[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          7


          Parts 300 to 399

                         Revised as of January 1, 2009


          Agriculture
          
 


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    Subtitle B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter III--Animal and Plant Health Inspection 
          Service, Department of Agriculture                         5
  Finding Aids:
      Table of CFR Titles and Chapters........................     579
      Alphabetical List of Agencies Appearing in the CFR......     599
      List of CFR Sections Affected...........................     609

[[Page iv]]





                     ----------------------------

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

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

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

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

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

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    January 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2009.

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

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                          TITLE 7--AGRICULTURE




                  (This book contains parts 300 to 399)

  --------------------------------------------------------------------

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

                                                                    Part

chapter iii--Animal and Plant Health Inspection Service, 
  Department of Agriculture.................................         300

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 5]]



 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
300             Incorporation by reference..................           7
301             Domestic quarantine notices.................           8
302             District of Columbia; movement of plants and 
                    plant products..........................         157
305             Phytosanitary treatments....................         157
318             Hawaiian and territorial quarantine notices.         229
319             Foreign quarantine notices..................         268
322             Bees, beekeeping byproducts, and beekeeping 
                    equipment...............................         424
330             Federal plant pest regulations; general; 
                    plant pests; soil, stone, and quarry 
                    products; garbage.......................         437
331             Possession of biological agents and toxins..         456
340             Introduction of organisms and products 
                    altered or produced through genetic 
                    engineering which are plant pests or 
                    which there is reason to believe are 
                    plant pests.............................         467
351             Importation of plants or plant products by 
                    mail....................................         485
352             Plant quarantine safeguard regulations......         487
353             Export certification........................         499
354             Overtime services relating to imports and 
                    exports; and user fees..................         509
355             Endangered species regulations concerning 
                    terrestrial plants......................         534
356             Forfeiture procedures.......................         540
360             Noxious weed regulations....................         544
361             Importation of seed and screenings under the 
                    Federal Seed Act........................         547
370             Freedom of information......................         563
371             Organization, functions, and delegations of 
                    authority...............................         565
372             National Environmental Policy Act 
                    implementing procedures.................         571
380             Rules of practice governing proceedings 
                    under certain acts......................         576
381-399

[Reserved]

[[Page 7]]



PART 300_INCORPORATION BY REFERENCE--Table of Contents

               Subpart_Materials Incorporated by Reference

Sec.
300.1 [Reserved]
300.2 Dry Kiln Operator's Manual.
300.3 Reference Manual A.
300.4 Reference Manual B.
300.5 International Standards for Phytosanitary Measures.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.

    Source: 67 FR 8463, Feb. 25, 2002, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 300 appear at 69 FR 
18803, Apr. 9, 2004.



Sec. 300.1  [Reserved]



Sec. 300.2  Dry Kiln Operator's Manual.

    (a) The Dry Kiln Operator's Manual, which was published in August 
1991 as Agriculture Handbook No. 188 by the United States Department of 
Agriculture, Forest Service, has been approved for incorporation by 
reference in 7 CFR chapter III by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (b) The kiln drying schedules specified in the Dry Kiln Operator's 
Manual provide a method by which certain articles regulated by 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' (7 CFR 
319.40-1 through 319.40-11) may be imported into the United States.
    (c) Availability. Copies of the Dry Kiln Operator's Manual:
    (1) Are available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
    (2) Are for sale as ISBN 0-16-035819-1 by the U.S. Government 
Printing Office, Superintendent of Documents, Mail Stop: SSOP, 
Washington, DC 20402-9328.



Sec. 300.3  Reference Manual A.

    (a) The Reference Manual for Administration, Procedures, and 
Policies of the National Seed Health System, which was published on 
February 25, 2000, by the National Seed Health System (NSHS), has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (b) Availability. Copies of Reference Manual A:
    (1) Are available for inspection at the APHIS Library, U.S. 
Department of Agriculture, 4700 River Road, Riverdale, MD or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



Sec. 300.4  Reference Manual B.

    (a) The Reference Manual for Seed Health Testing and Phytosanitary 
Field Inspection Methods, which was published on February 27, 2001, by 
the National Seed Health System (NSHS), has been approved for 
incorporation by reference in 7 CFR chapter III by the Director of the 
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    (b) Availability. Copies of Reference Manual B:
    (1) Are available for inspection at the APHIS Library, U.S. 
Department of Agriculture, 4700 River Road, Riverdale, MD or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management,

[[Page 8]]

Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



Sec. 300.5  International Standards for Phytosanitary Measures.

    (a) The International Standards for Phytosanitary Measures 
Publication No. 4, ``Requirements for the Establishment of Pest Free 
Areas,'' which was published February 1996 by the International Plant 
Protection Convention of the United Nations' Food and Agriculture 
Organization has been approved for incorporation by reference in 7 CFR 
chapter III by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (b) Availability. Copies of International Standards for 
Phytosanitary Measures Publication No. 4:
    (1) Are available for inspection at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/standards/.

[68 FR 37915, June 25, 2003]



PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents

                      Subpart_Special Need Requests

Sec.
301.1 Purpose and scope.
301.1-1 Definitions.
301.1-2 Criteria for special need requests.
301.1-3 Action on special need requests.

                 Subpart_Imported Plants and Plant Parts

301.10 Definitions.
301.11 Notice of quarantine; prohibition on the interstate movement of 
          certain imported plants and plant parts.

                           Subpart_Fruit Flies

301.32 Restrictions on interstate movement of regulated articles.
301.32-1 Definitions.
301.32-2 Regulated articles.
301.32-3 Quarantined areas.
301.32-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.32-5 Issuance and cancellation of certificates and limited permits.
301.32-6 Compliance agreements and cancellation.
301.32-7 Assembly and inspection of regulated articles.
301.32-8 Attachment and disposition of certificates and limited permits.
301.32-9 Costs and charges.
301.32-10 Treatments.

                         Subpart_Black Stem Rust

301.38 Notice of quarantine; restrictions on interstate movement of 
          regulated articles.
301.38-1 Definitions.
301.38-2 Regulated articles.
301.38-3 Protected areas.
301.38-4 Interstate movement of regulated articles.
301.38-5 Assembly and inspection of regulated articles; issuance and 
          cancellation of certificates.
301.38-6 Compliance agreements and cancellation.
301.38-7 Attachment and disposition of certificates.
301.38-8 Costs and charges.

                           Subpart_Gypsy Moth

301.45 Notice of quarantine; restriction on interstate movement of 
          specified regulated articles.
301.45-1 Definitions.
301.45-2 Authorization to designate and terminate designation of 
          generally infested areas.
301.45-3 Generally infested areas.
301.45-4 Conditions governing the interstate movement of regulated 
          articles and outdoor household articles from generally 
          infested areas.
301.45-5 Issuance and cancellation of certificates, limited permits, and 
          outdoor household article documents.
301.45-6 Compliance agreement and cancellation thereof.
301.45-7 Assembly and inspection of regulated articles and outdoor 
          household articles.
301.45-8 Attachment and disposition of certificates, limited permits, 
          and outdoor household article documents.
301.45-9 Inspection and disposal of regulated articles and pests.

[[Page 9]]

301.45-10 Movement of live gypsy moths.
301.45-11 Costs and charges.
301.45-12 Disqualification of qualified certified applicator to issue 
          certificates.

                         Subpart_Japanese Beetle

                       Quarantine and Regulations

301.48 Notice of quarantine; quarantine restrictions on interstate 
          movement of regulated articles.
301.48-1 Definitions.
301.48-2 Authorization to designate, and terminate designation of, 
          regulated airports.
301.48-3 Notification of designation, and termination of designation, of 
          regulated airports.
301.48-4 Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.48-5 Inspection and disposal of regulated articles and pests.
301.48-6 Movement of live Japanese beetles.
301.48-7 Nonliability of the Department.
301.48-8 Compliance agreements and cancellation.

                        Subpart_Pine Shoot Beetle

301.50 Restrictions on interstate movement of regulated articles.
301.50-1 Definitions.
301.50-2 Regulated articles.
301.50-3 Quarantined areas.
301.50-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.50-5 Issuance and cancellation of certificates and limited permits.
301.50-6 Compliance agreements and cancellation.
301.50-7 Assembly and inspection of regulated articles.
301.50-8 Attachment and disposition of certificates and limited permits.
301.50-9 Costs and charges.
301.50-10 Treatments and management method.

                     Subpart_Asian Longhorned Beetle

301.51-1 Definitions.
301.51-2 Regulated articles.
301.51-3 Quarantined areas.
301.51-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.51-5 Issuance and cancellation of certificates and limited permits.
301.51-6 Compliance agreements and cancellation.
301.51-7 Assembly and inspection of regulated articles.
301.51-8 Attachment and disposition of certificates and limited permits.
301.51-9 Costs and charges.

                          Subpart_Pink Bollworm

                       Quarantine and Regulations

301.52 Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.52-1 Definitions.
301.52-2 Authorization for Deputy Administrator to list regulated areas 
          and suppressive or generally infested areas.
301.52-2a Regulated areas; suppressive and generally infested areas.
301.52-3 Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.52-4 Issuance and cancellation of certificates and permits.
301.52-5 Compliance agreements; and cancellation thereof.
301.52-6 Assembly and inspection of regulated articles.
301.52-7 Attachment and disposition of certificates or permits.
301.52-8 Inspection and disposal of regulated articles and pests.
301.52-9 Movement of live pink bollworms.
301.52-10 Nonliability of the Department.

                        Subpart_Emerald Ash Borer

301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.
301.53-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited permits.
301.53-9 Costs and charges.

                            Subpart_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.

[[Page 10]]

301.75-7 Interstate movement of regulated fruit from a quarantined area.
301.75-8 Interstate movement of regulated seed from a quarantined area.
301.75-9 Interstate movement of regulated articles from a quarantined 
          area for experimental or scientific purposes.
301.75-10 Interstate movement of regulated articles through a 
          quarantined area.
301.75-11 Treatments.
301.75-12 Certificates and limited permits.
301.75-13 Compliance agreements.
301.75-14 Costs and charges.
301.75-15 Funds for the replacement of commercial citrus trees.
301.75-16 Payments for the recovery of lost production income.
301.75-17 Funds for the replacement of certified citrus nursery stock.

                            Subpart_Witchweed

                       Quarantine and Regulations

301.80 Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.80-1 Definitions.
301.80-2 Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.80-2a Regulated areas; generally infested and suppressive areas.
301.80-2b Exempted articles.
301.80-3 Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.80-4 Issuance and cancellation of certificates and permits.
301.80-5 Compliance agreements; and cancellation thereof.
301.80-6 Assembly and inspection of regulated articles.
301.80-7 Attachment and disposition of certificates or permits.
301.80-8 Inspection and disposal of regulated articles and pests.
301.80-9 Movement of witchweed.
301.80-10 Nonliability of the Department.

                        Subpart_Imported Fire Ant

                       Quarantine and Regulations

301.81 Restrictions on interstate movement of regulated articles.
301.81-1 Definitions.
301.81-2 Regulated articles.
301.81-3 Quarantined areas.
301.81-4 Interstate movement of regulated articles from quarantined 
          areas.
301.81-5 Issuance of a certificate or limited permit.
301.81-6 Compliance agreements.
301.81-7 Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.81-8 Assembly and inspection of regulated articles.
301.81-9 Attachment and disposition of certificates and limited permits.
301.81-10 Costs and charges.

Appendix to Subpart--Imported Fire Ant

Subpart--Unshu Oranges [Reserved]

                         Subpart_Golden Nematode

                       Quarantine and Regulations

301.85 Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.85-1 Definitions.
301.85-2 Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.85-2a Regulated areas; suppressive and generally infested areas.
301.85-2b Exempted articles.
301.85-3 Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.85-4 Issuance and cancellation of certificates and permits.
301.85-5 Compliance agreement and cancellation thereof.
301.85-6 Assembly and inspection of regulated articles.
301.85-7 Attachment and disposition of certificates and permits.
301.85-8 Inspection and disposal of regulated articles and pests.
301.85-9 Movement of live golden nematodes.
301.85-10 Nonliability of the Department.

                      Subpart--Potato Cyst Nematode

301.86 Restrictions on interstate movement of regulated articles.
301.86-1 Definitions.
301.86-2 Regulated articles.
301.86-3 Quarantined areas.
301.86-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.86-5 Issuance and cancellation of certificates and limited permits.
301.86-6 Compliance agreements and cancellation.
301.86-7 Assembly and inspection of regulated articles.
301.86-8 Attachment and disposition of certificates and limited permits.
301.86-9 Costs and charges.

                       Subpart_Sugarcane Diseases

                       Quarantine and Regulations

301.87 Quarantine; restrictions on interstate movement of specified 
          articles.
301.87-1 Definitions.
301.87-2 Regulated articles.
301.87-3 Regulated areas.

[[Page 11]]

301.87-4 Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.87-5 Issuance and cancellation of certificates and limited permits.
301.87-6 Compliance agreement; cancellation.
301.87-7 Assembly and inspection of regulated articles.
301.87-8 Attachment and disposition of certificates and limited permits.
301.87-9 Costs and charges.
301.87-10 Treatments.

                           Subpart_Karnal Bunt

301.89-1 Definitions.
301.89-2 Regulated articles.
301.89-3 Regulated areas.
301.89-4 Planting.
301.89-5 Movement of regulated articles from regulated areas.
301.89-6 Issuance of a certificate or limited permit.
301.89-7 Compliance agreements.
301.89-8 Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.89-9 Assembly and inspection of regulated articles.
301.89-10 Attachment and disposition of certificates and limited 
          permits.
301.89-11 Costs and charges.
301.89-12 Cleaning, disinfection, and disposal.
301.89-13 Treatments.
301.89-14 [Reserved]
301.89-15 Compensation for growers, handlers, and seed companies in the 
          1999-2000 and subsequent crop seasons.
301.89-16 Compensation for grain storage facilities, flour millers, 
          National Survey participants, and certain custom harvesters 
          and equipment owners or lessees for the 1999-2000 and 
          subsequent crop seasons.

Subpart--Corn Cyst Nematode [Reserved]

                      Subpart_European Larch Canker

                       Quarantine and Regulations

301.91 Quarantine and regulations; restrictions on interstate movement 
          of regulated articles.
301.91-1 Definitions.
301.91-2 Regulated articles.
301.91-3 Regulated areas.
301.91-4 Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.91-5 Issuance and cancellation of certificates and limited permits.
301.91-6 Compliance agreement and cancellation thereof.
301.91-7 Assembly and inspection of regulated articles.
301.91-8 Attachment and disposition of certificates and limited permits.
301.91-9 Costs and charge.

                      Subpart_Phytophthora Ramorum

301.92 Restrictions on interstate movement.
301.92-1 Definitions.
301.92-2 Restricted, regulated, and associated articles; lists of proven 
          hosts and associated plant taxa.
301.92-3 Quarantined and regulated areas.
301.92-4 Conditions governing the interstate movement of regulated, 
          restricted, and associated articles, and non-host nursery 
          stock from quarantined and regulated areas.
301.92-5 Issuance and cancellation of certificates.
301.92-6 Compliance agreements and cancellation.
301.92-7 Availability of inspectors; assembly for inspection.
301.92-8 Attachment and disposition of certificates and recordkeeping.
301.92-9 Costs and charges.
301.92-10 Treatments.
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_Special Need Requests

    Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted.



Sec. 301.1  Purpose and scope.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not impose prohibitions or 
restrictions upon the movement in interstate commerce of articles, means 
of conveyance, plants, plant products, biological control organisms, 
plant pests, or noxious weeds if the Secretary has issued a regulation 
or order to prevent the dissemination of the biological control 
organism, plant pest, or noxious weed within the United States. The only 
exceptions to this are:
    (1) If the prohibitions or restrictions issued by the State or 
political subdivision of a State are consistent with and do not exceed 
the regulations or orders issued by the Secretary, or

[[Page 12]]

    (2) If the State or political subdivision of a State demonstrates to 
the Secretary and the Secretary finds that there is a special need for 
additional prohibitions or restrictions based on sound scientific data 
or a thorough risk assessment.
    (b) The regulations in this subpart provide for the submission and 
consideration of special need requests when a State or a political 
subdivision of a State seeks to impose prohibitions or restrictions on 
the movement in interstate commerce of articles, means of conveyance, 
plants, plant products, biological control organisms, plant pests, or 
noxious weeds that are in addition to the prohibitions or restrictions 
imposed by this part or by a Federal Order.



Sec. 301.1-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service (APHIS), or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Biological control organism. Any enemy, antagonist, or competitor 
used to control a plant pest or noxious weed.
    Interstate commerce. Trade, traffic, or other commerce
    (1) From one State into or through any other State or
    (2) Within the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved or allowed to be moved.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including nursery stock or 
plant products), livestock, poultry, or other interests of agriculture, 
irrigation, navigation, the natural resources of the United States, the 
public health or the environment.
    Plant pest. Any living stage of any insects, mites, nematodes, 
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, 
other parasitic plants or reproductive parts thereof, viruses, or any 
organisms similar to or allied with any of the foregoing, or any 
infectious substances which can directly or indirectly injure or cause 
disease or damage in any plants or parts thereof or any processed, 
manufactured, or other products of plants.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.1-2  Criteria for special need requests.

    (a) A special need request, as described in Sec. 301.1, may be 
generated by a State or a political subdivision of a State. If the 
request is generated by a political subdivision of a State, the request 
must be submitted to APHIS through the State. States may also 
collaborate with other States to submit multi-State special need 
requests. However, if submitted, the multi-State special need request 
must include information in sufficient detail to allow APHIS to analyze 
the impacts on each State on an individual basis. All special need 
requests must be signed by the executive official or officials or by a 
plant protection official or officials of the State(s) making the 
request and must contain the following:
    (1) Data drawn from a scientifically sound detection survey, showing 
that the biological control organism, noxious weed, or plant pest of 
concern does not exist in the State or political subdivision or, if 
already present in the State or political subdivision, the distribution 
of the biological control organism, noxious weed, or plant pest of 
concern;
    (2) If the biological control organism, noxious weed, or plant pest 
is not present in the State or political subdivision, a risk analysis or 
other scientific data showing that the biological control organism, 
noxious weed, or plant pest could enter the State or political 
subdivision and become established;
    (3) Specific information showing that, if introduced into or allowed 
to spread within the State or political subdivision, the biological 
control organism, noxious weed, or plant pest

[[Page 13]]

would harm or injure the environment or agricultural resources in the 
State or political subdivision. The request should contain detailed 
information, including quantitative estimates, if available, about what 
harm or injury would result from the introduction or dissemination of 
the biological control organism, noxious weed, or plant pest in the 
State or political subdivision;
    (4) Specific information showing that the State or political 
subdivision has characteristics that make it particularly vulnerable to 
the biological control organism, noxious weed, or plant pest, such as 
unique plants, diversity of flora, historical concerns, or any other 
special basis for the request for additional restrictions or 
prohibitions; and
    (5) Information detailing the proposed additional prohibitions or 
restrictions and scientific data demonstrating that the proposed 
additional prohibitions or restrictions are necessary and adequate, and 
that there is no less drastic action that is feasible and that would be 
adequate, to prevent the introduction or spread of the biological 
control organism, noxious weed, or plant pest in the State or political 
subdivision.
    (b) All special need requests must be submitted to the Deputy 
Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L. 
Whitten Federal Building, 14th Street and Independence Avenue, SW., Room 
301-E, Washington, DC 20250.



Sec. 301.1-3  Action on special need requests.

    (a) Upon receipt of a complete special need request submitted in 
accordance with Sec. 301.1-2, APHIS will publish a notice in the 
Federal Register to inform the public of the special need request and to 
make the request and its supporting information available for review and 
comment for at least 60 days.
    (b) Following the close of the comment period, APHIS will publish 
another notice announcing the Administrator's decision to either grant 
or deny the special need request. The Administrator's determination will 
be based upon the evaluation of the information submitted by the State 
or political subdivision of a State in support of its request and would 
take into account any comments received.
    (1) If the Administrator grants the special need request, the State 
or political subdivision of a State will be authorized to impose only 
the specific prohibitions or restrictions identified in the request and 
approved by APHIS. APHIS will coordinate with the State, or with the 
State on behalf of the political subdivision of the State, to ensure 
that the additional prohibitions or restrictions are in accord with the 
special need exception granted by the Administrator.
    (2) If the Administrator denies the special need request, the State 
or political subdivision of a State will be notified in writing of the 
reason for the denial and may submit any additional information the 
State or political subdivision of a State may have in order to request a 
reconsideration.
    (c) If granted, a special need exception will be applicable for 2 
years, at the end of which the State or political subdivision of a State 
must submit a request for renewal of the exception. A special need 
renewal request must address the same criteria as the initial request 
submitted under Sec. 301.1-2 and must show that a special need still 
exists that warrants the continuation of the special need exception. The 
renewal must be submitted no sooner than 6 months and no later than 3 
months prior to the end of the 2-year applicability period for the 
initial exception. Once a special need renewal request has been 
received, APHIS will follow the same notice and comment process outlined 
in paragraphs (a) and (b) of this section. If, by the end of the 2-year 
applicability period, the State or political subdivision of a State does 
not submit a special need renewal request, the State's or political 
subdivision's special need exception will lapse and the State or 
political subdivision of a State will have to reapply for the special 
need exception.
    (d) If the Administrator determines that there is a need for the 
withdrawal of a special need exception before the renewal date of the 
special need exception, the reasons for the withdrawal would be 
communicated to the State or to the political subdivision of the State 
and APHIS will publish a notice in the

[[Page 14]]

Federal Register to inform the public of the withdrawal of the special 
need exception and to make the information supporting the withdrawal 
available for review and comment for at least 60 days. Reasons for 
withdrawal of approval of a special need exception may include, but are 
not limited to, the availability of new scientific data or changes in 
APHIS regulations. Following the close of the comment period, APHIS will 
publish another notice announcing the Administrator's decision to either 
withdraw or uphold the special need exception. The Administrator's 
determination will be based upon the evaluation of the information 
submitted in support of the withdrawal and would take into account any 
comments received.

(Approved by the Office of Management and Budget under control number 
0579-0291)



                 Subpart_Imported Plants and Plant Parts

    Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.



Sec. 301.10  Definitions.

    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved.
    State. Any State, territory, district, or possession of the United 
States.



Sec. 301.11  Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.

    (a) In accordance with part 319 of this chapter, some plants and 
plant parts may only be imported into the United States subject to 
certain destination restrictions. That is, under part 319, some plants 
and plant parts may be imported into some States or areas of the United 
States but are prohibited from being imported into, entered into, or 
distributed within other States or areas, as an additional safeguard 
against the introduction and establishment of foreign plant pests and 
diseases.
    (b) Under this quarantine notice, whenever any imported plant or 
plant part is subject to destination restrictions under part 319:
    (1) The State(s) or area(s) into which the plant or plant part is 
allowed to be imported is quarantined with respect to that plant or 
plant part; and
    (2) No person shall move any plant or plant part from any such 
quarantined State or area into or through any State or area not 
quarantined with respect to that plant or plant part.



                           Subpart_Fruit Flies

    Source: 73 FR 32432, June 9, 2008, unless otherwise noted.



Sec. 301.32  Restrictions on interstate movement of regulated articles.

    (a) No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Permit and other requirements for the interstate movement of any 
of the fruit flies regulated under this subpart are contained in part 
330 of this chapter.
---------------------------------------------------------------------------

    (b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides 
that the Secretary of Agriculture may, under certain conditions, hold, 
seize, quarantine, treat, apply other remedial measures to, destroy, or 
otherwise dispose of any plant, plant pest, plant product, article, or 
means of conveyance that is moving, or has moved into or through the 
United States or interstate if the Secretary has reason to believe the 
article is a plant pest or is infested with a plant pest at the time of 
movement.



Sec. 301.32-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of fruit flies and may be moved interstate to any destination.

[[Page 15]]

    Commercially produced. Fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, monocultural 
practices, pest management programs, good sanitation practices including 
destruction of culls, type of packaging, identification of grower or 
packinghouse on the packaging, and documents consigning the shipment to 
a wholesaler or retailer.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with this subpart.
    Core area. The area within a circle surrounding each site where 
fruit flies have been detected using a \1/2\-mile radius with the 
detection site as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each species of fruit fly.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.32-4(c).
    Dripline. The line around the canopy of a plant.
    Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, 
Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote 
fruit fly, or West Indian fruit fly, or other species of insects found 
in the family Tephritidae, collectively.
    Infestation. The presence of fruit flies or the existence of 
circumstances that makes it reasonable to believe that fruit flies are 
present.
    Inspector. Any employee of APHIS or other person authorized by the 
Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.32-5(b) only to a specified destination and 
only in accordance with specified conditions.
    Mediterranean fruit fly. The insect known as Mediterranean fruit 
fly, Ceratitis capitata (Wiedemann), in any stage of development.
    Melon fruit fly. The insect known as the melon fruit fly, Bactrocera 
cucurbitae (Coquillett), in any stage of development.
    Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha 
ludens (Loew), in any stage of development.
    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved.
    Oriental fruit fly. The insect known as Oriental fruit fly, 
Bactrocera dorsalis (Hendel), in any stage of development.
    Peach fruit fly. The insect known as peach fruit fly, Anastrepha 
zonata (Saunders), in any stage of development.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service that has been delegated 
responsibility for enforcing provisions of the Plant Protection Act and 
related legislation, quarantines, and regulations.
    Quarantined area. Any State, or any portion of a State, designated 
as a quarantined area in accordance with Sec. 301.32-3.
    Regulated article. Any article listed in Sec. 301.32-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.32-2(d).
    Sapote fruit fly. The insect known as the sapote fruit fly, 
Anastrepha serpentina, in any stage of development.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the

[[Page 16]]

District of Columbia, Guam, the Virgin Islands of the United States, or 
any other territory or possession of the United States.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.



Sec. 301.32-2  Regulated articles.

    (a) In the following table, the berry, fruit, nut, or vegetable 
listed in each row in the left column is a regulated article for each of 
the fruit fly species listed in that row in the right column, unless the 
article is canned, dried, or frozen below -17.8*[deg]C (0[deg]F):

------------------------------------------------------------------------
         Botanical name             Common name(s)         Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus =          Okra..............  Melon, Peach.
 Hibiscus esculentus.
Acca sellowiana = Feijoa          Pineapple guava...  Mediterranean,
 sellowiana.                                           Oriental, Peach.
Actinidia chinensis.............  Kiwi..............  Mediterranean.
Aegle marmelos..................  Indian bael.......  Peach.
Anacardium occidentale..........  Cashew............  Oriental.
Annona cherimola................  Cherimoya.........  Mexican, Oriental,
                                                       Peach.
Annona glabra...................  Pond-apple........  Sapote.
Annona muricata.................  Soursop...........  Melon, Oriental,
                                                       Peach.
Annona reticulata...............  Custard apple,      Melon, Mexican,
                                   Annona.             Oriental, Peach.
Annona squamosa.................  Custard apple.....  Peach.
Artocarpus altilis..............  Breadfruit........  Oriental.
Artocarpus heterophyllus........  Jackfruit.........  Oriental.
Averrhoa carambola..............  Carambola, Country  Oriental, West
                                   gooseberry.         Indian.
Benincasa hispida...............  Melon, Chinese....  Melon.
Brassica juncea.................  Mustard, leaf.....  Melon.
Brassica oleracea var. botrytis.  Cauliflower.......  Melon.
Brosimum alicastrum.............  Ram[oacute]n......  West Indian.
Byrsonima crassifolia...........  Nance.............  Sapote.
Calophyllum inophyllum..........  Alexandrian-        Oriental.
                                   laurel, Laurel.
Cananga odorata.................  Ylang-Ylang.......  Oriental.
Capsicum annum..................  Pepper, chili.....  Mediterranean,
                                                       Melon, Oriental.
Capsicum frutescens.............  Pepper, tabasco...  Mediterranean,
                                                       Melon.
Capsicum frutescens abbreviatum.  Oriental bush red   Oriental.
                                   pepper.
Capsicum frutescens var. grossum  Pepper, sweet.....  Oriental.
Carica papaya...................  Papaya............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Carissa grandiflora.............  Natal plum........  Oriental.
Carissa macrocarpa..............  Natal plum........  Mediterranean.
Casimiroa edulis................  Sapote, white.....  Mediterranean.
Casimiroa greggii = Sargentia     Sargentia, yellow   Mexican.
 greggii.                          chapote.
Casimiroa spp...................  Sapote............  Mexican.
Cereus coerulescens.............  Cactus............  Oriental.
Chrysophyllum cainito...........  Star apple........  Oriental, Sapote.
Chrysophyllum oliviforme........  Caimitillo........  Oriental.
Citrofortunella japonica........  Orange, calamondin  Peach.
Citrullus colocynthis...........  Colocynth.........  Melon.
Citrullus lanatus = Citrullus     Watermelon........  Melon, Peach.
 vulgaris.
Citrullus spp...................  Melon.............  Melon.
Citrus aurantiifolia............  Lime..............  Mediterranean,
                                                       Mexican,\1\
                                                       Oriental, Peach.
Citrus aurantium................  Orange, sour......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Citrus jambhiri.................  Lemon, Rough......  Mediterranean.
Citrus latifolia................  Lime, Persian.....  Oriental.
Citrus limon....................  Lemon.............  Mediterranean,\2\
                                                       Mexican,\3\
                                                       Oriental, Peach.
Citrus limon x reticulata.......  Lemon, Meyer......  Mediterranean.
Citrus madurensis =               Orange, Panama....  Sapote.
 xCitrofortunella mitis.
Citrus maxima = Citrus grandis..  Pummelo or          Mediterranean,
                                   Shaddock.           Mexican,
                                                       Oriental, Peach.
Citrus medica...................  Citrus citron.....  Mediterranean,
                                                       Mexican, Peach.
Citrus paradisi.................  Grapefruit........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus reticulata...............  Mandarin orange,    Mediterranean,
                                   tangerine.          Mexican,
                                                       Oriental, Peach.
Citrus reticulata var. Unshu....  Orange, Unshu.....  Mediterranean,
                                                       Oriental.
Citrus reticulata x C. sinensis   Orange, king......  Mediterranean,
 = Citrus nobilis.                                     Melon, Oriental,
                                                       Peach.
Citrus reticulata x Fortunella..  Orange, calamondin  Mediterranean,
                                                       Mexican,
                                                       Oriental.
Citrus sinensis.................  Orange, sweet.....  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus spp......................  Citrus............  Sapote.
Clausena lansium................  Wampi.............  Oriental.

[[Page 17]]

 
Coccinia spp....................  Gourds............  Melon, Peach.
Coccoloba uvifera...............  Seagrape..........  Oriental.
Coffea arabica..................  Coffee, Arabian...  Oriental.
Cresentia spp...................  Gourds............  Melon, Peach.
Cucumis melo and Cucumis melo     Cantaloupe........  Melon, Peach.
 var. Cantalupensis.
Cucumis melo var. conomon.......  Melon, oriental     Melon.
                                   pickling.
Cucumis pubescens and Cucumis     Cucurbit..........  Melon.
 trigonus.
Cucumis sativus.................  Cucumber..........  Melon, Oriental,
                                                       Peach.
Cucumis utilissimus.............  Melon, long.......  Peach.
Cucurbita maxima................  Squash............  Melon.
Cucurbita moschata..............  Pumpkin, Canada...  Melon.
Cucurbita pepo..................  Pumpkin...........  Melon.
Cydonia oblonga.................  Quince............  Mexican,
                                                       Mediterranean,
                                                       Oriental, Peach,
                                                       Sapote.
Cyphomandra betaceae............  Tomato, tree......  Melon.
Diospyros digyna................  Black sapote......  Sapote.
Diospyros discolor..............  Velvet apple......  Oriental.
Diospyros khaki.................  Japanese persimmon  Mediterranean,
                                                       Oriental.
Diospyros spp...................  Sapote............  Sapote, West
                                                       Indian.
Dovyalis hebecarpa..............  Kitembilla........  Oriental, Sapote,
                                                       West Indian.
Dracena draco...................  Dragon tree.......  Oriental.
Elaeocarpus angustifolius.......  Blue marbletree;    Peach.
                                   New Guinea
                                   quandong.
Elaeocarpus grandiflorus........  Lily of the valley  Peach.
                                   tree.
Elaeocarpus madopetalus.........  Ma-kok-nam........  Peach.
Eriobotrya japonica.............  Loquat............  Mediterranean,
                                                       Oriental, Peach,
                                                       West Indian.
Eugenia brasiliensis = E.         Brazil-cherry,      Mediterranean,
 dombeyi.                          grumichama.         Oriental, Peach.
Eugenia malaccensis.............  Malay apple.......  Oriental.
Eugenia uniflora................  Surinam cherry....  Mediterranean,
                                                       Oriental, Peach.
Euphoria longan.................  Longan............  Oriental.
Ficus benghalensis..............  Fig, Banyan.......  Peach.
Ficus carica....................  Fig...............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Ficus macrophylla...............  Fig, Moreton Bay..  Peach.
Ficus retusa....................  Fig, glossy leaf..  Peach.
Ficus rubiginosa................  Fig, Port Jackson.  Peach.
Ficus spp.......................  Fig...............  Peach.
Fortunella japonica.............  Chinese Orange,     Mediterranean,
                                   Kumquat.            Oriental, Peach.
Garcinia celebica...............  Gourka............  Oriental.
Garcinia mangostana.............  Mangosteen........  Oriental.
Grewia asiatica.................  Phalsa............  Peach.
Jubaea chilensis = Jubaea         Syrup palm........  Oriental.
 spectabilis.
Juglans hindsii.................  Walnut............  Oriental.
Juglans regia...................  Walnut, English...  Oriental.
Juglans spp.....................  Walnut with husk..  Mediterranean.
Lablab purpureus subsp.           Bean, hyacinth....  Melon.
 purpureus = Dolichos lablab.
Lagenaria spp...................  Gourds............  Melon, Peach.
Luffa acutangula................  Gourd, ribbed or    Peach.
                                   ridged, luffa.
Luffa aegyptiaca................  Gourd, smooth       Peach.
                                   luffa, sponge.
Luffa spp.......................  Gourds............  Melon, Peach.
Luffa vulgaris..................  Gourd.............  Peach.
Lychee chinensis................  Lychee nut........  Oriental.
Lycopersicon esculentum.........  Tomato............  Mediterranean,
                                                       Melon,\4\
                                                       Oriental,\4\
                                                       Peach \4\.
Madhuca indica = Bassia           Mahua, mowra-       Peach.
 latifolia.                        buttertree.
Malpighia glabra................  Cherry, Barbados..  Oriental, West
                                                       Indian.
Malpighia punicifolia...........  West Indian cherry  Oriental.
Malus sylvestris................  Apple.............  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Sapote,
                                                       Peach.
Mammea americana................  Mammy apple.......  Mexican, Oriental,
                                                       Peach, Sapote.
Mangifera foetida...............  Mango, Bachang....  Peach.
Mangifera indica................  Mango.............  All.
Mangifera odorata...............  Kuine.............  Peach.
Manilkara hexandra..............  Sapodilla, balata.  Peach.
Manilkara jaimiqui subsp.         Sapodilla, wild...  Peach.
 emarginata.
Manilkara zapota................  Sapodilla, chiku..  Oriental, Peach,
                                                       Sapote, West
                                                       Indian.
Mimusops elengi.................  Spanish cherry....  Mediterranean,
                                                       Oriental.
Momordica balsamina.............  Balsam apple,       Peach.
                                   hawthorn.
Momordica charantia.............  Balsam pear,        Peach.
                                   bitter melon.
Momordica cochinchinensis.......  Balsam apple, gac.  Peach.
Momordica spp...................  Gourds............  Melon, Peach.
Morus nigra.....................  Mulberry..........  Oriental.

[[Page 18]]

 
Murraya exotica.................  Mock orange.......  Mediterranean,
                                                       Oriental.
Musa x paradisiaca = Musa         Banana............  Oriental.
 paradisiaca subsp. sapientum.
Musa acuminata = Musa nana......  Banana, dwarf.....  Oriental.
Ochrosia elliptica..............  Orange, bourbon...  Peach.
Olea europea....................  Olive.............  Mediterranean.
Opuntia ficus-indica = Opuntia    Prickly pear......  Oriental.
 megacantha.
Opuntia spp.....................  Opuntia cactus....  Mediterranean.
Passiflora edulis...............  Passionflower,      Melon, Oriental,
                                   passionfruit,       West Indian.
                                   yellow lilikoi.
Passiflora laurifolia...........  Lemon, water......  Melon.
Passiflora ligularis............  Granadilla, sweet.  Oriental.
Passiflora quadrangularis.......  Granadilla, giant.  West Indian.
Passiflora tripartita var.        Passionflower,      Oriental.
 mollissima.                       softleaf.
Persea americana................  Avocado...........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach,
                                                       Sapote.
Phaseolus lunatus = Phaseolus     Bean, lima........  Melon.
 limensis.
Phaseolus vulgaris..............  Bean, mung........  Melon.
Phoenix dactylifera.............  Date palm.........  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Planchonia careya = Careya        Patana oak, kumbhi  Peach.
 arborea.
Pouteria caimito................  Abiu..............  Sapote.
Pouteria campechiana............  Eggfruit tree.....  Oriental, Sapote.
Pouteria obovata................  Lucmo.............  Sapote.
Pouteria viridis................  Sapote, green.....  Sapote.
Prunus americana................  Plum, American....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus armeniaca................  Apricot...........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus avium....................  Sweet cherry......  Mediterranean,
                                                       Peach.
Prunus cerasus..................  Sour cherry.......  Mediterranean,
                                                       Peach.
Prunus domestica................  Plum, European....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus dulcis = P. amygdalus....  Almond with husk..  Mediterranean,
                                                       Peach \5\.
Prunus ilicifolia...............  Cherry, Catalina..  Oriental, Peach.
Prunus lusitanica...............  Cherry, Portuguese  Oriental, Peach.
Prunus persica..................  Peach.............  All.
Prunus persica var. nectarine...  Nectarine.........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus salicina.................  Japanese plum.....  Mediterranean,
                                                       Mexican, Peach,
                                                       West Indian.
Prunus salicina x Prunus          Methley plum......  Peach.
 cerasifera.
Psidium cattleianum.............  Strawberry guava,   Mediterranean,
                                   Cattley guava.      Melon, Oriental.
Psidium cattleianum var.          Yellow strawberry   Peach.
 cattleianum f. lucidum.           guava.
Psidium cattleianum var.          Red strawberry      Oriental, West
 littorale.                        guava.              Indian, Peach.
Psidium guajava.................  Guava.............  All.
Punica granatum.................  Pomegranate.......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Pyrus communis..................  Pear..............  All.
Pyrus pashia....................  Kaeuth............  Peach.
Pyrus pyrifolia.................  Pear, sand........  Peach.
Rhodomyrtus tomentosa...........  Myrtle, downy rose  Oriental.
Sandoricum koetjape.............  Santol............  Oriental.
Santalum album..................  Sandalwood, white.  Oriental.
Santalum paniculatum............  Sandalwood........  Oriental.
Sapotaceae......................  Sapota, Sapodilla.  Mexican.
Sechium edule...................  Chayote...........  Melon.
Sesbania grandiflora............  Scarlet wisteria    Melon.
                                   tree.
Sicyes sp.......................  Cucumber, bur.....  Melon.
Solanum aculeatissimum..........  Nightshade........  Peach.
Solanum mauritianum = S.          Tobacco, wild.....  Peach.
 auriculatum.
Solanum melongena...............  Eggplant..........  Mediterranean,\6\
                                                       Melon, Peach.
Solanum muricatum...............  Pepino............  Oriental, Peach.
Solanum pseudocapsicum..........  Jerusalem cherry..  Oriental, Peach.
Solanum seaforthianum...........  Nightshade,         Peach.
                                   Brazilian.
Solanum verbascifolium..........  Nightshade,         Peach.
                                   Mullein.
Spondias dulcis = Spondias        Otaheite apple,     Oriental, West
 cytherea.                         Jew plum.           Indian.
Spondias mombin.................  Hog-plum..........  Sapote, West
                                                       Indian.
Spondias purpurea...............  Red mombin........  Sapote, West
                                                       Indian.
Spondias spp....................  Spanish plum,       Mexican.
                                   purple mombin or
                                   Ciruela.
Spondias tuberose...............  Imbu..............  Oriental.
Syzygium aquem..................  Water apple,        Peach.
                                   watery roseapple.
Syzygium cumini.................  Java plum,          Peach.
                                   jambolana.
Syzygium jambos = Eugenia jambos  Rose apple........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach,
                                                       West Indian.

[[Page 19]]

 
Syzygium malaccense = Eugenia     Mountain apple,     Mediterranean,
 malaccensis.                      Malay apple.        Peach, West
                                                       Indian.
Syzygium samarangense...........  Java apple........  Peach.
Terminalia bellirica............  Myrobalan,          Peach.
                                   belleric.
Terminalia catappa..............  Tropical almond...  Oriental, Peach.
Terminalia chebula..............  Myrobalan, black    Mediterranean,
                                   or chebulic.        Oriental, Peach.
Thevetia peruviana..............  Yellow oleander...  Mediterranean,
                                                       Oriental.
Trichosanthis spp...............  Gourds............  Melon, Peach.
Vaccinium spp...................  Blueberry.........  Mediterranean.
Vigna unguiculata...............  Cowpea............  Melon.
Vitis spp.......................  Grapes............  Mediterranean,
                                                       Oriental.
Vitis trifolia..................  Grape.............  Melon.
Wikstroemia phillyreifolia......  Akia..............  Oriental.
Ziziphus mauritiana.............  Chinese date,       Peach.
                                   jujube.
------------------------------------------------------------------------
\1\ Sour limes are not regulated articles for Mexican fruit fly.
\2\ Smooth-skinned lemons harvested for packing by commercial
  packinghouses are not 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 melon,
  Oriental, and peach fruit flies.
\5\ Harvested almonds with dried husks are not regulated articles for
  peach fruit fly.
\6\ Commercially produced eggplants are not regulated articles for
  Mediterranean fruit fly.

    (b) Plants of the following species in the family Curcurbitaceae are 
regulated articles for the melon fruit fly only:

Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes spp.)
Cucurbit (Cucumis pubescens and C. trigonus)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and 
    Trichosanthis spp.)
Gourd, angled luffa (Luffa acutangula)
Gourd, balsam apple (Momordica balsaminia)
Gourd, ivy (Coccinia grandis)
Gourd, kakari (Momordica dioica)
Gourd, serpent cucumber (Trichosanthis anguina)
Gourd, snake (Trichosanthis cucumeroides)
Gourd, sponge (Luffa aegyptiaca)
Gourd, white flowered (Lagenaria siceraria)
Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    (c) Soil within the dripline of the plants listed in paragraph (b) 
of this section or plants that are producing or have produced any 
article listed in paragraph (a) of this section.
    (d) Any other product, article, or means of conveyance not listed in 
paragraphs (a), (b), or (c) of this section that an inspector determines 
presents a risk of spreading fruit flies, when the inspector notifies 
the person in possession of the product, article, or means of conveyance 
that it is subject to the restrictions of this subpart.



Sec. 301.32-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each State, or each portion of a State, 
in which a fruit fly population subject to the regulations in this 
subpart has been found by an inspector, or in which the Administrator 
has reason to believe that a fruit fly population is present, or that 
the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which a fruit fly population has been found. The Administrator will 
publish the description of the quarantined area on the Plant Protection 
and Quarantine Web site, http://www.aphis.usda.gov/plant--health/plant--
pest--info/fruit--flies/index.shtml. The description of the quarantined 
area will include the date the description was last updated and a 
description of the changes

[[Page 20]]

that have been made to the quarantined area. The description of the 
quarantined area may also be obtained by request from any local office 
of PPQ; local offices are listed in telephone directories. After a 
change is made to the quarantined area, we will publish a notice in the 
Federal Register informing the public that the change has occurred and 
describing the change to the quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. Less than an entire State will be designated as a 
quarantined area only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the fruit fly.
    (c) Criteria for designation of a State, or a portion of a State, as 
a quarantined area. A State, or a portion of a State, will be designated 
as a quarantined area when a fruit fly population has been found in that 
area by an inspector, when the Administrator has reason to believe that 
the fruit fly is present in that area, or when the Administrator 
considers it necessary to quarantine that area because of its 
inseparability for quarantine enforcement purposes from localities in 
which the fruit fly has been found.
    (d) Removal of a State, or a portion of a State, from quarantine. A 
State, or a portion of a State, will be removed from quarantine when the 
Administrator determines that sufficient time has passed without finding 
additional flies or other evidence of infestation in the area to 
conclude that the fruit fly no longer exists in that area.



Sec. 301.32-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.32-5 and 301.32-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by fruit flies (such as canvas, 
plastic, or other closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area; and
    (3) The regulated article is moved through the quarantined area 
without stopping except for refueling or for traffic conditions, such as 
traffic lights or stop signs.
    (c) Without a certificate or limited permit if the regulated article 
is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of fruit flies; and
    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container.


(Approved by the Office of Management and Budget under control number 
0579-0088)



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

    (a) A certificate may be issued by an inspector \3\ for the 
interstate movement

[[Page 21]]

of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting local 
PPQ offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.32-10; or
    (ii) Based on inspection of the premises of origin, the premises are 
free from fruit flies; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of fruit flies; and
    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or will be completely enclosed by a covering 
adequate to prevent access by fruit flies; and
    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; and
    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector \4\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \4\ See footnote 3.
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of fruit 
flies because life stages of the fruit flies will be destroyed by the 
specified handling, processing, or utilization;
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of fruit flies; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for the interstate movement of 
regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is eligible for a certificate in accordance with paragraph (a) 
of this section. A person operating under a compliance agreement may 
issue a limited permit for interstate movement of a regulated article 
when an inspector has determined that the regulated article is eligible 
for a limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all conditions in this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal will be confirmed in writing as 
promptly as circumstances allow. Any person whose certificate or limited 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within 10 days after receiving the written notification of 
the withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.


(Approved by the Office of Management and Budget under control number 
0579-0088)



Sec. 301.32-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines

[[Page 22]]

that the person is aware of this subpart, agrees to comply with its 
provisions, and agrees to comply with all the provisions contained in 
the compliance agreement. \5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236, and from local PPQ offices, which are listed 
in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
any of the conditions of this subpart or with any of the provisions of 
the compliance agreement. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed in writing as 
promptly as circumstances allow. Any person whose compliance agreement 
has been canceled may appeal the decision, in writing, within 10 days 
after receiving written notification of the cancellation. The appeal 
must state all of the facts and reasons upon which the person relies to 
show that the compliance agreement was wrongfully canceled. As promptly 
as circumstances allow, the Administrator will grant or deny the appeal, 
in writing, stating the reasons for the decision. A hearing will be held 
to resolve any conflict as to any material fact. Rules of practice 
concerning a hearing will be adopted by the Administrator.



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

    (a) Any person, other than a person authorized to issue certificates 
or limited permits under Sec. 301.32-5(c), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector \6\ as far in advance of the desired 
interstate movement as possible, but no less than 48 hours before the 
desired interstate movement.
---------------------------------------------------------------------------

    \6\ See footnote 3 to Sec. 301.32-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.32-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill: 
Provided, however, that if the certificate or limited permit is attached 
to the consignee's copy of the waybill, the regulated article must be 
sufficiently described on the certificate or limited permit and on the 
waybill to identify the regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee 
listed on the certificate or limited permit upon arrival at the location 
provided on the certificate or limited permit.


(Approved by the Office of Management and Budget under control number 
0579-0088)



Sec. 301.32-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.



Sec. 301.32-10  Treatments.

    Treatment schedules listed in part 305 of this chapter to destroy 
fruit flies are authorized for use on regulated articles. The following 
treatments also may be used for the regulated articles indicated:
    (a) Soil within the dripline of plants that are producing or have 
produced regulated articles listed Sec. 301.32(a) or (b). The following 
soil treatments may be used: Apply diazinon at the rate of 5 pounds 
active ingredient per acre to the soil within the dripline with 
sufficient water to wet the soil to at least a depth of 0.5 inch. Both 
immersion and

[[Page 23]]

pour-on treatment procedures are also acceptable.
    (b) Premises. Fields, groves, or areas that are located within a 
quarantined area but outside the infested core area and that produce 
regulated articles may receive regular treatments with either malathion 
or spinosad bait spray as an alternative to treating fruits and 
vegetables as provided in part 305 of this chapter. These treatments 
must take place at 6- to 10-day intervals, starting a sufficient time 
before harvest (but not less than 30 days before harvest) to allow for 
development of fruit fly egg and larvae. Determination of the time 
period must be based on the day degrees model for the specific fruit 
fly. Once treatment has begun, it must continue through the harvest 
period. The malathion bait spray treatment must be applied by aircraft 
or ground equipment at a rate of 2.4 oz of technical grade malathion and 
9.6 oz of protein hydrolysate per acre. The spinosad bait spray 
treatment must be applied by aircraft or ground equipment at a rate of 
0.01 oz of a USDA-approved spinosad formulation and 48 oz of protein 
hydrolysate per acre. For ground applications, the mixture may be 
diluted with water to improve coverage.



                         Subpart_Black Stem Rust

    Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.



Sec. 301.38  Notice of quarantine; restrictions on interstate movement of regulated articles.

    The conterminous 48 States and the District of Columbia are 
quarantined in order to prevent the spread of black stem rust. No person 
shall move interstate any regulated article except in accordance with 
this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified employee of the Animal and Plant Health 
Inspection Service is authorized to stop and inspect persons and means 
of conveyance, and to seize, quarantine, treat, apply other remedial 
measures to destroy, or otherwise dispose of regulated articles as 
provided in sections 414 and 421 of the Plant Protection Act (7 U.S.C. 
7714 and 7731).

[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]



Sec. 301.38-1  Definitions.

    In this subpart the following definitions apply:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service (APHIS), or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculure.
    Black stem rust. The disease commonly known as the black stem rust 
of grains (Puccinia graminis).
    Certificate. A document in which an inspector, or a person operating 
under a compliance agreement, affirms that a specified regulated article 
has met the criteria in Sec. 301.38-5(b) of this subpart and may be 
moved interstate to any destination.
    Clonally propagated. Reproduced asexually through cuttings, tissue 
culture, suckers, or crown division. For the purposes of this subpart, a 
Berberis plant will be considered clonally propagated only if its parent 
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
    Compliance agreement. A written agreement between a State that is a 
protected area or that encompasses a protected area and a person who 
moves regulated articles interstate, or in a non-protected area between 
APHIS and such person, in which that person agrees to comply with this 
subpart.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes, 
and that the regulated article is eligible for interstate movement under 
the conditions specified on the Departmental permit and found by the 
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia 
into protected areas.
    Inspector. Any APHIS employee or other person authorized by the 
Administrator in accordance with law to enforce this subpart.
    Interstate. From any State into or through any other State.

[[Page 24]]

    Limited permit. A document issued by an inspector to allow the 
interstate movement into or through a protected area of regulated 
articles not eligible for certification under this subpart to a 
specified destination outside the protected area.
    Moved (movement, move). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved. 
``Movement'' and ``move'' shall be construed in accordance with this 
definition.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Protected area. Those States or counties designated in Sec. 301.38-
3(d) of this subpart.
    Rust-resistant plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia, and their progeny, that have proven resistant 
to black stem rust during testing by the United States Department of 
Agriculture,\2\ and that are listed as rust-resistant under Sec. 
301.38-2 (a)(1) and (a)(2).
---------------------------------------------------------------------------

    \2\ Testing is performed by the Agricultural Research Service of 
USDA as follows: In a greenhouse, the suspect plant, or test subject, is 
placed under a screen with a control plant, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected 
wheat stems, a primary host of black stem rust, are placed on top of the 
screen. The plants are moistened and maintained in 100% humidity, 
causing the spores to swell and fall on the plants lying under the 
screen. The plants are then observed for 7 days at 20-80% relative 
humidity. This test procedure is repeated 12 times. If in all 12 tests, 
the rust-susceptible plant shows signs of infection after 7 days and the 
test plants do not, USDA will declare the test plant variety rust-
resistant. The tests must be performed on new growth, just as the leaves 
are unfolding.
---------------------------------------------------------------------------

    Rust-susceptible plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia not listed as rust-resistant under Sec. 
301.38-2 (a)(1) and (a)(2).
    Regulated article. Any article listed in Sec. 301.38-2 (a)(1) 
through (a)(3) of this subpart or otherwise designated as a regulated 
article in accordance with Sec. 301.38-2(a)(4) of this subpart.
    Seedling. Any plant of the genera Berberis, Mahoberberis, and 
Mahonia grown from seed and having less than 2 years' growth.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.
    Two years' growth. The growth of a plant during all growing seasons 
of 2 successive calendar years.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178, 
Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006]



Sec. 301.38-2  Regulated articles.

    (a) The following are regulated articles: \3\
---------------------------------------------------------------------------

    \3\ Permit and other requirements for the insterstate movement of 
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (1) All plants, seeds, fruits, and other plant parts capable of 
propagation from the following rust-resistant Berberis species and 
varieties.
 B. aggregataxB. wilsoniae 'Pirate King'
 B. 'Amstelveen'
 B. aridocalida
 B. beaniana
 B. buxifolia
 B. buxifolia nana
 B. calliantha
 B. candidula
 B. candidula 'Amstelveen'
 B. candidulaxB. verruculosa 'Amstelveen'
 B. cavallieri
 B. chenaulti
 B. chanaulti 'Apricot Queen'
 B. circumserrata
 B. concinna
 B. coxii
 B. darwini
 B. dasystachya
 B. dubia
 B. feddeana
 B. formosana
 B. franchetiana
 B. gagnepainii
 B. gagnepaini 'Chenault'
 B. gilgiana
 B. gladwynensis
 B. gladwynensis 'William Penn'
 B. gyalaica
 B. heterophylla
 B. horvathi
 B. hybrido-gagnepaini
 B. insignis

[[Page 25]]

 B. integerrima 'Wallichs Purple'
 B. julianae
 B. julianae 'Nana'
 B. julianae 'Spring Glory'
 B. koreana
 B. koreanaxB. thunbergii hybrid Bailsel
 B. koreanaxB. thunbergii hybrid Tara
 B. lempergiana
 B. lepidifolia
 B. linearifolia
 B. linearifolia var. 'Orange King'
 B. lologensis
 B. lologensis 'Mystery Fire'
 B. manipurana
 B. media 'Park Jewel'
 B. media 'Red Jewel'
 B. mentorensis
 B. pallens
 B. poirettii 'BJG 073', 'MTA'
 B. potanini
 B. Renton
 B. replicata
 B. sanguinea
 B. sargentiana
 B. sikkimensis
 B. soulieana 'Claret Cascade'
 B. stenophylla
 B. stenophylla diversifolia
 B. stenophylla gracilis
 B. stenophylla irwini
 B. stenophylla nana compacta
 B. taliensis
 B. telomaica artisepala
 B. thunbergii
 B. thunbergii 'Admiration'
 B. thunbergii 'Antares'
 B. thunbergii argenteo marginata
 B. thunbergii atropurpurea
 B. thunbergii atropurpurea erecta
 B. thunbergii atropurpurea erecta Marshalli
 B. thunbergii atropurpurea 'Golden Ring'
 B. thunbergii atropurpurea 'Intermedia'
 B. thunbergii atropurpurea 'Knight Burgundy'
B. thunbergii atropurpurea `Moretti Select'
 B. thunbergii atropurpurea nana
 B. thunbergii atropurpurea 'Redbird'
 B. thunbergii atropurpurea 'Rose Glow'
 B. thunbergii aurea
 B. thunbergii 'Aurea Nana'
 B. thunbergii 'Bagatelle'
 B. thunbergii 'Bailgreen' (Jade Carousel\TM\)
 B. thunbergii 'Bailone'
 B. thunbergii 'Bailone' (Ruby Carousel [reg])
 B. thunbergii 'Bailtwo'
 B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
 B. thunbergii 'Bonanza Gold'
 B. thunbergii 'Concorde'
 B. thunbergii 'Crimson Ruby'
 B. thunbergii 'Crimson Pygmy'
 B. thunbergii 'Criruzam' Crimson Ruby\TM\
 B. thunbergii 'Dwarf Jewell'
 B. thunbergii erecta
B. thunbergii `Fireball'
 B. thunbergii 'globe'
 B. thunbergii 'golden'
 B. thunbergii 'Golden Carpet'
 B. thunbergii 'Golden Devine'
 B. thunbergii 'Golden Pygmy'
 B. thunbergii 'Golden Rocket'
 B. thunbergii 'Golden Ruby'
 B. thunbergii 'Green Carpet'
 B. thunbergii 'Harlequin'
 B. thunbergii 'Helmond Pillar'
 B. thunbergii 'Kobold'
 B. thunbergii 'Lime Glow'
 B. thunbergii 'Lustre Green'
 B. thunbergii 'Maria'
 B. thunbergii maximowiczi
 B. thunbergii 'Midruzam' Midnight Ruby\TM\
 B. thunbergii minor
 B. thunbergii 'Monlers'
 B. thunbergii 'Monomb'
 B. thunbergii 'Monry'
B. thunbergii 'Orange Rocket'
 B. thunbergii 'Painter's Palette'
 B. thunbergii 'Pink Queen'
 B. thunbergii pluriflora
 B. thunbergii 'Pow Wow'
 B. thunbergii 'Red Carpet'
 B. thunbergii 'Red Rocket'
 B. thunbergii 'Rosy Rocket'
 B. thunbergii 'Royal Burgundy'
 B. thunbergii 'Royal Cloak'
 B. thunbergii 'Sparkle'
B. thunbergii `Sparkler'
 B. thunbergii 'Talago'
 B. thunbergii 'Thornless'
 B. thunbergii 'Tiny Gold'
 B. thunbergii 'Upright Jewell'
 B. thunbergii variegata
 B. thunbergii xanthocarpa
 B. thunbergiix'Bailsel' (Golden Carousel [reg])
 B. thunbergiix'Tara' (Emerald Carousel [reg])
 B. triacanthophora

[[Page 26]]

 B. triculosa
 B. verruculosa
 B. virgatorum
 B. workingensis
 B. xanthoxylon
 B.xcarminea 'Pirate King'
 B.xfrikartii 'Amstelveen'
    (2) All plants, seedlings, seeds, fruits, and other plant parts 
capable of propagation from the following rust-resistant Mahoberberis 
and Mahonia species and varieties, except Mahonia cuttings for 
decorative purposes:
    (i) Genus Mahoberberis:
 M. aqui-candidula
 M. aquifolium 'Smaragd'
 M. aqui-sargentiae
 M. miethkeana
 M.x'Magic'
    (ii) Genus Mahonia:
 M. amplectens
 M. aquifolium
 M. aquifolium atropurpurea
 M. aquifolium compacta
 M. aquifolium compacta 'John Muir'
 M. aquifolium 'Donewell'
 M. aquifolium 'Kings Ransom'
 M. aquifolium 'Orangee Flame'
 M. aquifolium 'Undulata'
 M. aquifolium 'Winter Sun'
 M. 'Arthur Menzies'
 M. bealei
 M. dictyota
 M. fortunei
 M. 'Golden Abundance'
 M. japonica
 M. japonicaxM. lomariifolia 'Charity'
 M. lomarifolia
 M. nervosa
 M. pinnata
 M. pinnata 'Ken Hartman'
 M. piperiana
 M. pumila
 M. repens
 M.xmedia 'Charity'
 M.xmedia 'Winter Sun'
    (3) All plants, seeds, fruits, and other plant parts capable of 
propagation from rust-susceptible species and varieties of the genera 
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for 
decorative purposes.
    (4) Any other product or article not listed in paragraphs (a)(1) 
through (a)(3) of this section that an inspector determines presents a 
risk of spread of black stem rust. The inspector must notify the person 
in possession of the product or article that it is subject to the 
provisions of this subpart.
    (b) A person may request that an additional rust-resistant variety 
be added to paragraph (a)(1) or (a)(2) of this section. The person 
requesting that a rust-resistant variety be added to paragraph (a)(1) or 
(a)(2) of this section must provide APHIS with a description of the 
variety, including a written description and color pictures that can be 
used by an inspector to clearly identify the variety and distinguish it 
from other varities.

