oper ating under a compliance agreement may issue a certificate for the inter state movement of a regulated article after he or she has determined that the article is eligible for a certificate in ac cordance with paragraph (a) of this sec tion and all other relevant conditions of this subpart. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article after he or she has determined that the arti cle is eligible for a limited permit in accordance with paragraph (b) of this section and all other relevant condi tions of this subpart. (d) Any certificate or limited permit that has been issued may be with drawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all of the provisions in this subpart or has not complied with all the condi tions contained in the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as soon as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Adminis trator within 10 days after receiving the written notification of the with drawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certifi cate or limited permit was wrongfully withdrawn. As promptly as cir cumstances allow, the Administrator will grant or deny the appeal, in writ ing, stating the reasons for the deci sion. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (e) Unless specific provisions exist in § 301.76-6 or § 301.76-7 of this subpart to allow the interstate movement of a VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 93 Animal and Plant Health Inspection Service, USDA § 301.76–6 3 EPA and State and local environmental authorities may restrict the use of methyl bromide on certain articles. 4 The protocol document is also available on the Internet at http://www.aphis.usda.gov/ plantlhealth/plantlpestlinfo/citrus/ index.shtml and may be obtained from local Plant Protection and Quarantine offices, which are listed in telephone directories. certain regulated article, the inter state movement of that article is pro hibited. (Approved by the Office of Management and Budget under control number 0579-0363) § 301.76–6 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quar antined for Asian citrus psyllid, but not for citrus greening. (a) Additional conditions for issuance of a certificate; any regulated article. In ad dition to the general conditions for issuance of a certificate contained in § 301.76-5(a), an inspector or person op erating under a compliance agreement may issue a certificate for the inter state movement of any regulated arti cle to any State if: (1) The article is treated with methyl bromide 3 in accordance with 7 CFR part 305 of this chapter. (2) The article is shipped in a con tainer that has been sealed with an ag ricultural seal placed by an inspector. (3) The container that will be moved interstate is clearly labeled with the certificate. (4) A copy of the certificate will be attached to the consignee’s copy of the accompanying waybill. (b) Additional conditions for issuance of a certificate; regulated nursery stock. In addition to the general conditions for issuance of a certificate contained in § 301.76–5(a), an inspector or person op erating under a compliance agreement may issue a certificate for interstate movement of regulated nursery stock to any State if: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding require ments, labeling requirements, and rec ordkeeping and inspection require ments specified in a PPQ protocol doc ument. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 4 The compliance agree ment may also specify additional con ditions determined by APHIS to be necessary in order to prevent the spread of Asian citrus psyllid under which the nursery stock must be grown, maintained, and shipped in order to obtain a certificate for its movement. The compliance agreement will also specify that APHIS may amend the agreement. (2) An inspector determines that the nursery has adhered to all terms and conditions of the compliance agree ment. (3) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (4) A copy of the certificate is at tached to the consignee’s copy of the accompanying waybill. (c) Additional conditions for issuance of a limited permit; regulated nursery stock. (1) Nursery stock that will not be moved through American Samoa, Arizona, Cali fornia, Florida, Guam, Hawaii, the North ern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In addition to the general conditions for the issuance of a limited permit contained in § 301.76–5(b), an inspector or person op erating under a compliance agreement, other than the operator of the nursery in which the nursery stock was pro duced and his or her employees, may issue a limited permit for the inter state movement of regulated nursery stock through areas of the United States other than American Samoa, Arizona, California, Florida, Guam, Ha waii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands, and to areas of the United States other than those por tions of Arizona and California that are not quarantined due to the presence of Asian citrus psyllid or citrus greening, if: (i) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in accordance with § 301.76–8; VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 94 7 CFR Ch. III (1–1–17 Edition) § 301.76–6 5 Examples of such articles include Bergera (=Murraya) koenigii leaves, as well as Murraya paniculata flowers or foliage. (ii) All citrus nursery stock at the nursery has been inspected by an in spector every 30 days, and any findings of Asian citrus psyllid during an in spection have been reported to APHIS immediately; (iii) The nursery stock is treated for Asian citrus psyllid with an APHIS-ap proved soil drench or in-ground granu lar application no more than 90 days and no fewer than 30 days before ship ment, followed by an APHIS-approved foliar spray no more than 10 days be fore shipment. All treatments must be applied according to their EPA label, including directions on application, re strictions on place of application and other restrictions, and precautions, and including statements pertaining to Worker Protection Standards; (iv) The nursery stock is affixed prior to movement with a plastic or metal tag on which the statement ‘‘Limited permit: USDA–APHIS–PPQ. Not for distribution in those portions of AZ and CA not quarantined due to the presence of Asian citrus psyllid or cit rus greening’’ is prominently and leg ibly displayed on the obverse, and ade quate information as determined by APHIS regarding the identity of the nursery stock and its source of produc tion to conduct traceback to the nurs ery in which the nursery stock was pro duced is prominently and legibly print ed on the reverse. If the nursery stock is destined for movement or sale in boxes or containers, the statement and the identifying information may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement and the identifying information are promi nently and legibly displayed; (v) A copy of the limited permit will be attached to the consignee’s copy of the accompanying waybill; and (vi) The nursery stock is shipped in accordance with the conditions speci fied on the limited permit to the des tination specified on the permit. (2) Nursery stock that will be moved through American Samoa, Arizona, Cali fornia, Florida, Guam, Hawaii, Lou isiana, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Is lands. In addition to the general condi tions for the issuance of a limited per mit contained in § 301.76–5(b), an inspec tor or person operating under a compli ance agreement may issue a permit for the interstate movement of regulated nursery stock through American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands, and to areas of the United States other than those portions of Arizona and California that are not quarantined due to the pres ence of Asian citrus psyllid or citrus greening, if: (i) All conditions for movement of regulated nursery stock in paragraphs (c)(1)(i) through (c)(1)(vi) of this sec tion are fulfilled; (ii) The nursery stock is inspected by an inspector on the date of shipment and found free of Asian citrus psyllid; (iii) The nursery stock is completely enclosed in a container sealed with an agricultural seal and is moved inter state in that container; (iv) The container prominently and legibly displays the statement and identifying information specified in paragraph (c)(1)(iv) of this section; (v) The agricultural seal remains in tact throughout movement to the des tination specified on the limited per mit; and (vi) The agricultural seal is removed at the destination specified on the lim ited permit by an inspector. (d) Additional conditions for issuance of a limited permit; regulated articles in tended for consumption, as apparel or as a similar personal accessory, or for other decorative use. 5 In addition to the gen eral conditions for issuance of a lim ited permit contained in § 301.76–5(b), an inspector or person operating under a compliance agreement may issue a limited permit for the interstate move ment of regulated articles intended for consumption, as apparel or as a similar personal accessory, or for other decora tive use if: (1) The articles are treated with irra diation in accordance with 7 CFR part 305 of this chapter at an irradiation fa cility that is not located in an area quarantined for citrus greening. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 95 Animal and Plant Health Inspection Service, USDA § 301.76–7 6 The protocol document is also available on the Internet at http://www.aphis.usda.gov/ plantlhealth/plantlpestlinfo/citrus/ index.shtml and may be obtained from local Plant Protection and Quarantine offices, which are listed in telephone directories. (2) The container that will be used to move the articles interstate is clearly labeled with the limited permit, which must contain the name of the State or portion of a State where the articles were produced and a statement that the articles were treated in accordance with 7 CFR part 305 of this chapter. (3) A copy of the limited permit is at tached to the consignee’s copy of the accompanying waybill. (Approved by the Office of Management and Budget under control number 0579–0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 78 FR 63367, Oct. 24, 2013] § 301.76–7 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quar antined for citrus greening. (a) Additional conditions for the issuance of a certificate; regulated nurs ery stock produced within a nursery lo cated in the quarantined area. In addi tion to the general conditions for issuance of a certificate contained in § 301.76–5(a), an inspector or person op erating under a compliance agreement may issue a certificate for interstate movement of regulated nursery stock to any State if all of the following con ditions are met: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding require ments, labeling requirements, and rec ordkeeping and inspection require ments specified in a PPQ protocol doc ument. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 6 The compliance agree ment may also specify additional con ditions determined by APHIS to be necessary in order to prevent the dis semination of citrus greening under which the nursery stock must be grown, maintained, and shipped in order to obtain a certificate for its movement. The compliance agreement will also specify that APHIS may amend the agreement. (2) An inspector has determined that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (4) A copy of the certificate is at tached to the consignee’s copy of the accompanying waybill. (b) Additional conditions for issuance of a limited permit; regulated nursery stock grown, produced, or maintained at a nursery or other facility located in the quarantined area. In addition to the general conditions for issuance of a limited permit contained in § 301.76 5(b), an inspector or person operating under a compliance agreement may issue a limited permit for the inter state movement for immediate export of regulated nursery stock grown, pro duced, or maintained at a nursery or other facility located in the quar antined area if: (1) The nursery stock is treated for Asian citrus psyllid with an APHIS-ap proved soil drench or in-ground granu lar application, followed by an APHIS approved foliar spray, in accordance with § 301.76-6(b)(1), or with methyl bro mide, in accordance with 7 CFR part 305 of this chapter. (2) The nursery stock is inspected by an inspector in accordance with § 301.76–9 and found free of Asian citrus psyllid, if treated in accordance with § 301.76–6(b)(1). (3) The nursery stock is affixed prior to movement with a plastic or metal tag on which the statement ‘‘Limited permit: USDA-APHIS-PPQ. For imme diate export only’’ is prominently and legibly displayed. If the nursery stock is destined for movement or sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is promi nently and legibly displayed. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 96 7 CFR Ch. III (1–1–17 Edition) § 301.76–8 7 Compliance agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Domestic and Emer gency Operations, 4700 River Road Unit 134, Riverdale, MD 20737–1236, and from local of fices of the Plant Protection and Quarantine offices, which are listed in telephone direc tories. 8 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning local of fices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 20737–1236. (4) The nursery stock is accompanied by a copy of this limited permit at tached to the consignee’s copy of the waybill. (5) The nursery stock is moved in ac cordance with the conditions specified on the limited permit directly to the port of export specified on the limit permit, in a container sealed with an agricultural seal placed by an inspec tor. (6) A copy of the limited permit is at tached to or legibly printed on this container. (7) The nursery stock remains in this container, and the container remains sealed, as long as the plants are within the United States. (c) Except for nursery stock for which a limited permit has been issued in accordance with the conditions of paragraph (a) or (b) of this section, no other regulated article may be moved interstate from an area quarantined for citrus greening. (Approved by the Office of Management and Budget under control number 0579–0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23458, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012] § 301.76–8 Compliance agreements and cancellation. (a) Any person involved in the grow ing, maintaining, processing, handling, packing, treating, or moving of regu lating articles from areas quarantined for citrus greening or Asian citrus psyllid may enter into a compliance agreement when an inspector deter mines that the person understands this subpart, agrees to comply with its pro visions, and agrees to comply with all the provisions contained in the compli ance agreement. The person must also agree to maintain and offer for inspec tion such records as are necessary to demonstrate continual adherence to the requirements of the regulations and the provisions of the compliance agreement. 7 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compli ance agreement itself. If the cancella tion is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been can celed may appeal the decision, in writ ing, within 10 days after receiving writ ten notification of the cancellation. The appeal must state all of the facts and reasons upon which the person re lies to show that the compliance agree ment was wrongly canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any mate rial fact. Rules of practice concerning a hearing will be adopted by the Ad ministrator. (Approved by the Office of Management and Budget under control numbers 0579–0363 and 0579–0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012] § 301.76–9 Inspection of regulated nursery stock. All nursery stock intended for inter state movement for immediate export from an area quarantined for citrus greening, must be inspected by an in spector 8 no more than 72 hours prior to movement. The person who desires to move the articles interstate must no tify the inspector as far in advance of the desired interstate movement as possible. The articles must be in spected at the place and in the manner the inspector designates as necessary VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 97 Animal and Plant Health Inspection Service, USDA § 301.80 to comply with this subpart. If the in spector has reason to believe that the interstate movement of the articles may lead to the artificial spread of cit rus greening or Asian citrus psyllid, he or she may deny issuance of a limited permit for interstate movement of the article or take other remedial meas ures to prohibit such spread. (Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012] § 301.76–10 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article, or a copy thereof, must, at all times during the interstate movement, be: (1) Attached to or legibly printed on the outside of the container containing the regulated article or attached to the regulated article itself, if the article is not packed in a container; and (2) Attached to or legibly printed on the sealed container in which the arti cle is shipped; and (3) Attached to the consignee’s copy of the accompanying waybill. The host article must be sufficiently described on the certificate or limited permit and on the waybill to identify the arti cle. (b) The certificate or limited permit for the interstate movement of a host article must be furnished by the carrier or the carrier’s representative to the consignee listed on the certificate or limited permit upon arrival at the lo cation provided on the certificate or limited permit. § 301.76–11 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspec tions or compliance with the provisions of the quarantine and regulations in this subpart, other than for the serv ices of the inspector. Subpart—Witchweed QUARANTINE AND REGULATIONS § 301.80 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Under the au thority 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 prev alent 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 arti cles described in paragraph (b) of this section, issues regulations in this sub part governing the movement of such articles, and gives notice of this quar antine action. (b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quar antined State any of the following arti cles (defined in § 301.80–1(p) as regulated articles), except in accordance with the conditions prescribed in this subpart: (1) Soil, compost, peat, humus, muck, and decomposed manure, separately or with other things; sand; and gravel. (2) Plants with roots. (3) Grass sod. (4) Plant crowns and roots for propa gation. (5) True bulbs, corms, rhizomes, and tubers of ornamental plants. (6) Root crops, except those from which all soil has been removed. (7) Peanuts in shells and peanut shells, except boiled or roasted pea nuts. (8) Small grains and soybeans. (9) Hay, straw, fodder, and plant lit ter of any kind. (10) Seed cotton and gin trash. (11) Stumpwood. (12) Long green cucumbers, canta loupes, peppers, squash, tomatoes, and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 98 7 CFR Ch. III (1–1–17 Edition) § 301.80–1 watermelons, except those from which all soil has been removed. (13) Pickling cucumbers, string beans, and field peas. (14) Cabbage, except firm heads with loose outer leaves removed. (15) Leaf tobacco, except flue-cured leaf tobacco. (16) Ear corn, except shucked ear corn. (17) Sorghum. (18) Used crates, boxes, burlap bags, and cotton-picking sacks, and other used farm products containers. (19) Used farm tools. (20) Used mechanized cultivating equipment and used harvesting equip ment. (21) Used mechanized soil-moving equipment. (22) Any other products, articles, or means of conveyance, of any character whatsoever, not covered by paragraphs (b) (1) through (20) of this section, when it is determined by an inspector that they present a hazard of spread of witchweed, and the person in posses sion thereof has been so notified. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993; 66 FR 21052, Apr. 27, 2001] § 301.80–1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be con strued, respectively, to mean: Certificate. A document issued or au thorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the re quirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the oper ations of such person. Deputy Administrator. The Deputy Ad ministrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said Serv ice to whom authority to act in his stead has been or may hereafter be del egated. Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws. Generally infested area. Any part of a regulated area not designated as a sup pressive area in accordance with § 301.80–2. Infestation. The presence of witchweed or the existence of cir cumstances that make it reasonable to believe that witchweed is present. Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agri culture, or other person, authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited han dling, utilization, or processing, or for treatment. Mechanized cultivating equipment; and mechanized harvesting equipment. Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., mechan ical cotton harvesters, hay balers, corn pickers, and combines. Mechanized soil-moving equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bull dozers, road scrapers, and dumptrucks. Moved (movement, move). Shipped, of fered for shipment to a common car rier, received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved by any means. ‘‘Move ment’’ and ‘‘move’’ shall be construed accordingly. Person. Any individual, corporation, company, society, or association, or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 99 Animal and Plant Health Inspection Service, USDA § 301.80–2 1 Pamphlets containing such provisions are available upon request to the Deputy Admin istrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspec tion Service, U.S. Department of Agri culture, Washington, DC 20250, or from an in spector. other organized group of any of the foregoing. Plant Protection and Quarantine Pro grams. The organizational unit with the Animal and Plant Health Inspection Service, U.S. Department of Agri culture, delegated responsibility for enforcing provisions of the Plant Pro tection Act and related legislation, quarantines, and regulations. Regulated area. Any quarantined State, or any portion thereof, des ignated as a regulated area in § 301.80– 2a or otherwise designated as a regu lated area in accordance with § 301.80– 2(b). Regulated articles. Any articles de scribed in § 301.80(b). Restricted destination permit. A docu ment issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a speci fied destination for other than sci entific purposes. Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes. Soil. That part of the upper layer of earth in which plants can grow. State. Any State, territory, or dis trict of the United States, including Puerto Rico. Suppressive area. That portion of a regulated area where eradication of in festation is undertaken as an objective, as designated by the Deputy Adminis trator under § 301.80–2(a). Treatment Manual. The provisions currently contained in the ‘‘Manual of Administratively Authorized Proce dures to be Used Under the Witchweed Quarantine’’ and the ‘‘Fumigation Pro cedures Manual’’ and any amendments thereto. 1 Witchweed. Parasitic plants of the genus Striga and reproductive parts thereof, including seeds. [41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001] § 301.80–2 Authorization to designate, and terminate designation of, regu lated areas and suppressive or gen erally infested areas; and to exempt articles from certification, permit, or other requirements. (a) Regulated areas and suppressive or generally infested areas. The Deputy Ad ministrator shall designate as regu lated areas, in a supplemental regula tion designated as § 301.80–2a, each quarantined State, or each portion thereof in which witchweed has been found or in which there is reason to be lieve that witchweed is present or which it is deemed necessary to regu late because of its proximity to infes tation or its inseparability for quar antine enforcement purposes from in fested localities. The Deputy Adminis trator, in the supplemental regulation, may designate any regulated area or portion thereof, as a suppressive area or a generally infested area in accord ance with the definitions thereof in § 301.80–1. Less than an entire quar antined State will be designated as a regulated area only if the Deputy Ad ministrator is of the opinion that: (1) The State has adopted and is en forcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of witchweed. (b) Temporary designation of regulated areas and suppressive or generally in fested areas. The Deputy Administrator or an authorized inspector may tempo rarily 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 VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 100 7 CFR Ch. III (1–1–17 Edition) § 301.80–2a on the owner or person in possession of such premises, and thereafter the interstate movement of regulated arti cles from such premises by any person having notice of the designation shall be subject to the applicable provisions of this subpart. As soon as practicable, such premises shall be added to the list in § 301.80–2a if a basis then exists for their designation. (c) Termination of designation as a reg ulated area and a suppressive or generally infested area. The Deputy Adminis trator shall terminate the designation provided for under paragraph (a) of this section of any area designated as a reg ulated area or a suppressive or a gen erally infested area when he deter mines that such designation is no longer required under the criteria spec ified in paragraph (a) of this section. The Deputy Administrator or an in spector shall terminate the designation provided for under paragraph (b) of this section of any premises designated as a regulated area or a suppressive or a generally infested area when he deter mines that such designation is no longer required under the criteria spec ified 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 certifi cation, permit, or other requirements. The Deputy Administrator may, in a sup plemental regulation designated as § 301.80–2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he may prescribe, if he finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements. [41 FR 27372, July 2, 1976] § 301.80–2a Regulated areas; generally infested and suppressive areas. The civil divisions and parts of civil divisions described below are des ignated as witchweed regulated areas within the meaning of this subpart. NORTH CAROLINA (1) Generally infested areas. None. (2) Suppressive areas. Bladen County. That area located north and east of the Cape Fear River. The Hardison, H.B., farm located on a field road 0.25 mile northwest of its intersection with State Secondary Road 1719 and 0.2 mile west of its intersection with State Sec ondary Road 1797. Cumberland County. That area bounded on the west by the Cape Fear River, then by a line running east and northeast along the Fayetteville city limits to U.S. Highway 301, then northeast on U.S. Highway 301 to Inter state 95, then northeast on Interstate 95 to U.S. Highway 13, then east and northeast on U.S. Highway 13 to the Cumberland-Sampson County line. The Barker, P.R., farm located on the south side of State Secondary Road 2242, 0.2 mile south of Interstate 95 on State Sec ondary Road 2252. The Jackson, Ellis, farm located on the west side of State Secondary Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59. The Lovick, Eugene, farm located on the north side of State Secondary Road 1732 and 0.9 mile west of its intersection with U.S. Highway 301. The McLaughlin, Cornell, farm located on the south side of State Secondary Road 2221 and 0.2 mile east of its intersection with State Secondary Road 2367. The Thigpen, William, farm located on the south side of State Secondary Road 2212 and 1 mile west of its intersection with N.C. Highway 87. Pender County. The Cones Folly farm lo cated along a farm road 2.3 miles south of its intersection with State Secondary Road 1201 and 2.2 miles southeast of its intersection with State Secondary Road 1200. Robeson County. That area bounded on the west by the Robeson County/Scotland Coun ty line; then by a line running east along the Robeson County/Hoke County line to N.C. Highway 211; then southeast on N.C. High way 211 to the Robeson County/Bladen Coun ty line; then south along the Robeson Coun ty/Bladen County line and the Robeson County/Columbus County line to U.S. High way 74; then northwest on U.S. Highway 74 to N.C. Highway 41; then south on N.C. High way 41 to the South Carolina State line; and then northwest along the South Carolina State line to the Robeson County/Scotland County line. (This area may be more gen erally described as that part of Robeson County lying south and west of N.C. Highway 211, bounded by U.S. Highway 74 east of N.C. Highway 41 and by the South Carolina line west of N.C. Highway 41.) The Brown, James, farm located on the south side of a private road known as Reola Drive, 0.1 mile east of its intersection with State Secondary Road 1823, which intersec tion is 0.7 mile south of the intersection of VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 101 Animal and Plant Health Inspection Service, USDA § 301.80–2a State Secondary Road 1823 with State Sec ondary Road 1774. The Buie, Joshua, farm located on a farm road 0.8 mile south of its intersection with State Secondary Road 1529 and 0.3 mile southwest of the right of way of Interstate Highway 95. The Lewis, Knox, farm located on the south side of State Secondary Road 1752, 0.5 mile east of its intersection with State Sec ondary Road 1318. Sampson County. That area bounded on the north by N.C. Highway 24 and on the east by U.S. Highway 701. The Brady-Johnson, William, property lo cated on a private road in the town of Salemburg, 0.1 mile north of its intersection with Church Street and 0.1 mile west of its intersection with N.C. Highway 242. The Carter, Raeford, farm located on the west side of State Secondary Road 1144, 0.2 mile north of its intersection with State Sec ondary Road 1143. The Lucas, June, estate located at the end of State Secondary Road 1496, 1.0 mile north west of its intersection with State Sec ondary Road 1233. The Parker, David, farm located on the northwest side of the intersection of a pri vate road known as David Parker Lane and State Secondary Road 1301, 0.5 mile north of the intersection of State Secondary Road 1301 with N.C. Highway 24. The Riley, Troy Lee, property located 0.05 mile west of the end of a private road known as Stage Coach Lane, 0.2 mile north of the intersection of Stage Coach Lane and N.C. Highway 24, in the town of Autryville. SOUTH CAROLINA (1) Generally infested areas. None. (2) Suppressive areas. Horry County. The Bell, Richard, farm lo cated on the east side of State Highway 90, 5.7 miles north of its intersection with State Highway 22. The Chestnut, Jacob T., farm located on the west side of an unpaved road known as Short Cut Road, 0.2 mile north of its junc tion with an unpaved road known as Pint Circle Road, 0.4 mile east of its junction with and 0.8 mile north of its junction with State Highway 90. The Cribbs, L.V., farm located on the west side of an unpaved road known as Causey Road, 3.3 miles north of its intersection with a secondary road known as Sandplant Road and 2.1 miles west of its intersection with State Highway 76. The Cribbs, L.V., farm located on the east side of an unpaved road known as Causey Road, 2.8 miles north of its intersection with a secondary road known as Sandplant Road and 2.1 miles west of its intersection with State Highway 76. The Gerald, Kenneth, farm located on the south side of a secondary highway known as Lake Swamp Road, 0.4 mile east of its inter section with a secondary highway known as Nichols Highway South and 1.6 miles south of its intersection with State Highway 917. The Gerald, Ravenell, farm located on the north side of an unpaved road known as Farming Dale Road, 0.6 mile north of its junction with State Highway 917 and 1.1 miles east of its intersection with a sec ondary highway known as Nichols Highway. The Hammonds, Austin J., farm located on the north side of a secondary road known as Sandplant Road, 1.5 miles west of its inter section with State Highway 76 and 1.7 miles north of its intersection with State Highway 9. The Livingston, Pittman, farm located on the east side of State Highway 90, 2.2 miles north of its junction with State Highway 22. The Mae, Blossie, farm located on the west side of an unpaved road known as Dela Road, 0.3 mile south of its intersection with a sec ondary road known as Pint Circle Road, 0.2 mile west of its intersection with State Highway 90, and 3.5 miles north of its inter section with State Highway 22. The McDaniel, Ellis, farm located on the south side of State Highway 917, 1.4 miles west of its intersection with a secondary highway known as Nichols Highway. The Smith, Tommy G., farm located on the south side of a secondary road known as Old Chesterfield Road, 0.5 mile east of its inter section with State Highway 90 and 2.7 miles north of its intersection with State Highway 22. The Strickland, Quincy, farm located on the north side of State Highway 917, 1.2 miles west of its intersection with a secondary highway known as Nichols Highway. The Stroud, J.B., farm located on the east side of an unpaved road known as Providence Drive, 1.3 miles north of its junction with an unpaved road known as Tranquil Road, 0.5 mile west of its junction with a secondary highway known as Nichols Highway North and 2.3 miles north of its intersection with State Highway 917. The Vault, Bennie, farm located on the west side of an unpaved road known as Strawberry Road, 0.5 mile south of its junc tion with State Highway 90. Vereen, Isiah, farm located on the west side of an unpaved road known as West Shore Road, 1.6 miles south of its junction with State Highway 90. Vereen, Lula, farm located on the north side of a secondary road known as Dogwood Road, 1.6 miles north of its intersection with State Highway 22, then 0.7 mile east of its intersection with State Highway 90. The Willoughby, Shane, farm located on the north side of an unpaved road known as Farming Dale Road, 0.4 mile north of its junction with State Highway 917 and 1.1 miles east of its intersection with a sec ondary highway known as Nichols Highway. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 102 7 CFR Ch. III (1–1–17 Edition) § 301.80–2b 1 The articles hereby exempted remain sub ject to applicable restrictions under other quarantines. 2 Information as to designated facilities, gins, oil mills, and processing plants may be obtained from an inspector. Any facility, gin, oil mill, or processing plant is eligible for designation under this subpart if the op erator thereof enters into a compliance agreement (as defined in § 301.80–1(b)). 3 Requirements under all other applicable Federal domestic plant quarantines must also be met. The Worley, Floyd C., farm located on both sides of a secondary road known as Sandplant Road, 1.1 miles west of its inter section with State Highway 76 and 1.7 miles north of its intersection with State Highway 9. Marion County. The Baxley, Warner, farm located on the west side of Penderboro Road, 1.6 miles north of its intersection with the State Highway 501 Bypass. The Best Woods Road and Bubba Road farm located on both sides of Best Woods Road, 1.4 miles south of its intersection with State Highway 76. The Erwin, Harold, farm located on the west side of the State secondary road known as Laughin Road, 1 mile north of its inter section with State Highway 76. The Gerald, Issaic, farm located on the west side of a secondary road known as Foxworth Road, 0.3 mile northwest of its intersection with Secondary Road 9. The Holmes, Issaic, farm located on the east side of an unpaved road known as Phill Road, 0.5 mile south of its junction with State Highway 9 and 5 miles east of its inter section with State Highway 41–A. The Johnson, J. D., farm located on the west side of an unpaved road known as Har old Road, 0.6 mile north of its intersection with Old Mullins Road and 1.3 miles west of its intersection with North Main Street in Nichols. The Keen, Davis, Estate farm located on the south side of an unpaved road known as Frazier Road, 0.7 mile northwest of its inter section with Secondary Road 9. The Richardson, Billy, farm located on the east side of Secondary Road 908, 0.8 mile north of its intersection with State Highway 378. The Rogers, Paul, farm located on the north side of an unpaved road known as To bacco Barn Road, 0.8 mile west of its inter section with a State secondary road known as E. Sellers Road and 1.7 miles north of its intersection with State Highway 41–A. [68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003; 72 FR 7925, Feb. 22, 2007; 72 FR 44951, Aug. 10, 2007] § 301.80–2b Exempted articles. 1 (a) The following articles are exempt from the certification and permit and other requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (5) of this section and have not been ex posed to infestation after cleaning or other handling as prescribed in said paragraph: (1) Small grains, if harvested in bulk or into new or treated containers, and if the grains and containers for the grains have not come in contact with the soil or if they have been cleaned at a designed facility. 2 (2) Soybeans, when determined by an inspector that the soybeans were grown, harvested, and handled in a manner to prevent contamination from witchweed seed. (3) Pickling cucumbers, string beans, and field peas, if washed free of soil with running water. (4) Used farm tools, if cleaned free of soil. (5) Used mechanized cultivating equipment and used mechanized soil moving equipment, if cleaned free of soil. (b) The following article is exempt from the certification and permit re quirements of § 301.80–4 under the appli cable conditions as prescribed in para graph (b)(1) of this section: (1) Seed cotton, if moving to a des ignated gin. 2 [42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988] § 301.80–3 Conditions governing the interstate movement of regulated articles from quarantined States. 3 (a) Any regulated articles, except soil samples for processing, testing, or analysis, may be moved interstate from any quarantined State under the following conditions: (1) With certificate or permit issued and attached in accordance with §§ 301.80–4 and 301.80–7, if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 103 Animal and Plant Health Inspection Service, USDA § 301.80–4 4 Pamphlets containing provisions for lab oratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Depart ment of Agriculture, Washington, DC 20250. 5 For list of approved laboratories, see (41 FR 4615 and amendments thereof). (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous sup pressive areas; or (iv) Between contiguous suppressive areas when it is determined by an in spector that the regulated articles present a hazard of the spread of the witchweed and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) Without certificate or permit if moved: (i) From any regulated area under the provisions of § 301.80–2b which ex empts certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an in spector that a hazard of spread of the witchweed exists; or (v) Through or reshipped from any regulated area if the articles origi nated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner sat isfactory to the inspector; or (3) From any area outside the regu lated areas, if moved: (i) With a certificate or permit at tached; or (ii) Without a certificate or permit, if: (A) The regulated articles are exempt from certification and permit require ments under the provisions of § 301.80– 2b; or (B) The point of origin of such move ment is clearly indicated on the arti cles or shipping document which ac companies the articles and if the move ment is not made through any regu lated area. (b) Unless specifically authorized by the Deputy Administrator in emer gency situations, soil samples for proc essing, testing, or analysis may be moved interstate from any regulated area only to laboratories approved 4 by the Deputy Administrator and so listed by him in a supplemental regulation. 5 A certificate or permit will not be re quired to be attached to such soil sam ples except in those emergency situa tions where the Deputy Administrator has authorized such movement to an other destination with a certificate or permit issued and attached in accord ance with §§ 301.80–4(d) and 301.80–7. Soil samples originating in areas outside of the regulated areas will not require such a certificate or permit and their movement is not restricted to approved laboratories if the point of origin of such samples is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. [41 FR 27373, July 2, 1976] § 301.80–4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for move ment to any destination under all Fed eral domestic plant quarantines appli cable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy in festation in accordance with the treat ment manual; or (3) Have been grown, produced, manu factured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate move ment of regulated articles (except soil samples for processing, testing, or analysis) not eligible for certification VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 104 7 CFR Ch. III (1–1–17 Edition) § 301.80–5 under this subpart, to specified des tinations for limited handling, utiliza tion, or processing, or for treatment in accordance with the treatment man ual, when upon evaluation of the cir cumstances involved in each specific case he determines that such move ment will not result in the spread of witchweed and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for proc essing, testing, or analysis) to any des tination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for cer tification under all such quarantines but would otherwise qualify for certifi cation under this subpart. (d) Scientific permits to allow the interstate movement of regulated arti cles, and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations, may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Ad ministrator to prevent the spread of witchweed. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subse quent shipments of regulated articles (except soil samples for processing, testing, or analysis) provided such per son is operating under a compliance agreement; and any such person may be authorized by an inspector to repro duce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated arti cles from the premises of such person identified in the compliance agreement if such person has treated such regu lated articles to destroy infestation in accordance with the treatment man ual, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determina tions specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for cer tification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Dep uty Administrator if he determines that the holder thereof has not com plied with any condition for the use of such document imposed by this sub part. As soon as possible after such withdrawal, the holder of the certifi cate or permit shall be notified in writ ing by the Deputy Administrator or an inspector of the reason therefor and af forded reasonable opportunity to present his views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80–5 Compliance agreements; and cancellation thereof. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Ad ministrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is su pervising its enforcement whenever he finds that such other party has failed to comply with the conditions of the agreement. As soon as possible after such cancellation, such party shall be notified in writing by the Deputy Ad ministrator or an inspector of the rea son therefor and afforded reasonable opportunity to present views thereon, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 105 Animal and Plant Health Inspection Service, USDA § 301.81–1 and if there is a conflict as to any ma terial fact, a hearing shall be held to resolve such conflict. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80–6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or re productions thereof, under § 301.80–4(e)) who desire to move interstate regu lated articles which must be accom panied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such a manner as the inspector des ignates to facilitate inspection. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80–7 Attachment and disposition of certificates or permits. (a) If a certificate or permit is re quired for the interstate movement of regulated articles, the certificates or permit shall be securely attached to the outside of the container in which such articles are moved except that, where the certificate or permit is at tached to the waybill or other shipping document, and the regulated articles are adequately described on the certifi cate, permit or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or per mits shall be furnished by the carrier to the consignee at the destination of the shipment. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] § 301.80–8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and witchweed as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in ac cordance with instructions issued by the Deputy Administrator. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001] § 301.80–9 Movement of witchweed. Regulations requiring a permit for, and otherwise governing the movement of witchweed in interstate or foreign commerce are contained in the Federal plant pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] § 301.80–10 Nonliability of the Depart ment. The U.S. Department of Agriculture disclaims liability for any costs inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] Subpart—Imported Fire Ant SOURCE: 57 FR 57327, Dec. 4, 1992, unless otherwise noted. QUARANTINE AND REGULATIONS § 301.81 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated ar ticle except in accordance with this subpart. § 301.81–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the U.S. Depart ment of Agriculture (APHIS). Certificate. A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved interstate to any destination. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 106 7 CFR Ch. III (1–1–17 Edition) § 301.81–2 1 Permit and other requirements for the interstate movement of imported fire ants are contained in part 330 of this chapter. 2 The movement of soil from Puerto Rico is subject to additional provisions in part 330 of this chapter. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles that are moved interstate, in which the person agrees to comply with the provisions of this subpart and any conditions im posed under this subpart. Imported fire ant. Living imported fire ants of the species Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of these species. Infestation (infested). The presence of an imported fire ant queen or a repro ducing colony of imported fire ants, ex cept that on grass sod and plants with roots and soil attached, an infestation is the presence of any life form of the imported fire ant. Inspector. An APHIS employee or other person authorized by the Admin istrator to enforce the provisions of this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector affirms that a specified regulated article not eligible for a cer tificate is eligible for interstate move ment only to a specified destination and in accordance with conditions specified on the permit. Movement (moved). The act of ship ping, transporting, delivering, or re ceiving for movement, or otherwise aiding, abetting, inducing or causing to be moved. Noncompacted soil. Soil that can be removed from an article by brisk brushing or washing with water under normal city water pressure (at least 4 gallons per minute at 40 to 50 pounds per square inch through a 1⁄2-inch ori fice). Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Reproducing colony. A combination of one or more imported fire ant workers and one or more of the following imma ture imported fire ant forms: Eggs, lar vae, or pupae. Soil. Any non-liquid combination of organic and/or inorganic material in which plants can grow. Soil-moving equipment. Equipment used for moving or transporting soil, including, but not limited to, bull dozers, dump trucks, or road scrapers. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.81–2 Regulated articles. The following are regulated articles: (a) Imported fire ant queens and re producing colonies of imported fire ants. 1 (b) Soil, 2 separately or with other ar ticles, except potting soil that is shipped in original containers in which the soil was placed after commercial preparation. (c) Baled hay and baled straw stored in direct contact with the ground; (d) Plants and sod with roots and soil attached, except plants maintained in doors in a home or office environment and not for sale; (e) Used soil-moving equipment, un less removed of all noncompacted soil; and (f) Any other article or means of con veyance when: (1) An inspector determines that it presents a risk of spread of the im ported fire ant due to its proximity to an infestation of the imported fire ant; and (2) The person in possession of the product, article, or means of convey ance has been notified that it is regu lated under this subpart. (Approved by the Office of Management and Budget under control number 0579–0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81–3 Quarantined areas. (a) The Administrator will quar antine each State or each portion of a State that is infested. (b) Less than an entire State will be listed as a quarantined area only if the Administrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated articles VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 107 Animal and Plant Health Inspection Service, USDA § 301.81–3 listed in § 301.81–2 that are equivalent to the interstate movement restric tions imposed by this subpart; and (2) Designating less than the entire State as a quarantined area will pre vent the spread of the imported fire ant. (c) The Administrator may include uninfested acreage within a quar antined area due to its proximity to an infestation or inseparability from the infested locality for quarantine pur poses, as determined by: (1) Projections of spread of imported fire ant around the periphery of the in festation, as determined by previous years’ surveys; (2) Availability of natural habitats and host materials, within the uninfested acreage, suitable for estab lishment and survival of imported fire ant populations; and (3) Necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries. (d) The Administrator or an inspec tor may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the per son responsible for the management of the nonquarantined area; thereafter, the interstate movement of any regu lated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quar antined areas in paragraph (e) of this section, or the Administrator will ter minate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person re sponsible for the management of, an area for which the designation is ter minated will be given written notice of the termination as soon as practicable. (e) The areas described below are des ignated as quarantined areas: ALABAMA The entire State. ARKANSAS Ashley County. The entire county. Bradley County. The entire county. Calhoun County. The entire county. Chicot County. The entire county. Clark County. The entire county. Cleveland County. The entire county. Columbia County. The entire county. Dallas County. The entire county. Desha County. The entire county. Drew County. The entire county. Faulkner County. The entire county. Garland County. The entire county. Grant County. The entire county. Hempstead County. The entire county. Hot Spring County. The entire county. Howard County. The entire county. Jefferson County. The entire county. Lafayette County. The entire county. Lincoln County. The entire county. Little River County. The entire county. Lonoke County. The entire county. Miller County. The entire county. Montgomery County. The entire county. Nevada County. The entire county. Ouachita County. The entire county. Perry County. The entire county. Pike County. The entire county. Polk County. The entire county. Pulaski County. The entire county. Saline County. The entire county. Sevier County. The entire county. Union County. The entire county. Yell County. The entire county. CALIFORNIA Los Angeles County. That portion of Los Angeles County in the Cerritos area bounded by a line beginning at the intersection of Artesia Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the Los Angeles/Orange County Line; then south and west along the Los Angeles/Orange County Line to Carson Street; then west along Carson Street to Norwalk Boulevard; then north along Norwalk Boulevard to Centralia Street; then west along Centralia Street to Pioneer Boulevard; then north along Pioneer Boulevard to South Street; then east along South Street to Norwalk Boulevard; then north along Norwalk Boule vard to 183rd Street; then east along 183rd Street to Bloomfield Avenue; then north along Bloomfield Avenue to Artesia Boule vard; then east along Artesia Boulevard to the point of beginning. That portion of Los Angeles County in the Azusa area bounded by a line beginning at the intersection of Irwindale Avenue and Foothill Boulevard; then east along Foothill Boulevard to Azusa Avenue; then south along Azusa Avenue to East Fifth Street; then east along East Fifth Street to North Cerritos Avenue; then south along North Cerritos Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 108 7 CFR Ch. III (1–1–17 Edition) § 301.81–3 then south along Azusa Avenue to Covina Boulevard; then west along an imaginary line to the intersection of Martinez Street and Irwindale Avenue; then north along Irwindale Avenue to the point of beginning. Orange County. The entire county. Riverside County. That portion of River side County in the Indio area bounded by a line beginning at the intersection of Avenue 50 and Jackson Street; then south along Jackson Street to 54th Avenue; then west along 54th Avenue to Madison Street; then north along Madison Street to Avenue 50; then east along Avenue 50 to the point of be ginning. That portion of Riverside County in the Moreno Valley area bounded by a line begin ning at the intersection of Reche Vista Drive and Canyon Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; then east along Valley Ranch Road to Michael Way; then south along Michael Way to Casey Court; then east along Casey Court to the Moreno Valley City Limits; then south and east along the Moreno Valley City Limits to Pico Vista Way; then southwest along Pico Vista Way to Los Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then west along Jaclyn Avenue to Perris Boulevard; then south along Perris Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard Street; then north along Hubbard Street to Nightfall Way; then west and south along Nightfall Way to Sundial Way; then west along Sun dial Way to Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane to Moonraker Lane; then west along Moonraker Lane to Davis Street; then south along Davis Street to Gregory Lane; then west along Gregory Lane to Heacock Street; then northwest along an imaginary line to the intersection of Lake Valley Drive and Breezy Meadow Drive; then north along Breezy Meadow Drive to its intersection with Stony Creek; then north along an imaginary line to the intersection of Old Lake Drive and Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to El Granito Street; then east along El Granito Street to Lawless Road; then east along an imaginary line to the intersection of Heacock Street and Reche Vista Drive; then north along Reche Vista Drive to the point of beginning. That portion of Riverside County in the Bermuda Dunes, Palm Desert, and Rancho Mirage areas bounded by a line beginning at the intersection of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then west along Gerald Ford Drive to Bob Hope Drive; then south along Bob Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive to Vista Del Sol; then south along Vista Del Sol to Coun try Club Drive; then east along Country Club Drive to Adams Street; then south along Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo Place; then south along Tranquillo Place to its intersec tion with Harbour Court; then southwest along an imaginary line to the intersection of Granada Drive and Caballeros Drive; then southeast along Caballeros Drive to King ston Drive; then west along Kingston Drive to Mandeville Road; then east along Mandeville Road to Port Maria Road; then south along Port Maria Road to Fred Waring Drive; then west along Fred Waring Drive to its intersection with Dune Palms Road; then southwest along an imaginary line to the intersection of Adams Street and Miles Ave nue; then west along Miles Avenue to Wash ington Street; then northwest along Wash ington Street to Fred Waring Drive; then west along Fred Waring Drive to Joshua Road; then north along Joshua Road to Park View Drive; then west along Park View Drive to State Highway 111; then northwest along State Highway 111 to Magnesia Fall Drive; then west along Magnesia Fall Drive to Gardess Road; then northwest along Gardess Road to Dunes View Road; then northeast along Dunes View Road to Halgar Road; then northwest along Halgar Road to Indian Trail Road; then northeast along In dian Trail Road to Mirage Road; then north along Mirage Road to State Highway 111; then northwest along State Highway 111 to Frank Sinatra Drive; then west along Frank Sinatra Drive to Da Vall Drive; then north along Da Vall Drive to Ramon Road; then east along Ramon Road to the point of be ginning. That portion of Riverside County in the Palm Springs area bounded by a line begin ning at the intersection of Tramway Road, State Highway 111, and San Rafael Drive; then east along San Rafael Drive to Indian Canyon Drive; then south along Indian Can yon Drive to Francis Drive; then east along Francis Drive to North Farrell Drive; then south along North Farrell Drive to Verona Road; then east along Verona Road to White water Club Drive; then east along an imagi nary line to the intersection of Verona Road and Ventura Drive; then east along Verona Road to Avenida Maravilla; then east and south along Avenida Maravilla to 30th Ave nue; then west along 30th Avenue to its end; then due west along an imaginary line to the Whitewater River; then southeast along the Whitewater River to Dinah Shore Drive; then west along an imaginary line to the east end of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then south along Golf Club Drive to East Palm Canyon Drive; then south along an imaginary line to the intersection of Desterto Vista and Palm VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 109 Animal and Plant Health Inspection Service, USDA § 301.81–3 Hills Drive; then south along Palm Hills Drive to its end; then southwest along an imaginary line to the intersection of Murray Canyon and Palm Canyon Drive; then north west along Palm Canyon Drive to the Palm Springs city limits; then west and north along Palm Springs city limits to Tahquitz Creek; then due north along an imaginary line to Tramway Road; then northeast along Tramway Road to the point of beginning. FLORIDA The entire State. GEORGIA The entire State. LOUISIANA The entire State. MISSISSIPPI The entire State. NEW MEXICO Dona Ana County. The entire county. NORTH CAROLINA Anson County. The entire county. Beaufort County. The entire county. Bertie County. That portion of the county bounded by a line beginning at the intersec tion of State Highway 11/42 and the Hertford/ Bertie County line; then east along the Hert ford/Bertie County line to the Bertie/Chowan County line; then south along the Bertie/ Chowan County line to the Bertie/Martin County line; then west along the Bertie/Mar tin County line to State Highway 11/42; then north along State Highway 11/42 to the point of beginning. Bladen County. The entire county. Brunswick County. The entire county. Cabarrus County. The entire county. Camden County. That portion of the coun ty bounded by a line beginning at the inter section of State Road 1112 and State High way 343; then east along State Highway 343 to State Road 1107; then south along State Road 1107 to the Camden/Pasquotank County line; then north along the Camden/ Pasquotank County line to State Road 1112; then north along State Road 1112 to the point of beginning. Carteret County. The entire county. Chatham County. The entire county. Cherokee County. That portion of the county lying south and west of a line begin ning at the intersection of the Cherokee/Clay County line and the North Carolina/Georgia State line; then north to U.S. Highway 64; then northwest along the southern shoreline of Hiwassee Lake to the Tennessee State line. Chowan County. That portion of the coun ty bounded by a line beginning at the inter section of the Chowan/Gates County line and State Highway 32; then south along State Highway 32 to State Highway 37; then east along State Highway 37 to the Chowan/ Perquimans County line; then south along the Chowan/Perquimans County line to the shoreline of the Albemarle Sound; then west along the shoreline of the Albemarle Sound to the Chowan/Bertie County line; then north along the Chowan/Bertie County line to the Chowan/Hertford County line; then north along the Chowan/Hertford County line to the Chowan/Gates County line; then east along the Chowan/Gates County line to the point of beginning. Clay County. That portion of the county lying southwest of State Highway 69 and the North Carolina/Georgia State line; then north along Interstate 70 to its intersection with U.S. Highway 64; then west along U.S. Highway 64 to the Clay/Cherokee County boundary. Cleveland County. The entire county. Columbus County. The entire county. Craven County. The entire county. Cumberland County. The entire county. Currituck County. That portion of the county bounded by a line beginning at the intersection of the Currituck/Camden Coun ty line and State Road 1112; then east along State Road 1112 to U.S. Highway 158; then south along U.S. Highway 158 to State Road 1111; then east along State Road 1111 to the shoreline of the Atlantic Ocean; then south along the shoreline of the Atlantic Ocean to the Currituck/Duck County line; then south and west along the Currituck/Duck County line to the Currituck/Camden County line; then north along the Currituck/Camden County line to the point of beginning. Dare County. The entire county, excluding the portion of the barrier islands south of Oregon Inlet. Duplin County. The entire county. Durham County. That portion of the coun ty lying south of Interstate 85. Edgecombe County. That portion of the county lying south of a line beginning at the intersection of State Highway 111 and the Martin/Edgecombe County line; then south west on State Highway 111 to U.S. Highway 64 Alternate; then west on U.S. Highway 64 Alternate to County Route 1252; then west of this northerly line to County Route 1408; then west on County Route 1408 to County Route 1407; then south on County Route 1407 to the Edgecombe/Nash County line. Gaston County. The entire county. Greene County. The entire county. Harnett County. The entire county. Hertford County. That portion of the coun ty lying south and east of a line beginning at the intersection of State Highway 11 and the Bertie/Hertford county line; then northeast on State Highway 11 to the U.S. Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/Gates County line. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 110 7 CFR Ch. III (1–1–17 Edition) § 301.81–3 Hoke County. The entire county. Hyde County. The entire county. Iredell County. That portion of the county lying south of State Highway 150. Johnston County. The entire county. Jones County. The entire county. Lee County. The entire county. Lenoir County. The entire county. Lincoln County. That portion of the coun ty lying east of State Highway 321. Martin County. That portion of the county lying south of a line beginning at the inter section of State Highway 111 and the Edgecombe/Martin County line; then north and east on State Highway 111 to State High way 11/42; then northeast along State High way 11/42 to the Martin/Bertie County line. Mecklenburg County. The entire county. Montgomery County. The entire county. Moore County. The entire county. Nash County. That portion of the county lying south and east of the line beginning at the intersection of U.S. Highway 64 and the Franklin/Nash County line; then northeast on U.S. Highway 64 to Interstate 95; then north on Interstate 95 to State Highway 4; then east on State Highway 4 to U.S. High way 301; then east along a straight line from the intersection of State Highway 64 and U.S. Highway 301 to the Nash/Edgecombe County line. New Hanover County. The entire county. Onslow County. The entire county. Orange County. The portion of the county that lies south of Interstate 85. Pamlico County. The entire county. Pasquotank County. That portion of the county bounded by a line beginning at the intersection of the Pasquotank/Perquimans County line and U.S. Highway 17; then east along U.S. Highway 17 to the Pasquotank/ Camden County line; then south along the Pasquotank/Camden County line to the shoreline of the Albemarle Sound; then west along the shoreline of the Albemarle Sound to the Pasquotank/Perquimans County line; then north along the Pasquotank/ Perquimans County line to the point of be ginning. Pender County. The entire county. Perquimans County. That portion of the county bounded by a line beginning at the intersection of the Perquimans/Chowan County line and State Road 1118; then east along State Road 1118 to State Road 1200; then north along State Road 1200 to State Road 1213; then east along State Road 1213 to State Road 1214; then southeast along State Road 1214 to State Road 1221; then northeast along State Road 1221 to the Perquimans/ Pasquotank County line; then south along the Perquimans/Pasquotank County line to the shoreline of the Albemarle Sound; then west along the shoreline of the Albemarle Sound to the Perquimans/Chowan County line; then north along the Perquimans/Cho wan County line to the point of beginning. Pitt County. The entire county. Polk County. The entire county. Randolph County. That portion of the county lying south of the line beginning at the intersection of State Highway 49 and the Davidson/Randolph County line; then east on State Highway 49 to U.S. Highway 64; then east on U.S. Highway 64 to its intersection with the Randolph/Chatham County line. Richmond County. The entire county. Robeson County. The entire county. Rutherford County. That portion of the county lying south of State Highway 74. Sampson County. The entire county. Scotland County. The entire county. Stanly County. The entire county. Tyrrell County. The entire county. Union County. The entire county. Wake County. The entire county. Washington County. The entire county. Wayne County. The entire county. Wilson County. The entire county. OKLAHOMA Bryan County. The entire county. Carter County. The entire county. Choctaw County. The entire county. Comanche County. The entire county. Johnston County. The entire county. Love County. The entire county. Marshall County. The entire county. McCurtain County. The entire county. PUERTO RICO The entire State. South Carolina The entire State. TENNESSEE Anderson County. That portion of the county lying east and south of a line begin ning at the intersection of the Roane/Ander son County line and Tennessee Highway 330; then northeast on Tennessee Highway 330 to Tennessee Highway 116; then north on Ten nessee Highway 116 to Interstate 75; then southeast on Interstate 75 to the Anderson/ Knox County line. Bedford County. The entire county. Benton County. The entire county. Bledsoe County. The entire county. Blount County. The entire county. Bradley County. The entire county. Carroll County. The entire county. Chester County. The entire county. Coffee County. That portion of the county lying west and south of a line beginning at the intersection of the Cannon/Coffee County line and Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road; then southeast on Riddle Road to Keele Road; then northeast on Keele Road to Ten nessee Highway 55; then northeast on Ten nessee Highway 55 to Swann Road; then east on Swann Road to Wiser Road; then north on VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 111 Animal and Plant Health Inspection Service, USDA § 301.81–3 Wiser Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road to the Coffee/Warren County line. Crockett County. That portion of the coun ty lying east of a line beginning at the inter section of the Haywood/Crockett County line and U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; then northeast on Tennessee Highway 54 to the Crockett/Gib son County line. Cumberland County. That portion of the county lying southeast of a line beginning at the intersection of the White/Cumberland County line and U.S. Highway 70; then east on U.S. Highway 70 to Market Street (in Crab Orchard); then north on Market Street to Main Street; then west on Main Street to Chestnut Hill Road; then northeast on Chest nut Hill Road to Westchester Drive; then north on Westchester Drive to Peavine Road; then east on Peavine Road to Hebbertsburg Road; then northeast on Hebbertsburg Road to the Cumberland/Morgan County line. Davidson County. That portion of the county lying southeast of a line beginning at the intersection of the Williamson/Davidson County line and U.S. Highway 431; then northeast on U.S. Highway 431 to Tennessee Highway 254; then east on Tennessee High way 254 to U S. Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee High way 255; then northeast on Tennessee High way 255 to Interstate 40; then east on Inter state 40 to the Davidson/Wilson County line. Decatur County. The entire county. Fayette County. The entire county. Franklin County. The entire county. Gibson County. That portion of the county lying southeast of a line beginning at the intersection of the Madison/Gibson County line and U.S. Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45 By pass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to U.S. Highway 79/ 70A; then northeast on U.S. Highway 79/70A to the Gibson/Carroll County line. Giles County. The entire county. Grundy County. The entire county. Hamilton County. The entire county. Hardeman County. The entire county. Hardin County. The entire county. Haywood County. That portion of the county lying southeast of Tennessee High way 54. Henderson County. The entire county. Hickman County. The entire county. Humphreys County. That portion of the county lying south of a line beginning at the intersection of the Benton/Humphreys Coun ty line and the line of latitude 36°; then con tinuing east along the line of latitude 36° to Forks River Road; then south on Forks River Road to Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway 13; then south on Tennessee Highway 13 to Interstate 40; then east on Interstate 40 to the Humphreys/Hickman County line. Knox County. That portion of the county lying southwest of a line beginning at the intersection of the Union/Knox County line and Tennessee Highway 33; then south on Tennessee Highway 33 to the Tennessee River; then northeast along the Tennessee River to the French Broad River; then east along the French Broad River to the Knox/ Sevier County line. Lawrence County. The entire county. Lewis County. The entire county. Lincoln County. The entire county. Loudon County. The entire county. Madison County. The entire county. Marion County. The entire county. Marshall County. That portion of the coun ty lying south of a line beginning at the intersection of the Maury/Marshall County line and Moses Road; then northeast on Moses Road to Wilson School Road; then southeast on Wilson School Road to Lunns Store Road; then south on Lunns Store Road to Tennessee Highway 99; then east on Ten nessee Highway 99 to U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road; then south on James Shaw Road to Clay Hill Road; then east on Clay Hill Road to Warner Road; then south on Warner Road to Batten Road; then southeast on Batten Road to the Marshall/Bedford County line. Maury County. That portion of the county lying south of a line beginning at the inter section of the Hickman/Maury County line and Jones Valley Road; then east on Jones Valley Road to Leipers Creek Road; then south on Leipers Creek Road to Tennessee Highway 247; then northeast on Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee Highway 246 to the Maury/Williamson County line. McMinn County. The entire county. McNairy County. The entire county. Meigs County. The entire county. Monroe County. The entire county. Moore County. The entire county. Morgan County. That portion of the coun ty lying south of a line beginning at the intersection of the Cumberland/Morgan County line and Tennessee Highway 298; then northeast on Tennessee Highway 298 to Ten nessee Highway 62; then southeast on Ten nessee Highway 62 to the Morgan/Roane County line. Perry County. The entire county. Polk County. The entire county. Rhea County. The entire county. Roane County. The entire county. Rutherford County. The entire county. Sequatchie County. The entire county. Shelby County. The entire county. Tipton County. That portion of the county lying south of a line beginning at the inter section of the Shelby/Tipton County line and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00121 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 112 7 CFR Ch. III (1–1–17 Edition) § 301.81–3 Tennessee Highway 14; then northeast on Tennessee Highway 14 to Tennessee Highway 179; then southeast on Tennessee Highway 179 to the Tipton/Haywood County line. Van Buren County. The entire county. Warren County. That portion of the county lying southeast of a line beginning at the intersection of the Coffee/Warren County line and Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north on Fred Hoover Road to Tennessee Highway 287; then northwest on Tennessee Highway 287 to Vervilla Road; then north east on Vervilla Road to Swan Mill Road; then east on Swan Mill Road to Grove Road; then southeast on Grove Road to Tennessee Highway 108/127; then northeast on Ten nessee Highway 108/127 to the split between Tennessee Highway 108 and Tennessee High way 127; then northeast on Tennessee High way 127 to Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fair view Road; then northeast on Fairview Road to Tennessee Highway 8; then southeast on Tennessee Highway 8 to Dark Hollow Road; then north on Dark Hollow Road to Ten nessee Highway 30; then northeast on Ten nessee Highway 30 to the Warren/Van Buren County line. Wayne County. The entire county. Williamson County. That portion of the county lying northeast of a line beginning at the intersection of the Davidson/Williamson County line and U.S. Highway 31; then south west on U.S. Highway 31 to U.S. Highway Business 431; then southeast on U.S. High way Business 431 to Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal Oaks Boulevard; then northeast on South Royal Oaks Boulevard to Ten nessee Highway 96; then east on Tennessee Highway 96 to Clovercroft Road; then north east on Clovercroft Road to Wilson Pike; then north on Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to Rocky Fork Road; then east on Rocky Fork Road to the Rutherford/Williamson County line. Also, that portion of the county en closed by a line beginning at the intersection of the Maury/Williamson County line and Tennessee Highway 246; then north on Ten nessee Highway 246 to Thompson Station Road West; then east on Thompson Station Road West to Thompson Station Road East; then east on Thompson Station Road East to Interstate 65; then south on Interstate 65 to the Williamson/Maury County line. TEXAS Anderson County. The entire county. Angelina County. The entire county. Aransas County. The entire county. Atascosa County. The entire county. Austin County. The entire county. Bandera County. The entire county. Bastrop County. The entire county. Bee County. The entire county. Bell County. The entire county. Bexar County. The entire county. Blanco County. The entire county. Bosque County. The entire county. Bowie County. The entire county. Brazoria County. The entire county. Brazos County. The entire county. Brooks County. The entire county. Brown County. The entire county. Burleson County. The entire county. Burnet County. The entire county. Caldwell County. The entire county. Calhoun County. The entire county. Cameron County. The entire county. Camp County. The entire county. Cass County. The entire county. Chambers County. The entire county. Cherokee County. The entire county. Collin County. The entire county. Colorado County. The entire county. Comal County. The entire county. Comanche County. The entire county. Cooke County. The entire county. Coryell County. The entire county. Dallas County. The entire county. Delta County. The entire county. Denton County. The entire county. De Witt County. The entire county. Dimmit County. The entire county. Duval County. The entire county. Eastland County. The entire county. Ector County. The entire county. Edwards County. The entire county. Ellis County. The entire county. Erath County. The entire county. Falls County. The entire county. Fannin County. The entire county. Fayette County. The entire county. Fort Bend County. The entire county. Franklin County. The entire county. Freestone County. The entire county. Frio County. The entire county. Galveston County. The entire county. Gillespie County. The entire county. Goliad County. The entire county. Gonzales County. The entire county. Grayson County. The entire county. Gregg County. The entire county. Grimes County. The entire county. Guadalupe County. The entire county. Hamilton County. The entire county. Hardin County. The entire county. Harris County. The entire county. Harrison County. The entire county. Hays County. The entire county. Henderson County. The entire county. Hidalgo County. The entire county. Hill County. The entire county. Hood County. The entire county. Hopkins County. The entire county. Houston County. The entire county. Hunt County. The entire county. Jack County. The entire county. Jackson County. The entire county. Jasper County. The entire county. Jefferson County. The entire county. Jim Wells County. The entire county. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00122 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 113 Animal and Plant Health Inspection Service, USDA § 301.81–4 Johnson County. The entire county. Jones County. The entire county. Karnes County. The entire county. Kaufman County. The entire county. Kendall County. The entire county. Kenedy County. The entire county. Kerr County. The entire county. Kimble County. The entire county. Kinney County. The entire county. Kleberg County. The entire county. La Salle County. The entire county. Lamar County. The entire county. Lampasas County. The entire county. Lavaca County. The entire county. Lee County. The entire county. Leon County. The entire county. Liberty County. The entire county. Limestone County. The entire county. Live Oak County. The entire county. Llano County. The entire county. Madison County. The entire county. Marion County. The entire county. Mason County. The entire county. Matagorda County. The entire county. Maverick County. The entire county. McCulloch County. The entire county. McLennan County. The entire county. McMullen County. The entire county. Medina County. The entire county. Midland County. The entire county. Milam County. The entire county. Montague County. The entire county. Montgomery County. The entire county. Morris County. The entire county. Nacogdoches County. The entire county. Navarro County. The entire county. Newton County. The entire county. Nueces County. The entire county. Orange County. The entire county. Palo Pinto County. The entire county. Panola County. The entire county. Parker County. The entire county. Polk County. The entire county. Rains County. The entire county. Real County. The entire county. Red River County. The entire county. Refugio County. The entire county. Robertson County. The entire county. Rockwall County. The entire county. Rusk County. The entire county. Sabine County. The entire county. San Augustine County. The entire county. San Jacinto County. The entire county. San Patricio County. The entire county. San Saba County. The entire county. Shelby County. The entire county. Smith County. The entire county. Somervell County. The entire county. Stephens County. The entire county. Tarrant County. The entire county. Taylor County. The entire county. Titus County. The entire county. Tom Green County. The entire county. Travis County. The entire county. Trinity County. The entire county. Tyler County. The entire county. Upshur County. The entire county. Uvalde County. The entire county. Val Verde County. The entire county. Van Zandt County. The entire county. Victoria County. The entire county. Walker County. The entire county. Waller County. The entire county. Washington County. The entire county. Webb County. The entire county. Wharton County. The entire county. Wichita County. The entire county. Willacy County. The entire county. Williamson County. The entire county. Wilson County. The entire county. Wise County. The entire county. Wood County. The entire county. Young County. The entire county. Zavala County. The entire county. [57 FR 57327, Dec. 4, 1992] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.81–3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.81–4 Interstate movement of reg ulated articles from quarantined areas. (a) Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under the following conditions: (1) With a certificate or limited per mit issued and attached in accordance with §§ 301.81–5 and 301.81–9 of this sub part; (2) Without a certificate or limited permit, provided that each of the fol lowing conditions is met: (i) The regulated article was moved into the quarantined area from an area that is not quarantined; (ii) The point of origin is indicated on a waybill accompanying the regulated article; (iii) The regulated article is moved through the quarantined area (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or parked in locations inacces sible to the imported fire ant, or in lo cations that have been treated in ac cordance with part 305 of this chapter, while in or moving through any quar antined area; and (iv) The article has not been com bined or commingled with other arti cles so as to lose its individual iden tity; or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00123 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 114 7 CFR Ch. III (1–1–17 Edition) § 301.81–5 3 Criteria that laboratories must meet to become approved to process, test, or analyze soil, and the list of currently approved lab oratories, may be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 4 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information on local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, River dale, Maryland 20737–1236. 5 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). (3) Without a certificate or limited permit provided the regulated article is a soil sample being moved to a labora tory approved by the Administrator 3 to process, test, or analyze soil sam ples. (b) Inspectors are authorized to stop any person or means of conveyance moving in interstate commerce they have probable cause to believe is mov ing regulated articles, and to inspect the articles being moved and the means of conveyance. Articles found to be in fested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quar antined, treated, subjected to other re medial measures, destroyed, or other wise disposed of. Any treatments will be in accordance with part 305 of this chapter. (Approved by the Office of Management and Budget under control number 0579–0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 75 FR 4240, Jan. 26, 2010] § 301.81–5 Issuance of a certificate or limited permit. (a) An inspector 4 or person operating under a compliance agreement will issue a certificate for the interstate movement of a regulated article ap proved under such compliance agree ment if he or she determines that the regulated article: (1) Is eligible for unrestricted move ment under all other applicable Fed eral domestic plant quarantines and regulations; (2) Is to be moved interstate in com pliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; 5 and (3)(i) Is free of an imported fire ant infestation, based on his or her visual examination of the article; (ii) Has been grown, produced, manu factured, stored, or handled in a man ner that would prevent infestation or destroy all life stages of the imported fire ant; (iii) Has been treated in accordance with part 305 of this chapter; or. (iv) If the article is containerized nursery stock, it has been produced in accordance with § 301.81-11. (b) An inspector will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if the inspector determines that the regulated article: (1) Is to be moved interstate to a specified destination for specified han dling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the imported fire ant be cause the imported fire ant will be de stroyed by the specified handling, utili zation, or processing; (2) Is to be moved interstate in com pliance with any conditions that the Administrator may impose under sec tion 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; and (3) Is eligible for interstate move ment under all other Federal domestic plant quarantines and regulations ap plicable to the regulated article. (c) An inspector shall issue blank cer tificates to a person operating under a compliance agreement (in accordance with § 301.81–6 of this subpart) or au thorize reproduction of the certificates on shipping containers, or both, as re quested by the person operating under the compliance agreement. These cer tificates may then be completed and used, as needed, for the interstate movement of regulated articles that VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 115 Animal and Plant Health Inspection Service, USDA § 301.81–9 6 Compliance agreements may be initiated by contacting a local office of Plant Protec tion and Quarantine, which are listed in tele phone directories. The addresses and tele phone numbers of local offices of Plant Pro tection and Quarantine may also be obtained from the Animal and Plant Health Inspec tion Service, Plant Protection and Quar antine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Mary land 20737–1236. 7 See footnote 4 to § 301.81–5(a). have met all of the requirements of paragraph (a) of this section. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001; 75 FR 4240, Jan. 26, 2010] § 301.81–6 Compliance agreements. Persons who grow, handle, or move regulated articles interstate may enter into a compliance agreement 6 if such persons review with an inspector each stipulation of the compliance agree ment, have facilities and equipment to carry out disinfestation procedures or application of chemical materials in accordance with part 305 of this chap ter, and meet applicable State training and certification standards as author ized by the Federal Insecticide, Fun gicide, and Rodenticide Act (86 Stat. 983; 7 U.S.C. 136b). Any person who en ters into a compliance agreement with APHIS must agree to comply with the provisions of this subpart and any con ditions imposed under this subpart. [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994; 75 FR 4240, Jan. 26, 2010] § 301.81–7 Cancellation of a certificate, limited permit, or compliance agreement. Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agree ment, has not complied with this sub part or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as cir cumstances allow within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiv ing the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Adminis trator will grant or deny the appeal, in writing, stating the reasons for the de cision. (Approved by the Office of Management and Budget under control number 0579–0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81–8 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the serv ices from an inspector 7 at least 48 hours before the services are needed. (b) The regulated articles must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81–9 Attachment and disposition of certificates and limited permits. (a) The consignor must ensure that the certificate or limited permit au thorizing interstate movement of a regulated article is, at all times during interstate movement, attached to: (1) The outside of the container en casing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee’s copy of the ac companying waybill: Provided, that the descriptions of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to iden tify the regulated article; and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 116 7 CFR Ch. III (1–1–17 Edition) § 301.81–10 (b) The carrier must furnish the cer tificate or limited permit authorizing interstate movement of a regulated ar ticle to the consignee at the shipment’s destination. (Approved by the Office of Management and Budget under control number 0579–0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81–10 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The United States Depart ment of Agriculture will not be respon sible for any other costs or charges. § 301.81-11 Imported fire ant detection, control, exclusion, and enforcement program for nurseries producing containerized plants. This detection, control, exclusion, and enforcement program is designed to keep nurseries free of the imported fire ant and provides a basis to certify containerized nursery stock for inter state movement. Participating regu lated establishments must be operating under a compliance agreement in ac cordance with § 301.81-6. Such compli ance agreements shall state the spe cific requirements that a shipper agrees to follow to move plants in ac cordance with the requirements of the program. Certificates and a nursery identification number may be issued to the nursery for use on shipments of regulated articles. (a) Detection. (1) Nursery owners are required to visually survey their entire premises twice monthly for the pres ence of imported fire ants. (2) Nurseries participating in this program will be inspected by Federal or State inspectors at least twice per year. More frequent inspections may be necessary depending upon imported fire ant infestation levels immediately surrounding the nursery, the thorough ness of nursery management in main taining imported-fire-ant-free prem ises, and the number of previous detec tions of imported fire ants in or near containerized plants. Inspections by Federal and State inspectors should be more frequent just before and during the peak shipping season. Any nurs eries determined during nursery in spections to have imported fire ant colonies must be immediately treated to the extent necessary to eliminate the colonies. (b) Control. Nursery plants that are shipped under this program must origi nate in a nursery that meets the re quirements of this section. Nursery owners must implement a treatment program with registered bait and con tact insecticides. The premises, includ ing growing and holding areas, must be maintained free of the imported fire ant. As part of this treatment program, all exposed soil surfaces (including sod and mulched areas) on property where plants are grown, potted, stored, han dled, loaded, unloaded, or sold must be treated in accordance with part 305 of this chapter at least once every 6 months. The first application must be performed early in the spring. Fol lowup treatments with a contact insec ticide in accordance with part 305 of this chapter must be applied to elimi nate all remaining colonies. (c) Exclusion. (1) For plants grown on the premises, treatment of soil or pot ting media in accordance with part 305 of this chapter prior to planting is re quired. (2) For plants received from outside sources, to prevent the spread into a nursery free of the imported fire ant by newly introduced, infested nursery plants, all plants must be: (i) Obtained from nurseries that com ply with the requirements of this sec tion and that operate under a compli ance agreement in accordance with § 301.81-6; or (ii) Treated upon delivery in accord ance with part 305 of this chapter, and within the specified number of days be either: (A) Repotted in treated potting soil media; (B) Retreated in accordance with part 305 of this chapter at the specified interval; or (C) Shipped. (d) Enforcement. (1) The nursery owner must maintain records of the nursery’s surveys and treatments for the imported fire ant. These records must be made available to State and Federal inspectors upon request. (2) If imported fire ants are detected in nursery stock during an inspection VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 117 Animal and Plant Health Inspection Service, USDA § 301.85 by a Federal or State inspector, issuance of certificates for movement will be suspended until necessary treat ments are applied and the plants and nursery premises are determined to be free of the imported fire ant. A Federal or State inspector may declare a nurs ery to be free of the imported fire ant upon reinspection of the premises. This inspection must be conducted no soon er than 30 days after treatment. During this period, certification may be based upon treatments for plants in accord ance with part 305 of this chapter. (3) Upon notification by the depart ment of agriculture in any State of destination that a confirmed imported fire ant infestation was found on a shipment from a nursery considered free of the imported fire ant, the de partment of agriculture in the State of origin must cease its certification of shipments from that nursery. An inves tigation by Federal or State inspectors will commence immediately to deter mine the probable source of the prob lem and to ensure that the problem is resolved. If the problem is an infesta tion, issuance of certification for movement on the basis of imported fire-ant-free premises will be suspended until treatment and elimination of the infestation is completed. Reinstate ment into the program will be granted upon determination that the nursery premises are free of the imported fire ant, and that all other provisions of this subpart are being followed. (4) In cases where the issuance of cer tificates is suspended through oral no tification, the suspension and the rea sons for the suspension will be con firmed in writing within 20 days of the oral notification of the suspension. Any person whose issuance of certifi cates has been suspended may appeal the decision, in writing, within 10 days after receiving the written suspension notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in decid ing the appeal. A hearing may be held to resolve any conflict as to any mate rial fact. Rules of practice for the hear ing will be adopted by the Adminis trator. As soon as practicable, the Ad ministrator will grant or deny the ap peal, in writing, stating the reasons for the decision. [75 FR 4240, Jan. 26, 2010] Subpart—Unshu Oranges [Reserved] Subpart—Golden Nematode SOURCE: 37 FR 24330, Nov. 16, 1972, unless otherwise noted. QUARANTINE AND REGULATIONS § 301.85 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Under the au thority 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 cer tain other plants and is not widely prevalent or distributed within and throughout the United States. Through the aforementioned authorities, the Secretary imposes a quarantine on the State of New York with respect to the interstate movement from that State of the articles described in paragraph (b) of this section, issues regulations in this subpart governing the movement of such articles, and gives notice of this quarantine action. (b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quar antined State any of the following arti cles (defined in § 301.85–1 as regulated articles), except in accordance with the conditions prescribed in this subpart: (1) Soil, compost, humus, muck, peat, and decomposed manure, separately or with other things. (2) Plants with roots, except soil-free aquatic plants. (3) Grass sod. (4) Plant crowns and roots for propa gation. (5) True bulbs, corms, rhizomes, and tubers of ornamental plants. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 118 7 CFR Ch. III (1–1–17 Edition) § 301.85–1 (6) Irish potatoes included within any one or more of the following paragraph (b)(6)(i), (ii), or (iii) of this section: (i) Irish potatoes for seed; and (ii) Irish potatoes unless— (A) Each is at least 11⁄2 inches in di ameter based on measurement by a sizing screen or sizing chain, each is substantially free of soil as a result of grading (a method of removing soil me chanically) under a compliance agree ment in accordance with § 301.85–5(b), and they are moved in an approved container; or (B) Each is substantially free of soil as a result of washing or fluming under a compliance agreement in accordance with § 301.85–5(b), and they are moved in an approved container; or (iii) Irish potatoes harvested from a field tested and found by an inspector to contain an identifiable population of viable golden nematodes, unless such field had been subsequently treated in accordance with paragraph (b)(6)(iii) (A), (B), or (C) of this section under the supervision of an inspector and in ac cordance with any additional condi tions found necessary by the inspector to assure effective application of the pesticide used; and unless headlands and farm roads are treated in accord ance with paragraph (b)(6)(iii)(D) of this section: (A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 80 percent; plus methyl isothiocyanate, 20 percent active ingre dients) per hectare (15 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil sam ples that viable golden nematodes may still exist; soil to be from 3 °C to 29 °C (38 °F to 84 °F). (B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 100 percent active ingredi ents) per hectare (30 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon micro scopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 29 °C (40 °F to 84 °F). (C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 92 per cent active ingredient) per hectare (18 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F). (D) Application of Vapam (sodium-N methyl dithiocarbamate, 32.7 percent active ingredient) mixed with water at the rate of 1 part Vapam to 60 parts water and applied as a drench at the rate of 14.96 cubic meters per hectare (1600 gallons per acre); soil to be from 4.5 °C to 32 °C (40 °F to 90 °F). (7) Root crops other than Irish pota toes. (8) Small grains and soybeans. (9) Hay, straw, fodder, and plant lit ter, of any kind. (10) Ear corn, except shucked ear corn. (11) Used crates, boxes, and burlap bags, and other used farm products containers. (12) Used farm tools. (13) Used mechanized cultivating equipment and used harvesting equip ment. (14) Used mechanized soil-moving equipment. (15) Any other products, articles, or means of conveyance of any character whatsoever, not covered by paragraphs (b) (1) through (14) of this section, when it is determined by an inspector that they present a hazard of spread of gold en nematode, and the person in posses sion thereof has been so notified. [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, Apr. 20, 2004] § 301.85–1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 119 Animal and Plant Health Inspection Service, USDA § 301.85–1 when used in this subpart shall be con strued respectively to mean: Certificate. A document issued or au thorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the re quirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the oper ations of such person. Deputy Administrator. The Deputy Ad ministrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said serv ice to whom authority to act in his stead has been or may hereafter be del egated. Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws. Generally infested area. Any part of a regulated area not designated as a sup pressive area in accordance with § 301.85–2. Golden nematode. The nematode known as the golden nematode (Globodera rostochiensis), in any stage of development. Infestation. The presence of the gold en nematode or the existence of cir cumstances that make it reasonable to believe that the golden nematode is present. Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agri culture, or other person, authorized by the Deputy Administrator to enforce the provisions of the Quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited han dling, utilization or processing or for treatment. Mechanized cultivating equipment; and mechanized harvesting equipment. Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., combines, potato conveyors, and harvesters and hay balers. Mechanized soil-moving equipment. Equipment used for moving or trans porting soil, e.g., draglines, bulldozers, dump trucks, road scrapers, etc. Moved (movement, move). Shipped, de posited for transmission in the mail, otherwise offered for shipment, re ceived for transportation, carried, or otherwise transported, or moved, or al lowed to be moved, by mail or other wise. ‘‘Movement’’ and ‘‘move’’ shall be construed in accordance with this defi nition. Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. Plant Protection and Quarantine Pro grams. The organizational unit within the Animal and Plant Health Inspec tion Service, U.S. Department of Agri culture, delegated responsibility for enforcing provisions of the Plant Pro tection Act and related legislation, quarantines, and regulations. Regulated area. Any quarantined State, or any portion thereof, listed as a regulated area in § 301–85–2a, or other wise designated as a regulated area in accordance with § 301.85–2(b). Regulated article. Any articles as de scribed in § 301.85(b). Restricted destination permit. A docu ment issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a speci fied destination for other than sci entific purposes. Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes. Soil. That part of the upper layer of earth in which plants can grow. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 120 7 CFR Ch. III (1–1–17 Edition) § 301.85–2 State. Any State, territory, or dis trict of the United States, including Puerto Rico. Suppressive area. That portion of a regulated area where eradication of in festation is undertaken as an objective, as designated under § 301.85–2(a). [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 7, 2005] § 301.85–2 Authorization to designate, and terminate designation of, regu lated areas and suppressive or gen erally infested areas; and to exempt articles from certification, permit, or other requirements. (a) Regulated areas and suppressive or generally infested areas. The Deputy Ad ministrator shall list as regulated areas, in a supplemental regulation designated as § 301.85–2a, each quar antined State; or each portion thereof in which golden nematode has been found or in which there is reason to be lieve that golden nematode is present, or which it is deemed necessary to reg ulate because of their proximity to in festation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Admin istrator, in the supplemental regula tion, may divide any regulated area into a suppressive area or a generally infested area in accordance with the definitions thereof in § 301.85–1. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that: (1) The State has adopted and is en forcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of the golden nema tode. (b) Temporary designation of regulated areas and suppressive or generally in fested areas. The Deputy Administrator or an authorized inspector may tempo rarily 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 sec tion for listing such area, by serving written notice thereof on the owner or person in possession of such premises, and thereafter the interstate move ment of regulated articles from such premises by any person having notice of the designation shall be subject to the applicable provisions of this sub part. As soon as practicable, such premises shall be added to the list in § 301.85–2a if a basis then exists for their designation; otherwise the des ignation shall be terminated by the Deputy Administrator or an authorized inspector and notice thereof shall be given to the owner or person in posses sion of the premises. (c) Termination of designation as a reg ulated area and a suppressive or generally infested area. The Deputy Adminis trator shall terminate the designation provided for under paragraph (a) of this section of any area listed as a regu lated area and suppressive or generally infested area when he determines that such designation is no longer required under the criteria specified in para graph (a) of this section. (d) Exemption of articles from certifi cation, permit, or other requirements. The Deputy Administrator may, in a sup plemental regulation designated as § 301.85–2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he or she may prescribe, if he or she finds that facts exist as to the pest risk in volved in the movement of such regu lated articles which make it safe to so relieve such requirements. [37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005] § 301.85–2a Regulated areas; suppres sive and generally infested areas. The civil divisions and parts of civil divisions described below are des ignated as golden nematode regulated areas within the meaning of the provi sions of this subpart; and such regu lated areas are hereby divided into gen erally infested areas or suppressive areas as indicated below: VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 121 Animal and Plant Health Inspection Service, USDA § 301.85–2a NEW YORK (1) Generally infested area: Cayuga County. (A) The Town of Monte zuma; (B) That portion of land within the Town of Mentz owned or operated by Martens Farm which lies in an area bounded as fol lows: Beginning at the intersection of Tow Path Road and Maiden Lane; then west along Tow Path Road to its intersection with the Town of Mentz boundary; then north along the Town of Mentz boundary to its intersec tion with Maiden Lane; then east along Maiden Lane to the point of beginning. Livingston County. (A) That portion of land in the area of South Lima North Muck in the town of Lima bounded as follows: Beginning at a point along the north side of South Lima Rd. marked by latitude/longitude co ordinates 42.8553, ¥77.6738; then north along a farm road to coordinates 42.8588, ¥77.6712; then east along a farm road to coordinates 42.8596, ¥77.6678; then north along a farm road to coordinates 42.8624, ¥77.6683; then east along a farm road to coordinates 42.8624, ¥77.6648; then north along a farm road to co ordinates number 42.8735, ¥77.6651; then west along a farm road to coordinates number 42.8735, ¥77.6684; then south along Little Conesus Creek to coordinates 42.8712, ¥77.6693; then west to include a portion of an access road and gravel clean off site to co ordinates 42.8712, ¥77.6705; then south to co ordinates 42.8711, ¥77.6704; then east to co ordinates 42.8711, ¥77.6699; then north to co ordinates 42.8712, ¥77.6698; then east to co ordinates 42.8711, ¥77.6693; then south along Little Conesus Creek to coordinates 42.8688, ¥77.6702; then west along a farm road to co ordinates 42.8688, ¥77.6713; then south along a farm road to coordinates 42.8659, ¥77.6733; then south along a farm road to coordinates 42.8642, ¥77.6740; then west along a farm road to coordinates 42.8643, ¥77.6761; then south along a farm road to coordinates 42.8567, ¥77.6802; then east to coordinates 42.8564, ¥77.6741; then south along Little Conesus Creek to coordinates 42.8553, ¥77.6745; then east to point of beginning at coordinates 42.8553, ¥77.6738; (B) That portion of land in the area of South Lima South Muck in the town of Lima bounded as follows: Beginning at a point along the south side of South Lima Rd. marked by latitude/longitude coordinates 42.8552, ¥77.6774; then south to coordinates 42.8548, ¥77.6774; then east to coordinates 42.8548, ¥77.6767; then south to coordinates 42.8509, ¥77.6770; then south to coordinates 42.8447, ¥77.6772; then east to coordinates 42.8446, ¥77.6739; then north along a farm road to coordinates 42.8477, ¥77.6728; then east along a farm road to coordinates 42.8488, ¥77.6700; then north along a farm road to co ordinates 42.8512, ¥77.6701; then west along a farm road to coordinates 42.8512, ¥77.6720; then north along a farm road to coordinates 42.8516, ¥77.6720; then west along a farm road to coordinates 42.8518, ¥77.6740; then north to coordinates 42.8541, ¥77.6740; then west to coordinates 42.8545, ¥77.6766; then north to coordinates 42.8552, ¥77.6765; then west to point of beginning at coordinates 42.8552, ¥77.6774; (C) That portion of land in the area of Wig gle Muck in the town of Livonia bounded as follows: Beginning at a point along the west side of Plank Rd. (State highway 15A) marked by latitude/longitude coordinates 42.8489, ¥77.6136; then west to coordinates 42.8491, ¥77.6203; then south along a farm road to coordinates 42.8468, ¥77.6192; then south along a farm road to coordinates 42.8419, ¥77.6188; then east to coordinates 42.8422, ¥77.6161; then north along a farm road to coordinates 42.8487, ¥77.6168; then east to the west side of Plank Rd. marked by coordinates 42.8487, ¥77.6135; then north to point of beginning at coordinates 42.8489, ¥77.6136; and (D) That portion of land in the town of Avon bounded as follows: Beginning at a point marked by latitude/longitude coordi nates 42.9056, ¥77.6872; then east along a farm road to coordinates 42.9054, ¥77.6850; then east along a farm road to coordinates 42.9060, ¥77.6825; then north along a drainage ditch to coordinates 42.9069, ¥77.6823; then north along a drainage ditch to coordinates 42.9079, ¥77.6847; then north to coordinates 42.9103, ¥77.6844; then west along the south side of a farm road to coordinates 42.9103, ¥77.6857; then south along a farm road to point of beginning at coordinates 42.9056, ¥77.6872. Nassau County. (A) That portion of land in the town of Oyster Bay and the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordi nates 40.8312 ¥73.5917; then proceeding north northwest 152′ along Hegemans Lane to co ordinates 40.8317, ¥73.5917; continuing north northwest 581′ along Hegemans Lane to co ordinates 40.8332, ¥73.5920; then heading north 473′ along Hegemans Lane to coordi nates 40.8345, ¥73.5921; continuing north 461′ along Hegemans Lane to coordinates 40.8358, ¥73.5921; continuing north 182′ along Hegemans Lane to coordinates 40.8363, ¥73.5921; continuing north 1227′ along Hegemans Lane to coordinates 40.8397, ¥73.5920; continuing north 718′ along Hegemans Lane to coordinates 40.8416, ¥73.5919; then heading west 188′ to Chicken Valley Road at coordinates 40.8416, ¥73.5926: then heading southwest 70′ along Chicken Valley Road to coordinates 40.8415, ¥73.5928; continuing southwest 297′ along Chicken Val ley Road to coordinates 40.8409, ¥73.5936; continuing southwest 106′ along Chicken Val ley Road to coordinates 40.8407, ¥73.5938; continuing southwest 155′ along Chicken Val ley Road to coordinates 40.8404, ¥73.5914; VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 122 7 CFR Ch. III (1–1–17 Edition) § 301.85–2a continuing southwest 142′ along Chicken Val ley Road to coordinates 40.8400, ¥73.5944; continuing southwest 125′ along Chicken Val ley Road to coordinates 40.8397, ¥73.5946; continuing southwest 36′ along Chicken Val ley Road to coordinates 40.8397, ¥73.5947: continuing southwest 38′ along Chicken Val ley Road to coordinates 40.8396, ¥73.5948; continuing southwest 201′ along Chicken Val ley Road to coordinates 40.8392, ¥73.5953; continuing southwest 98′ along Chicken Val ley Road to coordinates 40.8390, ¥73.5955; continuing southwest 61′ along Chicken Val ley Road to coordinates 40.8389, ¥73.5957; continuing