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

[67 FR 8179, Feb. 22, 2002, as amended at 71 FR 5778, Feb. 3, 2006; 72 
FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007]



Sec. 301.38-3  Protected areas.

    (a) The Administrator may designate as a protected area in paragraph 
(d) of this section any State that has eradicated rust-susceptible 
plants of the genera Berberis, Mahoberberis, and Mahonia under the 
cooperative Federal-State eradication program. In addition, the State 
must employ personnel with responsibility for the issuance and 
withdrawal of certificates in accordance with Sec. 301.38-5, and 
maintain and enforce an inspection program under which every plant 
nursery within the State is inspected at least once each year to ensure 
that they are free of rust-susceptible plants. During the requisite 
nursery inspections, all nursery stock shall be examined to determine 
that it consists only of rust-resistant varieties of the genera 
Berberis, Mahoberberis, and Mahonia, and that the plants are true to 
type. Plants that do not meet this criteria must be destroyed.
    (b) The Administrator may designate as a protected area any county 
within a State, rather than the entire State, if areas within the State 
have eradicated rust-susceptible plants of the genera Berberis, 
Mahoberberis, and Mahonia under the cooperative Federal-State program, 
and;
    (1) The State employs personnel with responsibility for the issuance 
and withdrawal of certificates in accordance with Sec. 301.38-5;

[[Page 27]]

    (2) The State is enforcing restrictions on the intrastate movement 
of the regulated articles that are equivalent to those imposed by this 
subpart on the interstate movement of regulated articles, as determined 
by the Administrator; and
    (3) The State maintains and enforces an inspection program under 
which every plant nursery within the county is inspected at least once 
each year to ensure that plant nurseries within that area are free of 
rust-susceptible plants of the genera Berberis, Mahoberberis, and 
Mahonia. During the requisite nursery inspections, all nursery stock 
shall be examined to determine that it consists only of rust-resistant 
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that 
the plants are true to type. Plants that do not meet this criteria must 
be destroyed.
    (c) All seed used to propagate plants of the genera Berberis, 
Mahoberberis, and Mahonia in protected areas, and all seed used to 
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that 
are certified as rust-resistant for interstate movement into protected 
areas, must be produced at properties where a State inspector has 
verified that no wild or domesticated rust-susceptible plants are 
growing at or within one-half mile of the property.\4\
---------------------------------------------------------------------------

    \4\ Persons performing the inspections must be able to recognize 
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia. 
Inspectors must work side by side, 10 to 20 feet apart, and walk outward 
away from the property a distance of one-half mile measured from the 
edge of the property, and observe all plants growing in the half-mile 
band. The distance between the inspectors may vary within this range, 
depending upon the visibility of the plant growth. In areas with low 
brush and flat terrain, the inspectors may be the maximum distance of 20 
feet apart if they can observe all plants growing within 10 feet of 
them. In areas of high plant growth or hilly terrain, the inspectors 
must be closer together due to limited or obstructed visibility. 
Inspectors must observe all plants growing between themselves and the 
mid-point of the distance between themselves and the next inspector. 
This process must be repeated so that the entire band, measured from the 
border of the property to the circumference of an imaginary circle 
having the property as its mid-point, is visually inspected in this 
manner.
---------------------------------------------------------------------------

    (d) The following are designated as protected areas:
    (1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, 
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
    (2) The following counties in the State of Washington: Adams, 
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, 
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, 
Stevens, Walla Walla, Whitman, Yakima.
    (e) Each State that is a protected area or that encompasses a 
protected area must submit annually to the Administrator a written 
statement, signed by an inspector, assuring APHIS that all nursery 
inspections have been performed in accordance with this section. The 
statement must be submitted by January 1st of each year, and must 
include a list of the nurseries inspected and found free of rust-
susceptible plants.
    (f) The Administrator may remove a protected area from the list of 
designated protected areas in paragraph (d) of this section if he or she 
determines that it no longer meets the criteria of paragraph (a) or 
(b)(1) through (3) of this section. A hearing will be held to resolve 
any conflict as to any material fact. Rules of practice for the hearing 
shall be adopted by the Administrator.

[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 
57 FR 3118, Jan. 28, 1992; 71 FR 5778, Feb. 3, 2006]



Sec. 301.38-4  Interstate movement of regulated articles.

    (a) Non-protected areas. Interstate movement of regulated articles 
into or through any State or area that is not designated as a protected 
area under Sec. 301.38-3(d) is allowed without restriction under this 
subpart.
    (b) Protected areas. (1) Prohibited movement. The following 
regulated articles are prohibited from moving interstate into or through 
any protected area:
    (i) All rust-susceptible Berberis, Mahoberberis, and Mahonia plants, 
seeds, fruits, and other plant parts capable of propagation, except 
Mahonia cuttings for decorative purposes.

[[Page 28]]

    (ii) All seed-propagated plants of the Berberis species and 
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this 
subpart that are of less than 2 years' growth, and any seeds, fruits, 
and other plant parts capable of propagation from such plants.
    (2) Restricted movement. The following regulated articles may be 
moved interstate into or through a protected area with a certificate 
issued and attached in accordance with Sec. Sec. 301.38-5 and 301.38-7 
of this subpart:
    (i) Seed-propagated plants of at least 2 years' growth, clonally 
propagated plants of any age, seeds, fruits, and other plant parts 
capable of propagation of the Berberis species and varieties designated 
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
    (ii) Plants, seeds, fruits, and other plant parts capable of 
propagation of the Mahoberberis and Mahonia species and varieties 
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart.
    (c) An inspector may issue a limited permit to allow a regulated 
article not eligible for certification under Sec. 301.38-4(b)(2) to 
move interstate into or through a protected area to a specified 
destination that is stated in the permit and is outside the protected 
area, if the requirements of all other applicable Federal domestic plant 
quarantines are met. A regulated article moved interstate under a 
limited permit must be placed in a closed sealed container that prevents 
unauthorized removal of the regulated article, and that remains sealed 
until the regulated article reaches the final destination stated in the 
permit. At the final destination, the sealed container must be opened 
only in the presence of an inspector or with the authorization of an 
inspector obtained expressly for that shipment.
    (d) The United States Department of Agriculture may move any 
regulated article interstate into or through a protected area in 
accordance with the conditions determined necessary to prevent the 
introduction or spread of black stem rust in protected areas, as 
specified in a Departmental permit issued for this purpose.

[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002; 71 
FR 5778, Feb. 3, 2006]



Sec. 301.38-5  Assembly and inspection of regulated articles: issuance and cancellation of certificates.

    (a) Any person, other than a person authorized to issue certificates 
under paragraph (c) of this section, who desires to move interstate a 
regulated article that must be accompanied by a certificate under Sec. 
301.38-4(b), shall, as far in advance of the desired interstate movement 
as possible (and no less than 48 hours before the desired interstate 
movement), request an inspector \5\ to issue a certificate. To expedite 
the issuance of a certificate, an inspector may direct that the 
regulated articles be assembled in a manner that facilitates inspection.
---------------------------------------------------------------------------

    \5\ Services of an inspector may be requested by contacting a local 
APHIS office (listed in telephone directories under Animal and Plant 
Health Inspection Service (APHIS), Plant Protection and Quarantine). The 
addresses and telephone numbers of local offices may also be obtained by 
writing to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) An inspector may issue a certificate for the interstate movement 
of a regulated article if he or she:
    (1) Determines, upon examination, that the regulated article may be 
moved interstate in accordance with this subpart; and
    (2) Determines that the regulated article may be moved interstate in 
accordance with all other Federal domestic plant quarantines and 
regulations applicable to the regulated article.
    (c) Certificates for interstate movement of regulated articles may 
be issued by an inspector to a person operating under a compliance 
agreement for use with subsequent shipments of regulated articles to 
facilitate their movement. A person operating under a compliance 
agreement must make the determinations set forth in paragraph (b) of 
this section before shipping any regulated articles.
    (d) Any certificate that has been issued may be withdrawn by an 
inspector, orally or in writing, if he or she determines that the holder 
of the certificate has not complied with the conditions of this subpart 
for the use of the certificate. If the withdrawal is oral,

[[Page 29]]

the inspector will confirm the withdrawal and the reasons for the 
withdrawal, in writing, within 20 days of oral notification of the 
withdrawal. Any person whose certificate has been withdrawn may appeal 
the decision, in writing within 10 days after receiving written 
notification of the withdrawal. The appeal must state all of the facts 
and reasons upon which the person relies to show that the certificate 
was wrongfully withdrawn. A hearing will be held to resolve any conflict 
as to any material fact. An appeal shall be granted or denied, in 
writing, as promptly as circumstances allow, and the reasons for the 
decision shall be stated. In a non-protected area, appeal shall be made 
to the Administrator. The Administrator shall adopt rules of practice 
for the hearing. The certificate will remain withdrawn pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 
67 FR 8180, Feb. 22, 2002]



Sec. 301.38-6  Compliance agreements and cancellation.

    (a) Any State may enter into a written compliance agreement with any 
person who grows or handles regulated articles in a protected area, or 
moves interstate regulated articles from a protected area, under which 
that person agrees to comply with this subpart, to provide inspectors 
with information concerning the source of any regulated articles 
acquired each year, and to prevent the unauthorized use of certificates 
issued for future use under the compliance agreement.\6\
---------------------------------------------------------------------------

    \6\ In non-protected areas, compliance agreements may be arranged by 
contacting a local office of the Animal and Plant Health Inspection 
Service (APHIS), Plant Protection and Quarantine, or by writing to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) A compliance agreement may be cancelled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed, in writing, 
within 20 days of oral notification of the cancellation. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, within 10 days after receiving written notification of the 
cancellation. The appeal must state all of the facts and reasons upon 
which the person relies to show that the compliance agreement was 
wrongfully cancelled. A hearing will be held to resolve any conflict as 
to any material fact. An appeal shall be granted or denied, in writing, 
as promptly as circumstances allow, and the reasons for the decision 
shall be stated. In a non-protected area, appeal shall be made to the 
Administrator. The Administrator shall adopt rules of practice for the 
hearing. The compliance agreement will remain cancelled pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]



Sec. 301.38-7  Attachment and disposition of certificates.

    (a) The certificate required for the interstate movement of a 
regulated article must, at all times during the interstate movement, be 
attached to the outside of the container containing the regulated 
article except as follows:
    (1) The certificate may be attached to the regulated article itself 
if it is not in container; or
    (2) The certificate may be attached to the accompanying waybill or 
other shipping document if the regulated article is identified and 
described on the certificate or waybill.
    (b) The carrier must furnish the certificate to the consignee at the 
destination of the regulated article.



Sec. 301.38-8  Costs and charges.

    The services of an inspector \4\ during normal business hours, 
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without 
cost to persons requiring the services. The United States Department of 
Agriculture will not be responsible for any other costs or charges.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]

[[Page 30]]



                           Subpart_Gypsy Moth

    Source: 58 FR 39423, July 23, 1993, unless otherwise noted.



Sec. 301.45  Notice of quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Pursuant to the provisions of , sections 
411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 
7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby 
quarantines the States of Connecticut, Delaware, District of Columbia, 
Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New 
Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, 
Rhode Island, Vermont, Virginia, West Virginia, and Wisconsin in order 
to prevent the spread of the gypsy moth, Lymantria dispar (Linnaeus), a 
dangerous insect injurious to forests and shade trees and not 
theretofore widely prevalent or distributed within or throughout the 
United States; and establishes regulations governing the interstate 
movement from generally infested areas of the quarantined States of 
regulated articles and outdoor household articles defined in Sec. 
301.45-1.
    (b) Restrictions on the interstate movement of regulated articles 
and outdoor household articles. No common carrier or other person may 
move interstate from any generally infested area any regulated article 
or outdoor household article except in accordance with the conditions 
prescribed in this subpart.

[58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 
FR 38280, July 16, 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 
17, 2001]



Sec. 301.45-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Associated equipment. Articles associated and moved with mobile 
homes and recreational vehicles, such as, but not limited to, awnings, 
tents, outdoor furniture, trailer blocks, and trailer skirts.
    Bark. The tough outer covering of the woody stems of trees, shrubs, 
and other woody plants as distinguished from the cambium and inner wood.
    Bark products. Products containing pieces of bark including bark 
chips, bark nuggets, bark mulch, and bark compost.
    Certificate. A Plant Protection and Quarantine-approved form, stamp, 
or document issued and signed by an inspector, or by a qualified 
certified applicator or by any other person operating in accordance with 
a compliance agreement, affirming that a specified regulated article is 
eligible for interstate movement in accordance with this subpart.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart.
    Effectively diminishing. An eradication program is considered to be 
effectively diminishing the gypsy moth population of an area if the 
results of two successive annual Federal or State delimiting trapping 
surveys of the area conducted in accordance with Section II, ``Survey 
Procedures--Gypsy Moth,'' of the Gypsy Moth Treatment Manual show that 
the average number of gypsy moths caught per trap in the second 
delimiting survey (when comparable geographical areas and trapping 
densities are used) is: (1) Less than 10, and (2) less than the average 
number of gypsy moths caught per trap in the first survey.
    Eradication program. A program that uses pesticide application, 
biological controls, or other methods with the goal of eliminating gypsy 
moth from a particular area.
    General infestation. (1) The detection of gypsy moth egg masses 
through visual inspection by an inspector during a 10-minute walk 
through the area; however, it does not include the presence of

[[Page 31]]

gypsy moth egg masses which are found as a result of hitchhiking on 
transitory means of conveyance; or
    (2) The detection of gypsy moth through multiple catches of adult 
gypsy moths at multiple trapping locations in the area over a period of 
2 or more consecutive years, if the Administrator determines, after 
consulting with the State plant regulatory official, that gypsy moth is 
established in the area.
    Generally infested area. Any State, or portion thereof, listed as a 
generally infested area in Sec. 301.45-3 or temporarily designated as a 
generally infested area in accordance with Sec. 301.45-2(c).
    Gypsy moth. The live insect known as the gypsy moth, Lymantria 
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
    Inspector. Any employee of APHIS, a State government, or any other 
person, authorized by the Administrator in accordance with law to 
enforce the provisions of the quarantine and regulations in this 
subpart. A person operating under a compliance agreement is not an 
inspector.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or a person 
operating under a compliance agreement affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec. 301.45-5 only to the specified destination and 
only in accordance with the specified conditions.
    Mobile home. Any vehicle, other than a recreational vehicle, 
designed to serve, when parked, as a dwelling or place of business.
    Move (movement, moved). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``moved'' shall be construed in accordance with this 
definition.
    OHA document. The self-inspection checklist portion of USDA-APHIS 
Program Aid Number 1329, ``Don't Move Gypsy Moth,'' completed and signed 
by the owner of an outdoor household article (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 furniture and toys, recreational vehicles and associated 
equipment, and tents.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Qualified certified applicator. Any individual (1) certified 
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) (7 U.S.C. 136i) as a certified commercial applicator in a 
category allowing use of the restricted use pesticides Spray N Kill (EPA 
Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and 
acephate (Orthene [reg]); (2) who has attended and completed 
a workshop approved by the Administrator on the identification and 
treatment of gypsy moth life stages on outdoor household articles and 
mobile homes; and (3) who has entered into a compliance agreement in 
accordance with Sec. 301.45-6 of this part for the purpose of 
inspecting, treating, and issuing certificates for the movement of 
outdoor household articles and mobile homes.\1\
---------------------------------------------------------------------------

    \1\ Names of qualified certified applicators may be obtained from 
State departments of agriculture.
---------------------------------------------------------------------------

    Recreational vehicles. Highway vehicles, including pickup truck 
campers, one-piece motor homes, and travel trailers, designed to serve 
as temporary places of dwelling.
    Regulated articles. (1) Trees without roots (e.g., Christmas trees), 
trees with roots, and shrubs with roots and persistent woody stems, 
unless they are greenhouse grown throughout the year.
    (2) Logs, pulpwood, and bark and bark products.
    (3) Mobile homes and associated equipment.
    (4) Any other products, articles, or means of conveyance, of any 
character whatsoever, when it is determined by an inspector that any 
life stage of gypsy moth is in proximity to such articles and the 
articles present a high

[[Page 32]]

risk of artificial spread of gypsy moth infestation and the person in 
possession thereof has been so notified.
    State. Any State, Territory, or District of the United States 
including Puerto Rico.
    Treatment manual. The provisions currently contained in the Gypsy 
Moth Program Manual. \2\
---------------------------------------------------------------------------

    \2\ The Gypsy Moth Program Manual may be viewed on the Internet at 
http://www.aphis.usda.gov/ppq/manuals/online--manuals.html.
---------------------------------------------------------------------------

    Under the direction of. Monitoring treatments to assure compliance 
with the requirements in this subpart.
    Under the direct supervision of a qualified certified applicator. An 
inspection or treatment is considered to be applied under the direct 
supervision of a qualified certified applicator if the inspection or 
treatment is performed by a person acting under the instructions of a 
qualified certified applicator who is available if and when needed, even 
though such qualified certified applicator is not physically present at 
the time and place the inspection or treatment occurred.

[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994; 
67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, July 
19, 2006; 72 FR 70764, Dec. 13, 2007]



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

    (a) Generally infested areas. The Administrator shall list as 
generally infested areas in Sec. 301.45-3 each State or each portion 
thereof in which a gypsy moth general infestation has been found by an 
inspector, or each portion of a State which the Administrator deems 
necessary to regulate because of its proximity to infestation or its 
inseparability for quarantine enforcement purposes from infested 
localities; Except that, an area shall not be listed as a generally 
infested area if the Administrator has determined that:
    (1) The area is subject to a gypsy moth eradication program 
conducted by the Federal government or a State government in accordance 
with the Eradication, Suppression, and Slow the Spread alternative of 
the Final Environmental Impact Statement (FEIS) on Gypsy Moth 
Suppression and Eradication Projects that was filed with the United 
States Environmental Protection Agency on January 16, 1996; and,
    (2) State or Federal delimiting trapping surveys conducted in 
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the 
Gypsy Moth Treatment Manual show that the average number of gypsy moths 
caught per trap is less than 10 and that the trapping surveys show that 
the eradication program is effectively diminishing the gypsy moth 
population of the area.
    (b) Less than an entire State will be designated as a generally 
infested area only if the Administrator has determined that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and,
    (2) The designation of less than the entire State as a generally 
infested area will be adequate to prevent the artificial interstate 
spread of infestations of the gypsy moth.
    (c) Temporary designation of areas as generally infested areas. The 
Administrator or an inspector may temporarily designate any area in any 
State as a generally infested area in accordance with the criteria 
specified in paragraph (a) of this section. An inspector will give 
written notice of the designation to the owner or person in possession 
of the area and thereafter, the interstate movement of any regulated 
article from such areas is subject to the applicable provisions of this 
subpart. As soon as practicable, each generally infested area will be 
added to the list in Sec. 301.45-3 or the designation will be 
terminated by the Administrator or an authorized inspector, and notice 
thereof shall be given to the owner or person in possession of the 
areas.
    (d) Termination of designation as a generally infested area. The 
Administrator shall terminate the designation of any area as a generally 
infested area whenever the Administrator determines that the area no 
longer requires

[[Page 33]]

designation under the criteria specified in paragraph (a) of this 
section.

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



Sec. 301.45-3  Generally infested areas.

    (a) The areas described below are designated as generally infested 
areas:

                               Connecticut

    The entire State.

                                Delaware

    The entire State.

                          District of Columbia

    The entire district.

                                Illinois

Lake County. The entire county.

                                 Indiana

Allen County. The entire county.
De Kalb County. The entire county.
Elkhart County. The entire county.
LaGrange County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
Steuben County. The entire county.

                                  Maine

Androscoggin County. The entire county.
    Aroostook County. The townships of Bancroft, Benedicta, Crystal, 
Island Falls, Macwahoc Plantation, Molunkus, North Yarmouth Academy 
Grant, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston, 
and 1 R5 WELS.
Cumberland County. The entire county.
    Franklin County. The townships of Avon, Carthage, Chesterville, 
Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, 
Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount 
Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley 
Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, 
Washington, Weld, Wilton, Wyman, 6, D and E.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
    Oxford County. The townships of Adamstown, Albany, Andover, Andover 
North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, 
Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, 
Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower 
Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton 
Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, 
Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, 
Upton, Waterford, Woodstock, C, and C Surplus.
    Penobscot County. The townships of Alton, Argyle, Bangor City, 
Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, 
Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew 
Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, 
Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, 
Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, 
Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, Lagrange, 
Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, 
Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport, 
Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss 
Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, 
Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 
8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9 
NWP, 5 R1 NBPP, and 2 R8 WELS.
    Piscataquis County. The townships of Abbott, Atkinson, Barnard, 
Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, 
Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, 
Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, 
Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.
Sagadahoc County. The entire county.
    Somerset County. The townships of Anson, Athens, Bald Mountain, 
Bingham, Bowtown, Brighton Plantation,

[[Page 34]]

Cambridge, Canaan, Caratunk, Carrying Place, Carrying Place Town, 
Concord Plantation, Cornville, Dead River, Detroit, Embden, Fairfield, 
Harmony, Hartland, Highland Plantation, Lexington Plantation, Madison, 
Mayfield, Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, 
Palmyra, Pittsfield, Pleasant Ridge Plantation, Ripley, Skowhegan, 
Smithfield, Solon, St. Albans, Starks, The Forks Plantation, and West 
Forks Plantation.
Waldo County. The entire county.
Washington County. The entire county.
York County. The entire county.

                                Maryland

    The entire State.

                              Massachusetts

    The entire State.

                                Michigan

    The entire State.

                              New Hampshire

    The entire State.

                               New Jersey

    The entire State.

                                New York

    The entire State.

                             North Carolina

Currituck County. The entire county.
    Dare County. The area bounded by a line beginning at the 
intersection of State Road 1208 and Roanoke Sound; then easterly along 
this road to its junction with State Road 1206; then southerly along 
this road to its intersection with U.S. Highway Business 158; then 
easterly along an imaginary line to its intersection with the Atlantic 
Ocean; then northwesterly along the coastline to its intersection with 
the Dare-Currituck County line; then westerly along this county line to 
its intersection with the Currituck Sound; then southeasterly along this 
sound to the point of beginning.

                                  Ohio

Ashland County. The entire county.
Ashtabula County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
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.
Medina County. The entire county.
Monroe County. The entire county.
Morgan County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
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.
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.

[[Page 35]]

City of Chesapeake. The entire city.
City of Colonial Heights. The entire city.
City of Danville. The entire city.
City of Emporia. The entire city.
City of Fairfax. The entire city.
City of Falls Church. The entire city.
City of Franklin. The entire city.
City of Fredericksburg. The entire city.
City of Hampton. The entire city.
City of Harrisonburg. The entire city.
City of Hopewell. The entire city.
City of Lexington. The entire city.
City of Lynchburg. The entire city.
City of Manassas. The entire city.
City of Manassas Park. The entire city.
City of Newport News. The entire city.
City of Norfolk. The entire city.
City of Petersburg. The entire city.
City of Poquoson. The entire city.
City of Portsmouth. The entire city.
City of Richmond. The entire city.
City of 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.
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.
Fluvanna County. The entire county.
Frederick County. The entire county.
Giles County. The entire county.
Gloucester County. The entire county.
Goochland County. The entire county.
Greene County. The entire county.
Greensville County. The entire county.
Halifax County The entire county.
Hanover County. The entire county.
Henrico County. The entire county.
Highland County. The entire county.
Isle of Wight County. The entire county.
James City County. The entire county.
King and Queen County. The entire county.
King George County. The entire county.
King William County. The entire county.
Lancaster County. The entire county.
Loudoun County. The entire county.
Louisa County. The entire county.
Lunenburg County. The entire county.
Madison County. The entire county.
Mathews County. The entire county.
Mecklenburg County The entire county.
Middlesex County. The entire county.
Nelson County. The entire county.
New Kent County. The entire county.
Northampton County. The entire county.
Northumberland County. The entire county.
Nottoway County. The entire county.
Orange County. The entire county.
Page County. The entire county.
Pittsylvania County. The entire county.
Powhatan County. The entire county.
Prince Edward County. The entire county.
Prince George County. The entire county.
Prince William County. The entire county.
Rappahannock County. The entire county.
Richmond County. The entire county.
Roanoke County. The entire county.
Rockbridge County. The entire county.
Rockingham County. The entire county.
Shenandoah County. The entire county.
Southampton County. The entire county.
Spotsylvania County. The entire county.
Stafford County. The entire county.
Surry County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
Westmoreland County. The entire county.
York County. The entire county.

[[Page 36]]

                              West Virginia

Barbour County. The entire county.
Berkeley County. The entire county.
Braxton County. The entire county.
Brooke County. The entire county.
Calhoun County. The entire county.
Doddridge County. The entire county.
Gilmer County. The entire county.
Grant County. The entire county.
Greenbrier County. The entire county.
Hampshire County. The entire county.
Harrison County. The entire county.
Hancock County. The entire county.
Hardy County. The entire county.
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.
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.
Randolph County. The entire county.
Ritchie County. The entire county.
Taylor County. The entire county.
Tucker County. The entire county.
Tyler County. The entire county.
Upshur County. The entire county.
Webster County. The entire county.
Wetzel County. The entire county.
Wirt County. The entire county.
Wood County. The entire county.

                                Wisconsin

Adams County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Columbia County. The entire county.
Dane County. The entire county.
Dodge County. The entire county.
Door County. The entire county.
Florence County. The entire county.
Fond du Lac County. The entire county.
Forest County. The entire county.
Green Lake County. The entire county.
Jefferson County. The entire county.
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.
Oconto County. The entire county.
Oneida County. The entire county.
Outagamie County. The entire county.
Ozaukee County. The entire county.
Portage County. The entire county.
Racine County. The entire county.
Rock County. The entire county.
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, as amended at 59 FR 46902, Sept. 13, 1994; 
62 FR 29287, May 30, 1997; 62 FR 36646, July 9, 1997; 63 FR 25748, May 
11, 1998; 63 FR 38280, July 16, 1998; 64 FR 40510, July 27, 1999; 66 FR 
37114, July 17, 2001; 67 FR 41810, June 20, 2002; 69 FR 31723, June 7, 
2004; 71 FR 25064, Apr. 28, 2006; 71 FR 53547, Sept. 12, 2006; 71 FR 
66830, Nov. 17, 2006]



Sec. 301.45-4  Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.

    (a) Regulated articles and outdoor household articles from generally 
infested areas. (1) A regulated article, except for an article moved in 
accordance with paragraph (c) of this section, shall not be moved 
interstate from any generally infested area into or through any area 
that is not generally infested unless a certificate or permit has been 
issued and attached to such regulated article in accordance with 
Sec. Sec. 301.45-5 and 301.45-8. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (2) An outdoor household article shall not be moved interstate from 
any generally infested area into or through any area that is not 
generally infested unless a certificate or OHA document has been issued 
and attached to such outdoor household article in accordance with 
Sec. Sec. 301.45-5 and 301.45-8.

[[Page 37]]

    (b) A regulated article originating outside of any generally 
infested area may be moved interstate directly through any generally 
infested area without a certificate or permit if the point of origin of 
the article is clearly indicated by shipping documents, its identity has 
been maintained, and it has been safeguarded against infestation while 
in any generally infested area during the months of April through 
August. The articles must be safeguarded by a covering adequate to 
prevent access by any gypsy moth life stages.
    (c) A regulated article originating in a generally infested area may 
be moved interstate from a generally infested area without a certificate 
if it complies with (1) or (2) of this paragraph:
    (1) The article is moved by the U.S. Department of Agriculture for 
experimental or scientific purposes, and:
    (i) Is moved pursuant to a permit issued for each article by the 
Administrator;
    (ii) Is moved in accordance with conditions specified on the permit 
and found by the Administrator to be adequate to prevent the 
dissemination of the gypsy moth, i.e., conditions of treatment, 
processing, shipment, and disposal; and
    (iii) Is moved with a tag or label securely attached to the outside 
of the container containing the article or securely attached to the 
article itself if not in a container, and with such tag or label bearing 
a permit number corresponding to the number of the permit issued for 
such article.
    (2) The article is logs, pulpwood, or bark and bark products, and 
the person moving the article has attached a signed accurate statement 
to the waybill or other shipping documents accompanying the article 
stating that he or she has inspected the article in accordance with the 
Gypsy Moth Program Manual no more than 5 days prior to the date of 
movement and has found no life stages of gypsy moth on the article.

[58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71 
FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007]



Sec. 301.45-5  Issuance and cancellation of certificates, limited permits, and outdoor household article documents.

    (a) A certificate may be issued by an inspector for the movement of 
a regulated article or an outdoor household article (OHA) if the 
inspector determines that it is eligible for certification for movement 
to any destination under all Federal domestic plant quarantines 
applicable to such article and:
    (1) It has originated in noninfested premises in a generally 
infested area and has not been exposed to the gypsy moth while within 
the generally infested area; or
    (2) The inspector inspects the article no more than 5 days prior to 
the date of movement during the months of April through August (14 days 
prior to the date of movement from September through March) and finds it 
to be free of the gypsy moth; or
    (3) It has been treated under the direction of an inspector to 
destroy the gypsy moth in accordance with the treatment manual and part 
305 of this chapter; or
    (4) It has been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby as 
determined by an inspector.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of any regulated article under this subpart to 
specified destinations for specified handling, utilization, processing, 
or treatment in accordance with the treatment manual, when, upon 
evaluation of all of the circumstances involved in each case, the 
Administrator determines that such movement will not result in the 
spread of the gypsy moth because life stages of the moths will be 
destroyed by such specified handling, utilization, processing or 
treatment, or the pest will not survive in areas to which shipped, and 
the requirements of all other applicable Federal domestic plant 
quarantines have been met.
    (c) Certificate and limited permit forms may be issued by an 
inspector to any person for use for subsequent shipments of regulated 
articles provided

[[Page 38]]

the person is operating under a compliance agreement. Any person 
operating under a compliance agreement may reproduce the forms as needed 
to attach them to regulated articles moved under a compliance agreement. 
Any person operating under a compliance agreement may execute and issue 
the certificate forms or reproduction of such forms, for the interstate 
movement of regulated articles from the premises of such person 
identified in the compliance agreement, if the person has treated such 
regulated articles as specified in the compliance agreement, and if the 
regulated articles are eligible for certification for movement to any 
destination under all applicable Federal domestic plant quarantines. Any 
person operating under a compliance agreement may execute and issue the 
limited permit forms, or reproductions of such forms, for the interstate 
movement of regulated articles to specified destinations when an 
inspector has made the determinations specified in paragraph (b) of this 
section.
    (d) A certificate may be issued by a qualified certified applicator 
for the interstate movement of any outdoor household article or mobile 
home if such qualified certified applicator determines the following:
    (1) That the article has been inspected by the qualified certified 
applicator and found to be free of any life stage of the gypsy moth; or
    (2) That the article has been treated by, or treated under the 
direct supervision of, the qualified certified applicator to destroy any 
life stage of the gypsy moth in accordance with methods and procedures 
prescribed in section III of the Gypsy Moth Program Manual.
    (e) An OHA document may be issued by the owner of an outdoor 
household article for the interstate movement of the article if such 
person has inspected the outdoor household article and has found it to 
be free of any life stage of gypsy moth.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by an inspector if he determines that the holder 
thereof has not complied with any condition for the use of such 
document. The reasons for the withdrawal shall be confirmed in writing 
as promptly as circumstances permit. Any person whose certificate or 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within ten (10) days after receiving the written 
notification of the withdrawal. The appeal shall state all of the facts 
and reasons upon which the person relies to show that the certificate or 
permit was wrongfully withdrawn. The Administrator shall grant or deny 
the appeal, in writing, stating the reasons for his decision as promptly 
as circumstances permit. If there is a conflict as to any material fact, 
a hearing shall be held to resolve such conflict. Rules of practice 
concerning such a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
70 FR 33268, June 7, 2005]



Sec. 301.45-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Qualified 
certified applicators must enter into compliance agreements, in 
accordance with the definition of qualified certified applicator in 
Sec. 301.45-1. A compliance agreement shall specify safeguards 
necessary to prevent spread of the gypsy moth, such as disinfestation 
practices or application of chemical materials in accordance with the 
treatment manual and part 305 of this chapter. Compliance agreement 
forms may be obtained from the Administrator or an inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement, orally or in writing, whenever the 
inspector finds that such person has failed to comply with the 
conditions of the agreement. If the cancellation is oral, the decision 
and the reasons therefore shall be confirmed in writing, as promptly as 
circumstances permit. Any person whose compliance agreement has been 
canceled may appeal the decision in writing to the Administrator within 
ten

[[Page 39]]

(10) days after receiving written notification of the cancellation. The 
appeal shall state all of the facts and reasons upon which the person 
relies to show that the compliance agreement was wrongfully canceled. 
The Administrator shall grant or deny the appeal, in writing, stating 
the reasons for such decision, as promptly as circumstances permit. If 
there is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict. Rules of practice concerning such a hearing will 
be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
70 FR 33268, June 7, 2005]



Sec. 301.45-7  Assembly and inspection of regulated articles and outdoor household articles.

    Persons (other than those authorized to use certificates or limited 
permits, or reproductions thereof, under Sec. 301.45-5(c)) who desire 
to move interstate a regulated article which must be accompanied by a 
certificate or permit shall, at least 7 days before the desired 
movement, request an inspector to examine the article prior to movement. 
Persons who desire to move interstate an outdoor household article 
accompanied by a certificate issued in accordance with Sec. 301.45-5 
shall, at least 14 days before the desired movement, request an 
inspector to examine the article prior to movement. Persons who desire 
to move interstate an outdoor household article or a mobile home 
accompanied by a certificate issued by a qualified certified applicator 
in accordance with Sec. 301.45-5(d) shall request a qualified certified 
applicator to examine the article prior to movement. Such articles shall 
be assembled at such point and in such manner as the inspector or 
qualified certified applicator designates to facilitate inspection. An 
owner who wants to move outdoor household articles interstate may self-
inspect the articles and issue an OHA document in accordance with Sec. 
301.45-5(e).

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



Sec. 301.45-8  Attachment and disposition of certificates, limited permits, and outdoor household article documents.

    (a) A certificate, limited permit, or OHA document required for the 
interstate movement of a regulated article or outdoor household article 
must at all times during such movement be securely attached to the 
outside of the container containing the regulated article or outdoor 
household article, securely attached to the article itself if not in a 
container, or securely attached to the consignee's copy of the waybill 
or other shipping document: Provided, however, That the requirements of 
this section may be met by attaching the certificate, limited permit, or 
OHA document to the consignee's copy of the waybill or other shipping 
document only if the regulated article or outdoor household article is 
sufficiently described on the certificate, limited permit, OHA document 
or shipping document to identify such article.
    (b) The certificate, limited permit, or OHA document for the 
movement of a regulated article or outdoor household article shall be 
furnished by the carrier to the consignee at the destination of the 
shipment.
    (c) Any qualified certified applicator who issues a certificate or 
OHA document shall at the time of issuance send a copy of the 
certificate or OHA document to the APHIS State Plant Health Director for 
the State in which the document is issued.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
72 FR 70764, Dec. 13, 2007]



Sec. 301.45-9  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles, outdoor household articles, and gypsy moths as 
provided in sections 414, 421, and 434 of the Plant Protection Act (7 
U.S.C. 7714, 7731, and 7754).

[58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001]

[[Page 40]]



Sec. 301.45-10  Movement of live gypsy moths.

    Regulations requiring a permit for, and otherwise governing the 
movement of, live gypsy moths in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter.



Sec. 301.45-11  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.45-12  Disqualification of qualified certified applicator to issue certificates.

    (a) Any qualified certified applicator may be disqualified from 
issuing certificates by the Administrator if he determines that one of 
the following has occurred:
    (1) Such person is not certified by a State and/or the Federal 
government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a 
category allowing the application of restricted use pesticides.
    (2) Noncompliance with any of the provisions of this subpart or with 
stipulations agreed on in the compliance agreement between the certified 
applicator and the Administrator.
    (b) The disqualification is effective upon oral or written 
notification, whichever is earlier. The reasons for the disqualification 
shall be confirmed in writing as promptly as circumstances permit, 
unless contained in the written notification. Any qualified certified 
applicator who is disqualified from issuing certificates may appeal the 
decision in writing to the Administrator within ten (10) days after 
receiving written notification of the disqualification. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the disqualification was a wrongful action. The Administrator shall 
grant or deny the appeal, in writing, stating the reasons for his 
decision as promptly as circumstances permit. If there is a conflict as 
to any material fact, a hearing shall be held to resolve such conflict. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
72 FR 70764, Dec. 13, 2007]



                         Subpart_Japanese Beetle

    Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.48  Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.

    (a) Pursuant to the provisions of sections 411, 412, 414, 431, and 
434 of the Plant Protection Act ( 7 U.S.C. 7711, 7712, 7714, 7751, and 
7754), the Secretary of Agriculture heretofore determined after public 
hearing to quarantine the States of Alabama, Arkansas, Connecticut, 
Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, 
New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South 
Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and 
the District of Columbia in order to prevent the spread of the Japanese 
beetle, a dangerous insect injurious to cultivated crops and not 
theretofore widely prevalent or distributed within or throughout the 
United States.
    (b) No person shall move any regulated article interstate from any 
regulated airport destined to any of the following States except in 
accordance with the conditions prescribed in this subpart: Arizona, 
California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and 
Washington.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 
66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534, 
July 6, 2004; 71 FR 35493, June 21, 2006]



Sec. 301.48-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case

[[Page 41]]

may demand. The following terms, when used in this subpart shall be 
construed, respectively, to mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
moving regulated articles interstate, in which the person agrees to 
comply with the provisions of this subpart.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person, authorized by 
the Administrator to enforce the provisions of the quarantine and 
regulations in this subpart.
    Interstate. From any State into or through any other State.
    Japanese beetle. The live insect known as the Japanese beetle 
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa, 
or adult).
    Person. Any individual, corporation, company, partnership, society, 
or association, or other organized group of any of the foregoing.
    Regulated airport. Any airport or portions of an airport in a 
quarantined State declared regulated in accordance with provisions in 
Sec. 301.48-2 of this subpart.
    Regulated articles. Aircraft at or from regulated airports.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    State Plant Regulatory Official. The authorized official of a State 
who has responsibility for the operation of the State plant regulatory 
program.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 
70 FR 33268, June 7, 2005]



Sec. 301.48-2  Authorization to designate, and terminate designation of, regulated airports.

    (a) An inspector may declare any airport within a quarantined State 
to be a regulated airport when he or she determines that adult 
populations of Japanese beetle exist during daylight hours at the 
airport to the degree that aircraft constitute a threat to spread the 
Japanese beetle and aircraft destined for the States listed in Sec. 
301.48(b) may be leaving the airport.
    (b) An inspector shall terminate the designation provided for under 
paragraph (a) of this section when he or she determines that adult 
populations of Japanese beetle no longer exist at the airport to the 
degree that the aircraft pose a threat to spread the Japanese beetle.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-3  Notification of designation, and termination of designation, of regulated airports.

    Upon designating, or terminating the designation of, an airport as 
regulated, the inspector shall give written notice to the official in 
charge of the airport that the airport has been designated as a 
regulated airport or that the designation has been terminated. The 
inspector shall also give the same information in writing to the 
official at the airport in charge of each airline or the operator of any 
other aircraft, which will move a regulated article to any State 
designated in Sec. 301.48(b). The Administrator shall also give the 
same information to the State Plant Regulatory Official of each State 
designated in Sec. 301.48(b) to which any regulated article will move.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-4  Conditions governing the interstate movement of regulated articles from quarantined States.

    A regulated article may be moved interstate from a regulated airport 
to any State \1\ designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------

    \1\ Requirements under all other applicable Federal domestic plant 
quarantines must be met.
---------------------------------------------------------------------------

    (a) An inspector, upon visual inspection of the airport and/or the 
aircraft, determines that the regulated article does not present a 
threat to spread the Japanese beetle because adult beetle populations 
are not present; or

[[Page 42]]

    (b) The aircraft is opened and loaded only while it is enclosed 
inside a hangar that an inspector has determined to be free of and 
safeguarded against Japanese beetle; or
    (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 
a.m. only or lands and departs during those hours and, in either 
situation, is kept completely closed while on the ground during the 
hours of 7:00 a.m. to 8:00 p.m.; or
    (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 
p.m., the aircraft is inspected, treated, and safeguarded. Inspection, 
treatment, and safeguarding must be done either under a compliance 
agreement in accordance with Sec. 301.48-8 or under the direct 
supervision of an inspector. On a case-by-case basis, inspectors will 
determine which of the following conditions, and any supplemental 
conditions deemed necessary by the Administrator to prevent the spread 
of Japanese beetle, are required:
    (1) All openings of the aircraft must be closed or safeguarded 
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by 
other means approved by the Administrator.
    (2) All cargo containers that have not been safeguarded in a 
protected area must be inspected immediately prior to and during the 
loading process. All personnel must check their clothing immediately 
prior to entering the aircraft. All Japanese beetles found must be 
removed and destroyed.
    (3) All areas around doors and hatches or other openings in the 
aircraft must be inspected prior to removing the exclusionary devices. 
All Japanese beetles found must be removed and destroyed. All doors and 
hatches must be closed immediately after the exclusionary devices are 
moved away from the aircraft.
    (4) Aircraft must be treated in accordance with part 305 of this 
chapter no more than 1 hour before loading. Particular attention should 
be paid to the ball mat area and the holes around the main entrance. The 
aircraft must then be aerated under safeguard conditions as required by 
part 305 of this chapter.
    (5) Aircraft treatment records must be maintained by the applicator 
completing or supervising the treatment for a period of 2 years. These 
records must be provided upon request for review by an inspector. 
Treatment records shall include the pesticide used, the date of 
application, the location where the pesticide was applied (airport and 
aircraft), the amount of pesticide applied, and the name of the 
applicator.
    (6) When a designated aircraft is replaced with an alternate one 
just prior to departure (the procedure known as ``tail swapping''), the 
alternate aircraft must be inspected and all Japanese beetles must be 
removed. The aircraft must be safeguarded by closing all openings and 
hatches or by equipping the aircraft with exclusionary devices until the 
aircraft is ready for use. During loading, all treatment and safeguard 
requirements applicable to regularly scheduled aircraft must be 
implemented.
    (7) Aircraft may be retreated in the noninfested State if live 
Japanese beetles are found.
    (8) Notification of unscheduled commercial flights and of all 
military flights must be given at least 1 hour before departure to the 
appropriate person in the destination airport of any of the States 
listed in Sec. 301.48(b). Notification of arriving military flights 
should also be given to base commanders to facilitate the entrance of 
Federal and/or State inspectors onto the base if necessary.

[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996; 70 
FR 33268, June 7, 2005]



Sec. 301.48-5  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of or require disposal of 
regulated articles and Japanese beetles as provided in sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 
in accordance with instructions issued by the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 
66 FR 21051, Apr. 27, 2001]

[[Page 43]]



Sec. 301.48-6  Movement of live Japanese beetles.

    Regulations requiring a permit for and otherwise governing the 
movement of live Japanese beetles in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]



Sec. 301.48-7  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart other than for the services 
of the inspector.



Sec. 301.48-8  Compliance agreements and cancellation.

    (a) Any person engaged in the business of moving regulated articles 
may enter into a compliance agreement to facilitate the movement of such 
articles under this subpart. Any person who enters into a compliance 
agreement, and employees or agents of that person, must allow an 
inspector access to all records regarding treatment of aircraft and to 
all areas where loading, unloading, and treatment of aircraft occurs.
    (b) A compliance agreement may be canceled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed in writing within 
20 days of oral notification. Any person whose compliance agreement has 
been canceled may appeal the decision, in writing, to the Administrator 
within 10 days after receiving written notification of the cancellation. 
The appeal must state all of the facts and reasons upon which the person 
relies to show that the compliance agreement was wrongfully canceled. A 
hearing will be held to resolve any conflict as to any material fact. 
The Administrator shall adopt rules of practice for the hearing. An 
appeal shall be granted or denied, in writing, as promptly as 
circumstances allow, and the reasons for the decision shall be stated. 
The compliance agreement will remain canceled pending the decision on 
the appeal.

[61 FR 32641, June 25, 1996]



                        Subpart_Pine Shoot Beetle

    Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.



Sec. 301.50  Restrictions on interstate movement of regulated articles.

    Regulated articles may be moved interstate from any quarantined area 
only in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance; and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66 
FR 21051, Apr. 27, 2001]



Sec. 301.50-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector, or person operating 
under a compliance agreement, affirms that a specified regulated article 
is free of pine shoot beetle and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart.
    Infestation. The presence of the pine shoot beetle or the existence 
of circumstances that make it reasonable to believe that the pine shoot 
beetle is present.

[[Page 44]]

    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual, authorized by the Administrator to enforce 
this subpart.
    Interstate. From any State into or through any other State.
    Limited permit (permit). A document in which an inspector, or person 
operating under a compliance agreement, affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec. 301.50-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Pine bark products. Pieces of pine bark including bark chips, bark 
nuggets, bark mulch and bark compost.
    Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted 
trees, including dug (balled and burlaped) Christmas trees, and 
ornamental pine, such as bonsai.
    Pine shoot beetle. The insect known as pine shoot beetle, Tomicus 
piniperda (Linnaeus), in any stage of development.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.50-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.50-2 (a) or (b) 
of this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.50-2(c) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 71 
FR 13925, Mar. 20, 2006]



Sec. 301.50-2  Regulated articles.

    The following are regulated articles:
    (a) Pine products (Pinus spp.), as follows: Bark products; Christmas 
trees; logs with bark attached; lumber with bark attached; nursery 
stock; raw pine materials for pine wreaths and garlands; and stumps.
    (b) Any article, product, or means of conveyance not covered by 
paragraph (a) of this section, that presents a risk of spread of the 
pine shoot beetle and that an inspector notifies the person in 
possession of it is subject to the restrictions of this subpart.

[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65 
FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006]



Sec. 301.50-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area, in paragraph (c) of 
this section, each State, or each portion of a State, in which the pine 
shoot beetle has been found by an inspector, in which the Administrator 
has reason to believe that the pine shoot beetle is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the pine shoot beetle has been found. Less than an entire State 
will be designated as a quarantined area only if the Administrator 
determines that:
    (1) The State has adopted and is enforcing a quarantine and 
regulations that impose restrictions on the intrastate movement of the 
regulated articles that are equivalent to those imposed by this subpart 
on the interstate movement of these articles; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the pine shoot beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section. The 
Administrator will give a copy of this regulation along with a written 
notice of this temporary designation to the owner or person in 
possession of the nonquarantined area; thereafter, the interstate 
movement of any regulated article from an area temporarily designated as 
a quarantined area is subject to this subpart.

[[Page 45]]

As soon as practicable, this area will be added to the list in paragraph 
(c) of this section, or the designation will be terminated by the 
Administrator or an inspector. The owner or person in possession of an 
area for which designation is terminated will be given notice of the 
termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                               Connecticut

The entire State.

                                Illinois

Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess County. The entire county.
Kane County. The entire county.
Kankakee County. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston County. The entire county.
Macon County. The entire county.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.
Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Whiteside County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Woodford County. The entire county.

                                 Indiana

Adams County. The entire county.
Allen County. The entire county.
Bartholomew County. The entire county.
Benton County. The entire county.
Blackford County. The entire county.
Boone County. The entire county.
Brown County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
Clinton County. The entire county.
Dearborn County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Grant County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hendricks County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington County. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Jennings County. The entire county.
Johnson County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Owen County. The entire county.
Park County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley County. The entire county.
Rush County. The entire county.
Shelby County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe County. The entire county.
Tipton County. The entire county.
Union County. The entire county.
Vermillion County. The entire county.
Vigo County. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White County. The entire county.
Whitley County. The entire county.

                                  Iowa

The entire State.

[[Page 46]]

                                  Maine

Franklin County. The entire county.
Oxford County. The entire county.

                                Maryland

Allegany County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Montgomery County. The entire county.
Washington County. The entire county.

                              Massachusetts

The entire State.

                                Michigan

The entire State.

                                Minnesota

The entire State.

                              New Hampshire

The entire State.

                               New Jersey

Bergen County. The entire county.
Cumberland County. The entire county.
Hunterdon County. The entire county.
Morris County. The entire county.
Passaic County. The entire county.
Somerset County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.

                                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.
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.
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.
Wyoming County. The entire county.
Yates County. The entire county.

                                  Ohio

Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Athens County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Butler County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Clark County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Darke County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Gallia County. The entire county.
Geauga County. The entire county.
Greene County. The entire county.
Guernsey County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Highland County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Lawrence County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Madison County. The entire county.
Mahoning County. The entire county.

[[Page 47]]

Marion County. The entire county.
Medina County. The entire county.
Meigs County. The entire county.
Mercer County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Morrow County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Pickaway County. The entire county.
Pike County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Ross County. The entire county.
Sandusky County. The entire county.
Scioto County. The entire county.
Seneca County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Vinton County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.

                              Pennsylvania

The entire State.

                              Rhode Island

The entire State

                                 Vermont

The entire State.

                                Virginia

Clarke County. The entire county.

                              West Virginia

The entire state.

                                Wisconsin

    The entire State.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 
30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 
2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 
1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999; 65 FR 37842, 
June 19, 2000; 66 FR 37403, July 18, 2001; 66 FR 46692, Sept. 6, 2001; 
67 FR 41308, June 18, 2002; 69 FR 244, Jan. 5, 2004; 69 FR 31725, June 
7, 2004; 70 FR 30330, May 26, 2005; 71 FR 29762, May 24, 2006; 71 FR 
58245, Oct. 3, 2006; 72 FR 6435, Feb. 12, 2007; 72 FR 34163, June 21, 
2007]



Sec. 301.50-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.50-5 and 301.50-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1)(i) The regulated article originates outside any quarantined area 
and is moved through the quarantined area without stopping (except for 
dropoff loads, refueling, or traffic conditions, such as traffic lights 
or stop signs) during October, November, or December, or when ambient 
air temperature is below 10 [deg]C (50 [deg]F); or
    (ii) The regulated article originates outside any quarantined area 
and, during the period of January through September, is moved through 
the quarantined area at a temperature higher than 10 [deg]C (50 [deg]F), 
if the article is shipped in an enclosed vehicle or completely covered 
(such as with plastic, canvas, or other closely woven cloth) so as to 
prevent access by the pine shoot beetle; and
    (2) The point of origin of the regulated article is indicted on the 
waybill.
    (c) With a limited permit issued by the Administrator if the 
regulated article is moved:

[[Page 48]]

    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Under conditions, specified on the permit, which the 
Administrator has found to be adequate to prevent the spread of the pine 
shoot beetle; and
    (3) With a tag or label, bearing the number of the permit issued for 
the regulated article, attached to the outside of the container of the 
regulated article or attached to the regulated article itself, if the 
regulated article is not in a container.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]



Sec. 301.50-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate will be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting the 
local offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.50-10 of this subpart, or, if 
pine bark products, produced according to the requirements of the 
management method in Sec. 301.50-10(d) of this subpart; or
    (ii) Based on inspection of the premises of origin, if the regulated 
article is a greenhouse-grown pine (such as bonsai), that the greenhouse 
is free from the pine shoot beetle and is screened to prevent entry of 
the pine shoot beetle; or
    (iii) Based on inspection of the regulated article, if the regulated 
article is a pine seedling or a pine transplant and is no greater than 
36 inches high with a bole diameter at soil level of 1 inch or less, 
that it is free from the pine shoot beetle; or
    (iv) Based on inspection by an inspector (branch tip-by-branch tip) 
of pine nursery stock, that it is free from the pine shoot beetle; or
    (v) If the regulated article is a pine log with bark attached or 
pine lumber with bark attached or a pine stump, that its source tree has 
been felled during the period of July 1 through October 31 or if the 
regulated article is pine bark products produced from a tree felled and 
debarked during the period of July 1 through October 31; and
    (2)(i) The regulated article will be moved through the quarantined 
area during October, November, or December, or when the ambient air 
temperature is below 10 [deg]C (50 [deg]F); or
    (ii) The regulated article will be moved through the quarantined 
area during the period of January through September, if the ambient air 
temperature is 10 [deg]C (50 [deg]F) or higher, in an enclosed vehicle 
or completely enclosed by a covering adequate to prevent access by the 
pine shoot beetle; or
    (iii) The pine log with pine bark attached, pine lumber with bark 
attached, or pine stump from a tree felled during the period of July 1 
through October 31, or the pine bark products produced from a tree 
felled and debarked during the period of July 1 through October 31, will 
be shipped interstate from the quarantined area during the period of 
July 1 through October 31 of the same year in which the source tree was 
felled; and
    (3) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the pine 
shoot beetle; and
---------------------------------------------------------------------------

    \4\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated articles.
    (b) An inspector \5\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (1)(i) The regulated article is to be moved interstate to a 
specified destination for specified handling, processing,

[[Page 49]]

or utilization (the destination and other conditions to be listed in the 
limited permit), and this interstate movement will not result in the 
spread of the pine shoot beetle. If the regulated article is part of a 
shipment of pine Christmas trees, the inspector will make a pest-risk 
determination on the basis of an inspection conducted in accordance with 
Sec. 301.50-5(c) of this paragraph; or
    (ii) The regulated article is to be moved interstate from a 
quarantined area to a quarantined area and will transit any non-
quarantined area in an enclosed vehicle or completely enclosed by a 
covering adequate to prevent access by the pine shoot beetle; and
    (2) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) to prevent the spread of the pine shoot 
beetle; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) The number of pine Christmas trees randomly selected for 
inspection is determined by the size and type of shipment, in accordance 
with the following tables. If a shipment mixes painted and natural 
trees, the inspection procedure for painted trees will apply.

       Table 1--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-72...........................      All  701-800..............      120
73-100.........................       73  801-900..............      121
101-200........................       96  901-1,000............      122
201-300........................      106  1,001-2,000..........      126
301-400........................      111  2,001-3,000..........      127
401-500........................      115  3,001-5,000..........      128
501-600........................      117  5,001-10,000.........      129
601-700........................      119  10,001 or more.......      130
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''


            Table 2--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-57...........................      All  501-600..............       80
58-100.........................       58  601-700..............       81
101-200........................       69  701-1,000............       82
201-300........................       75  1,001-3,000..........       84
301-400........................       77  3,001-10,000.........       85
401-500........................       79  10,001 or more.......       86
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''

    (d) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section. A person operating under a compliance 
agreement may issue a limited permit for interstate movement of a 
regulated article when an inspector has determined that the regulated 
article is eligible for a limited permit in accordance with paragraph 
(b) of this section.
    (e) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally, or in writing, if he or she determines 
that the holder of the certificate or limited permit has not complied 
with all conditions under this subpart for the use of the certificate or 
limited permit. If the withdrawal is oral, the withdrawal and the 
reasons for the withdrawal shall be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit has 
been withdrawn may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification of the 
withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the

[[Page 50]]

decision. A hearing will be held to resolve any conflict as to any 
material fact. Rules of practice concerning such a hearing will be 
adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 
30, 1994; 66 FR 21051, Apr. 27, 2001; 71 FR 13925, Mar. 20, 2006]



Sec. 301.50-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation shall be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision. A hearing will be held to 
resolve any conflict as to any material fact. Rules of practice 
concerning such a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 
59 FR 67608, Dec. 30, 1994]



Sec. 301.50-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.50-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector,\7\ at least 48 hours in advance of the 
desired interstate movement.
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must be attached, at all times during 
the interstate movement, to the outside of the container containing the 
regulated article, or to the regulated article itself, if not in a 
container. The requirements of this section may also be met by attaching 
the certificate or limited permit to the consignee's copy of the 
waybill, provided the regulated article is sufficiently described on the 
certificate or limited permit and on the waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.

[[Page 51]]



Sec. 301.50-10  Treatments and management method.

    (a) Fumigation is authorized for use on pine logs with bark 
attached, pine lumber with bark attached, pine bark products, and pine 
stumps, as follows: Logs, lumber, and stumps may be treated with methyl 
bromide at normal atmospheric pressure with 48 g/m\3\ (3 lb/1000 ft\3\) 
for 16 hours at 21 [deg]C (70 [deg]F) or above, or 80 g/m\3\ (5 lb/1000 
ft\3\) for 16 hours at 4.5 - 20.5 [deg]C (40 - 69 [deg]F.).
    (b) Cold treatment is authorized for cut pine Christmas trees, pine 
nursery stock, and raw pine materials for pine wreaths and garlands as 
follows: The regulated articles must be loaded into a refrigeration unit 
and held at -20.6 [deg]C (-5 [deg]F) for one hour; the period before the 
refrigeration unit reaches the specified temperature is not part of the 
treatment period.
    (c) Any one of these fumigation treatments is authorized for use on 
cut pine Christmas trees and raw pine materials for pine wreaths and 
garlands. Cut pine Christmas trees and raw pine materials for pine 
wreaths and garlands may be treated with methyl bromide at normal 
atmospheric pressure as follows:

----------------------------------------------------------------------------------------------------------------
                                                Dosage:                 Concentration readings: ounces per 1000
                                              pounds per   Exposure:                   feet \3\
                 Temperature                   1000 feet     hours   -------------------------------------------
                                                  \3\                   2.0 hr     3.0 hr     3.5 hr     4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49 [deg]F................................         4.0         4.0         57         --         --         48
50-59 [deg]F................................         4.0         3.5         57         --         48         --
50-59 [deg]F................................         3.5         4.0         50         --         --         42
60 [deg]F+..................................         4.0         3.0         57         48         --         --
60 [deg]F+..................................         3.0         4.0         43         --         --        36
----------------------------------------------------------------------------------------------------------------
Note: APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects
  of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of
  phytotoxic effects.

    (d) Management method for pine bark products. The following 
procedures are authorized for use with pine bark products derived from 
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P. 
resinosa), and jack pine (P. banksiana) trees. Pine bark products will 
only be considered to have been produced in accordance with this 
management method if the following procedures are followed:
    (1) For pine bark products produced from trees felled during the 
period November 1 through March 31:
    (i) The trees must be harvested at a height of 4 inches or more 
above the duff line; and
    (ii) The trees must have been mechanically debarked with a ring 
debarker or a Rosser head debarker; and
    (iii) For Scotch pine, red pine, and jack pine, the bark must either 
be ground into pieces of 1 inch or less in diameter or composted in 
accordance with the procedure in paragraph (d)(3) of this section.
    (2) For pine bark products produced from trees felled during the 
period April 1 through June 30:
    (i) The trees must have been mechanically debarked with a ring 
debarker or a Rosser head debarker; and
    (ii) The bark must either be ground into pieces of 1 inch or less in 
size or composted in accordance with the procedure in paragraph (d)(3) 
of this section.
    (3) Composting for pine bark products for the management method in 
this paragraph (d) must be performed as follows:
    (i) The pile of pine bark to be composted must be at least 200 cubic 
yards in size; and
    (ii) The compost pile must remain undisturbed until the interior 
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or 
over that temperature for 4 consecutive days; and
    (iii) After the 4-day period is completed, the outer layer of the 
compost pile must be removed to a depth of 3 feet; and
    (iv) A second compost pile must be started using the cover material 
previously removed as a core. Core material must be removed from the 
first pile and used to cover the second compost pile to a depth of 3 
feet; and

[[Page 52]]

    (v) The second compost pile must remain undisturbed until the 
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and 
remains at or over that temperature for 4 consecutive days. After this 
4-day period, the composting procedure is complete.
    (vi) Previously composted material generated using this procedure 
may be used as cover material for subsequent compost piles. A compost 
pile that uses previously composted material must remain undisturbed 
until the interior temperature of the pile reaches 120 [deg]F (49 
[deg]C) and remains at or over that temperature for 4 consecutive days. 
After this 4-day period, the composting procedure is complete.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781, 
Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006]



                     Subpart_Asian Longhorned Beetle

    Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.



Sec. 301.51-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Asian longhorned beetle. The insect known as Asian longhorned beetle 
(Anoplophora glabripennis) in any stage of development.
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.51-5(a).
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Infestation. The presence of the Asian longhorned beetle in any life 
stage.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to enforce 
the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that the 
regulated article not eligible for a certificate is eligible for 
interstate movement only to a specified destination and in accordance 
with conditions specified on the permit.
    Moved (movement, move). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.51-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.51-2(a) of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec. 301.51-2(b) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.51-2  Regulated articles.

    The following are regulated articles:
    (a) Firewood (all hardwood species), and green lumber and other 
material living, dead, cut, or fallen, inclusive of nursery stock, logs, 
stumps, roots, branches, and debris of half an inch or more in diameter 
of the following genera: Acer (maple), Aesculus (horse chestnut), 
Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), 
Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain 
ash), and Ulmus (elm).
    (b) Any other article, product, or means of conveyance not covered 
by paragraph (a) of this section if an inspector determines that it 
presents a

[[Page 53]]

risk of spreading Asian longhorned beetle and notifies the person in 
possession of the article, product, or means of conveyance that it is 
subject to the restrictions of this subpart.

[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997; 68 
FR 26985, May 19, 2003]



Sec. 301.51-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section, each State or each portion of a State in which the Asian 
longhorned beetle has been found by an inspector, in which the 
Administrator has reason to believe that the Asian longhorned beetle is 
present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities where Asian longhorned beetle has been found. Less than an 
entire State will be designated as a quarantined area only if the 
Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated articles that are equivalent to those 
imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than an entire State as a quarantined 
area will be adequate to prevent the artificial interstate spread of the 
Asian longhorned beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraph (a) of this section. The Administrator 
will give written notice of this designation to the owner or person in 
possession of the nonquarantined area, or, in the case of publicly owned 
land, to the person responsible for the management of the nonquarantined 
area. Thereafter, the interstate movement of any regulated article from 
an area temporarily designated as a quarantined area is subject to this 
subpart. As soon as practicable, this area either will be added to the 
list of designated quarantined areas in paragraph (c) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (c) The following areas are designated as quarantined areas:

                               New Jersey

    Middlesex and Union Counties. That portion of the counties, 
including the municipalities of Roselle, Elizabeth City, Linden, 
Carteret, Woodbridge, Rahway, and Clark, that is bounded by a line drawn 
as follows: Beginning at the intersection of Locust Street (County Road 
619) and West Grand Avenue (Union County 610) in Roselle, NJ; then east 
on West Grand Avenue to Chilton Street; then south on Chilton Street to 
South Street; then east on South Street to Broad Street; then south on 
Broad Street to Summer Street; then east on Summer Street to the 
Elizabeth River; then east along the Elizabeth River to the Arthur Kill; 
then south along the Arthur Kill (New Jersey and New York State border) 
to the point where Roosevelt Avenue (State Route 602) meets the Arthur 
Kill in Carteret, NJ; then south along Roosevelt Avenue to Port Reading 
Avenue (State Route 604); then west southwest along Port Reading Avenue 
to the Conrail railroad; then north and west along the Conrail railroad 
right-of-way to the NJ Transit railroad right-of-way; then north and 
northwest along the NJ Transit railroad right-of-way to the south branch 
of the Rahway River; then west along the south branch of the Rahway 
River to St. Georges Avenue (State Highway 27); then north along St. 
Georges Avenue to its intersection with the eastern border of Rahway 
River Park (Union County Park); then north along the eastern border of 
Rahway River Park to the intersection of Valley Road and Union County 
Parkway; then north along Union County Parkway to North Stiles Street; 
then northwest along North Stiles Street to Raritan Road; then northeast 
along Raritan Road to the perpendicular intersection of Raritan Road and 
the Cranford/Linden township border (144 Raritan Road); then north along 
the Cranford/Linden border to Myrtle Street; then east along Myrtle 
Street to the intersection of Amsterdam Avenue and Wood Avenue; then 
southeast along Wood Avenue to 5th Avenue; then northeast along 5th 
Avenue to Locust Street; then north along Locust Street to the point of 
beginning.

                                New York

    New York City. (1) That area in the boroughs of Manhattan, Brooklyn, 
and Queens in the City of New York that is bounded by

[[Page 54]]

a line beginning at the point where the Brooklyn Battery Tunnel 
intersects the Manhattan shoreline of the East River; then west and 
north along the shoreline of the Hudson River to Martin Luther King Jr. 
Boulevard; then east on Martin Luther King Jr. Boulevard and across the 
Triborough Bridge to its intersection with the west shoreline of 
Randall's and Wards Island; then east and south along the shoreline of 
Randall's and Wards Island to its intersection with the Triborough 
Bridge; then east along the Triborough Bridge to its intersection with 
the Queens shoreline; then north and east along the Queens shoreline to 
its intersection with the City of New York/Nassau County line; then 
southeast along the City of New York/Nassau County line to its 
intersection with the Grand Central Parkway; then west on the Grand 
Central Parkway to the Jackie Robinson Parkway; then west on the Jackie 
Robinson Parkway to Park Lane; then south on Park Lane to Park Lane 
South; then south and west on Park Lane South to 112th Street; then 
south on 112th Street to Atlantic Avenue; then west on Atlantic Avenue 
to 106th Street; then south on 106th Street to Liberty Avenue; then west 
on Liberty Avenue to Euclid Avenue; then south on Euclid Avenue to 
Linden Boulevard; then west on Linden Boulevard to Canton Avenue; then 
west on Canton Avenue to the Prospect Expressway; then north and west on 
the Prospect Expressway to the Gowanus Expressway; then north and west 
on the Gowanus Expressway to Hamilton Avenue and the Brooklyn Battery 
Tunnel; then north on Hamilton Avenue and the Brooklyn Battery Tunnel 
across the East River to the point of beginning.
    (2) That area in the Borough of Richmond in the City of New York 
bounded by a line drawn as follows: Beginning at a point on the New 
York/New Jersey State line due north of the intersection of Richmond 
Terrace and South Avenue; then south from that point to the intersection 
of South Avenue and Richmond Terrace; then south on South Avenue to Fahy 
Avenue; then east on Fahy Avenue to Arlene Street; then south on Arlene 
Street until it becomes Park Drive North; then south on Park Drive North 
to Rivington Avenue; then east on Rivington Avenue to Mulberry Avenue; 
then south on Mulberry Avenue to Travis Avenue; then northwest on Travis 
Avenue to the point where it crosses Main Creek; then south along the 
west shoreline of Main Creek to Fresh Kills Creek; then west along the 
north shoreline of Fresh Kills Creek to Little Fresh Kills Creek; then 
west along the north shoreline of Little Fresh Kills Creek to the Arthur 
Kill; then west to the New York/New Jersey State line in the Arthur 
Kill; then north along the New York/New Jersey State line to the point 
of beginning.
    Nassau and Suffolk Counties. That area in the villages of 
Amityville, West Amityville, North Amityville, Babylon, West Babylon, 
Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa; 
in the towns of Oyster Bay and Babylon; in the counties of Nassau and 
Suffolk that is bounded as follows: Beginning at a point where West Main 
Street intersects the west shoreline of Carlis Creek; then west along 
West Main Street to Route 109; then north along Route 109 to Arnold 
Avenue; then northwest along Arnold Avenue to Albin Avenue; then west 
along Albin Avenue to East John Street; then west along East John Street 
to Wellwood Avenue; then north along Wellwood Avenue to the Southern 
State Parkway; then west along the Southern State Parkway to Broadway; 
then south along Broadway to Hicksville Road; then south along 
Hicksville Road to Division Avenue; then south along Division Avenue to 
South Oyster Bay; then east along the shoreline of South Oyster Bay to 
Carlis Creek; then along the west shoreline of Carlis Creek to the point 
of beginning.
    That area in the villages of Bayshore, East Islip, Islip, and Islip 
Terrace in the Town of Islip, in the County of Suffolk, that is bounded 
as follows: Beginning at a point where Route 27A intersects Brentwood 
Road; then east along Route 27A to the Southern State Parkway Heckscher 
Spur; then north and west along the Southern State Parkway Heckscher 
Spur to Carleton Avenue; then north along Carleton Avenue to the 
southern boundary of the New York Institute of Technology; then west 
along the southern boundary of the New York Institute of Technology 
through its intersection with Wilson Boulevard to Pear Street; then west 
along Pear Street through its intersection with Freeman Avenue to Riddle 
Street; then west along Riddle Street to Broadway; then south along 
Broadway to the Southern State Parkway Heckscher Spur; then west along 
the Southern State Parkway Heckscher Spur to Brentwood Road; then south 
along Brentwood Road to the point of beginning.

[62 FR 10416, Mar. 7, 1997, as amended at 63 FR 63387, Nov. 13, 1998; 64 
FR 28715, May 27, 1999; 65 FR 4866, Feb. 2, 2000; 65 FR 54944, Sept. 12, 
2000; 66 FR 56430, Nov. 8, 2001; 68 FR 26985, May 19, 2003; 69 FR 10600, 
Mar. 8, 2004; 70 FR 4005, Jan. 28, 2005; 70 FR 21327, Apr. 26, 2005; 70 
FR 61351, Oct. 24, 2005; 71 FR 40880, July 19, 2006; 71 FR 59651, Oct. 
11, 2006; 72 FR 46374, Aug. 20, 2007]



Sec. 301.51-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined

[[Page 55]]

area only if moved under the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.51-5 and 301.51-8;
    (2) Without a certificate or limited permit if:
    (i) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (ii) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (A) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (B) The regulated article is moved through the quarantined area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of infestation by Asian 
longhorned beetle; and
    (C) The article has not been combined or commingled with other 
articles so as to lose its individual identity.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article interstate, the 
inspector is authorized to stop the person or means of conveyance to 
determine whether a regulated article is present and to inspect the 
regulated article. Articles found to be infected by an inspector, and 
articles not in compliance with the regulations in this subpart, may be 
seized, quarantined, treated, subjected to other remedial measures, 
destroyed, or otherwise disposed of.



Sec. 301.51-5  Issuance and cancellation of certificates and limited permits.

    (a) An inspector \1\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:
---------------------------------------------------------------------------

    \1\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) Is apparently free of Asian longhorned beetle in any stage of 
development, based on inspection of the regulated article; or
    (ii) Has been grown, produced, manufactured, stored, or handled in 
such a manner that, in the judgment of the inspector, the regulated 
article does not present a risk of spreading Asian longhorned beetle; 
and
    (2) Is to be moved in compliance with any additional conditions 
deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 
7714) \2\ to prevent the artificial spread of the Asian longhorned 
beetle; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destory, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
articles.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if he or she determines that the 
regulated article:
    (1) Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and other 
conditions to be listed on the limited permit), and this interstate 
movement will not result in the spread of Asian longhorned beetle 
because Asian longhorned beetle will be destroyed by the specific 
processing, handling, or utilization; and
    (2) It is to be moved in compliance with any additional conditions 
that the Administrator may impose under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the 
Asian longhorned beetle; and
    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance

[[Page 56]]

agreement in accordance with Sec. 301.51-6 or authorize reproduction of 
the certificates or limited permits on shipping containers, or both, as 
requested by the person operating under the compliance agreement. These 
certificates and limited permits may then be completed and used, as 
needed, for the interstate movement of regulated articles that have met 
all of the requirements of paragraph (a) or (b), respectively, of this 
section.
    (d) Any certificate or limited permit may be canceled orally or in 
writing by an inspector whenever the inspector determines that the 
holder of the certificate or limited permit has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any person 
whose certificate or limited permit has been cancelled may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written cancellation notice. The appeal must state all of the facts 
and reasons that the person wants the Administrator to consider in 
deciding the appeal. A hearing may be held to resolve a conflict as to 
any material fact. Rules of practice for the hearing will be adopted by 
the Administrator. As soon as practicable, the Administrator will grant 
or deny the appeal, in writing, stating the reasons for the decision.

[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.51-6  Compliance agreements and cancellation.

    (a) Persons engaged in growing, handling, or moving regulated 
articles interstate may enter into a compliance agreement \3\ if such 
persons review with an inspector each stipulation of the compliance 
agreement. Any person who enters into a compliance agreement with APHIS 
must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \3\ Compliance agreements may be initiated by contacting a local 
office of APHIS. The addresses and telephone numbers of local offices 
are listed in local telephone directories and may also be obtained from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector determines that the person who has 
entered into the compliance agreement has not complied with this subpart 
or any conditions imposed under this subpart. If the cancellation is 
oral, the cancellation will become effective immediately, and the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as soon as circumstances permit. Any person whose compliance 
agreement has been cancelled may appeal the decision in writing to the 
Administrator within 10 days after receiving the written cancellation 
notice. The appeal must state all of the facts and reasons that the 
person wants the Administrator to consider in deciding the appeal. A 
hearing may be held to resolve a conflict as to any material fact. Rules 
of practice for the hearing will be adopted by the Administrator. As 
soon as practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.



Sec. 301.51-7  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \4\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner that the inspector designates as necessary to comply with this 
subpart.



Sec. 301.51-8  Attachment and disposition of certificates and limited permits.

    (a) A regulated article must be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
must have the certificate or limited permit issued for the interstate 
movement of a regulated article securely attached at all times during 
interstate movement to:
    (1) The outside of the container encasing the regulated article;

[[Page 57]]

    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill; Provided, that 
the description of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the destination of the shipment.



Sec. 301.51-9  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.



                          Subpart_Pink Bollworm

    Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.52  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. The following States are quarantined to 
prevent the spread of the pink bollworm (Pectinophora gossypiella 
(Saund.)): Arizona, California, New Mexico, and Texas.
    (b) Regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any regulated article, except in 
accordance with this subpart. The following are regulated articles:
    (1) Cotton and wild cotton, including all parts of these plants.
    (2) Seed cotton.
    (3) Cottonseed.
    (4) American-Egyptian (long-staple) varieties of cotton lint, 
linters, and lint cleaner waste; except:\1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and must have not been exposed to 
pink bollworm infestation after ginning or compression as prescribed.
---------------------------------------------------------------------------

    (i) American-Egyptian cotton lint, linters, and lint cleaner waste 
compressed to a density of at least 22 pounds per cubic foot.
    (ii) Trade samples of American-Egyptian cotton lint and linters.
    (5) Cotton waste produced at cotton gins and cottonseed oil mills.
    (6) Cotton gin trash.
    (7) Used bagging and other used wrappers for cotton.
    (8) Used cotton harvesting equipment and used cotton ginning and 
used cotton oil mill equipment.
    (9) Kenaf, including all parts of the plants.
    (10) Okra, including all parts of these plants, except:
    (i) Canned or frozen okra; or
    (ii) Okra seed; and
    (iii) Fresh, edible fruits of okra:
    (A) During December 1 through May 15 if moved interstate, but only 
during January 1 through March 15 if moved to California.
    (B) During May 16 through November 30, if moved interstate to any 
portion of Illinois, Kentucky, Missouri, or Virginia that is north of 
the 38th parallel; or to any destination in Colorado, Connecticut, 
Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New 
Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, 
West Virginia, Wisconsin, or Wyoming.
    (11) Any other product, article, or means of conveyance not covered 
by paragraphs (b) (1) through (10) of this section, when an inspector 
determines that it presents a risk of spread of the pink bollworm and 
the person in possession of the product, article, or means of conveyance 
has actual notice that it is subject to the restrictions of this 
subpart.

[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983; 
49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb. 
18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR 
31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23, 
1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR 
23945, May 2, 1997; 65 FR 11204, Mar. 2, 2000; 67 FR 34818, May 16, 
2002]

[[Page 58]]



Sec. 301.52-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said Service to whom authority to act in his stead has been 
or may hereafter be delegated.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.52-2.
    Infestation. The presence of the pink bollworm or the existence of 
circumstances that make it reasonable to believe that pink bollworm is 
present.
    Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person authorized by the Deputy Administrator to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State, territory, or district of the United 
States into or through any other State, territory, or district of the 
United States (including Puerto Rico).
    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertified regulated 
articles to a specified destination for limited handling, utilization, 
or processing or for treatment.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Pink bollworm. The live insect known as the pink bollworm of cotton 
(Pectinophora gossypiella Saund.), in any stage of development.
    Regulated area. Any quarantined State, territory, or district, or 
any portion thereof, listed as a regulated area in Sec. 301.52-2a by 
the Deputy Administrator in accordance with Sec. 301.52-2(a).
    Regulated articles. Any articles described in Sec. 301.52(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certified under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Suppressive area. That part of a regulated area where eradication of 
infestation is undertaken as an objective, as designated by the Deputy 
Administrator under Sec. 301.52-2(a).

[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 
17, 1987; 67 FR 34818, May 16, 2002; 70 FR 33268, June 7, 2005]



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

    The Deputy Administrator shall publish and amend from time to time 
as the facts warrant, the following lists:

[[Page 59]]

    (a) List of regulated areas and suppressive or generally infested 
areas. The Deputy Administrator shall list as regulated areas in a 
supplemental regulation designated as Sec. 301.52-2a, the quarantined 
States, territories, or districts, or portions thereof, in which pink 
bollworm has been found or in which there is reason to believe that pink 
bollworm is present, or which it is deemed necessary to regulate because 
of their proximity to infestation or their inseparability for quarantine 
enforcement purposes from infested localities. The Deputy Administrator, 
in the supplemental regulation, may divide any regulated area into a 
suppressive area and a generally infested area in accordance with the 
definitions thereof in Sec. 301.52-1. Less than an entire quarantined 
State, territory, or district will be designated as a regulated area 
only if the Deputy Administrator is of the opinion that:
    (1) The State, territory, or district has adopted and is enforcing a 
quarantine or regulations which imposes restrictions on the intrastate 
movement of the regulated articles which are substantially the same as 
those which are imposed with respect to the interstate movement of such 
articles under this subpart; and
    (2) The designation of less than the entire State, territory, or 
district, as a regulated area will otherwise be adequate to prevent the 
interstate spread of the pink bollworm.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]



Sec. 301.52-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and part of civil divisions described below are 
designated as pink bollworm regulated areas within the meaning of the 
provisions of this subpart; and such regulated areas are hereby divided 
into generally infested areas or suppressive areas as indicated below.

                                 Arizona

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                               California

    (1) Generally infested area.
    Imperial County. The entire county.
    Inyo County. The entire county.
    Los Angeles County. The entire county.
    Orange County. The entire county.
    Riverside County. The entire county.
    San Bernardino County. The entire county.
    San Diego County. The entire county.
    (2) Suppressive area.
    Fresno County. The entire county.
    Kern County. The entire county.
    Kings County. The entire county.
    Madera County. The entire county.
    Merced County. The entire county.
    San Benito County. The entire county.
    Tulare County. The entire county.

                               New Mexico

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                                  Texas

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

[42 FR 13533, Mar. 11, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 
301.52-2a, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 301.52-3  Conditions governing the interstate movement of regulated articles from quarantined States. \2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated articles may be moved interstate from any quarantined 
State under the following conditions:
    (a) From any regulated area, with certificate or permit issued and 
attached in accordance with Sec. Sec. 301.52-4 and 301.52-7 if moved:
    (1) From any regulated area into or through any point outside of the 
regulated areas; or
    (2) From any generally infested area into or through any suppressive 
area; or
    (3) Between any noncontiguous suppressive areas; or
    (4) Between contiguous suppressive areas when it is determined by 
the inspector that the regulated articles present a hazard of the spread 
of the pink bollworm and the person in possession thereof has been so 
notified; or
    (b) From any regulated area, without certificate or permit if moved;
    (1) From a generally infested area to a contiguous generally 
infested area; or

[[Page 60]]

    (2) From a suppressive area to a contiguous generally infested area; 
or
    (3) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the pink bollworm exists; or
    (4) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (c) From any area outside the regulated areas, without a certificate 
or permit if the point of origin of such movement is clearly indicated 
on the articles or shipping document which accompanies the articles and 
if the movement is not made through any regulated area.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987; 
70 FR 33268, June 7, 2005]



Sec. 301.52-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles by any 
inspector if he determines that they are eligible for certification for 
movement to any destination under all Federal domestic plant quarantines 
applicable to such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Upon examination, have been found to be free of infestation; or
    (3) Have been treated to destroy infestation in accordance with part 
305 of this chapter; or
    (4) Have been grown, produced, manufactured, stored, or handled in 
such manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles, not eligible for 
certification under this subpart, to specified destinations for limited 
handling, utilization, or processing, or for treatment in accordance 
with part 305 of this chapter, when upon evaluation of the circumstances 
involved in each specific case the inspector determines that such 
movement will not result in the spread of the pink bollworm and 
requirements of other applicable Federal domestic plant quarantines have 
been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement of regulated articles to any destination 
permitted under all applicable Federal domestic plant quarantines (for 
other than scientific purposes) if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits may be issued by the Deputy Administrator to 
allow the interstate movement of regulated articles for scientific 
purposes under such conditions as may be prescribed in each specific 
case by the Deputy Administrator.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments provided such person is operating under a 
compliance agreement; and any such person may be authorized by an 
inspector to reproduce such forms on shipping containers or otherwise. 
Any such person may use the certificate forms, or reproductions of such 
forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement if such 
person has made one of the determination specified in paragraph (a) of 
this section with respect to such articles. Any such person may use the 
limited permit forms, or reproductions of such forms, for interstate 
movement of regulated articles to specific destinations authorized by 
the inspector in accordance with paragraph (b) of this section. Any such 
person may use the restricted destination permit forms, or reproductions 
of such forms, for the interstate movement of regulated articles not 
eligible for certification under all Federal domestic plant quarantines 
applicable to such articles, under the conditions specified in paragraph 
(c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be

[[Page 61]]

withdrawn by the inspector if the inspector determines that the holder 
thereof has not complied with any condition for the use of such document 
imposed by this subpart.

[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]



Sec. 301.52-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be cancelled by the inspector who 
is supervising its enforcement whenever the inspector finds, after 
notice and reasonable opportunity to present views has been accorded to 
the other party thereto, that such other party has failed to comply with 
the conditions of the agreement.

[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]



Sec. 301.52-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.52-4(e)) who desire to move interstate regulated 
articles which must be accompanied by a certificate or permit shall, as 
far in advance as possible, request an inspector to examine the articles 
prior to movement. Such articles shall be assembled at such points and 
in such manner as the inspector designates to facilitate inspection.



Sec. 301.52-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.



Sec. 301.52-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and pink bollworms as provided sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in 
accordance with instructions issued by the Deputy Administrator.

[32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.52-9  Movement of live pink bollworms.

    Regulations requiring a permit for, and otherwise governing the 
movement of live pink bollworms in interstate or foreign commerce are 
contained in the Federal Plant Pest regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.52-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



                        Subpart_Emerald Ash Borer

    Source: 68 FR 59088, Oct. 8, 2003, unless otherwise noted.



Sec. 301.53-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.

[[Page 62]]

    Certificate. A document that is issued for a regulated article by an 
inspector or by a person operating under a compliance agreement and that 
represents that such article is eligible for interstate movement in 
accordance with Sec. 301.53-5(a).
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Emerald ash borer. The insect known as emerald ash borer (Agrilus 
planipennis [Coleoptera: Buprestidae]) in any stage of development.
    Infestation. The presence of the emerald ash borer or the existence 
of circumstances that make it reasonable to believe that the ash borer 
is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to enforce 
the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or a person 
operating under a compliance agreement affirms that the regulated 
article not eligible for a certificate is eligible for interstate 
movement only to a specified destination and in accordance with 
conditions specified on the permit.
    Moved (movement, move). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.53-3(c) or otherwise designated as a quarantined area in 
accordance with Sec. 301.53-3(b).
    Regulated article. Any article listed in Sec. 301.53-2(a) or 
otherwise designated as a regulated article in accordance with Sec. 
301.53-2(b).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.53-2  Regulated articles.

    The following are regulated articles:
    (a) The emerald ash borer; firewood of all hardwood (non-coniferous) 
species; nursery stock, green lumber, and other material living, dead, 
cut, or fallen, including logs, stumps, roots, branches, and composted 
and uncomposted chips of the genus Fraxinus.
    (b) Any other article, product, or means of conveyance not listed in 
paragraph (a) of this section may be designated as a regulated article 
if an inspector determines that it presents a risk of spreading emerald 
ash borer and notifies the person in possession of the article, product, 
or means of conveyance that it is subject to the restrictions of the 
regulations.

[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]



Sec. 301.53-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State or each portion of a State in which the emerald 
ash borer has been found by an inspector, in which the Administrator has 
reason to believe that the emerald ash borer is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities where 
emerald ash borer has been found. Less than an entire State will be 
designated as a quarantined area only if the Administrator determines 
that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated articles that are equivalent to those 
imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than an entire State as a quarantined 
area will be adequate to prevent the artificial interstate spread of the 
emerald ash borer.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria

[[Page 63]]

specified in paragraph (a) of this section. The Administrator will give 
written notice of this designation to the owner or person in possession 
of the nonquarantined area, or, in the case of publicly owned land, to 
the person responsible for the management of the nonquarantined area. 
Thereafter, the interstate movement of any regulated article from an 
area temporarily designated as a quarantined area is subject to this 
subpart. As soon as practicable, this area either will be added to the 
list of designated quarantined areas in paragraph (c) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (c) The following areas are designated as quarantined areas:

                                Illinois

    The entire State.

                                 Indiana

    The entire State.

                                Maryland

    Prince George's County. The entire county.

                                Michigan

    Upper Peninsula: Chippewa County. Brimley area. That portion of the 
county bounded by a line drawn as follows: Beginning at the intersection 
of Michigan Route 28 and Crawford Street; then north on Crawford Street 
to Irish Line Road; then north on Irish Line Road to its end and 
continuing north along an imaginary line to the Bay Mills/Superior 
Township line; then north and east along the Bay Mills/Superior Township 
line to the Lake Superior shoreline; then east along the Lake Superior 
shoreline to the Bay Mills/Soo Township line; then south on the Bay 
Mills/Soo Township line to the intersection of the Dafter and Superior 
Township lines at 6 Mile Road; then south along the Dafter/Superior 
Township line to Forrest Road; then south on Forrest Road to Michigan 
Route 28; then west on Michigan Route 28 to the point of beginning. 
[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.]
    Lower Peninsula: All counties, in their entirety (i.e., Alcona, 
Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch, 
Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton, 
Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron, 
Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent, 
Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason, 
Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon, 
Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa, 
Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph, 
Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).

                                  Ohio

    The entire State.

[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]



Sec. 301.53-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Regulated articles may be moved interstate from a quarantined area 
only if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.53-5 and 301.53-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (2) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (i) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (ii) The regulated article, if moved through the quarantined area 
during the period of May 1 through August 31 or when the ambient air 
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or 
is completely covered to prevent access by the EAB; and
    (iii) The regulated article is moved directly through the 
quarantined area

[[Page 64]]

without stopping (except for refueling or for traffic conditions, such 
as traffic lights or stop signs), or has been stored, packed, or handled 
at locations approved by an inspector as not posing a risk of 
infestation by emerald ash borer; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity.



Sec. 301.53-5  Issuance and cancellation of certificates and limited permits.

    (a) An inspector \1\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:
---------------------------------------------------------------------------

    \1\ Inspectors are assigned to local offices of APHIS, which are 
listed in the local telephone directories. Information concerning such 
local offices may also be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (1)(i) Is apparently free of EAB, based on inspection; or the 
article or
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that, in the judgment of the inspector, prevents the regulated 
article from presenting a risk of spreading EAB; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the 
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 423 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
articles.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if he or she determines that the 
regulated article:
    (1) Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and other 
conditions to be listed on the limited permit), and this interstate 
movement will not result in the spread of emerald ash borer because 
emerald ash borer will be destroyed by the specific processing, 
handling, or utilization; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of 
emerald ash borer; and
    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.53-6 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the interstate 
movement of regulated articles that have met all of the requirements of 
paragraph (a) or (b), respectively, of this section.
    (d) Any certificate or limited permit may be canceled orally or in 
writing by an inspector whenever the inspector determines that the 
holder of the certificate or limited permit has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any person 
whose certificate or limited permit has been canceled may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written cancellation notice. The appeal must state all of the facts 
and reasons that the person wants the Administrator to consider in 
deciding the appeal. A hearing may be held

[[Page 65]]

to resolve a conflict as to any material fact. Rules of practice for the 
hearing will be adopted by the Administrator. As soon as practicable, 
the Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-6  Compliance agreements and cancellation.

    (a) Persons engaged in growing, handling, or moving regulated 
articles interstate may enter into a compliance agreement \3\ if such 
persons review with an inspector each provision of the compliance 
agreement. Any person who enters into a compliance agreement with APHIS 
must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \3\ Compliance agreements may be initiated by contacting a local 
office of APHIS. The addresses and telephone numbers of local offices 
are listed in local telephone directories and may also be obtained from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector determines that the person who has 
entered into the compliance agreement has not complied with this subpart 
or any conditions imposed under this subpart. If the cancellation is 
oral, the cancellation will become effective immediately, and the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as soon as circumstances permit. Any person whose compliance 
agreement has been canceled may appeal the decision in writing to the 
Administrator within 10 days after receiving the written cancellation 
notice. The appeal must state all of the facts and reasons that the 
person wants the Administrator to consider in deciding the appeal. A 
hearing may be held to resolve a conflict as to any material fact. Rules 
of practice for the hearing will be adopted by the Administrator. As 
soon as practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-7  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \4\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec. 301.53-5.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner that the inspector designates as necessary to comply with this 
subpart.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-8  Attachment and disposition of certificates and limited permits.

    (a) A regulated article must be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
must have the certificate or limited permit issued for the interstate 
movement of a regulated article securely attached at all times during 
interstate movement to:
    (1) The regulated article;
    (2) The container carrying the regulated article; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the description of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the destination of the shipment.

(Approved by the Office of Management and Budget under control number 
0579-0233)



Sec. 301.53-9  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.

[[Page 66]]



                            Subpart_Plum Pox

    Source: 65 FR 35264, June 2, 2000, unless otherwise noted.



Sec. 301.74  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart. \1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, qurantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles a provided in sections 414, 421, and 434 of the Plant 
Protection Act (7 U.S.C. 7714, 7731, and 7754).

[65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.74-1  Definitions.

    The following definitions apply to this subpart.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.74-4 of this subpart.
    Infestation (infested, infected). The presence of plum pox or 
circumstances or symptoms that makes it reasonable to believe that plum 
pox is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or other person 
authorized by the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Plum pox. A plant disease caused by plum pox potyvirus that can 
affect many Prunus (stone fruit) species, including, but not limited to, 
almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The 
strain of plum pox in Pennsylvania does not affect cherry trees.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.74-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.74-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.74-2(a) or 
otherwise designated as a regulated article in accordance with Sec. 
301.74-2(b), based on its susceptibility to the form or strain of plum 
pox detected in the quarantined area.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.74-2  Regulated articles.

    The following are regulated articles:
    (a) All plant material and plant parts of Prunus (stone fruit) 
species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. 
mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata, 
P. subhirtella, P. yedoensis, and P. virginiana, except for seeds and 
fruit that is free of leaves and other plant parts. This includes, but 
is not limited to, trees, seedlings, root stock, budwood, branches, 
twigs, and leaves.
    (b) Any other product or article that an inspector determines to 
present a risk of spreading plum pox when the inspector notifies the 
person in possession of the product or article that it is subject to the 
restrictions in the regulations.

[[Page 67]]



Sec. 301.74-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which plum pox 
has been detected through inspection and laboratory testing, or in which 
the Administrator has reason to believe that plum pox is present, or 
that the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which plum pox has been detected. Less than an entire State will be 
designated as a quarantined area if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of plum pox.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated article from 
an area temporarily designated as a quarantined area will be subject to 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (c) of this section or the designation will be 
terminated by the Administrator or an inspector. The owner or person in 
possession of an area for which the quarantine designation is terminated 
will be given notice of the termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                              Pennsylvania

Adams County. The townships of Latimore and Huntington.



Sec. 301.74-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    The interstate movement of any regulated article from a quarantined 
area \2\ is prohibited except when:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) The regulated article is moved by the United States Department 
of Agriculture:
    (1) For an experimental or scientific purpose;
    (2) Pursuant to a Departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of plum pox; 
and
    (4) With a tag or label bearing the number of the Departmental 
permit issued for the regulated article attached to the outside of the 
container of the regulated article or attached to the regulated article 
itself if not in a container; or
    (b) The regulated article originated outside the quarantined area 
and:
    (1) Is moved in an enclosed vehicle or is completely enclosed by a 
covering (such as canvas, plastic, or other closely woven cloth) 
adequate to prevent access by aphids or other transmission agents of 
plum pox while in the quarantined area;
    (2) The regulated article's point of origin is indicated on the 
waybill; and
    (3) The regulated article must not be uncovered, unpacked, or 
unloaded while moving through the quarantined area.



Sec. 301.74-5  Compensation.

    (a) Eligibility. The following individuals are eligible to receive 
compensation from the U.S. Department of Agriculture to mitigate losses 
or expenses incurred because of the plum pox quarantine and emergency 
actions:
    (1) Owners of commercial stone fruit orchards. Owners of commercial 
stone fruit orchards are eligible to receive compensation for losses 
associated with the destruction of trees in order to control plum pox 
pursuant to an emergency action notification issued

[[Page 68]]

by the Animal and Plant Health Inspection Service (APHIS).
    (i) Direct marketers. Orchard owners eligible for compensation under 
this paragraph who market all fruit they produce under the conditions 
described in this paragraph may receive compensation at the rates 
specified in paragraph (b)(1)(i) of this section. In order to be 
eligible to receive compensation at the rates specified in paragraph 
(b)(1)(i) of this section, orchard owners must have marketed fruit 
produced in orchards subsequently destroyed because of plum pox under 
the following conditions:
    (A) The fruit must have been sold exclusively at farmers markets or 
similar outlets that require orchard owners to sell only fruit that they 
produce;
    (B) The fruit must not have been marketed wholesale or at reduced 
prices in bulk to supermarkets or other retail outlets;
    (C) The fruit must have been marketed directly to consumers; and
    (D) Orchard owners must have records documenting that they have met 
the requirements of this section, and must submit those records to APHIS 
as part of their application submitted in accordance with paragraph (c) 
of this section.
    (ii) All other orchard owners. Orchard owners eligible for 
compensation under this paragraph who do not meet the requirements of 
paragraph (a)(1)(i) of this section are eligible for compensation only 
in accordance with paragraph (b)(1)(ii) of this section.
    (2) Owners of fruit tree nurseries. The owner of a fruit tree 
nursery will be eligible to receive compensation for net revenue losses 
associated with the prohibition on the movement or sale of nursery stock 
as a result of the issuance of an emergency action notification by APHIS 
with respect to regulated articles within the nursery in order to 
control plum pox.
    (b) Amount of payment. Upon approval of a claim submitted in 
accordance with paragraph (c) of this section, individuals eligible for 
compensation under paragraph (a) of this section will be paid at the 
rates indicated in this paragraph.
    (1) Owners of commercial stone fruit orchards--(i) Direct marketers. 
Owners of commercial stone fruit orchards who APHIS has determined meet 
the eligibility requirements of paragraph (a)(1)(i) of this section will 
be compensated according to the following table on a per-acre basis at a 
rate based on the age of the trees destroyed. If the trees were not 
destroyed by the date specified on the emergency action notification, 
the compensation payment will be reduced by 10 percent and by any tree 
removal costs incurred by the State or the U.S. Department of 
Agriculture (USDA). The maximum USDA compensation rate is 85 percent of 
the loss in value, adjusted for any State-provided compensation to 
ensure total compensation from all sources does not exceed 100 percent 
of the loss in value.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Maximum compensation  rate ($/       Maximum additional             Maximum additional
                                                              acre, equal to 85%  of loss    compensation ($/acre,  equal   compensation ($/acre,  equal
                    Age of trees (years)                       in value) based on  3-year   to 85% of loss in  value) for  to 85% of loss in  value) for
                                                                     fallow period                 4th fallow year                5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................                         $2,403                           $828                           $736
1..........................................................                          9,584                          1,710                          1,520
2..........................................................                         13,761                          1,710                          1,520
3..........................................................                         17,585                          1,710                          1,520
4..........................................................                         21,888                          1,710                          1,520
5..........................................................                         25,150                          1,710                          1,520
6..........................................................                         25,747                          1,710                          1,520
7..........................................................                         25,859                          1,710                          1,520
8..........................................................                         25,426                          1,710                          1,520
9..........................................................                         24,938                          1,710                          1,520
10.........................................................                         24,390                          1,710                          1,520
11.........................................................                         23,774                          1,710                          1,520
12.........................................................                         23,080                          1,710                          1,520
13.........................................................                         22,300                          1,710                          1,520
14.........................................................                         21,422                          1,710                          1,520
15.........................................................                         20,434                          1,710                          1,520
16.........................................................                         19,323                          1,710                          1,520
17.........................................................                         18,185                          1,710                          1,520
18.........................................................                         17,017                          1,710                          1,520
19.........................................................                         15,814                          1,710                          1,520

[[Page 69]]

 
20.........................................................                         14,572                          1,710                          1,520
21.........................................................                         13,287                          1,710                          1,520
22.........................................................                         12,066                          1,710                          1,520
23.........................................................                         10,915                          1,710                          1,520
24.........................................................                          9,620                          1,710                          1,520
25.........................................................                          8,163                          1,710                          1,520
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (ii) All other orchard owners. Owners of commercial stone fruit 
orchards who meet the eligibility requirements of paragraph (a)(1)(ii) 
of this section will be compensated according to the following table on 
a per-acre basis at a rate based on the age of the trees destroyed. If 
the trees were not destroyed by the date specified on the emergency 
action notification, the compensation payment will be reduced by 10 
percent and by any tree removal costs incurred by the State or the U.S. 
Department of Agriculture (USDA). The maximum USDA compensation rate is 
85 percent of the loss in value, adjusted for any State-provided 
compensation to ensure total compensation from all sources does not 
exceed 100 percent of the loss in value.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Maximum compensation  rate ($/       Maximum additional             Maximum additional
                                                              acre, equal to 85%  of loss    compensation ($/acre,  equal   compensation ($/acre,  equal
                    Age of trees (years)                       in value) based on  3-year   to 85% of loss in  value) for  to 85% of loss in  value) for
                                                                     fallow period                 4th fallow year                5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................                         $2,403                           $828                           $736
1..........................................................                          4,805                            828                            736
2..........................................................                          7,394                            828                            736
3..........................................................                          9,429                            828                            736
4..........................................................                         12,268                            828                            736
5..........................................................                         14,505                            828                            736
6..........................................................                         14,918                            828                            736
7..........................................................                         15,000                            828                            736
8..........................................................                         14,709                            828                            736
9..........................................................                         14,383                            828                            736
10.........................................................                         14,015                            828                            736
11.........................................................                         13,601                            828                            736
12.........................................................                         13,136                            828                            736
13.........................................................                         12,613                            828                            736
14.........................................................                         12,024                            828                            736
15.........................................................                         11,361                            828                            736
16.........................................................                         10,616                            828                            736
17.........................................................                          9,854                            828                            736
18.........................................................                          9,073                            828                            736
19.........................................................                          8,272                            828                            736
20.........................................................                          7,446                            828                            736
21.........................................................                          6,594                            828                            736
22.........................................................                          5,789                            828                            736
23.........................................................                          5,035                            828                            736
24.........................................................                          4,341                            828                            736
25.........................................................                          3,713                            828                            736
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Owners of fruit tree nurseries. Owners of fruit tree nurseries 
who meet the eligibility requirements of paragraph (a)(2) of this 
section will be compensated for up to 85 percent of the net revenues 
lost from their first and second year crops as the result of the 
issuance of an emergency action notification which will be calculated as 
follows:
    (i) First year crop. The net revenue loss for trees that were 
expected to be sold in the year during which the emergency action 
notification was issued (i.e., the first year crop) will be calculated 
as (expected number of trees to be sold) x (average price per tree) - 
(digging, grading, and storage costs) = net revenue lost for first year 
crop, where:
    (A) The expected number of trees to be sold equals the number of 
trees in

[[Page 70]]

the field minus 2 percent culls minus 3 percent unsold trees; and
    (B) The average price per tree is $4.65; and
    (C) Digging, grading and storage costs are $0.10 per tree.
    (ii) Second year crop. The net revenue loss for trees that would be 
expected to be sold in the year following the year during which the 
emergency action notification was issued (i.e., the second year crop) 
will be calculated as (expected number of trees to be sold) x (average 
price per tree) = net revenue lost for second year crop, where:
    (A) The expected number of trees to be sold equals the number of 
budded trees in the field minus 20 percent death loss minus 2 percent 
culls; and
    (B) The average price per tree is $4.65 for plum and apricot trees 
and $3.30 for peach and nectarine trees.
    (c) How to apply. The form necessary to submit a claim for 
compensation may be obtained from the Plum Pox Cooperative Eradication 
Program, USDA, APHIS, PPQ, 401 East Louther Street, Suite 102, Carlisle, 
PA 17013-2625. The completed claim form must be sent to the same 
address. Claims for trees or nursery stock destroyed on or before the 
effective date of this rule must be received within 60 days after the 
effective date of this rule. Claims for trees or nursery stock destroyed 
after the effective date of this rule must be received within 60 days 
after the destruction of the trees or nursery stock. Claims must be 
submitted as follows:
    (1) Claims by owners of stone fruit orchards who are direct 
marketers. The completed application must be accompanied by:
    (i) A copy of the emergency action notification ordering the 
destruction of the trees and its accompanying inventory that describes 
the acreage and ages of trees removed;
    (ii) Documentation verifying that the destruction of trees has been 
completed and the date of that destruction; and
    (iii) Records documenting that the grower meets the eligibility 
requirements of paragraph (a)(1)(i) of this section.
    (2) Claims by owners of commercial stone fruit orchards who are not 
direct marketers. The completed application must be accompanied by a 
copy of the emergency action notification ordering the destruction of 
the trees, its accompanying inventory that describes the acreage and 
ages of trees removed, and documentation verifying that the destruction 
of trees has been completed and the date of that destruction.
    (3) Claims by owners of fruit tree nurseries. The completed 
application must be accompanied by a copy of the order prohibiting the 
sale or movement of the nursery stock, its accompanying inventory that 
describes the total number of trees and the age and variety, and 
documentation describing the final disposition of the nursery stock.
    (d) Replanting. Trees of susceptible Prunus species (i.e., Prunus 
species identified as regulated articles) may not be replanted on 
premises within a contiguous quarantined area until 3 years from the 
date the last trees within that area were destroyed because of plum pox 
pursuant to an emergency action notification issued by APHIS.

(Approved by the Office of Management and Budget under control numbers 
0579-0159 and 0579-0251)

[65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004]



                          Subpart_Citrus Canker

    Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.

                  Notice of Quarantine and Regulations



Sec. 301.75-1  Definitions.

    ACC coverage. The crop insurance coverage against Asiatic citrus 
canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance 
Program authorized by the Federal Crop Insurance Corporation.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    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

[[Page 71]]

known as budwood) that are maintained 1 month after grafting or until 
the plant reaches marketability.
    Budded container/greenhouse grown citrus plants. Individual, budded 
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
    Budded field grown citrus plants. Individual, budded citrus nursery 
stock maintained in the fields until it is sold for commercial use.
    Certificate. An official stamp, form, or other document of the 
United States Department of Agriculture authorizing the interstate 
movement of a regulated article from a quarantined area into any area of 
the United States.
    Certified citrus nursery stock. Citrus nursery stock, such as trees 
or plants, grown at a nursery that is in compliance with State 
certification requirements and approved for producing citrus nursery 
stock for commercial sale.
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas axonopodis pv. citri.
    Commercial citrus grove. An establishment maintained for the primary 
purpose of producing citrus fruit for commercial sale.
    Commercial citrus nursery. An establishment engaged in, but not 
limited to, the production of certified citrus nursery stock, including 
plants for planting or replanting in commercial groves or for wholesale 
or retail sales.
    Commercial citrus-producing area. Any area designated as a 
commercial citrus-producing area in accordance with Sec. 301.75-5 of 
this subpart.
    Commercial packinghouse. An establishment in which space and 
equipment are maintained for the primary purpose of packing citrus fruit 
for commercial sale. A commercial packinghouse must be registered as a 
packinghouse with the State in which it operates or hold a business 
license for treating and packing fruit.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
growing or handling regulated articles for interstate movement, in which 
the person pledges to comply with this subpart.
    Departmental permit. An official document of the United States 
Department of Agriculture authorizing the movement of a regulated 
article from a quarantined area.
    Departmental tag or label. An official tag or label of the United 
States Department of Agriculture, which, attached to a regulated article 
or its container, indicates that the regulated article is eligible for 
interstate movement with a Departmental permit.
    Exposed. Determined by an inspector to be at risk for developing 
citrus canker because of proximity during the past 2 years to infected 
plants, or to personnel, vehicles, equipment, or other articles that may 
have been contaminated with bacteria that cause citrus canker.
    Grove. Any tree or stand of trees maintained to produce fruit and 
separated from other trees by a boundary, such as a fence, stream, road, 
canal, irrigation ditch, hedgerow, open space, or sign or marker 
denoting change of fruit variety.
    Infected. Containing bacteria that cause citrus canker.
    Infestation. The presence of a plant or plants infected with citrus 
canker at a particular location, except when the plant or plants 
contracted the infection at a previous location and the infection has 
not spread to any other plant at the present location.
    Inspector. An individual authorized by the Administrator to perform 
the specified duties.
    Interstate. From any State into or through any other State.
    Limited permit. An official stamp, form, or other document of the 
United States Department of Agriculture authorizing the interstate 
movement of a regulated article from a quarantined area, but restricting 
the areas of the United States into which the regulated article may be 
moved.
    Liner or rootstock. Culled seedlings in the growing stage prior to 
the budding process.
    Lot. The inspectional unit for fruit composed of a single variety of 
fruit that has passed through the entire packing process in a single 
continuous run not to exceed a single workday (i.e., a run started one 
day and completed the next is considered two lots).

[[Page 72]]

    Move. Ship, carry, transport, offer for shipment, receive for 
shipment, or allow to be transported by any means.
    Movement. The act of shipping, carrying, transporting, offering for 
shipment, receiving for shipment, or allowing to be transported by any 
means.
    Nursery. Any premises, including greenhouses but excluding any 
grove, at which nursery stock is grown or maintained.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Public order. Either an ``Agreement to Destroy and Covenant Not to 
Sue'' signed by the grove owner and the Florida Department of Food and 
Consumer Services, Division of Plant Industry (DPI), or an ``Immediate 
Final Order'' issued by DPI, both of which identify citrus trees 
infected with or exposed to citrus canker and order their destruction.
    Quarantined area. Any area designated as a quarantined area in 
accordance with Sec. 301.75-4 of this subpart.
    Regulated article. Any article listed in Sec. 301.75-3 (a) or (b) 
of this subpart or designated as a regulated article in accordance with 
Sec. 301.75-3(c) of this subpart.
    Regulated fruit, regulated nursery stock, regulated plant, regulated 
seed, regulated tree. Any fruit, nursery stock, plant, seed, or tree 
defined as a regulated article.
    Seedlings. Certified citrus seeds densely planted in seed beds and 
allowed to germinate and grow until their viability as liners or 
rootstock can be assessed.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin 
Islands of the United States, and all other territories and possessions 
of the United States.
    United States. All of the States, the District of Columbia, Guam, 
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the 
United States, and all other territories and possessions of the United 
States.

[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 
65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, 
June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007]



Sec. 301.75-2  General prohibitions.

    (a) Regulated articles may not be moved interstate from a 
quarantined area except in accordance with a protocol in Sec. Sec. 
301.75-6, 301.75-7, or 301.75-8, or in accordance with Sec. 301.75-4 if 
less than an entire State is designated as a quarantined area. Regulated 
articles may be moved in accordance with the regulations in Sec. 
301.75-9 for scientific or experimental purposes only.
    (b) Regulated articles moved from a quarantined area with a limited 
permit may not be moved interstate into any commercial citrus-producing 
area, except as follows: The regulated articles may be moved through a 
commercial citrus-producing area if they are covered, or enclosed in 
containers or in a compartment of a vehicle, while in the commercial 
citrus-producing area, and are not unloaded in the commercial citrus-
producing area without the permission of an inspector.
    (c) Regulated articles moved interstate with a limited permit to an 
area of the United States that is not a commercial citrus-producing area 
may not subsequently be moved interstate into any commercial citrus-
producing area.

[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990; 72 FR 13427, 
Mar. 22, 2007]



Sec. 301.75-3  Regulated articles.

    (a) Plants or plant parts, including fruit and seeds, or any of the 
following: All species, clones, cultivars, strains, varieties, and 
hybrids of the genera Citrus and Fortunella, and all clones, cultivars, 
strains, varieties, and hybrids of the species Clausena lansium and 
Poncirus trifoliata. The most common of these are: lemon, pummelo, 
grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, 
sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, 
calamondin, trifoliate orange, and wampi.
    (b) Grass, plant, and tree clippings.

[[Page 73]]

    (c) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
citrus canker and the person in possession thereof has actual notice 
that the product, article, or means of conveyance is subject to the 
provisions of this subpart.

[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. 
Redesignated and amended at 55 FR 37450, Sept. 11, 1990]



Sec. 301.75-4  Quarantined areas.

    (a) The following States or portions of States are designated as 
quarantined areas: The State of Florida.
    (b) The Administrator may designate any non-quarantined area as a 
quarantined area in accordance with paragraphs (c) and (d) of this 
section upon giving written notice of this designation to the owner or 
persons in possession of the non-quarantined area. Thereafter, regulated 
articles may be moved interstate from that area only in accordance with 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (a) of this section, or the Administrator will 
terminate the designation. The owner or person in possession of an area 
for which designation is terminated will be given written notice as soon 
as practicable.
    (c) Any State or portion of a State where an infestation is detected 
will be designated as a quarantined area and will remain so until the 
area has been without infestation for 2 years.
    (d) Less than an entire State will be designated as a quarantined 
area only if all of the following conditions are met:
    (1) Survey. No area has been designated a survey area.
    (2) Intrastate movement of regulated articles. The State enforces 
restrictions on the intrastate movement of regulated articles from the 
quarantined area that are at least as stringent as those on the 
interstate movement of regulated articles from the quarantined area, 
except as follows:
    (i) Regulated fruit may be moved intrastate from a quarantined area 
for processing into a product other than fresh fruit if all of the 
following conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for processing, 
and the date the intrastate movement began,
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.
    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301-
11(d) of this subpart before leaving the premises where the regulated 
fruit is unloaded for processing, and
    (D) All leaves, litter, and culls collected from the shipment of 
regulated fruit at the processing facility are either incinerated at the 
processing facility or buried at a public landfill that is fenced, 
prohibits the removal of dumped material, and covers dumped material 
with dirt at the end of every day that dumping occurs.
    (ii) Regulated fruit may be moved intrastate from a quarantined area 
for packing, either for subsequent interstate movement with a limited 
permit or for export from the United States, if all of the following 
conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for packing, and 
the date the intrastate movement began.
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.
    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301.75-
11(d) of this subpart before leaving the premises where the regulated 
fruit is unloaded for packing.

[[Page 74]]

    (D) At the packing plant, the regulated fruit is stored separately 
from and has no contact with fruit eligible for interstate movement to 
commercial citrus-producing areas. Any equipment that comes in contact 
with the regulated fruit at the packing plant is treated in accordance 
with Sec. 301.75-11(d) of this subpart before being used to handle any 
fruit eligible for interstate movement to commercial citrus-producing 
areas, and
    (E) All leaves and litter collected from the shipment of regulated 
fruit at the packing plant are either incinerated at the packing plant 
or buried at a public landfill that is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs. All culls collected from the shipment of 
regulated fruit are either processed into a product other than fresh 
fruit, incinerated at the packing plant, or buried at a public landfill 
that is fenced, prohibits the removal of dumped material, and covers 
dumped material with dirt at the end of every day that dumping occurs. 
Any culls moved intrastate for processing must be completely covered, or 
enclosed in containers or in a compartment of a vehicle, during the 
intrastate movement, and the vehicles, covers, and any containers used 
to carry the regulated fruit must be treated in accordance with Sec. 
301.75-11(d) of this subpart before leaving the premises where the 
regulated fruit is unloaded for processing.
    (iii) Grass, tree, and plant clippings may be moved intrastate from 
the quarantined area for disposal in a public landfill or for composting 
in a recycling facility, if all of the following conditions are met:
    (A) The public landfill or recycling facility is located within the 
survey area described in paragraph (d)(1) of this section,
    (B) The grass, tree, or plant clippings are completely covered 
during the movement from the quarantined area to the public landfill or 
recycling facility, and
    (C) Any public landfill used is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs.
    (3) Inspections. (i) In the quarantined area, every regulated plant 
and regulated tree, except indoor houseplants and regulated plants and 
regulated trees at nurseries, is inspected for citrus canker at least 
once a year, between May 1 through December 31, by an inspector.
    (ii) In the quarantined area, every regulated plant and regulated 
tree at every nursery containing regulated plants or regulated trees is 
inspected for citrus canker by an inspector at intervals of no more than 
45 days.
    (4) Treatment of personnel, vehicles, and equipment. In the 
quarantined area, all vehicles, equipment, and other articles used in 
providing inspection, maintenance, harvesting, or related services in 
any grove containing regulated plants or regulated trees, or in 
providing landscaping or lawn care services on any premises containing 
regulated plants or regulated trees, must be treated in accordance with 
Sec. 301.75-11(d) of this subpart upon leaving the grove or premises. 
All personnel who enter the grove or premises to provide these services 
must be treated in accordance with Sec. 301.75-11(c) of this subpart 
upon leaving the grove or premises.
    (5) Destruction of infected plants and trees. No more than 7 days 
after a State or Federal laboratory confirms that a regulated plant or 
regulated tree is infected, the State must provide written notice to the 
owner of the infected plant or infected tree that the infected plant or 
infected tree must be destroyed. The owner must have the infected plant 
or infected tree destroyed within 45 days after receiving the written 
notice.
    (6) Interstate movement of regulated fruit. When less than an entire 
State is designated as a quarantined area, regulated fruit produced in a 
quarantined area may be moved interstate in accordance with Sec. 
301.75-7(a) provided the following additional conditions are met:
    (i) During the 2 years before the interstate movement, no plants or 
plant parts infected with citrus canker were found in the grove 
producing the regulated fruit and any exposed plants in the grove at 
high risk for developing citrus canker have been destroyed.

[[Page 75]]

Identification of exposed plants at high risk for developing citrus 
canker will be based on an evaluation of all of the circumstances 
related to their exposure, including, but not limited to, the following:
    (A) The stage of maturity of the exposed plant at the time of 
exposure and the size and degree of infestation to which the plants were 
exposed,
    (B) The proximity of exposed plants to infected plants or 
contaminated articles at the time of exposure, and
    (C) The length of time the plants were exposed.
    (ii) [Reserved]

[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at 
55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov. 
2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996; 64 FR 
4780, Feb. 1, 1999; 65 FR 53530, Sept. 5, 2000; 65 FR 57723, Sept. 26, 
2000; 67 FR 9390, Mar. 1, 2002; 67 FR 13084, Mar. 21, 2002; 67 FR 18463, 
Apr. 16, 2002; 67 FR 30771, May 8, 2002; 69 FR 55317, Sept. 14, 2004; 70 
FR 9209, Feb. 25, 2005; 70 FR 33268, June 7, 2005; 71 FR 43351, Aug. 1, 
2006]



Sec. 301.75-5  Commercial citrus-producing areas.

    (a) The following are designated as commercial citrus-producing 
areas:

American Samoa
Arizona
California
Florida
Guam
Hawaii
Louisiana
Northern Mariana Islands
Puerto Rico
Texas
Virgin Islands of the United States

    (b) The list in paragraph (a) of this section is intended to include 
jurisdictions which have commercial citrus-producing areas. Less than an 
entire State may be designated as a commercial citrus-producing area 
only if the Administrator determines that the area not included as a 
commercial citrus-producing area does not contain commercial citrus 
plantings; that the State has adopted and is enforcing a prohibition on 
the intrastate movement from areas not designated as commercial citrus-
producing areas to commercial citrus-producing areas of fruit which are 
designated as regulated articles and which were moved interstate from a 
quarantined State pursuant to a limited permit; and that the designation 
of less than the entire State as a commercial citrus-producing area will 
otherwise be adequate to prevent the interstate spread of citrus canker.

[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 
FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 
FR 37450, Sept. 11, 1990]



Sec. 301.75-6  Interstate movement of regulated nursery stock from a quarantined area.