southwest 187′ along Chicken Val ley Road to coordinates 40.8384, ¥73.5960; continuing southwest 62′ along Chicken Val ley Road to coordinates 40.8383, ¥73.5962; continuing southwest 142′ along Chicken Val ley Road to coordinates 40.8380, ¥73.5965; continuing southwest 252′ along Chicken Val ley Road to coordinates 40.8375, ¥73.5971; then heading southeast 254′ along a wood line to coordinates 40.8370, ¥73.5965; then heading south-southeast 269′ along a wood line to co ordinates 40.8363, ¥73.5963; continuing south southeast 182′ along a wood line to coordi nates 40.8358, ¥73.5962; then heading south 303′ along a wood line to coordinates 40.8350, ¥73.5961; then heading south-southeast 175′ along a wood line to coordinates 40.8346, ¥73.5958; then heading south 329′ along a farm road to coordinates 40.8337, ¥73.5957; then heading southwest 76′ along a farm road to coordinates 40.8335, ¥73.5958; then heading west-southwest 104′ along a farm road to co ordinates 40.8334, ¥73.5962; then heading south-southwest 278′ along a farm road to co ordinates 40.8327, ¥73.5965; then heading southeast 1441′ along the south boundary of the Young’s Farm to the starting point at coordinates 40.8312, ¥73.5917; (B) That portion of land in the town of Oyster Bay and in the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordi nates 40.8343, ¥73.5921; then heading south 399′ along Hegemans Lane to coordinates 40.8332, ¥73.5920; then heading 403′ northeast along a tree line to coordinates 40.8335, ¥73.5906; then heading 263′ north to coordi nates 40.8342, ¥73.5906; then heading north west 6′ along Linden Lane to coordinates 40.8342, ¥73.5906; continuing northwest 98′ along Linden Lane to coordinates 40.8343, ¥73.5909; continuing northwest 52′ along Lin den Lane to coordinates 40.8344, ¥73.5911; then continuing 54′ northwest along Linden Lane to coordinates 40.8344, ¥73.5913; then heading southwest 43′ along Linden Lane to coordinates 40.8344, ¥73.5915; then continuing southwest 170′ to the starting point at co ordinates 40.8343, ¥73.5921; (C) That portion of land in the town of Oys ter Bay and the village of Old Brookville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8365, ¥73.5874; then heading south 452′ to coordinates 40.8352, ¥73.5873; then proceeding northeast 583′ to coordinates 40.8356, ¥73.5853; then heading north-northwest 400′ to coordinates 40.8367, ¥73.5855; then heading 529′ southwest to the starting point at co ordinates 40.8365, ¥73.5874; (D) That portion of land in the town of Oyster Bay in the villages of Upper Brookville and Matinecock bounded as fol lows: Beginning at a point marked by lati tude-longitude coordinates 40.8631, ¥73.5671; proceeding south 240′ along Chicken Valley Road to coordinates 40.8625, ¥73.5670; con tinuing south 293′ along Chicken Valley Road to coordinates 40.8617, ¥73.5670; continuing south 131′ along Chicken Valley Road to co ordinates 40.8613, ¥73.5670; proceeding south southwest 116′ along Chicken Valley Road to coordinates 40.8610, ¥73.5671; continuing south-southwest 113′ along Chicken Valley Road to coordinates 40.8670, ¥73.5672; pro ceeding southwest 116′ along Chicken Valley Road to coordinates 40.8604, ¥3.5674; con tinuing southwest 337′ along Chicken Valley Road to coordinates 40.8596, ¥73.5679; con tinuing southwest 82′ along Chicken Valley Road to coordinates 40.8594, ¥73.5680; then heading east-northeast 819′ through a wooded area to coordinates 40.8596, ¥73.5651; then heading southeast 1462′ through a wooded area to coordinates 40.8558, ¥73.5634; con tinuing southeast 1065′ through a wooded area to coordinates 40.8531, ¥73.5618; then heading northeast 1167′ along the border with a golf course to coordinates 40.8547, ¥73.5581; continuing northeast 317′ along the border with the golf course to coordinates 40.8552, ¥73.5573; then heading east-northeast 1278′ along the border with a golf course to coordi nates 40.8557, ¥73.5527; then heading south 275′ along the border with a golf course to co ordinates 40.8549, ¥73.5526; then heading northeast 873′ along the golf course boundary to coordinates 40.8564, ¥73.5501; then heading northwest 1463′ through a wooded area to co ordinates 40.8602, ¥73.5519; then heading 615′ southwest along the border of a residential area to coordinates 40.8599, ¥73.5541; then heading 280′ northwest through a wooded area to coordinates 40.8604, ¥73.5548; then heading north-northwest 188′ along a residen tial driveway to coordinates 40.8609, ¥73.5549; then heading west 337′ along a residential driveway to coordinates 40.8609, ¥73.5561; then heading northwest 309′ along a residen tial driveway to coordinates 40.8617, ¥73.5565; then heading north-northwest 103′ along a residential driveway to coordinates 40.8620, ¥73.5566; continuing north-northwest 38′ along a residential driveway to coordinates 40.8621, ¥73.5566; then heading north 108′ along a residential driveway to coordinates 40.8624, ¥73.5566; then heading northwest 135′ along a residential driveway to coordinates 40.8627, ¥73.5567; continuing northwest 95′ along a residential driveway to coordinates VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00132 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 123 Animal and Plant Health Inspection Service, USDA § 301.85–2a 40.8630, ¥73.5568; then heading east 106′ to a residential driveway at coordinates 40.8630, ¥73.5565; then heading northeast 172′ along a residential driveway to coordinates 40.8631, ¥73.5558; continuing northeast 160′ along a residential driveway to coordinates 40.8633, ¥73.5553; continuing northeast 20′ along a residential driveway to coordinates 40.8633, ¥73.5552; continuing northeast 141′ along a residential driveway to coordinates 40.8636, ¥73.5549; continuing northeast 106′ along a residential driveway to coordinates 40.8639, ¥73.5547; then heading north-northeast 20′ along a residential driveway to coordinates 40.8639, ¥73.5547; continuing north-northeast 107′ along a residential driveway to coordi nates 40.8642, ¥73.5546; continuing north northeast 111′ along a residential driveway to coordinates 40.8645, ¥73.5545; continuing north-northeast 207′ along a residential driveway to coordinates 40.8650, ¥73.5545; then heading north 53′ along a residential driveway to coordinates 40.8652, ¥73.5545; then heading northeast 153′ along a paved driveway to coordinates 40.8655, ¥73.5540; continuing northeast 173′ along a paved driveway to coordinates 40.8657, ¥73.5535; continuing northeast 71′ along a paved drive way to coordinates 40.8658, ¥73.5533; then heading north-northeast 47′ along a paved driveway to coordinates 40.8659, ¥73.5532; continuing north-northeast 70′ along a paved driveway to coordinates 40.8661, ¥73.5531; continuing north-northeast 79′ along a paved driveway to coordinates 40.8663, ¥73.5530; then heading north-northeast 109′ along a paved driveway to coordinates 40.8666, ¥73.5530; then heading north 129′ along a paved driveway to coordinates 40.8669, ¥73.5529; continuing north 122′ along a paved driveway to coordinates 40.8673, ¥73.5529; then heading north-northeast 182′ along a paved driveway to coordinates 40.8678, ¥73.5527; then heading north 23′ along a paved driveway to coordinates 40.8678, ¥73.5527; then heading north-northwest 36′ along a paved driveway to Planting Fields Road at coordinates 40.8679, ¥73.5528; then heading southwest 6′ along Planting Fields Road to coordinates 40.8679, ¥73.5528; con tinuing southwest 48′ along Planting Fields Road to coordinates 40.8679, ¥73.5530; then heading west 339′ along Planting Fields Road to coordinates 40.8679, ¥73.5542; then heading west-southwest 93′ along Planting Fields Road to coordinates 40.8679, ¥73.5545; then heading southwest 69′ along Planting Fields Road to coordinates 40.8678, ¥73.5548; con tinuing southwest 79′ along Planting Fields Road to coordinates 40.8677, ¥73.5550; con tinuing southwest 133′ along Planting Fields Road to coordinates 40.8675, ¥73.5554; con tinuing southwest 60′ along Planting Fields Road to coordinates 40.8674, ¥73.5556; con tinuing southwest 71′ along Planting Fields Road to coordinates 40.8674, ¥73.5558; head ing west-southwest 225′ along Planting Fields Road to coordinates 40.8672, ¥73.5566; con tinuing west-southwest 89′ along Planting Fields Road to coordinates 40.8672, ¥73.5570; continuing west-southwest 132′ along Plant ing Fields Road to coordinates 40.8671, ¥73.5574, then heading southwest 91′ along Planting Fields Road to coordinates 40.8670, ¥73.5577; continuing southwest 59′ along Planting Fields Road to coordinates 40.8669, ¥73.5579; continuing southwest 240′ along Planting Fields Road to coordinates 40.8665, ¥73.5586; continuing southwest 219′ along Planting Fields Road to coordinates 40.8661, ¥73.5592; continuing southwest 89′ along Planting Fields Road to coordinates 40.8660, ¥73.5594; continuing southwest 132′ along Planting Fields Road to coordinates 40.8658, ¥73.5598; continuing southwest 93′ along Planting Fields Road to coordinates 40.8657, ¥73.5602; continuing southwest 97′ along Planting Fields Road to coordinates 40.8655, ¥73.5605; continuing southwest 90′ along Planting Fields Road to coordinates 40.8654, ¥73.5608; continuing southwest 131′ along Planting Fields Road to coordinates 40.8653, ¥73.5612; continuing southwest 80′ along Planting Fields Road to coordinates 40.8652, ¥73.5614; continuing southwest 257′ along Planting Fields Road to coordinates 40.8649, ¥73.5623; continuing southwest 133′ along Planting Fields Road to coordinates 40.8647, ¥73.5627; continuing southwest 59′ along Planting Fields Road to coordinates 40.8646, ¥73.5629; continuing southwest 85′ along Planting Fields Road to coordinates 40.8645, ¥73.5632; then heading west-southwest 177′ along Planting Fields Road to coordinates 40.8644, ¥73.5638; continuing west-southwest 213′ along Planting Fields Road to coordi nates 40.8643, ¥73.5646; then heading south west 89′ along Planting Fields Road to co ordinates 40.8642, ¥73.5649; continuing south west 58′ along Planting Fields Road to co ordinates 40.8642, ¥73.5651; continuing south west 133′ along Planting Fields Road to co ordinates 40.8639, ¥73.5654; continuing south west 325′ along Planting Fields Road to co ordinates 40.8635, ¥73.5664; continuing south west 116′ along Planting Fields Road to co ordinates 40.8633, ¥73.5668; continuing south west 100′ along Planting Fields Road to the intersection with Chicken Valley Road at starting point coordinates 40.8631, ¥73.5671; and (E) That portion of land in the town of Oyster Bay and in the hamlet of Old Bethpage bounded as follows: Beginning at a point marked by latitude-longitude coordi nates 40.7703, ¥73.4460; then proceeding southwest 1997′ through a wood line to Wind ing Road at coordinates 40.7655, ¥73.4493; then heading southeast 102′ along Winding Road to coordinates 40.7653, ¥73.4490; con tinuing southeast 57′ along Winding Road to coordinates 40.7652, ¥73.4488; then heading south-southeast 52′ along Winding Road to coordinates 40.7650, ¥73.4488; continuing VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00133 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 124 7 CFR Ch. III (1–1–17 Edition) § 301.85–2a south-southeast 99′ along Winding Road to coordinates 40.7648, ¥73.4487; then heading south 654′ along Winding Road to coordinates 40.7630, ¥73.4485; then heading southeast 24′ along a ramp to coordinates 40.7629, ¥73.4485; then heading northeast 2134′ through a wood line to coordinates 40.7644, ¥73.4411; then heading north-northwest 1197′ along the Nas sau County-Suffolk County Border to coordi nates 40.7677, ¥73.4417; then heading south west 250′ through a wood line to coordinates 40.7676, ¥73.4426; then heading 132′ north northwest along Restoration Road to coordi nates 40.7679, ¥73.4426; then heading north east 311′ along Restoration Road to coordi nates 40.7687, ¥73.4422; then heading north west 96′ along Restoration Road to coordi nates 40.7689, ¥73.44245; continuing north west 262′ along Restoration Road to coordi nates 40.7695, ¥73.4430; continuing northwest 173′ along Restoration Road to coordinates 40.7699,¥73.4433; continuing northwest 33′ along Restoration Road to coordinates 40.7699, ¥73.4434; then heading southwest 275′ along Restoration Road to coordinates 40.76942, ¥73.4440; continuing southwest 194′ along Restoration Road to coordinates 40.76900, ¥73.4445; then heading north-north west 334′ along a gravel path to coordinates 40.7698, ¥73.4448; then heading northwest 364′ along a gravel path to the starting point at coordinates 40.7703, ¥73.4460. Orleans County. (A) That portion of land in the town of Barre bounded as follows: Begin ning at a point on the north side of Spoil Bank Road marked by latitude-longitude co ordinates 43.1327, ¥78.1234; then east along a farm road running parallel to Spoil Bank Road to coordinates 43.1327, ¥78.1191; then north along a willow hedge row to coordi nates 43.1354, ¥78.1191; then west along a drainage ditch to coordinates 43.1353, ¥78.1227; then northwest along a drainage ditch to coordinates 43.1354, ¥78.1230; then northwest to coordinates 43.1355, ¥78.1232; then west to coordinates 43.1355, ¥78.1233; then southwest to coordinates 43.1354, ¥78.1234; then south along a drainage ditch to the point of beginning at coordinates 43.1327, ¥78.1234; (B) That portion of land in the town of Barre bounded as follows: Beginning at a point marked by latitude-longitude coordi nates 43.1548, ¥078.1199; then east along a farm road to coordinates 43.1548, ¥078.1166; then south to coordinates 43.1524, ¥078.1167; then west to coordinates 43.1524, ¥078.1199; then north along a willow hedgerow to the point beginning at coordinates 43.1548, ¥078.1199; and (C) That portion of land in the town of Barre bounded as follows: Beginning at a point marked by latitude-longitude coordi nates 43.1551, ¥78.1240; then west to coordi nates 43.1551, ¥78.1244; then southwest to co ordinates 43.1550, ¥78.1245; then southwest to coordinates 43.1550, ¥78.1245; then south to coordinates 43.1549, ¥78.1245; then west along a drainage ditch to coordinates 43.1548, ¥78.1264, then north to coordinates 43.1596, ¥78.1266; then east along a farm road to co ordinates 43.1597, ¥78.1243; then south along a willow hedge to the point of beginning at coordinates 43.1551, ¥78.1240. Seneca County. The town of Tyre. Steuben County. (A) The towns of Prattsburgh and Wheeler. (B) The area known as ‘‘Arkport Muck North’’ located in the town of Dansville bounded as follows: Beginning at a point along the west bank of the Marsh Ditch that intersects a farm road marked by latitude/ longitude coordinates 42.4230, ¥77.7121; then north along the Marsh Ditch to coordinates 42.4314, ¥77.7158; then west along a farm road to coordinates 42.4307, ¥77.7204; then south along the edge of a forest to coordinates 42.4284, ¥77.7194; then west along a farm road to coordinates 42.4282, ¥77.7201; then south along a farm road to coordinates 42.4255, ¥77.7189; then east along a tree line to co ordinates 42.4254, ¥77.7180; then south along a tree line to coordinates 42.4230, ¥77.7157; then east to point of beginning at coordi nates 42.4230, ¥77.7121; (C) The area known as ‘‘Arkport Muck South’’ located in the town of Dansville bounded as follows: Beginning at a point along the west side of New York Route 36 marked by latitude/longitude coordinates 42.4034, ¥77.6986; then north along the west side of New York Route 36 to coordinates 42.4145, ¥77.6999; then west along a farm road to coordinates 42.4145, ¥77.7029; then north along a farm road to coordinates 42.4160, ¥77.7036; then west along a farm road to co ordinates 42.4162, ¥77.7083; then north along the west bank of the Marsh Ditch to coordi nates 42.4186, ¥77.7097; then west along a farm road to coordinates 42.4181, ¥77.7121; then north along a farm road to coordinates 42.4214, ¥77.7140; then west along a farm road to coordinates 42.4211, ¥77.7198; then south along the east side of the Conrail right-of way (Erie Lackawanna Railroad) to coordi nates 42.4050, ¥77.7107; then east along a farm road to coordinates 42.4049, ¥77.7038; then south along a farm road to coordinates 42.4034, ¥77.7030; then east to point of begin ning at coordinates 42.4034, ¥77.6986; (D) That portion of land in the town of Cohocton (formerly known as the ‘‘Werthwhile Farm’’) on the north side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of the junction of County Road 5 with County Road 58 (known as Wager Road); and (E) That portion of land in the town of Fre mont that is bounded as follows: Beginning at a point on Babcock Road that intersects a farm road marked by latitude/longitude co ordinates 42.4368, ¥77.5751; then west along the farm road to coordinates 42.4367, ¥77.5780; then south to coordinates 42.4360, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00134 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 125 Animal and Plant Health Inspection Service, USDA § 301.85–2a ¥77.5780; then west to coordinates 42.4359, ¥77.5807; then south to coordinates 42.4335, ¥77.5806; then east to coordinates 42.4333, ¥77.5778; then south to coordinates 42.4318, ¥77.5777; then east to coordinates 42.4323, ¥77.5771; then north to coordinates 42.4330, ¥77.5763; then east to coordinates 42.4330, ¥77.5761; then north to coordinates 42.4349, ¥77.5756; then east to coordinates 42.4349, ¥77.5749; then north to the point of begin ning at coordinates 42.4368, ¥77.5751. Suffolk County. (A) Towns of Riverhead, East Hampton, Southampton, Southold, and Shelter Island in their entirety in Suffolk County; (B) That portion of land in the town of Huntington and the hamlet of Melville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7767, ¥72.4202; then proceeding southwest 788′ along Broad Hollow Rd. to coordinates 40.7746, ¥72.4210; then heading east 2354′ along Huntington Quadrangle Rd. to coordi nates 40.7748, ¥72.4125; then heading south 2095′ parallel to Maxess Rd. to coordinates 40.7691, ¥72.4121; then heading southeast 250′ along Bayliss Rd. to coordinates 40.7689, ¥72.4113; then heading 2734′ north to coordi nates 40.7764, ¥72.4114; then heading east 1820′ to coordinates 40.7767, ¥72.4049; then heading north 233′ along Pinelawn Rd. to co ordinates 40.7773, ¥72.4048; then heading west 4267′ to the starting point at coordinates 40.7767, ¥72.4202; (C) That portion of land in the town of Huntington and the hamlet of Melville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7954, ¥72.4080; then proceeding south 1645′ along the west boundary of White Post Farms to coordinates 40.7909, ¥72.4073; then proceeding east 1110′ along the south bound ary of White Post Farms and a housing de velopment to coordinates 40.7910, ¥72.4033; then heading north 2033′ parallel to Bedell Place to coordinates 40.7965, ¥72.4041; then heading southwest 1170′ along Old Country Road to the starting point at coordinates 40.7954, ¥72.4080; (D) That portion of land in the town of Huntington and the hamlet of Dix Hills bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.7904, ¥72.3410; then proceeding southeast 306′ along Deer Park Road to coordinates 40.7896, ¥72.3407; continuing southeast 272′ along Deer Park Road to coordinates 40.7888, ¥72.3404; continuing southeast 530′ along Deer Park Road to coordinates 40.7874, ¥72.3399; then proceeding northeast 1002′ along the south boundary of the DeLalio Sod Company to coordinates 40.7883, ¥72.3364; then proceeding northwest 541′ along the east boundary of the DeLalio Sod Company and the Garden Depot to coordinates 40.7897, ¥72.3371; continuing northwest 554′ along the east boundary of field 15–C–21 to coordinates 40.7911, ¥72.3377; then proceeding southwest 952′ along the north boundary of field 15–C–21 to the starting point at coordinates 40.7904, ¥72.3410; and (E) That portion of land in the town of Brookhaven and the hamlet of Manorville bounded as follows: Beginning at a point marked by latitude-longitude coordinates 40.8542, ¥72.8240; then proceeding northeast 442′ along South Street to coordinates 40.8545, ¥72.8225; continuing northeast 1086′ along South Street to coordinates 40.8550, ¥72.8186; then proceeding east 413′ to coordi nates 40.8551, ¥72.8171 at the intersection of South Street and Wading River Rd.; then proceeding northwest 714′ along Wading River Road to coordinates 40.8568, ¥72.8183; then continuing northwest 695′ along Wading River Road to coordinates 40.8586, ¥72.8194; continuing northwest 497′ along Wading River Road to coordinates 40.8598, ¥72.8202; continuing northwest 221′ along Wading River Road to coordinates 40.8603, ¥72.8205; continuing northwest 203′ along Wading River Road to coordinates 40.8608, ¥72.8209; continuing 194′ along Wading River Road to coordinates 40.8613, ¥72.8212; continuing 212′ along Wading River Road to coordinates 40.8618, ¥72.8215; proceeding northwest 30′ to coordinates 40.8618, ¥72.8216; then heading 45′ west to coordinates 40.8618, ¥72.8218; then heading 183′ southwest along the south ramp of the Long Island Expressway to coordi nates 40.8617, ¥72.8224; then heading west 179′ parallel with the south ramp of the Long Is land Expressway to coordinates 40.8617, ¥72.8231; then continuing west 182′ to coordi nates 40.8617, ¥72.8237; continuing west 299′ parallel with the south ramp of the Long Is land Expressway to coordinates 40.8618, ¥72.8248; then proceeding 201′ southeast to coordinates 40.8617, ¥72.8255; continuing southwest 88′ to coordinates 40.8615, ¥72.8257; then south 83′ along a wood line to coordi nates 40.8613, ¥72.8257; continuing south 116′ along a wood line to coordinates 40.8610, ¥72.8257; continuing southeast 96′ along a wood line to coordinates 40.8607, ¥72.8256; then heading 92′ southwest along the wood line to coordinates 40.8605, ¥72.8257; then heading 47′ south along the wood line to co ordinates 40.8603, ¥72.8257; then heading southeast 194′ along the wood line to coordi nates 40.8599, ¥72.8261; continuing 87′ south west along the wood line to coordinates 40.8597, ¥72.8262; continuing 200′ southwest along the wood line to coordinates 40.8592, ¥72.8265; then heading southeast 112′ along the wood line to coordinates 40.8589, ¥72.8264; then heading east 232′ along the wood line to coordinates 40.8589, ¥72.8256; then heading south 828′ along the wood line to coordinates 40.8566, ¥72.8253; then heading east 246′ along the northern boundary of a horse farm to co ordinates 40.8567, ¥72.8244; then heading south 940′ along the boundary of a horse farm VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00135 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 126 7 CFR Ch. III (1–1–17 Edition) § 301.85–2b 1 The articles hereby exempted remain sub ject to applicable restrictions under other quarantines and other provisions of this sub part. 2 Requirements under all other applicable Federal domestic plant quarantines must also be met. to the starting point at coordinates 40.8542, ¥72.8240. Wayne County. The town of Savannah. (2) Suppressive area: None. [51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69 FR 64640, Nov. 8, 2004; 76 FR 60358, Sept. 29, 2011; 78 FR 1714, Jan. 9, 2013; 78 FR 3827, Jan. 17, 2013; 80 FR 59553, Oct. 2, 2015] § 301.85–2b Exempted articles. 1 (a) The following articles are exempt from the certification and permit re quirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (4) of this section and have not been exposed to infestation after cleaning or other han dling as prescribed in said paragraphs: (1) Small grains, if harvested in bulk or directly into approved containers, and if the small grains and containers thereof have not come into contact with the soil; or, if they have been cleaned to meet State seed sales re quirements. (2) Soybeans (other than for seed), if harvested in bulk or directly into ap proved containers, and if the soybeans and containers thereof have not come into contact with the soil. (3) Unshucked ear corn, if harvested in bulk or directly into approved con tainers, and if the corn and containers thereof have not come into contact with the soil. (4) Used farm tools, if cleaned free of soil. (b) The following articles are exempt from the certification and permit re quirements of this subpart if they meet the applicable conditions prescribed in paragraphs (b) (1) through (3) of this section and have not been exposed to infestation after cleaning or other han dling as prescribed in said paragraphs: Provided, That this exemption shall not apply to any class of regulated articles specified by an inspector in a written notification to the owner or person in possession of the premises that the movement of such articles from such premises under this exemption would involve a hazard of spread of the golden nematode: (1) Root crops (other than Irish pota toes and sugar beets), if moved in ap proved containers. (2) Hay, straw, fodder, and plant lit ter, if moved in approved containers. (c) Containers of the following types are approved for the purposes of this section: (1) New paper bags; and consumer packages of any material except cloth or burlap. (2) Crates, pallet boxes, trucks, and boxcars, if free of soil. [35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982; 67 FR 8465, Feb. 25, 2002] § 301.85–3 Conditions governing the interstate movement of regulated articles from quarantined States. 2 (a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the fol lowing conditions: (1) With certificate or permit issued and attached in accordance with §§ 301.85–4 and 301.85–7 if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous sup pressive areas; or (iv) Between contiguous suppressive areas when it is determined by an in spector that the regulated articles present a hazard of the spread of the golden nematode and the person in pos session thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) From any regulated area, without certificate or permit if moved: (i) Under the provisions of § 301.85–2b which exempts certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00136 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 127 Animal and Plant Health Inspection Service, USDA § 301.85–4 3 Pamphlets containing provisions for lab oratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Depart ment of Agriculture, Washington, DC 20250. 4 For list of approved laboratories, see PP 639 (37 FR 7813, 15525, and amendments there of). (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an in spector that a hazard of spread of the golden nematode exists; or (v) Through or reshipped from any regulated area if the articles origi nated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner sat isfactory to the inspector; or (3) From any area outside the regu lated areas, if moved: (i) With a certificate or permit at tached; or (ii) Without a certificate or permit, if: (a) The regulated articles are exempt from certification and permit require ments under the provisions of § 301.85– 2b; or (b) The point of origin of such move ment is clearly indicated on the arti cles or shipping document which ac companies the articles and if the move ment is not made through any regu lated area. (b) Unless specifically authorized by the Deputy Administrator in emer gency situations, soil samples for proc essing, testing or analysis may be moved interstate from any regulated area only to laboratories approved 3 by the Deputy Administrator and so listed by him in a supplemental regulation. 4 A certificate or permit is not required to be attached to such soil samples ex cept in those situations where the Dep uty Administrator has authorized such movement only with a certificate or permit issued and attached in accord ance with §§ 301.85–4 and 301.85–7. A cer tificate or permit is not required to be attached to soil samples originating in areas outside of the regulated areas if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. [37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002] § 301.85–4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if the inspector deter mines that they are eligible for certifi cation for movement to any destina tion under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy in festation in accordance with part 305 of this chapter; or (3) Have been grown, produced, manu factured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate move ment of regulated articles (except soil samples for processing, testing or anal ysis) not eligible for certification under this subpart, to specified des tinations for limited handling, utiliza tion, or processing, or for treatment in accordance with part 305 of this chap ter, when, upon evaluation of the cir cumstances involved in each specific case he determines that such move ment will not result in the spread of the golden nematode and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for proc essing, testing, or analysis) to any des tination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for cer tification under all such quarantines but would otherwise qualify for certifi cation under this subpart. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 128 7 CFR Ch. III (1–1–17 Edition) § 301.85–5 (d) Scientific permits to allow the interstate movement of regulated arti cles and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Adminis trator to prevent the spread of the golden nematode. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use for subsequent ship ments of regulated articles (except for soil samples for processing, testing, or analysis) provided such person is oper ating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or other wise. Any such person may execute and issue the certificate forms, or repro ductions of such forms, for the inter state movement of regulated articles from the premises of such person iden tified in the compliance agreement if such person has treated such regulated articles to destroy infestation in ac cordance with part 305 of this chapter, and if such regulated articles are eligi ble for certification for movement to any destination under all Federal do mestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determina tions specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for cer tification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Dep uty Administrator if he or she deter mines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. Prior to such withdrawal, the holder of the certificate of permit shall be notified of the proposed action and the reason therefor and afforded rea sonable opportunity to present his or her views thereon. [37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005] § 301.85–5 Compliance agreement and cancellation thereof. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Ad ministrator or an inspector. (b) Any person engaged in the busi ness of removing soil from Irish pota toes by the process of grading, wash ing, or fluming may enter into a com pliance agreement concerning such op erations. The compliance agreement shall be a written agreement between the person conducting such operations and Plant Protection and Quarantine wherein such person agrees to conduct such operations in a manner which, in the judgment of the inspector super vising enforcement of the quarantine and regulations, will substantially re move the soil from the potatoes. (c) Any compliance agreement may be canceled by the inspector who is su pervising its enforcement whenever the inspector finds, after notice and rea sonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982; 70 FR 33268, June 7, 2005] § 301.85–6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or re productions thereof, under § 301.85–4(e)) who desire to move interstate regu lated articles which must be accom panied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 129 Animal and Plant Health Inspection Service, USDA § 301.86–1 1 Any properly identified inspector is au thorized to stop and inspect persons and means of conveyance and to seize, quar antine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles as provided in section 414 of the Plant Protection Act (7 U.S.C. 7714). such manner as the inspector des ignates to facilitate inspection. § 301.85–7 Attachment and disposition of certificates and permits. (a) If a certificate or permit is re quired for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is at tached to the waybill or other shipping document, and the regulated articles are adequately described on the certifi cate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or per mits shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.85–8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and golden nematodes as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Deputy Administrator. [37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001] § 301.85–9 Movement of live golden nematodes. Regulations requiring a permit for and otherwise governing the movement of live golden nematodes in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Ad ministrator. § 301.85–10 Nonliability of the Depart ment. The U.S. Department of Agriculture disclaims liability for any costs inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart—Pale Cyst Nematode SOURCE: 72 FR 51984, Sept. 12, 2007, unless otherwise noted. § 301.86 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated ar ticle except in accordance with this subpart. 1 § 301.86–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agri culture. Associated field. A field that has been found to be at risk for infestation with pale cyst nematode in accordance with § 301.86–3(c)(2). Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of pale cyst nematode and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this sub part. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate move ment of the regulated article identified on the document is for scientific or ex perimental purposes and that the regu lated article is eligible for interstate movement in accordance with § 301.86–4. Field. A defined production site that is managed separately from sur rounding areas for phytosanitary pur poses. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 130 7 CFR Ch. III (1–1–17 Edition) § 301.86–2 2 Permit and other requirements for the interstate movement of pale cyst nematodes are contained in part 330 of this chapter. Infestation (infested). The presence of the pale cyst nematode or the exist ence of circumstances that makes it reasonable to believe that the pale cyst nematode is present. Infested field. A field that has been found to be infested with pale cyst nematode in accordance with § 301.86– 3(c)(1). Inspector. Any employee of APHIS or other person authorized by the Admin istrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.86– 5(b) only to a specified destination and only in accordance with specified con ditions. Moved (move, movement). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Nursery stock. Living plants and plant parts intended to be planted, to remain planted, or to be replanted. Pale cyst nematode. The pale cyst nematode (Globodera pallida), in any stage of development. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine. The Plant Protection and Quarantine pro gram of the Animal and Plant Health Inspection Service, United States De partment of Agriculture. Quarantined area. Any State or por tion of a State designated as a quar antined area in accordance with the provisions in § 301.86–3. Regulated article. Any article listed in § 301.86–2 or otherwise designated as a regulated article in accordance with § 301.86–2(i). State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] § 301.86–2 Regulated articles. The following are regulated articles: (a) Pale cyst nematodes. 2 (b) The following pale cyst nematode host crops: Eggplant (Solanum melongena L.) Pepper (Capsicum spp.) Potato (Solanum tuberosum L.) Tomatillo (Physalis philadelphica) Tomato (Lycopersicon esculentum L.) (c) Root crops. (d) Garden and dry beans (Phaseolus spp.) and peas (Pisum spp.). (e) All nursery stock. (f) Soil, compost, humus, muck, peat, and manure, and products on or in which soil is commonly found, includ ing grass sod and plant litter. (g) Hay, straw, and fodder. (h) Any equipment or conveyance used in an infested or associated field that can carry soil if moved out of the field. (i) Any other product, article, or means of conveyance not listed in para graphs (a) through (h) of this section that an inspector determines presents a risk of spreading the pale cyst nema tode, after the inspector provides writ ten notification to the person in pos session of the product, article, or means of conveyance that it is subject to the restrictions of this subpart. [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] § 301.86–3 Quarantined areas. (a) Designation of quarantined areas. In accordance with the criteria listed in paragraph (c) of this section, the Ad ministrator will designate as a quar antined area each field that has been found to be infested with pale cyst nematode, each field that has been found to be associated with an infested field, and any area that the Adminis trator considers necessary to quar antine because of its inseparability for quarantine enforcement purposes from infested or associated fields. The Ad ministrator will publish the descrip tion of the quarantined area on the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/ VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 131 Animal and Plant Health Inspection Service, USDA § 301.86–4 plantlhealth/plantlpestlinfo/potato/ pcn.shtml. The description of the quar antined area will include the date the description was last updated and a de scription of the changes that have been made to the quarantined area. The de scription of the quarantined area may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories. After a change is made to the quarantined area, we will publish a notice in the FEDERAL REGISTER informing the pub lic that the change has occurred and describing the change to the quar antined area. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area only if the Ad ministrator determines that: (1) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate move ment of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the pale cyst nematode. (c) Criteria for designation of fields as infested fields and associated fields. (1) Infested fields. The Administrator will designate a field as an infested field when a pale cyst nematode is found in the field. (2) Associated fields. The Adminis trator will designate a field as an asso ciated field when pale cyst nematode host crops, as listed in § 301.86–2(b), have been grown in the field in the last 10 years and (i) The field shares a border with an infested field; or (ii) The field came into contact with a regulated article listed in § 301.86–2 from an infested field within the last 10 years; or (iii) Within the last 10 years, the field shared ownership, tenancy, seed, drain age or runoff, farm machinery, or other elements of shared cultural practices with an infested field that could allow spread of the pale cyst nematode, as determined by the Administrator. (d) Removal of fields from quarantine— (1) Infested fields. An infested field will be removed from quarantine when a protocol approved by the Adminis trator as sufficient to support removal of infested fields from quarantine has been completed and the field has been found to be free of pale cyst nematode. (2) Associated fields. An associated field will be removed from quarantine when the field has been found to be free of pale cyst nematode according to a protocol approved by the Adminis trator as sufficient to support removal of associated fields from quarantine. (3) Removal of other areas from quar antine. If the Administrator has quar antined any area other than infested or associated fields because of its insepa rability for quarantine enforcement purposes from infested or associated fields, as provided in paragraph (a) of this section, that area will be removed from quarantine when the relevant in fested or associated fields are removed from quarantine. [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] § 301.86–4 Conditions governing the interstate movement of regulated articles from quarantined areas. (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: (1) With a certificate or limited per mit issued and attached in accordance with §§ 301.86–5 and 301.86–8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agri culture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quar antined area under the following condi tions: (A) The points of origin and destina tion are indicated on a waybill accom panying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping (except for refueling and for traffic conditions such as traffic lights and stop signs); and (C) The regulated article is not un packed or unloaded in the quarantined area; and VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 132 7 CFR Ch. III (1–1–17 Edition) § 301.86–5 3 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 4 Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other re medial measures to destroy or otherwise dis pose of any plant, plant pest, plant product, article, or means of conveyance that is mov ing, or has moved into or through the United States or interstate if the Secretary has rea son to believe the article is a plant pest or is infested with a plant pest at the time of movement. (D) The article has not been com bined or commingled with other arti cles so as to lose its individual iden tity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated arti cle interstate, the inspector is author ized to stop the person or means of con veyance to determine whether a regu lated article is present and to inspect the regulated article. Articles found to be infested by an inspector, and arti cles not in compliance with the regula tions in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. § 301.86–5 Issuance and cancellation of certificates and limited permits. (a) Certificates. An inspector 3 or per son operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if the inspector determines that the regulated article satisfies the gen eral requirements for a certificate in paragraph (a)(1) of this section and any requirements that may apply to the regulated article under paragraphs (a)(2) through (a)(7) of this section. (1) Certification requirements for all regulated articles. The regulated article must be moved in compliance with any additional emergency conditions the Administrator may impose under sec tion 414 of the Plant Protection Act (7 U.S.C. 7714) 4 to prevent the spread of the pale cyst nematode. In addition, the regulated article must be eligible for unrestricted movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (2) Certification requirements for nurs ery stock—(i) Potatoes. Potatoes in tended for use as nursery stock (i.e., seed potatoes) are prohibited from being moved interstate from the quar antined area. (ii) Nursery stock of other host crops. An inspector may issue a certificate for the interstate movement of nursery stock of pale cyst nematode host crops other than potatoes, as listed in § 301.86–2(b), if the nursery stock was grown in a field that meets the fol lowing requirements: (A) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (B) The pale cyst nematode has not been found in the field; and (C) No more than one pale cyst nema tode host crop, as listed in § 301.86–2(b), has been grown in the last 3 years. (iii) Nursery stock of non-host crops— (A) With soil. An inspector may issue a certificate for the interstate movement of nursery stock of non-host crops moved with soil if the nursery stock was grown in a field that meets the fol lowing requirements: (1) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (2) The pale cyst nematode has not been found in the field; and (3) No more than one pale cyst nema tode host crop, as listed in § 301.86–2(b), has been grown in the field in the last 3 years. (B) Without soil (bare-rooted). An in spector may issue a certificate for the interstate movement of nursery stock of non-host crops moved without soil if the inspector finds the nursery stock to be free of soil on its roots and on all other parts of the plant. (3) Certification requirements for pota toes for consumption, root crops for con sumption, garden or dry beans, and peas. An inspector may issue a certificate for the movement of potatoes intended for consumption, root crops intended for consumption, garden or dry beans, or peas from the quarantined area only if the field in which the potatoes, root VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00142 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 133 Animal and Plant Health Inspection Service, USDA § 301.86–5 5 See footnote 3 to § 301.86–5(a). crops, garden or dry beans, or peas were grown meets the following re quirements: (i) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years and prior to the planting of the potatoes or root crops; (ii) Pale cyst nematode has not been found in the field; and (iii) No more than one pale cyst nem atode host crop, as listed in § 301.86– 2(b), has been grown in the field in the last 3 years. (4) Certification requirements for soil and associated products. An inspector may issue a certificate for the inter state movement of a regulated article listed in § 301.86–2(e) only if the article originated in a field that meets the fol lowing requirements: (i) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (ii) The pale cyst nematode has not been found in the field; and (iii) No more than one pale cyst nem atode host crop, as listed in § 301.86– 2(b), has been grown in the last 3 years. (5) Certification requirements for hay, straw, and fodder. An inspector may issue a certificate for the movement of hay, straw, or fodder from the quar antined area only if: (i) The field where the hay, straw, or fodder was produced meets the fol lowing requirements: (A) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (B) The pale cyst nematode has not been found in the field; and (C) No more than one pale cyst nema tode host crop, as listed in § 301.86–2(b), has been grown in the field in the last 3 years; or (ii) The hay, straw, or fodder is pro duced according to procedures judged by an inspector to be sufficient to iso late it from soil throughout its produc tion. (6) Certification requirements for equip ment used in infested or associated fields. An inspector may issue a certificate for the interstate movement of equipment that has been used in an infested or as sociated field and that can carry soil if moved out of the field only after the equipment has been pressure-washed under the supervision of an inspector to remove all soil or steam-treated in accordance with part 305 of this chap ter. (b) Limited permits—(1) General condi tions. An inspector 5 may issue a lim ited permit for the interstate move ment of a regulated article if the in spector determines that: (i) The regulated article is to be moved interstate to a specified destina tion for specified handling, processing, or utilization (the destination and other conditions to be listed in the lim ited permit), and this interstate move ment will not result in the spread of the pale cyst nematode because life stages of the pale cyst nematode will be destroyed by the specified handling, processing, or utilization; (ii) The regulated article is to be moved in compliance with any addi tional emergency conditions the Ad ministrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the pale cyst nematode; and (iii) The regulated article is eligible for interstate movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (2) Specific conditions for potatoes for consumption. An inspector may issue a limited permit to allow the interstate movement of potatoes from the quar antined area for processing or packing only if: (i) The potatoes are transported in a manner that prevents the potatoes and soil attached to the potatoes from com ing into contact with agricultural premises outside the quarantined area; and (ii) The potatoes are processed or packed at facilities that handle pota toes, waste, and waste water in a man ner approved by APHIS to prevent the spread of pale cyst nematode. (c) Certificates and limited permits for the interstate movement of regu lated articles may be issued by an in spector or person operating under a compliance agreement. A person oper ating under a compliance agreement may issue a certificate for the inter state movement of a regulated article VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 134 7 CFR Ch. III (1–1–17 Edition) § 301.86–6 6 Compliance agreement forms are avail able without charge from local Plant Protec tion and Quarantine offices, which are listed in telephone directories. 7 See footnote 3 to § 301.86–5(a). after an inspector has determined that the regulated article is eligible for a certificate in accordance with para graph (a) of this section. A person oper ating under a compliance agreement may issue a limited permit for inter state movement of a regulated article after an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. (d) Any certificate or limited permit that has been issued may be with drawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all provisions in this subpart for the use of the certificate or limited permit or has not complied with all the condi tions contained in the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the cer tificate or limited permit was wrong fully withdrawn. As promptly as cir cumstances allow, the Administrator will grant or deny the appeal, in writ ing, stating the reasons for the deci sion. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579–0322) [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] § 301.86–6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agree ment when an inspector determines that the person is aware of this sub part, agrees to comply with its provi sions, and agrees to comply with all the provisions contained in the compli ance agreement. 6 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with any of the provi sions of this subpart. If the cancella tion is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been can celed may appeal the decision, in writ ing, to the Administrator, within 10 days after receiving written notifica tion of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Adminis trator will grant or deny the appeal, in writing, stating the reasons for the de cision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. § 301.86–7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or lim ited permits under § 301.86–5(c)) who de sires a certificate or limited permit to move a regulated article interstate must notify an inspector 7 as far in ad vance of the desired interstate move ment as possible, but no less than 48 hours before the desired interstate movement. (b) The regulated article must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. § 301.86–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article must, at all times during the interstate movement, be: VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 135 Animal and Plant Health Inspection Service, USDA § 301.87–1 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 oth erwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). 2 Regulations concerning the movement of gummosis bacteria and leaf scald bacteria in interstate or foreign commerce are con tained in part 330 of this chapter. (1) Attached to the outside of the container containing the regulated ar ticle; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee’s copy of the accompanying waybill. If the certificate or limited permit is at tached to the consignee’s copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regu lated article must be furnished by the carrier or the carrier’s representative to the consignee listed on the certifi cate or limited permit upon arrival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579–0322) § 301.86–9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspec tions or compliance with the provisions of the quarantine and regulations in this subpart, other than for the serv ices of the inspector. Subpart—Sugarcane Diseases SOURCE: 48 FR 50059, Oct. 31, 1983, unless otherwise noted. QUARANTINE AND REGULATIONS § 301.87 Quarantine; restrictions on interstate movement of specified ar ticles. 1 2 (a) Notice of quarantine. Under the au thority of sections 411, 412, 414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary of Agriculture quarantines Hawaii to prevent the artificial spread of leaf scald disease and quarantines Puerto Rico to prevent the artificial spread of gummosis disease and leaf scald dis ease. The regulations in this subpart govern the interstate movement from Hawaii and Puerto Rico of the regu lated articles described in § 301.87–2. (b) Quarantine restrictions on interstate movement of regulated articles. No com mon carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart. [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001] § 301.87–1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be con strued, respectively, to mean: Certificate. A document which is issued for a regulated article by an in spector or by a person operating under a compliance agreement, and which represents that the article is eligible for interstate movement in accordance with § 301.87–5(a) of this subpart. Compliance agreement. A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, in which the person agrees to comply with the pro visions of this subpart and any condi tions imposed pursuant to such provi sions. Deputy Administrator. The Deputy Ad ministrator of the Animal and Plant Health Inspection Service, U.S. Depart ment of Agriculture for Plant Protec tion and Quarantine, or any officer or employee of the Department to whom authority to act in his or her stead has been or may hereafter be delegated. Gummosis disease. A dangerous plant disease of sugarcane which is caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb) VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 136 7 CFR Ch. III (1–1–17 Edition) § 301.87–2 Dowson, and which is not widely preva lent or distributed within and through out the United States. Inspector. Any employee of Plant Pro tection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Ad ministrator in accordance with law to enforce the provisions of the quar antine and regulations in this subpart. Interstate. From any State into or through any other State. Leaf scald disease. A dangerous plant disease of sugarcane which is caused by the highly infectious bacterium, Xanthomonas albilineans (Ashby) Dowson, and which is not widely preva lent or distributed within and through out the United States. Limited permit. A document which is issued for a regulated article by an in spector or by a person operating under a compliance agreement, and which represents that the regulated article is eligible for interstate movement in ac cordance with § 301.87–5(b) of this sub part. Moved (movement, move). Shipped, of fered for shipment to a common car rier, received for transportation or transported by a common carrier, or carried, transported, moved, or caused or allowed to be moved by any means. ‘‘Movement’’ and ‘‘move’’ shall be con strued in accordance with this defini tion. Person. Any individual, partnership, corporation, company, society, associa tion, or other organized group. Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, dele gated responsibility for enforcing pro visions of the Plant Protection Act and related legislation, quarantines, and regulations. Regulated area. Any quarantined State, or any portion thereof, listed as a regulated area in § 301.87–3(c) of this subpart, or otherwise designated as a regulated area in accordance with § 301.87–3(b) of this subpart. Regulated article. Any article listed in § 301.87–2(a), (b), (c), (d), or otherwise designated as a regulated article in ac cordance with § 301.87–2(e). State. Any State, Territory, or Dis trict of the United States, including the Commonwealth of Puerto Rico. Sugarcane disease. This means leaf scald disease with respect to activities in Hawaii, and means gummosis dis ease or leaf scald disease with respect to activities in Puerto Rico. [48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987; 66 FR 21052, Apr. 27, 2001] § 301.87–2 Regulated articles. (a) Sugarcane plants, whole or in part, including true seed and bagasse, but not including pieces of cane boiled for a minimum of 30 minutes during processing into sugarcane chews; (b) Used sugarcane processing equip ment (sugarcane mill equipment, such as equipment used for extracting and refining sugarcane juice; and experi mental devices, such as devices used for extracting sugarcane juice); (c) Used sugarcane field equipment (equipment used for sugarcane field production purposes, e.g. planters, tractors, discs, cultivators, and vehi cles); (d) Sugarcane juice; and (e) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a), (b), (c), or (d) of this section, when it is determined by an inspector that it presents a risk of spread of a sugarcane disease and the person in possession of it has actual notice that the product, article, or means of conveyance is sub ject to the restrictions of this section. [48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987] § 301.87–3 Regulated areas. (a) Except as otherwise provided in paragraph (b) of this section, the Dep uty Administrator shall list as a regu lated area in paragraph (c) of this sec tion, each quarantined State, or each portion thereof, in which a sugarcane disease has been found by an inspector or in which the Deputy Administrator has reason to believe that a sugarcane disease is present, or each portion of a quarantined State which the Deputy Administrator deems necessary to reg ulate because of its proximity to a sug arcane disease or its inseparability for VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00146 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 137 Animal and Plant Health Inspection Service, USDA § 301.87–5 3 Requirements under all other applicable Federal domestic plant quarantines must also be met. 4 Treatments shall be monitored by inspec tors in order to assure compliance with re quirements in this subpart. 5 The term sugarcane diseases means leaf scald disease with respect to movement of regulated articles from Hawaii and means gummosis disease and leaf scald disease with respect to movements of regulated articles from Puerto Rico. 6 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). quarantine enforcement purposes from localities in which a sugarcane disease occurs. Less than an entire quar antined State will be designated as a regulated area only if the Deputy Ad ministrator is of the opinion that: (1) The State has adopted and is en forcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of a sugar cane disease. (b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such an area. Written notice of the designation shall be given to the owner or person in possession of the nonregulated area and, thereafter, the interstate move ment of any regulated article from the area shall be subject to the applicable provisions of this subpart. As soon as practicable, the area shall be added to the list in paragraph (c) of this section or the designation shall be terminated by the Deputy Administrator or an in spector, and notice thereof shall be given to the owner or person in posses sion of the area. (c) The areas described below are des ignated as regulated areas; Hawaii All of Hawaii. Puerto Rico. All of Puerto Rico. § 301.87–4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States. 3 Any regulated article may be moved interstate from any regulated area in a quarantined State if moved under the following conditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.87–5 and 301.87–8 of this sub part, or (b) Without a certificate or limited permit, if (1) Moved directly through any regu lated area, and (2) The article originated outside of any regulated area, and (3) The point of origin of the article is clearly indicated by shipping docu ments, its identity has been main tained, and it has not been used for the production of sugarcane while in the regulated area. § 301.87–5 Issuance and cancellation of certificates and limited permits. (a) A certificate shall be issued by an inspector for the movement of a regu lated article if the inspector: (1)(i) Determines that it has been treated under the direction of an in spector 4 in accordance with part 305 of this chapter, or (ii) Determines based on inspection of the article and the premises of ori gin that it is free from sugarcane dis eases; 5 (2) Determines that it is to be moved in compliance with any additional con ditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 6 to prevent the spread of sugarcane diseases; and (3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines ap plicable to the article. (b) A limited permit shall be issued by an inspector for the movement of a regulated article if the inspector: VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 138 7 CFR Ch. III (1–1–17 Edition) § 301.87–6 7 Compliance Agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Domestic and Emer gency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236, and from local offices of Plant Protection and Quar antine. (Local offices are listed in telephone directories.) (1) Determines, in consultation with the Deputy Administrator, that it is to be moved: (i) For a specified purpose (such as for consumption or manufacturing) stated on the limited permit, other than for processing or harvesting sug arcane; and (ii) To a specified destination stated on the limited permit, which is not in a county or parish where sugarcane is produced, and which is not within 10 miles of a sugarcane field; (2) Determines that it is to be moved in compliance with any additional con ditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 6 to prevent the spread of sugarcane diseases; and (3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines applicable to the article. (c) Certificates and limited permits for shipments of regulated articles may be issued by an inspector or by any per son engaged in the business of growing, handling, or moving regulated articles provided such person is operating under a compliance agreement. Any such person may execute and issue a certificate for the interstate movement of a regulated article if the person has treated the regulated article to destroy infection in accordance with the provi sions of § 301.87–10 of this subpart and the inspector has made the determina tion that the article is otherwise eligi ble for a certificate in accordance with paragraph (a) of this section; or if the inspector has made the determination that the article is eligible for a certifi cate in accordance with paragraph (a) of this section without such treatment. Any such person may execute and issue a limited permit for interstate move ment of a regulated article when the inspector has made the determination that the article is eligible for a limited permit in accordance with paragraph (b) of this section. (d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if the inspector determines that its hold er has not complied with any condition under the regulations for its use. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person re lies to show that the certificate or lim ited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal in writing, stating the reasons for the decision as prompt ly as circumstances allow. If there is a conflict as to any material fact, a hear ing shall be held to resolve the conflict under rules of practice which shall be adopted by the Administrator of the Animal and Plant Health Inspection Service, USDA, for the proceeding. [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001; 75 FR 4241, Jan. 26, 2010] § 301.87–6 Compliance agreement; can cellation. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. 7 The compliance agree ment shall be a written agreement be tween a person engaged in such a busi ness and Plant Protection and Quar antine, in which the person agrees to comply with the provisions of this sub part and any conditions imposed pursu ant to such provisions. (b) Any compliance agreement may be canceled orally or in writing by the inspector who is supervising its en forcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant to such provisions. If the cancellation is oral, the decision and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 139 Animal and Plant Health Inspection Service, USDA § 301.89–1 8 Inspectors are assigned to local offices of Plant Protection and Quarantine, which are listed in telephone directories. Information concerning local offices may also be obtained from the Animal and Plant Health Inspec tion Service, Plant Protection and Quar antine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Mary land 20737–1236. allow. Any person whose compliance agreement has been canceled may ap peal the decision, in writing, to the Deputy Administrator within ten days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the com pliance agreement was wrongfully can celled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict under rules of practice which shall be adopted by the Adminis trator of the Animal and Plant Health Inspection Service, USDA, for the pro ceeding. [48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994] § 301.87–7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or lim ited permits under § 301.87–5(c) of this subpart) who desires to move inter state a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector 8 to take any necessary action under this subpart prior to movement of the regu lated article. (b) The regulated article shall be as sembled at whatever point and in what ever manner the inspector designates as necessary to comply with the re quirements of this subpart. [48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994] § 301.87–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article, at all times during such movement, shall be securely at tached to the outside of the container containing the regulated article, se curely attached to the article itself if not in a container, or securely at tached to the consignee’s copy of the accompanying waybill or other ship ping document; provided however, that the requirements of this section may be met by attaching the certificate or limited permit to the consignee’s copy of the waybill or other shipping docu ment only if the regulated article is sufficiently described on the certifi cate, limited permit, or shipping docu ment to identify the article. (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.87–9 Costs and charges. The services of the inspector shall be furnished without cost. The U.S. De partment of Agriculture will not be re sponsible for any costs or charges inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. § 301.87–10 [Reserved] Subpart—Karnal Bunt SOURCE: 61 FR 52207, Oct. 4, 1996, unless otherwise noted. § 301.89–1 Definitions. Actual price received. The net price after adjustment for any premiums or discounts stated on the sales receipt. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Certificate. A document in which an inspector or a person operating under a compliance agreement affirms that a specified regulated article meets the requirements of this subpart and may be moved to any destination. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 140 7 CFR Ch. III (1–1–17 Edition) § 301.89–1 Compliance agreement. A written agreement between APHIS and a per son engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the pro visions of this subpart and any condi tions imposed under this subpart. Contaminated seed. Seed from sources in which the Karnal bunt pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist by the pres ence of bunted kernels or teliospores. Contract price. The net price after ad justment for any premiums or dis counts stated in the contract. Conveyances. Containers used to move wheat, durum wheat, or triticale, or their products, including trucks, trailers, railroad cars, bins, and hop pers. Distinct definable area. A commercial wheat production area of contiguous fields that is separated from other wheat production areas by desert, mountains, or other nonagricultural terrain as determined by an inspector, based on survey results. Grain. Wheat, durum wheat, and triticale used for consumption or proc essing. Grain storage facility. That part of a grain handling operation or unit or a grain handling operation, consisting or structures, conveyances, and equip ment that receive, unload, and store, grain, and that is able to operate as an independent unit from other units of the grain handling operation. A grain handling operation may be one grain storage facility or may be comprised of many grain storage facilities on a sin gle premises. Hay. Host crops cut and dried for feeding to livestock. Hay cut after reaching the dough stage may contain mature kernels of the host crop. Host crops. Plants or plant parts, in cluding grain, seed, or hay, of wheat, durum wheat, and triticale. Infestation (infected). The presence of Karnal bunt, or any identifiable stage of development (i.e., bunted kernels in grain, bunted kernels or teliospores in seed) of the fungus Tilletia indica (Mitra) Mundkur, or the existence of circumstances that make it reasonable to believe that Karnal bunt is present. Inspector. An APHIS employee or des ignated cooperator/collaborator au thorized by the Administrator to en force the provisions of this subpart. Karnal bunt. A plant disease caused by the fungus Tilletia indica (Mitra) Mundkur. Limited permit. A document in which an inspector affirms that a specified regulated article not eligible for a cer tificate is eligible for movement only to a specified destination and in ac cordance with conditions specified on the permit. Mechanized cultivating equipment and mechanized harvesting equipment. Mechanized equipment used for soil tillage, including tillage attachments for farm tractors—e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes—e.g., com bines, grain buggies, trucks, swathers, and hay balers. Movement (moved). The act of ship ping, transporting, delivering, or re ceiving for movement, or otherwise aiding, abetting, inducing or causing to be moved. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or any other legal entity. Plant. Any plant (including any plant part) for or capable of propagation, in cluding a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed. Seed. Wheat, durum wheat, and triticale used for propagation. Soil. The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material. Soil-moving equipment. Equipment used for moving or transporting soil, including, but not limited to, bull dozers, dump trucks, or road scrapers. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. Straw. The vegetative material left after the harvest of host crops. Straw is generally used as animal feed, bed ding, mulch, or for erosion control. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 141 Animal and Plant Health Inspection Service, USDA § 301.89–3 Tilling. The turning of a minimum of the top 6 inches of soil. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 1999; 69 FR 8095, Feb. 23, 2004] § 301.89–2 Regulated articles. The following are regulated articles: (a) Conveyances, including trucks, railroad cars, and other containers used to move host crops produced in a regulated area that have tested posi tive for Karnal bunt through the pres ence of bunted kernels; (b) Grain elevators/equipment/struc tures used for storing and handling host crops produced in a regulated area that have tested positive for Karnal bunt through the presence of bunted kernels; (c) Seed conditioning equipment and storage/handling equipment/structures that have been used in the production of wheat, durum wheat, and triticale found to contain the spores of Tilletia indica; (d) Plants or plant parts (including grain, seed, and straw) and hay cut after reaching the dough stage of all varieties of wheat (Triticum aestivum), durum wheat (Triticum durum), and triticale (Triticum aestivum × Secale cereale) that are produced in a regu lated area, except for straw/stalks/seed heads for decorative purposes that have been processed or manufactured prior to movement and are intended for use indoors; (e) Tilletia indica (Mitra) Mundkur; (f) Mechanized harvesting equipment that has been used in the production of wheat, durum wheat, or triticale that has tested positive for Karnal bunt through the presence of bunted ker nels; and (g) Any other product, article, or means of conveyance when: (1) An inspector determines that it presents a risk of spreading Karnal bunt based on appropriate testing and the intended use of the product, arti cle, or means of conveyance; and (2) The person in possession of the product, article, or means of convey ance has been notified that it is regu lated under this subpart. [69 FR 8095, Feb. 23, 2004] § 301.89–3 Regulated areas. (a) The Administrator will regulate each State or each portion of a State that is infected. (b) Less than an entire State will be listed as a regulated area only if the Administrator: (1)(i) Determines that the State has adopted and is enforcing restrictions on the intrastate movement of the reg ulated articles listed in § 301.89–2 that are equivalent to the movement re strictions imposed by this subpart; and (ii) Determines that designating less than the entire State as a regulated area will prevent the spread of Karnal bunt; or (2) Exercises his or her extraordinary emergency authority under 7 U.S.C. 150dd. (c) The Administrator may include noninfected acreage within a regulated area due to its proximity to an infesta tion or inseparability from the infected locality for regulatory purposes, as de termined by: (1) Projections of the spread of Karnal bunt along the periphery of the infestation; (2) The availability of natural habi tats and host materials within the non infected acreage that are suitable for establishment and survival of Karnal bunt; and (3) The necessity of including uninfected acreage within the regu lated area in order to establish readily identifiable boundaries. (d) The Administrator or an inspec tor may temporarily designate any nonregulated area as a regulated area in accordance with the criteria speci fied in paragraphs (a), (b), and (c) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonregulated area, or, in the case of publicly owned land, to the person responsible for the management of the nonregulated area. Thereafter, the movement of any regulated article from an area temporarily designated as a regulated area is subject to this sub part. As soon as practicable, this area either will be added to the list of des ignated regulated areas in paragraph (g) of this section, or the Adminis trator will terminate the designation. The owner or person in possession of, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 142 7 CFR Ch. III (1–1–17 Edition) § 301.89–3 or, in the case of publicly owned land, the person responsible for the manage ment of, an area for which the designa tion is terminated will be given written notice of the termination as soon as practicable. (e) The Administrator will classify a field or area as a regulated area when: (1) It is a field planted with seed from a lot found to contain a bunted wheat kernel; or (2) It is a distinct definable area that contains at least one field that was found during survey to contain a bunt ed 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 ker nel); 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 dis tinct 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 prox imity to the field associated with the bunted kernel at the handling facility). (f) A field known to have been in fected 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 nega tive, through the absence of bunted kernels, for Karnal bunt. (g) The following areas or fields are designated as regulated areas (maps of the regulated areas may be obtained by contacting the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, 4700 River Road Unit 98, Riverdale, MD 20737– 1236): ARIZONA La Paz County. Beginning at the northeast corner of sec. 24, T. 8 N., R. 21 W.; then south to the southeast corner of sec. 1, T. 7 N., R. 21 W.; then east to the northeast corner of sec. 7, T. 7 N., R. 20 W.; then south to the southeast corner of sec. 19, T. 7 N., R. 20 W.; then west to the southwest corner of sec. 19, T. 7 N., R. 20 W.; then south to the southeast corner of sec. 36, T. 7 N., R. 21 W.; then west to the southwest corner of sec. 36, T. 7 N., R. 21 W.; then south to the southeast corner of sec. 2, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 2, T. 6 N., R. 21 W.; then south to the southeast corner of sec. 10, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 8, T. 6 N., R. 21 W.; then north to the southwest corner of sec. 5, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the northwest corner of sec. 6, T. 6 N., R. 21 W.; then west to the southwest corner of sec. 36, T. 7 N., R. 22 W., then north to the northwest corner of sec. 24, T. 7 N., R. 22 W.; then east to the northeast corner of sec. 24, T. 7 N., R. 22 W.; then north from that point to the Col orado River; then northeast along the Colo rado River to the northern boundary of sec. 16, T. 8 N., R. 21 W.; then east to the north east corner of sec. 14, T. 8 N., R. 21 W.; then south to the southeast corner of sec. 14, T. 8 N., R. 21 W.; then east to the point of begin ning. Maricopa County. (1) Beginning at the southeast corner of sec. 8, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S., R. 2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 14, T. 1 S., R. 1 E.; then west to the southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 5, T. 1 S., R. 1 E.; then west to the northeast corner of sec. 6, T. 1 S., R. 1 W.; then south to the southeast corner of sec. 7, T. 1 S., R. 1 W.; then west to the northeast corner of sec. 14, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 14, T. 1 S., R. 2 W.; then west to the northeast corner of sec. 20, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to the northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 5, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 5, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 33, T. 2 N., R. 2 W.; then east to the northeast corner of sec. 33, T. 2 N., R. 2 W.; then north to the northwest corner of sec. 3, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 143 Animal and Plant Health Inspection Service, USDA § 301.89–3 T. 3 N., R. 2 W.; then east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the north east corner of sec. 29, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the southeast cor ner of sec. 27, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the northeast corner of sec. 4, T. 1 N., R. 2 E.; then south to the north west corner of sec. 15, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 14, T. 1 N., R. 2 E.; then south to the southeast cor ner of sec. 35, T. 1 N., R. 2 E.; then west to the northeast corner of sec. 3, T. 1 S., R. 2 E.; then south to the southeast corner of sec. 3, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 4, T. 1 S., R. 2 E.; then south to the point of beginning. (2) Beginning at the intersection of the Maricopa/Pinal County line and the south east corner of sec. 36, T. 2 S., R. 7 E.; then west along the Maricopa/Pinal County line to the southwest corner of sec. 33, T. 2 S., R. 5 E.; then north to the northwest corner of sec. 33; then west to the southwest corner of sec. 30, T. 2 S., R. 5 E.; then north to the southeast corner of sec. 25, T. 2 S., R. 4 E.; then west to the southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the south west corner of sec. 35, T. 1 S., R. 4 E.; then north to the northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to the northeast corner of sec. 33, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 27, T. 1 S., R. 5 E.; then east to the northeast corner of sec. 27, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 23, T. 1 S., R. 5 E.; then east to the northeast corner of sec. 21,T. 1 S., R. 6 E.; then south to the southeast corner of sec. 21, T. 1 S., R. 6 E.; then east to the northeast corner of sec. 27, T. 1 S., R. 6 E.; then south to the southeast corner of sec. 27, T. 1 S., R. 6 E.; then east to the northeast corner of sec. 31, T. 1 S., R. 7 E.; then south to the north west corner of sec. 5, T. 2 S., R. 7 E.; then east to the northeast corner of sec. 3, T. 2 S., R. 7 E.; then north to the northwest corner of sec. 35, T. 1 S., R. 7 E.; then east to the northeast corner of sec. 36, T. 1 S., R. 7 E. and the Maricopa/Pinal County line; then south along the Maricopa/Pinal County line to the point of beginning. (3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.; the west to the north east corner of sec. 33, T. 6 S., R. 6 W.; then south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west to the southwest cor ner of sec. 36, T. 6 S., R. 7 W.; then north to the northwest corner of sec. 36, T. 6 S., R. 7 W.; then west to the southwest corner of sec. 26, T. 6 S., R. 7 W.; then north to the north west corner of sec. 23, T. 6 S., R. 7 W.; then west to the southeast corner of sec. 18, T. 6 S., R. 7 W.; then north to the northeast cor ner of sec. 6, T. 6 S., R. 7 W.; then west to the southeast corner of sec. 31, T. 5 S., R. 7 W.; then north to the northwest corner of sec. 29, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 29, T. 5 S., R.7 W.; then east to the southwest corner of sec. 22, T. 5 S., R. 7 W.; then north to northwest corner of sec. 22, T. 5 S., R. 7 W.; then to the southwest corner of sec. 14, T. 5 S., R. 7 W.; then north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 13, T. 5 S., R. 6 W.; then south to the southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point of beginning. (4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.; then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the south west corner of sec. 17, T. 1 N., R. 5 E.; then north to the northwest corner of sec. 27, T. 1 N., R. 5 E.; then west to the southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast corner of sec. 12, T. 2 N., R. 5 E.; then south to the point of beginning. Pinal County: (1) Beginning at the intersec tion of the Maricopa/Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8 E.; then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; then south to the north west corner of sec. 4, T. 2 S., R. 8 E.; then east to the northeast corner of sec. 4, T. 2 S., R. 8 E.; then south to the southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the north east corner of sec. 8, T. 3 S., R. 8 E.; then south to the southeast corner of sec. 8, T. 3 S., R. 8 E.; then west to the southwest corner of sec. 12, T 3 S., R. 7 E.; then north to the southeast corner of sec. 2, T. 3 S., R. 7 E.; then west to the northeast corner of sec. 9, T. 3 S., R. 6 E.; then south to the southeast corner of sec. 28, T. 3 S., R. 6 E.; then west VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 144 7 CFR Ch. III (1–1–17 Edition) § 301.89–4 to the southwest corner of sec. 28, T. 3 S., R. 6 E.; then south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to the southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the southwest corner of sec. 27, T. 3 S., R. 5 E.; then north to the northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of the Maricopa/Pinal Coun ty line; then east along the Maricopa/Pinal County line to the northwest corner of sec. 6, T. 3 S., R. 8 E.; then north along the Mari copa/Pinal County line to the point of begin ning. (2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; then west to the south west corner of sec. 1, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the northeast corner of sec. 35, T. 4 S., R. 2 E.; then north to the north west corner of sec. 25, T. 4 S., R. 2 E.; then east to the southwest corner of sec. 20, T. 4 S., R. 3 E.; then north to the northwest cor ner of sec. 20, T. 4 S., R. 3 E.; then east to the northeast corner of sec. 24, T. 4 S., R. 3 E.; then south to the southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the north west corner of sec. 1, T. 5 S., R. 4 E.; then east to the northeast corner of sec. 1, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 1, T. 5 S., R. 4 E.; then west to the north east corner of sec. 12, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to the southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of beginning. [61 FR 52207, Oct. 4, 1996] EDITORIAL NOTE: For FEDERAL REGISTER ci tations affecting § 301.89–3, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. § 301.89–4 Planting. Any wheat, durum wheat, or triticale that originates within a regulated area must be tested and found free from bunted wheat kernels and spores before it may be used as seed within or out side a regulated area. [69 FR 8096, Feb. 23, 2004] § 301.89–5 Movement of regulated arti cles from regulated areas. (a) Any regulated article may be moved from a regulated area into or through an area that is not regulated only if moved under the following con ditions: (1) With a certificate or limited per mit issued and attached in accordance with §§ 301.89–6 and 301.89–10; (2) Without a certificate or limited permit, provided that each of the fol lowing conditions is met: (i) The regulated article was moved into the regulated area from an area that is not regulated; (ii) The point of origin is indicated on a waybill accompanying the regulated article; (iii) The regulated article is moved through the regulated area without stopping, or has been stored, packed, or handled at locations approved by an in spector as not posing a risk of contami nation with Karnal bunt, or has been treated in accordance with part 305 of this chapter while in or moving through any regulated area; and (iv) The article has not been com bined or commingled with other arti cles so as to lose its individual iden tity; (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated arti cle, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in com pliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 145 Animal and Plant Health Inspection Service, USDA § 301.89–6 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning such local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Surveil lance and Emergency Programs Planning and Coordination, 4700 River Road Unit 98, Riverdale, Maryland 20737–1236. 2 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 431 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). measures, destroyed, or otherwise dis posed of. Any treatments will be in ac cordance with part 305 of this chapter. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010] § 301.89–6 Issuance of a certificate or limited permit. (a) An inspector 1 or person operating under a compliance agreement will issue a certificate for the movement of a regulated article outside a regulated area if he or she determines that the regulated article: (1) Is eligible for unrestricted move ment under all other applicable Fed eral domestic plant quarantines and regulations; (2) Is to be moved in compliance with any conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 to prevent the artificial spread of Karnal bunt; and (3)(i) Is free of Karnal bunt infesta tion, based on laboratory results of testing, and history of previous infesta tion; (ii) Has been grown, produced, manu factured, stored, or handled in a man ner that would prevent infestation or destroy all life stages of Karnal bunt; or (iii) Has been treated in accordance with part 305 of this chapter. (b) To be eligible for movement under a certificate, hay cut after the dough stage or grain from a field within a reg ulated area must be tested prior to its movement from the field or before it is commingled with similar commodities and must be found free from bunted kernels. If bunted kernels are found, the grain or hay will be eligible for movement only under a limited permit issued in accordance with paragraph (c) of this section, and the field of produc tion will be considered positive for Karnal bunt. (c) An inspector or a person oper ating under a compliance agreement will issue a limited permit for the movement outside the regulated area of a regulated article not eligible for a certificate if the inspector determines that the regulated article: (1) Is to be moved to a specified des tination for specified handling, utiliza tion, or processing (the destination and other conditions to be listed in the lim ited permit and/or compliance agree ment), and this movement will not re sult in the artificial spread of Karnal bunt because Karnal bunt will be de stroyed or the risk mitigated by the specified handling, utilization, or proc essing; (2) Is to be moved in compliance with any additional conditions the Adminis trator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and (3) Is eligible for movement under all other Federal domestic plant quar antines and regulations applicable to the regulated article. (d) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with § 301.89–7 or authorize reproduction of the cer tificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and lim ited permits may then be completed and used, as needed, for the movement of regulated articles that have met the applicable requirements of paragraphs (a) and (b) of this section for the issuance of certificates or of paragraph (c) of this section for the issuance of limited permits. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 27, 2001; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010] VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00155 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 146 7 CFR Ch. III (1–1–17 Edition) § 301.89–7 3 Compliance agreements may be initiated by contacting a local office of Plant Protec tion and Quarantine, which are listed in tele phone directories. The addresses and tele phone numbers of local offices of Plant Pro tection and Quarantine may also be obtained from the Animal and Plant Health Inspec tion Service, Plant Protection and Quar antine, Surveillance and Emergency Pro gram Planning and Coordination, 4700 River Road Unit 98, Riverdale, Maryland 20737–1236. 4 See footnote 1. § 301.89–7 Compliance agreements. Persons who grow, handle, or move regulated articles may enter into a compliance agreement 3 if such persons review with an inspector each provi sion of the compliance agreement, have facilities and equipment to carry out disinfestation procedures or applica tion of chemical materials in accord ance with part 305 of this chapter, and meet applicable State training and cer tification standards under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters into a compliance agreement with APHIS must agree to comply with the provisions of this sub part and any conditions imposed under this subpart. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010] § 301.89–8 Cancellation of a certificate, limited permit, or compliance agreement. Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agree ment, has not complied with this sub part or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as cir cumstances allow, but within 20 days after oral notification of the cancella tion. Any person whose certificate, limited permit, or compliance agree ment has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancella tion notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Admin istrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. § 301.89–9 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the serv ices of an inspector 4 at least 24 hours before the services are needed. (b) The regulated articles must be as sembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 FR 29550, June 2, 1999; 75 FR 68945, Nov. 10, 2010] § 301.89–10 Attachment and disposition of certificates and limited permits. (a) The consignor must ensure that the certificate or limited permit au thorizing movement of a regulated ar ticle is, at all times during movement, attached to: (1) The outside of the container en casing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee’s copy of the ac companying waybill: Provided, that the descriptions of the regulated arti cle on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the cer tificate or limited permit authorizing movement of a regulated article to the consignee at the shipment’s destina tion. § 301.89–11 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00156 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 147 Animal and Plant Health Inspection Service, USDA § 301.89–15 The user will be responsible for all costs and charges arising from inspec tion and other services provided out side of normal business hours. § 301.89–12 Cleaning, disinfection, and disposal. (a) Mechanized harvesting equipment that has been used to harvest host crops that test positive for Karnal bunt based on the presence of bunted kernels must be cleaned and, if disinfection is determined to be necessary by an in spector, disinfected in accordance with part 305 of this chapter prior to move ment from a regulated area. (b) Seed conditioning equipment that was used in the conditioning of seed that was tested and found to contain spores or bunted kernels of Tilletia indica must be cleaned and disinfected in accordance with part 305 of this chapter prior to being used in the con ditioning of seed that has tested nega tive for the spores of Tilletia indica or to being moved from a regulated area. (c) Any grain storage facility, includ ing on-farm storage, that is used to store seed that has tested bunted-ker nel or spore positive or grain that has tested bunted-kernel positive must be cleaned and, if disinfection is deter mined to be necessary by an inspector, disinfected in accordance with part 305 of this chapter if the facility will be used to store grain or seed in the fu ture. (d) Conveyances used to move bunt ed-kernel-positive host crops, including trucks, railroad cars, and other con tainers, that have sloping metal sides leading directly to a bottom door or slide chute, are self cleaning, and will not be required to be cleaned and dis infected. (e) Spore-positive wheat, durum wheat, or triticale seed that has been treated with any chemical that renders it unfit for human or animal consump tion must be disposed of by means of burial under a minimum of 24 inches of soil in a nonagricultural area that will not be cultivated or in an approved landfill. [69 FR 8096, Feb. 23, 2004, as amended at 75 FR 4241, Jan. 26, 2010] §§ 301.89–13—301.89–14 [Reserved] § 301.89–15 Compensation for growers, handlers, and seed companies in the 1999–2000 and subsequent crop seasons. Growers, handlers, and seed compa nies are eligible to receive compensa tion from the United States Depart ment of Agriculture (USDA) for the 1999–2000 and subsequent crop seasons to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows: (a) Growers, handlers, and seed compa nies in areas under first regulated crop season. Growers, handlers, and seed companies are eligible to receive com pensation for the loss in value of their wheat in accordance with paragraphs (a)(1) and (a)(2) of this section if: The wheat was grown in a State where the Secretary has declared an extraor dinary emergency; and the wheat was grown in an area of that State that be came regulated for Karnal bunt after the crop was planted, or for which an Emergency Action Notification (PPQ Form 523) was issued after the crop was planted; and the wheat was grown in an area that remained regulated or under Emergency Action Notification at the time the wheat was sold. Growers and handlers of wheat grown in Oklahoma during the 2000–2001 growing season are eligible to receive compensation if the wheat was commingled in storage with wheat that meets the above require ments of this paragraph. Growers, han dlers, and seed companies in areas under the first regulated crop season are eligible for compensation for 1999– 2000 or subsequent crop season wheat and for wheat inventories in their pos session that were unsold at the time the area became regulated. The com pensation provided in this paragraph is for wheat grain, certified wheat seed, wheat held back from harvest by a grower in the 2000–2001 growing season for use as seed in the next growing sea son, and wheat grown with the inten tion of producing certified wheat seed. (1) Growers. Growers of wheat in an area under the first regulated crop sea son, who sell wheat that was tested by APHIS and found positive for Karnal bunt prior to sale, or that was tested by APHIS and found positive for VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00157 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 148 7 CFR Ch. III (1–1–17 Edition) § 301.89–15 Karnal bunt after sale and the price re ceived by the grower is contingent on the test results, are eligible to receive compensation as described in para graphs (a)(1)(i) and (a)(1)(ii) of this sec tion. However, compensation for posi tive-testing wheat will not exceed $1.80 per bushel under any circumstances. (i) If the wheat was grown under con tract and a price was determined in the contract before the area where the wheat was grown became regulated, compensation will equal the contract price minus the actual price received by the grower. (ii) If the wheat was not grown under contract or a price was determined in the contract after the area where the wheat was grown became regulated, compensation will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the actual price received by the grower. The estimated market price will be cal culated by APHIS for each class of wheat, taking into account the prices offered by relevant terminal markets (animal feed, milling, or export) during the harvest months for the area, with adjustments for transportation and other handling costs. Separate esti mated market prices will be calculated for certified wheat seed and wheat grown with the intention of producing certified wheat seed, and wheat grain. (2) Handlers and seed companies. Han dlers and seed companies who sell wheat grown in an area under the first regulated crop season are eligible to re ceive compensation only if the wheat was not tested by APHIS prior to pur chase by the handler or seed company, but was tested by APHIS and found positive for Karnal bunt after purchase by the handler or seed company, as long as the price to be paid is not con tingent on the test results. Compensa tion will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the actual price received by the handler or seed company. The estimated market price will be calculated by APHIS for each class of wheat, taking into account the prices offered by relevant terminal markets (animal feed, milling, or ex port) during the harvest months for the area, with adjustments for transpor tation and other handling costs. Sepa rate estimated market prices will be calculated for certified wheat seed and wheat grown with the intention of pro ducing certified wheat seed, and wheat grain. However, compensation will not exceed $1.80 per bushel under any cir cumstances. (b) Growers, handlers, and seed compa nies in previously regulated areas. For the 1999–2000 crop season and the 2000– 2001 crop season only, growers, han dlers, and seed companies are eligible to receive compensation for the loss in value of their wheat in accordance with paragraphs (b)(1) and (b)(2) of this sec tion if: The wheat was grown in a State where the Secretary has declared an extraordinary emergency; and the wheat was grown in an area of that State that became regulated for Karnal bunt before the crop was planted, or for which an Emergency Action Notifica tion (PPQ Form 523) was issued before the crop was planted; and the wheat was grown in an area that remained regulated or under Emergency Action Notification at the time the wheat was sold. Growers, handlers, and seed com panies in previously regulated areas will not be eligible for compensation for wheat from the 2001–2002 and subse quent crop seasons; except that, for growers or handlers of wheat harvested in any field in the Texas counties of Archer, Baylor, Throckmorton, and Young during the 2000–2001 crop season that has not been found to contain a bunted wheat kernel, this requirement applies to compensation for wheat from the 2002–2003 and subsequent crop sea sons. The compensation provided in this paragraph is for wheat grain, cer tified wheat seed, and wheat grown with the intention of producing cer tified wheat seed. (1) Growers. Growers of wheat in a previously regulated area who sell wheat that was tested by APHIS and found positive for Karnal bunt prior to sale, or that was tested by APHIS and found positive for Karnal bunt after sale and the price received by the grow er is contingent on the test results, are eligible to receive compensation at the rate of $.60 per bushel of positive test ing wheat. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 149 Animal and Plant Health Inspection Service, USDA § 301.89–15 (2) Handlers and seed companies. Han dlers and seed companies who sell wheat grown in a previously regulated area are eligible to receive compensa tion only if the wheat was not tested by APHIS prior to purchase by the han dler, but was tested by APHIS and found positive for Karnal bunt after purchase by the handler or seed com pany, as long as the price to be paid by the handler or seed company is not contingent on the test results. Com pensation will be at the rate of $.60 per bushel of positive testing wheat. (c) To claim compensation. Compensa tion payments to growers, handlers, and seed companies under paragraphs (a) and (b) of this section will be issued by the Farm Service Agency (FSA). Claims for compensation for the 1999– 2000 crop season must be received by FSA on or before December 4, 2001. Claims for compensation for subse quent crop seasons must be received by FSA on or before March 1 of the year following that crop season. The Admin istrator may extend the deadline, upon request in specific cases, when unusual and unforeseen circumstances occur that prevent or hinder a claimant from requesting compensation on or before these dates. To claim compensation, a grower, handler, or seed company must complete and submit to the local FSA county office the following documents: (1) Growers, handlers, and seed compa nies. A grower, handler, or seed com pany must submit a Karnal Bunt Com pensation Claim form, provided by FSA. If the wheat was grown in an area that is not a regulated area, but for which an Emergency Action Notifica tion (PPQ Form 523) (EAN) has been issued, the grower, handler, or seed company must submit a copy of the EAN. Growers, handlers, and seed com panies must also submit a copy of the Karnal bunt certificate issued by APHIS that shows the Karnal bunt test results, and verification as to the ac tual (not estimated) weight of the wheat that tested positive (such as a copy of a facility weigh ticket, or other verification). For compensation claims for wheat seed, a grower or seed com pany must submit documentation showing that the wheat is either cer tified seed or was grown with the in tention of producing certified seed (this documentation may include one or more of the following types of docu ments: an application to the State seed certification agency for field inspec tion; a bulk sale certificate; certifi cation tags or labels issued by the State seed certification agency; or a document issued by the State seed cer tification agency verifying that the wheat is certified seed); (2) Growers. In addition to the docu ments required in paragraph (c)(1) of this section, growers must submit a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the grower. Growers compensated under paragraph (b)(1) of this section (pre viously regulated areas) whose wheat was not tested prior to sale must sub mit documentation showing that the price paid to the grower was contin gent on test results (such as a copy of the receipt for the final sale of the wheat or a copy of the contract the grower has for the wheat, if this infor mation appears on those documents). (3) Handlers and seed companies. In ad dition to the documents required in paragraph (c)(1) of this section, han dlers and seed companies must submit a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the handler or seed company. The handler or seed company must also submit doc umentation showing that the price paid or to be paid to the grower is not contingent on the test results (such as a copy of the receipt for the purchase of the wheat or a copy of the contract the handler or seed company has with the grower, if this information appears on those documents). (d) Special allowance for negative wheat grown in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000–2001 growing season. Notwith standing any other provision of this section, wheat that was harvested from fields in Archer, Baylor, Throckmorton, or Young Counties, TX, in the 2000–2001 growing season, and that tested negative for Karnal bunt after harvest, is eligible for compensa tion in accordance with paragraph (a) of this section. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 150 7 CFR Ch. III (1–1–17 Edition) § 301.89–16 (e) Special allowance for disposal costs for treated uncertified wheat seed in Ar cher, Baylor, Throckmorton, and Young Counties, TX, in the 2000–2001 growing season. Notwithstanding any other pro vision of this section, growers in Ar cher, Baylor, Throckmorton, or Young Counties, TX, who own treated uncertified wheat seed that tested posi tive for Karnal bunt spores during the 2000–2001 growing season are eligible for compensation in accordance with this paragraph. The grower is eligible for compensation for the costs of disposing of such wheat seed, by burial on the grower’s premises, by burial at a land fill, or through another means ap proved by APHIS. The compensation for disposing of wheat seed by burial on the grower’s premises is $1.00 per bush el. The compensation for disposing of wheat seed by burial at a landfill, or through another means approved by APHIS, is the actual cost of disposal, up to $1.20 per bushel, as verified by re ceipts for disposal costs. To apply for this compensation, the grower must submit a Karnal Bunt Compensation Claim form, provided by FSA, and must also submit a copy of the Karnal bunt certificate issued by APHIS that shows the Karnal bunt test results, and verification as to the actual (not esti mated) weight of the uncertified wheat seed that tested positive for spores (such as a copy of a facility weigh tick et, or other verification). For seed dis posed of by burial at a landfill the grower must also submit one or more receipts for the disposal costs of the uncertified wheat seed, showing the total bushels destroyed and the total disposal costs (landfill fees, transpor tation costs, etc.). [63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002] § 301.89–16 Compensation for grain storage facilities, flour millers, Na tional Survey participants, and cer tain custom harvesters and equip ment owners or lessees for the 1999–2000 and subsequent crop sea sons. Owners of grain storage facilities, flour millers, and participants in the National Karnal Bunt Survey are eligi ble to receive compensation from the United States Department of Agri culture (USDA) for the 1999–2000and subsequent crop seasons to mitigate losses or expenses incurred because of the Karnal bunt regulations and emer gency actions, as follows: (a) Decontamination of grain storage facilities. Owners of grain storage facili ties that are in States where the Sec retary has declared an extraordinary emergency, and who have decontami nated their grain storage facilities pur suant to either an Emergency Action Notification (PPQ Form 523) issued by an inspector or a letter issued by an in spector ordering decontamination of the facilities, are eligible to be com pensated, on a one time only basis for each facility for each covered crop year wheat, for up to 50 percent of the direct cost of decontamination. However, compensation will not exceed $20,000 per grain storage facility (as defined in § 301.89–1). General clean-up, repair, and refurbishment costs are excluded from compensation. Compensation payments will be issued by APHIS. To claim com pensation, the owner of the grain stor age facility must submit to an inspec tor records demonstrating that decon tamination was performed on all struc tures, conveyances, or materials or dered by APHIS to be decontaminated. The records must include a copy of the Emergency Action Notification or the letter from an inspector ordering de contamination, contracts with individ uals or companies hired to perform the decontamination, receipts for equip ment and materials purchased to per form the decontamination, time sheets for employees of the grain storage fa cility who performed activities con nected to the decontamination, and any other documentation that helps show the cost to the owner and that de contamination has been completed. Claims for compensation for the 1999– 2000 crop season must be received by APHIS on or before December 4, 2001. Claims for compensation for the 2000– 2001 crop season and beyond must be received by March 1 of the year fol lowing that crop season. The Adminis trator may extend these deadlines upon written request in specific cases, when unusual and unforeseen circumstances occur that prevent or hinder a claim ant from requesting compensation on or before these dates. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 151 Animal and Plant Health Inspection Service, USDA § 301.89–16 (b) Flour millers. Flour millers who, in accordance with a compliance agree ment with APHIS, heat treat millfeed that is required by APHIS to be heat treated are eligible to be compensated at the rate of $35.00 per short ton of millfeed. The amount of millfeed com pensated will be calculated by multi plying the weight of wheat from the regulated area received by the miller by 25 percent (the average percent of millfeed derived from a short ton of grain). Compensation payments will be issued by APHIS. To claim compensa tion, the miller must submit to an in spector verification as to the actual (not estimated) weight of the wheat (such as a copy of a facility weigh tick et or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification). Flour millers must also submit verification that the millfeed was heat treated (such as a copy of the limited permit under which the wheat was moved to a treatment facility and a copy of the bill of lading accom panying that movement; or a copy of PPQ Form 700 (which includes certifi cation of processing) signed by the in spector who monitors the mill). Claims for compensation for the 1999–2000 crop season must be received by APHIS on or before December 4, 2001. Claims for compensation for the 2000–2001 crop season and beyond must be received by March 1 of the year following that crop season. The Administrator may extend these deadlines upon written request in specific cases, when unusual and un foreseen circumstances occur that pre vent or hinder a claimant from re questing compensation on or before these dates. (c) National Karnal Bunt Survey par ticipants. If a grain storage facility par ticipating in the National Karnal Bunt Survey tests positive for Karnal bunt, the facility will be regulated, and may be ordered decontaminated, pursuant to either an Emergency Action Notifi cation (PPQ Form 523) issued by an in spector or a letter issued by an inspec tor ordering decontamination of the fa cility. If the Secretary has declared an extraordinary emergency in the State in which the grain storage facility is located, the owner will be eligible for compensation as follows: (1) Loss in value of positive wheat. The owner of the grain storage facility will be compensated for the loss in value of positive wheat. Compensation will equal the estimated market price for the relevant class of wheat minus the actual price received for the wheat. The estimated market price will be cal culated by APHIS for each class of wheat, taking into account the prices offered by relevant terminal markets (animal feed, milling, or export) during the relevant time period for that facil ity, with adjustments for transpor tation and other handling costs. How ever, compensation will not exceed $1.80 per bushel under any cir cumstances. Compensation payments for loss in value of wheat will be issued by the Farm Service Agency (FSA). To claim compensation, the owner of the facility must submit to the local FSA office a Karnal Bunt Compensation Claim form, provided by FSA. The owner of the facility must also submit to FSA a copy of the Emergency Ac tion Notification or letter from an in spector under which the facility is or was quarantined; verification as to the actual (not estimated) weight of the wheat (such as a copy of a facility weigh ticket or a copy of the bill of lading for the wheat, if the actual weight appears on those documents, or other verification); and a copy of the receipt for the final sale of the wheat, showing the total bushels sold and the total price received by the owner of the grain storage facility. Claims for com pensation for the 1999–2000 crop season must be received by APHIS on or be fore December 4, 2001. Claims for com pensation for the 2000–2001 crop season and beyond must be received by March 1 of the year following that crop sea son. The Administrator may extend these deadlines upon written request in specific cases, when unusual and un foreseen circumstances occur that pre vent or hinder a claimant from re questing compensation on or before these dates. (2) Decontamination of grain storage fa cilities. The owner of the facility will be compensated on a one time only basis for each grain storage facility for each covered crop year wheat for the direct costs of decontamination of the facil ity at the same rate described under VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 152 7 CFR Ch. III (1–1–17 Edition) § 301.89–16 paragraph (a) of this section (up to 50 per cent of the direct costs of decon tamination, not to exceed $20,000 per grain storage facility). Compensation payments for decontamination of grain storage facilities will be issued by APHIS, and claims for compensation must be submitted in accordance with the provisions in paragraph (a) of this section. Claims for compensation for the 1999–2000 crop season must be re ceived by APHIS on or before Decem ber 4, 2001. Claims for compensation for the 2000–2001 crop season and beyond must be received by March 1 of the year following that crop season. The Administrator may extend these dead lines upon written request in specific cases, when unusual and unforeseen circumstances occur that prevent or hinder a claimant from requesting compensation on or before these dates. (d) Special allowances for custom har vesters and equipment owners or lessees for costs related to cleaning and disinfec tion of mechanized harvesting and other equipment in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000–2001 crop season. All claims for compensation under this paragraph § 301.89–16(d) must be received by APHIS on or before September 6, 2005. The Administrator may extend this deadline upon written request in spe cific cases, when unusual and unfore seen circumstances occur that prevent or hinder a claimant from requesting compensation on or before this date. All compensation payments made under this paragraph § 301.89–16(d) will be issued by APHIS. Claims for com pensation should be sent to Plant Pro tection and Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374. (1) Custom harvesters. (i) Cleaning and disinfection of mechanized harvesting equipment. Custom harvesters who har vested host crops that an inspector de termined to be infected with Karnal bunt and that were grown in Archer, Baylor, Throckmorton, or Young Coun ties, TX, during the 2000–2001 crop sea son are eligible to receive compensa tion for the cost of cleaning and dis infecting their mechanized harvesting equipment as required by § 301.89–12(a). Compensation for the cost of cleaning and disinfection mechanized harvesting equipment used to harvest Karnal bunt-infected host crops will be either the actual cost or $750 per cleaned ma chine, whichever is less. To claim com pensation, a custom harvester must provide copies of a contract or other signed agreement for harvesting in Ar cher, Baylor, Throckmorton, or Young County during the 2000–2001 crop sea son, signed on a date prior to the des ignation of the county as a regulated area for Karnal bunt, or an affidavit stating that the custom harvester en tered into an agreement to harvest in Archer, Baylor, Throckmorton, or Young County during the 2000–2001 crop season prior to the designation of the county as a regulated area for Karnal bunt, signed by the customer with whom the custom harvester entered into the agreement; a copy of the PPQ– 540 certificate issued to allow the movement of mechanized harvesting equipment from a regulated area after it had been used to harvest host crops that an inspector determined to be in fected with Karnal bunt and had been subsequently cleaned and disinfected; and a receipt showing the cost of the cleaning and disinfection. (ii) Contracts lost due to cleaning and disinfection. Custom harvesters who harvested host crops that an inspector determined to be infected with Karnal bunt and that were grown in Archer, Baylor, Throckmorton, or Young Coun ties, TX, during the 2000–2001 crop sea son are also eligible to be compensated for the revenue lost if they lost one contract due to downtime necessitated by cleaning and disinfection, if the con tract to harvest Karnal bunt-infected host crops in a previously nonregulated area was signed before the area was de clared a regulated area for Karnal bunt. Compensation will only be pro vided for one contract lost due to cleaning and disinfection. Compensa tion for any contract that was lost due to cleaning and disinfection will be ei ther the full value of the contract or $23.48 for each acre that was to have been harvested under the contract, whichever is less. To claim compensa tion, a custom harvester must provide copies of a contract or other signed agreement for harvesting in Archer, Baylor, Throckmorton, or Young Coun ty during the 2000–2001 crop season, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 153 Animal and Plant Health Inspection Service, USDA § 301.89–16 signed on a date prior to the designa tion of the county as a regulated area for Karnal bunt, or an affidavit stating that the custom harvester entered into an agreement to harvest in Archer, Baylor, Throckmorton, or Young Coun ty during the 2000–2001 crop season prior to the designation of the county as a regulated area for Karnal bunt, signed by the customer with whom the custom harvester entered into the agreement; a copy of the PPQ–540 cer tificate issued to allow the movement of mechanized harvesting equipment from a regulated area after it has been used to harvest host crops that an in spector determined to be infected with Karnal bunt and had been subsequently cleaned and disinfected; and the con tract for harvesting in an area not reg ulated for Karnal bunt that had been lost due to time lost to cleaning and disinfecting harvesting equipment, signed on a date prior to the designa tion of the relevant county as a regu lated area for Karnal bunt, for which the custom harvester will receive com pensation, or an affidavit stating that the custom harvester entered into an agreement to harvest in an area not regulated for Karnal bunt prior to the designation of the county as a regu lated area for Karnal bunt and stating the number of acres that were to have been harvested and the amount the custom harvester was to have been paid under the agreement, signed by the customer with whom the custom harvester entered into the agreement. (iii) Fixed costs incurred during clean ing and disinfection. Custom harvesters who harvested host crops that an in spector determined to be infected with Karnal bunt and that were grown in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000– 2001 crop season who do not apply for compensation for a contract lost due to cleaning and disinfection as described in paragraph (d)(1)(ii) of this section are eligible for compensation for fixed costs incurred during cleaning and dis infection. Compensation for fixed costs incurred during cleaning and disinfec tion will be $2,000. To claim compensa tion, a custom harvester must provide copies of a contract or other signed agreement for harvesting in Archer, Baylor, Throckmorton, or Young Coun ty during the 2000–2001 crop season, signed on a date prior to the designa tion of the county as a regulated area for Karnal bunt, or an affidavit stating that the custom harvester entered into an agreement to harvest in Archer, Baylor, Throckmorton, or Young Coun ty during the 2000–2001 crop season prior to the designation of the county as a regulated area for Karnal bunt, signed by the customer with whom the custom harvester entered into the agreement; and a copy of the PPQ–540 certificate issued to allow the move ment of mechanized harvesting equip ment from a regulated area after it has been used to harvest host crops that an inspector determined to be infected with Karnal bunt and has been subse quently cleaned and disinfected. (2) Other equipment; cleaning and dis infection. Owners or lessees of equip ment other than mechanized har vesting equipment and seed condi tioning equipment that came into con tact with host crops that an inspector determined to be infected with Karnal bunt in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000–2001 crop season and that was re quired by an inspector to be cleaned and disinfected are eligible for com pensation for the cost of cleaning and disinfection. Compensation for the cleaning and disinfection of such equip ment will be $100. To receive this com pensation, owners or lessees must sub mit a copy of the PPQ–540 certificate issued to allow the movement of the equipment from a regulated area after it had been in contact with host crops that an inspector determined to be in fected with Karnal bunt and had been subsequently cleaned and disinfected. (Approved by the Office of Management and Budget under control number 0579–0248) [63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July 8, 2004; 70 FR 24302, May 9, 2005] Subpart—Corn Cyst Nematode [Reserved] Subpart—European Larch Canker SOURCE: 49 FR 18992, May 4, 1984, unless otherwise noted. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 154 7 CFR Ch. III (1–1–17 Edition) § 301.91 1 Any properly identified inspector is au thorized to stop and inspect persons and means of conveyance, and to seize, quar antine, 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). QUARANTINE AND REGULATIONS § 301.91 Quarantine and regulations; restrictions on interstate movement of regulated articles. 1 (a) Quarantines and regulations. The secretary of agriculture hereby quar antines the State of Maine in order to prevent the artificial spread of Euro pean larch canker, Lachnellula willkommi (Dasycypha), a dangerous plant disease of trees of the Larix and Pseudolarix species not hereto fore widely prevalent or distributed within and throughout the United States; and hereby establishes regulations gov erning the interstate movement of reg ulated articles specified in § 301.91–2 (b) Restrictions on interstate movement of regulated articles. No common carrier or other person shall move interstate from any regulated area any regulated article except in accordance with the conditions prescribed in this subpart. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001] § 301.91–1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be con strued, respectively, to mean: Certificate. A document which is issued for a regulated article by an in spector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.91–5(a). Compliance agreement. A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the pro visions of this subpart and any condi tions imposed pursuant thereto. Deputy Administrator. The Deputy Ad ministrator of the Animal and Plant Health Inspection Service for Plant Protection and Quarantine, or any offi cer or employee of the Department to whom authority to act in his/her stead has been or may hereafter be delegated. European larch canker. The plant dis ease known as European larch canker, Lachnellula willkommi (Dasycypha), in any stage of development. Infestation. The presence of European larch canker or the existence of cir cumstances that make it reasonable to believe that the European larch canker is present. Inspector. Any employee of Plant Pro tection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Ad ministrator in accordance with law to enforce the provisions of the quar antines and regulations in this subpart. Interstate. From any State into or through any other State. Limited permit. A document which is issued for a regulated article by an in spector or by a person operating under a compliance agreement, and which represents that such regulated article is eligible for interstate movement in accordance with § 301.91–5(b). Moved (movement, move). Shipped, of fered for shipment to a common car rier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved or caused to be moved by any means. ‘‘Movement’’ and ‘‘move’’ shall be construed accordingly. Person. Any individual, partnership, corporation, company, society, associa tion, or other organized group. Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, dele gated responsibility for enforcing pro visions of the Plant Protection Act and related legislation, quarantines, and regulations. Regulated area. Any State, or any portion thereof, listed in § 301.91–3(c) or otherwise designated as a regulated area in accordance with § 301.91–3(b). Regulated article. Any article listed in § 301.91–2(a) or otherwise designated as a regulated article in accordance with § 301.91–2(b). VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 155 Animal and Plant Health Inspection Service, USDA § 301.91–3 State. Each of the several States of the United States, the District of Co lumbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States and all other Ter ritories and Possessions of the United States. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001] § 301.91–2 Regulated articles. The following are regulated articles: (a) Logs, pulpwood, branches, twigs, plants, scion and other propagative material of the Larix or Pseudolarix spp. except seeds; (b) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is deter mined by an inspector that it presents a risk of spread of European larch can ker and the person in possession there of has actual notice that the product, article or means of conveyance is sub ject to the restrictions in the quar antine and regulations. § 301.91–3 Regulated areas. (a) Except as otherwise provided in paragraph (b) of this section, the Dep uty Administrator shall list as a regu lated area in paragraph (c) of this sec tion, the State, or any portion thereof, in which European larch canker has been found by an inspector or in which the Deputy Administrator has reason to believe that European larch canker is present, or any portion of a quar antined State which the Deputy Ad ministrator deems necessary to regu late because of its proximity to a Euro pean larch canker infestation or its in separability for quarantine enforce ment purpose from localities in which European larch canker occurs. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator deter mines that: (1) The State has adopted and is en forcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artifical interstate spread of European larch canker. (b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such area. Written notice of such designation shall be given to the owner or person in possession of such nonregulated area, and, thereafter, the interstate move ment of any regulated article from such area shall be subject to the appli cable provisions of this subpart. As soon as practicable, such area shall be added to the list in paragraph (c) of this section or such designation shall be terminated by the Deputy Adminis trator or an inspector, and notice thereof shall be given to the owner or person in possession of the area. (c) The areas described below are des ignated as regulated areas: MAINE Hancock County. The entire townships of Gouldsboro, Sorrento, Sullivan, T7 SD, T9 SD, T10 SD, and T16 MD, and Winter Harbor. Knox County. The entire townships of Ap pleton, Camden, Cushing, Friendship, Hope, Owls Head, Rockland, Rockport, Saint George, South Thomaston, Thomaston, Union, Warren, and Washington. Lincoln County. The entire townships of Alna, Boothbay, Boothbay Harbor, Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, Nobleboro, Somerville, South Bristol, Southport, Waldoboro, Westport Is land, and Wiscasset. Waldo County. The entire townships of Lincolnville and Searsmont. Washington County. The entire townships of Addison, Baring Plantation, Beals, Beddington, Berry Township, Calais, Cathance Township, Centerville Township, Charlotte, Cherryfield, Columbia, Columbia Falls, Cooper, Cutler, Deblois, Dennysville, East Machias, Eastport, Edmunds Township, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, Marion Township, Marshfield, Meddybemps, Milbridge, Northfield, Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, T18 MD BPP, T19 MD BPP, T24 MD BPP, T25 MD BPP, Trescott Township, Whiting, and Whitneyville. [49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50 FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985; 76 FR 52544, Aug. 23, 2011] VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 156 7 CFR Ch. III (1–1–17 Edition) § 301.91–4 2 Requirements under all other applicable Federal domestic plant quarantines must also be met. 3 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 434 of the Plant Protec tion Act (7 U.S.C. 7714, 7731, and 7754). § 301.91–4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States. 2 Any regulated article may be moved interstate from any regulated area in a quarantined State only if moved under the following conditions: (a) With a certificate or limited per mit issued and attached in accordance with §§ 301.91–5 and 301.91–8 of this sub part; or (b) Without a certificate or limited permit; (1) If moved to a contiguous regu lated area; or (2)(i) If moved directly through (moved without stopping except under normal traffic conditions such as traf fic lights or stop signs) any regulated area in an enclosed vehicle or in an en closed container on a vehicle to pre vent the introduction of European larch canker; (ii) If the article originated outside of any regulated area; and (iii) If the point of origin of any arti cle is clearly indicated by shipping doc uments and its identity has been main tained. § 301.91–5 Issuance and cancellation of certificates and limited permits. (a) A certificate shall be issued by an inspector, except as provided in para graph (c) of this section, for the move ment of a regulated article if such in spector: (1)(i) Determines based on inspection of the premises of origin that the prem ises are free from European larch can ker; or (ii) Determines that it has been grown, processed, stored, or handled in such a manner that the regulated arti cle is free of European larch canker; and (2) Determines that it is to be moved in compliance with any additional con ditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 3 to prevent the spread of European larch canker; and (3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to such arti cle. (b) A limited permit shall be issued by an inspector, except as provided in paragraph (c) of this section, for the movement of a regulated article if such inspector: (1) Determines, in consultation with the Deputy Administrator, that it is to be moved to a specified destination for specified handling, utilization, or proc essing (such destination and other con ditions to be specified on the limited permit), when, upon evaluation of all of the circumstances involved in each case, it is determined that such move ment will not result in the spread of European larch canker because the dis ease will be destroyed by such specified handling, utilization, or processing; (2) Determines that it is to be moved in compliance with any additional con ditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 3 to prevent the spread of European larch canker; and (3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines and regula tions applicable to such article. (c) Certificates and limited permits may be issued by any person engaged in the business of growing, handling, or moving regulated articles provided such person has entered into and is op erating under a compliance agreement. Any such person may execute and issue a certificate or limited permit for the interstate movement of a regulated ar ticle if an inspector has previously made the determination that the arti cle is eligible for a certificate in ac cordance with § 301.91–5(a) or is eligible for a limited permit in accordance with § 301.91–5(b). (d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if such inspector determines that the holder thereof has not complied with any conditions under the regulations VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 157 Animal and Plant Health Inspection Service, USDA § 301.91–8 4 Compliance agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Domestic and Emer gency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in tele phone directories). 5 Inspectors are assigned to local offices of Plant Protection and Quarantine which are listed in telephone directories. Information concerning such local offices may also be ob tained from the Animal and Plant Health In spection Service, Plant Protection and Quar antine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Mary land 20737–1236. for the use of such document. The rea sons for the withdrawal shall be con firmed in writing as promptly as cir cumstances permit. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person re lies to show that the certificate or lim ited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in witing, stating the reasons for such decision, as promptly as circmstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice con cerning such a hearing will be adopted by the Deputy Administrator. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001] § 301.91–6 Compliance agreement and cancellation thereof. (a) Any person engaged in the busi ness of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. 4 The compliance agree ment shall be a written agreement be tween a person engaged in such a busi ness and Plant Protection and Quar antine, wherein the person agrees to comply with the provisions of this sub part and any conditions imposed pursu ant thereto. (b) Any compliance agreement may be cancelled orally or in writing by the inspector who is supervising its en forcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons therefor shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, to the Deputy Administrator within ten (10) days after receiving written notification of the cancella tion. The appeal shall state all of the facts and reasons upon which the per son relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice con cerning such a hearing will be adopted by the Deputy Administrator. [49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994] § 301.91–7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or lim ited permits under § 301.91–5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector 5 to take any nec essary action under this subpart prior to movement of the regulated article. (b) Such articles shall be assembled at such point and in such manner as the inspector designates as necessary to comply with the requirements of this subpart. [49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994] § 301.91–8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit re quired for the interstate movement of a regulated article, at all times during VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 158 7 CFR Ch. III (1–1–17 Edition) § 301.91–9 1 Any properly identified inspector is au thorized to stop and inspect persons and means of conveyance and to seize, quar antine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated or restricted articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). such movement, shall be securely at tached to the outside of the containers containing the regulated article, se curely attached to the article itself if not in a container, or securely at tached to the consignee’s copy of the accompanying waybill or other ship ping document; Provided, however, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee’s copy of the waybill or other shipping docu ments only if the regulated article is sufficiently described on the certifi cate, limited permit, or shipping docu ment to identify such article. (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.91–9 Costs and charges. The services of the inspector shall be furnished without cost, except as pro vided in 7 CFR part 354. The U.S. De partment of Agriculture will not be re sponsible for any costs or charges inci dent to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart—Phytophthora Ramorum SOURCE: 72 FR 8597, Feb. 27, 2007, unless otherwise noted. § 301.92 Restrictions on interstate movement. (a) No person may move interstate from any quarantined area any regu lated, restricted, or associated article or any other nursery stock except in accordance with this subpart. 1 (b) No person may move interstate from any nursery in any regulated area any nursery stock except in accordance with this subpart. (c) No person may move interstate from any quarantined or regulated area any regulated restricted, or associated article or nursery stock that has been tested with a test approved by APHIS and found infected with Phytophthora ramorum, or that is part of a plant that was found infected with Phytophthora ramorum, unless such movement is in accordance with part 330 of this chap ter. § 301.92–1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agri culture. Associated article. Any article listed in § 301.92–2(c). Bark chips. Bark fragments broken or shredded from a log or tree. Certificate. A document, stamp, or im print by which an inspector or person operating under a compliance agree ment affirms that a specified regulated or associated article meets applicable requirements of this subpart and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a per son engaged in growing, processing, handling, or moving regulated or asso ciated articles, wherein the person agrees to comply with this subpart. Duff. Decaying plant matter that in cludes leaf litter, green waste, stem material, bark, and any other plant material that, upon visual inspection, does not appear to have completely de composed. Firewood. Wood that has been cut, sawn, or chopped into a shape and size commonly used for fuel, or other wood intended for fuel. Forest stock. All flowers, trees, shrubs, vines, scions, buds, or other plants that are wild-grown, backyard grown, or naturally occurring. From. An article is considered to be ‘‘from’’ a specific site or location for the purposes of this subpart if it was grown or propagated in, stored or sold, or distributed from the site or location. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 159 Animal and Plant Health Inspection Service, USDA § 301.92–2 2 Bulbs, tubers, corms, or rhizomes are only considered nursery stock (and therefore, reg ulated under this subpart) if they are of plant taxa listed in § 301.92–2 as regulated ar ticles or associated articles. 3 Bark chips or mulch of species listed in paragraph (d) of this section and that are marked with an asterisk (*) are not re stricted articles. Growing media. Any material in which plant roots are growing or in tended for that purpose. Inspector. Any employee of APHIS, the U.S. Department of Agriculture, or other person authorized by the Admin istrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Log. The bole of a tree; trimmed tim ber that has not been sawn further than to form cants. Lot. A contiguous block of plants of the same species or cultivar, of the same container size and from the same source, if known. Lumber. Logs that have been sawn into boards, planks, or structural mem bers such as beams. Moved (move, movement). Shipped, of fered for shipment, received for trans portation, transported, carried, or al lowed to be moved, shipped, trans ported, or carried. Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a mixture thereof, that could be used as a protec tive or decorative ground cover or as part of a growing media mixture. Non-host nursery stock. Any taxa of nursery stock not listed in § 301.92–2 as a regulated or associated article. Nursery. Any location where nursery stock is grown, propagated, stored, or sold, or any location from which nurs ery stock is distributed. Locations that grow trees for sale without roots (e.g., as Christmas trees) are considered to be nurseries for the purposes of this subpart. Nursery stock. All plants for planting, including houseplants, propagative ma terial that is grown in a nursery, and tree seedlings for reforestation, except the following: Seeds; turf or sod; bulbs, tubers, corms, or rhizomes; 2 green house grown cactus, succulents, and or chids; aquarium grown aquatic plants; greenhouse, container, or field grown palms; greenhouse, container, or field grown cycads, and tissue culture plants grown in vitro; and plants meeting the definition of forest stock. Permit. A written authorization issued by APHIS to allow the inter state movement of restricted articles in accordance with part 330 of this chapter. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine. The Plant Protection and Quarantine pro gram of the Animal and Plant Health Inspection Service, United States De partment of Agriculture. Quarantined area. Any State, or any portion of a State, listed in § 301.92– 3(a)(3) of this subpart or otherwise des ignated as a quarantined area in ac cordance with § 301.92–3(a)(2) of this subpart. Regulated area. Any area listed in § 301.92–3(b) of this subpart. Regulated article. Any article listed in § 301.92–2(b) of this subpart. Restricted article. Any article listed in § 301.92–2(a) of this subpart. Soil. The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 301.92–2 Restricted, regulated, and associated articles; lists of proven hosts and associated plant taxa. (a) Restricted articles. The following are restricted articles: (1) Bark chips or mulch 3 located in a quarantined area and that are proven host plant taxa listed in paragraph (d) of this section. (2) Forest stock located or grown in a quarantined area and that are proven host plant taxa or associated plant taxa listed in paragraph (d) or (e) of this section. (3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum, if an inspector notifies the VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 160 7 CFR Ch. III (1–1–17 Edition) § 301.92–2 4 Firewood, logs, and lumber of species list ed in paragraph (d) of this section and that are marked with an asterisk (*) are not regu lated articles. person in possession of the product or article that it is a restricted article. (b) Regulated articles. The following are regulated articles: (1) Nursery stock, decorative trees without roots, unprocessed wood and wood products, and plant products, in cluding firewood, logs, lumber, 4 wreaths, garlands, and greenery of proven host plant taxa listed in para graph (d) of this section. (2) Soil and growing media. (3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum if an inspector notifies the person in possession of the product or article that it is subject to the restrictions in the regulations. (c) Associated articles. The following are associated articles: Nursery stock of associated plant taxa listed in para graph (e) of this section. (d) Proven host plant taxa. The fol lowing are proven hosts of Phytophthora ramorum: *Acer macrophyllum Bigleaf maple Acer pseudoplatanus Planetree maple *Adiantum aleuticum Western maidenhair fern *Adiantum jordanii California maidenhair fern *Aesculus californica California buckeye Aesculus hippocastanum horse chestnut *Arbutus menziesii Madrone *Arctostaphylos manzanita Manzanita *Calluna vulgaris Scotch heather *Camellia spp. Camellia—all species, hybrids and cultivars *Castanea sativa Sweet chestnut Fagus sylvatica European beech *Frangula californica (≡Rhamnus californica) California coffeeberry *Frangula purshiana (≡Rhamnus purshiana) Cascara Fraxinus excelsior European ash *Griselinia littoralis Griselinia *Hamamelis virginiana Witch hazel *Heteromeles arbutifolia Toyon *Kalmia spp. Kalmia—includes all species, hybrids, and cultivars *Laurus nobilis Bay laurel Lithocarpus densiflorus Tanoak *Lonicera hispidula California honeysuckle *Maianthemum racemosum (=Smilacina racemosa) False Solomon’s seal *Michelia doltsopa Michelia *Parrotia persica Persian ironwood *Photinia fraseri Red tip photinia *Pieris spp. Pieris—includes all species, hy brids, and cultivars *Pseudotsuga menziesii var. menziesii and all nursery-grown P. menziesii Douglas fir Quercus agrifolia Coast live oak Quercus cerris European turkey oak Quercus chrysolepis Canyon live oak Quercus falcata Southern red oak *Quercus ilex Holm oak Quercus kelloggii California black oak Quercus parvula var. shrevei and all nursery grown Q. parvula Shreve’s oak *Rhododendron spp. Rhododendron (including azalea)—includes all species, hybrids, and cultivars *Rosa gymnocarpa Wood rose *Salix caprea Goat willow *Sequoia sempervirens Coast redwood *Syringa vulgaris Lilac *Taxus baccata European yew *Trientalis latifolia Western starflower *Umbellularia californica California bay lau rel, pepperwood, Oregon myrtle *Vaccinium ovatum Evergreen huckleberry *Viburnum spp. Viburnum-all species, hy brids, and cultivars (e) Associated plant taxa. The fol lowing plant taxa are considered to be associated with Phytophthora ramorum: Abies concolor White fir Abies grandis Grand fir Abies magnifica Red fir Acer circinatum Vine maple Acer davidii Striped bark maple Acer laevigatum Evergreen maple Arbutus unedo Strawberry tree Arctostaphylos columbiana Manzanita Arctostaphylos uva-ursi Kinnikinnick, bearberry Ardisia japonica Ardisia Calycanthus occidentalis Spicebush Castanopsis orthacantha Castanopsis Ceanothus thyrsiflorus Blueblossom Cinnamomum camphora Camphor tree Clintonia andrewsiana Andrew’s clintonia bead lily Cornus kousa × Cornus capitata Cornus Nor man Haddon Corylus cornuta California hazelnut Distylium myricoides Myrtle-leafed distylium Drimys winteri Winter’s bark Dryopteris arguta California wood fern Eucalyptus haemastoma Scribbly gum Euonymus kiautschovicus Spreading euonymus Fraxinus latifolia Oregon ash Gaultheria shallon Salal, Oregon wintergreen Hamamelis mollis Chinese witch-hazel Hamamelis × intermedia (H. mollis & H. japon ica) Hybrid witchhazel Ilex purpurea Oriental holly Leucothoe axillaris Fetter-bush, dog hobble Leucothoe fontanesiana Drooping leucothoe Loropetalum chinense Lorapetalum VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 161 Animal and Plant Health Inspection Service, USDA § 301.92–3 Magnolia grandiflora Southern magnolia Magnolia stellata Star magnolia Magnolia × loebneri Loebner magnolia Magnolia × soulangeana Saucer magnolia Manglietia insignis Red lotus tree Michelia maudiae Michelia Michelia wilsonii Michelia Nerium oleander Oleander Nothofagus obliqua Roble beech Osmanthus decorus (≡Phillyrea decora; ≡P. vilmoriniana) Osmanthus Osmanthus delavayi Delavay Osmanthus, Delavay tea olive Osmanthus fragrans Sweet olive Osmanthus heterophyllus Holly olive Osmorhiza berteroi Sweet Cicely Parakmeria lotungensis Eastern joy lotus tree Pittosporum undulatum Victorian box Prunus laurocerasus English laurel, cherry laurel Prunus lusitanica Portuguese laurel cherry Pyracantha koidzumii Formosa firethorn Quercus acuta Japanese evergreen oak Quercus petraea Sessile oak Quercus rubra Northern red oak Rosa (specific cultivars) Royal Bonica (tagged: ‘‘MEImodac’’) Pink Meidiland (tagged: ‘‘MEIpoque’’) Pink Sevillana (tagged: ‘‘MEIgeroka’’) Rosa rugosa Rugosa rose Rubus spectabilis Salmonberry Schima wallichii Chinese guger tree Taxus brevifolia Pacific yew Taxus × media Yew Torreya californica California nutmeg Toxicodendron diversilobum Poison oak Vancouveria planipetala Redwood ivy § 301.92–3 Quarantined and regulated areas. (a) Quarantined areas. (1) Except as otherwise provided in paragraph (a)(2) of this section, the Administrator will list as a quarantined area in paragraph (a)(3) of this section each State, or each portion of a State, in which Phytophthora ramorum has been con firmed by an inspector to be estab lished 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 nec essary to quarantine because of its in separability for quarantine enforce ment purposes from localities in which Phytophthora ramorum has been found in the natural environment. Less than an entire State will be designated as a quarantined area only if the Adminis trator determines that: (i) The State has adopted and is en forcing restrictions on the intrastate movement of the regulated, restricted, and associated articles that are sub stantially the same as those imposed by this subpart on the interstate move ment of regulated, restricted, and asso ciated 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 non quarantined area in a State as a quar antined area in accordance with para graph (a)(1) of this section. The Admin istrator will give a copy of this regula tion along with a written notice for the temporary designation to the owner or person in possession of the nonquar antined area. Thereafter, the interstate movement of any regulated, restricted, or associated article from an area tem porarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (a)(3) of this section or the designation will be terminated by the Administrator or an inspector. The owner or person in pos session of an area for which designa tion is terminated will be given notice of the termination as soon as prac ticable. (3) The following areas are designated as quarantined areas: CALIFORNIA Alameda County. The entire county. Contra Costa County. The entire county. Humboldt County. The entire county. Lake County. The entire county. Marin County. The entire county. Mendocino County. The entire county. Monterey County. The entire county. Napa County. The entire county. San Francisco County. The entire county. San Mateo County. The entire county. Santa Clara County. The entire county. Santa Cruz County. The entire county. Solano County. The entire county. Sonoma County. The entire county. OREGON Curry County. That portion of the county as follows: In T. 39 S., R. 13 W., secs. 32, 33, and 34; T. 40 S., R. 13 W., secs. 3, 4, 5, 8, 9, 10, southeast quarter of sec. 11, southwest quar ter of sec. 12, northwest quarter of sec. 13, northeast quarter of secs. 14, 15, 16, and 17, east half of sec. 18, east half of secs. 19, 20, 21, 22, 28, and 29, northeast quarter of secs. 30, 32, 33, and 34; T. 40 S., R. 14 W., southeast quarter of sec. 23, southwest quarter of sec. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 162 7 CFR Ch. III (1–1–17 Edition) § 301.92–4 5 Requirements under all other applicable Federal domestic plant quarantines and reg ulations must also be met. 6 See footnote 4 of this subpart. 24, northwest quarter of sec. 25, and the northeast quarter of sec. 26. (b) Regulated areas. The following areas are designated as regulated areas: CALIFORNIA All counties in the State not listed in para graph (a) of this section as quarantined areas. OREGON All areas in the State not listed in para graph (a) of this section as quarantined areas. WASHINGTON The entire State. § 301.92–4 Conditions governing the interstate movement of regulated, restricted, and associated articles, and non-host nursery stock from quarantined and regulated areas. (a) Interstate movement of regulated and associated articles from quarantined areas. Regulated and associated arti cles may be moved interstate from a quarantined area 5 only in accordance with this subpart. (1) With a certificate. Any regulated or associated article may be moved inter state from a quarantined area if ac companied by a certificate issued and attached in accordance with §§ 301.92–5 and 301.92–8, and provided that the reg ulated or associated article is moved through the quarantined area without stopping except for refueling, rest stops, emergency repairs, and for traf fic conditions, such as traffic lights or stop signs. (2) Without a certificate. (i) The regu lated or associated article originated outside the quarantined area and the point of origin of the article is indi cated on the waybill of the vehicle transporting the article; and (ii) The regulated or associated arti cle is moved from outside the quar antined area through the quarantined area without stopping except for re fueling or for traffic conditions, such as traffic lights or stop signs, and the article is not unpacked or unloaded in the quarantined area. (b) Interstate movement of restricted ar ticles from quarantined areas. Restricted articles may be moved interstate from a quarantined area 6 only in accordance with this section. (1) With a permit. Any restricted arti cle may be moved interstate from a quarantined area only if the article is moved pursuant to a permit issued by the Administrator in accordance with part 330 of this chapter. (2) Without a permit. (i) The restricted article originated outside the quar antined area and the point of origin of the article is indicated on the waybill of the vehicle transporting the article; and (ii) The restricted article is moved from outside the quarantined area through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs, and the article is not un packed or unloaded in the quarantined area. (c) Interstate movement of nursery stock from nurseries in quarantined areas—(1) Regulated articles of nursery stock and associated articles. Regulated articles of nursery stock and associated articles may only be moved interstate from nurseries in quarantined areas in ac cordance with paragraph (a) of this sec tion. (2) Non-host nursery stock. Any nurs ery stock of a taxon not listed in § 301.92–2 as a regulated or associated article may only be moved interstate from nurseries in quarantined areas as follows: (i) With a certificate. If the non-host nursery stock originates from a nurs ery in a quarantined area that contains regulated or associated articles, the nursery stock must be accompanied by a certificate issued and attached in ac cordance with §§ 301.92–5 and 301.92–8, and be moved through the quarantined area without stopping except for re fueling, rest stops, emergency repairs, and for traffic conditions, such as traf fic lights or stop signs. (ii) Without a certificate. If the non host nursery stock originates from a nursery in a quarantined area that does not contain regulated or associ ated articles, the nursery stock may be VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 163 Animal and Plant Health Inspection Service, USDA § 301.92–5 7 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 require ments of § 301.92–5(a)(1)(iii). 8 Services of an inspector may be requested by contacting local offices of Plant Protec tion and Quarantine, which are listed in tele phone directories. The addresses and tele phone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Invasive Species and Pest Man agement, 4700 River Road Unit 160, River dale, MD 20737, or the APHIS Web site at http://www.aphis.usda.gov/ppq/sphd/. 9 Paragraph (d)(2)(ii) of § 301.92–4 allows the interstate movement of non-host nursery stock without a certificate under certain conditions. 10 Firewood, logs, lumber of species listed in 301.92–2(d) and marked with an asterisk are not regulated articles, as noted in § 301.92–2(b)(1). moved interstate without a certificate, provided that: (A) The nursery from which plants originate has been inspected and found free of evidence of Phytophthora ramorum in accordance with § 301.92– 11(b)(3), and (B) The nursery stock is not rooted in soil or growing media. 7 (d) Interstate movement of nursery stock from nurseries in regulated areas—(1) Regulated and associated articles of nurs ery stock. Regulated articles of nursery stock and associated articles may only be moved interstate from nurseries in regulated areas if accompanied by a certificate issued and attached in ac cordance with §§ 301.92–5 and 301.92–8, and provided that, if moved through a quarantined area en route to another State, the regulated articles of nursery stock or associated articles are moved through the quarantined area without stopping except for refueling, rest stops, emergency repairs, and for traf fic conditions, such as traffic lights or stop signs. (2) Non-host nursery stock. Any nurs ery stock of a taxon not listed in § 301.92–2 as a regulated or associated article may only be moved interstate from nurseries in regulated areas as follows: (i) With a certificate. If non-host nurs ery stock originates from a nursery in a regulated area that contains regu lated or associated articles, the nurs ery stock must be accompanied by a certificate issued and attached in ac cordance with §§ 301.92–5 and 301.92–8, and provided that, if moved through a quarantined area en route to another State, the nursery stock is moved through the quarantined area without stopping except for refueling, rest stops, emergency repairs, and for traf fic conditions, such as traffic lights or stop signs. (ii) Without a certificate. If non-host nursery stock originates from a nurs ery in a regulated area that does not contain regulated or associated arti cles, the nursery stock may be moved interstate without a certificate, pro vided that the nursery from which plants originate has been inspected and found free of evidence of Phytophthora ramorum in accordance with § 301.92– 11(d)(3). § 301.92–5 Issuance and cancellation of certificates. (a) Movements from quarantined areas. (1) An inspector 8 may issue a certifi cate for the interstate movement of regulated articles, associated articles, or non-host nursery stock 9 from a quarantined area if the inspector deter mines that: (i) The regulated articles have been treated under the direction of an in spector in accordance with part 305 of this chapter; or (ii) The regulated articles are wood products such as firewood, logs, or lum ber that are free of bark; 10 or (iii) The regulated article is soil or growing media that has not been in di rect physical contact with any article infected with Phytophthora ramorum, and from which all duff has been re moved; or (iv) The articles are nursery stock or regulated articles of decorative trees without roots, wreaths, garlands, or greenery that: (A) Are shipped from a nursery in a quarantined area that has been in spected in accordance with the inspec tion and sampling protocol described in § 301.92–11(a)(1), and the nursery is free of evidence of Phytophthora ramorum infestation; and (B) Are part of a shipment of nursery stock, decorative trees without roots, VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 164 7 CFR Ch. III (1–1–17 Edition) § 301.92–5 11 Sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) provide that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to destroy or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is in fested with a plant pest at the time of move ment. 12 See footnote 7 of this subpart. 13 Paragraph (d)(2)(ii) of § 301.92–4 allows the interstate movement of non-host nursery stock without a certificate under certain conditions. 14 See footnote 7 of this subpart. wreaths, garlands, or greenery that has been inspected prior to interstate movement in accordance with § 301.92– 11(a)(2), and the regulated articles in the shipment are free of evidence of Phytophthora ramorum infection; and (C) Have been kept separate from reg ulated and associated articles and non host nursery stock not inspected be tween the time of the inspection and the time of interstate movement; and (D) Have not been grown in, or moved from, other areas within a quarantined area except nurseries that are annually inspected for Phytophthora ramorum in accordance with § 301.92–11 and that have been found free of evidence of Phytophthora ramorum infestation, ex cept that certified nurseries which re ceive articles from a non-certified nursery in a quarantined or regulated area may continue to ship other plants interstate, provided that the uncertified plants are safeguarded, seg regated, and withheld from interstate movement until the plants are in spected and tested and found free of evidence of Phytophthora ramorum. (v) The regulated or associated arti cle or non-host nursery stock is to be moved in compliance with any addi tional emergency conditions the Ad ministrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 11 to prevent the spread of Phytophthora ramorum; and (vi) The regulated or associated arti cle or non-host nursery stock is eligi ble for unrestricted movement under all other Federal domestic plant quar antines and regulations applicable to the regulated or associated article. (2) [Reserved] (b) Movements from regulated areas. (1) An inspector 12 may issue a certificate for the interstate movement of regu lated articles of nursery stock, associ ated articles, or non-host nursery stock 13 from a nursery in a regulated area if an inspector determines that: (i) The nursery from which the nurs ery stock originates has been inspected in accordance with § 301.92–11(c) and found free of evidence of Phytophthora ramorum infestation; and (ii) All nursery stock in the nursery have not been grown in, or moved from, nurseries except those that have been inspected for Phytophthora ramorum in accordance with § 301.92–11(c) and that have been found free of evidence of Phytophthora ramorum infestation, ex cept that certified nurseries which re ceive articles from a non-certified nursery in a quarantined or regulated area may continue to ship other plants interstate, provided that the uncertified plants are safeguarded, seg regated, and withheld from interstate movement until the plants are in spected and tested and found free of evidence of Phytophthora ramorum; and (iii) The nursery stock is to be moved in compliance with any additional emergency conditions the Adminis trator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 14 to prevent the spread of Phytophthora ramorum; and (iv) The nursery stock is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the nurs ery stock. (2) [Reserved] (c) Certificates issued under para graphs (a) and (b) of this section may be issued by any person engaged in the business of growing, processing, han dling, or moving regulated or associ ated articles or nursery stock provided such person has entered into and is op erating under a compliance agreement in accordance with § 301.92–6. Any such person may execute and issue a certifi cate for the interstate movement of regulated or associated articles or nursery stock if an inspector has pre viously made the determination that the article is eligible for a certificate VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 165 Animal and Plant Health Inspection Service, USDA § 301.92–8 15 Compliance agreement forms are avail able without charge from the Animal and Plant Health Inspection Service, Plant Pro tection and Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 160, Riverdale, MD 20737–1236, and from local of fices of the Plant Protection and Quarantine, which are listed in telephone directories. Forms are also available on the Internet at http://www.aphis.usda.gov/ppq/ispm/pramorum/ resources.html. 16 See footnote 7 of this subpart. in accordance with any applicable sec tion of this subpart. (d) Any certificate that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate has not complied with all conditions in this subpart for the use of the certificate. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate has been withdrawn may appeal the deci sion in writing to the Administrator within 10 days after receiving the writ ten notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate was wrong fully withdrawn. As promptly as cir cumstances allow, the Administrator will grant or deny the appeal, in writ ing, stating the reasons for the deci sion. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579–0310 and 0579–0088) [72 FR 8597, Feb. 27, 2007, as amended at 75 FR 4241, Jan. 26, 2010] § 301.92–6 Compliance agreements and cancellation. (a) Any person engaged in growing, processing, handling, or moving regu lated articles, associated articles, or non-host nursery stock may enter into a compliance agreement when an in spector determines that the person un derstands this subpart, agrees to com ply with its provisions, and agrees to comply with all the provisions con tained in the compliance agreement. 15 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancella tion and the reasons for the cancella tion will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the deci sion, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compli ance agreement was wrongfully can celed. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579–0310) § 301.92–7 Availability of inspectors; assembly for inspection. (a) Any person (other than a person authorized to issue certificates under § 301.92–5(c)) who desires to move a reg ulated or associated article or non-host nursery stock interstate accompanied by a certificate must notify an inspec tor 16 as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired time of inspection. (b) The regulated or associated arti cle or non-host nursery stock must be assembled at the place and in the man ner the inspector designates as nec essary to comply with this subpart. § 301.92–8 Attachment and disposition of certificates and recordkeeping. (a) A certificate required for the interstate movement of a regulated ar ticle, associated article, or non-host nursery stock must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated ar ticle, associated article, or non-host nursery stock; or VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 166 7 CFR Ch. III (1–1–17 Edition) § 301.92–9 (2) Attached to the regulated article, associated article, or non-host nursery stock itself if not in a container; or (3) Attached to the consignee’s copy of the accompanying waybill. If the certificate is attached to the con signee’s copy of the waybill, the regu lated article, associated article, or non-host nursery stock must be suffi ciently described on the certificate and on the waybill to identify the regulated article, associated article, or non-host nursery stock. (b) The certificate for the interstate movement of a regulated article, asso ciated article, or non-host nursery stock must be furnished by the carrier to the consignee listed on the certifi cate upon arrival at the location pro vided on the certificate. (c) All nurseries that are operating under compliance agreements must maintain records of all incoming ship ments of plants for a minimum of 24 months and must make them available to inspectors upon request. In addition, all nurseries that are operating under compliance agreements, except retail dealers, must maintain records of out going shipments for a minimum of 24 months and must make them available to inspectors upon request. (Approved by the Office of Management and Budget under control numbers 0579–0088 and 0579–0310) § 301.92–9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from in spection and other services provided outside normal business hours. § 301.92–10 [Reserved] § 301.92–11 Inspection and sampling protocols. Type(s) of plants in the nursery Type(s) of plants shipped inter-state Inspection and certification protocol Origin: Quarantined areas Origin: Regulated areas Regulated articles only ................ None ............................................. Not regulated ................... Not regulated. Regulated articles only ................ Regulated articles ......................... § 301.92–11(a) ................. § 301.92–11(c). Associated articles only .............. None ............................................. Not regulated ................... Not regulated. Associated articles only .............. Associated articles ........................ § 301.92–11(a) ................. § 301.92–11(c). Regulated and associated arti cles only. Regulated or associated articles, or both. § 301.92–11(a) ................. § 301.92–11(c). Regulated and associated arti cles and non-hosts. None ............................................. Not regulated ................... Not regulated. Regulated and associated arti cles and non-hosts. Regulated or associated articles, or both. § 301.92–11(a) ................. § 301.92–11(c). Regulated and associated arti cles and non-hosts. Non-hosts only .............................. § 301.92–11(a) ................. § 301.92–11(c). Non-hosts only ............................ None ............................................. Not regulated ................... Not regulated. Non-hosts only ............................ Non-hosts ..................................... § 301.92–11(b) ................. § 301.92–11(d). Decorative trees without roots (e.g., Christmas trees). Proven host plant taxa ................. § 301.92–11(a) ................. Not regulated. Decorative trees without roots (e.g., Christmas trees). Associated plant taxa ................... Not regulated ................... Not regulated. (a) Nurseries in quarantined areas ship ping regulated articles of nursery stock and associated articles interstate. To meet the requirements of § 301.92– 5(a)(1)(iv), nurseries located in quar antined areas and that move regulated articles of nursery stock, decorative trees without roots, wreaths, garlands, or greenery, associated articles, or non-host nursery stock interstate must meet the requirements in this section. Nurseries in quarantined areas that do not meet the requirements of this sec tion are prohibited from moving regu lated articles and associated articles interstate. Nurseries in quarantined areas that do not meet the require ments of this section or paragraph (b) of this section are prohibited from moving non-host nursery stock inter state. (1) Annual inspection, sampling, and testing—(i) Inspection. The nursery VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 167 Animal and Plant Health Inspection Service, USDA § 301.92–11 17 Persons operating under compliance agreements are eligible to issue certificates for the interstate movement of regulated and associated articles, but only inspectors are authorized to conduct nursery inspections required under the regulations. 18 See footnote 14 of this subpart. 19 See footnote 7 of this subpart. 20 In addition, to be eligible for interstate movement, non-host nursery stock that is rooted in soil or growing media requires cer tification that the soil or growing media meets the requirements of § 301.92–5(a)(1)(iii). must be inspected annually for symp toms of Phytophthora ramorum by an in spector. 17 Inspectors will visually in spect for symptomatic plants through out the nursery, and inspection will focus on, but not be limited to, regu lated articles and associated articles. (ii) Sampling. A minimum of 40 plant samples must be tested per nursery lo cation. Samples must be taken from all symptomatic plants if symptomatic plants are present. If fewer than 40 symptomatic plants are present, each symptomatic plant must be sampled and the remainder of the 40 sample minimum must be taken from asymp tomatic plants. If no symptomatic plants are present, 40 asymptomatic plants must be sampled; biased toward proven hosts. Each sample may contain more than one leaf, and may come from more than one plant, but all plants in the sample must be from the same lot. Asymptomatic samples, if collected, must be taken from regu lated and associated articles and near by plants. Inspectors must conduct in spections at times when the best ex pression of symptoms is anticipated and must take nursery fungicide pro grams into consideration. Nursery owners must keep records of fungicide applications for 2 years and must make them available to inspectors upon re quest. (iii) Testing. Samples must be labeled and sent for testing to a laboratory ap proved by APHIS and must be tested using a test method approved by APHIS, in accordance with § 301.92–12. (iv) Annual certification. If all plant samples tested in accordance with this section and § 301.92–12 return negative results for Phytophthora ramorum, an inspector may certify that the nursery is free of evidence of Phytophthora ramorum infestation at the time of in spection, and the nursery will be eligi ble to enter into a compliance agree ment in accordance with § 301.92–6. 18 (2) Pre-shipment inspection, sampling, and testing—(i) Inspection. During the 30 days prior to interstate movement from a nursery in a quarantined area, regulated articles or associated arti cles intended for interstate movement must be inspected for symptoms of Phytophthora ramorum by an inspec tor. 19 Inspection will focus on, but not be limited to, regulated articles and as sociated articles. No inspections of shipments will be conducted unless the nursery from which the shipment origi nates has a current and valid annual certification in accordance with para graph (a)(1)(iv) of this section. (A) If no symptomatic plants are found upon inspection, the shipment may be considered free of evidence of Phytophthora ramorum infection and is eligible for interstate movement, pro vided that the nursery is operating under a compliance agreement with APHIS in accordance with § 301.92–6. (B) If symptomatic plants are found upon inspection, the inspector will col lect at least one sample per sympto matic plant, and one sample per regu lated article or associated article that is in close proximity to, or that has had physical contact with, a sympto matic plant. (ii) Testing and withholding from inter state movement. Samples taken in ac cordance with paragraph (a)(2)(i)(B) of this section must be labeled and sent for testing to a laboratory approved by APHIS and must be tested using a test method approved by APHIS, in accord ance with § 301.92–12. The interstate movement of plants in the shipment is prohibited until the plants in the ship ment are determined to be free of evi dence of Phytophthora ramorum infec tion in accordance with § 301.92–12. (b) Nurseries in quarantined areas ship ping non-host nursery stock interstate. Nurseries located in quarantined areas and that move non-host nursery stock interstate must meet the requirements of this paragraph or the requirements of paragraph (a) of this section. 20 If such nurseries contain any regulated or associated articles, the nursery VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 168 7 CFR Ch. III (1–1–17 Edition) § 301.92–11 21 See footnote 7 of this subpart. must meet the requirements of para graph (a). This paragraph (b) only ap plies if there are no regulated or asso ciated articles of nursery stock in the nursery. Nurseries that do not meet the requirements of paragraphs (a) or (b) of this section are prohibited from moving non-host nursery stock inter state. (1) Annual visual inspection. The nurs ery must be visually inspected annu ally for symptoms of Phytophthora ramorum. Inspections and determina tions of freedom from evidence of Phytophthora ramorum infestation must occur at the time when the best expres sion of symptoms is anticipated. (2) Sampling. All plants showing symptoms of infection with Phytophthora ramorum upon inspection will be sampled and tested in accord ance with § 301.92–12. If symptomatic plants are found upon inspection, the following plants must be withheld from interstate shipment until testing is completed and the nursery is found free of evidence of Phytophthora ramorum in accordance with this paragraph (b)(3) of this section and § 301.92–12: All symp tomatic plants, any plants located in the same lot as the suspect plant, and any plants located within 2 meters of this lot of plants. (3) Certification. If all plant samples tested in accordance with this section and § 301.92–12 return negative results for Phytophthora ramorum, or if an in spector determines that plants in a nursery exhibit no signs of infection with Phytophthora ramorum, the inspec tor may certify that the nursery is free of evidence of Phytophthora ramorum infestation at the time of inspection. Certification is valid for 1 year and must be renewed each year to continue shipping plants interstate. (c) Nurseries in regulated areas ship ping regulated articles of nursery stock or associated articles interstate. To meet the conditions of § 301.92–5(b), any nurs ery that is located in a regulated area and contains regulated articles of nurs ery stock or associated articles, and ships any nursery stock interstate must meet the following requirements: (1) Annual inspection. The nursery must be inspected annually for symp toms of Phytophthora ramorum by an in spector. 21 Inspection will focus on, but not be limited to, regulated articles of nursery stock and associated articles. (2) Sampling. Samples must be taken from all symptomatic plants. If fewer than 40 symptomatic plants are present, each symptomatic plant must be sampled and additional samples must be taken from asymptomatic plants so that the minimum number of plants sampled is 40. If no symptomatic plants are present, 40 asymptomatic plants must be sampled. Each sample may contain more than one leaf, and may come from more than one plant, but all plants in the sample must be from the same lot. If samples are col lected from asymptomatic plants, the samples must be taken from regulated and associated articles and nearby plants. Inspectors must conduct inspec tions at times when the best expression of symptoms is anticipated and must take nursery fungicide programs into consideration. Nursery owners must keep records of fungicide applications for 2 years and must make them avail able to inspectors upon request. (3) Annual certification. If all plant samples tested in accordance with this section and § 301.92–12 return negative results for Phytophthora ramorum, the inspector may certify that the nursery is free of evidence of Phytophthora ramorum infestation at the time of in spection. Nurseries in a regulated area must have current and valid certifi cation to ship regulated articles of nursery stock and associated articles interstate. If annual certification ex pires prior to reinspection, all plants in the nursery are prohibited interstate movement until the nursery is in spected, tested, and re-certified in ac cordance with this section and § 301.92– 12. (d) Nurseries in regulated areas ship ping non-host nursery stock interstate. Nurseries located in regulated areas and that move non-host nursery stock interstate must meet the requirements in this paragraph or the requirements of paragraph (c) of this section. If such nurseries contain any regulated or as sociated articles, the nursery must meet the requirements of paragraph (c). This paragraph (d) only applies if VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 169 Animal and Plant Health Inspection Service, USDA § 301.92–12 there are no regulated or associated ar ticles in the nursery. Nurseries that do not meet the requirements of para graphs (c) or (d) of this section are pro hibited from moving non-host nursery stock interstate. (1) Annual visual inspection. The nurs ery must be visually inspected annu ally for symptoms of Phytophthora ramorum. Inspections and determina tions of apparent pest freedom for such nurseries must occur at the time when the best expression of symptoms is an ticipated. (2) Sampling. All plants showing symptoms infection with Phytophthora ramorum upon inspection will be sam pled and tested in accordance with § 301.92–12. If symptomatic plants are found upon inspection, the following plants must be withheld from inter state shipment until testing is com pleted and the nursery is found free of evidence of Phytophthora ramorum in accordance with § 301.92–12: All sympto matic plants, any plants located in the same lot as the symptomatic plant, and any plants located within 2 meters of that lot of plants. (3) Certification. If all plant samples tested in accordance with this section and § 301.92–12 return negative results for Phytophthora ramorum, or if an in spector determines that plants in the nursery exhibit no signs of infection with Phytophthora ramorum, the inspec tor may certify that the nursery is free of evidence of Phytophthora ramorum infestation at the time of inspection. Certification is valid for 1 year and must be renewed each year to continue shipping plants interstate. (e) Additions to the lists of proven hosts and associated plants. In the event that APHIS informs a nursery owner that additional proven hosts or associated plants exist, but those taxa are not yet listed in this subpart, the following provisions apply: (1) Nurseries operating under a com pliance agreement in accordance with § 301.92–6 may continue to ship plants interstate in accordance with this sub part. (2) Nurseries that had not previously contained any regulated or associated articles, and that had been inspected in accordance with § 301.92–11(b)(3) and al lowed to ship plants interstate without certificate, but that contain a newly identified proven host or associated plant must cease interstate shipments of regulated articles and associated hosts until the nursery is reinspected and found free of evidence of Phytophthora ramorum in accordance with § 301.92–11. Nurseries that come under regulation during winter dor mancy periods and that are not able to be inspected in accordance with § 301.92–11 prior to desired shipments of non-host nursery stock may be allowed to ship non-host nursery stock inter state at the discretion of an inspector. (Approved by the Office of Management and Budget under control number 0579–0310) § 301.92–12 Testing protocols. Samples must be analyzed using a methodology approved by APHIS at a laboratory approved by APHIS. The following methodology is approved by APHIS. (a) Optional ELISA Prescreening. An APHIS-approved ELISA may be used to prescreen plant samples to determine the presence of Phytophthora spp. (1) Negative prescreening results. If all samples from a single nursery are found to be negative through APHIS approved ELISA prescreening, no fur ther testing is required. The nursery may be considered free of evidence of Phytophthora ramorum, and plants in the nursery are eligible for interstate movement under certificate in accord ance with § 301.92–5. (2) Positive prescreening results. If ELISA prescreening reveals the pres ence of Phytophthora spp. in any plants, each sample that returns positive ELISA results must be tested as pro vided in paragraph (b) of this section. (b) Mandatory testing procedures. If ELISA prescreening is not performed, or if results of ELISA prescreening are positive for Phytophthora spp. in any sample, the sample must be analyzed using an APHIS-approved test. Sam ples will be considered positive for Phytophthora ramorum based on posi tive results of any approved test. Posi tive PCR or other molecular tests do not require confirmatory culture tests, nor do positive culture tests require confirmatory PCR or other molecular tests; however, if culture tests return other than positive results, an APHIS VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R 170 7 CFR Ch. III (1–1–17 Edition) Pt. 302 approved PCR or other molecular test must be conducted, as provided in para graph (b)(1) of this section. (1) PCR or other molecular tests—(i) Negative results. If the results of PCR or other molecular tests are negative for all samples in a nursery, no further testing is required. The nursery may be considered free of evidence of Phytophthora ramorum and plants in the nursery are eligible for interstate movement under certificate in accord ance with § 301.92–5. (ii) Positive results. If any samples tested using PCR or other molecular tests return positive results for Phytophthora ramorum, the nursery from which they originate is prohibited from moving plants interstate. The nursery will be eligible to ship certain plants interstate when an inspector de termines that those plants are free of evidence of Phytophthora ramorum. (2) Culture Test—(i) Negative results. If the results of culture tests are other than positive for any samples taken from a single nursery, plants in the nursery must continue to be withheld from shipment in accordance with § 301.92–11 and each plant sample must be tested again using a PCR or other molecular test, as described in this sec tion. (ii) Positive results. If any culture tests return positive results for Phytophthora ramorum, the nursery from which they originate is prohibited from moving plants interstate as di rected by an inspector. The nursery will be eligible to ship certain plants interstate when an inspector deter mines that those plants are free of evi dence of Phytophthora ramorum. (c) Other test methods. Other test methods may be acceptable if approved by APHIS. PART 302—DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS Sec. 302.1 Definitions. 302.2 Movement of plants and plant prod ucts. AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 66 FR 1016, Jan. 5, 2001, unless oth erwise noted. § 302.1 Definitions. Inspector. Any employee of the Ani mal and Plant Health Inspection Serv ice or other person authorized by the Administrator to inspect and certify the plant health status of plants and products under this part. Interstate. From any State into or through any other State. State. The District of Columbia, Puer to Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. § 302.2 Movement of plants and plant products. Inspection or documentation of the plant health status of plants or plant products to be moved interstate from the District of Columbia may be ob tained by contacting the State Plant Health Director, Plant Protection and Quarantine, APHIS, Wayne A. Cawley, Jr. Building, Room 350, 50 Harry S. Truman Parkway, Annapolis, MD 21401–7080; phone: (410) 224–3452; fax: (410) 224–1142. [66 FR 54641, Oct. 30, 2001] PART 305—PHYTOSANITARY TREATMENTS Sec. 305.1 Definitions. 305.2 Approved treatments. 305.3 Processes for adding, revising, or re moving treatment schedules in the PPQ Treatment Manual. 305.4 Monitoring and certification of treat ments. 305.5 Chemical treatment requirements. 305.6 Cold treatment requirements. 305.7 Quick freeze treatment requirements. 305.8 Heat treatment requirements. 305.9 Irradiation treatment requirements. AUTHORITY: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. SOURCE: 75 FR 4241, Jan. 26, 2010, unless otherwise noted. § 305.1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, or any person delegated to act for the Administrator in matters affecting this part. VerDate Sep<11>2014 11:19 Mar 20, 2017 Jkt 241016 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:\SGML\241016.XXX 241016pm a n g ru m o n D S K 4 S P T V N 1 P R O D w ith C F R