    (a) Regulated nursery stock may not be moved interstate from a 
quarantined area except for immediate export in accordance with 
paragraph (c) of this section; Provided, that calamondin and kumquat 
plants may be moved interstate from a quarantined area in accordance 
with paragraph (b) of this section.
    (b) Calamondin (Citrus mitus) and kumquat (Fortunella spp.) plants, 
with or without fruit attached, may be moved interstate from a 
quarantined area into any area of the United States except commercial 
citrus-producing areas if all of the following conditions are met:
    (1) The plants are own-root-only and have not been grafted or 
budded;
    (2) The plants are started, are grown, and have been maintained 
solely at the nursery from which they will be moved interstate.
    (3) If the plants are not grown from seed, then the cuttings used 
for propagation of the plants are taken from plants located on the same 
nursery premises or from another nursery that is eligible to produce 
calamondin and kumquat plants for interstate movement under the 
requirements of this paragraph (b). Cuttings may not be obtained from 
properties where citrus canker is present.
    (4) All citrus plants at the nursery premises have undergone State 
inspection and have been found to be free of citrus canker no less than 
three times. The inspections must be at intervals of 30 to 45 days, with 
the most recent inspection being within 30 days of the date on which the 
plants are removed and packed for shipment.
    (5) All vehicles, equipment, and other articles used in providing 
inspection, maintenance, or related services in the nursery must be 
treated in accordance with Sec. 301.75-11(d) before entering the

[[Page 76]]

nursery to prevent the introduction of citrus canker. All personnel who 
enter the nursery to provide these services must be treated in 
accordance with Sec. 301.75-11(c) before entering the nursery to 
prevent the introduction of citrus canker.
    (6) If citrus canker is found in the nursery, all regulated plants 
and plant material must be removed from the nursery and all areas of the 
nursery's facilities where plants are grown and all associated equipment 
and tools used at the nursery must be treated in accordance with Sec. 
301.75-11(d) in order for the nursery to be eligible to produce 
calamondin and kumquat plants to be moved interstate under this 
paragraph (b). Fifteen days after these actions are completed, the 
nursery may receive new calamondin and kumquat seed or cuttings from a 
nursery that is eligible to produce calamondin and kumquat plants for 
interstate movement under this paragraph (b).
    (7) The plants, except for plants that are hermetically sealed in 
plastic bags before leaving the nursery, are completely enclosed in 
containers or vehicle compartments during movement through the 
quarantined area.
    (8) The calamondin or kumquat plants or trees are accompanied by a 
limited permit issued in accordance with Sec. 301.75-12. The statement 
``Limited permit: Not for distribution in AZ, CA, HI, LA, TX, and 
American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin 
Islands of the United States'' must be displayed on a plastic or metal 
tag attached to each plant, or on the box or container if the plant is 
sealed in plastic. In addition, this statement must be displayed on the 
outside of any shipping containers used to transport these plants, and 
the limited permit must be attached to the bill of lading or other 
shipping document that accompanies the plants.
    (c) Regulated nursery stock produced in a nursery located in a 
quarantined area that is not eligible for movement under paragraph (b) 
of this section may be moved interstate only for immediate export. The 
regulated nursery stock must be accompanied by a limited permit issued 
in accordance with Sec. 301.75-12 and must be moved in a container 
sealed by APHIS directly to the port of export in accordance with the 
conditions of the limited permit.

[72 FR 13427, Mar. 22, 2007]



Sec. 301.75-7  Interstate movement of regulated fruit from a quarantined area.

    (a) Regulated fruit produced in a quarantined area. Regulated fruit 
may be moved interstate from a quarantined area into any area of the 
United States except commercial citrus-producing areas if all of the 
following conditions are met:
    (1) Every lot of regulated fruit to be moved interstate must be 
inspected by an APHIS employee at a commercial packinghouse for symptoms 
of citrus canker. Any lot found to contain fruit with visible symptoms 
of citrus canker will be ineligible for interstate movement from the 
quarantined area. The number of fruit to be inspected will be the 
quantity that is sufficient to detect, with a 95 percent level of 
confidence, any lot of fruit containing 0.38 percent or more fruit with 
visible canker lesions.\1\
---------------------------------------------------------------------------

    \1\ If conditions warrant changing the number of fruit to a quantity 
that gives a statistically significant level of confidence of detecting 
lots containing a different percentage, determined by the Administrator, 
of fruit with visible canker lesions, APHIS will provide for public 
participation in that process through the publication of a notice in the 
Federal Register.
---------------------------------------------------------------------------

    (2) The owner or operator of any commercial packinghouse that wishes 
to move citrus fruit interstate from the quarantined area must enter 
into a compliance agreement with APHIS in accordance with Sec. 301.75-
13.
    (3) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
    (4) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the fruit.
    (5)(i) Each lot of regulated fruit found to be eligible for 
interstate movement must be accompanied by a limited permit issued in 
accordance with Sec. 301.75-12. Regulated fruit to be moved interstate 
must be packaged in

[[Page 77]]

boxes or other containers that are approved by APHIS and that are used 
exclusively for regulated fruit that is eligible for interstate 
movement. The boxes or other containers in which the fruit is packaged, 
and any shipping documents accompanying the boxes or other containers, 
must be clearly marked with the statement ``Limited Permit: USDA-APHIS-
PPQ. Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, 
Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the 
United States.'' Only fruit that meets all of the requirements of this 
section may be packed in boxes or other containers that are marked with 
this statement;
    (ii) Provided, that until August 1, 2010, fruit that meets all the 
requirements of this section may be packed in bags that are clearly 
marked with the statement ``Not for distribution in AZ, CA, HI, LA, TX, 
and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and 
Virgin Islands of the United States,'' as long as the bags of fruit are 
packed in boxes that are marked as required by paragraph (a)(5)(i) of 
this section. Fruit that does not meet all the requirements of this 
section may not be packed in either bags or boxes that are marked with 
this statement.
    (6) A lot of fruit that is determined to be ineligible for 
interstate movement under paragraph (a)(1) of this section may not be 
reconditioned and submitted for reinspection.
    (b) Regulated fruit produced in a quarantined area that is not 
eligible for movement under paragraph (a) of this section may be moved 
interstate only for immediate export. The regulated fruit must be 
accompanied by a limited permit issued in accordance with Sec. 301.75-
12 and must be moved in a container sealed by APHIS directly to the port 
of export in accordance with the conditions of the limited permit.
    (c) Regulated fruit not produced in a quarantined area. Regulated 
fruit not produced in a quarantined area but moved into a quarantined 
area for packing may be subsequently moved out of the quarantined area 
only if all the conditions of either paragraph (b)(1) or (b)(2) of this 
section are met.
    (1) Conditions for subsequent movement into any area of the United 
States except commercial citrus-producing areas. (i) The regulated fruit 
was accompanied to the packing plant by a bill of lading stating the 
location of the grove in which the regulated fruit was produced.
    (ii) The regulated fruit was treated in accordance with Sec. 
301.75-11(a) of this subpart.
    (iii) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the regulated fruit.
    (iv) The regulated fruit is accompanied by a limited permit issued 
in accordance with Sec. 301.75-12 of this subpart.
    (2) Conditions for subsequent movement into any area of the United 
States including commercial citrus-producing areas. (i) The regulated 
fruit is accompanied by a bill of lading that states the location of the 
grove where the fruit was produced, the variety and quantity of fruit, 
the address to which the fruit will be delivered for packing, and the 
date the movement of the fruit began.
    (ii) The regulated fruit is moved through the quarantined area 
without being unloaded and no regulated article is added to the shipment 
in the quarantined area.
    (iii) The regulated fruit is completely covered, or enclosed in 
containers or in a compartment of a vehicle, both during its movement to 
a packing plant in a quarantined area and during its movement from a 
packing plant in a quarantined area to destinations outside that 
quarantined area.
    (iv) At the packing plant, regulated fruit produced outside the 
quarantined areas is stored separately from and has had no contact with 
regulated fruit produced in a quarantined area. Any equipment at the 
packing plant that comes in contact with regulated fruit produced in a 
quarantined area is treated in accordance with Sec. 310.75-11(d) of 
this subpart before being used to handle any regulated fruit not 
produced in a quarantined area.
    (v) The regulated fruit is treated at the packing plant in 
accordance with Sec. 301.75-11(a) of this subpart.

[[Page 78]]

    (vi) Due to the likelihood that they will be commingled with similar 
regulated articles collected from regulated fruit produced in a 
quarantined area, all leaves, litter, and culls collected from the 
shipment of regulated fruit at the packing plant are handled as 
prescribed in Sec. 301.75-4(d)(2)(ii)(E) of this subpart.
    (vii) The regulated fruit is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0325)

[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999; 
71 FR 43352, Aug. 1, 2006; 72 FR 1415, Jan. 12, 2007; 72 FR 13428, Mar. 
22, 2007; 72 FR 65203, Nov. 19, 2007; 73 FR 44617, July 31, 2008]



Sec. 301.75-8  Interstate movement of regulated seed from a quarantined area.

    Regulated seed may be moved interstate from a quarantined area into 
any area of the United States if all of the following conditions are 
met:
    (a) During the 2 years before the interstate movement, no plants or 
plant parts infected with or exposed to citrus canker were found in the 
grove or nursery producing the fruit from which the regulated seed was 
extracted.
    (b) The regulated seed was treated in accordance with Sec. 301.75-
11(b) of this subpart.
    (c) The regulated seed is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

[55 FR 37452, Sept. 11, 1990]



Sec. 301.75-9  Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.

    A regulated article may be moved interstate from a quarantined area 
if:
    (a) Moved by the United States Department of Agriculture for 
experimental or scientific purposes;
    (b) Moved pursuant to a Departmental permit issued for such article 
by the Administrator;
    (c) Moved in accordance with conditions specified on the 
Departmental permit and determined by the Administrator to be adequate 
to prevent the spread of citrus canker, i.e., conditions of treatment, 
processing, growing, shipment, disposal; and
    (d) Moved with a Departmental tag or label securely attached to the 
outside of the container containing the article or securely attached to 
the article itself if not in a container, with such tag or label bearing 
a Departmental permit number corresponding to the number of the 
Departmental permit issued for such article.

[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, 
Sept. 11, 1990]



Sec. 301.75-10  Interstate movement of regulated articles through a quarantined area.

    Any regulated article not produced in a quarantined area may be 
moved interstate through a quarantined area, without a certificate, 
limited permit, or Departmental permit, if all of the following 
conditions are met:
    (a) The regulated article is accompanied by either: A receipt 
showing that the regulated article was purchased outside the quarantined 
area, or a bill of lading stating the location of the premises where the 
shipment originated, the type and quantity of regulated articles being 
moved interstate, and the date the interstate movement began.
    (b) The regulated article is moved through the quarantined area 
without being unloaded, and no regulated article, except regulated fruit 
that qualifies for interstate movement from the quarantined area in 
accordance with Sec. 301.75-7 of this subpart, is added to the shipment 
in the quarantined area.
    (c) The regulated article is completely covered, or enclosed in 
containers or in a compartment of a vehicle, during movement through the 
quarantined area, except that, covering or enclosure is not required if 
the regulated article is moved through the quarantined area without 
stopping, except for refueling or for traffic conditions, such as 
traffic lights or stop signs.

[55 FR 37452, Sept. 11, 1990]

[[Page 79]]



Sec. 301.75-11  Treatments.

    (a) Regulated fruit. Regulated fruit for which treatment is required 
by this subpart must be treated in at least one of the following ways at 
a commercial packinghouse whose owner operates under a compliance 
agreement under Sec. 301.75-7(a)(2):
    (1) The regulated fruit must be thoroughly wetted for at least 2 
minutes with a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or
    (2) The regulated fruit must be thoroughly wetted with a solution 
containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to 
2.0 percent of the total solution, for 45 seconds if the solution has 
sufficient soap or detergent to cause a visible foaming action or for 1 
minute if the solution does not contain sufficient soap to cause a 
visible foaming action.
    (3) Peroxyacetic acid. The regulated fruit must be thoroughly wetted 
for at least 1 minute with a solution containing 85 parts per million 
peroxyacetic acid.
    (4) Sodium hypochlorite , peroxyacetic acid, and SOPP must be 
applied in accordance with label directions.
    (b) Regulated seed. Regulated seed for which treatment is required 
by this subpart must be extracted from fruit that has been treated in 
accordance with paragraph (a) of this section. The regulated seed must 
then be cleaned free of pulp, immersed for 10 minutes in water heated to 
125 [deg]F. (51.6 [deg]C.) or higher, then immersed for at least 2 
minutes in a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5.
    (c) Personnel. All personnel for which treatment is required by this 
subpart must clean their hands using one of the following disinfectants:
    (1) Gallex 1027 Antimicrobial Soap;
    (2) Hibiclens;
    (3) Hibistat;
    (4) Sani Clean Hand Soap; or
    (5) Seventy Percent Isopropyl Alcohol.
    (d) Vehicles, equipment, and other articles. All vehicles, 
equipment, and other articles for which treatment is required by this 
subpart must be cleaned and disinfected by removing all plants, leaves, 
twigs, fruit, and other plant parts from all areas of the equipment or 
vehicles, including in cracks, under chrome strips, and on the 
undercarriage of vehicles, and by wetting all surfaces (including the 
inside of boxes and trailers), to the point of runoff, with one of the 
following disinfectants:
    (1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 
7.5;
    (2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) 
compound;
    (3) A solution of hot water and detergent, under high pressure (at 
least 30 pounds per square inch), at a minimum temperature of 160 
[deg]F;
    (4) Steam, at a minimum temperature of 160 [deg]F. at the point of 
contact; or
    (5) A solution containing 85 parts per million peroxyacetic acid 
(indoor use only).

[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 
FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 
11, 1990; 72 FR 65204, Nov. 19, 2007]



Sec. 301.75-12  Certificates and limited permits.

    (a) Issuance and withdrawal. (1) Certificates and limited permits 
may be issued for the interstate movement of regulated articles only by 
an inspector or by persons operating under a compliance agreement.
    (2) A certificate or limited permit may be withdrawn by an inspector 
if the inspector determines that any of the applicable requirements of 
this subpart have not been met. The decision of the inspector and the 
reason for the withdrawal must be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit is 
withdrawn may appeal the decision in writing to the Administrator within 
10 days after receiving the written notification. The appeal must state 
all of the facts and reasons upon which the person relies to show that 
the certificate or limited permit was wrongfully withdrawn. The 
Administrator must grant or deny the appeal in writing, stating the 
reasons for the decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing will

[[Page 80]]

be held to resolve the conflict. Rules of practice concerning the 
hearing will be adopted by the Administrator.
    (b) Attachment and disposition. (1) Except as provided in Sec. 
301.75-6(b)(8) for calamondin and kumquat plants, certificates and 
limited permits accompanying regulated articles interstate must be 
attached during the interstate movement to one of the following:
    (i) The outside of the regulated article, if the regulated article 
is not packed in a container, or
    (ii) The outside of the container in which the regulated article is 
packed, or
    (iii) The consignee's copy of the accompanying waybill, but only if 
the regulated article is described on the certificate, limited permit, 
or waybill in a way that allows the regulated article to be identified.
    (2) Certificates and limited permits accompanying regulated articles 
interstate must be given to the consignee at the point of destination.

[55 FR 37453, Sept. 11, 1990, as amended at 72 FR 13428, Mar. 22, 2007]



Sec. 301.75-13  Compliance agreements.

    (a) Eligibility. Any person engaged in the business of growing or 
handling regulated articles for interstate movement may enter into a 
compliance agreement with the Animal and Plant Health Inspection Service 
to facilitate the interstate movement of regulated articles in 
accordance with this subpart. Compliance agreements may be arranged by 
contacting a local office of Plant Protection and Quarantine, Animal and 
Plant Health Inspection Service (listed in local telephone directories), 
or by contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
    (b) Cancellation. Any compliance agreement may be cancelled orally 
or in writing by an inspector if the inspector finds that the person who 
entered into the compliance agreement has failed to comply with this 
subpart. If the person is given notice of cancellation orally, written 
confirmation of the decision and the reasons for it must be provided as 
promptly as circumstances allow. Any person whose compliance agreement 
is cancelled may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The 
Administrator must grant or deny the appeal, in writing, stating the 
reasons for the decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing will be held to resolve 
the conflict. Rules of practice concerning the hearing will be adopted 
by the Administrator.

[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.75-14  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
United States Department of Agriculture will not be responsible for any 
costs or charges incident to inspections or compliance with the 
provisions in this subpart, other than for the services of the 
inspector.

[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 
1990]



Sec. 301.75-15  Funds for the replacement of commercial citrus trees.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive funds to replace 
commercial citrus trees in accordance with the provisions of this 
section.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive funds to replace commercial citrus trees removed to 
control citrus canker if the trees were removed pursuant to a public 
order between 1986 and 1990 or on or after September 28, 1995.
    (b) Tree replacement payments. The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
funds to replace commercial citrus trees will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment of $26 per tree up to the following per-acre maximum 
payments:

[[Page 81]]



------------------------------------------------------------------------
                                                                Maximum
                           Variety                              payment
                                                               per acre
------------------------------------------------------------------------
Grapefruit, red seedless....................................      $2,704
Orange, Valencia............................................       3,198
Orange, early/midseason/navel...............................       3,068
Tangelo.....................................................       2,964
Lime........................................................       4,004
Other or mixed citrus.......................................       2,704
------------------------------------------------------------------------

    (c) How to apply for tree replacement funds. The form necessary to 
apply for funds to replace commercial citrus trees may be obtained from 
any local citrus canker eradication program office in Florida, or from 
the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, 
Plantation, FL 33313. The completed application should be accompanied by 
a copy of the public order directing the destruction of the trees and 
its accompanying inventory that describes the number and the variety of 
trees removed. Your completed application must be sent to the USDA 
Citrus Canker Eradication Program, Attn: Commercial Tree Replacement 
Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter 
Haven, FL 33881. Claims for trees destroyed on or before October 16, 
2000, must have been received on or before December 15, 2000. Claims for 
trees destroyed after October 16, 2000, must be received within 60 days 
after the destruction of the trees. The Administrator may, on a case-by-
case basis, approve the consideration of late claims when it appears 
that the claim was late through no fault of the owner of the trees, in 
the opinion of the Administrator. However, any request for consideration 
of a late claim must be submitted to the Administrator on or before 
August 19, 2002 for trees destroyed on or before August 17, 2001, and 
within 1 year after the destruction of the trees for trees destroyed 
after August 17, 2001.

(Approved by the Office of Management and Budget under control number 
0579-0163)

[65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001]



Sec. 301.75-16  Payments for the recovery of lost production income.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive payments in 
accordance with the provisions of this section to recover income from 
production that was lost as the result of the removal of commercial 
citrus trees to control citrus canker.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive payments to recover income from production that was 
lost as the result of the removal of commercial citrus trees to control 
citrus canker if the trees were removed pursuant to a public order 
between 1986 and 1990 or on or after September 28, 1995.
    (b) Calculation of payments. (1) The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
payments to recover lost production income will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment calculated using the following rates:

------------------------------------------------------------------------
                                                               Payment
                       Citrus variety                         (per acre)
------------------------------------------------------------------------
Grapefruit.................................................       $3,342
Orange, Valencia, and tangerine............................        6,446
Orange, navel (includes early and midseason oranges).......        6,384
Tangelo....................................................        1,989
Lime.......................................................        6,503
Other or mixed citrus......................................        3,342
------------------------------------------------------------------------

    (2) Payment adjustments. (i) In cases where the owner of a 
commercial citrus grove had obtained ACC coverage for trees in his or 
her grove and received crop insurance payments following the destruction 
of the insured trees, the payment provided for under paragraph (b)(1) of 
this section will be reduced by the total amount of the crop insurance 
payments received by the commercial citrus grove's owner for the insured 
trees.
    (ii) In cases where ACC coverage was available for trees in a 
commercial citrus grove but the owner of the grove had not obtained ACC 
coverage for his or her insurable trees, the per-acre payment provided 
for under paragraph (b)(1) of this section will be reduced by 5 percent.
    (c) How to apply for lost production payments. The form necessary to 
apply for lost production payments may be obtained from any local citrus 
canker eradication program office in Florida, or from the USDA Citrus 
Canker Eradication Program, 6901 West Sunrise

[[Page 82]]

Boulevard, Plantation, FL 33313. The completed application should be 
accompanied by a copy of the public order directing the destruction of 
the trees and its accompanying inventory that describes the acreage, 
number, and the variety of trees removed. Your completed application 
must be sent to the USDA Citrus Canker Eradication Program, Attn: Lost 
Production Payments Program, c/o Division of Plant Industry, 3027 Lake 
Alfred Road, Winter Haven, FL 33881. Claims for losses attributable to 
the destruction of trees on or before the effective date of this rule 
must be received on or before September 17, 2001. Claims for losses 
attributable to the destruction of trees after the effective date of 
this rule must be received within 60 days after the destruction of the 
trees. The Administrator may, on a case-by-case basis, approve the 
consideration of late claims when the circumstances appear, in the 
opinion of the Administrator, to warrant such consideration. However, 
any request for consideration of a late claim must be submitted to the 
Administrator on or before July 18, 2002 for trees destroyed on or 
before July 18, 2001, and within 1 year after the destruction of the 
trees for trees destroyed after July 18, 2001.

[66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, 
June 8, 2006]



Sec. 301.75-17  Funds for the replacement of certified citrus nursery stock.

    Subject to the availability of appropriated funds, a commercial 
citrus nursery may be eligible to receive funds to replace certified 
citrus nursery stock in accordance with the provisions of this section.
    (a) Eligibility. A commercial citrus nursery may be eligible to 
receive funds to replace certified citrus nursery stock removed to 
control citrus canker if the nursery stock was removed pursuant to a 
public order after September 30, 2001, and before January 10, 2006.
    (b) Certified citrus nursery stock payments. A commercial citrus 
nursery that is eligible under paragraph (a) of this section to receive 
funds to replace certified citrus nursery stock will, upon approval of 
an application submitted in accordance with paragraph (c) of this 
section, receive a payment calculated using the following rates:

------------------------------------------------------------------------
    Type of certified nursery stock            Payment  (dollars)
------------------------------------------------------------------------
Seedlings.............................  0.18/plant.
Liners or rootstock...................  1.50/plant.
Budded field grown citrus plants......  4.00/plant.
Budded container/greenhouse citrus      4.50/plant.
 plants.
Citrus nursery stock in containers for
 wholesale or retail sale:
  1 gallon............................  5.00/container.
  3 gallon............................  10.00/container.
  5 gallon............................  15.00/container.
  7 gallon............................  20.00/container.
  Larger than 7 gallon................  26.00/container.
------------------------------------------------------------------------

    (c) How to apply for certified nursery stock replacement funds. The 
form necessary to apply for funds to replace certified nursery stock may 
be obtained from any local citrus canker eradication program office in 
Florida, or from the USDA Citrus Canker Eradication Program, 6901 West 
Sunrise Boulevard, Plantation, FL 33313. The completed application 
should be accompanied by a copy of the public order directing the 
destruction of the trees and its accompanying inventory that describes 
the number and type of the certified nursery stock removed. If the 
certified nursery stock was planted in pots, the inventory should 
specify the size of the container. If the certified nursery stock was 
bare root plants or in a temporary container, the inventory should 
specify whether the plant was non-budded or budded. The completed 
application must be sent to the USDA Citrus Canker Eradication Program, 
Attn: Commercial Compensation, 10300 Sunset Dr., Suite 150, Miami, FL 
33173. Claims for certified nursery stock must be received by August 7, 
2006.

[71 FR 33172, June 8, 2006]



                            Subpart_Witchweed

                       Quarantine and Regulations



Sec. 301.80  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the States of North 
Carolina and South Carolina

[[Page 83]]

in order to prevent the spread of witchweed (Striga spp.), a parasitic 
plant that causes a dangerous disease of corn, sorghum, and other crops 
of the grass family and is not widely prevalent or distributed within 
and throughout the United States. Through the aforementioned 
authorities, the Secretary imposes a quarantine on the States of North 
Carolina and South Carolina with respect to the interstate movement from 
those States of articles described in paragraph (b) of this section, 
issues regulations in this subpart governing the movement of such 
articles, and gives notice of this quarantine action.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.80-1(p) as regulated articles), except in 
accordance with the conditions prescribed in this subpart:
    (1) Soil, compost, peat, humus, muck, and decomposed manure, 
separately or with other things; sand; and gravel.
    (2) Plants with roots.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Root crops, except those from which all soil has been removed.
    (7) Peanuts in shells and peanut shells, except boiled or roasted 
peanuts.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter of any kind.
    (10) Seed cotton and gin trash.
    (11) Stumpwood.
    (12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes, 
and watermelons, except those from which all soil has been removed.
    (13) Pickling cucumbers, string beans, and field peas.
    (14) Cabbage, except firm heads with loose outer leaves removed.
    (15) Leaf tobacco, except flue-cured leaf tobacco.
    (16) Ear corn, except shucked ear corn.
    (17) Sorghum.
    (18) Used crates, boxes, burlap bags, and cotton-picking sacks, and 
other used farm products containers.
    (19) Used farm tools.
    (20) Used mechanized cultivating equipment and used harvesting 
equipment.
    (21) Used mechanized soil-moving equipment.
    (22) Any other products, articles, or means of conveyance, of any 
character whatsoever, not covered by paragraphs (b) (1) through (20) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of witchweed, and the person in possession thereof has 
been so notified.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993; 66 FR 21052, Apr. 
27, 2001]



Sec. 301.80-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said Service to whom authority to act in his stead has been 
or may hereafter be delegated.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.

[[Page 84]]

    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.80-2.
    Infestation. The presence of witchweed or the existence of 
circumstances that make it reasonable to believe that witchweed is 
present.
    Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertifiable regulated 
articles to a specified destination for limited handling, utilization, 
or processing, or for treatment.
    Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors, e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes, e.g., mechanical cotton harvesters, hay balers, corn pickers, 
and combines.
    Mechanized soil-moving equipment. Mechanized equipment used to move 
or transport soil, e.g., draglines, bulldozers, road scrapers, and 
dumptrucks.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Plant Protection and Quarantine Programs. The organizational unit 
with the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any quarantined State, or any portion thereof, 
designated as a regulated area in Sec. 301.80-2a or otherwise 
designated as a regulated area in accordance with Sec. 301.80-2(b).
    Regulated articles. Any articles described in Sec. 301.80(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certifiable under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    Suppressive area. That portion of a regulated area where eradication 
of infestation is undertaken as an objective, as designated by the 
Deputy Administrator under Sec. 301.80-2(a).
    Treatment Manual. The provisions currently contained in the ``Manual 
of Administratively Authorized Procedures to be Used Under the Witchweed 
Quarantine'' and the ``Fumigation Procedures Manual'' and any amendments 
thereto. \1\
---------------------------------------------------------------------------

    \1\ Pamphlets containing such provisions are available upon request 
to the Deputy Administrator, Plant Protection and Quarantine Programs, 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------

    Witchweed. Parasitic plants of the genus Striga and reproductive 
parts thereof, including seeds.

[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001]

[[Page 85]]



Sec. 301.80-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall designate as regulated areas, in a 
supplemental regulation designated as Sec. 301.80-2a, each quarantined 
State, or each portion thereof in which witchweed has been found or in 
which there is reason to believe that witchweed is present or which it 
is deemed necessary to regulate because of its proximity to infestation 
or its inseparability for quarantine enforcement purposes from infested 
localities. The Deputy Administrator, in the supplemental regulation, 
may designate any regulated area or portion thereof, as a suppressive 
area or a generally infested area in accordance with the definitions 
thereof in Sec. 301.80-1. Less than an entire quarantined State will be 
designated as a regulated area only if the Deputy Administrator is of 
the opinion that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the interstate spread of 
witchweed.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator or an authorized 
inspector may temporarily designate any other premises in a quarantined 
State as a regulated area and may designate the regulated area or 
portions thereof as a suppressive or generally infested area, in 
accordance with the criteria specified in paragraph (a) of this section 
for designating such area, by serving written notice thereof on the 
owner or person in possession of such premises, and thereafter the 
interstate movement of regulated articles from such premises by any 
person having notice of the designation shall be subject to the 
applicable provisions of this subpart. As soon as practicable, such 
premises shall be added to the list in Sec. 301.80-2a if a basis then 
exists for their designation.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section. The 
Deputy Administrator or an inspector shall terminate the designation 
provided for under paragraph (b) of this section of any premises 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section, and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.80-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he may 
prescribe, if he finds that facts exist as to the pest risk involved in 
the movement of such regulated articles which make it safe to so relieve 
such requirements.

[41 FR 27372, July 2, 1976]



Sec. 301.80-2a  Regulated areas; generally infested and suppressive areas.

    The civil divisions and parts of civil divisions described below are 
designated as witchweed regulated areas within the meaning of this 
subpart.

                             NORTH CAROLINA

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Bladen County. That area located north and east of the Cape Fear 
River.
    The Hardison, H.B., farm located on a field road 0.25 mile northwest 
of its intersection with State Secondary Road 1719 and 0.2 mile west of 
its intersection with State Secondary Road 1797.

[[Page 86]]

    Cumberland County. That area bounded on the west by the Cape Fear 
River, then by a line running east and northeast along the Fayetteville 
city limits to U.S. Highway 301, then northeast on U.S. Highway 301 to 
Interstate 95, then northeast on Interstate 95 to U.S. Highway 13, then 
east and northeast on U.S. Highway 13 to the Cumberland-Sampson County 
line.
    The Barker, P.R., farm located on the south side of State Secondary 
Road 2242, 0.2 mile south of Interstate 95 on State Secondary Road 2252.
    The Jackson, Ellis, farm located on the west side of State Secondary 
Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its intersection with U.S. 
Highway 301.
    The McLaughlin, Cornell, farm located on the south side of State 
Secondary Road 2221 and 0.2 mile east of its intersection with State 
Secondary Road 2367.
    The Thigpen, William, farm located on the south side of State 
Secondary Road 2212 and 1 mile west of its intersection with N.C. 
Highway 87.
    Pender County. The Cones Folly farm located along a farm road 2.3 
miles south of its intersection with State Secondary Road 1201 and 2.2 
miles southeast of its intersection with State Secondary Road 1200.
    Robeson County. That area bounded on the west by the Robeson County/
Scotland County line; then by a line running east along the Robeson 
County/Hoke County line to N.C. Highway 211; then southeast on N.C. 
Highway 211 to the Robeson County/Bladen County line; then south along 
the Robeson County/Bladen County line and the Robeson County/Columbus 
County line to U.S. Highway 74; then northwest on U.S. Highway 74 to 
N.C. Highway 41; then south on N.C. Highway 41 to the South Carolina 
State line; and then northwest along the South Carolina State line to 
the Robeson County/Scotland County line. (This area may be more 
generally described as that part of Robeson County lying south and west 
of N.C. Highway 211, bounded by U.S. Highway 74 east of N.C. Highway 41 
and by the South Carolina line west of N.C. Highway 41.)
    The Brown, James, farm located on the south side of a private road 
known as Reola Drive, 0.1 mile east of its intersection with State 
Secondary Road 1823, which intersection is 0.7 mile south of the 
intersection of State Secondary Road 1823 with State Secondary Road 
1774.
    The Buie, Joshua, farm located on a farm road 0.8 mile south of its 
intersection with State Secondary Road 1529 and 0.3 mile southwest of 
the right of way of Interstate Highway 95.
    The Lewis, Knox, farm located on the south side of State Secondary 
Road 1752, 0.5 mile east of its intersection with State Secondary Road 
1318.
    Sampson County. That area bounded on the north by N.C. Highway 24 
and on the east by U.S. Highway 701.
    The Brady-Johnson, William, property located on a private road in 
the town of Salemburg, 0.1 mile north of its intersection with Church 
Street and 0.1 mile west of its intersection with N.C. Highway 242.
    The Carter, Raeford, farm located on the west side of State 
Secondary Road 1144, 0.2 mile north of its intersection with State 
Secondary Road 1143.
    The Lucas, June, estate located at the end of State Secondary Road 
1496, 1.0 mile northwest of its intersection with State Secondary Road 
1233.
    The Parker, David, farm located on the northwest side of the 
intersection of a private road known as David Parker Lane and State 
Secondary Road 1301, 0.5 mile north of the intersection of State 
Secondary Road 1301 with N.C. Highway 24.
    The Riley, Troy Lee, property located 0.05 mile west of the end of a 
private road known as Stage Coach Lane, 0.2 mile north of the 
intersection of Stage Coach Lane and N.C. Highway 24, in the town of 
Autryville.

                             SOUTH CAROLINA

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Horry County. The Bell, Richard, farm located on the east side of 
State Highway 90, 5.7 miles north of its intersection with State Highway 
22.
    The Chestnut, Jacob T., farm located on the west side of an unpaved 
road known as Short Cut Road, 0.2 mile north of its junction with an 
unpaved road known as Pint Circle Road, 0.4 mile east of its junction 
with and 0.8 mile north of its junction with State Highway 90.
    The Cribbs, L.V., farm located on the west side of an unpaved road 
known as Causey Road, 3.3 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Cribbs, L.V., farm located on the east side of an unpaved road 
known as Causey Road, 2.8 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Gerald, Kenneth, farm located on the south side of a secondary 
highway known as Lake Swamp Road, 0.4 mile east of its intersection with 
a secondary highway known as Nichols Highway South and 1.6 miles south 
of its intersection with State Highway 917.
    The Gerald, Ravenell, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.6 mile north of its

[[Page 87]]

junction with State Highway 917 and 1.1 miles east of its intersection 
with a secondary highway known as Nichols Highway.
    The Hammonds, Austin J., farm located on the north side of a 
secondary road known as Sandplant Road, 1.5 miles west of its 
intersection with State Highway 76 and 1.7 miles north of its 
intersection with State Highway 9.
    The Livingston, Pittman, farm located on the east side of State 
Highway 90, 2.2 miles north of its junction with State Highway 22.
    The Mae, Blossie, farm located on the west side of an unpaved road 
known as Dela Road, 0.3 mile south of its intersection with a secondary 
road known as Pint Circle Road, 0.2 mile west of its intersection with 
State Highway 90, and 3.5 miles north of its intersection with State 
Highway 22.
    The McDaniel, Ellis, farm located on the south side of State Highway 
917, 1.4 miles west of its intersection with a secondary highway known 
as Nichols Highway.
    The Smith, Tommy G., farm located on the south side of a secondary 
road known as Old Chesterfield Road, 0.5 mile east of its intersection 
with State Highway 90 and 2.7 miles north of its intersection with State 
Highway 22.
    The Strickland, Quincy, farm located on the north side of State 
Highway 917, 1.2 miles west of its intersection with a secondary highway 
known as Nichols Highway.
    The Stroud, J.B., farm located on the east side of an unpaved road 
known as Providence Drive, 1.3 miles north of its junction with an 
unpaved road known as Tranquil Road, 0.5 mile west of its junction with 
a secondary highway known as Nichols Highway North and 2.3 miles north 
of its intersection with State Highway 917.
    The Vault, Bennie, farm located on the west side of an unpaved road 
known as Strawberry Road, 0.5 mile south of its junction with State 
Highway 90.
    Vereen, Isiah, farm located on the west side of an unpaved road 
known as West Shore Road, 1.6 miles south of its junction with State 
Highway 90.
    Vereen, Lula, farm located on the north side of a secondary road 
known as Dogwood Road, 1.6 miles north of its intersection with State 
Highway 22, then 0.7 mile east of its intersection with State Highway 
90.
    The Willoughby, Shane, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.4 mile north of its junction with 
State Highway 917 and 1.1 miles east of its intersection with a 
secondary highway known as Nichols Highway.
    The Worley, Floyd C., farm located on both sides of a secondary road 
known as Sandplant Road, 1.1 miles west of its intersection with State 
Highway 76 and 1.7 miles north of its intersection with State Highway 9.
    Marion County. The Baxley, Warner, farm located on the west side of 
Penderboro Road, 1.6 miles north of its intersection with the State 
Highway 501 Bypass.
    The Best Woods Road and Bubba Road farm located on both sides of 
Best Woods Road, 1.4 miles south of its intersection with State Highway 
76.
    The Erwin, Harold, farm located on the west side of the State 
secondary road known as Laughin Road, 1 mile north of its intersection 
with State Highway 76.
    The Gerald, Issaic, farm located on the west side of a secondary 
road known as Foxworth Road, 0.3 mile northwest of its intersection with 
Secondary Road 9.
    The Holmes, Issaic, farm located on the east side of an unpaved road 
known as Phill Road, 0.5 mile south of its junction with State Highway 9 
and 5 miles east of its intersection with State Highway 41-A.
    The Johnson, J. D., farm located on the west side of an unpaved road 
known as Harold Road, 0.6 mile north of its intersection with Old 
Mullins Road and 1.3 miles west of its intersection with North Main 
Street in Nichols.
    The Keen, Davis, Estate farm located on the south side of an unpaved 
road known as Frazier Road, 0.7 mile northwest of its intersection with 
Secondary Road 9.
    The Richardson, Billy, farm located on the east side of Secondary 
Road 908, 0.8 mile north of its intersection with State Highway 378.
    The Rogers, Paul, farm located on the north side of an unpaved road 
known as Tobacco Barn Road, 0.8 mile west of its intersection with a 
State secondary road known as E. Sellers Road and 1.7 miles north of its 
intersection with State Highway 41-A.

[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003; 72 
FR 7925, Feb. 22, 2007; 72 FR 44951, Aug. 10, 2007]



Sec. 301.80-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit and other requirements of this subpart if they meet the 
applicable conditions prescribed in paragraphs (a) (1) through (5) of 
this section and have not been exposed to infestation after cleaning or 
other handling as prescribed in said paragraph:
    (1) Small grains, if harvested in bulk or into new or treated 
containers, and if the grains and containers for the grains have not 
come in contact with

[[Page 88]]

the soil or if they have been cleaned at a designed facility. \2\
---------------------------------------------------------------------------

    \2\ Information as to designated facilities, gins, oil mills, and 
processing plants may be obtained from an inspector. Any facility, gin, 
oil mill, or processing plant is eligible for designation under this 
subpart if the operator thereof enters into a compliance agreement (as 
defined in Sec. 301.80-1(b)).
---------------------------------------------------------------------------

    (2) Soybeans, when determined by an inspector that the soybeans were 
grown, harvested, and handled in a manner to prevent contamination from 
witchweed seed.
    (3) Pickling cucumbers, string beans, and field peas, if washed free 
of soil with running water.
    (4) Used farm tools, if cleaned free of soil.
    (5) Used mechanized cultivating equipment and used mechanized soil-
moving equipment, if cleaned free of soil.
    (b) The following article is exempt from the certification and 
permit requirements of Sec. 301.80-4 under the applicable conditions as 
prescribed in paragraph (b)(1) of this section:
    (1) Seed cotton, if moving to a designated gin. \2\

[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988]



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

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles, except soil samples for processing, 
testing, or analysis, may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Sec. Sec. 301.80-4 and 301.80-7, if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the witchweed and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or
    (2) Without certificate or permit if moved:
    (i) From any regulated area under the provisions of Sec. 301.80-2b 
which exempts certain articles from certificate and permit requirements; 
or
    (ii) From a generally infested area to a contiguous generally 
infested area; or
    (iii) From a suppressive area to a contiguous generally infested 
area; or
    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the witchweed exists; or
    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (3) From any area outside the regulated areas, if moved:
    (i) With a certificate or permit attached; or
    (ii) Without a certificate or permit, if:
    (A) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.80-2b; or
    (B) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.
    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing, or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \4\ by the Deputy Administrator and so listed

[[Page 89]]

by him in a supplemental regulation. \5\ A certificate or permit will 
not be required to be attached to such soil samples except in those 
emergency situations where the Deputy Administrator has authorized such 
movement to another destination with a certificate or permit issued and 
attached in accordance with Sec. Sec. 301.80-4(d) and 301.80-7. Soil 
samples originating in areas outside of the regulated areas will not 
require such a certificate or permit and their movement is not 
restricted to approved laboratories if the point of origin of such 
samples is clearly indicated on the articles or shipping document which 
accompanies the articles and if the movement is not made through any 
regulated area.
---------------------------------------------------------------------------

    \4\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \5\ For list of approved laboratories, see (41 FR 4615 and 
amendments thereof).

[41 FR 27373, July 2, 1976]



Sec. 301.80-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if he 
determines that they are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing, or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with the 
treatment manual, when upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of witchweed and requirements of other applicable Federal 
domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles, and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations, 
may be issued by the Deputy Administrator under such conditions as may 
be prescribed in each specific case by the Deputy Administrator to 
prevent the spread of witchweed.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments of regulated articles (except soil samples for 
processing, testing, or analysis) provided such person is operating 
under a compliance agreement; and any such person may be authorized by 
an inspector to reproduce such forms on shipping containers or 
otherwise. Any such person may execute and issue the certificate forms, 
or reproductions of such forms, for the interstate movement of regulated 
articles from the premises of such person identified in the compliance 
agreement if such person has treated such regulated articles to destroy 
infestation in accordance with the treatment manual, and if such 
regulated articles are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles. Any such person may execute and issue the limited permit 
forms, or reproductions of such forms, for interstate movement of 
regulated articles to specified destinations when the inspector has made 
the determinations specified in paragraph (b) of this section. Any such 
person may execute and issue the restricted destination permit forms, or 
reproductions of such

[[Page 90]]

forms, for the interstate movement of regulated articles not eligible 
for certification under all Federal domestic plant quarantines 
applicable to such articles, under the conditions specified in paragraph 
(c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he 
determines that the holder thereof has not complied with any condition 
for the use of such document imposed by this subpart. As soon as 
possible after such withdrawal, the holder of the certificate or permit 
shall be notified in writing by the Deputy Administrator or an inspector 
of the reason therefor and afforded reasonable opportunity to present 
his views thereon, and if there is a conflict as to any material fact, a 
hearing shall be held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever he finds that such other party has 
failed to comply with the conditions of the agreement. As soon as 
possible after such cancellation, such party shall be notified in 
writing by the Deputy Administrator or an inspector of the reason 
therefor and afforded reasonable opportunity to present views thereon, 
and if there is a conflict as to any material fact, a hearing shall be 
held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.80-4(e)) who desire to move interstate regulated 
articles which must be accompanied by a certificate or permit shall, as 
far in advance as possible, request an inspector to examine the articles 
prior to movement. Such articles shall be assembled at such points and 
in such a manner as the inspector designates to facilitate inspection.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificates or permit shall be 
securely attached to the outside of the container in which such articles 
are moved except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and witchweed as provided in sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in 
accordance with instructions issued by the Deputy Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001]



Sec. 301.80-9  Movement of witchweed.

    Regulations requiring a permit for, and otherwise governing the 
movement of witchweed in interstate or foreign commerce are contained in 
the Federal

[[Page 91]]

plant pest regulations in part 330 of this chapter. Applications for 
permits for the movement of the pest may be made to the Deputy 
Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



                        Subpart_Imported Fire Ant

    Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.81  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.



Sec. 301.81-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved interstate to 
any destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Imported fire ant. Living imported fire ants of the species 
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of 
these species.
    Infestation (infested). The presence of an imported fire ant queen 
or a reproducing colony of imported fire ants, except that on grass sod 
and plants with roots and soil attached, an infestation is the presence 
of any life form of the imported fire ant.
    Inspector. An APHIS employee or other person authorized by the 
Administrator to enforce the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for interstate movement only to a specified destination and in 
accordance with conditions specified on the permit.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Noncompacted soil. Soil that can be removed from an article by brisk 
brushing or washing with water under normal city water pressure (at 
least 4 gallons per minute at 40 to 50 pounds per square inch through a 
\1/2\-inch orifice).
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Reproducing colony. A combination of one or more imported fire ant 
workers and one or more of the following immature imported fire ant 
forms: Eggs, larvae, or pupae.
    Soil. Any non-liquid combination of organic and/or inorganic 
material in which plants can grow.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.81-2  Regulated articles.

    The following are regulated articles:

[[Page 92]]

    (a) Imported fire ant queens and reproducing colonies of imported 
fire ants.\1\
---------------------------------------------------------------------------

    \1\ Permit and other requirements for the interstate movement of 
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) Soil,\2\ separately or with other articles, except potting soil 
that is shipped in original containers in which the soil was placed 
after commercial preparation.
---------------------------------------------------------------------------

    \2\ The movement of soil from Puerto Rico is subject to additional 
provisions in part 330 of this chapter.
---------------------------------------------------------------------------

    (c) Baled hay and baled straw stored in direct contact with the 
ground;
    (d) Plants and sod with roots and soil attached, except plants 
maintained indoors in a home or office environment and not for sale;
    (e) Used soil-moving equipment, unless removed of all noncompacted 
soil; and
    (f) Any other article or means of conveyance when:
    (1) An inspector determines that it presents a risk of spread of the 
imported fire ant due to its proximity to an infestation of the imported 
fire ant; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-3  Quarantined areas.

    (a) The Administrator will quarantine each State or each portion of 
a State that is infested.
    (b) Less than an entire State will be listed as a quarantined area 
only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles listed in Sec. 301.81-2 
that are equivalent to the interstate movement restrictions imposed by 
this subpart; and
    (2) Designating less than the entire State as a quarantined area 
will prevent the spread of the imported fire ant.
    (c) The Administrator may include uninfested acreage within a 
quarantined area due to its proximity to an infestation or 
inseparability from the infested locality for quarantine purposes, as 
determined by:
    (1) Projections of spread of imported fire ant around the periphery 
of the infestation, as determined by previous years' surveys;
    (2) Availability of natural habitats and host materials, within the 
uninfested acreage, suitable for establishment and survival of imported 
fire ant populations; and
    (3) Necessity of including uninfested acreage within the quarantined 
area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonquarantined area, or, in the case of 
publicly owned land, to the person responsible for the management of the 
nonquarantined area; thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area 
either will be added to the list of designated quarantined areas in 
paragraph (e) of this section, or the Administrator will terminate the 
designation. The owner or person in possession of, or, in the case of 
publicly owned land, the person responsible for the management of, an 
area for which the designation is terminated will be given written 
notice of the termination as soon as practicable.
    (e) The areas described below are designated as quarantined areas:

                                 Alabama

    The entire State.

                                Arkansas

    Ashley County. The entire county.
    Bradley County. The entire county.
    Calhoun County. The entire county.
    Chicot County. The entire county.
    Clark County. The entire county.
    Cleveland County. The entire county.
    Columbia County. The entire county.
    Dallas County. The entire county.
    Desha County. The entire county.
    Drew County. The entire county.

[[Page 93]]

    Faulkner County. The entire county.
    Garland County. The entire county.
    Grant County. The entire county.
    Hempstead County. The entire county.
    Hot Spring County. The entire county.
    Howard County. The entire county.
    Jefferson County. The entire county.
    Lafayette County. The entire county.
    Lincoln County. The entire county.
    Little River County. The entire county.
    Lonoke County. The entire county.
    Miller County. The entire county.
    Montgomery County. The entire county.
    Nevada County. The entire county.
    Ouachita County. The entire county.
    Perry County. The entire county.
    Pike County. The entire county.
    Polk County. The entire county.
    Pulaski County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.
    Yell County. The entire county.

                               California

    Los Angeles County. That portion of Los Angeles County in the 
Cerritos area bounded by a line beginning at the intersection of Artesia 
Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the 
Los Angeles/Orange County Line; then south and west along the Los 
Angeles/Orange County Line to Carson Street; then west along Carson 
Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
Centralia Street; then west along Centralia Street to Pioneer Boulevard; 
then north along Pioneer Boulevard to South Street; then east along 
South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
183rd Street; then east along 183rd Street to Bloomfield Avenue; then 
north along Bloomfield Avenue to Artesia Boulevard; then east along 
Artesia Boulevard to the point of beginning.
    That portion of Los Angeles County in the Azusa area bounded by a 
line beginning at the intersection of Irwindale Avenue and Foothill 
Boulevard; then east along Foothill Boulevard to Azusa Avenue; then 
south along Azusa Avenue to East Fifth Street; then east along East 
Fifth Street to North Cerritos Avenue; then south along North Cerritos 
Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, 
then south along Azusa Avenue to Covina Boulevard; then west along an 
imaginary line to the intersection of Martinez Street and Irwindale 
Avenue; then north along Irwindale Avenue to the point of beginning.
    Orange County. The entire county.
    Riverside County. That portion of Riverside County in the Indio area 
bounded by a line beginning at the intersection of Avenue 50 and Jackson 
Street; then south along Jackson Street to 54th Avenue; then west along 
54th Avenue to Madison Street; then north along Madison Street to Avenue 
50; then east along Avenue 50 to the point of beginning.
    That portion of Riverside County in the Moreno Valley area bounded 
by a line beginning at the intersection of Reche Vista Drive and Canyon 
Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; 
then east along Valley Ranch Road to Michael Way; then south along 
Michael Way to Casey Court; then east along Casey Court to the Moreno 
Valley City Limits; then south and east along the Moreno Valley City 
Limits to Pico Vista Way; then southwest along Pico Vista Way to Los 
Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then 
west along Jaclyn Avenue to Perris Boulevard; then south along Perris 
Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard 
Street; then north along Hubbard Street to Nightfall Way; then west and 
south along Nightfall Way to Sundial Way; then west along Sundial Way to 
Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west 
along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane 
to Moonraker Lane; then west along Moonraker Lane to Davis Street; then 
south along Davis Street to Gregory Lane; then west along Gregory Lane 
to Heacock Street; then northwest along an imaginary line to the 
intersection of Lake Valley Drive and Breezy Meadow Drive; then north 
along Breezy Meadow Drive to its intersection with Stony Creek; then 
north along an imaginary line to the intersection of Old Lake Drive and 
Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to 
El Granito Street; then east along El Granito Street to Lawless Road; 
then east along an imaginary line to the intersection of Heacock Street 
and Reche Vista Drive; then north along Reche Vista Drive to the point 
of beginning.
    That portion of Riverside County in the Bermuda Dunes, Palm Desert, 
and Rancho Mirage areas bounded by a line beginning at the intersection 
of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to 
Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo 
Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then 
west along Gerald Ford Drive to Bob Hope Drive; then south along Bob 
Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive 
to Vista Del Sol; then south along Vista Del Sol to Country Club Drive; 
then east along Country Club Drive to Adams Street; then south along 
Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo 
Place; then south along Tranquillo Place to its intersection with 
Harbour Court; then southwest along an imaginary line to the 
intersection of Granada Drive and Caballeros Drive; then

[[Page 94]]

southeast along Caballeros Drive to Kingston Drive; then west along 
Kingston Drive to Mandeville Road; then east along Mandeville Road to 
Port Maria Road; then south along Port Maria Road to Fred Waring Drive; 
then west along Fred Waring Drive to its intersection with Dune Palms 
Road; then southwest along an imaginary line to the intersection of 
Adams Street and Miles Avenue; then west along Miles Avenue to 
Washington Street; then northwest along Washington Street to Fred Waring 
Drive; then west along Fred Waring Drive to Joshua Road; then north 
along Joshua Road to Park View Drive; then west along Park View Drive to 
State Highway 111; then northwest along State Highway 111 to Magnesia 
Fall Drive; then west along Magnesia Fall Drive to Gardess Road; then 
northwest along Gardess Road to Dunes View Road; then northeast along 
Dunes View Road to Halgar Road; then northwest along Halgar Road to 
Indian Trail Road; then northeast along Indian Trail Road to Mirage 
Road; then north along Mirage Road to State Highway 111; then northwest 
along State Highway 111 to Frank Sinatra Drive; then west along Frank 
Sinatra Drive to Da Vall Drive; then north along Da Vall Drive to Ramon 
Road; then east along Ramon Road to the point of beginning.
    That portion of Riverside County in the Palm Springs area bounded by 
a line beginning at the intersection of Tramway Road, State Highway 111, 
and San Rafael Drive; then east along San Rafael Drive to Indian Canyon 
Drive; then south along Indian Canyon Drive to Francis Drive; then east 
along Francis Drive to North Farrell Drive; then south along North 
Farrell Drive to Verona Road; then east along Verona Road to Whitewater 
Club Drive; then east along an imaginary line to the intersection of 
Verona Road and Ventura Drive; then east along Verona Road to Avenida 
Maravilla; then east and south along Avenida Maravilla to 30th Avenue; 
then west along 30th Avenue to its end; then due west along an imaginary 
line to the Whitewater River; then southeast along the Whitewater River 
to Dinah Shore Drive; then west along an imaginary line to the east end 
of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then 
south along Golf Club Drive to East Palm Canyon Drive; then south along 
an imaginary line to the intersection of Desterto Vista and Palm Hills 
Drive; then south along Palm Hills Drive to its end; then southwest 
along an imaginary line to the intersection of Murray Canyon and Palm 
Canyon Drive; then northwest along Palm Canyon Drive to the Palm Springs 
city limits; then west and north along Palm Springs city limits to 
Tahquitz Creek; then due north along an imaginary line to Tramway Road; 
then northeast along Tramway Road to the point of beginning.

                                 Florida

    The entire State.

                                 Georgia

    The entire State.

                                Louisiana

    The entire State.

                               Mississippi

    The entire State.

                               New Mexico

    Dona Ana County. The entire county.

                             North Carolina

    Anson County. The entire county.
    Beaufort County. The entire county.
    Bertie County. That portion of the county bounded by a line 
beginning at the intersection of State Highway 11/42 and the Hertford/
Bertie County line; then east along the Hertford/Bertie County line to 
the Bertie/Chowan County line; then south along the Bertie/Chowan County 
line to the Bertie/Martin County line; then west along the Bertie/Martin 
County line to State Highway 11/42; then north along State Highway 11/42 
to the point of beginning.
    Bladen County. The entire county.
    Brunswick County. The entire county.
    Cabarrus County. The entire county.
    Camden County. That portion of the county bounded by a line 
beginning at the intersection of State Road 1112 and State Highway 343; 
then east along State Highway 343 to State Road 1107; then south along 
State Road 1107 to the Camden/Pasquotank County line; then north along 
the Camden/Pasquotank County line to State Road 1112; then north along 
State Road 1112 to the point of beginning.
    Carteret County. The entire county.
    Chatham County. The entire county.
    Cherokee County. That portion of the county lying south and west of 
a line beginning at the intersection of the Cherokee/Clay County line 
and the North Carolina/Georgia State line; then north to U.S. Highway 
64; then northwest along the southern shoreline of Hiwassee Lake to the 
Tennessee State line.
    Chowan County. That portion of the county bounded by a line 
beginning at the intersection of the Chowan/Gates County line and State 
Highway 32; then south along State Highway 32 to State Highway 37; then 
east along State Highway 37 to the Chowan/Perquimans County line; then 
south along the Chowan/Perquimans County line to the shoreline of the 
Albemarle Sound; then west along the shoreline of the Albemarle Sound to 
the Chowan/Bertie County line; then north along the Chowan/Bertie County 
line to the Chowan/Hertford County line; then

[[Page 95]]

north along the Chowan/Hertford County line to the Chowan/Gates County 
line; then east along the Chowan/Gates County line to the point of 
beginning.
    Clay County. That portion of the county lying southwest of State 
Highway 69 and the North Carolina/Georgia State line; then north along 
Interstate 70 to its intersection with U.S. Highway 64; then west along 
U.S. Highway 64 to the Clay/Cherokee County boundary.
    Cleveland County. The entire county.
    Columbus County. The entire county.
    Craven County. The entire county.
    Cumberland County. The entire county.
    Currituck County. That portion of the county bounded by a line 
beginning at the intersection of the Currituck/Camden County line and 
State Road 1112; then east along State Road 1112 to U.S. Highway 158; 
then south along U.S. Highway 158 to State Road 1111; then east along 
State Road 1111 to the shoreline of the Atlantic Ocean; then south along 
the shoreline of the Atlantic Ocean to the Currituck/Duck County line; 
then south and west along the Currituck/Duck County line to the 
Currituck/Camden County line; then north along the Currituck/Camden 
County line to the point of beginning.
    Dare County. The entire county, excluding the portion of the barrier 
islands south of Oregon Inlet.
    Duplin County. The entire county.
    Durham County. That portion of the county lying south of Interstate 
85.
    Edgecombe County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S. 
Highway 64 Alternate; then west on U.S. Highway 64 Alternate to County 
Route 1252; then west of this northerly line to County Route 1408; then 
west on County Route 1408 to County Route 1407; then south on County 
Route 1407 to the Edgecombe/Nash County line.
    Gaston County. The entire county.
    Greene County. The entire county.
    Harnett County. The entire county.
    Hertford County. That portion of the county lying south and east of 
a line beginning at the intersection of State Highway 11 and the Bertie/
Hertford county line; then northeast on State Highway 11 to the U.S. 
Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/
Gates County line.
    Hoke County. The entire county.
    Hyde County. The entire county.
    Iredell County. That portion of the county lying south of State 
Highway 150.
    Johnston County. The entire county.
    Jones County. The entire county.
    Lee County. The entire county.
    Lenoir County. The entire county.
    Lincoln County. That portion of the county lying east of State 
Highway 321.
    Martin County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State 
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
    Mecklenburg County. The entire county.
    Montgomery County. The entire county.
    Moore County. The entire county.
    Nash County. That portion of the county lying south and east of the 
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95; 
then north on Interstate 95 to State Highway 4; then east on State 
Highway 4 to U.S. Highway 301; then east along a straight line from the 
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
    New Hanover County. The entire county.
    Onslow County. The entire county.
    Orange County. The portion of the county that lies south of 
Interstate 85.
    Pamlico County. The entire county.
    Pasquotank County. That portion of the county bounded by a line 
beginning at the intersection of the Pasquotank/Perquimans County line 
and U.S. Highway 17; then east along U.S. Highway 17 to the Pasquotank/
Camden County line; then south along the Pasquotank/Camden County line 
to the shoreline of the Albemarle Sound; then west along the shoreline 
of the Albemarle Sound to the Pasquotank/Perquimans County line; then 
north along the Pasquotank/Perquimans County line to the point of 
beginning.
    Pender County. The entire county.
    Perquimans County. That portion of the county bounded by a line 
beginning at the intersection of the Perquimans/Chowan County line and 
State Road 1118; then east along State Road 1118 to State Road 1200; 
then north along State Road 1200 to State Road 1213; then east along 
State Road 1213 to State Road 1214; then southeast along State Road 1214 
to State Road 1221; then northeast along State Road 1221 to the 
Perquimans/Pasquotank County line; then south along the Perquimans/
Pasquotank County line to the shoreline of the Albemarle Sound; then 
west along the shoreline of the Albemarle Sound to the Perquimans/Chowan 
County line; then north along the Perquimans/Chowan County line to the 
point of beginning.
    Pitt County. The entire county.
    Polk County. The entire county.
    Randolph County. That portion of the county lying south of the line 
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64; 
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
    Richmond County. The entire county.

[[Page 96]]

    Robeson County. The entire county.
    Rutherford County. That portion of the county lying south of State 
Highway 74.
    Sampson County. The entire county.
    Scotland County. The entire county.
    Stanly County. The entire county.
    Tyrrell County. The entire county.
    Union County. The entire county.
    Wake County. The entire county.
    Washington County. The entire county.
    Wayne County. The entire county.
    Wilson County. The entire county.

                                Oklahoma

    Bryan County. The entire county.
    Carter County. The entire county.
    Choctaw County. The entire county.
    Comanche County. The entire county.
    Johnston County. The entire county.
    Love County. The entire county.
    Marshall County. The entire county.
    McCurtain County. The entire county.

                               Puerto Rico

    The entire State.

                             South Carolina

    The entire State.

                                Tennessee

    Anderson County. That portion of the county lying east and south of 
a line beginning at the intersection of the Roane/Anderson County line 
and Tennessee Highway 330; then northeast on Tennessee Highway 330 to 
Tennessee Highway 116; then north on Tennessee Highway 116 to Interstate 
75; then southeast on Interstate 75 to the Anderson/Knox County line.
    Bedford County. The entire county.
    Benton County. The entire county.
    Bledsoe County. The entire county.
    Blount County. The entire county.
    Bradley County. The entire county.
    Carroll County. The entire county.
    Chester County. The entire county.
    Coffee County. That portion of the county lying west and south of a 
line beginning at the intersection of the Cannon/Coffee County line and 
Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road; 
then southeast on Riddle Road to Keele Road; then northeast on Keele 
Road to Tennessee Highway 55; then northeast on Tennessee Highway 55 to 
Swann Road; then east on Swann Road to Wiser Road; then north on Wiser 
Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then 
north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road 
to the Coffee/Warren County line.
    Crockett County. That portion of the county lying east of a line 
beginning at the intersection of the Haywood/Crockett County line and 
U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee 
Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; 
then northeast on Tennessee Highway 54 to the Crockett/Gibson County 
line.
    Cumberland County. That portion of the county lying southeast of a 
line beginning at the intersection of the White/Cumberland County line 
and U.S. Highway 70; then east on U.S. Highway 70 to Market Street (in 
Crab Orchard); then north on Market Street to Main Street; then west on 
Main Street to Chestnut Hill Road; then northeast on Chestnut Hill Road 
to Westchester Drive; then north on Westchester Drive to Peavine Road; 
then east on Peavine Road to Hebbertsburg Road; then northeast on 
Hebbertsburg Road to the Cumberland/Morgan County line.
    Davidson County. That portion of the county lying southeast of a 
line beginning at the intersection of the Williamson/Davidson County 
line and U.S. Highway 431; then northeast on U.S. Highway 431 to 
Tennessee Highway 254; then east on Tennessee Highway 254 to U S. 
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee Highway 
255; then northeast on Tennessee Highway 255 to Interstate 40; then east 
on Interstate 40 to the Davidson/Wilson County line.
    Decatur County. The entire county.
    Fayette County. The entire county.
    Franklin County. The entire county.
    Gibson County. That portion of the county lying southeast of a line 
beginning at the intersection of the Madison/Gibson County line and U.S. 
Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45 
Bypass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to 
U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to the 
Gibson/Carroll County line.
    Giles County. The entire county.
    Grundy County. The entire county.
    Hamilton County. The entire county.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    Haywood County. That portion of the county lying southeast of 
Tennessee Highway 54.
    Henderson County. The entire county.
    Hickman County. The entire county.
    Humphreys County. That portion of the county lying south of a line 
beginning at the intersection of the Benton/Humphreys County line and 
the line of latitude 36[deg]; then continuing east along the line of 
latitude 36[deg] to Forks River Road; then south on Forks River Road to 
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway 
13; then south on Tennessee Highway 13 to Interstate 40; then east on 
Interstate 40 to the Humphreys/Hickman County line.
    Knox County. That portion of the county lying southwest of a line 
beginning at the intersection of the Union/Knox County line and 
Tennessee Highway 33; then south on Tennessee Highway 33 to the 
Tennessee River; then northeast along the Tennessee

[[Page 97]]

River to the French Broad River; then east along the French Broad River 
to the Knox/Sevier County line.
    Lawrence County. The entire county.
    Lewis County. The entire county.
    Lincoln County. The entire county.
    Loudon County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    Marshall County. That portion of the county lying south of a line 
beginning at the intersection of the Maury/Marshall County line and 
Moses Road; then northeast on Moses Road to Wilson School Road; then 
southeast on Wilson School Road to Lunns Store Road; then south on Lunns 
Store Road to Tennessee Highway 99; then east on Tennessee Highway 99 to 
U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road; 
then south on James Shaw Road to Clay Hill Road; then east on Clay Hill 
Road to Warner Road; then south on Warner Road to Batten Road; then 
southeast on Batten Road to the Marshall/Bedford County line.
    Maury County. That portion of the county lying south of a line 
beginning at the intersection of the Hickman/Maury County line and Jones 
Valley Road; then east on Jones Valley Road to Leipers Creek Road; then 
south on Leipers Creek Road to Tennessee Highway 247; then northeast on 
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee 
Highway 246 to the Maury/Williamson County line.
    McMinn County. The entire county.
    McNairy County. The entire county.
    Meigs County. The entire county.
    Monroe County. The entire county.
    Moore County. The entire county.
    Morgan County. That portion of the county lying south of a line 
beginning at the intersection of the Cumberland/Morgan County line and 
Tennessee Highway 298; then northeast on Tennessee Highway 298 to 
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the 
Morgan/Roane County line.
    Perry County. The entire county.
    Polk County. The entire county.
    Rhea County. The entire county.
    Roane County. The entire county.
    Rutherford County. The entire county.
    Sequatchie County. The entire county.
    Shelby County. The entire county.
    Tipton County. That portion of the county lying south of a line 
beginning at the intersection of the Shelby/Tipton County line and 
Tennessee Highway 14; then northeast on Tennessee Highway 14 to 
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the 
Tipton/Haywood County line.
    Van Buren County. The entire county.
    Warren County. That portion of the county lying southeast of a line 
beginning at the intersection of the Coffee/Warren County line and 
Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north 
on Fred Hoover Road to Tennessee Highway 287; then northwest on 
Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road 
to Swan Mill Road; then east on Swan Mill Road to Grove Road; then 
southeast on Grove Road to Tennessee Highway 108/127; then northeast on 
Tennessee Highway 108/127 to the split between Tennessee Highway 108 and 
Tennessee Highway 127; then northeast on Tennessee Highway 127 to 
Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fairview 
Road; then northeast on Fairview Road to Tennessee Highway 8; then 
southeast on Tennessee Highway 8 to Dark Hollow Road; then north on Dark 
Hollow Road to Tennessee Highway 30; then northeast on Tennessee Highway 
30 to the Warren/Van Buren County line.
    Wayne County. The entire county.
    Williamson County. That portion of the county lying northeast of a 
line beginning at the intersection of the Davidson/Williamson County 
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S. 
Highway Business 431; then southeast on U.S. Highway Business 431 to 
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal 
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to 
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft 
Road; then northeast on Clovercroft Road to Wilson Pike; then north on 
Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to 
Rocky Fork Road; then east on Rocky Fork Road to the Rutherford/
Williamson County line. Also, that portion of the county enclosed by a 
line beginning at the intersection of the Maury/Williamson County line 
and Tennessee Highway 246; then north on Tennessee Highway 246 to 
Thompson Station Road West; then east on Thompson Station Road West to 
Thompson Station Road East; then east on Thompson Station Road East to 
Interstate 65; then south on Interstate 65 to the Williamson/Maury 
County line.

                                  Texas

    Anderson County. The entire county.
    Angelina County. The entire county.
    Aransas County. The entire county.
    Atascosa County. The entire county.
    Austin County. The entire county.
    Bandera County. The entire county.
    Bastrop County. The entire county.
    Bee County. The entire county.
    Bell County. The entire county.
    Bexar County. The entire county.
    Blanco County. The entire county.
    Bosque County. The entire county.
    Bowie County. The entire county.
    Brazoria County. The entire county.
    Brazos County. The entire county.
    Brooks County. The entire county.
    Brown County. The entire county.
    Burleson County. The entire county.

[[Page 98]]

    Burnet County. The entire county.
    Caldwell County. The entire county.
    Calhoun County. The entire county.
    Cameron County. The entire county.
    Camp County. The entire county.
    Cass County. The entire county.
    Chambers County. The entire county.
    Cherokee County. The entire county.
    Collin County. The entire county.
    Colorado County. The entire county.
    Comal County. The entire county.
    Comanche County. The entire county.
    Cooke County. The entire county.
    Coryell County. The entire county.
    Dallas County. The entire county.
    Delta County. The entire county.
    Denton County. The entire county.
    De Witt County. The entire county.
    Dimmit County. The entire county.
    Duval County. The entire county.
    Eastland County. The entire county.
    Ector County. The entire county.
    Edwards County. The entire county.
    Ellis County. The entire county.
    Erath County. The entire county.
    Falls County. The entire county.
    Fannin County. The entire county.
    Fayette County. The entire county.
    Fort Bend County. The entire county.
    Franklin County. The entire county.
    Freestone County. The entire county.
    Frio County. The entire county.
    Galveston County. The entire county.
    Gillespie County. The entire county.
    Goliad County. The entire county.
    Gonzales County. The entire county.
    Grayson County. The entire county.
    Gregg County. The entire county.
    Grimes County. The entire county.
    Guadalupe County. The entire county.
    Hamilton County. The entire county.
    Hardin County. The entire county.
    Harris County. The entire county.
    Harrison County. The entire county.
    Hays County. The entire county.
    Henderson County. The entire county.
    Hidalgo County. The entire county.
    Hill County. The entire county.
    Hood County. The entire county.
    Hopkins County. The entire county.
    Houston County. The entire county.
    Hunt County. The entire county.
    Jack County. The entire county.
    Jackson County. The entire county.
    Jasper County. The entire county.
    Jefferson County. The entire county.
    Jim Wells County. The entire county.
    Johnson County. The entire county.
    Jones County. The entire county.
    Karnes County. The entire county.
    Kaufman County. The entire county.
    Kendall County. The entire county.
    Kenedy County. The entire county.
    Kerr County. The entire county.
    Kimble County. The entire county.
    Kinney County. The entire county.
    Kleberg County. The entire county.
    La Salle County. The entire county.
    Lamar County. The entire county.
    Lampasas County. The entire county.
    Lavaca County. The entire county.
    Lee County. The entire county.
    Leon County. The entire county.
    Liberty County. The entire county.
    Limestone County. The entire county.
    Live Oak County. The entire county.
    Llano County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    Mason County. The entire county.
    Matagorda County. The entire county.
    Maverick County. The entire county.
    McCulloch County. The entire county.
    McLennan County. The entire county.
    McMullen County. The entire county.
    Medina County. The entire county.
    Midland County. The entire county.
    Milam County. The entire county.
    Montague County. The entire county.
    Montgomery County. The entire county.
    Morris County. The entire county.
    Nacogdoches County. The entire county.
    Navarro County. The entire county.
    Newton County. The entire county.
    Nueces County. The entire county.
    Orange County. The entire county.
    Palo Pinto County. The entire county.
    Panola County. The entire county.
    Parker County. The entire county.
    Polk County. The entire county.
    Rains County. The entire county.
    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.

[[Page 99]]

    Willacy County. The entire county.
    Williamson County. The entire county.
    Wilson County. The entire county.
    Wise County. The entire county.
    Wood County. The entire county.
    Young County. The entire county.
    Zavala County. The entire county.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 3314, Jan. 21, 1994; 59 
FR 6531, Feb. 11, 1994; 59 FR 22492, May 2, 1994; 60 FR 52832, Oct. 11, 
1995; 61 FR 17551, Apr. 22, 1996; 63 FR 4152, Jan. 28, 1998; 63 FR 
36156, July 2, 1998; 64 FR 27658, May 21, 1999; 64 FR 60334, Nov. 5, 
1999; 65 FR 30339, May 11, 2000; 65 FR 66489, Nov. 6, 2000; 67 FR 1069, 
Jan. 9, 2002; 68 FR 5795, Feb. 5, 2003; 69 FR 23416, Apr. 29, 2004; 70 
FR 45524, Aug. 8, 2005; 71 FR 42247, July 26, 2006; 72 FR 60536, Oct. 
25, 2007]



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

    (a) Any regulated article may be moved interstate from a quarantined 
area into or through an area that is not quarantined only if moved under 
the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.81-5 and 301.81-9 of this subpart;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the quarantined area from 
an area that is not quarantined;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the quarantined area 
(without stopping except for refueling, or for traffic conditions, such 
as traffic lights or stop signs), or has been stored, packed, or parked 
in locations inaccessible to the imported fire ant, or in locations that 
have been treated in accordance with the methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures''), while in or moving through any quarantined area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity; or
    (3) Without a certificate or limited permit provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator \3\ to process, test, or analyze soil samples.
---------------------------------------------------------------------------

    \3\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) Inspectors are authorized to stop any person or means of 
conveyance moving in interstate commerce they have probable cause to 
believe is moving regulated articles, and to inspect the articles being 
moved and the means of conveyance. Articles found to be infested by an 
inspector, and articles not in compliance with the regulations in this 
subpart, may be seized, quarantined, treated, subjected to other 
remedial measures, destroyed, or otherwise disposed of. Any treatments 
will be in accordance with the methods and procedures prescribed in the 
Appendix to this subpart (III. Regulatory Procedures), or in accordance 
with the methods and procedures prescribed in part 305 of this chapter.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 
2005]



Sec. 301.81-5  Issuance of a certificate or limited permit.

    (a) An inspector \4\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article approved under such compliance agreement if he or she 
determines that the regulated article:
---------------------------------------------------------------------------

    \4\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information on local offices may 
also be obtained from the Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 
River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved interstate in compliance with any additional 
conditions

[[Page 100]]

deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 
7714) to prevent the spread of the imported fire ant; \5\ and
---------------------------------------------------------------------------

    \5\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destory, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3)(i) Is free of an imported fire ant infestation, based on his or 
her visual examination of the article;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of the 
imported fire ant; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures'').
    (b) An inspector will issue a limited permit for the interstate 
movement of a regulated article not eligible for a certificate if the 
inspector determines that the regulated article:
    (1) Is to be moved interstate to a specified destination for 
specified handling, utilization, or processing (the destination and 
other conditions to be listed in the limited permit), and this 
interstate movement will not result in the spread of the imported fire 
ant because the imported fire ant will be destroyed by the specified 
handling, utilization, or processing;
    (2) Is to be moved interstate in compliance with any conditions that 
the Administrator may impose under section 414 of the Plant Protection 
Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates to a person 
operating under a compliance agreement (in accordance with Sec. 301.81-
6 of this subpart) or authorize reproduction of the certificates on 
shipping containers, or both, as requested by the person operating under 
the compliance agreement. These certificates may then be completed and 
used, as needed, for the interstate movement of regulated articles that 
have met all of the requirements of paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001]



Sec. 301.81-6  Compliance agreements.

    Persons who grow, handle, or move regulated articles interstate may 
enter into a compliance agreement \6\ if such persons review with an 
inspector each stipulation of the compliance agreement, have facilities 
and equipment to carry out disinfestation procedures or application of 
chemical materials in accordance with the ``Imported Fire Ant Program 
Manual,'' as set forth in the appendix to this subpart, and meet 
applicable State training and certification standards as authorized by 
the Federal Insecticide, Fungicide, and Rodenticide Act (86 Stat. 983; 7 
U.S.C. 136b). Any person who enters into a compliance agreement with 
APHIS must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \6\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.81-7  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and

[[Page 101]]

the reasons for the cancellation will be confirmed in writing as soon as 
circumstances allow within 20 days after oral notification of the 
cancellation. Any person whose certificate, limited permit, or 
compliance agreement has been canceled may appeal the decision, in 
writing, within 10 days after receiving the written cancellation notice. 
The appeal must state all of the facts and reasons that the person wants 
the Administrator to consider in deciding the appeal. A hearing may be 
held to resolve any conflict as to any material fact. Rules of practice 
for the hearing will be adopted by the Administrator. As soon as 
practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



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

    (a) Persons requiring certification or other services must request 
the services from an inspector \7\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \7\ See footnote 4 to Sec. 301.81-5(a).
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-9  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing interstate movement of a regulated article is, at all times 
during interstate movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the shipment's destination.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-10  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The United 
States Department of Agriculture will not be responsible for any other 
costs or charges.



               Sec. Appendix to Subpart--Imported Fire Ant

                       III. Regulatory Procedures

    A. Instructions to Inspectors. Inspectors must know and follow 
instructions in the PPQ Treatment Manual, the pesticide label, and 
exemptions (Section 18 or 24 (c) of FIFRA) for the treatment or other 
procedures used to authorize the movement of regulated articles. These 
will serve as a basis for explaining such procedures to persons 
interested in moving articles affected by the quarantine. Inspectors 
shall furnish completed information to anyone interested in moving 
regulated articles.
    If there are questions concerning a particular treatment, contact 
your supervisor.
    B. Authorized Chemicals. The following chemicals are authorized for 
the treatment of regulated articles under the IFA quarantine:

                              Insecticides

Bifenthrin (Talstar [reg])
Chlorpyrifos (Dursban [reg])
Diazinon
Fenoxycarb (AWARD [reg])
Fipronil (Chipco [reg])
Hydramethylnon (AMDRO [reg])
Methoprene (Extinguish [reg])
Pyriproxyfen (Distance [reg])
Tefluthrin (FIREBAN [reg])

    C. Approved Treatments.

                     1. Equipment--Used Soil-Moving

    Methods: Used soil-moving equipment is eligible for movement when an 
inspector determines that one of the following procedures has been done:
    a. It has been brushed free of noncompacted soil;

[[Page 102]]

    b. It has been washed free of noncompacted soil; or
    c. Noncompacted soil has been removed with air pressure equipment 
using compressors designed specifically for this purpose. Such 
compressors must provide free air delivery of no less than 30 cubic feet 
per minute at 200 pounds per square inch.
    Certification Period: As long as kept free of noncompacted soil.
    Limitations: Regardless of the type of cleaning equipment used, all 
debris and noncompacted soil must be removed unless it is steam-heated 
by a ``steam jenny'' to disinfest the articles. Used soil-moving 
equipment, such as bulldozers, dirt pans, motor graders, and draglines, 
are difficult to clean sufficiently to eliminate pest risk.
    Precaution: Steam may remove loose paint and usually is not 
recommended for use on equipment with conveyor belts and rubber parts.

                            2. Hay and Straw

    Baled hay and straw stored in direct contact with the ground is 
ineligible for movement.

                   3. Plants--Balled or in Containers

    a. Emulsifiable chlorpyrifos.
    Material: Emulsifiable chlorpyrifos--Immersion and drench treatments 
(post-harvest): any Environmental Protection Agency (EPA) registered 
formulation is acceptable.
    Dosage:

------------------------------------------------------------------------
                                      Amount of formulation to make 100
     Chlorpyrifos formulation           gallons of treating solution
------------------------------------------------------------------------
1 EC..............................  16 fl. oz. (472 ml).
2 EC..............................  8 fl. oz. (236 ml).
4 EC..............................  4 fl. oz. (118 ml).
------------------------------------------------------------------------

    Exposure Period: Plants can be certified immediately upon completion 
of treatment
    Certification Period: 30 days.
    Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos.
    b. Bifenthrin.
    (i) Bifenthrin: Drench and Topical Applications.
    Material: Bifenthrin--drench of containerized nursery stock or 
topical application to 3- or 4-quart containerized nursery stock 
followed by irrigation with water.
    Dosage: Dosage rate is 25 ppm. The amount of formulation needed to 
achieve 25 ppm varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of formulation 
needed to achieve 25 ppm.
    Exposure period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    Certification period: 180 days.
    (ii) Bifenthrin: Granular Formulation
    Material: Granular bifenthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular bifenthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount needed to achieve 
a specified dosage.

------------------------------------------------------------------------
  Granular Bifenthrin Dosage (parts per    Certification Period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-6 months.
12 ppm..................................  0-12 months.
15 ppm..................................  0-24 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    c. Tefluthrin: Granular Formulation.
    Material: Granular tefluthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular tefluthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
tefluthrin needed to achieve a specified dosage.

------------------------------------------------------------------------
  Granular tefluthrin dosage (parts per    Certification period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-18 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas immediately upon completion 
of the treatment.
    d. Fipronil: Granular Formulation.
    Material: Granular fipronil incorporation into soil or potting media 
for containerized nursery stock.
    Dosage: The amount of granular fipronil needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
fipronil needed to achieve a specified dosage.

------------------------------------------------------------------------
   Granular fipronil dosage  (parts per         Certification period
                 million)                     (months after treatment)
------------------------------------------------------------------------
10 ppm....................................  0-6 months.
12 ppm....................................  0-12 months.
15 ppm....................................  0-24 months.
25 ppm....................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas 2 weeks after completion of 
treatment.
    e. General requirements for emulsifiable chlorpyrifos, bifenthrin, 
tefluthrin, or fipronil.

[[Page 103]]

    Conditions and Type of Soil: Any friable soil may be treated.

                           Method A--Immersion

                                Equipment

    1. A watertight container for mixing the treating solutions.
    2. Open-top, watertight container sufficiently large to accommodate 
the treating solution and plants.
    Procedure: Locate immersion tank in well-ventilated place. Do not 
remove burlap wrap or plastic containers with drain holes prior to 
immersion Immerse soil balls and containers, singly or in groups, so 
that soil is completely covered by solution. Plants must remain in 
solution until bubbling ceases. Plant balls should have space between 
them when grouped in trays, baskets, or other dipping containers. After 
removal from dip, plants may be set on drainboard until adequately 
drained.
    Thorough saturation of the plant balls or containers with the 
insecticide solution is essential.
    As treating progresses, freshly prepared treating mixture should be 
added to maintain liquid at immersion depth. Dispose of tank contents 8 
hours after mixing. Clean tank before recharging. Disposal must comply 
with State and local regulations.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.

                            Method B--Drench

                                Equipment

    1. A large-capacity bulk mixing tank, either pressurized or gravity-
flow for mixing and holding the insecticide solution.
    2. Properly equipped hoses and watering nozzles that can be attached 
to the mixing tank and used to thoroughly saturate the plant balls with 
the insecticide solution.

                                Procedure

    1. Plants Balled with Burlap--Apply the chlorpyrifos solution as a 
substitute for plain water to the plants during the routine watering 
activities. Do not remove burlap wrap from plants prior to treatment. 
Treat plants singly or in groups with the chlorpyrifos solution to the 
point of runoff on a twice daily schedule for 3 consectutive days.
    The above treatment should be carried out in a well-ventilated place 
normally used to maintain plants prior to shipment. The treatment will 
be enhanced by adding any agricultural wetting agent such as Ortho-77 
[reg], Tronic [reg], Tecowet [reg], 
etc., to the chlorpyrifos solution at the labeled rate (usually \1/2\ 
pint per 100 gallons of water).
    2. Containerized Plants--Apply the bifenthrin or chlorpyrifos 
solution to the point of saturation one time only. The volume of the 
treating solution must be at least \1/5\ (20%) of the volume of the 
container.
    Precautions: Thorough saturation of the plant balls or containers 
with the insecticide solution is essential. Runoff of the solution from 
the treatment area should not be permitted. Excess solution (and used 
solution) must be disposed of in accordance with State and local 
regulations.

                      Method C--Topical Application

    Apply bifenthrin according to the label instructions for topical 
application. The method may be used only with nursery stock in 3- and 4-
quart containers. Penetration of the pesticide in larger containers does 
not provide sufficient residual activity.
    Irrigate all treated containers with 1.5 inches of water following 
application.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.
    Manufacture of the 10WP (wettable powder) formulation was 
discontinued in 1998; however, the EPA will allow this product to be 
utilized until supplies are exhausted.

              Method D--Granular Incorporation (Bifenthrin)

    Apply bifenthrin according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product evenly throughout 
the soil or potting media. After potting, containers must be watered to 
the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
granular bifenthrin is essential. Water that drains from the treatment 
area, which may contain bifenthrin, must be disposed of in accordance 
with State and local laws.

              Method E--Granular Incorporation (Tefluthrin)

    Apply tefluthrin according to the label directions for granular 
incorporation. Mix thoroughly to distribute the granular tefluthrin 
evenly throughout the soil or potting media. After potting, containers 
must be watered to the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
tefluthrin is essential. Water that drains from the treatment area, 
which may contain tefluthrin, must be disposed of in accordance with 
State and local laws.

               Method F--Granular Incorporation (Fipronil)

    Apply fipronil according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product evenly

[[Page 104]]

throughout the soil or potting media. After potting, containers must be 
watered to the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
granular fipronil is essential. Water that drains from the treatment 
area, which may contain fipronil, must be disposed of in accordance with 
State and local laws.

      4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only

    This detection, control, exclusion, and enforcement program is 
designed to keep nurseries free of the imported fire ant and provides a 
basis to certify containerized nursery stock for interstate movement.
    Participating regulated establishments must be operating under a 
compliance agreement. Such compliance agreements shall state the 
specific requirements that a shipper agrees to follow to move plants in 
accordance with the requirements of the program. Certificates and a 
nursery identification number may be issued to the nursery for use on 
shipments of regulated articles.

                                Detection

    A successful treatment program depends upon early detection of 
imported fire ant colonies. Nursery owners are required to survey 
visually their entire premises twice monthly for the presence of 
imported fire ants.
    Nurseries participating in this program will be inspected by Federal 
or State inspectors at least twice per year. More frequent inspections 
may be necessary depending upon imported fire ant infestation levels 
immediately surrounding the nursery, the thoroughness of nursery 
management in maintaining imported-fire-ant-free premises, and the 
number of previous detections of imported fire ants in or near 
containerized plants. Inspections by Federal and State inspectors should 
be more frequent just before and during the peak shipping season. Any 
nurseries determined during nursery inspections to have imported fire 
ant colonies must be immediately treated to the extent necessary to 
eliminate the colonies.

                                 Control

    Nursery plants that are shipped under this program must originate in 
a nursery free of imported fire ant. Nursery owners must implement a 
treatment program with registered bait and contact insecticides. The 
premises, including growing and holding areas, must be maintained free 
of the imported fire ant. As part of this treatment program, all exposed 
soil surfaces (including sod and mulched areas) on property where plants 
are grown, potted, stored, handled, loaded, unloaded, or sold must be 
treated with a broadcast application of hydramethylnon (AMDRO 
[reg]), fenoxycarb (AWARD [reg]), pyriproxyfen 
(Distance [reg]), or methoprene (Extinguish [reg]) 
baits at least once every six months. The first application is more 
effective when applied early in the spring. An early spring bait 
application provides control before alate queens are produced or have 
time to establish new colonies. Follow label directions for use.
    When properly used, baits are between 80 percent and 90 percent 
effective. Follow-up treatments with a contact insecticide must be 
applied to eliminate all remaining colonies. Mound drench treatments 
with a registered formulation of chlorpyrifos or diazinon are approved. 
Follow label directions for use.

                                Exclusion

Bifenthrin
    For plants grown on the premises: Treatment of potting media with 
granular, flowable, or wettable powder formulation of bifenthrin prior 
to planting is required. This treatment reduces the risk of infestation 
of containers by alate queens flying in from adjacent or nearby infested 
premises. The dosage rate for granular bifenthrin is variable and is 
determined by the certification period selected; for flowable bifenthrin 
it is 25 ppm; for wettable powder it is 25 ppm.
    Apply this treatment according to the label instructions.
    Mixing must be adequate to blend the required dosage of pesticide 
throughout the entire potting soil mixture.
    For plants received from outside sources: To prevent the spread into 
a nursery free of the imported fire ant by newly introduced, infested 
nursery plants, all plants must be:
    (a) Obtained from nurseries free of imported fire ant that are 
certified under a compliance agreement; or
    (b) Treated with bifenthrin drench upon delivery in accordance with 
this appendix (III.C.3.b), and within 180 days be either:
    (1) Repotted in treated potting soil media,
    (2) Retreated with bifenthrin drench, immersion, or topical 
application (III.C.3.b) at 180-day intervals, or
    (3) Shipped.
Tefluthrin
    For plants grown on the premises: Treatment of soil or potting media 
with granular, flowable, tefluthrin prior to planting is permitted as an 
alternative to treatment with granular or wettable powder formulation of 
bifenthrin. This treatment reduces the risk of infestation of containers 
by alate queens flying in from adjacent or nearby infested premises. The 
dosage rate is variable, determined by the selected certification 
period, for the granular tefluthrin.
    Apply this treatment according to the label directions.

[[Page 105]]

    Mixing must be adequate to blend the required dosage of granular 
tefluthrin throughout the entire soil or potting media.
Fipronil
    For plants grown on the premises: Treatment of soil or potting media 
with granular fipronil prior to planting is permitted as an alternative 
to treatment with granular formulations of bifenthrin or tefluthrin. 
This treatment reduces the risk of infestation of containers by alate 
queens flying in from adjacent or nearby infested premises. The dosage 
rate is variable, determined by the selected certification period, for 
the granular fipronil.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
fipronil throughout the entire soil or potting media.

                               Enforcement

    The nursery owner shall maintain records of the nursery's surveys 
and treatments for the imported fire ant. These records shall be made 
available to State and Federal inspectors upon request.
    If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates for 
movement shall be suspended until necessary treatments are applied and 
the plants and nursery premises are determined to be free of the 
imported fire ant. A Federal or State inspector may declare a nursery to 
be free of the imported fire ant upon reinspection of the premises. This 
inspection must be conducted no sooner than 30 days after treatment to 
ensure its effectiveness. During this period, certification may be based 
upon the drench or immersion treatment provided in paragraph III.C.3. of 
this appendix, titled ``Plants--Balled or in Containers.''
    Upon notification by the department of agriculture in any State of 
destination that a confirmed imported fire ant infestation was found on 
a shipment from a nursery considered free of the imported fire ant, the 
department of agriculture in the State of origin shall cease its 
certification of shipments from that nursery. An investigation by 
Federal or State inspectors will commence immediately to determine the 
probable source of the problem and to ensure that the problem is 
resolved. If the problem is an infestation, issuance of certification 
for movement on the basis of imported-fire-ant-free premises will be 
suspended until treatment and elimination of the infestation is 
completed. Reinstatement into the program will be granted upon 
determination that the nursery premises are free of the imported fire 
ant, and that all other provisions of this subpart are being followed.
    In cases where the issuance of certificates is suspended through 
oral notification, the suspension and the reasons for the suspension 
will be confirmed in writing within 20 days of the oral notification of 
the suspension. Any person whose issuance of certificates has been 
suspended may appeal the decision, in writing, within 10 days after 
receiving the written suspension notice. The appeal must state all of 
the facts and reasons that the person wants the Administrator to 
consider in deciding the appeal. A hearing may be held to resolve any 
conflict as to any material fact. Rules of practice for the hearing will 
be adopted by the Administrator. As soon as practicable, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.
    Violations of the quarantine shall be investigated by Federal or 
State inspectors and appropriate penalties will be assessed to 
discourage further violations.
    This imported-fire-ant-free nursery program is not mandatory for 
movement of regulated articles. Plants, balled or in containers, may 
otherwise be certified for movement using the chlorpyrifos, bifenthrin, 
tefluthrin, or fipronil treatments described in paragraph III.C.3 of 
this appendix, titled ``Plants, Balled or in Containers.'' However, 
certification for movement under the imported-fire-ant-free nursery 
program will be granted only if all of the provisions of this subpart 
are followed.
    Certification Period: Continuous as long as all provisions of the 
imported-fire-ant-free nursery program are followed.

 5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)

    Material: Chlorpyrifos used in combination with fenoxycarb (AWARD 
[reg]), hydramethylnon (AMDRO [reg]), pyriproxyfen 
(Distance [reg]), or methoprene (Extinguish [reg]) 
fire ant bait.
    Dosage: Fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO 
[reg]), pyriproxyfen (Distance [reg]), or 
methoprene (Extinguish [reg]) at 1.0-1.5 lb (0.45-0.68 kg) 
bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg) a.i./acre.
    Method: Apply fenoxycarb (AWARD [reg]), hydramethylnon 
(AMDRO [reg]), pyriproxyfen (Distance [reg]), or 
methoprene (Extinguish [reg]) only when ants are actively 
foraging (follow EPA-approved label directions for use). Broadcast 
application with any type of equipment that can be calibrated to deliver 
1.0-1.5 lb (0.45-0.68 kg) of bait per acre. Three to five days after the 
fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO 
[reg]), or pyriproxyfen (Distance [reg]) 
application, apply chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per 
acre. Treatment area must extend at least 10 feet beyond the base of all 
plants that are to be certified.
    Exposure Period: 30 days. Plants can be certified 30 days after 
treatment.
    Certification Period: 12 weeks.
    Special Information: This in-field treatment is based on a 
sequential application of

[[Page 106]]

fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO 
[reg]), pyriproxyfen (Distance [reg]), or 
methoprene (Extinguish [reg]) followed by chlorpyrifos. The 
combination treatment is necessary since broadcast application of 
chlorpyrifos (or other short-term residual insecticides) usually does 
not eliminate large, mature IFA colonies, and no bait, including 
fenoxycarb (AWARD [reg]) hydramethylnon (AMDRO 
[reg]), pyriproxyfen (Distance [reg]), or 
methoprene (Extinguish [reg]), is capable of providing a 
residual barrier against reinfestation by new queens. Therefore, the 
fenoxycarb (AWARD [reg]) hydramethylnon (AMDRO 
[reg]), pyriproxyfen (Distance [reg]), or 
methoprene (Extinguish [reg]) application will drastically 
reduce the IFA population while chlorpyrifos, applied approximately 5 
days later, will destroy any remaining weakened colonies and also leave 
a residual barrier against reinfestation by new queens for at least 12 
weeks.

          6. Blueberries and Other Fruit and Nut Nursery Stocks

    Certain States have special local need labeling in accordance with 
section 24(c) of FIFRA for D-z-n [reg] Diazinon AG-500 and D-
z-n [reg] Diazinon 50W, which APHIS will recognize as a 
regulatory treatment for containerized nonbearing blueberries and fruit 
and nut plants. Follow label directions for use.

                       7. Plants--Greenhouse Grown

    Greenhouse grown plants are certifiable without treatment if the 
inspector determines that the greenhouse is constructed of fiberglass, 
glass, or plastic in such a way that IFA is physically excluded and 
cannot become established within the enclosure. No other treatment of 
the plants will be necessary if they are not exposed to infestation.

                              8. Grass--Sod

                                Material

    a. Chlorpyrifos.

------------------------------------------------------------------------
                                Amount and dosage
           Material                of material      Certification period
------------------------------------------------------------------------
Chlorpyrifos..................  8.0 lb (3.6 kg)    6 weeks (after
                                 a.i./acre.         exposure period has
                                                    been completed).
------------------------------------------------------------------------

    Exposure Period: 48 hours.

                                 Method

    1. Apply a single broadcast application of chlorpyrifos with ground 
equipment.
    2. Immediately after treatment, water the treated areas with at 
least \1/2\ inch of water.
    Chlorpyrifos wettable powder Dursban [reg] 50-WP: Follow 
label directions for regulatory treatment for IFA.
    b. Fipronil.

------------------------------------------------------------------------
                                Amount and dosage
           Material                of material      Certification period
------------------------------------------------------------------------
Fipronil......................  Dosage per         20 weeks (after
                                 application:       exposure period has
                                 0.0125 lb          been completed).
                                 (0.00567 kg)
                                 a.i./acre.
                                Total amount over
                                 two
                                 applications:
                                 0.025 lb
                                 (0.01134 kg)
                                 a.i./acre.
------------------------------------------------------------------------

    Exposure Period: 30 days from the second application.

                                 Method

    1. Apply in two applications approximately 1 week apart for a total 
of 0.025 lb (0.01134 kg) a.i./acre.
    2. Follow label directions for regulatory treatment for IFA.

                              9. Soil--Bulk

    Method: Bulk soil is eligible for movement when heated either by dry 
or steam heat after all parts of the mass have been brought to the 
required temperature.
    Temperature: 150 [deg]F (65.5 [deg]C).
    Certification Period: As long as protected from recontamination.

                            10. Soil Samples

    Soil samples are eligible for movement when heated or frozen as 
follows:

                                  Heat

    Method: Soil samples are heated either by dry heat or steam heat. 
All parts of the mass must be brought to the required temperature.
    Temperature: 150 [deg]F (65.5 [deg]C).

[[Page 107]]

    Certification Period: As long as protected from recontamination.

                                  Cold

    Method: Soil samples are frozen in any commercial cold storage, 
frozen food locker, or home freezer capable of rapidly reducing to and 
maintaining required temperature. Soil samples will be placed in 
containers, such as plastic bags--one sample per bag. The containers 
will be arranged in the freezer in a manner to allow the soil samples to 
freeze in the fastest possible time. If desired, the frozen samples may 
be shipped in one carton.
    Temperature: -10[deg] to -20 [deg]F (-23[deg] to -29 [deg]C) for at 
least 24 hours.
    Certification Period: As long as protected from recontamination.
    D. Mitigative Measures. The following measures are required to 
minimize impact on the environment and human health. Any person 
requesting certification to authorize the movement of regulated articles 
must adhere to these measures where applicable.
    1. All applicable Federal, State, and local environmental laws and 
regulations must be followed.
    2. Safety equipment and clothing, as specified by the label 
instructions, must be used and worn during treatments and during 
inspections.
    3. Safety practices shall be communicated, and regulated 
establishment managers must require that on-the-job safety practices be 
followed.
    4. All pesticides must be applied, handled, stored, and used in 
accordance with label instructions.
    5. Empty pesticide containers must be disposed of in accordance with 
Federal and State regulations.
    6. Pesticide remaining in containers after completion of an 
application must be retained and disposed of in accordance with label 
instructions and Federal and State regulations.
    7. Oral or written warning must be provided to workers and the 
general public, indicating pesticide application areas during 
application and appropriate reentry periods.
    8. Owners/managers of regulated properties must take precautions to 
limit access by the public, livestock, and wildlife to treated areas.
    9. Accidental spill or water runoff of liquid or granular pesticides 
leading to potential contamination of ground and surface waters must be 
minimized by appropriate operating procedures. Catchment facilities 
(temporary or permanent) adequate to prevent contamination of ground and 
surface water are necessary in loading areas where liquid drenches and 
immersions are applied.
    10. An environmental monitoring plan, including monitoring 
procedures, must be implemented by APHIS. Monitoring must be conducted 
to determine if additional mitigative measures are necessary.

[57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59 
FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June 
5, 1997; 64 FR 27659, May 21, 1999; 64 FR 57970, Oct. 28, 1999; 64 FR 
60334, Nov. 5, 1999; 65 FR 30341, May 11, 2000; 67 FR 58685, Sept. 18, 
2002; 68 FR 59308, Oct. 15, 2003]

Subpart--Unshu Oranges [Reserved]



                         Subpart_Golden Nematode

    Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.85  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the State of New York in 
order to prevent the spread of the golden nematode (Globodera 
rostochiensis), which causes a dangerous disease of potatoes and certain 
other plants and is not widely prevalent or distributed within and 
throughout the United States. Through the aforementioned authorities, 
the Secretary imposes a quarantine on the State of New York with respect 
to the interstate movement from that State of the articles described in 
paragraph (b) of this section, issues regulations in this subpart 
governing the movement of such articles, and gives notice of this 
quarantine action.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.85-1 as regulated articles), except in accordance 
with the conditions prescribed in this subpart:
    (1) Soil, compost, humus, muck, peat, and decomposed manure, 
separately or with other things.
    (2) Plants with roots, except soil-free aquatic plants.
    (3) Grass sod.

[[Page 108]]

    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Irish potatoes included within any one or more of the following 
paragraph (b)(6)(i), (ii), or (iii) of this section:
    (i) Irish potatoes for seed; and
    (ii) Irish potatoes unless--
    (A) Each is at least 1\1/2\ inches in diameter based on measurement 
by a sizing screen or sizing chain, each is substantially free of soil 
as a result of grading (a method of removing soil mechanically) under a 
compliance agreement in accordance with Sec. 301.85-5(b), and they are 
moved in an approved container; or
    (B) Each is substantially free of soil as a result of washing or 
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
    (iii) Irish potatoes harvested from a field tested and found by an 
inspector to contain an identifiable population of viable golden 
nematodes, unless such field had been subsequently treated in accordance 
with paragraph (b)(6)(iii) (A), (B), or (C) of this section under the 
supervision of an inspector and in accordance with any additional 
conditions found necessary by the inspector to assure effective 
application of the pesticide used; and unless headlands and farm roads 
are treated in accordance with paragraph (b)(6)(iii)(D) of this section:
    (A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 80 percent; plus methyl 
isothiocyanate, 20 percent active ingredients) per hectare (15 gallons 
per acre); two applications 5 to 10 days apart with a third application 
5 to 10 days after the second application to areas in which the 
inspector finds upon microscopic examination of soil samples that viable 
golden nematodes may still exist; soil to be from 3 [deg]C to 29 [deg]C 
(38 [deg]F to 84 [deg]F).
    (B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 100 percent active 
ingredients) per hectare (30 gallons per acre); two applications 5 to 10 
days apart with a third application 5 to 10 days after the second 
application to areas in which the inspector finds upon microscopic 
examination of soil samples that viable golden nematodes may still exist 
(consult product label for heavier dosage in muck or peat soils); soil 
to be from 4.5 [deg]C to 29 [deg]C (40 [deg]F to 84 [deg]F).
    (C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 
92 percent active ingredient) per hectare (18 gallons per acre); two 
applications 5 to 10 days apart with a third application 5 to 10 days 
after the second application to areas in which the inspector finds upon 
microscopic examination of soil samples that viable golden nematodes may 
still exist (consult product label for heavier dosage in muck or peat 
soils); soil to be from 4.5 [deg]C to 32 [deg]C (40 [deg]F to 90 
[deg]F).
    (D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7 
percent active ingredient) mixed with water at the rate of 1 part Vapam 
to 60 parts water and applied as a drench at the rate of 14.96 cubic 
meters per hectare (1600 gallons per acre); soil to be from 4.5 [deg]C 
to 32 [deg]C (40 [deg]F to 90 [deg]F).
    (7) Root crops other than Irish potatoes.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter, of any kind.
    (10) Ear corn, except shucked ear corn.
    (11) Used crates, boxes, and burlap bags, and other used farm 
products containers.
    (12) Used farm tools.
    (13) Used mechanized cultivating equipment and used harvesting 
equipment.
    (14) Used mechanized soil-moving equipment.
    (15) Any other products, articles, or means of conveyance of any 
character whatsoever, not covered by paragraphs (b) (1) through (14) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of golden nematode, and the person in possession 
thereof has been so notified.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, Apr. 
20, 2004]

[[Page 109]]



Sec. 301.85-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart shall be construed respectively to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said service to whom authority to act in his stead has been 
or may hereafter be delegated.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.85-2.
    Golden nematode. The nematode known as the golden nematode 
(Globodera rostochiensis), in any stage of development.
    Infestation. The presence of the golden nematode or the existence of 
circumstances that make it reasonable to believe that the golden 
nematode is present.
    Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator to 
enforce the provisions of the Quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertifiable regulated 
articles to a specified destination for limited handling, utilization or 
processing or for treatment.
    Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors, e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes, e.g., combines, potato conveyors, and harvesters and hay 
balers.
    Mechanized soil-moving equipment. Equipment used for moving or 
transporting soil, e.g., draglines, bulldozers, dump trucks, road 
scrapers, etc.
    Moved (movement, move). Shipped, deposited for transmission in the 
mail, otherwise offered for shipment, received for transportation, 
carried, or otherwise transported, or moved, or allowed to be moved, by 
mail or otherwise. ``Movement'' and ``move'' shall be construed in 
accordance with this definition.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Plant Protection and Quarantine Programs. The organizational unit 
within the Animal and Plant Health Inspection Service, U.S. Department 
of Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301-85-2a, or otherwise designated 
as a regulated area in accordance with Sec. 301.85-2(b).
    Regulated article. Any articles as described in Sec. 301.85(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certifiable under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow

[[Page 110]]

the interstate movement to a specified destination of regulated articles 
for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    Suppressive area. That portion of a regulated area where eradication 
of infestation is undertaken as an objective, as designated under Sec. 
301.85-2(a).

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 
7, 2005]



Sec. 301.85-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall list as regulated areas, in a supplemental 
regulation designated as Sec. 301.85-2a, each quarantined State; or 
each portion thereof in which golden nematode has been found or in which 
there is reason to believe that golden nematode is present, or which it 
is deemed necessary to regulate because of their proximity to 
infestation or their inseparability for quarantine enforcement purposes 
from infested localities. The Deputy Administrator, in the supplemental 
regulation, may divide any regulated area into a suppressive area or a 
generally infested area in accordance with the definitions thereof in 
Sec. 301.85-1. Less than an entire quarantined State will be designated 
as a regulated area only if the Deputy Administrator is of the opinion 
that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the interstate spread of the 
golden nematode.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator or an authorized 
inspector may temporarily designate any other premises in a quarantined 
State as a regulated area and a suppressive or generally infested area, 
in accordance with the criteria specified in paragraph (a) of this 
section for listing such area, by serving written notice thereof on the 
owner or person in possession of such premises, and thereafter the 
interstate movement of regulated articles from such premises by any 
person having notice of the designation shall be subject to the 
applicable provisions of this subpart. As soon as practicable, such 
premises shall be added to the list in Sec. 301.85-2a if a basis then 
exists for their designation; otherwise the designation shall be 
terminated by the Deputy Administrator or an authorized inspector and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
listed as a regulated area and suppressive or generally infested area 
when he determines that such designation is no longer required under the 
criteria specified in paragraph (a) of this section.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.85-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he or she 
may prescribe, if he or she finds that facts exist as to the pest risk 
involved in the movement of such regulated articles which make it safe 
to so relieve such requirements.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]



Sec. 301.85-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and parts of civil divisions described below are 
designated as golden nematode regulated

[[Page 111]]

areas within the meaning of the provisions of this subpart; and such 
regulated areas are hereby divided into generally infested areas or 
suppressive areas as indicated below:

                                New York

    (1) Generally infested area:
    Cayuga County. (A) The Town of Montezuma;
    (B) That portion of land within the Town of Mentz owned or operated 
by Martens Farm which lies in an area bounded as follows: Beginning at 
the intersection of Tow Path Road and Maiden Lane; then west along Tow 
Path Road to its intersection with the Town of Mentz boundary; then 
north along the Town of Mentz boundary to its intersection with Maiden 
Lane; then east along Maiden Lane to the point of beginning.
    Genesee County. The towns of Elba and Byron.
    Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland, 
Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.
    Nassau County. The entire county.
    Orleans County. The towns of Barre and Clarendon.
    Seneca County. The town of Tyre.
    Steuben County. (A) The towns of Prattsburg and Wheeler;
    (B) That area known as ``Arkport Muck'' located in the town of 
Dansville and bounded by a line beginning at a point where the Conrail 
right-of-way (Erie Lackawanna Railroad) intersects County Road 52 (known 
as Burns Road), then north and northeast along County Road 52 to its 
junction with New York Route 36, then south and southeast along New York 
Route 36 to its intersection with the Dansville Town line, then west 
along the Dansville Town line to its intersection with the Conrail 
right-of-way (Erie Lackawanna Railroad), then north and northwest along 
the Conrail right-of-way to the point of beginning;
    (C) The Werth, Dale farm, known as the ``Werthwhile Farm,'' located 
in the town of Cohocton on the north side of County Road 5 (known as 
Brown Hill Road), and 0.2 mile west of the junction of County Road 5 
with County Road 58 (known as Wager Road); and
    (D) The property located in the town of Fremont that is bounded as 
follows: Beginning at a point on Babcock Road that intersects a farm 
road marked by latitude/longitude coordinates 42[deg]26[min]12.5[sec], -
77[deg]34[min]30.4[sec]; then west along the farm road to coordinates 
42[deg]26[min]12.2[sec], -77[deg]34[min]41.0[sec]; then south to 
coordinates 42[deg]26[min]09.6[sec], -77[deg]34[min]40.9[sec]; then west 
to coordinates 42[deg]26[min]09.4[sec], -77[deg]34[min]50.7[sec]; then 
south to coordinates 42[deg]26[min]00.7[sec], -77[deg]34[min]50.3[sec]; 
then east to coordinates 42[deg]25[min]59.9[sec], -
77[deg]34[min]40.4[sec]; then south to coordinates 
42[deg]25[min]54.7[sec], -77[deg]34[min]40.0[sec]; then east to 
coordinates 42[deg]25[min]56.3[sec], -77[deg]34[min]37.7[sec]; then 
north to coordinates 42[deg]25[min]58.9[sec], -77[deg]34[min]35.0[sec]; 
then east to coordinates 42[deg]25[min]58.9[sec], -
77[deg]34[min]34.1[sec]; then north to coordinates 
42[deg]26[min]05.8[sec], -77[deg]34[min]32.5[sec]; then east to 
coordinates 42[deg]26[min]05.7[sec], -77[deg]34[min]29.9[sec]; then 
north to the point of beginning at coordinates 42[deg]26[min]12.5[sec], 
-77[deg]34[min]30.4[sec].
    Suffolk County. The entire county.
    Wayne County. The town of Savannah.
    (2) Suppressive area: None.

[51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69 
FR 64640, Nov. 8, 2004]



Sec. 301.85-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and other provisions of this 
subpart.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (a) (1) through (4) of this section 
and have not been exposed to infestation after cleaning or other 
handling as prescribed in said paragraphs:
    (1) Small grains, if harvested in bulk or directly into approved 
containers, and if the small grains and containers thereof have not come 
into contact with the soil; or, if they have been cleaned to meet State 
seed sales requirements.
    (2) Soybeans (other than for seed), if harvested in bulk or directly 
into approved containers, and if the soybeans and containers thereof 
have not come into contact with the soil.
    (3) Unshucked ear corn, if harvested in bulk or directly into 
approved containers, and if the corn and containers thereof have not 
come into contact with the soil.
    (4) Used farm tools, if cleaned free of soil.
    (b) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (b) (1) through (3) of this section 
and have not been exposed to infestation after cleaning or other 
handling as prescribed in said paragraphs: Provided, That this exemption 
shall not apply to any class of regulated articles specified by an 
inspector in a written notification to the owner or person in possession 
of the premises that the movement of such articles from such

[[Page 112]]

premises under this exemption would involve a hazard of spread of the 
golden nematode:
    (1) Root crops (other than Irish potatoes and sugar beets), if moved 
in approved containers.
    (2) Hay, straw, fodder, and plant litter, if moved in approved 
containers.
    (c) Containers of the following types are approved for the purposes 
of this section:
    (1) New paper bags; and consumer packages of any material except 
cloth or burlap.
    (2) Crates, pallet boxes, trucks, and boxcars, if free of soil.

[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982; 67 
FR 8465, Feb. 25, 2002]



Sec. 301.85-3  Conditions governing the interstate movement of regulated articles from quarantined States. \2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles except soil samples for processing, 
testing, or analysis may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Sec. Sec. 301.85-4 and 301.85-7 if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the golden nematode and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or
    (2) From any regulated area, without certificate or permit if moved:
    (i) Under the provisions of Sec. 301.85-2b which exempts certain 
articles from certificate and permit requirements; or
    (ii) From a generally infested area to a contiguous generally 
infested area; or
    (iii) From a suppressive area to a contiguous generally infested 
area; or
    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the golden nematode exists; or
    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (3) From any area outside the regulated areas, if moved:
    (i) With a certificate or permit attached; or
    (ii) Without a certificate or permit, if:
    (a) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.85-2b; or
    (b) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.
    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \3\ by the Deputy Administrator and so listed by him in a 
supplemental regulation. \4\ A certificate or permit is not required to 
be attached to such soil samples except in those situations where the 
Deputy Administrator has authorized such movement only with a 
certificate or permit issued and attached in accordance with Sec. Sec. 
301.85-4 and 301.85-7. A certificate or permit is not required to be 
attached to soil samples originating in

[[Page 113]]

areas outside of the regulated areas if the point of origin of such 
movement is clearly indicated on the articles or shipping document which 
accompanies the articles and if the movement is not made through any 
regulated area.
---------------------------------------------------------------------------

    \3\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \4\ For list of approved laboratories, see PP 639 (37 FR 7813, 
15525, and amendments thereof).

[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]



Sec. 301.85-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if 
the inspector determines that they are eligible for certification for 
movement to any destination under all Federal domestic plant quarantines 
applicable to such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Have been treated to destroy infestation in accordance with part 
305 of this chapter; or
    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with part 305 
of this chapter, when, upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of the golden nematode and requirements of other applicable 
Federal domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations may 
be issued by the Deputy Administrator under such conditions as may be 
prescribed in each specific case by the Deputy Administrator to prevent 
the spread of the golden nematode.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use for subsequent 
shipments of regulated articles (except for soil samples for processing, 
testing, or analysis) provided such person is operating under a 
compliance agreement; and any such person may be authorized by an 
inspector to reproduce such forms on shipping containers or otherwise. 
Any such person may execute and issue the certificate forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles from the premises of such person identified in the compliance 
agreement if such person has treated such regulated articles to destroy 
infestation in accordance with part 305 of this chapter, and if such 
regulated articles are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles. Any such person may execute and issue the limited permit 
forms, or reproductions of such forms, for interstate movement of 
regulated articles to specified destinations when the inspector has made 
the determinations specified in paragraph (b) of this section. Any such 
person may execute and issue the restricted destination permit forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles not eligible for certification under all Federal domestic plant 
quarantines applicable to such articles, under the conditions specified 
in paragraph (c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he or 
she determines that the holder thereof has not complied with any 
condition for the use of such document imposed by this subpart. Prior to 
such withdrawal, the

[[Page 114]]

holder of the certificate of permit shall be notified of the proposed 
action and the reason therefor and afforded reasonable opportunity to 
present his or her views thereon.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]



Sec. 301.85-5  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any person engaged in the business of removing soil from Irish 
potatoes by the process of grading, washing, or fluming may enter into a 
compliance agreement concerning such operations. The compliance 
agreement shall be a written agreement between the person conducting 
such operations and Plant Protection and Quarantine wherein such person 
agrees to conduct such operations in a manner which, in the judgment of 
the inspector supervising enforcement of the quarantine and regulations, 
will substantially remove the soil from the potatoes.
    (c) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever the inspector finds, after notice 
and reasonable opportunity to present views has been accorded to the 
other party thereto, that such other party has failed to comply with the 
conditions of the agreement.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982; 
70 FR 33268, June 7, 2005]



Sec. 301.85-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.85-4(e)) who desire to move interstate regulated 
articles which must be accompanied by a certificate or permit shall, as 
far in advance as possible, request an inspector to examine the articles 
prior to movement. Such articles shall be assembled at such points and 
in such manner as the inspector designates to facilitate inspection.



Sec. 301.85-7  Attachment and disposition of certificates and permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.



Sec. 301.85-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and golden nematodes as provided in sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 
in accordance with instructions issued by the Deputy Administrator.

[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]



Sec. 301.85-9  Movement of live golden nematodes.

    Regulations requiring a permit for and otherwise governing the 
movement of live golden nematodes in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.85-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.

[[Page 115]]



                      Subpart_Potato Cyst Nematode

    Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted.



Sec. 301.86  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, quarantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles as provided in section 414 of the Plant Protection 
Act (7 U.S.C. 7714).
---------------------------------------------------------------------------



Sec. 301.86-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Associated field. A field that has been found to be at risk for 
infestation with potato cyst nematode in accordance with Sec. 301.86-
3(c)(2).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of potato cyst nematode and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with this subpart.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.86-4.
    Field. A defined production site that is managed separately from 
surrounding areas for phytosanitary purposes.
    Infestation (infested). The presence of the potato cyst nematode or 
the existence of circumstances that makes it reasonable to believe that 
the potato cyst nematode is present.
    Infested field. A field that has been found to be infested with 
potato cyst nematode in accordance with Sec. 301.86-3(c)(1).
    Inspector. Any employee of APHIS or other person authorized by the 
Administrator to perform the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.86-5(b) only to a specified destination and 
only in accordance with specified conditions.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. The Plant Protection and Quarantine 
program of the Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Potato cyst nematode. The potato cyst nematode (Globodera pallida), 
in any stage of development.
    Quarantined area. Any State or portion of a State designated as a 
quarantined area in accordance with the provisions in Sec. 301.86-3.
    Regulated article. Any article listed in Sec. 301.86-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.86-2(i).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.86-2  Regulated articles.

    The following are regulated articles:

[[Page 116]]

    (a) Potato cyst nematodes.\2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
potato cyst nematodes are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) The following potato cyst nematode host crops:

Eggplant (Solanum melongena L.)
Pepper (Capsicum spp.)
Potato (Solanum tuberosum L.)
Tomatillo (Physalis philadelphica)
Tomato (Lycopersicon esculentum L.)

    (c) Root crops.
    (d) Garden and dry beans (Phaseolus spp.) and peas (Pisum spp.).
    (e) All nursery stock.
    (f) Soil, compost, humus, muck, peat, and manure, and products on or 
in which soil is commonly found, including grass sod and plant litter.
    (g) Hay, straw, and fodder.
    (h) Any equipment or conveyance used in an infested or associated 
field that can carry soil if moved out of the field.
    (i) Any other product, article, or means of conveyance not listed in 
paragraphs (a) through (h) of this section that an inspector determines 
presents a risk of spreading the potato cyst nematode, after the 
inspector provides written notification to the person in possession of 
the product, article, or means of conveyance that it is subject to the 
restrictions of this subpart.



Sec. 301.86-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each field that has been found to be 
infested with potato cyst nematode, each field that has been found to be 
associated with an infested field, and any area that the Administrator 
considers necessary to quarantine because of its inseparability for 
quarantine enforcement purposes from infested or associated fields. The 
Administrator will publish the description of the quarantined area on 
the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/
plant--health/plant--pest--info/potato/pcn.shtml. The description of the 
quarantined area will include the date the description was last updated 
and a description of the changes that have been made to the quarantined 
area. The description of the quarantined area may also be obtained by 
request from any local office of PPQ; local offices are listed in 
telephone directories. After a change is made to the quarantined area, 
we will publish a notice in the Federal Register informing the public 
that the change has occurred and describing the change to the 
quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. Less than an entire State will be designated as a 
quarantined area only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the potato 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 potato cyst nematode is found in the 
field.
    (2) Associated fields. The Administrator will designate a field as 
an associated field when potato cyst nematode host crops, as listed in 
Sec. 301.86-2(b), have been grown in the field in the last 10 years and
    (i) The field shares a border with an infested field; or
    (ii) The field came into contact with a regulated article listed in 
Sec. 301.86-2 from an infested field within the last 10 years; or
    (iii) Within the last 10 years, the field shared ownership, tenancy, 
seed, drainage or runoff, farm machinery, or other elements of shared 
cultural practices with an infested field that could allow spread of the 
potato 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 3-year biosurvey 
protocol approved by APHIS has been completed and the field has been 
found to be free of PCN.

[[Page 117]]

    (2) Associated fields. An associated field will be removed from 
quarantine when the field has been found to be free of potato cyst 
nematode according to a survey protocol approved by the Administrator as 
sufficient to support removal from quarantine.
    (3) Removal of other areas from quarantine. If the Administrator has 
quarantined any area other than infested or associated fields because of 
its inseparability for quarantine enforcement purposes from infested or 
associated fields, as provided in paragraph (a) of this section, that 
area will be removed from quarantine when the relevant infested or 
associated fields are removed from quarantine.



Sec. 301.86-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined 
area only if moved under the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.86-5 and 301.86-8;
    (2) Without a certificate or limited permit if:
    (i) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (ii) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (A) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (B) The regulated article is moved through the quarantined area 
without stopping (except for refueling and for traffic conditions such 
as traffic lights and stop signs); and
    (C) The regulated article is not unpacked or unloaded in the 
quarantined area; and
    (D) The article has not been combined or commingled with other 
articles so as to lose its individual identity.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article interstate, the 
inspector is authorized to stop the person or means of conveyance to 
determine whether a regulated article is present and to inspect the 
regulated article. Articles found to be infested by an inspector, and 
articles not in compliance with the regulations in this subpart, may be 
seized, quarantined, treated, subjected to other remedial measures, 
destroyed, or otherwise disposed of.



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

    (a) Certificates. An inspector \3\ or person operating under a 
compliance agreement may issue a certificate for the interstate movement 
of a regulated article if the inspector determines that the regulated 
article satisfies the general requirements for a certificate in 
paragraph (a)(1) of this section and any requirements that may apply to 
the regulated article under paragraphs (a)(2) through (a)(7) of this 
section.
---------------------------------------------------------------------------

    \3\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) Certification requirements for all regulated articles. The 
regulated article must be moved in compliance with any additional 
emergency conditions the Administrator may impose under section 414 of 
the Plant Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of 
the potato cyst nematode. In addition, the regulated article must be 
eligible for unrestricted movement under all other Federal domestic 
plant quarantines and regulations applicable to the regulated article.
---------------------------------------------------------------------------

    \4\ Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides 
that the Secretary of Agriculture may, under certain conditions, hold, 
seize, quarantine, treat, apply other remedial measures to destroy or 
otherwise dispose of any plant, plant pest, plant product, article, or 
means of conveyance that is moving, or has moved into or through the 
United States or interstate if the Secretary has reason to believe the 
article is a plant pest or is infested with a plant pest at the time of 
movement.
---------------------------------------------------------------------------

    (2) Certification requirements for nursery stock.--(i) Potatoes. 
Potatoes intended for use as nursery stock (i.e.,

[[Page 118]]

seed potatoes) are prohibited from being moved interstate from the 
quarantined area.
    (ii) Nursery stock of other host crops. An inspector may issue a 
certificate for the interstate movement of nursery stock of potato cyst 
nematode host crops other than potatoes, as listed in Sec. 301.86-2(b), 
if the nursery stock was grown in a field that meets the following 
requirements:
    (A) The field has been surveyed by an inspector for potato cyst 
nematode at least once in the last 3 years;
    (B) The potato cyst nematode has not been found in the field; and
    (C) No more than one potato cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the last 3 years.
    (iii) Nursery stock of non-host crops--(A) With soil. An inspector 
may issue a certificate for the interstate movement of nursery stock of 
non-host crops moved with soil if the nursery stock was grown in a field 
that meets the following requirements:
    (1) The field has been surveyed by an inspector for potato cyst 
nematode at least once in the last 3 years;
    (2) The potato cyst nematode has not been found in the field; and
    (3) No more than one potato cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the field in the last 3 years.
    (B) Without soil (bare-rooted). An inspector may issue a certificate 
for the interstate movement of nursery stock of non-host crops moved 
without soil if the inspector finds the nursery stock to be free of soil 
on its roots and on all other parts of the plant.
    (3) Certification requirements for potatoes and root crops for 
consumption. An inspector may issue a certificate for the movement of 
potatoes or root crops intended for consumption from the quarantined 
area only if the field in which the potatoes or root crops were grown 
meets the following requirements:
    (i) The field has been surveyed by an inspector for PCN at least 
once in the last 3 years and prior to the planting of the potatoes or 
root crops;
    (ii) PCN has not been found in the field; and
    (iii) No more than one PCN host crop has been grown in the field in 
the last 3 years.
    (4) Certification requirements for soil and associated products. An 
inspector may issue a certificate for the interstate movement of a 
regulated article listed in Sec. 301.86-2(e) only if the article 
originated in a field that meets the following requirements:
    (i) The field has been surveyed by an inspector for potato cyst 
nematode at least once in the last 3 years;
    (ii) The potato cyst nematode has not been found in the field; and
    (iii) No more than one potato cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the last 3 years.
    (5) Certification requirements for hay, straw, and fodder. An 
inspector may issue a certificate for the movement of hay, straw, or 
fodder from the quarantined area only if:
    (i) The field where the hay, straw, or fodder was produced meets the 
following requirements:
    (A) The field has been surveyed by an inspector for potato cyst 
nematode at least once in the last 3 years;
    (B) The potato cyst nematode has not been found in the field; and
    (C) No more than one potato cyst nematode host crop, as listed in 
Sec. 301.86-2(b), has been grown in the field in the last 3 years; or
    (ii) The hay, straw, or fodder is produced according to procedures 
judged by an inspector to be sufficient to isolate it from soil 
throughout its production.
    (6) Certification requirements for equipment used in infested or 
associated fields. An inspector may issue a certificate for the 
interstate movement of equipment that has been used in an infested or 
associated field and that can carry soil if moved out of the field only 
after the equipment has been pressure-washed under the supervision of an 
inspector to remove all soil or steam-treated in accordance with part 
305 of this chapter.

[[Page 119]]

    (b) Limited permits--(1) General conditions. An inspector \5\ may 
issue a limited permit for the interstate movement of a regulated 
article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.86-5(a).
---------------------------------------------------------------------------

    (i) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the potato 
cyst nematode because life stages of the potato cyst nematode will be 
destroyed by the specified handling, processing, or utilization;
    (ii) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the 
spread of the potato cyst nematode; and
    (iii) The regulated article is eligible for interstate movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (2) Specific conditions for potatoes for consumption. An inspector 
may issue a limited permit to allow the interstate movement of potatoes 
from the quarantined area for processing or packing only if:
    (i) The potatoes are transported in a manner that prevents the 
potatoes and soil attached to the potatoes from coming into contact with 
agricultural premises outside the quarantined area; and
    (ii) The potatoes are processed or packed at facilities that handle 
potatoes, waste, and waste water in a manner approved by APHIS to 
prevent the spread of potato cyst nematode.
    (c) Certificates and limited permits for the interstate movement of 
regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article after an inspector has determined that the regulated 
article is eligible for a certificate in accordance with paragraph (a) 
of this section. A person operating under a compliance agreement may 
issue a limited permit for interstate movement of a regulated article 
after an inspector has determined that the regulated article is eligible 
for a limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all provisions in this subpart for the use of the 
certificate or limited permit or has not complied with all the 
conditions contained in the certificate or limited permit. If the 
withdrawal is oral, the withdrawal and the reasons for the withdrawal 
will be confirmed in writing as promptly as circumstances allow. Any 
person whose certificate or limited permit has been withdrawn may appeal 
the decision in writing to the Administrator within 10 days after 
receiving the written notification of the withdrawal. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the certificate or limited permit was wrongfully withdrawn. As 
promptly as circumstances allow, the Administrator will grant or deny 
the appeal, in writing, stating the reasons for the decision. A hearing 
will be held to resolve any conflict as to any material fact. Rules of 
practice concerning a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0322)



Sec. 301.86-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from 
local Plant Protection and Quarantine offices, which are listed in 
telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing,

[[Page 120]]

by an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with any of 
the provisions of this subpart. If the cancellation is oral, the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as promptly as circumstances allow. Any person whose compliance 
agreement has been canceled may appeal the decision, in writing, to the 
Administrator, within 10 days after receiving written notification of 
the cancellation. The appeal must state all of the facts and reasons 
upon which the person relies to show that the compliance agreement was 
wrongfully canceled. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.



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

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.86-5(c)) who desires a certificate or 
limited permit to move a regulated article interstate must notify an 
inspector \7\ as far in advance of the desired interstate movement as 
possible, but no less than 48 hours before the desired interstate 
movement.
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.86-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.86-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate or limited permit is attached to the consignee's copy of 
the waybill, the regulated article must be sufficiently described on the 
certificate or limited permit and on the waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier or the carrier's 
representative to the consignee listed on the certificate or limited 
permit upon arrival at the location provided on the certificate or 
limited permit.

(Approved by the Office of Management and Budget under control number 
0579-0322)



Sec. 301.86-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. APHIS will not be responsible for any costs or charges 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



                       Subpart_Sugarcane Diseases

    Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.87  Quarantine; restrictions on interstate movement of specified articles. \1,2\
---------------------------------------------------------------------------

    \1\ Any inspector is authorized to stop and inspect persons and 
means of conveyance, and to hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
    \2\ Regulations concerning the movement of gummosis bacteria and 
leaf scald bacteria in interstate or foreign commerce are contained in 
part 330 of this chapter.
---------------------------------------------------------------------------

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines Hawaii to prevent the 
artificial spread of leaf scald disease and quarantines Puerto Rico to 
prevent the artificial spread of

[[Page 121]]

gummosis disease and leaf scald disease. The regulations in this subpart 
govern the interstate movement from Hawaii and Puerto Rico of the 
regulated articles described in Sec. 301.87-2.
    (b) Quarantine restrictions on interstate movement of regulated 
articles. No common carrier or other person shall move interstate from 
any regulated area any regulated article except in accordance with the 
conditions prescribed in this subpart.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001]



Sec. 301.87-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that the article is eligible for interstate movement in 
accordance with Sec. 301.87-5(a) of this subpart.
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, in which the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant to such provisions.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service, U.S. Department of Agriculture for 
Plant Protection and Quarantine, or any officer or employee of the 
Department to whom authority to act in his or her stead has been or may 
hereafter be delegated.
    Gummosis disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb) 
Dowson, and which is not widely prevalent or distributed within and 
throughout the United States.
    Inspector. Any employee of Plant Protection and Quarantine, Animal 
and Plant Health Inspection Service, U.S. Department of Agriculture, or 
other person, authorized by the Deputy Administrator in accordance with 
law to enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Leaf scald disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas albilineans 
(Ashby) Dowson, and which is not widely prevalent or distributed within 
and throughout the United States.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that the regulated article is eligible for 
interstate movement in accordance with Sec. 301.87-5(b) of this 
subpart.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or caused or allowed to be moved by any 
means. ``Movement'' and ``move'' shall be construed in accordance with 
this definition.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or 
otherwise designated as a regulated area in accordance with Sec. 
301.87-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.87-2(a), (b), 
(c), (d), or otherwise designated as a regulated article in accordance 
with Sec. 301.87-2(e).
    State. Any State, Territory, or District of the United States, 
including the Commonwealth of Puerto Rico.
    Sugarcane disease. This means leaf scald disease with respect to 
activities

[[Page 122]]

in Hawaii, and means gummosis disease or leaf scald disease with respect 
to activities in Puerto Rico.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987; 
66 FR 21052, Apr. 27, 2001]



Sec. 301.87-2  Regulated articles.

    (a) Sugarcane plants, whole or in part, including true seed and 
bagasse, but not including pieces of cane boiled for a minimum of 30 
minutes during processing into sugarcane chews;
    (b) Used sugarcane processing equipment (sugarcane mill equipment, 
such as equipment used for extracting and refining sugarcane juice; and 
experimental devices, such as devices used for extracting sugarcane 
juice);
    (c) Used sugarcane field equipment (equipment used for sugarcane 
field production purposes, e.g. planters, tractors, discs, cultivators, 
and vehicles);
    (d) Sugarcane juice; and
    (e) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a), (b), (c), or (d) of 
this section, when it is determined by an inspector that it presents a 
risk of spread of a sugarcane disease and the person in possession of it 
has actual notice that the product, article, or means of conveyance is 
subject to the restrictions of this section.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



Sec. 301.87-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, each quarantined State, or each portion thereof, in 
which a sugarcane disease has been found by an inspector or in which the 
Deputy Administrator has reason to believe that a sugarcane disease is 
present, or each portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to a 
sugarcane disease or its inseparability for quarantine enforcement 
purposes from localities in which a sugarcane disease occurs. Less than 
an entire quarantined State will be designated as a regulated area only 
if the Deputy Administrator is of the opinion that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of a sugarcane disease.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such an area. Written notice of the designation 
shall be given to the owner or person in possession of the nonregulated 
area and, thereafter, the interstate movement of any regulated article 
from the area shall be subject to the applicable provisions of this 
subpart. As soon as practicable, the area shall be added to the list in 
paragraph (c) of this section or the designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas;

                                 Hawaii

    All of Hawaii.

                              Puerto Rico.

    All of Puerto Rico.



Sec. 301.87-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.\3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.87-5 and 301.87-8 of this subpart, or

[[Page 123]]

    (b) Without a certificate or limited permit, if
    (1) Moved directly through any regulated area, and
    (2) The article originated outside of any regulated area, and
    (3) The point of origin of the article is clearly indicated by 
shipping documents, its identity has been maintained, and it has not 
been used for the production of sugarcane while in the regulated area.



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

    (a) A certificate shall be issued by an inspector for the movement 
of a regulated article if the inspector:
    (1)(i) Determines that it has been treated under the direction of an 
inspector \4\ in accordance with Sec. 301.87-10 of this subpart, or
---------------------------------------------------------------------------

    \4\ Treatments shall be monitored by inspectors in order to assure 
compliance with requirements in this subpart.
---------------------------------------------------------------------------

    (ii) Determines based on inspection of the article and the premises 
of origin that it is free from sugarcane diseases; \5\
---------------------------------------------------------------------------

    \5\ The term sugarcane diseases means leaf scald disease with 
respect to movement of regulated articles from Hawaii and means gummosis 
disease and leaf scald disease with respect to movements of regulated 
articles from Puerto Rico.
---------------------------------------------------------------------------

    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane 
diseases; and
---------------------------------------------------------------------------

    \6\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines applicable to the article.
    (b) A limited permit shall be issued by an inspector for the 
movement of a regulated article if the inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved:
    (i) For a specified purpose (such as for consumption or 
manufacturing) stated on the limited permit, other than for processing 
or harvesting sugarcane; and
    (ii) To a specified destination stated on the limited permit, which 
is not in a county or parish where sugarcane is produced, and which is 
not within 10 miles of a sugarcane field;
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane 
diseases; and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines applicable to the article.
    (c) Certificates and limited permits for shipments of regulated 
articles may be issued by an inspector or by any person engaged in the 
business of growing, handling, or moving regulated articles provided 
such person is operating under a compliance agreement. Any such person 
may execute and issue a certificate for the interstate movement of a 
regulated article if the person has treated the regulated article to 
destroy infection in accordance with the provisions of Sec. 301.87-10 
of this subpart and the inspector has made the determination that the 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section; or if the inspector has made the 
determination that the article is eligible for a certificate in 
accordance with paragraph (a) of this section without such treatment. 
Any such person may execute and issue a limited permit for interstate 
movement of a regulated article when the inspector has made the 
determination that the article is eligible for a limited permit in 
accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if the inspector determines 
that its holder has not complied with any condition under the 
regulations for its use. The reasons for the withdrawal shall be 
confirmed in writing as promptly as circumstances allow. Any person 
whose certificate or limited permit has been withdrawn may appeal the 
decision in writing to the Deputy Administrator within ten days after 
receiving the written notification of the withdrawal.

[[Page 124]]

The appeal shall state all of the facts and reasons upon which the 
person relies to show that the certificate or limited permit was 
wrongfully withdrawn. The Deputy Administrator shall grant or deny the 
appeal in writing, stating the reasons for the decision as promptly as 
circumstances allow. If there is a conflict as to any material fact, a 
hearing shall be held to resolve the conflict under rules of practice 
which shall be adopted by the Administrator of the Animal and Plant 
Health Inspection Service, USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.87-6  Compliance agreement; cancellation.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \7\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, in which 
the person agrees to comply with the provisions of this subpart and any 
conditions imposed pursuant to such provisions.
---------------------------------------------------------------------------

    \7\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories.)
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
the inspector who is supervising its enforcement whenever the inspector 
finds that such person has failed to comply with the provisions of this 
subpart or any conditions imposed pursuant to such provisions. If the 
cancellation is oral, the decision and the reasons for the cancellation 
shall be confirmed in writing as promptly as circumstances allow. Any 
person whose compliance agreement has been canceled may appeal the 
decision, in writing, to the Deputy Administrator within ten days after 
receiving written notification of the cancellation. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for the decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve the conflict under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.87-5(c) of this subpart) who desires 
to move interstate a regulated article accompanied by a certificate or 
limited permit shall, as far in advance as possible (should be no less 
than 48 hours before the desired movement), request an inspector \8\ to 
take any necessary action under this subpart prior to movement of the 
regulated article.
---------------------------------------------------------------------------

    \8\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine, which are listed in telephone directories. Information 
concerning local offices may also be obtained from the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) The regulated article shall be assembled at whatever point and 
in whatever manner the inspector designates as necessary to comply with 
the requirements of this subpart.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the container containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the

[[Page 125]]

accompanying waybill or other shipping document; provided however, that 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping document only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify the article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.87-9  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.87-10  Treatments.

    Treatment for regulated articles shall be as follows:
    (a) Seedpieces (pieces of sugarcane, sets) or canes of sugarcane: 
Presoak for 24 hours in water at room temperature and then immerse in 
water at 50 [deg]C (122 [deg]F) for 3 hours.

    Note: Some seedpieces or canes of sugarcane which have germinated 
may be damaged by this procedure.

    (b) True seed (fuzz): Immerse in 0.525 percent sodium hypochlorite 
solution for 30 minutes (solution shall contain 1 part of solution 
containing 5.25 percent sodium hypochlorite with 9 parts water by 
volume). Air dry at least 8 hours before packaging.
    (c) Bagasse: Subject to dry heat at 70 [deg]C (158 [deg]F) for 2 
hours.
    (d) Sugarcane harvesting and processing equipment: Remove all debris 
and soil from the equipment with water at high pressure (at least 300 
pounds per square inch) or with steam.
    (e) Sugarcane juice: Heat at 100 [deg]C (212 [deg]F) for 10 or more 
minutes.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



                           Subpart_Karnal Bunt

    Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.



Sec. 301.89-1  Definitions.

    Actual price received. The net price after adjustment for any 
premiums or discounts stated on the sales receipt.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
    Contaminated seed. Seed from sources in which the Karnal bunt 
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist 
by the presence of bunted kernels or teliospores.
    Contract price. The net price after adjustment for any premiums or 
discounts stated in the contract.
    Conveyances. Containers used to move wheat, durum wheat, or 
triticale, or their products, including trucks, trailers, railroad cars, 
bins, and hoppers.
    Distinct definable area. A commercial wheat production area of 
contiguous fields that is separated from other wheat production areas by 
desert, mountains, or other nonagricultural terrain as determined by an 
inspector, based on survey results.
    Grain. Wheat, durum wheat, and triticale used for consumption or 
processing.
    Grain storage facility. That part of a grain handling operation or 
unit or a grain handling operation, consisting or structures, 
conveyances, and equipment that receive, unload, and store, grain, and 
that is able to operate as an

[[Page 126]]

independent unit from other units of the grain handling operation. A 
grain handling operation may be one grain storage facility or may be 
comprised of many grain storage facilities on a single premises.
    Hay. Host crops cut and dried for feeding to livestock. Hay cut 
after reaching the dough stage may contain mature kernels of the host 
crop.
    Host crops. Plants or plant parts, including grain, seed, or hay, of 
wheat, durum wheat, and triticale.
    Infestation (infected). The presence of Karnal bunt, or any 
identifiable stage of development (i.e., bunted kernels in grain, bunted 
kernels or teliospores in seed) of the fungus Tilletia indica (Mitra) 
Mundkur, or the existence of circumstances that make it reasonable to 
believe that Karnal bunt is present.
    Inspector. An APHIS employee or designated cooperator/collaborator 
authorized by the Administrator to enforce the provisions of this 
subpart.
    Karnal bunt. A plant disease caused by the fungus Tilletia indica 
(Mitra) Mundkur.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for movement only to a specified destination and in accordance with 
conditions specified on the permit.
    Mechanized cultivating equipment and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors--e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes--e.g., combines, grain buggies, trucks, swathers, and hay 
balers.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Plant. Any plant (including any plant part) for or capable of 
propagation, including a tree, a tissue culture, a plantlet culture, 
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a 
root, and a seed.
    Seed. Wheat, durum wheat, and triticale used for propagation.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.
    Straw. The vegetative material left after the harvest of host crops. 
Straw is generally used as animal feed, bedding, mulch, or for erosion 
control.
    Tilling. The turning of a minimum of the top 6 inches of soil.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 
1999; 69 FR 8095, Feb. 23, 2004]



Sec. 301.89-2  Regulated articles.

    The following are regulated articles:
    (a) Conveyances, including trucks, railroad cars, and other 
containers used to move host crops produced in a regulated area that 
have tested positive for Karnal bunt through the presence of bunted 
kernels;
    (b) Grain elevators/equipment/structures used for storing and 
handling host crops produced in a regulated area that have tested 
positive for Karnal bunt through the presence of bunted kernels;
    (c) Seed conditioning equipment and storage/handling equipment/
structures that have been used in the production of wheat, durum wheat, 
and triticale found to contain the spores of Tilletia indica;
    (d) Plants or plant parts (including grain, seed, and straw) and hay 
cut after reaching the dough stage of all varieties of wheat (Triticum 
aestivum), durum wheat (Triticum durum), and triticale (Triticum 
aestivum X Secale cereale) that are produced in a regulated area, except 
for straw/stalks/seed heads for decorative purposes that have been 
processed or manufactured prior to movement and are intended for use 
indoors;

[[Page 127]]

    (e) Tilletia indica (Mitra) Mundkur;
    (f) Mechanized harvesting equipment that has been used in the 
production of wheat, durum wheat, or triticale that has tested positive 
for Karnal bunt through the presence of bunted kernels; and
    (g) Any other product, article, or means of conveyance when:
    (1) An inspector determines that it presents a risk of spreading 
Karnal bunt based on appropriate testing and the intended use of the 
product, article, or means of conveyance; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

[69 FR 8095, Feb. 23, 2004]



Sec. 301.89-3  Regulated areas.

    (a) The Administrator will regulate each State or each portion of a 
State that is infected.
    (b) Less than an entire State will be listed as a regulated area 
only if the Administrator:
    (1)(i) Determines that the State has adopted and is enforcing 
restrictions on the intrastate movement of the regulated articles listed 
in Sec. 301.89-2 that are equivalent to the movement restrictions 
imposed by this subpart; and
    (ii) Determines that designating less than the entire State as a 
regulated area will prevent the spread of Karnal bunt; or
    (2) Exercises his or her extraordinary emergency authority under 7 
U.S.C. 150dd.
    (c) The Administrator may include noninfected acreage within a 
regulated area due to its proximity to an infestation or inseparability 
from the infected locality for regulatory purposes, as determined by:
    (1) Projections of the spread of Karnal bunt along the periphery of 
the infestation;
    (2) The availability of natural habitats and host materials within 
the noninfected acreage that are suitable for establishment and survival 
of Karnal bunt; and
    (3) The necessity of including uninfected acreage within the 
regulated area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonregulated area as a regulated area in accordance with the criteria 
specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonregulated area, or, in the case of 
publicly owned land, to the person responsible for the management of the 
nonregulated area. Thereafter, the movement of any regulated article 
from an area temporarily designated as a regulated area is subject to 
this subpart. As soon as practicable, this area either will be added to 
the list of designated regulated areas in paragraph (g) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (e) The Administrator will classify a field or area as a regulated 
area when:
    (1) It is a field planted with seed from a lot found to contain a 
bunted wheat kernel; or
    (2) It is a distinct definable area that contains at least one field 
that was found during survey to contain a bunted wheat kernel (the 
distinct definable area may include an area where Karnal bunt is not 
known to exist but where intensive surveys are required because of the 
area's proximity to a field found during survey to contain a bunted 
kernel); or
    (3) It is a distinct definable area that contains at least one field 
that has been determined to be associated with grain at a handling 
facility containing a bunted kernel of a host crop (the distinct 
definable area may include an area where Karnal bunt is not known to 
exist but where intensive surveys are required because of the area's 
proximity to the field associated with the bunted kernel at the handling 
facility).
    (f) A field known to have been infected with Karnal bunt, as well as 
any non-infected acreage surrounding the field, will be released from 
regulation if:

[[Page 128]]

    (1) The field has been permanently removed from crop production; or
    (2) The field is tilled at least once per year for a total of 5 
years (the years need not be consecutive). After tilling, the field may 
be planted with a crop or left fallow. If the field is planted with a 
host crop, the crop must test negative, through the absence of bunted 
kernels, for Karnal bunt.
    (g) The following areas or fields are designated as regulated areas 
(maps of the regulated areas may be obtained by contacting the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
4700 River Road Unit 98, Riverdale, MD 20737-1236):

                                 Arizona

    La Paz County. Beginning at the northeast corner of sec. 19, T. 8 
N., R. 20 W.; then south to the southeast corner of sec. 31, T. 7 N., R. 
20 W.; then west to the northeast corner of sec. 2, T. 6 N., R. 21 W.; 
then south to the southeast corner of sec. 2, T. 6 N., R. 21 W.; then 
west to the southwest corner of sec. 2, T. 6 N., R. 21 W.; then south to 
the southeast corner of sec. 15, T. 6 N., R. 21 W., then west to the 
southwest corner of sec. 13, T. 6 N., R. 22 W.; then north to the 
northwest corner of sec. 24, T. 7 N., R. 22 W.; then east to the 
northeast corner of sec. 24, T. 7 N., R. 22 W.; then north to the point 
of intersection with the Colorado River; then northeast along the 
Colorado River to its intersection with the northern boundary of sec. 
16, T. 8 N., R. 21 W.; then east to the northeast corner of sec. 14, T. 
8 N., R. 21 W.; then south to the southeast corner of sec. 14, T. 8 N., 
R. 21 W.; then east to the point of beginning.
    Maricopa County. (1) Beginning at the southeast corner of sec. 8, T. 
1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S., R. 
2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2 E.; 
then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then 
north to the northwest corner of sec. 14, T. 1 S., R. 1 E.; then west to 
the southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the 
northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the southwest 
corner of sec. 5, T. 1 S., R. 1 E.; then north to the northwest corner 
of sec. 5, T. 1 S., R. 1 E.; then west to the northeast corner of sec. 
6, T. 1 S., R. 1 W.; then south to the southeast corner of sec. 7, T. 1 
S., R. 1 W.; then west to the northeast corner of sec. 14, T. 1 S., R. 2 
W.; then south to the southeast corner of sec. 14, T. 1 S., R. 2 W.; 
then west to the northeast corner of sec. 20, T. 1 S., R. 2 W.; then 
south to the southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to 
the northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the 
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the 
southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the 
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the northeast 
corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner 
of sec. 5, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 
5, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 33, T. 2 
N., R. 2 W.; then east to the northeast corner of sec. 33, T. 2 N., R. 2 
W.; then north to the northwest corner of sec. 3, T. 3 N., R. 2 W.; then 
east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to 
the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the 
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the 
southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the 
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the 
northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the northeast 
corner of sec. 4, T. 1 N., R. 2 E.; then south to the northwest corner 
of sec. 15, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 
15, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 27, T. 
1 N., R. 2 E.; then west to the southwest corner of sec. 27, T. 1 N., R. 
2 E.; then south to the southeast corner of sec. 33, T. 1 N., R. 2 E.; 
then west to the southwest corner of sec. 33, T. 1 N., R. 2 E.; then 
south to the point of beginning.
    (2) Beginning at the intersection of the Maricopa/Pinal County line 
and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then west along 
the Maricopa/Pinal County line to the southwest corner of sec. 33, T. 2 
S.; R. 5 E.; then north to the northwest corner of sec. 33; then west to 
the southwest corner of sec. 30, T. 2 S., R. 5 E.; then north to the 
southeast corner of sec. 25, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the 
southwest corner of sec. 13, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the 
northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the southwest 
corner of sec. 35, T. 1 S., R. 4 E.; then north to the northwest corner 
of sec. 35, T. 1 S., R. 4 E.; then east to the northeast corner of sec. 
33, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 27, T. 
1 S., R. 5. E.; then east to the northeast corner of sec. 27, T. 1 S., 
R. 5 E.; then north to the northwest corner of sec. 23, T. 1 S., R. 5 
E.; then east to the northeast corner of sec. 19, T. 1 S., R. 6 E.; then 
north to the northwest corner of sec. 8, T. 1 S., R. 6 E.; then east to 
the southwest corner of sec. 3, T. 1 S., R. 6 E.; then north

[[Page 129]]

to the northwest corner of sec. 3, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 2, T. 1 S., R. 6. E.; then south to the 
southeast corner of sec. 2, T. 1 S., R. 6 E.; then east to the northeast 
corner of sec. 7, T. 1 S., R. 7 E.; then south to the northwest corner 
of sec. 5, T. 2 S., R. 7. E.; then east to the northeast corner of sec. 
3, T. 2 S., R. 7 E.; then north to the northwest corner of sec. 35, T. 1 
S., R. 7 E.; then east to the northeast corner of sec. 36, T. 1 S., R. 7 
E. and the Maricopa/Pinal County line; then south along the Maricopa/
Pinal County line to the point of beginning.
    (3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.; 
then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then 
south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west to 
the southwest corner of sec. 36, T. 6 S., R. 7 W.; then north to the 
northwest corner of sec. 36, T. 6 S., R. 7 W.; then west to the 
southwest corner of sec. 26, T. 6 S., R. 7 W.; then north to the 
northwest corner of sec. 23, T. 6 S., R. 7 W.; then west to the 
southeast corner of sec. 18, T. 6 S., R. 7 W.; then north to the 
northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to the southeast 
corner of sec. 31, T. 5 S., R. 7 W.; then north to the northwest corner 
of sec. 29, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 
29, T. 5 S., R. 7 W.; then east to the southwest corner of sec. 22, T. 5 
S., R. 7 W.; then north to the northwest corner of sec. 22, T. 5 S., R 7 
W.; then east to the southwest corner of sec. 14, T. 5 S., R. 7 W.; then 
north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then east to 
the northeast corner of sec. 13, T. 5 S., R. 6 W.; then south to the 
southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the 
northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the 
southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point 
of beginning.
    (4) Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.; 
then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then 
south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to 
the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the 
southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the 
southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the 
northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the 
southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the 
northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the 
northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the 
northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast 
corner of sec. 12, T. 2 N., R. 5 E.; then south to the point of 
beginning.
    Pinal County: (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 31, T. 1 S., R. 8 E.; 
then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; then 
south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then east to 
the northeast corner of sec. 4, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the northeast 
corner of sec. 8, T. 3 S., R. 8 E.; then south to the southeast corner 
of sec. 8, T. 3 S., R. 8 E.; then west to the southwest corner of sec. 
12, T 3 S., R. 7 E.; then north to the southeast corner of sec. 2, T. 3 
S., R. 7 E.; then west to the northeast corner of sec. 9, T. 3 S., R. 6 
E.; then south to the southeast corner of sec. 28, T. 3 S., R. 6 E.; 
then west to the southwest corner of sec. 28, T. 3 S., R. 6 E.; then 
south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to 
the southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the 
southwest corner of sec. 27, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the 
southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the 
northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of the 
Maricopa/Pinal County line; then east along the Maricopa/Pinal County 
line to the northwest corner of sec. 6, T. 3 S., R. 8 E.; then north 
along the Maricopa/Pinal County line to the point of beginning.
    (2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; 
then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then 
south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to 
the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the 
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the 
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the 
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the 
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the 
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 2 E.; then north to the 
northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the 
southwest corner of sec. 20, T. 4 S., R. 3 E.; then north to the 
northwest corner of sec. 20, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 24, T. 4 S., R. 3 E.; then south to the 
southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the 
northeast corner of sec.

[[Page 130]]

35, T. 4 S., R. 4 E.; then south to the northwest corner of sec. 1, T. 5 
S., R. 4 E.; then east to the northeast corner of sec. 1, T. 5 S., R. 4 
E.; then south to the southeast corner of sec. 1, T. 5 S., R. 4 E.; then 
west to the northeast corner of sec. 12, T. 5 S., R. 4 E.; then south to 
the southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to the 
southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the 
northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the 
northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the 
northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the 
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of 
beginning.
    (3) The following individual fields in Pinal County are regulated 
areas: 309021804 and 309050104.

                               California

    Riverside County. That portion of Riverside County known as the Palo 
Verde Valley (in part) bounded by a line drawn as follows: Beginning at 
the intersection of Neighbours Boulevard and West Hobson Way; then east 
on West Hobson Way to Arrowhead Boulevard; then north on Arrowhead 
Boulevard to West 11th Avenue; then east on West 11th Avenue to Defrain 
Boulevard; then north on Defrain Boulevard to 10th Avenue; then east on 
10th Avenue to the southern boundary line of secs. 23 and 24, T. 6 S., 
R. 23 E.; then east along that boundary line to the California/Arizona 
State line; then south along the State line to the southern boundary 
line of secs. 25, 26, and 27, T. 8 S., R. 22 E.; then west along that 
boundary line to 36th Avenue; then west on 36th Avenue to Stephenson 
Boulevard; then north on Stephenson Boulevard to 34th Avenue; then west 
on 34th Avenue to Keim Boulevard; then north along an imaginary line to 
the intersection of 28th Avenue and Keim Boulevard; then north on Keim 
Boulevard to its northernmost point; then from that point northeast 
along an imaginary line to the intersection of Stephenson Boulevard and 
West 14th Avenue; then east along West 14th Avenue to Neighbours 
Boulevard; then north on Neighbours Boulevard to the point of beginning.

                                  Texas

    Throckmorton County. Beginning in the northeastern portion of the 
county at the line of longitude -98.9921[deg] W and the line of latitude 
33.2836[deg] N; then south along the line of longitude -98.9921[deg] W 
to the line of latitude 33.2055[deg] N; then east along the line of 
latitude 33.2055[deg] N to the line of longitude -98.9891[deg] W; then 
south along the line of longitude -98.9891[deg] W to the line of 
latitude 33.1809[deg] N; then east along the line of latitude 
33.1809[deg] N to the Throckmorton/Young County line at the line of 
longitude -98.9527[deg] W; then north along the line of longitude -
98.9527[deg] W to the line of latitude 33.2836[deg] N; then west along 
the line of latitude 33.2836[deg] N to the point of beginning.
    Young County. Beginning in the northwestern portion of the county at 
the line of longitude -98.9527[deg] W and the line of latitude 
33.2836[deg] N; then south along the line of longitude -98.9527[deg] W 
to the line of latitude 33.1809[deg] N; then east along the line of 
latitude 33.1809[deg] N to the line of longitude -98.8762[deg] W; then 
north along the line of longitude -98.8762[deg] W to the line of 
latitude 33.1946[deg] N; then east along the line of latitude 
33.1946[deg] N to the line of longitude -98.8356[deg] W; then north 
along the line of longitude -98.8356[deg] W to the line of latitude 
33.2880[deg] N; then west along the line of latitude 33.2880[deg] N to 
the line of longitude -98.9430[deg] W; then south along the line of 
longitude -98.9430[deg] W to the line of latitude 33.2836[deg] N; then 
west along the line of latitude 33.2836[deg] N to the point of 
beginning.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998; 63 FR 50751, Sept. 23, 
1998; 64 FR 23752, May 4, 1999; 65 FR 50596, Aug. 21, 2000; 66 FR 32210, 
June 14, 2001; 66 FR 37576, July 19, 2001; 66 FR 63152, Dec. 5, 2001; 67 
FR 61978, Oct. 3, 2002; 69 FR 246, Jan. 5, 2004; 69 FR 8096, Feb. 23, 
2004; 69 FR 27823, May 17, 2004; 70 FR 15555, Mar. 28, 2005; 70 FR 
73555, Dec. 13, 2005; 71 FR 12992, Mar. 14, 2006; 71 FR 67434, Nov. 22, 
2006; 73 FR 18703, Apr. 7, 2008]



Sec. 301.89-4  Planting.

    Any wheat, durum wheat, or triticale that originates within a 
regulated area must be tested and found free from bunted wheat kernels 
and spores before it may be used as seed within or outside a regulated 
area.

[69 FR 8096, Feb. 23, 2004]



Sec. 301.89-5  Movement of regulated articles from regulated areas.

    (a) Any regulated article may be moved from a regulated area into or 
through an area that is not regulated only if moved under the following 
conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.89-6 and 301.89-10;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the regulated area from an 
area that is not regulated;

[[Page 131]]

    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the regulated area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of contamination with 
Karnal bunt, or has been treated in accordance with the methods and 
procedures prescribed in Sec. 301.89-13 while in or moving through any 
regulated area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity;
    (3) Without a certificate or limited permit, provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator \1\ to process, test, or analyze soil samples;
---------------------------------------------------------------------------

    \1\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Surveillance and 
Emergency Programs Planning and Coordination, 4700 River Road Unit 98, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article, the inspector is 
authorized to stop the person or means of conveyance to determine 
whether a regulated article is present and to inspect the regulated 
article. Articles found to be infected by an inspector, and articles not 
in compliance with the regulations in this subpart, may be seized, 
quarantined, treated, subjected to other remedial measures, destroyed, 
or otherwise disposed of. Any treatments will be in accordance with the 
methods and procedures prescribed in Sec. 301.89-13.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998; 69 FR 8096, Feb. 23, 2004]



Sec. 301.89-6  Issuance of a certificate or limited permit.

    (a) An inspector \2\ or person operating under a compliance 
agreement will issue a certificate for the movement of a regulated 
article outside a regulated area if he or she determines that the 
regulated article:
---------------------------------------------------------------------------

    \2\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Surveillance and Emergency 
Programs Planning and Coordination, 4700 River Road Unit 98, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved in compliance with any conditions deemed 
necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 
\3\ to prevent the artificial spread of Karnal bunt; and
---------------------------------------------------------------------------

    \3\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 431 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3)(i) Is free of Karnal bunt infestation, based on laboratory 
results of testing, and history of previous infestation;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of 
Karnal bunt; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in Sec. 301.89-13.
    (b) To be eligible for movement under a certificate, hay cut after 
the dough stage or grain from a field within a regulated area must be 
tested prior to its movement from the field or before it is commingled 
with similar commodities and must be found free from bunted kernels. If 
bunted kernels are found, the grain or hay will be eligible for movement 
only under a limited permit issued in accordance with paragraph (c) of 
this section, and the field of production will be considered positive 
for Karnal bunt.
    (c) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the movement outside the regulated area 
of a regulated article not eligible for a certificate if the inspector 
determines that the regulated article:

[[Page 132]]

    (1) Is to be moved to a specified destination for specified 
handling, utilization, or processing (the destination and other 
conditions to be listed in the limited permit and/or compliance 
agreement), and this movement will not result in the artificial spread 
of Karnal bunt because Karnal bunt will be destroyed or the risk 
mitigated by the specified handling, utilization, or processing;
    (2) Is to be moved in compliance with any additional conditions the 
Administrator may impose under section 414 of the Plant Protection Act 
(7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and
    (3) Is eligible for movement under all other Federal domestic plant 
quarantines and regulations applicable to the regulated article.
    (d) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.89-7 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the movement of 
regulated articles that have met the applicable requirements of 
paragraphs (a) and (b) of this section for the issuance of certificates 
or of paragraph (c) of this section for the issuance of limited permits.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 
27, 2001; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, Feb. 23, 2004]



Sec. 301.89-7  Compliance agreements.

    Persons who grow, handle, or move regulated articles may enter into 
a compliance agreement \4\ if such persons review with an inspector each 
provision of the compliance agreement, have facilities and equipment to 
carry out disinfestation procedures or application of chemical materials 
in accordance with Sec. 301.89-13, and meet applicable State training 
and certification standards under the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters 
into a compliance agreement with APHIS must agree to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
---------------------------------------------------------------------------

    \4\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Surveillance and Emergency Program Planning and Coordination, 4700 River 
Road Unit 98, Riverdale, Maryland 20737-1236.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69 
FR 8096, Feb. 23, 2004]



Sec. 301.89-8  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and the reasons for the cancellation will be 
confirmed in writing as soon as circumstances allow, but within 20 days 
after oral notification of the cancellation. Any person whose 
certificate, limited permit, or compliance agreement has been canceled 
may appeal the decision, in writing, within 10 days after receiving the 
written cancellation notice. The appeal must state all of the facts and 
reasons that the person wants the Administrator to consider in deciding 
the appeal. A hearing may be held to resolve any conflict as to any 
material fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the appeal, in writing, stating the reasons for the decision.

[[Page 133]]



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

    (a) Persons requiring certification or other services must request 
the services of an inspector \5\ at least 24 hours before the services 
are needed.
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    \5\ See footnote 2.
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    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 
FR 29550, June 2, 1999]



Sec. 301.89-10  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing movement of a regulated article is, at all times during 
movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing movement of a regulated article to the consignee at the 
shipment's destination.



Sec. 301.89-11  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services.
    The user will be responsible for all costs and charges arising from 
inspection and other services provided outside of normal business hours.



Sec. 301.89-12  Cleaning, disinfection, and disposal.

    (a) Mechanized harvesting equipment that has been used to harvest 
host crops that test positive for Karnal bunt based on the presence of 
bunted kernels must be cleaned and, if disinfection is determined to be 
necessary by an inspector, disinfected in accordance with Sec. 301.89-
13 prior to movement from a regulated area.
    (b) Seed conditioning equipment that was used in the conditioning of 
seed that was tested and found to contain spores or bunted kernels of 
Tilletia indica must be cleaned and disinfected in accordance with Sec. 
301.89-13 prior to being used in the conditioning of seed that has 
tested negative for the spores of Tilletia indica or to being moved from 
a regulated area.
    (c) Any grain storage facility, including on-farm storage, that is 
used to store seed that has tested bunted-kernel or spore positive or 
grain that has tested bunted-kernel positive must be cleaned and, if 
disinfection is determined to be necessary by an inspector, disinfected 
in accordance with Sec. 301.89-13 if the facility will be used to store 
grain or seed in the future.
    (d) Conveyances used to move bunted-kernel-positive host crops, 
including trucks, railroad cars, and other containers, that have sloping 
metal sides leading directly to a bottom door or slide chute, are self 
cleaning, and will not be required to be cleaned and disinfected.
    (e) Spore-positive wheat, durum wheat, or triticale seed that has 
been treated with any chemical that renders it unfit for human or animal 
consumption must be disposed of by means of burial under a minimum of 24 
inches of soil in a nonagricultural area that will not be cultivated or 
in an approved landfill.

[69 FR 8096, Feb. 23, 2004]



Sec. 301.89-13  Treatments.

    All conveyances, mechanized harvesting equipment, seed conditioning 
equipment, grain elevators, and structures used for storing and handling 
wheat, durum wheat, or triticale required to be cleaned under this 
subpart must be cleaned by removing all soil and plant debris. If 
disinfection is required by an inspector in addition to cleaning, the 
articles must be disinfected by one of the methods specified in 
paragraph (a), (b), or (c) of this section, unless a particular 
treatment is designated by an inspector. The treatment used must be that 
specified by an inspector:

[[Page 134]]

    (a) Wetting all surfaces to the point of runoff with one of the 
following 1.5 percent sodium hypochlorite solutions and letting stand 
for 15 minutes, then thoroughly washing down all surfaces after 15 
minutes to minimize corrosion:
    (1) One part Ultra Clorox brand regular bleach (6 percent sodium 
hypochlorite; EPA Reg. No. 5813-50) in 3 parts water; or
    (2) One part CPPC Ultra Bleach 2 (6.15 percent sodium hypochlorite; 
EPA Reg. No. 67619-8) in 3.1 parts water.
    (b) Applying steam to all surfaces until the point of runoff, and so 
that a critical temperature of 170 [deg]F is reached at the point of 
contact.
    (c) Cleaning with a solution of hot water and detergent, applied 
under pressure of at least 30 pounds per square inch, at a minimum 
temperature of 170 [deg]F.

[69 FR 8096, Feb. 23, 2004]



Sec. 301.89-14  [Reserved]



Sec. 301.89-15  Compensation for growers, handlers, and seed companies in the 1999-2000 and subsequent crop seasons.

    Growers, handlers, and seed companies are eligible to receive 
compensation from the United States Department of Agriculture (USDA) for 
the 1999-2000 and subsequent crop seasons to mitigate losses or expenses 
incurred because of the Karnal bunt regulations and emergency actions, 
as follows:
    (a) Growers, handlers, and seed companies in areas under first 
regulated crop season. Growers, handlers, and seed companies are 
eligible to receive compensation for the loss in value of their wheat in 
accordance with paragraphs (a)(1) and (a)(2) of this section if: The 
wheat was grown in a State where the Secretary has declared an 
extraordinary emergency; and the wheat was grown in an area of that 
State that became regulated for Karnal bunt after the crop was planted, 
or for which an Emergency Action Notification (PPQ Form 523) was issued 
after the crop was planted; and the wheat was grown in an area that 
remained regulated or under Emergency Action Notification at the time 
the wheat was sold. Growers and handlers of wheat grown in Oklahoma 
during the 2000-2001 growing season are eligible to receive compensation 
if the wheat was commingled in storage with wheat that meets the above 
requirements of this paragraph. Growers, handlers, and seed companies in 
areas under the first regulated crop season are eligible for 
compensation for 1999-2000 or subsequent crop season wheat and for wheat 
inventories in their possession that were unsold at the time the area 
became regulated. The compensation provided in this paragraph is for 
wheat grain, certified wheat seed, wheat held back from harvest by a 
grower in the 2000-2001 growing season for use as seed in the next 
growing season, and wheat grown with the intention of producing 
certified wheat seed.
    (1) Growers. Growers of wheat in an area under the first regulated 
crop season, who sell wheat that was tested by APHIS and found positive 
for Karnal bunt prior to sale, or that was tested by APHIS and found 
positive for Karnal bunt after sale and the price received by the grower 
is contingent on the test results, are eligible to receive compensation 
as described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. 
However, compensation for positive-testing wheat will not exceed $1.80 
per bushel under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract before the area where the wheat was grown became 
regulated, compensation will equal the contract price minus the actual 
price received by the grower.
    (ii) If the wheat was not grown under contract or a price was 
determined in the contract after the area where the wheat was grown 
became regulated, compensation will equal the estimated market price for 
the relevant class of wheat (meaning type of wheat, such as durum or 
hard red winter) minus the actual price received by the grower. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) during the harvest months for 
the area, with adjustments for transportation and other handling costs. 
Separate estimated market prices will be calculated for certified wheat 
seed and wheat

[[Page 135]]

grown with the intention of producing certified wheat seed, and wheat 
grain.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in an area under the first regulated crop season are 
eligible to receive compensation only if the wheat was not tested by 
APHIS prior to purchase by the handler or seed company, but was tested 
by APHIS and found positive for Karnal bunt after purchase by the 
handler or seed company, as long as the price to be paid is not 
contingent on the test results. Compensation will equal the estimated 
market price for the relevant class of wheat (meaning type of wheat, 
such as durum or hard red winter) minus the actual price received by the 
handler or seed company. The estimated market price will be calculated 
by APHIS for each class of wheat, taking into account the prices offered 
by relevant terminal markets (animal feed, milling, or export) during 
the harvest months for the area, with adjustments for transportation and 
other handling costs. Separate estimated market prices will be 
calculated for certified wheat seed and wheat grown with the intention 
of producing certified wheat seed, and wheat grain. However, 
compensation will not exceed $1.80 per bushel under any circumstances.
    (b) Growers, handlers, and seed companies in previously regulated 
areas. For the 1999-2000 crop season and the 2000-2001 crop season only, 
growers, handlers, and seed companies are eligible to receive 
compensation for the loss in value of their wheat in accordance with 
paragraphs (b)(1) and (b)(2) of this section if: The wheat was grown in 
a State where the Secretary has declared an extraordinary emergency; and 
the wheat was grown in an area of that State that became regulated for 
Karnal bunt before the crop was planted, or for which an Emergency 
Action Notification (PPQ Form 523) was issued before the crop was 
planted; and the wheat was grown in an area that remained regulated or 
under Emergency Action Notification at the time the wheat was sold. 
Growers, handlers, and seed companies in previously regulated areas will 
not be eligible for compensation for wheat from the 2001-2002 and 
subsequent crop seasons; except that, for growers or handlers of wheat 
harvested in any field in the Texas counties of Archer, Baylor, 
Throckmorton, and Young during the 2000-2001 crop season that has not 
been found to contain a bunted wheat kernel, this requirement applies to 
compensation for wheat from the 2002-2003 and subsequent crop seasons. 
The compensation provided in this paragraph is for wheat grain, 
certified wheat seed, and wheat grown with the intention of producing 
certified wheat seed.
    (1) Growers. Growers of wheat in a previously regulated area who 
sell wheat that was tested by APHIS and found positive for Karnal bunt 
prior to sale, or that was tested by APHIS and found positive for Karnal 
bunt after sale and the price received by the grower is contingent on 
the test results, are eligible to receive compensation at the rate of 
$.60 per bushel of positive testing wheat.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in a previously regulated area are eligible to receive 
compensation only if the wheat was not tested by APHIS prior to purchase 
by the handler, but was tested by APHIS and found positive for Karnal 
bunt after purchase by the handler or seed company, as long as the price 
to be paid by the handler or seed company is not contingent on the test 
results. Compensation will be at the rate of $.60 per bushel of positive 
testing wheat.
    (c) To claim compensation. Compensation payments to growers, 
handlers, and seed companies under paragraphs (a) and (b) of this 
section will be issued by the Farm Service Agency (FSA). Claims for 
compensation for the 1999-2000 crop season must be received by FSA on or 
before December 4, 2001. Claims for compensation for subsequent crop 
seasons must be received by FSA on or before March 1 of the year 
following that crop season. The Administrator may extend the deadline, 
upon request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates. To claim compensation, a grower, 
handler, or seed company must complete and submit to the local FSA 
county office the following documents:

[[Page 136]]

    (1) Growers, handlers, and seed companies. A grower, handler, or 
seed company must submit a Karnal Bunt Compensation Claim form, provided 
by FSA. If the wheat was grown in an area that is not a regulated area, 
but for which an Emergency Action Notification (PPQ Form 523) (EAN) has 
been issued, the grower, handler, or seed company must submit a copy of 
the EAN. Growers, handlers, and seed companies must also submit a copy 
of the Karnal bunt certificate issued by APHIS that shows the Karnal 
bunt test results, and verification as to the actual (not estimated) 
weight of the wheat that tested positive (such as a copy of a facility 
weigh ticket, or other verification). For compensation claims for wheat 
seed, a grower or seed company must submit documentation showing that 
the wheat is either certified seed or was grown with the intention of 
producing certified seed (this documentation may include one or more of 
the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (2) Growers. In addition to the documents required in paragraph 
(c)(1) of this section, growers must submit a copy of the receipt for 
the final sale of the wheat, showing the total bushels sold and the 
total price received by the grower. Growers compensated under paragraph 
(b)(1) of this section (previously regulated areas) whose wheat was not 
tested prior to sale must submit documentation showing that the price 
paid to the grower was contingent on test results (such as a copy of the 
receipt for the final sale of the wheat or a copy of the contract the 
grower has for the wheat, if this information appears on those 
documents).
    (3) Handlers and seed companies. In addition to the documents 
required in paragraph (c)(1) of this section, handlers and seed 
companies must submit a copy of the receipt for the final sale of the 
wheat, showing the total bushels sold and the total price received by 
the handler or seed company. The handler or seed company must also 
submit documentation showing that the price paid or to be paid to the 
grower is not contingent on the test results (such as a copy of the 
receipt for the purchase of the wheat or a copy of the contract the 
handler or seed company has with the grower, if this information appears 
on those documents).
    (d) Special allowance for negative wheat grown in Archer, Baylor, 
Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. 
Notwithstanding any other provision of this section, wheat that was 
harvested from fields in Archer, Baylor, Throckmorton, or Young 
Counties, TX, in the 2000-2001 growing season, and that tested negative 
for Karnal bunt after harvest, is eligible for compensation in 
accordance with paragraph (a) of this section.
    (e) Special allowance for disposal costs for treated uncertified 
wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in 
the 2000-2001 growing season. Notwithstanding any other provision of 
this section, growers in Archer, Baylor, Throckmorton, or Young 
Counties, TX, who own treated uncertified wheat seed that tested 
positive for Karnal bunt spores during the 2000-2001 growing season are 
eligible for compensation in accordance with this paragraph. The grower 
is eligible for compensation for the costs of disposing of such wheat 
seed, by burial on the grower's premises, by burial at a landfill, or 
through another means approved by APHIS. The compensation for disposing 
of wheat seed by burial on the grower's premises is $1.00 per bushel. 
The compensation for disposing of wheat seed by burial at a landfill, or 
through another means approved by APHIS, is the actual cost of disposal, 
up to $1.20 per bushel, as verified by receipts for disposal costs. To 
apply for this compensation, the grower must submit a Karnal Bunt 
Compensation Claim form, provided by FSA, and must also submit a copy of 
the Karnal bunt certificate issued by APHIS that shows the Karnal bunt 
test results, and verification as to the actual (not estimated) weight 
of the uncertified wheat seed that tested positive for spores

[[Page 137]]

(such as a copy of a facility weigh ticket, or other verification). For 
seed disposed of by burial at a landfill the grower must also submit one 
or more receipts for the disposal costs of the uncertified wheat seed, 
showing the total bushels destroyed and the total disposal costs 
(landfill fees, transportation costs, etc.).

[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002]



Sec. 301.89-16  Compensation for grain storage facilities, flour millers, National Survey participants, and certain custom harvesters and equipment owners or 
          lessees for the 1999-2000 and subsequent crop seasons.

    Owners of grain storage facilities, flour millers, and participants 
in the National Karnal Bunt Survey are eligible to receive compensation 
from the United States Department of Agriculture (USDA) for the 1999-
2000and subsequent crop seasons to mitigate losses or expenses incurred 
because of the Karnal bunt regulations and emergency actions, as 
follows:
    (a) Decontamination of grain storage facilities. Owners of grain 
storage facilities that are in States where the Secretary has declared 
an extraordinary emergency, and who have decontaminated their grain 
storage facilities pursuant to either an Emergency Action Notification 
(PPQ Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facilities, are eligible to be 
compensated, on a one time only basis for each facility for each covered 
crop year wheat, for up to 50 percent of the direct cost of 
decontamination. However, compensation will not exceed $20,000 per grain 
storage facility (as defined in Sec. 301.89-1). General clean-up, 
repair, and refurbishment costs are excluded from compensation. 
Compensation payments will be issued by APHIS. To claim compensation, 
the owner of the grain storage facility must submit to an inspector 
records demonstrating that decontamination was performed on all 
structures, conveyances, or materials ordered by APHIS to be 
decontaminated. The records must include a copy of the Emergency Action 
Notification or the letter from an inspector ordering decontamination, 
contracts with individuals or companies hired to perform the 
decontamination, receipts for equipment and materials purchased to 
perform the decontamination, time sheets for employees of the grain 
storage facility who performed activities connected to the 
decontamination, and any other documentation that helps show the cost to 
the owner and that decontamination has been completed. Claims for 
compensation for the 1999-2000 crop season must be received by APHIS on 
or before December 4, 2001. Claims for compensation for the 2000-2001 
crop season and beyond must be received by March 1 of the year following 
that crop season. The Administrator may extend these deadlines upon 
written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.
    (b) Flour millers. Flour millers who, in accordance with a 
compliance agreement with APHIS, heat treat millfeed that is required by 
APHIS to be heat treated are eligible to be compensated at the rate of 
$35.00 per short ton of millfeed. The amount of millfeed compensated 
will be calculated by multiplying the weight of wheat from the regulated 
area received by the miller by 25 percent (the average percent of 
millfeed derived from a short ton of grain). Compensation payments will 
be issued by APHIS. To claim compensation, the miller must submit to an 
inspector verification as to the actual (not estimated) weight of the 
wheat (such as a copy of a facility weigh ticket or a copy of the bill 
of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Flour millers must also submit 
verification that the millfeed was heat treated (such as a copy of the 
limited permit under which the wheat was moved to a treatment facility 
and a copy of the bill of lading accompanying that movement; or a copy 
of PPQ Form 700 (which includes certification of processing) signed by 
the inspector who monitors the mill). Claims for compensation for the 
1999-2000 crop season must be received by APHIS on or before December 4, 
2001. Claims for compensation for the 2000-2001 crop

[[Page 138]]

season and beyond must be received by March 1 of the year following that 
crop season. The Administrator may extend these deadlines upon written 
request in specific cases, when unusual and unforeseen circumstances 
occur that prevent or hinder a claimant from requesting compensation on 
or before these dates.
    (c) National Karnal Bunt Survey participants. If a grain storage 
facility participating in the National Karnal Bunt Survey tests positive 
for Karnal bunt, the facility will be regulated, and may be ordered 
decontaminated, pursuant to either an Emergency Action Notification (PPQ 
Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facility. If the Secretary has declared 
an extraordinary emergency in the State in which the grain storage 
facility is located, the owner will be eligible for compensation as 
follows:
    (1) Loss in value of positive wheat. The owner of the grain storage 
facility will be compensated for the loss in value of positive wheat. 
Compensation will equal the estimated market price for the relevant 
class of wheat minus the actual price received for the wheat. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) during the relevant time 
period for that facility, with adjustments for transportation and other 
handling costs. However, compensation will not exceed $1.80 per bushel 
under any circumstances. Compensation payments for loss in value of 
wheat will be issued by the Farm Service Agency (FSA). To claim 
compensation, the owner of the facility must submit to the local FSA 
office a Karnal Bunt Compensation Claim form, provided by FSA. The owner 
of the facility must also submit to FSA a copy of the Emergency Action 
Notification or letter from an inspector under which the facility is or 
was quarantined; verification as to the actual (not estimated) weight of 
the wheat (such as a copy of a facility weigh ticket or a copy of the 
bill of lading for the wheat, if the actual weight appears on those 
documents, or other verification); and a copy of the receipt for the 
final sale of the wheat, showing the total bushels sold and the total 
price received by the owner of the grain storage facility. Claims for 
compensation for the 1999-2000 crop season must be received by APHIS on 
or before December 4, 2001. Claims for compensation for the 2000-2001 
crop season and beyond must be received by March 1 of the year following 
that crop season. The Administrator may extend these deadlines upon 
written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.
    (2) Decontamination of grain storage facilities. The owner of the 
facility will be compensated on a one time only basis for each grain 
storage facility for each covered crop year wheat for the direct costs 
of decontamination of the facility at the same rate described under 
paragraph (a) of this section (up to 50 per cent of the direct costs of 
decontamination, not to exceed $20,000 per grain storage facility). 
Compensation payments for decontamination of grain storage facilities 
will be issued by APHIS, and claims for compensation must be submitted 
in accordance with the provisions in paragraph (a) of this section. 
Claims for compensation for the 1999-2000 crop season must be received 
by APHIS on or before December 4, 2001. Claims for compensation for the 
2000-2001 crop season and beyond must be received by March 1 of the year 
following that crop season. The Administrator may extend these deadlines 
upon written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.
    (d) Special allowances for custom harvesters and equipment owners or 
lessees for costs related to cleaning and disinfection of mechanized 
harvesting and other equipment in Archer, Baylor, Throckmorton, and 
Young Counties, TX, in the 2000-2001 crop season. All claims for 
compensation under this paragraph Sec. 301.89-16(d) must be received by 
APHIS on or before September 6, 2005. The Administrator may extend this

[[Page 139]]

deadline upon written request in specific cases, when unusual and 
unforeseen circumstances occur that prevent or hinder a claimant from 
requesting compensation on or before this date. All compensation 
payments made under this paragraph Sec. 301.89-16(d) will be issued by 
APHIS. Claims for compensation should be sent to Plant Protection and 
Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374.
    (1) Custom harvesters. (i) Cleaning and disinfection of mechanized 
harvesting equipment. Custom harvesters who harvested host crops that an 
inspector determined to be infected with Karnal bunt and that were grown 
in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000-
2001 crop season are eligible to receive compensation for the cost of 
cleaning and disinfecting their mechanized harvesting equipment as 
required by Sec. 301.89-12(a). Compensation for the cost of cleaning 
and disinfection mechanized harvesting equipment used to harvest Karnal 
bunt-infected host crops will be either the actual cost or $750 per 
cleaned machine, whichever is less. To claim compensation, a custom 
harvester must provide copies of a contract or other signed agreement 
for harvesting in Archer, Baylor, Throckmorton, or Young County during 
the 2000-2001 crop season, signed on a date prior to the designation of 
the county as a regulated area for Karnal bunt, or an affidavit stating 
that the custom harvester entered into an agreement to harvest in 
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop 
season prior to the designation of the county as a regulated area for 
Karnal bunt, signed by the customer with whom the custom harvester 
entered into the agreement; a copy of the PPQ-540 certificate issued to 
allow the movement of mechanized harvesting equipment from a regulated 
area after it had been used to harvest host crops that an inspector 
determined to be infected with Karnal bunt and had been subsequently 
cleaned and disinfected; and a receipt showing the cost of the cleaning 
and disinfection.
    (ii) Contracts lost due to cleaning and disinfection. Custom 
harvesters who harvested host crops that an inspector determined to be 
infected with Karnal bunt and that were grown in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
are also eligible to be compensated for the revenue lost if they lost 
one contract due to downtime necessitated by cleaning and disinfection, 
if the contract to harvest Karnal bunt-infected host crops in a 
previously nonregulated area was signed before the area was declared a 
regulated area for Karnal bunt. Compensation will only be provided for 
one contract lost due to cleaning and disinfection. Compensation for any 
contract that was lost due to cleaning and disinfection will be either 
the full value of the contract or $23.48 for each acre that was to have 
been harvested under the contract, whichever is less. To claim 
compensation, a custom harvester must provide copies of a contract or 
other signed agreement for harvesting in Archer, Baylor, Throckmorton, 
or Young County during the 2000-2001 crop season, signed on a date prior 
to the designation of the county as a regulated area for Karnal bunt, or 
an affidavit stating that the custom harvester entered into an agreement 
to harvest in Archer, Baylor, Throckmorton, or Young County during the 
2000-2001 crop season prior to the designation of the county as a 
regulated area for Karnal bunt, signed by the customer with whom the 
custom harvester entered into the agreement; a copy of the PPQ-540 
certificate issued to allow the movement of mechanized harvesting 
equipment from a regulated area after it has been used to harvest host 
crops that an inspector determined to be infected with Karnal bunt and 
had been subsequently cleaned and disinfected; and the contract for 
harvesting in an area not regulated for Karnal bunt that had been lost 
due to time lost to cleaning and disinfecting harvesting equipment, 
signed on a date prior to the designation of the relevant county as a 
regulated area for Karnal bunt, for which the custom harvester will 
receive compensation, or an affidavit stating that the custom harvester 
entered into an agreement to harvest in an area not regulated for Karnal 
bunt prior to the designation of the county as a regulated area for 
Karnal bunt and stating the number of acres that were to have

[[Page 140]]

been harvested and the amount the custom harvester was to have been paid 
under the agreement, signed by the customer with whom the custom 
harvester entered into the agreement.
    (iii) Fixed costs incurred during cleaning and disinfection. Custom 
harvesters who harvested host crops that an inspector determined to be 
infected with Karnal bunt and that were grown in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
who do not apply for compensation for a contract lost due to cleaning 
and disinfection as described in paragraph (d)(1)(ii) of this section 
are eligible for compensation for fixed costs incurred during cleaning 
and disinfection. Compensation for fixed costs incurred during cleaning 
and disinfection will be $2,000. To claim compensation, a custom 
harvester must provide copies of a contract or other signed agreement 
for harvesting in Archer, Baylor, Throckmorton, or Young County during 
the 2000-2001 crop season, signed on a date prior to the designation of 
the county as a regulated area for Karnal bunt, or an affidavit stating 
that the custom harvester entered into an agreement to harvest in 
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop 
season prior to the designation of the county as a regulated area for 
Karnal bunt, signed by the customer with whom the custom harvester 
entered into the agreement; and a copy of the PPQ-540 certificate issued 
to allow the movement of mechanized harvesting equipment from a 
regulated area after it has been used to harvest host crops that an 
inspector determined to be infected with Karnal bunt and has been 
subsequently cleaned and disinfected.
    (2) Other equipment; cleaning and disinfection. Owners or lessees of 
equipment other than mechanized harvesting equipment and seed 
conditioning equipment that came into contact with host crops that an 
inspector determined to be infected with Karnal bunt in Archer, Baylor, 
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season 
and that was required by an inspector to be cleaned and disinfected are 
eligible for compensation for the cost of cleaning and disinfection. 
Compensation for the cleaning and disinfection of such equipment will be 
$100. To receive this compensation, owners or lessees must submit a copy 
of the PPQ-540 certificate issued to allow the movement of the equipment 
from a regulated area after it had been in contact with host crops that 
an inspector determined to be infected with Karnal bunt and had been 
subsequently cleaned and disinfected.

(Approved by the Office of Management and Budget under control number 
0579-0248.)

[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July 
8, 2004; 70 FR 24302, May 9, 2005]

Subpart--Corn Cyst Nematode [Reserved]



                      Subpart_European Larch Canker

    Source: 49 FR 18992, May 4, 1984, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.91  Quarantine and regulations; restrictions on interstate movement of regulated articles.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (a) Quarantines and regulations. The secretary of agriculture hereby 
quarantines the State of Maine in order to prevent the artificial spread 
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous 
plant disease of trees of the Larix and Pseudolarix species not hereto 
fore widely prevalent or distributed within and throughout the United 
States; and hereby establishes regulations governing the interstate 
movement of regulated articles specified in Sec. 301.91-2
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move interstate from any regulated 
area any regulated

[[Page 141]]

article except in accordance with the conditions prescribed in this 
subpart.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.91-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.91-5(a).
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service for Plant Protection and Quarantine, or 
any officer or employee of the Department to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    European larch canker. The plant disease known as European larch 
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
    Infestation. The presence of European larch canker or the existence 
of circumstances that make it reasonable to believe that the European 
larch canker is present.
    Inspector. Any employee of Plant Protection and Quarantine, Animal 
and Plant Health Inspection Service, U.S. Department of Agriculture, or 
other person, authorized by the Deputy Administrator in accordance with 
law to enforce the provisions of the quarantines and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that such regulated article is eligible for 
interstate movement in accordance with Sec. 301.91-5(b).
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved or caused to be 
moved by any means. ``Movement'' and ``move'' shall be construed 
accordingly.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any State, or any portion thereof, listed in Sec. 
301.91-3(c) or otherwise designated as a regulated area in accordance 
with Sec. 301.91-3(b).
    Regulated article. Any article listed in Sec. 301.91-2(a) or 
otherwise designated as a regulated article in accordance with Sec. 
301.91-2(b).
    State. Each of the several States of the United States, the District 
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin 
Islands of the United States and all other Territories and Possessions 
of the United States.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.91-2  Regulated articles.

    The following are regulated articles:
    (a) Logs, pulpwood, branches, twigs, plants, scion and other 
propagative material of the Larix or Pseudolarix spp. except seeds;
    (b) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
European larch canker and the person in possession thereof has actual 
notice that the product, article or means of conveyance is subject to 
the restrictions in the quarantine and regulations.

[[Page 142]]



Sec. 301.91-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, the State, or any portion thereof, in which European 
larch canker has been found by an inspector or in which the Deputy 
Administrator has reason to believe that European larch canker is 
present, or any portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to a 
European larch canker infestation or its inseparability for quarantine 
enforcement purpose from localities in which European larch canker 
occurs. Less than an entire quarantined State will be designated as a 
regulated area only if the Deputy Administrator determines that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artifical interstate 
spread of European larch canker.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such area. Written notice of such designation shall 
be given to the owner or person in possession of such nonregulated area, 
and, thereafter, the interstate movement of any regulated article from 
such area shall be subject to the applicable provisions of this subpart. 
As soon as practicable, such area shall be added to the list in 
paragraph (c) of this section or such designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas:

                                  Maine

    Hancock County. The entire townships of Gouldsboro, Serrento, 
Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division, 
10th Southern Division, and 16th Middle Division.
    Knox County. The entire townships of Appleton, Camden, Cushing, 
Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston, 
St. George, Thomaston, Union, Warren, and Washington.
    Lincoln County. The entire townships of Alna, Boothbay Harbor, 
Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, 
Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.
    Waldo County. The entire townships of Lincolnville and Searsmont.
    Washington County. The entire townships of Addison, Baring, Beals, 
Calais City, Centerville, Charolotte, Cherryfield, Columbia, Columbia 
Falls, Cooper, Cutler, Debolis, Dennysville, East Machias, Eastport, 
Edmunds, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, 
Marion, Marshfield, Meddybemps, Milbridge, Northfield, Plantation 14, 
Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, Trescott, Whiting, 
Whitneyville, 18th Eastern Division, 18th Middle Division, and 19th 
Middle Division.

[49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50 
FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985]



Sec. 301.91-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.\2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State only if moved under the following 
conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec. 301.91-5 and 301.91-8 of this subpart; or
    (b) Without a certificate or limited permit;
    (1) If moved to a contiguous regulated area; or
    (2)(i) If moved directly through (moved without stopping except 
under normal traffic conditions such as traffic lights or stop signs) 
any regulated area in an enclosed vehicle or in an enclosed container on 
a vehicle to prevent the introduction of European larch canker;

[[Page 143]]

    (ii) If the article originated outside of any regulated area; and
    (iii) If the point of origin of any article is clearly indicated by 
shipping documents and its identity has been maintained.



Sec. 301.91-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1)(i) Determines based on inspection of the premises of origin that 
the premises are free from European larch canker; or
    (ii) Determines that it has been grown, processed, stored, or 
handled in such a manner that the regulated article is free of European 
larch canker; and
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; and
---------------------------------------------------------------------------

    \3\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to such article.
    (b) A limited permit shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved to a specified destination for specified handling, 
utilization, or processing (such destination and other conditions to be 
specified on the limited permit), when, upon evaluation of all of the 
circumstances involved in each case, it is determined that such movement 
will not result in the spread of European larch canker because the 
disease will be destroyed by such specified handling, utilization, or 
processing;
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines and regulations applicable to such 
article.
    (c) Certificates and limited permits may be issued by any person 
engaged in the business of growing, handling, or moving regulated 
articles provided such person has entered into and is operating under a 
compliance agreement. Any such person may execute and issue a 
certificate or limited permit for the interstate movement of a regulated 
article if an inspector has previously made the determination that the 
article is eligible for a certificate in accordance with Sec. 301.91-
5(a) or is eligible for a limited permit in accordance with Sec. 
301.91-5(b).
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if such inspector determines 
that the holder thereof has not complied with any conditions under the 
regulations for the use of such document. The reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances permit. Any 
person whose certificate or limited permit has been withdrawn may appeal 
the decision in writing to the Deputy Administrator within ten (10) days 
after receiving the written notification of the withdrawal. The appeal 
shall state all of the facts and reasons upon which the person relies to 
show that the certificate or limited permit was wrongfully withdrawn. 
The Deputy Administrator shall grant or deny the appeal, in witing, 
stating the reasons for such decision, as promptly as circmstances 
permit. If there is a conflict as to any material fact, a hearing shall 
be held to resolve such conflict. Rules of Practice concerning such a 
hearing will be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]

[[Page 144]]



Sec. 301.91-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \4\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, wherein 
the person agrees to comply with the provisions of this subpart and any 
conditions imposed pursuant thereto.
---------------------------------------------------------------------------

    \4\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefor shall 
be confirmed in writing, as promptly as circumstances permit. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, to the Deputy Administrator within ten (10) days after 
receiving written notification of the cancellation. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for such decision, as promptly as circumstances permit. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict. Rules of Practice concerning such a hearing will 
be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.91-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.91-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement), request an inspector \5\ to take any 
necessary action under this subpart prior to movement of the regulated 
article.
---------------------------------------------------------------------------

    \5\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (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]



Sec. 301.91-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the containers containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; Provided, however, That 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping documents only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify such article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.

[[Page 145]]



Sec. 301.91-9  Costs and charges.

    The services of the inspector shall be furnished without cost, 
except as provided in 7 CFR part 354. The U.S. Department of Agriculture 
will not be responsible for any costs or charges incident to inspections 
or compliance with the provisions of the quarantine and regulations in 
this subpart, other than for the services of the inspector.



                      Subpart_Phytophthora Ramorum

    Source: 72 FR 8597, Feb. 27, 2007, unless otherwise noted.



Sec. 301.92  Restrictions on interstate movement.

    (a) No person may move interstate from any quarantined area any 
regulated, restricted, or associated article or any other nursery stock 
except in accordance with this subpart. \1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, quarantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated or restricted articles as provided in sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (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 chapter.



Sec. 301.92-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Associated article. Any article listed in Sec. 301.92-2(c).
    Bark chips. Bark fragments broken or shredded from a log or tree.
    Certificate. A document, stamp, or imprint by which an inspector or 
person operating under a compliance agreement 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 person 
engaged in growing, processing, handling, or moving regulated or 
associated articles, wherein the person agrees to comply with this 
subpart.
    Duff. Decaying plant matter that includes leaf litter, green waste, 
stem material, bark, and any other plant material that, upon visual 
inspection, does not appear to have completely decomposed.
    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.
    Growing media. Any material in which plant roots are growing or 
intended for that purpose.
    Inspector. Any employee of APHIS, the U.S. Department of 
Agriculture, or other person authorized by the Administrator to perform 
the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Log. The bole of a tree; trimmed timber 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 
members such as beams.

[[Page 146]]

    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a 
mixture thereof, that could be used as a protective or decorative ground 
cover or as part of a growing media mixture.
    Non-host nursery stock. Any taxa of nursery stock not listed in 
Sec. 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 nursery 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 material that is grown in a nursery, and tree seedlings for 
reforestation, except the following: Seeds; turf or sod; bulbs, tubers, 
corms, or rhizomes; \2\ greenhouse grown cactus, succulents, and 
orchids; 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.
---------------------------------------------------------------------------

    \2\ Bulbs, tubers, corms, or rhizomes are only considered nursery 
stock (and therefore, regulated under this subpart) if they are of plant 
taxa listed in Sec. 301.92-2 as regulated articles or associated 
articles.
---------------------------------------------------------------------------

    Permit. A written authorization issued by APHIS to allow the 
interstate 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 
program of the Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.92-3(a)(3) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.92-3(a)(2) of this 
subpart.
    Regulated area. Any area listed in Sec. 301.92-3(b) of this 
subpart.
    Regulated article. Any article listed in Sec. 301.92-2(b) of this 
subpart.
    Restricted article. Any article listed in Sec. 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, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 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.
---------------------------------------------------------------------------

    \3\ Bark chips or mulch of species listed in paragraph (d) of this 
section and that are marked with an asterisk (*) are not restricted 
articles.
---------------------------------------------------------------------------

    (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 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, including firewood, logs, 
lumber,\4\ wreaths, garlands, and greenery of proven host plant taxa 
listed in paragraph (d) of this section.
---------------------------------------------------------------------------

    \4\ Firewood, logs, and lumber of species listed in paragraph (d) of 
this section and that are marked with an asterisk (*) are not regulated 
articles.
---------------------------------------------------------------------------

    (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

[[Page 147]]

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 paragraph (e) of this 
section.
    (d) Proven host plant taxa. The following 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 ([equiv]Rhamnus californica) California 
coffeeberry
*Frangula purshiana ([equiv]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, hybrids, 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 laurel, pepperwood, Oregon 
myrtle
*Vaccinium ovatum Evergreen huckleberry
*Viburnum spp. Viburnum-all species, hybrids, and cultivars

    (e) Associated plant taxa. The following 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 x Cornus capitata Cornus Norman 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 x intermedia (H. mollis & H. japonica) Hybrid witchhazel
Ilex purpurea Oriental holly
Leucothoe axillaris Fetter-bush, dog hobble
Leucothoe fontanesiana Drooping leucothoe
Loropetalum chinense Lorapetalum
Magnolia grandiflora Southern magnolia
Magnolia stellata Star magnolia
Magnolia x loebneri Loebner magnolia
Magnolia x soulangeana Saucer magnolia
Manglietia insignis Red lotus tree
Michelia maudiae Michelia
Michelia wilsonii Michelia
Nerium oleander Oleander
Nothofagus obliqua Roble beech
Osmanthus decorus ([equiv]Phillyrea decora; [equiv]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

[[Page 148]]

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 x media Yew
Torreya californica California nutmeg
Toxicodendron diversilobum Poison oak
Vancouveria planipetala Redwood ivy



Sec. 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 confirmed by an 
inspector to be established in the natural environment, in which the 
Administrator has reason to believe that Phytophthora ramorum is present 
in the natural environment, or that the Administrator considers 
necessary to quarantine because of its inseparability for quarantine 
enforcement 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 Administrator determines 
that:
    (i) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated, restricted, and associated 
articles that are substantially the same as those imposed by this 
subpart on the interstate movement of regulated, restricted, and 
associated articles; and
    (ii) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of Phytophthora ramorum.
    (2) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a)(1) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated, restricted, 
or associated article from an area temporarily designated as a 
quarantined area will be subject to this subpart. As soon as 
practicable, this area will be added to the list in paragraph (a)(3) of 
this section or the designation will be terminated by the Administrator 
or an inspector. The owner or person in possession of an area for which 
designation is terminated will be given notice of the termination as 
soon as practicable.
    (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 quarter 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. 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 paragraph (a) of this 
section as quarantined areas.

                                 Oregon

    All areas in the State not listed in paragraph (a) of this section 
as quarantined areas.

                               Washington

    The entire State.

[[Page 149]]



Sec. 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 articles may be moved 
interstate from a quarantined area \5\ only in accordance with this 
subpart.
---------------------------------------------------------------------------

    \5\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (1) With a certificate. Any regulated or associated article may be 
moved interstate from a quarantined area if accompanied by a certificate 
issued and attached in accordance with Sec. Sec. 301.92-5 and 301.92-8, 
and provided that the regulated or associated article is moved through 
the quarantined area without stopping except for refueling, rest stops, 
emergency repairs, and for traffic conditions, such as traffic lights or 
stop signs.
    (2) Without a certificate.
    (i) The regulated or associated article originated outside the 
quarantined area and the point of origin of the article is indicated on 
the waybill of the vehicle transporting the article; and
    (ii) The regulated or associated article is moved from outside the 
quarantined area through the quarantined area without stopping except 
for refueling or for traffic conditions, such as traffic lights or stop 
signs, and the article is not unpacked or unloaded in the quarantined 
area.
    (b) Interstate movement of restricted articles from quarantined 
areas. Restricted articles may be moved interstate from a quarantined 
area \6\ only in accordance with this section.
---------------------------------------------------------------------------

    \6\ See footnote 4 of this subpart.
---------------------------------------------------------------------------

    (1) With a permit. Any restricted article 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 quarantined 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 unpacked 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 accordance with paragraph (a) of this section.
    (2) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec. 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 nursery in a quarantined area that contains regulated or 
associated articles, the nursery stock must be accompanied by a 
certificate issued and attached in accordance with Sec. Sec. 301.92-5 
and 301.92-8, and be moved through the quarantined area without stopping 
except for refueling, rest stops, emergency repairs, and for traffic 
conditions, such as traffic lights or stop signs.
    (ii) Without a certificate. If the non-host nursery stock originates 
from a nursery in a quarantined area that does not contain regulated or 
associated articles, the nursery stock may be 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 Sec. 
301.92-11(b)(3), and
    (B) The nursery stock is not rooted in soil or growing media.\7\
---------------------------------------------------------------------------

    \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 requirements of Sec. 301.92-
5(a)(1)(iii).
---------------------------------------------------------------------------

    (d) Interstate movement of nursery stock from nurseries in regulated 
areas--(1) Regulated and associated articles of nursery stock. Regulated 
articles of nursery stock and associated articles may only

[[Page 150]]

be moved interstate from nurseries in regulated areas if accompanied by 
a certificate issued and attached in accordance with Sec. Sec. 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 
traffic conditions, such as traffic lights or stop signs.
    (2) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec. 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 nursery stock originates from a 
nursery in a regulated area that contains regulated or associated 
articles, the nursery stock must be accompanied by a certificate issued 
and attached in accordance with Sec. Sec. 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 
traffic conditions, such as traffic lights or stop signs.
    (ii) Without a certificate. If non-host nursery stock originates 
from a nursery in a regulated area that does not contain regulated or 
associated articles, the nursery stock may be moved interstate without a 
certificate, provided that the nursery from which plants originate has 
been inspected and found free of evidence of Phytophthora ramorum in 
accordance with Sec. 301.92-11(d)(3).



Sec. 301.92-5  Issuance and cancellation of certificates.

    (a) Movements from quarantined areas. (1) An inspector \8\ may issue 
a certificate for the interstate movement of regulated articles, 
associated articles, or non-host nursery stock \9\ from a quarantined 
area if the inspector determines that:
---------------------------------------------------------------------------

    \8\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Invasive Species and Pest 
Management, 4700 River Road Unit 160, Riverdale, MD 20737, or the APHIS 
Web site at http://www.aphis.usda.gov/ppq/sphd/.
    \9\ Paragraph (d)(2)(ii) of Sec. 301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The regulated articles have been treated under the direction of 
an inspector in accordance with Sec. 301.92-10 or part 305 of this 
chapter; or
    (ii) The regulated articles are wood products such as firewood, 
logs, or lumber that are free of bark; \10\ or
---------------------------------------------------------------------------

    \10\ Firewood, logs, lumber of species listed in 301.92-2(d) and 
marked with an asterisk are not regulated articles, as noted in Sec. 
301.92-2(b)(1).
---------------------------------------------------------------------------

    (iii) The regulated article is soil or growing media that has not 
been in direct physical contact with any article infected with 
Phytophthora ramorum, and from which all duff has been removed; 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 
inspected in accordance with the inspection and sampling protocol 
described in Sec. 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, wreaths, garlands, or greenery that has been inspected 
prior to interstate movement in accordance with Sec. 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 regulated and associated articles 
and non-host nursery stock not inspected between the time of the 
inspection and the time of interstate movement; and
    (D) Have not been grown in, or moved from, other areas within a 
quarantined area except nurseries that are annually inspected for 
Phytophthora ramorum in accordance with Sec. 301.92-11 and that have 
been found free of evidence of

[[Page 151]]

Phytophthora ramorum infestation, except that certified nurseries which 
receive 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, segregated, and withheld 
from interstate movement until the plants are inspected and tested and 
found free of evidence of Phytophthora ramorum.
    (v) The regulated or associated article or non-host nursery stock 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) \11\ to prevent the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \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 
infested with a plant pest at the time of movement.
---------------------------------------------------------------------------

    (vi) The regulated or associated article or non-host nursery stock 
is eligible for unrestricted movement under all other Federal domestic 
plant quarantines 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 regulated articles of 
nursery stock, associated articles, or non-host nursery stock \13\ from 
a nursery in a regulated area if an inspector determines that:
---------------------------------------------------------------------------

    \12\ See footnote 7 of this subpart.
    \13\ Paragraph (d)(2)(ii) of Sec. 301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The nursery from which the nursery stock originates has been 
inspected in accordance with Sec. 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 Sec. 301.92-11(c) and that have 
been found free of evidence of Phytophthora ramorum infestation, except 
that certified nurseries which receive 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, 
segregated, and withheld from interstate movement until the plants are 
inspected 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 Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) \14\ to prevent 
the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \14\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (iv) The nursery stock is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the nursery stock.
    (2) [Reserved]
    (c) Certificates issued under paragraphs (a) and (b) of this section 
may be issued by any person engaged in the business of growing, 
processing, handling, or moving regulated or associated articles or 
nursery stock provided such person has entered into and is operating 
under a compliance agreement in accordance with Sec. 301.92-6. Any such 
person may execute and issue a certificate for the interstate movement 
of regulated or associated articles or nursery stock if an inspector has 
previously made the determination that the article is eligible for a 
certificate in accordance with any applicable section 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 decision in writing to the 
Administrator

[[Page 152]]

within 10 days after receiving the written notification of the 
withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate was wrongfully 
withdrawn. As promptly as circumstances allow, the Administrator will 
grant or deny the appeal, in writing, stating the reasons for the 
decision. A hearing will be held to resolve any conflict as to any 
material fact. Rules of practice concerning a hearing will be adopted by 
the Administrator.

(Approved by the Office of Management and Budget under control numbers 
0579-0310 and 0579-0088)



Sec. 301.92-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, processing, handling, or moving 
regulated articles, associated articles, or non-host nursery stock may 
enter into a compliance agreement when an inspector determines that the 
person understands this subpart, agrees to comply with its provisions, 
and agrees to comply with all the provisions contained in the compliance 
agreement. \15\
---------------------------------------------------------------------------

    \15\ Compliance agreement forms are available without charge from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 
160, Riverdale, MD 20737-1236, and from local offices 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.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
this subpart. If the cancellation is oral, the cancellation and the 
reasons for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision. A hearing will be held to 
resolve any conflict as to any material fact. Rules of practice 
concerning a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control numbers 
0579-0310)



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

    (a) Any person (other than a person authorized to issue certificates 
under Sec. 301.92-5(c)) who desires to move a regulated or associated 
article or non-host nursery stock interstate accompanied by a 
certificate must notify an inspector \16\ as far in advance of the 
desired interstate movement as possible, but no less than 48 hours 
before the desired time of inspection.
---------------------------------------------------------------------------

    \16\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (b) The regulated or associated article or non-host nursery stock 
must be assembled at the place and in the manner the inspector 
designates as necessary to comply with this subpart.



Sec. 301.92-8  Attachment and disposition of certificates and recordkeeping.

    (a) A certificate required for the interstate movement of a 
regulated article, 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 article, associated article, or non-host nursery stock; or
    (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 consignee's copy of the waybill, the 
regulated article, associated article, or non-host nursery stock must be 
sufficiently 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, associated article, or non-host nursery stock must be furnished 
by the carrier

[[Page 153]]

to the consignee listed on the certificate upon arrival at the location 
provided on the certificate.
    (c) All nurseries that are operating under compliance agreements 
must maintain records of all incoming shipments 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 outgoing 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)



Sec. 301.92-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.



Sec. 301.92-10  Treatments.

    Treatment schedules listed in part 305 of this chapter are 
authorized for use on certain regulated articles to prevent the spread 
of Phytophthora ramorum. The following treatments also may be used for 
the regulated articles indicated:
    (a) Soil--Heat to a temperature of at least 180 [deg]F at the center 
of the load for 30 minutes in the presence of an inspector.
    (b) Wreaths, garlands, and greenery of host material--Dip for 1 hour 
in water that is held at a temperature of at least 160 [deg]F.
    (c) Bay leaves--Treat with vacuum heat in accordance with part 305 
of this chapter.



Sec. 301.92-11  Inspection and sampling protocols.

----------------------------------------------------------------------------------------------------------------
                                                                       Inspection and certification protocol
                                      Type(s) of plants shipped  -----------------------------------------------
  Type(s) of plants in the nursery            interstate            Origin: Quarantined      Origin: Regulated
                                                                           areas                   areas
----------------------------------------------------------------------------------------------------------------
Regulated articles only............  None.......................  Not regulated.........  Not regulated.
Regulated articles only............  Regulated articles.........  Sec.  301.92-11(a)...  Sec.  301.92-11(c).
Associated articles only...........  None.......................  Not regulated.........  Not regulated.
Associated articles only...........  Associated articles........  Sec.  301.92-11(a)...  Sec.  301.92-11(c).
Regulated and associated articles    Regulated or associated      Sec.  301.92-11(a)...  Sec.  301.92-11(c).
 only.                                articles, or both.
Regulated and associated articles    None.......................  Not regulated.........  Not regulated.
 and non-hosts.
Regulated and associated articles    Regulated or associated      Sec.  301.92-11(a)...  Sec.  301.92-11(c).
 and non-hosts.                       articles, or both.
Regulated and associated articles    Non-hosts only.............  Sec.  301.92-11(a)...  Sec.  301.92-11(c).
 and non-hosts.
Non-hosts only.....................  None.......................  Not regulated.........  Not regulated.
Non-hosts only.....................  Non-hosts..................  Sec.  301.92-11(b)...  Sec.  301.92-11(d).
Decorative trees without roots       Proven host plant taxa.....  Sec. 301.92-11(a)....  Not regulated.
 (e.g., Christmas trees).
Decorative trees without roots       Associated plant taxa......  Not regulated.........  Not regulated.
 (e.g., Christmas trees).
----------------------------------------------------------------------------------------------------------------

    (a) Nurseries in quarantined areas shipping regulated articles of 
nursery stock and associated articles interstate. To meet the 
requirements of Sec. 301.92-5(a)(1)(iv), nurseries located in 
quarantined 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 section are prohibited from moving 
regulated articles and associated articles interstate. Nurseries in 
quarantined areas that do not meet the requirements of this section or 
paragraph (b) of this section are prohibited from moving non-host 
nursery stock interstate.
    (1) Annual inspection, sampling, and testing--(i) Inspection. The 
nursery

[[Page 154]]

must be inspected annually for symptoms of Phytophthora ramorum by an 
inspector. \17\ Inspectors will visually inspect for symptomatic plants 
throughout the nursery, and inspection will focus on, but not be limited 
to, regulated articles and associated articles.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (ii) Sampling. A minimum of 40 plant samples must be tested per 
nursery location. 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 asymptomatic 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 regulated and associated articles and nearby plants. Inspectors 
must conduct inspections 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 available to inspectors upon 
request.
    (iii) Testing. Samples 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 accordance with Sec. 301.92-12.
    (iv) Annual certification. If all plant samples tested in accordance 
with this section and Sec. 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 
inspection, and the nursery will be eligible to enter into a compliance 
agreement in accordance with Sec. 301.92-6. \18\
---------------------------------------------------------------------------

    \18\ See footnote 14 of this subpart.
---------------------------------------------------------------------------

    (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 articles intended for 
interstate movement must be inspected for symptoms of Phytophthora 
ramorum by an inspector. \19\ Inspection will focus on, but not be 
limited to, regulated articles and associated articles. No inspections 
of shipments will be conducted unless the nursery from which the 
shipment originates has a current and valid annual certification in 
accordance with paragraph (a)(1)(iv) of this section.
---------------------------------------------------------------------------

    \19\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (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, provided that the nursery is 
operating under a compliance agreement with APHIS in accordance with 
Sec. 301.92-6.
    (B) If symptomatic plants are found upon inspection, the inspector 
will collect at least one sample per symptomatic plant, and one sample 
per regulated article or associated article that is in close proximity 
to, or that has had physical contact with, a symptomatic plant.
    (ii) Testing and withholding from interstate movement. Samples taken 
in accordance 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 accordance with 
Sec. 301.92-12. The interstate movement of plants in the shipment is 
prohibited until the plants in the shipment are determined to be free of 
evidence of Phytophthora ramorum infection in accordance with Sec. 
301.92-12.
    (b) Nurseries in quarantined areas shipping 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

[[Page 155]]

must meet the requirements of paragraph (a). This paragraph (b) only 
applies if there are no regulated or associated 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 interstate.
---------------------------------------------------------------------------

    \20\ In addition, to be eligible for interstate movement, non-host 
nursery stock that is rooted in soil or growing media requires 
certification that the soil or growing media meets the requirements of 
Sec. 301.92-5(a)(1)(iii).
---------------------------------------------------------------------------

    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora ramorum. Inspections and 
determinations of freedom from evidence of Phytophthora ramorum 
infestation must occur at the time when the best expression of symptoms 
is anticipated.
    (2) Sampling. All plants showing symptoms of infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec. 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 Sec. 301.92-12: All symptomatic 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 Sec. 301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in a 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector 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 shipping regulated articles of 
nursery stock or associated articles interstate. To meet the conditions 
of Sec. 301.92-5(b), any nursery that is located in a regulated area 
and contains regulated articles of nursery 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 
symptoms of Phytophthora ramorum by an inspector. \21\ Inspection will 
focus on, but not be limited to, regulated articles of nursery stock and 
associated articles.
---------------------------------------------------------------------------

    \21\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (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 collected from asymptomatic plants, the samples must be 
taken from regulated and associated articles and nearby plants. 
Inspectors must conduct inspections 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 available to inspectors upon 
request.
    (3) Annual certification. If all plant samples tested in accordance 
with this section and Sec. 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 
inspection. Nurseries in a regulated area must have current and valid 
certification to ship regulated articles of nursery stock and associated 
articles interstate. If annual certification expires prior to 
reinspection, all plants in the nursery are prohibited interstate 
movement until the nursery is inspected, tested, and re-certified in 
accordance with this section and Sec. 301.92-12.
    (d) Nurseries in regulated areas shipping 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 associated articles, the nursery must meet the 
requirements of paragraph (c). This paragraph (d) only applies if

[[Page 156]]

there are no regulated or associated articles in the nursery. Nurseries 
that do not meet the requirements of paragraphs (c) or (d) of this 
section are prohibited from moving non-host nursery stock interstate.
    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora ramorum. Inspections and 
determinations of apparent pest freedom for such nurseries must occur at 
the time when the best expression of symptoms is anticipated.
    (2) Sampling. All plants showing symptoms infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec. 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 Sec. 301.92-12: All 
symptomatic 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 Sec. 301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in the 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector 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 compliance agreement in accordance 
with Sec. 301.92-6 may continue to ship plants interstate in accordance 
with this subpart.
    (2) Nurseries that had not previously contained any regulated or 
associated articles, and that had been inspected in accordance with 
Sec. 301.92-11(b)(3) and allowed 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 Sec. 301.92-11. 
Nurseries that come under regulation during winter dormancy periods and 
that are not able to be inspected in accordance with Sec. 301.92-11 
prior to desired shipments of non-host nursery stock may be allowed to 
ship non-host nursery stock interstate at the discretion of an 
inspector.

(Approved by the Office of Management and Budget under control number 
0579-0310)



Sec. 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 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 
accordance with Sec. 301.92-5.
    (2) Positive prescreening results. If ELISA prescreening reveals the 
presence of Phytophthora spp. in any plants, each sample that returns 
positive ELISA results must be tested as provided 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. Samples will be considered positive for 
Phytophthora ramorum based on positive results of any approved test. 
Positive 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-

[[Page 157]]

approved PCR or other molecular test must be conducted, as provided in 
paragraph (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 accordance with 
Sec. 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 determines 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 Sec. 301.92-11 and each plant sample must 
be tested again using a PCR or other molecular test, as described in 
this section.
    (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 directed by an inspector. 
The nursery will be eligible to ship certain plants interstate when an 
inspector determines that those plants are free of evidence 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--Table of Contents

Sec.
302.1 Definitions.
302.2 Movement of plants and plant products.

    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 otherwise noted.



Sec. 302.1  Definitions.

    Inspector. Any employee of the Animal and Plant Health Inspection 
Service or other person authorized by the Administrator to inspect and 
certify the plant health status of plants and products under this part.
    Interstate. From any State into or through any other State.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 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 obtained by contacting the State Plant Health Director, Plant 
Protection and Quarantine, APHIS, Wayne A. Cawley, Jr. Building, Room 
350, 50 Harry S. Truman Parkway, Annapolis, MD 21401-7080; phone: (410) 
224-3452; fax: (410) 224-1142.

[66 FR 54641, Oct. 30, 2001]



PART 305_PHYTOSANITARY TREATMENTS--Table of Contents

Sec.
305.1 Definitions.
305.2 Approved treatments.
305.3 Monitoring and certification of treatments.
305-4 [Reserved]

                       Subpart_Chemical Treatments

305.5 Treatment requirements.
305.6 Methyl bromide fumigation treatment schedules.
305.7 Phosphine treatment schedules.
305.8 Sulfuryl fluoride treatment schedules.
305.9 Aerosol spray for aircraft treatment schedule.
305.10 Treatment schedules for combination treatments.
305.11 Miscellaneous chemical treatments.
305.12-14 [Reserved]

                         Subpart_Cold Treatments

305.15 Treatment requirements.
305.16 Cold treatment schedules.

                     Subpart_Quick Freeze Treatments

305.17 Authorized treatments; exceptions.
305.18 Quick freeze treatment schedule.

[[Page 158]]

305.19 [Reserved]

                         Subpart_Heat Treatments

305.20 Treatment requirements.
305.21 Hot water dip treatment schedule for mangoes.
305.22 Hot water immersion treatment schedules.
305.23 Steam sterilization treatment schedules.
305.24 Vapor heat treatment schedules.
305.25 Dry heat treatment schedules.
305.26 Khapra beetle treatment schedule for feeds and milled products.
305.27 Forced hot air treatment schedules.
305.28 Kiln sterilization treatment schedule.
305.29 Vacuum heat treatment schedule.
305.30 [Reserved]

                     Subpart_Irradiation Treatments

305.31 Irradiation treatment of imported regulated articles for certain 
          plant pests.
305.32 Irradiation treatment of regulated fruit to be moved interstate 
          from areas quarantined for fruit flies.
305.33 [Reserved]
305.34 Irradiation treatment of certain regulated articles from Hawaii, 
          Puerto Rico, and the U.S. Virgin Islands.
305.35-305.39 [Reserved]

                     Subpart_Treatments for Garbage

305.40 Garbage treatment schedules for insect pests and pathogens.
305.41 [Reserved]

                    Subpart_Miscellaneous Treatments

305.42 Miscellaneous treatment schedules.

    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: 70 FR 33269, June 7, 2005, unless otherwise noted.



Sec. 305.1  Definitions.

    The following definitions apply for the purposes of this part:
    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.
    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Autoclaving. The introduction of steam at 212 [deg]F into a 
pressurized enclosure containing a commodity to kill spores and other 
treatment-resistant pests.
    Cold treatment. Exposure of a commodity to a specified cold 
temperature that is sustained for a specific time period to kill 
targeted pests, especially fruit flies.
    Dose mapping. Measurement of absorbed dose within a process load 
using dosimeters placed at specified locations to produce a one-, two-, 
or three-dimensional distribution of absorbed dose, thus rendering a map 
of absorbed-dose values.
    Dosimeter. A device that, when irradiated, exhibits a quantifiable 
change in some property of the device that can be related to absorbed 
dose in a given material using appropriate analytical instrumentation 
and techniques.
    Dosimetry system. A system used for determining absorbed dose, 
consisting of dosimeters, measurement instruments and their associated 
reference standards, and procedures for the system's use.
    Forced hot air. Hot air blown uniformly across commodities in a 
shipment until the pulp of each unit in the shipment of the commodity 
reaches a specified temperature.
    Fumigant. A gaseous chemical that easily diffuses and disperses in 
air and is toxic to the target organism.
    Fumigation. Releasing and dispersing a toxic chemical in the air so 
that it reaches the target organism in a gaseous state.
    Hitchhiker pest. A pest that is carried by a commodity or a 
conveyance and, in the case of plants and plant products, does not 
infest those plants or plant products.
    Hot water immersion dip. Complete immersion of a commodity in heated 
water to raise the temperature of the commodity to a specific 
temperature for a specified time. This treatment is usually used to kill 
fruit flies.
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this part.
    Irradiation. The use of irradiated energy to kill or devitalize 
organisms.
    Methyl bromide. A colorless, odorless biocide used to fumigate a 
wide range of commodities.

[[Page 159]]

    Phosphine. Flammable gas generated from either aluminum phosphide or 
magnesium phosphide and used to treat stored product commodities.
    Quick freeze. A commercially acceptable method of quick freezing at 
subzero temperatures with subsequent storage and transportation at not 
higher than 20 [deg]F. Methods that accomplish this are known as quick 
freezing, sharp freezing, cold pack, or frozen pack, but may be any 
equivalent commercially acceptable freezing method.
    Section 18 of Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA). An emergency exemption granted by the U.S. Environmental 
Protection Agency to Federal or State agencies authorizing an 
unregistered use of a pesticide for a limited time.
    Sulfuryl fluoride. An odorless, colorless, and nonflammable 
compressed fumigant that is used primarily to kill pests of wood.
    Steam heat. The introduction of steam at 212 [deg]F or higher into 
an enclosure containing a commodity to kill targeted organisms.
    Vacuum fumigation. Fumigation performed in a gas-tight enclosure. 
Most air in the enclosure is removed and replaced with a small amount of 
fumigant. The reduction in pressure reduces the required duration of the 
treatment.
    Vacuum heat treatment. The treated commodity is held in a gas-tight 
enclosure and heated to a specified temperature for a specific time 
period to kill targeted pests.
    Vapor heat. Heated air saturated with water vapor and used to raise 
the temperature of a commodity to a required point for a specific 
period.

[70 FR 33269, June 7, 2005, as amended at 70 FR 36332, June 23, 2005]



Sec. 305.2  Approved treatments.

    (a) Certain commodities or articles require treatment, or are 
subject to treatment, prior to the interstate movement within the United 
States or importation or entry into the United States. Treatment is 
required as indicated in parts 301, 318, and 319 of this chapter, on a 
permit, or by an inspector.
    (1) Treatment schedules provided in this part must be followed to 
neutralize pests.
    (2) More information about treatment schedules is contained in the 
Plant Protection and Quarantine (PPQ) Treatment Manual, which is 
available on the Internet at http://www.aphis.usda.gov/ppq/manuals/
online--manuals.html or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Manuals Unit, 69 
Thomas Johnson Drive, Suite 100, Frederick, MD 21702.
    (3) Treatment requirements provided in this part must be followed to 
adequately administer treatment schedules.
    (4) APHIS is not responsible for losses or damages incurred during 
treatment and recommends that a sample be treated first before deciding 
whether to treat the entire shipment.
    (b) Alpha grass and handicrafts (Stipa tenacissima, Ampelodesmos 
mauritanicus). For treatment schedules, see Sec. 305.6 for methyl 
bromide (MB) fumigation.

------------------------------------------------------------------------
                   Pest                               Treatment
------------------------------------------------------------------------
Harmolita spp.............................  MB T304-a or MB T304-b.
------------------------------------------------------------------------

    (c) Bags, bagging materials, and covers (used). The treatment 
schedules for which administration instructions are not provided are in 
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.23 for steam 
sterilization (SS), and Sec. 305.25 for dry heat (DH).

------------------------------------------------------------------------
          Used material                  Pest              Treatment
------------------------------------------------------------------------
Bags and bagging material or      Globodera           MB T306-a.
 covers used to contain root       rostochiensis.
 crops.
Bags and bagging used for         Potato cyst         MB T502-1.
 commodities grown in soil.        nematode.
Bags and bagging material or      Pectinophora spp..  MB T306-b.
 covers used for cotton only.
Bags and bagging used for small   Downy mildews and   T503-1-2: Soak in
 grains.                           Physoderma          water slightly
                                   diseases of maize.  below boiling
                                                       (212 [deg]F) for
                                                       1 hour; or SS
                                                       T503-1-3; or DH
                                                       T503-1-4.
                                  Flag smut.........  DH T504-1-1 or SS
                                                       T504-1-2.

[[Page 160]]

 
Bags and bagging material or      Trogoderma          MB T306-c-1 or MB
 covers.                           granarium.          T306-c-2.
Bagging from unroasted coffee     Various...........  MB T306-d-1 or MB
 beans.                                                T306-d-2.
Covers used for commodities       Potato cyst         MB T502-2.
 grown in soil.                    nematode.
Covers used for small grains....  Downy mildews and   T503-2-2: Soak in
                                   Physoderma          water slightly
                                   diseases of maize.  below boiling
                                                       (212 [deg]F) for
                                                       1 hour; or SS
                                                       T503-2-3; or DH
                                                       T503-2-4.
Covers used for wheat...........  Flag smut.........  DH T504-2-1 or SS
                                                       T504-2-2.
------------------------------------------------------------------------

    (d) Broomcorn and broomcorn articles. The treatment schedules for 
which administration instructions are not provided are in Sec. 305.6 
for methyl bromide (MB) fumigation and Sec. 305.23 for steam 
sterilization (SS).

------------------------------------------------------------------------
                   Pest                               Treatment
------------------------------------------------------------------------
Corn-related diseases (precautionary        T566-1 (broomcorn) and T566-
 treatment).                                 2 (broomcorn articles):
                                             Completely submerge in hot
                                             water at 102 [deg]F.
Ostrinia nubilalis, ticks, and saw flies..  MB T309-a or MB T309-b-1or
                                             MB T309-b-2 or SS T309-c.
------------------------------------------------------------------------

    (e) Cotton and cotton products. The treatment schedules for which 
administration instructions are not provided are in Sec. 305.6 for 
methyl bromide (MB) fumigation and Sec. 305.7 for phosphine (PH).

------------------------------------------------------------------------
            Material                     Pest              Treatment
------------------------------------------------------------------------
Baled lint or linters...........  Pectinophora spp..  MB T301-a-3.
Baled lint, linters, waste,       Trogoderma          MB T301-b-1-1 or
 piece goods, gin trash.           granarium.          MB T301-b-1-2.
Cottonseed (samples and bulk)...  Pectinophora spp..  T301-a-7: (1)
                                                       Delint the
                                                       cottonseed by
                                                       applying
                                                       sufficient heat
                                                       (145 [deg]F) or
                                                       acid or both; or
                                                       (2) raise the
                                                       temperature of
                                                       the delinted seed
                                                       during the
                                                       subsequent drying
                                                       process to 145
                                                       [deg]F for no
                                                       less than 45
                                                       seconds or at
                                                       least 140 [deg]F
                                                       for no less than
                                                       8 minutes.
Cottonseed, cottonseed products,  T. granarium......  MB T301-b-2.
 or samples.
Cottonseed meal.................  T. granarium......  MB T301-b-3.
Cotton and cotton products......  Globodera           MB T301-c.
                                   rostochiensis.
Cotton and cotton products......  Anthonomus grandis  MB T301-d-1-1 or
                                                       PH T301-d-1-2.
Lint, linters, cottonseed,        Pectinophora spp..  MB T301-a-1-1 or
 cottonseed hulls, gin trash,                          MB T301-a-1-2.
 waste, cottonseed meal, or
 other baled or bulk commodities
 (except samples).
Lint, linters, and cottonseed     Pectinophora spp..  PH T301-a-6.
 (bulk, sacked, or packaged
 cottonseed, lint or linters,
 cottonseed hulls, gin trash,
 and all other baled or bulk
 cotton commodities).
Lint (except baled lint or        Pectinophora spp..  MB T301-a-2.
 linters), cottonseed (except
 packaged cottonseed),
 cottonseed hulls, gin trash,
 waste, cottonseed meal, or
 other baled or bulk commodities
 (excluding samples).
Packaged cottonseed.............  Pectinophora spp..  MB T301-a-4.
Samples of cotton and cotton      Pectinophora spp..  MB T301-a-5-1 or
 products.                                             MB T301-a-5-2.
------------------------------------------------------------------------

    (f) Cut flowers and greenery. The treatment schedules for which 
administration instructions are not provided are in Sec. 305.6 for 
methyl bromide (MB) fumigation.

------------------------------------------------------------------------
                          Pest                               Treatment
------------------------------------------------------------------------
External feeders, leafminers, hitchhikers (except for         MB T305-a.
 snails and slugs), surface pests.......................
Borers or soft scales...................................      MB T305-b.
Mealybugs...............................................      MB T305-c.
------------------------------------------------------------------------

    (g) Equipment. The treatment schedules for which administration 
instructions are not provided are in Sec. 305.6 for methyl bromide (MB) 
fumigation,

[[Page 161]]

Sec. 305.9 for aerosol, and Sec. 305.23 for steam sterilization (SS).

------------------------------------------------------------------------
             Article                     Pest              Treatment
------------------------------------------------------------------------
Aircraft........................  Trogoderma          T409-a: Contact
                                   granarium.          PPQ Regional
                                                       Director for
                                                       specific
                                                       instructions.
                                  Hitchhiker pests    Aerosol T409-b.
                                   (other than T.
                                   granarium, fruit
                                   flies, and soft-
                                   bodied insects).
Automobiles.....................  Globodera           T406-c, steam
                                   rostochiensis and   cleaning: Steam
                                   G. pallida.         at high pressure
                                                       until all soil is
                                                       removed. Treated
                                                       surfaces must be
                                                       thoroughly wet
                                                       and heated.
Construction equipment with cabs  G. rostochiensis..  MB T406-b.
Construction equipment without    G. rostochiensis    SS T-406d.
 cabs.                             and G. pallida.
Containers......................  G. rostochiensis..  MB T406-b.
Containers......................  Potato cyst         MB T506-1.
                                   nematode.
Field and processing equipment    Xanthomonas         T514-4: Remove all
 (Saccharum).                      albilineans and     debris and soil
                                   X. vasculorum.      from equipment
                                                       with water at
                                                       high pressure
                                                       (300 pounds per
                                                       square inch
                                                       minimum) or with
                                                       steam.
Mechanical cotton pickers and     Pectinophora        MB T407.
 other cotton equipment.           gossypiella.
Used farm equipment with cabs...  G. rostochiensis    T406-c, steam
                                   and G. pallida.     cleaning: Steam
                                                       at high pressure
                                                       until all soil is
                                                       removed. Treated
                                                       surfaces must be
                                                       thoroughly wet
                                                       and heated.
Used farm equipment without cabs  G. rostochiensis    SS T-406d.
                                   and G. pallida.
Used containers.................  G. rostochiensis    SS T-406d.
                                   and G. pallida.
------------------------------------------------------------------------

    (h) Fruits and vegetables. (1) Treatment of fruits and vegetables 
from foreign localities by irradiation in accordance with Sec. 305.31 
may be substituted for other approved treatments for any of the pests 
listed in Sec. 305.31(a). Treatment of fruits and vegetables from 
Hawaii, Puerto Rico, and the U.S. Virgin Islands by irradiation at the 
minimum doses listed in Sec. 305.31(a) and in accordance with Sec. 
305.34 may be substituted for other approved treatments for any of the 
pests listed in Sec. 305.31(a).
    (2) The treatment schedules for which administration instructions 
are not provided are in Sec. 305.6 for methyl bromide (MB) fumigation, 
Sec. 305.10(a) for methyl bromide fumigation and cold treatment 
(MB&CT), Sec. 305.10(b) for cold treatment and methyl bromide 
fumigation (CT&MB), Sec. 305.11 for miscellaneous chemical treatments 
(CMisc.), Sec. 305.16 for cold treatment (CT), Sec. 305.18 for quick 
freeze, Sec. 305.21 for hot water dip (HWD), Sec. 305.22 for hot water 
immersion (HWI), Sec. 305.24 for vapor heat (VH), Sec. 305.27 for 
forced hot air (FHA), Sec. 305.29 for vacuum heat (VCH), Sec. Sec. 
305.31 through 305.34 for irradiation (IR), and Sec. 305.42 for 
miscellaneous (Misc.).
    (i) Treatment for shipments from foreign localities.

----------------------------------------------------------------------------------------------------------------
               Location                       Commodity                   Pest              Treatment schedule
----------------------------------------------------------------------------------------------------------------
All..................................  All imported fruits and  Most...................  Quick freeze T110.
                                        vegetables.
                                       All imported fruits and  Hitchhiker pests or      MB T104-a-1.
                                        vegetables approved      surface pests, except
                                        for treatment with       mealybugs.
                                        methyl bromide under
                                        the Federal
                                        Insecticide,
                                        Fungicide, and
                                        Rodenticide Act.
                                                                Mealybugs..............  MB T104-a-2.
                                                                Most...................  Quick freeze T110.
                                       Acorns, chestnuts (see   Cydia splendana and      MB T101-t-1 or MB T101-
                                        Sec.  319.56-11 of      Curculio spp..           u-1.
                                        this chapter).
                                       Banana.................  External feeders such    MB T101-d-1.
                                                                 as Noctuidae spp.,
                                                                 Thrips spp.,
                                                                 Copitarsia spp..
                                       Beet...................  Internal feeders.......  MB T101-g-1.
                                       Beet...................  External feeders.......  MB T101-g-1-1.

[[Page 162]]

 
                                       Blackberry.............  External feeders such    MB T101-h-1.
                                                                 as Noctuidae spp.,
                                                                 Thrips spp.,
                                                                 Copitarsia spp.,
                                                                 Pentatomidae spp., and
                                                                 Tarsonemus spp..
                                       Broccoli (includes       External feeders and     MB T101-n-2.
                                        Chinese and rapini).     leafminers.
                                       Brussel sprouts........  External feeders and     MB T101-n-2.
                                                                 leafminers.
                                       Cabbage (European and    External feeders.......  MB T101-j-1.
                                        Chinese).
                                       Cabbage (bok choy,       External feeders and     MB T101-n-2.
                                        napa, Chinese mustard).  leafminers.
                                       Cantaloupe.............  External feeders.......  MB T101-k-1.
                                       Carrot.................  External feeders.......  MB T101-l-1.
                                       Carrot.................  Internal feeders.......  MB T101-m-1.
                                       Cauliflower............  External feeders and     MB T101-n-2.
                                                                 leafminers.
                                       Celeriac (celery root).  External feeders.......  MB T101-n-1.
                                       Celery (above ground     External feeders.......  MB T101-o-1.
                                        parts).
                                       Chayote (fruit only)...  External feeders.......  MB T101-p-1.
                                       Cherry.................  Insects other than       MB T101-r-1.
                                                                 fruit flies.
                                       Cherry.................  Rhagoletis indifferens   MB T101-s-1.
                                                                 and Cydia pomonella.
                                       Chicory (above ground    External feeders.......  MB T101-v-1.
                                        parts).
                                       Chicory root...........  External feeders.......  MB T101-n-1.
                                       Copra..................  External feeders.......  MB T101-x-1.
                                       Corn-on-the-cob........  Ostrinia nubilalis.....  MB T101-x-1-1.
                                       Cucumber...............  External feeders.......  MB T101-y-1.
                                       Dasheen................  External feeders.......  MB T101-z-1.
                                       Dasheen................  Internal feeders.......  MB T101-a-2.
                                       Durian and other large   External feeders.......  Misc. T102-c.
                                        fruits such as
                                        breadfruit.
                                       Endive.................  External feeders.......  MB T101-b-2.
                                       Fava bean (dried)......  Bruchidae..............  MB T101-c-2.
                                                                                         MB T101-d-2.
                                       Garlic.................  Brachycerus spp. and     MB T101-e-2.
                                                                 Dyspessa ulula.
                                       Ginger (rhizome).......  Internal feeders.......  MB T101-f-2.
                                       Ginger (rhizome).......  External feeders.......  MB T101-g-2.
                                       Grapefruit and other     Aleurocanthus woglumi..  MB T101-j-2.
                                        citrus.
                                       Herbs and spices         Various stored product   MB T101-n-2-1-1.
                                        (dried).                 pests, except khapra
                                                                 beetle.
                                       Herbs, fresh (includes   External feeders and
                                        all fresh plant parts    leafminers..
                                        except seeds).
                                       Kiwi...................  External feeders,        MB T101-m-2.
                                                                 Nysius huttoni.
                                       Leeks..................  Internal feeders.......  MB T101-q-2.
                                       Lentils (dried)........  Bruchidae..............  MB T101-e-1.
                                       Litchi.................  Mealybugs                MB T101-b-1-1.
                                                                 (Pseudococcidae).
                                       Lime...................  Mealybugs and other      HWI T102-e.
                                                                 surface pests.
                                       Melon (including         External feeders such    MB T101-o-2.
                                        honeydew, muskmelon,     as Noctuidae spp.,
                                        and watermelon).         Thrips spp.,
                                                                 Copitarsia spp..
                                       Onion..................  Internal feeders and     MB T101-q-2.
                                                                 leafminers.
                                       Papaya.................  Cercospora mamaonis and  T561: Dip in hot water
                                                                 Phomopis carica-         at 120.2 [deg]F for 20
                                                                 papayae.                 minutes.
                                       Parsnip................  Internal feeders.......  MB T101-g-1.
                                       Peas (dried)...........  Bruchidae..............  MB T101-e-1.
                                       Pecans and hickory nuts  Curculio caryae........  CT T107-g.
                                       Peppers................  Internal pests (except   MB T101-a-3.
                                                                 fruit flies) and
                                                                 external pests (except
                                                                 mealybugs).
                                       Pineapple..............  Internal feeders.......  MB T101-r-2
                                       Plantain...............  External feeders such    MB T101-t-2.
                                                                 as Noctuidae spp.,
                                                                 Thrips spp.,
                                                                 Copitarsia spp..
                                       Potato (white or Irish)  Graphognathus spp......  MB T101-u-2.
                                       Potato (white or Irish)  Ostrinia nubilalis,      MB T101-v-2.
                                                                 Phthorimaea
                                                                 operculella.
                                       Pulses (dried).........  Bruchidae..............  MB T101-e-1.

[[Page 163]]

 
                                       Pumpkin (includes        External feeders.......  MB T101-w-2.
                                        calabaza varieties).
                                       Radish.................  Internal feeders.......  MB T101-g-1.
                                       Raspberry..............  External feeders such    MB T101-x-2.
                                                                 as Noctuidae spp.,
                                                                 Thrips spp.,
                                                                 Copitarsia spp..
                                       Shallots...............  Internal feeders         MB T101-q-2.
                                                                 including leafminers.
                                       Squash (winter, summer,  External feeders.......  MB T101-y-2.
                                        and chayote).
                                       Sweet potato...........  External and internal    MB T101-b-3-1.
                                                                 feeders.
                                       Strawberry.............  External feeders.......  MB T101-z-2.
                                       Tuna and other cactus    External feeders and     MB T101-e-3.
                                        fruit.                   leafminers.
                                       Turnip.................  Internal feeders.......  MB T101-g-1.
                                       Yam....................  Internal and external    MB T101-f-3.
                                                                 feeders.
                                       Zucchini...............  Ceratitis capitata,      VH T106-b-8.
                                                                 Bactrocera cucurbitae,
                                                                 B. dorsalis.
                                       Zucchini...............  External feeders.......  MB T101-h-3.
Albania..............................  Horseradish............  Baris lepidii..........  MB T101-l-2.
Algeria..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, tangerine..  Ceratitis capitata.....  CT T107-a.
                                       Pear, plum, ethrog.....  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Antigua and Barbuda..................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Argentina............................  Apple, apricot, cherry,  Species of Anastrepha    CT T107-a-1.
                                        kiwi, peach, pear,       (other than Anastrepha
                                        plum, nectarine,         ludens), Ceratitis
                                        quince, pomegranate.     capitata.
                                       Blueberry..............  Anastrepha fraterculus,  CT T107-a-1 or MB T101-
                                                                 Ceratitis capitata.      i-1-1.
                                       Grape..................  Species of Anastrepha    CT T107-a-1.
                                                                 (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.
                                                                Insects other than       MB T101-i-2.
                                                                 Ceratitis capitata and
                                                                 Lobesia botrana.
Armenia..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a MB T101-h-2-
                                                                                          1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Australia............................  Apple..................  Austrotortrix spp. and   CT&MB T109-d-1.
                                                                 Epiphyas spp.,
                                                                 Bactrocera tryoni,
                                                                 Ceratitis capitata,
                                                                 and other fruit flies.
                                                                Bactrocera tryoni......  CT T107-d.
                                                                Tortricidae............  MB T101-a-1.
                                                                External feeders, apple  MB T101-a-1.
                                                                 moth.
                                       Asparagus..............  External feeders such    MB T101-b-1.
                                                                 as Noctuidae spp.,
                                                                 Thrips spp. (except
                                                                 Scirtothrips dorsalis
                                                                 from Thailand),
                                                                 Copitarsia spp..
                                                                Halotydeus destructor..  T101-b-1-1.

[[Page 164]]

 
                                       Citrus--oranges,         Bactrocera tryoni......  CT T107-d.
                                        grapefruits, limes,
                                        lemons, mandarins,
                                        satsumas, tangors,
                                        tangerines, and other
                                        fruits grown from this
                                        species or its hybrids
                                        (C. reticulata).
                                       Citrus--oranges,         Ceratitis capitata.....  CT T107-a.
                                        grapefruits, limes
                                        lemons, mandarins,
                                        satsumas, tangors,
                                        tangerines, and other
                                        fruits grown from this
                                        species or its hybrids
                                        (C. reticulata).
                                       Grape..................  Austrotortrix spp. and   MB&CT T108-b or CT&MB
                                                                 Epiphyas spp.,           T109-d-1.
                                                                 Bactrocera tryoni,
                                                                 Ceratitis capitata,
                                                                 and other fruit flies.
                                       Kiwi...................  Bactrocera tryoni......  CT T107-d.
                                       Pear...................  Austrotortrix spp.,      CT&MB and T109-d-1.
                                                                 Epiphyas spp.,
                                                                 Bactrocera tryoni,
                                                                 Ceratitis capitata,
                                                                 and other fruit flies.
                                                                Bactrocera tryoni......  CT T107-d.
                                                                Tortricidae............  MB T101-a-1.
Austria..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Aruba................................  Bean, garden (pod or     Cydia fabivora,          MB T101-k-2 or MB T101-
                                        shelled).                Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Green bean.............  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Azerbaijan...........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Bahamas..............................  Bean (pod).............  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Pigeon pea (pod).......  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Barbados.............................  Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2.
                                        pigeon pea (pod).        Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Belarus..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Belgium..............................  Bean, garden (pod or     Cydia fabivora,          MB T101-k-2.
                                        shelled), pea (pod or    Epinotia aporema,
                                        shelled).                Maruca testulalis, and
                                                                 leafminers.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.

[[Page 165]]

 
Belize...............................  Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2.
                                        pigeon pea (pod or       Epinotia aporema,
                                        shelled).                Maruca testulalis, and
                                                                 leafminers.
                                       Carambola..............  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        tangerine.
                                       Papaya.................  Ceratitis capitata,      FHA T103-d-2.
                                                                 Bactrocera cucurbitae,
                                                                 B. dorsalis.
Bolivia..............................  Blueberry..............  Ceratitis capitata.....  MB T101-i-1-1.
Bosnia...............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Brazil...............................  Apple, grape             Species of Anastrepha    CT T107-a-1.
                                        (prohibited into         (other than Anastrepha
                                        California).             ludens), Ceratitis
                                                                 capitata.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Bulgaria.............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Cayman Islands.......................  Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2.
                                        pigeon pea (pod).        Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Chile (all provinces except provinces  Apricot, nectarine,      External feeders.......  MB T101-a-3.
 of Region 1 or Chanaral Township of    peach, plum, plumcot.
 Region 3).
                                       Cherimoya..............  Brevipalpus chilensis..  Misc. T102-b
                                       Grape..................  External feeders.......  MB T101-i-2-1.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
                                       Lemon (smooth skin)....  External feeders,        MB T101-n-2-1.
                                                                 Brevipalpus chilensis.
                                       Lime...................  Brevipalpus chilensis..  Misc. T102-b-1.
                                                                External feeders,        MB T101-n-2-1.
                                                                 Brevipalpus chilensis.
                                       Passion fruit..........  Brevipalpus chilensis..  Misc. T102-b-2.
                                       Tomato.................  External feeders.......  MB T101-a-3.
Chile (all provinces of Region 1 or    Apple, cherry, pear,     Ceratitis capitata.....  CT T107-a.
 Chanaral Township of Region 3).        quince.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Apricot................  Ceratitis capitata and   CT T107-a and MB T101-a-
                                                                 external feeders.        3.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Avocado................  Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Babaco (fruit).........  Ceratitis capitata,      VH T106-b-3.
                                                                 Bactrocera cucurbitae,
                                                                 B. dorsalis.
                                                                External feeders.......  MB T103-d-1.

[[Page 166]]

 
                                       Blueberry..............  Ceratitis capitata.....  MB T101-i-1-1.
                                       Grape..................  Ceratitis capitata.....  CT T107-a.
                                                                External feeders.......  MB T101-i-2-1.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
                                       Kiwi...................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Lemon (smooth skinned).  External feeders,        MB T101-n-2-1.
                                                                 Brevipalpus chilensis.
                                       Lime...................  Brevipalpus chilensis..  Misc. T102-b-2.
                                                                External feeders,        MB T101-n-2-1.
                                                                 Brevipalpus chilensis.
                                       Loquat.................  Ceratitis capitata.....  CT T107-a.
                                       Mango..................  Anastrepha spp.,         HWD T102-a.
                                                                 Anastrepha ludens,
                                                                 Ceratitis capitata.
                                       Mountain papaya........  Bactrocera cucurbitae,   VH T106-b-3 or FHA T103-
                                                                 B. dorsalis, Ceratitis   d-1.
                                                                 capitata.
                                       Nectarine..............  Ceratitis capitata.....  CT T107-a.
                                                                External feeders.......  MB T101-a-3.
                                       Papaya.................  Bactrocera cucurbitae,   VH T106-b-4 or FHA T103-
                                                                 B. dorsalis, Ceratitis   d-2.
                                                                 capitata.
                                       Peach..................  Ceratitis capitata.....  CT T107-a.
                                                                External feeders.......  MB T101-a-3.
                                       Persimmon, sand pear...  Ceratitis capitata.....  CT T107-a.
                                       Plum, plumcot..........  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                                                External feeders.......  MB T101-a-3.
                                       Opuntia spp............  Ceratitis capitata.....  MB T101-d-3.
                                       Tomato.................  Scrobipalpula absoluta,  MB T101-c-3-1.
                                                                 Rhagoletis tomatis.
China................................  Litchi.................  Bactrocera cucurbitae,   CT T107-h.
                                                                 B. dorsalis,
                                                                 Conopomorpha sinensis.
                                       Longan.................  Bactrocera dorsalis and  CT T107-j.
                                                                 B. curcubitae.
                                       Pear (Ya variety),       Bactrocera cucurbitae,   CT T107-f.
                                        Shandong Province only.  B. dorsalis,
                                                                 Eutetranychus
                                                                 orientalis.
                                       Sand pear..............  Bactrocera cucurbitae,   CT T107-f.
                                                                 B. dorsalis,
                                                                 Eutetranychus
                                                                 orientalis.
Colombia.............................  Bean, garden...........  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Blueberry..............  Ceratitis capitata.....  MB T101-i-1-1.
                                       Cape gooseberry........  Ceratitis capitata.....  CT T107-a.
                                       Grape..................  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        plum, tangerine,
                                        pomegranate.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Tuna...................  Ceratitis capitata.....  MB T101-d-3.
                                       Yellow pitaya..........  Ceratitis capitata and   VH T106-e.
                                                                 Anastrepha fraterculus.
Costa Rica...........................  Bean, garden...........  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Bean, lima (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled), pigeon pea     Epinotia aporema,
                                        (pod or shelled).        Maruca testulalis, and
                                                                 leaf miners.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.

[[Page 167]]

 
                                                                Bactrocera MB&CT         T108-a-1 or T108-a-2 or
                                                                 cucurbitae, B.           T108-a-3.
                                                                 dorsalis, B. tryoni,
                                                                 Brevipalpus chilensis,
                                                                 Ceratitis capitata,
                                                                 Lobesia botrana.
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        tangerine.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
Croatia..............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Cyprus...............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Ceratitis capitata.....  CT T107-a.
                                        tangerine.
Czech Republic.......................  Horseradish............  Baris lepidii..........  MB T101-1-2.
Denmark..............................  Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Dominica.............................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Dominican Republic...................  Bean (pod).............  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Goa bean (pod or         Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leaf miners.
                                       Grape..................  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Hyacinth bean..........  Cydia fabivora,          MB T101-k-2-1.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leaf miners.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2 or MB T101-
                                        shelled).                Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis,
                                                                 Melanagromyza obtusa
                                                                 and leaf miners.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Yard long bean (pod)...  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Ecuador..............................  Apple..................  Species of Anastrepha    CT T107-a-1.
                                                                 (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2.
                                        pigeon pea (pod or       Epinotia aporema,
                                        shelled).                Maruca testulalis, and
                                                                 leafminers.
                                       Blueberry..............  Ceratitis capitata.....  MB T101-i-1-1.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Species of Anastrepha    CT T107-a-1.
                                        tangerine.               (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.

[[Page 168]]

 
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Pea (pod)..............  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
Egypt................................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Orange.................  Ceratitis capitata.....  CT T107-a.
                                       Pea (pod or shelled)...  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Pear...................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
El Salvador..........................  Bean, garden and lima..  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        tangerine.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Estonia..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Finland..............................  Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
France...............................  Apple, pear............  Ceratitis capitata.....  CT T107-a.
                                       Ethrog, kiwi...........  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Georgia, Republic of.................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Germany..............................  Grape..................  Lobesia botrana........  MB T101-h-2.

[[Page 169]]

 
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 E B. dorsalis, B.        a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Greece (includes Rhodes).............  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
                                       Kiwi, tangerine, ethrog  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Orange, pomegranate....  Ceratitis capitata.....  CT T107-a.
Grenada..............................  Bean (pod).............  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulais, and
                                                                 leafminers.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminrs.
Guadeloupe, Dept of (FR) and St.       Okra (pod).............  Pectinophors             MB T101-p-2.
 Barthelemy.                                                     gossypiella.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled), bean (pod).    Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Guatemala............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        plum, tangerine.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Tuna...................  Ceratitis capitata.....  MB T101-d-3.
Guyana...............................  Apple, orange..........  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Bean (pod or shelled)..  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Haiti................................  Apricot, pomegranate...  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod or shelled).        Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Hungary..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.

[[Page 170]]

 
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
India................................  Litchi (fruit).........  Bactrocera cucurbitae,   CT T107-f.
                                                                 B. dorsalis
                                                                 Eutetranychus
                                                                 orientalis.
                                       Mango..................  Plant pests of the        IR
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
Israel (includes Gaza)...............  Apple, apricot,          Ceratitis capitata.....  CT T107-a.
                                        nectarine, peach,
                                        pear, plum.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Avocado................  Bactrocera cucurbitae,   MB T101-c-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Brassica oleracea......  External feeders and     MB T101-n-2.
                                                                 leafminers.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, litchi,      Ceratitis capitata.....  CT T107-a.
                                        loquat, orange,
                                        persimmon,
                                        pomegranate, pummelo,
                                        tangerine.
                                       Horseradish root (to     Baris lepidii..........  MB T101-1-2.
                                        Hawaii).
                                       Lettuce (leaf), field    External feeders and     MB T101-n-2.
                                        grown.                   leafminers.
                                       Pea (pod or shelled)...  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Tuna (fruit)...........  Ceratitis capitata.....  MB T101-d-3.
Italy................................  Ethrog (North Atlantic   Ceratitis capitata.....  CT T107-a.
                                        ports only).
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Ceratitis capitata.....  CT T107-a.
                                        persimmon, tangerine.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
                                       Kiwi (fruit)...........  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Pea (pod or shelled)...  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Tuna (fruit)...........  Ceratitis capitata.....  MB T101-d-3.
Jamaica..............................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.

[[Page 171]]

 
                                       Ivy gourd (fruit)......  Cydia, fabivora,         MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testullis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Thyme..................  External feeders and     MB T101-n-2.
                                                                 leafminers.
Japan (includes Bonian Island,         Apple (Fuji only)......  Carposina niponensis,    CT&MB T109-a-1 or T109-
 Ryukyu, Island Ryukyu Island, Tokara                            Conogethes               a-2.
 Island, Volcano Islands).                                       punctiferalis,
                                                                 Tetranychus
                                                                 viennensis, T.
                                                                 kanzawai.
                                       Cabbage (to Hawaii)....  External feeders and     MB T101-n-2.
                                                                 leafminers.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Jordan...............................  Apple, persimmon.......  Ceratitis capitata.....  CT T107-a.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata,....  CT T107-a or MB T1011-h-
                                                                                          2-l.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
Kazakhstan...........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108a-1 or T108-a-
                                                                 B. dorsalis, B.          2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Korea, Republic of (South)...........  Apple (Fuji only)......  Carposina niponensis,    CT&MB T109-a-1 or T109-
                                                                 Conogethes               a-2.
                                                                 punctiferalis,
                                                                 Tetranychus
                                                                 viennensis, T.
                                                                 kanzawai.
Kyrgyzstan...........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Latvia...............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tyroni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Lebanon..............................  Apple..................  Ceratitis capitata.....  CT T107-a.
Libya................................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Lithuania............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Luxembourg...........................  Grape..................  Lobesia botrana........  MB T101-h-2.

[[Page 172]]

 
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Macedonia............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Martinique, Dept. of (FR)............  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Mexico...............................  Apple, cherry, peach,    Anastrepha ludens......  CT T107-b.
                                        plum, tangerine.
                                       Brassica spp.,           External feeders such    MB T101-b-1.
                                        Chenopodium spp.,        as Noctuidae spp.,
                                        cilantro.                Thrips spp. (except
                                                                 Scirtothrips dorsalis
                                                                 from Thailand),
                                                                 Copitarsia spp..
                                       Carambola..............  Species of Anastrepha    CT T107-c.
                                                                 (other than Anastrepha
                                                                 ludens).
                                       Grapefruit.............  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp.........  MB T101-j-2-1 or FHA
                                                                                          T103-a-1 or VH T106-a-
                                                                                          2.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
                                       Mango..................  Anastrepha ludens......  VH T106-a-3.
                                                                Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                                                Anastrepha ludens,       FHA T103-c-1.
                                                                 Anastrepha obliqua,
                                                                 Anastrepha serpentina.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Orange.................  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp.........  MB T101-j-2-1 or FHA
                                                                                          T103-a-1.
                                                                Anastrepha spp.          VH T106-a-4.
                                                                 (includes Anastrepha
                                                                 ludens).
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled), bean (pod or   Epinotia aporema,
                                        shelled).                Maruca testulalis.
                                       Tangerine..............  Anastrepha spp.........  MB T101-j-2-1 or FHA
                                                                                          T103-a-1 or VH T106-a-
                                                                                          1 or VH T106-a-1-1.
Moldova..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Montserrat...........................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Morocco..............................  Apricot, peach, pear,    Ceratitis capitata.....  CT T107-a.
                                        plum.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Cipollino (bulb/wild     Exosoma lusitanica.....  MB T101-w-1.
                                        onion).
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.

[[Page 173]]

 
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Ceratitis capitata.....  CT T107-a.
                                        tangerine.
Namibia..............................  Grape..................  External feeders.......  MB T104-a-1.
                                                                Cryptophlebia            CT T107-e.
                                                                 leucotreta, Ceratitis
                                                                 capitata, Ceratitis
                                                                 rosa, Epichoristodes
                                                                 acerbella.
Netherlands, Kingdom of..............  Bean, garden...........  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Netherlands Antilles (includes         Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2.
 Bonaire, Curacao, Saba, St.            pigeon pea (pod or       Epinotia aporema,
 Eustatius).                            shelled).                Maruca testulalis, and
                                                                 leafminers.
New Zealand..........................  Apple..................  Tortricidae............  MB T101-a-1.
                                       Asparagus..............  Halotydeus destructor..  MB T101-b-1-1.
                                       Pear...................  Tortricidae............  MB T101-a-1.
Nicaragua............................  Faba bean (pod), green   Cydia fabivora,          MB T101-k-2 or MB T101-
                                        bean (pod), mung bean    Epinotia aporema,        k-2-1.
                                        (pod), pea (pod).        Maruca testulalis, and
                                                                 leafminers.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp., A.
                                                                 ludens.
                                       Yard-long-bean (pod)...  Cydia fabivora,          MB T101-k-2 or MB T101-
                                                                 Epinotia aporema, and    k-2-1.
                                                                 Maruca testulalis.
Norway...............................  Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Panama and canal zone................  Bean (garden) and lima   Cydia fabivora,          MB T101-k-2 or MB T101-
                                        (pod).                   Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Anastrepha ludens......  CT T107-b.
                                        tangerine.
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Peru.................................  Asparagus..............  External feeders.......  MB T101-b-1.
                                       Bean (pod or shelled)..  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Blueberry..............  Ceratitis capitata.....  MB T101-i-1-1.
                                       Grape..................  Species of Anastrepha    CT T107-a-1.
                                                                 (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.
                                       Grapefruit, mandarins    Anastrepha fraterculus,  CT T107-a-1
                                        or tangerines, sweet     A. obliqua, A.
                                        oranges, and tangelos.   serpentina, and
                                                                 Ceratitis capitata.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Philippines..........................  Avocado................  Bactrocera cucurbitae,   MB T101-c-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Mango..................  Bactrocera occipitalis   VH T106-d-1.
                                                                 and B. philippinensis.
Poland...............................  Horseradish............  Baris lepidii..........  MB T101-1-2.
Portugal (includes Azores)...........  Bean, faba (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.

[[Page 174]]

 
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
Romania..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Ceratitis capitata,      CT T107-a.
                                                                 Eutetranychus
                                                                 orientalis.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Russian Federation...................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Saint Kitts and Nevis................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Saint Lucia..........................  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
St. Martin (France and Netherlands)..  Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Saint Vincent and the Grenadines.....  Bean (pod), pigeon pea   Cydia fabivora,          MB T101-k-2.
                                        (pod).                   Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Senegal..............................  Bean, garden (pod or     Cydia fabivora,          MB T101-k-2 or MB T101-
                                        shelled).                Epinotia aporema,        k-2-1.
                                                                 Maruca testulalis, and
                                                                 leafminers.
Slovakia.............................  Horseradish............  Baris lepidii..........  MB T101-1-2.
Slovenia.............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-l-2.
South Africa.........................  Apple, blueberry,        Ceratitis capitata.....  CT T107-a.
                                        grape, pear.
                                       Nectarine, peach, plum.  Cryptophlebia            CT T107-e.
                                                                 leucotreta and
                                                                 Pterandrus rosa.
                                       Citrus (fruit, Western   Cryptophlebia            CT T107-e.
                                        Cape Province only).     leucotreta and
                                                                 Pterandrus rosa.
Spain................................  Apple..................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.

[[Page 175]]

 
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, loquat,      Ceratitis capitata.....  CT T107-a.
                                        orange, tangerine.
                                       Horseradish............  Baris lepidii..........  MB T101-l-2.
                                       Kiwi...................  Ceratitis capitata.....  CT T107-a.
                                       Lettuce (above ground    External feeders and     MB T101-n-2.
                                        parts).                  leafminers.
                                       Ortanique (fruit)......  Ceratitis capitata.....  CT T107-a.
                                       Persimmon (fruit)......  Ceratitis capitata.....  CT T107-a.
Suriname.............................  Bean (pod or shelled)..  Cydia fabivora,          MB T101-k-2.
                                                                 Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Sweden...............................  Horseradish (to Hawaii)  Baris lepidii..........  MB T101-l-2.
Switzerland..........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-l-2.
Syrian Arab Republic.................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&T T108-a-1 or T108-a-
                                                                 B. dorsalis, B.          2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT 108-a-1 or T108-a-
                                                                 B. dorsalis, B.          2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Taiwan...............................  Carambola..............  Bactrocera cucurbitae,   CT T107-f.
                                                                 B. dorsalis,
                                                                 Eutetranychus
                                                                 orientalis.
                                       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-l-2.
                                       Litchi (including        Bactrocera dorsalis, B.  CT T107-h.
                                        clusters of fruit        cucurbitae,
                                        attached to a stem).     Conopomorpha sinensis.
                                       Mango..................  Bactrocera dorsalis....  VH T106-d.
Tajikistan...........................  Horseradish............  Baris lepidii..........  MB T101-l-2.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT 108-a-1 or T108-a-
                                                                 B. dorsalis, B.          2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Thailand.............................  Asparagus (shoot)......  Scirtothrips dorsalis..  MB T101-b-1-1.
                                       Litchi.................  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
                                       Longan.................  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.

[[Page 176]]

 
                                       Mango..................  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
                                       Mangosteen.............  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
                                       Pineapple..............  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
                                       Rambutan...............  Plant pests of the       IR.
                                                                 class Insecta except
                                                                 pupae and adults of
                                                                 the order Lepidoptera.
Trinidad and Tobago..................  Bean (shelled), pigeon   Cydia fabivora,          MB T101-k-2.
                                        pea (shelled).           Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
                                       Grapefruit, orange,      Species of Anastrepha    CT T107-c.
                                        tangerine.               (other than Anastrepha
                                                                 ludens).
                                       Okra, roselle..........  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Tunisia..............................  Ethrog.................  Ceratitis capitata.....  CT T107-a
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grapefruit, orange,      Ceratitis capitata.....  CT T107-a.
                                        tangerine.
                                       Peach, pear, plum......  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
Turkey...............................  Ethrog.................  Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Orange.................  Ceratitis capitata.....  CT T107-a.
Turkmenistan.........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Ukraine..............................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.

[[Page 177]]

 
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
United Kingdom (includes Channel       Horseradish (to Hawaii)  Baris lepidii..........  MB T101-1-2.
 Islands, Shetland Island).
Uruguay..............................  Apple, nectarine, peach  Species of Anastrepha    CT T107-a-1.
                                        pear, plum.              (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.
                                       Blueberry..............  Anastrepha fraterculus,  CT T107-a-1.
                                                                 Ceratitis capitata..
                                       Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
Uzbekistan...........................  Grape..................  Lobesia botrana........  MB T101-h-2.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-h-
                                                                                          2-1.
                                                                Ceratitis capitata,      MB T101-h-2-1.
                                                                 Lobesia botrana.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, B.          a-2 or T108-a-3.
                                                                 tryoni, Brevipalpus
                                                                 chilensis, Ceratitis
                                                                 capitata, Lobesia
                                                                 botrana.
                                       Horseradish............  Baris lepidii..........  MB T101-1-2.
Venezuela............................  Bean (pod or shelled),   Cydia fabivora,          MB T101-k-2 or MB T101-
                                        pigeon pea (pod or       Epinotia aporema,        k-2-1.
                                        shelled).                Maruca testulalis.
                                       Grape, grapefruit,       Species of Anastrepha    CT T107-a-1.
                                        orange, tangerine.       (other than Anastrepha
                                                                 ludens), Ceratitis
                                                                 capitata.
                                       Mango..................  Ceratitis capitata,      HWD T102-a.
                                                                 Anastrepha spp.,
                                                                 Anastrepha ludens.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
Zimbabwe.............................  Apple, kiwi, pear......  Ceratitis capitata.....  CT T107-a.
                                       Apricot, nectarine,      Cryptophlebia            CT T107-e.
                                        peach, plum.             leucotreta and
                                                                 Pterandrus rosa.
----------------------------------------------------------------------------------------------------------------

    (ii) Treatment for shipments from U.S. quarantine localities.

----------------------------------------------------------------------------------------------------------------
               Location                       Commodity                   Pest              Treatment schedule
----------------------------------------------------------------------------------------------------------------
Areas in the United States under       .......................  .......................   .
 Federal quarantine for the listed
 pest..
                                       Any fruit or article     All fruit fly species    IR.
                                        listed in Sec.          of the Family
                                        301.32-2(a) of this      Tephritidae.
                                        chapter.
                                       Apple..................  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp. (other   CT T107-a-1 or CT T107-
                                                                 than A. ludens).         c.
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, Ceratitis   a-2 or T108-a-3.
                                                                 capitata.
                                                                Ceratitis capitata.....  CT T107-a or MB&CT T108-
                                                                                          b.
                                       Apricot................  Anastrepha ludens......  CT T107-b.
                                                                Bactrocera dorsalis,     MB&CT T108-a-1 or T108-
                                                                 Ceratitis capitata.      a-2 or T108-a-3.
                                                                Ceratitis capitata.....  CT T107-a.
                                       Avocado................  Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, Ceratitis   a-2 or T108-a-3.
                                                                 capitata.
                                       Bay leaves.............  Phytophthora ramorum...  VCH T111-a-1
                                       Bell pepper............  Bactrocera cucurbitae,   VH T106-b-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Cherry.................  Bactrocera dorsalis,     MB&CT T108-a-1 or T108-
                                                                 Ceratitis capitata.      a-2 or T108-a-3.
                                                                Ceratitis capitata.....  CT T107-a.
                                       Citrons................  Anastrepha ludens......  CT T107-b.

[[Page 178]]

 
                                                                Ceratitis capitata.....  CT T107-a.
                                       Citrus.................  Anastrepha ludens......  FHA T103-a-1.
                                                                Anastrepha spp. (other   CT T107-a-1, CT T107-c.
                                                                 than A. ludens).
                                                                Bactrocera dorsalis....  MB&CTOFF or CT&MBOFF.
                                                                Ceratitis capitata.....  CT T107-a or MB T101-w-
                                                                                          1-2.
                                       Citrus fruit regulated   Ceratitis capitata.....  MB&CTMedfly or
                                        under Sec.  301.78-                              CTMedfly.
                                        2(a) of this chapter.
                                       Citrus fruit regulated   Anastrepha serpentina..  MBSFF.
                                        under Sec.  301.99-
                                        2(b) of this chapter.
                                       Eggplant...............  Bactrocera cucurbitae,   VH T106-b-2.
                                                                 Ceratitis capitata.
                                       Grape..................  Bactrocera cucurbitae,   CT T107-f or MB&CT T108-
                                                                 B. dorsalis, Ceratitis   a-1 or T108-a-2 or
                                                                 capitata.                T108-a-3.
                                                                Bactrocera dorsalis....  MB&CTOFF or CT&MBOFF.
                                                                Ceratitis capitata.....  MB T101-h-2-1 or CT
                                                                                          T107-a or MB&CT T108-
                                                                                          b.
                                       Grapefruit.............  Anastrepha ludens......  CT T107-b or MB T101-j-
                                                                                          2-1 or FHA T103-a-1.
                                                                Ceratitis capitata.....  CT T107-a.
                                       Kiwi...................  Ceratitis capitata.....  CT T107-a or MB T101-m-
                                                                                          2-1 or MB&CT T108-a-1
                                                                                          or T108-a-2 or T108-a-
                                                                                          3.
                                       Litchi.................  Anastrepha ludens......  CT T107-b.
                                       Longan.................  Anastrepha ludens......  CT T107-b.
                                                                Bactrocera dorsalis....  CT T107-h.
                                       Loquat.................  Ceratitis capitata.....  CT T107-a.
                                       Nectarine..............  Bactrocera dorsalis....  MB&CT T108-a-1or T108-a-
                                                                                          2 or T108-a-3.
                                                                Ceratitis capitata.....  CT T107-a or CT T107-c
                                                                                          or MB&CT T108-a-1 or
                                                                                          T108-a-2 or T108-a-3.
                                       Okra...................  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Orange.................  Anastrepha ludens......  CT T107-b MB T101-j-2-1
                                                                                          orFHA T103-a-1.
                                                                Ceratitis capitata.....  CT T107-a or CT T107-c.
                                       Optunia cactus (Optunia  Ceratitis capitata.....  MB T101-d-3.
                                        spp.).
                                       Papaya.................  Bactrocera cucurbitae,   VH T106-c VH T106-b-4
                                                                 B. dorsalis, Ceratitis   or.
                                                                 capitata.
                                       Peach..................  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp. (other   CT T107-a-1.
                                                                 than A. ludens).
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, Ceratitis   a-2 or T108-a-3.
                                                                 capitata.
                                                                Ceratitis capitata.....  CT T107-a or T107-c.
                                       Pear...................  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp. (other   CT T107-a-1.
                                                                 than A. ludens).
                                                                Bactrocera cucurbitae,   MB&CT T108-a-1 or T108-
                                                                 B. dorsalis, Ceratitis   a-2 or T108-a-3.
                                                                 capitata.
                                                                Ceratitis capitata.....  CT T107-a or CT T107-c
                                                                                          or MB&CT T108-b.
                                       Pepper, bell...........  Bactrocera cucurbitae,   VH T106-b-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Persimmons.............  Anastrepha ludens......  CT T107-b.
                                       Pineapple (other than    Bactrocera cucurbitae,   VH T106-b-5.
                                        smooth Cayenne).         B. dorsalis, Ceratitis
                                                                 capitata.
                                       Plum...................  Anastrepha ludens......  CT T107-b.
                                                                Bactrocera dorsalis....  MB&CT T108-a-1 or T108-
                                                                                          a-2 or T108-a-3.
                                                                Ceratitis capitata.....  CT T107-a or CT T107-c
                                                                                          or MB&CT T108-a-1 or
                                                                                          T108-a-2 or T108-a-3.
                                       Pomegranate............  Anastrepha ludens......  CT T107-b.
                                                                Ceratitis capitata.....  CT T107-a or CT T107-c.
                                       Pummelo................  Ceratitis capitata.....  CT T107-a.
                                       Quince.................  Anastrepha ludens......  CT T107-b.
                                                                Anastrepha spp. (other   CT T107-a-1.
                                                                 than A. ludens.

[[Page 179]]

 
                                                                Bactrocera dorsalis....  MB&CT T108-a-1 or T108-
                                                                                          a-2 or T108-a-3.
                                                                Ceratitis capitata.....  CT T107-a.
                                       Squash.................  Bactrocera cucurbitae,   VH T106-b-6.
                                                                 B. dorsalis.
                                       Tomato.................  Bactrocera cucurbitae,   VH T106-b-7.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                                                Bactrocera dorsalis....  MBOFF.
                                                                Ceratitis capitata.....  MB T101-c-3.
                                       White sapote...........  Anastrepha ludens......  CT T107-b.
Hawaii...............................  Abiu...................  Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Atemoya................  Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Avocado................  Bactrocera cucurbitae,   MB T101-c-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                                                Ceratitis capitata.....  CT T107-a.
                                                                Bactrocera cucurbitae,   CT T108-a-1 or T108-a-2
                                                                 B. dorsalis, B.          or T108-a-3.
                                                                 tryoni, Ceratitis
                                                                 capitata, Brevipalpus
                                                                 chiliensis, and
                                                                 Lobesia botrana.
                                       Banana.................  Bactrocera curcurbitae,  IR.
                                                                 Bactrocera dorsalis,
                                                                 Ceratitis capitata,
                                                                 Coccus viridis.
                                       Carambola..............  Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Capsicum spp. (peppers)  Fruit flies of the       IR.
                                                                 family Tephritidae.
                                       Citrus.................  Bactrocera cucurbitae,   FHA T103-b-1.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Cucurbita spp. (squash)  Fruit flies of the       IR.
                                                                 family Tephritidae.
                                       Eggplant...............  Fruit flies of the       IR.
                                                                 family Tephritidae.
                                       Litchi.................  Bactrocera or dorsalis,  HWI T102-d or VH T106-
                                                                 Ceratitis capitata.      f.
                                                                Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Longan.................  Bactrocera dorsalis,     HWI T102-d-1.
                                                                 Ceratitis capitata.
                                                                Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Mango..................  Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Papaya.................  Bactrocera cucurbitae,   VH T106-b-4 or VH T106-
                                                                 B. dorsalis, Ceratitis   c or FHA T103-d-2 or
                                                                 capitata.                IR.
                                       Pineapple (other than    Bactrocera cucurbitae,   IR or VH T106-b-5.
                                        smooth Cayenne).         B. dorsalis, Ceratitis
                                                                 capitata.
                                       Rambutan...............  Bactrocera dorsalis,     FHA T103-e or VH T106-
                                                                 Ceratitis capitata.      g.
                                                                Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Sapodilla..............  Bactrocera cucurbitae,   IR.
                                                                 B. dorsalis, Ceratitis
                                                                 capitata.
                                       Sweetpotato............  Euscepes postfasciatus,  MB T101-b-3-1 or Sec.
                                                                 Omphisa anastomosalis,   305.24(k) or IR.
                                                                 Elytrotreinus or
                                                                 subtruncatus.
                                       Tomato.................  Fruit flies of the       IR. MB T101-c-3.
                                                                 family Tephritidae
                                                                 Ceratitis capitata.
Puerto Rico..........................  Beans (string, lima,     Cydia fabivora,          MB T101-k-2 or MB T101-
                                        faba) and pigeon peas    Epinotia aporema,        k-2-1.
                                        (fresh shelled or in     Maruca testulalis,
                                        the pod).                Melanagromyza obtusa,
                                                                 and leafminers.
                                       Citrus fruits (orange,   Anastrepha obliqua.....  CT T107-c.
                                        grapefruit, lemon,
                                        citron, and lime).
                                       Mango..................  Anastrepha spp.,         HWD T102-a.
                                                                 Ceratitis capitata.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Sweet potato...........  External and internal    MB T101-b-3-1.
                                                                 feeders.

[[Page 180]]

 
                                       Pigeon pea (pod or       Cydia fabivora,          MB T101-k-2.
                                        shelled).                Epinotia aporema,
                                                                 Maruca testulalis, and
                                                                 leafminers.
Virgin Islands.......................  Beans (string, lima,     Cydia fabivora,          MB T101-k-2 or MB T101-
                                        faba) and pigeon peas,   Epinotia aporema,        k-2-1.
                                        in the pod.              Maruca testulalis, and
                                                                 leafminers.
                                       Citrus fruits (orange,   Anastrepha obliqua.....  CT T107-c.
                                        grapefruit, lemon,
                                        citron, and lime).
                                       Mango..................  Anastrepha spp.,         HWD T102-a.
                                                                 Ceratitis capitata.
                                       Okra (pod).............  Pectinophora             MB T101-p-2.
                                                                 gossypiella.
                                       Sweet potato...........  External and internal    MB T101-b-3-1.
                                                                 feeders.
----------------------------------------------------------------------------------------------------------------

    (i) Garbage. For treatment of garbage, see Sec. 305.33.
    (j) Grains and seeds not intended for propagation. The treatment 
schedules for which administration instructions are not provided are in 
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.23 for steam 
sterilization (SS), and Sec. 305.25 for dry heat (DH).

------------------------------------------------------------------------
         Plant material                  Pest         Treatment schedule
------------------------------------------------------------------------
Acorns..........................  Cydia splendana     MB T302-g-1 or MB
                                   and Curculio spp.   T302-g-2.
Corn seed (commercial lots).....  Various corn-       SS T510-1.
                                   related diseases.
Ear corn........................  Borers............  MB T302-a-1-1 or
                                                       DH T302-a-1-2.
Grains and seeds (guar ``gum'').  Trogoderma          MB T302-c-1 or MB
                                   granarium.          T302-c-3.
Grains and seeds................  Trogoderma          MB T302-c-2.
                                   granarium.
Grains and seeds contaminated     Pectinophora spp..  MB T301-a-1-1 or
 with cotton seed.                                     MB T301-a-1-2.
Grains and seeds................  Insects other than  MB T302-e-1 or MB
                                   Trogoderma          T302-e-2.
                                   granarium.
Grains and seeds excluding        Snails............  T302-f: Remove
 Rosmarinus seed.                                      snails through
                                                       separation by
                                                       screening or hand
                                                       removal. If not
                                                       feasible, an
                                                       inspector will
                                                       deny entry or
                                                       treat with
                                                       appropriate
                                                       schedule (See
                                                       miscellaneous
                                                       cargo in
                                                       paragraph (m) of
                                                       this section.).
Shelled corn contaminated with    Pectinophora spp..  MB T302-b-1-2 (See
 cottonseed. (Do not use shelled                       MB T301-a-1-1 or
 corn treated with T301 for food                       MB T301-a-1-2.).
 or feed.).
------------------------------------------------------------------------

    (k) Hay, baled. For treatment of baled hay for Mayetiola destructor, 
see the phosphine treatment schedule T311 in Sec. 305.7.
    (l) Khapra beetle. (1) For the heat treatment of feeds and milled 
products that are heated as a part of the processing procedure, or for 
other commodities that can be subjected to heat, and that are infested 
with khapra beetle, see treatment schedule T307-a in Sec. 305.26.
    (2) See treatment schedule T306-c-1 in Sec. 305.6 for finely ground 
oily meals and flour.
    (3) See also specific articles where the pest is Trogoderma 
granarium (khapra beetle).
    (4) See treatment schedule T302-g-1 in Sec. 305.6 for sorptive 
materials.
    (m) Miscellaneous (nonfood, nonfeed commodities or articles). The 
treatment schedules for which administration instructions are not 
provided are in Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 
305.8 for sulfuryl fluoride, Sec. 305.16 for cold treatment (CT), and 
Sec. 305.23 for steam sterilization (SS).

------------------------------------------------------------------------
            Material                     Pest         Treatment schedule
------------------------------------------------------------------------
Brassware from Bombay (Mumbai),   Trogoderma          MB T413-a or MB
 India.                            granarium.          T413-b.
Inanimate, nonfood articles.....  Gypsy moth egg      MB T414.
                                   masses.
Miscellaneous cargo (nonfood,     Quarantine          MB T402-a-1 or CT
 nonfeed commodities).             significant         T403-a-6-3.
                                   snails of the
                                   family
                                   Achatinidae,
                                   including
                                   Achatina,
                                   Archachatina,
                                   Lignus,
                                   Limicolaria.

[[Page 181]]

 
                                  Quarantine          MB T403-a-2-1 or
                                   significant         MB T403-a-2-2 or
                                   snails of the       CT T403-a-2-3.
                                   family
                                   Hygromiidae,
                                   including the
                                   following genera:
                                   Canidula,
                                   Cernuella,
                                   Cochlicella,
                                   Helicella,
                                   Helicopsis,
                                   Monacha,
                                   Platytheba,
                                   Pseudotrichia,
                                   Trochoidea,
                                   Xerolenta,
                                   Xeropicta,
                                   Xerosecta,
                                   Xerotricha.
                                  Quarantine          MB T403-a-3.
                                   significant slugs
                                   of the families
                                   Agriolimacidae,
                                   Arionidae,
                                   Limacidae,
                                   Milacidae,
                                   Philomycidae,
                                   Veronicellidae,
                                   including the
                                   following genera:
                                   Agriolimax,
                                   Arion, Colosius,
                                   Deroceras,
                                   Diplosolenodes,
                                   Leidyula, Limax,
                                   Meghimatium,
                                   Milax, Pallifera,
                                   Pseudoveronicella
                                   , Sarasinula,
                                   Semperula,
                                   Vaginulus,
                                   Veronicella.
                                  Quarantine          MB T403-a-4-1 or
                                   significant         MB T403-a-4-2 or
                                   snails of the       CT T403-a-4-3.
                                   family Helicidae,
                                   including the
                                   following genera:
                                   Caracollina,
                                   Cepaea,
                                   Cryptomphalus,
                                   Helix, Otala,
                                   Theba.
                                  Quarantine          MB T403-a-5-1 or
                                   significant         MB T403-a-5-2, or
                                   snails of the       CT T403-a-5-3.
                                   families
                                   Bradybaenidae and
                                   Succineidae,
                                   including the
                                   following genera:
                                   Bradybaena,
                                   Cathaica,
                                   Helicostyla,
                                   Omaloynyx,
                                   Succinea,
                                   Trishoplita.
                                  Quarantine          CT T403-a-6-1.
                                   significant
                                   snails sensitive
                                   to cold
                                   treatment.
                                   Members of the
                                   families
                                   Bradybaenidae,
                                   Helicidae,
                                   Helicellidae,
                                   Hygromiidae, and
                                   Succineidae,
                                   including the
                                   following genera:
                                   Bradybaena,
                                   Candidula,
                                   Cepaea, Cathaica,
                                   Cernuella,
                                   Cochlicella,
                                   Helicella,
                                   Helicostyla,
                                   Theba,
                                   Trishoplita,
                                   Trochoidea,
                                   Xerolenta,
                                   Xeropicta,
                                   Xerosecta,
                                   Xerotricha.
                                  Quarantine          CT T403-a-6-2.
                                   significant
                                   snails sensitive
                                   to cold
                                   treatment,
                                   certain members
                                   of the family
                                   Helicidae,
                                   including the
                                   genera Helix and
                                   Otala.
                                  Quarantine          CT T403-a-6-3.
                                   significant
                                   snails sensitive
                                   to cold treatment
                                   of the family
                                   Achatinidae,
                                   including the
                                   genera Achatina,
                                   Archachatina,
                                   Lignus,
                                   Limicolaria.
                                  Globodera           MB T403-c.
                                   rostochiensis.
                                  Trogoderma          MB T401-b or MB
                                   granarium.          T402-b-2.
                                  Wood borers or      See treatments for
                                   termites.           wood products in
                                                       paragraph (y) of
                                                       this section.
                                  Pieris spp. (all    MB T403-f.
                                   life stages of
                                   cabbageworms) and
                                   all other
                                   Lepidoptera,
                                   hitchhiking
                                   insects,
                                   including other
                                   than Lepidoptera.
Miscellaneous cargo (nonfood,     Quarantine          MB T403-e-1-1 or
 nonfeed commodities) that is      significant         MB T403-e-1-2.
 sorptive or difficult to          insects not
 penetrate.                        specifically
                                   provided for
                                   elsewhere in
                                   nonfood or
                                   nonfeed
                                   commodities.
Miscellaneous cargo (nonfood,     Quarantine          MB T403-e-2.
 nonfeed commodity) that is not    significant pests
 sorptive or difficult to          other than
 penetrate.                        insects
                                   (including snails
                                   of the families
                                   Helicarionidae,
                                   Streptacidae,
                                   Subulinidae, and
                                   Zonitidae, as
                                   well as other
                                   noninsect pests).
Nonfood materials...............  Ticks.............  MB T310-a or MB
                                                       T310-b or
                                                       sulfuryl fluoride
                                                       T310-d.
Nonplant articles...............  Potato cyst         MB T506-2-1 or SS
                                   nematode.           T506-2-3.
Nonplant products...............  Ants..............  MB T411.
------------------------------------------------------------------------

    (n) Plants, bulbs, corms, tubers, rhizomes, and roots. The treatment 
schedules for which administration instructions are not provided are in 
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.10 for 
combination (COM), and Sec. 305.42(c) for miscellaneous (Misc.).

[[Page 182]]



------------------------------------------------------------------------
         Plant material                  Pest         Treatment schedule
------------------------------------------------------------------------
Anchusa, Astilbe, Clematis,       Lesion nematodes    T553-2: Hot water
 Dicentra, Gardenia, Helleborus,   (Pratylenchus       dip at 118 [deg]F
 Hibiscus, Kniphofia, Primula.     spp.).              for 30 minutes.
Acalypha........................  Pratylenchus spp..  T570-1: Hot water
                                                       dip at 110 [deg]F
                                                       for 50 minutes.
Aconitum........................  Aphelenchoides      T570-2: Hot water
                                   fragariae spp.      dip at 110 [deg]F
                                                       for 50 minutes.
Allium, Amaryllis, and bulbs....  Bulb nematodes:     T552-1: Presoak
                                   Ditylenchus         bulbs in water at
                                   dipsaci, D.         75 [deg]F for 2
                                   destructor.         hours, then at
                                                       110-111 [deg]F
                                                       for 4 hours.
Amaryllis.......................  Ditylenchus         T565-1: Hot water
                                   destructor.         dip at 110 [deg]F
                                                       for 4 hours
                                                       immediately after
                                                       digging.
Aquatic plants..................  Snails of the       T201-q: Hot water
                                   families:           treatment at 112
                                   Ampullariidae,      [deg]F for 10
                                   Bulinidae,          minutes. (Elodea,
                                   Lymnaeidae,         Danes, and
                                   Planorbidae,        Cabomba
                                   Viviparidae.        caroliniana
                                                       plants not
                                                       tolerant to this
                                                       treatment.)
Armoracea (horseradish roots),    Globodera           T553-3: Hot water
 bulbs (not specifically           rostochiensis and   dip at 118 [deg]F
 provided for).                    G. pallida.         for 30 minutes.
Astilbe, Bletilla hyacinthina,    Aphelenchoides      T564-1: Presoak in
 Cimicifuga, Epimedium pinnatum,   besseyi.            water at 68
 Hosta, Paeonia.                                       [deg]F for 1 hour
                                                       followed by hot
                                                       water soak at 110
                                                       [deg]F for 1
                                                       hour. Then dip in
                                                       cold water and
                                                       let dry.
Astilbe roots...................  Brachyrhinus        MB T202-b.
                                   larvae.
Azalea..........................  Chrysomyxa spp....  T501-1: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray.
Azalea hybrid...................  Chrysomyxa spp....  T501-2: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray; or T505-
                                                       1-1: Treat with
                                                       mancozeb or other
                                                       approved
                                                       fungicide of
                                                       equal
                                                       effectiveness
                                                       according to the
                                                       label.
Banana roots....................  External feeders..  T202-c:
                                                       Pretreatment at
                                                       110 [deg]F for 30
                                                       minutes. Then,
                                                       hot water dip at
                                                       120 [deg]F for 60
                                                       minutes.
Begonia.........................  Aphelenchoides      T559-1: Dip in hot
                                   fragariae.          water at 118
                                                       [deg]F for 5
                                                       minutes.
Bletilla hyacinthina............  Aphelenchoides      T553-4: Dip in hot
                                   fragariae.          water at 118
                                                       [deg]F for 30
                                                       minutes.
Bromeliads......................  External feeders..  MB T201-e-1.
                                  Internal feeders    MB T201-e-2.
                                   such as borers
                                   and miners.
                                  Phyllosticta        T507-1: Remove
                                   bromeliae Uredo     infested leaves
                                   spp.                and treat all
                                                       plants of same
                                                       species in
                                                       shipment with
                                                       Captan following
                                                       label directions.
Cacti and other succulents......  External feeders    MB T201-f-1.
                                   (other than soft
                                   scales) infesting
                                   collected dormant
                                   and nondormant
                                   plant material.
                                  Borers and soft     MB T201-f-2.
                                   scales.
Calla (rhizomes)................  Meloidogyne spp...  T556-1: Dip in hot
                                                       water at 122
                                                       [deg]F for 30
                                                       minutes.
Camellia (light infestation)....  Cylindrosporium     Light infestation:
                                   camelliae.          T509-1-1: Remove
                                                       infested leaves
                                                       and dip or spray
                                                       plant with 4-4-50
                                                       Bordeaux. Dry
                                                       quickly and
                                                       thoroughly. Heavy
                                                       infestation: An
                                                       inspector will
                                                       refuse entry.
Christmas tree..................  Phoma chrysanthemi  T501-5: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray.
Chrysanthemum...................  Phoma chrysanthemi  T501-4: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray.
Chrysanthemum rooted and          Aphids............  MB T201-g-1.
 unrooted cuttings.
                                  External feeders..  COM T201-g-2.
                                  Leafminers,         T201-g-3: Dip in
                                   aphids, mites,      hot water at 110-
                                   etc.                111 [deg]F for 20
                                   (Chrysanthemum      minutes.
                                   spp. from
                                   Dominican
                                   Republic and
                                   Colombia when
                                   infested with
                                   Agromyzid
                                   leafminers
                                   requires no
                                   treatment unless
                                   destined to
                                   Florida.).
Chrysanthemum (not including      Meloidogyne spp.    T557-1: Dip in hot
 Pyrethrum).                       and Pratylenchus    water at 118
                                   spp.                [deg]F for 25
                                                       minutes.

[[Page 183]]

 
Commodities infested with.......  Slugs of the        MB T201-l.
                                   families
                                   Agriolimacidae,
                                   Arionidae,
                                   Limacidae,
                                   Milacidae,
                                   Philomycidae,
                                   Veronicellidae,
                                   including the
                                   following genera:
                                   Agriolimax,
                                   Arion, Colosius,
                                   Deroceras,
                                   Diplosolenodese,
                                   Leidyula, Limax,
                                   Meghimatium,
                                   Milax, Pallifera,
                                   Pseudoveronicella
                                   , Sarasinula,
                                   Semperula,
                                   Vaginulus,
                                   Veronicella.
Convallaria.....................  Globodera           T551-1: Keep the
                                   rostochiensis and   pips frozen until
                                   G. pallida.         time for
                                                       treatment. Then
                                                       thaw enough to
                                                       separate bundles
                                                       just before
                                                       treatment begins.
                                                       Without
                                                       preliminary
                                                       warmup, immerse
                                                       in hot water at
                                                       118 [deg]F for 30
                                                       minutes.
Crocus..........................  Aphelenchoides      T565-2: Hot water
                                   subtenuis,          at 110 [deg]F for
                                   Ditylenchus         4 hours
                                   destructor.         immediately after
                                                       digging.
Cycads (except Dioon edule).....  External feeders..  MB T201-h-1.
Deciduous woody plants (dormant)  External feeders..  MB T201-a-1.
                                  Gypsy moth egg      MB T313-a or MB
                                   masses.             T313-b.
                                  Mealybugs.........  MB T305-c.
Deciduous woody plants            Borers, Citrus      MB T201-a-2 or MB
 (dormant), root cuttings, scion   whitefly hosts.     T201-k-1.
 wood cuttings, and nonfoliated
 citrus whitefly host: Acer,
 Berberis, Fraxinus,
 Philadelphus, Rosa, Spiraea,
 Syringa.
Dioon edule.....................  External feeders..  MB T201-h-2.
Dieffenbachia, Dracaena,          External feeders..  MB T201-i-1.
 Philodendron (plants and
 cuttings).
                                  Internal feeders..  MB T201-i-2.
Evergreens (Azalea, Berberis,     External feeders..  MB T201-b-1.
 Camellia, Cedrus, Cupressus,
 Ilex, Juniperus, Photinia,
 Podocarpus, Thuja, and Taxus).
Exceptions:
    Araucaria...................  External feeders..  MB T201-c-1.
    Azalea indica...............  External feeders..  MB T201-c-2.
    Cycads......................  External feeders..  MB T201-l.
    Hosts.......................  Dialeurodes citri.  MB T201-k-1.
    Daphne......................  External feeders..  MB T201-c-1.
    Lavandula...................  External feeders..  Misc. T201-p-1.
    Osmanthus americanus........  External feeders..  COM T201-p-2.
    Pinus (Canada to certain      ..................  MB T201-j.
     States).
    Peanuts.....................  Gypsy moth egg      MB T313-a.
                                   masses.
Foliated host plants of           Dialeurodes citri.  MB T201-k-1.
 Dialeurodes citri, excluding
 Osmanthus americanus.
Fragaria (strawberry)...........  Aphelenchoides      T569-1: Hot water
                                   fragariae.          at 121 [deg]F for
                                                       7 minutes.
                                  Pratylenchus spp..  T558-1: Dip in hot
                                                       water at 127
                                                       [deg]F for 2
                                                       minutes.
Garlic (see Sec.  319.37-6(c)).  Brachycerus spp.    MB T202-j.
                                   and Dyspessa
                                   ulula.
Gentiana........................  Septoria gentianae  T507-2: Remove
                                                       infested leaves
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with
                                                       Captan following
                                                       label directions.
Gladiolus.......................  Taeniothrips        MB T202-e-1 or MB
                                   simplex.            202-e-2.
                                  Ditylenchus         T565-3: Hot water
                                   destructor.         at 110 [deg]F for
                                                       4 hours
                                                       immediately after
                                                       digging.
Greenhouse-grown plants,          External feeders,   MB T201-c-1.
 herbaceous plants and cuttings,   leafminers,
 greenwood cuttings of woody       thrips.
 plants.
                                  Borers and soft     MB T201-c-2.
                                   scales.
Exceptions:
    Bromeliads..................  External feeders..  MB T201-e-3-1.
    Cacti and other succulents..  External feeders..  MB T201-j.
    Chrysanthemum...............  External feeders..  MB T201-g-1.
    Cycads......................  External feeders..  MB T201-1.
    Cyclamen....................  Mites.............  MB T201-a-2.
    Dieffenbachia, Dracaena, and  External feeders..  MB T201-i-1.
     Philodendron.
    Kalanchoe synsepala.........  Quarantine pests,   Misc. T201-p-1.
                                   excluding scale
                                   insects.
    Lavandula...................  Quarantine pests..  COM T201-p-2.
    Orchids.....................  Dialeurodes citri.  MB T201-k-2.

[[Page 184]]

 
    Osmanthus americanus........  Quarantine pests..  Misc. T201-p-1.
    Pelargonium.................  Quarantine pests..  Misc. T201-p-1.
    Sedum adolphi...............  Quarantine pests..  Misc. T201-p-1.
    Plants infested with........  Succinea horticola  T201-o-1: Use a
                                                       high-pressure
                                                       water spray on
                                                       the foliage to
                                                       flush snails from
                                                       the plants. The
                                                       run-off drain
                                                       must be screened
                                                       to catch snails
                                                       before drainage
                                                       into the sewer
                                                       system.
    Plants infested with........  Veronicella or      MB T201-1.
                                   other slugs.
Horseradish roots from the        External feeders..  MB T202-f.
 countries of Armenia,
 Azerbaijan, Belarus, Bosnia,
 Herzegovina, Croatia, Czech
 Republic, Estonia, Georgia,
 Germany, Hungary, Italy,
 Kazakhstan, Kyrgyzstan, Latvia,
 Lithuania, Macedonia, Moldova,
 Poland, Russia, Serbia and
 Montenegro, Slovakia, Slovenia,
 Tajikistan, Turkmenistan,
 Ukraine, and Uzbekistan.
Host plants of Aleurocanthus      Aleurocanthus       MB T201-n.
 woglumi.                          woglumi.
Host plants of Omalonyx unguis    Omalonyx unguis     T201-o-1: Use a
 and Succinea.                     and Succinea spp.   high-pressure
                                   (snails).           water spray on
                                                       the foliage to
                                                       flush snails from
                                                       the plants. The
                                                       run-off drain
                                                       must be screened
                                                       to catch snails
                                                       before drainage
                                                       into the sewer
                                                       system; or T201-o-
                                                       2: Dip plants
                                                       with solution
                                                       prepared by
                                                       adding 3 level
                                                       tablespoons of 25
                                                       percent Malathion
                                                       wettable powder
                                                       and 6 level
                                                       teaspoons of 50
                                                       percent carbaryl
                                                       wettable powder
                                                       per gallon of
                                                       water with a
                                                       sticker-spreader
                                                       formulation.
Humulus.........................  Heterodera humuli.  T553-5: Hot water
                                                       at 118 [deg]F for
                                                       30 minutes.
Hyacinthus (bulbs), Iris (bulbs   Ditylenchus         T554-1-1: Presoak
 and rhizomes), Tigridia.          dipsaci and D.      in water at 70-80
                                   destructor.         [deg]F for 2.5
                                                       hours followed by
                                                       hot water
                                                       immersion at 110-
                                                       111 [deg]F for 1
                                                       hour; or T554-1-
                                                       2: Hot water
                                                       immersion at 110-
                                                       111 [deg]F for 3
                                                       hours with no
                                                       presoaking.
Lilium (bulbs)..................  Aphelenchoides      T566-3: Completely
                                   fragariae.          submerge in hot
                                                       water at 102
                                                       [deg]F.
Lily bulbs packed in subsoil....  Internal feeders..  MB T202-g.
Lycoris.........................  Taeniothrips        MB T202-h.
                                   eucharii.
Muscari, Ornithogalum,            Ditylenchus         T567-1: Dip in hot
 Polianthes (tuberose).            dipsaci.            water at 113
                                                       [deg]F for 4
                                                       hours.
Narcissus.......................  Steneotarsonemus    MB T202-i-1; or MB
                                   laticeps.           T202-i-2; or T202-
                                                       i-3: Hot water at
                                                       110-111 [deg]F
                                                       for 1 hour after
                                                       bulbs reach 110
                                                       [deg]F pulp
                                                       temperature.
                                                       Apply hot water
                                                       within 1 month
                                                       after normal
                                                       harvest as injury
                                                       to flower bud may
                                                       occur.
                                  Ditylenchus         T555-1: Presoak in
                                   dipsaci.            water at 70-80
                                                       [deg]F for 2
                                                       hours; then at
                                                       110-111 [deg]F
                                                       until all bulbs
                                                       reach that
                                                       temperature and
                                                       hold for 4 hours.
Nonfoliated host plants of        Dialeurodes citri.  MB T201-k-2.
 Dialeurodes citri, excluding
 Osmanthus americanus.
Orchids.........................  Ascochyta spp.....  T513-1: Defoliate
                                                       if leaf-borne
                                                       only; inspector
                                                       will refuse entry
                                                       if pseudo-bulbs
                                                       infested.
                                  Cercospora spp....  T501-3: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray.
                                  Hemileia spp.,      Light infestation:
                                   Leptosphaeria       T509-2-1: Remove
                                   spp.,               infested leaves
                                   Mycosphaerella      and treat plant
                                   spp.,               with 4-4-50
                                   Ophiodothella       Bordeaux dip or
                                   orchidearum,        spray. Dry
                                   Phomopsis           quickly and
                                   orchidophilia,      thoroughly. Heavy
                                   Phyllachora spp.,   infestation: An
                                   Phyllosticta        inspector will
                                   spp., Sphenospora   refuse entry.
                                   spp.,
                                   Sphaerodothis
                                   spp., Uredo spp.
                                   (except U.
                                   scabies).
Orchids, plants and cuttings      External feeders    MB T201-d-1.
 (see MB T305-c for mealybugs).    (other than soft
                                   scales).
Orchids, plants and cuttings....  External feeders    MB T201-d-2.
                                   (other than soft
                                   scales) infesting
                                   greenhouse grown
                                   plant material.

[[Page 185]]

 
                                  Borers, cattleya    MB T201-d-3.
                                   fly,
                                   Mordellistena
                                   spp., soft
                                   scales, Vinsonia
                                   spp.
                                  Cecidomyid galls..  T201-d-4:Excise
                                                       all galls.
                                  Leaf miner,         T201-d-5: Hot
                                   Eurytoma spp.       water dip at 118
                                   infesting           [deg]F for \1/2\
                                   Rhynchostylis.      hour followed by
                                                       a cool water
                                                       bath.
Orchids to Florida..............  Rusts.............  T508-1: An
                                                       inspector will
                                                       refuse entry of
                                                       all infested
                                                       plants and all
                                                       other plants of
                                                       the same species
                                                       or variety in the
                                                       shipment. Other
                                                       orchid species in
                                                       the shipment that
                                                       may have become
                                                       contaminated must
                                                       be treated with
                                                       Captan. Repackage
                                                       treated orchids
                                                       in clean shipping
                                                       containers.
Oryza (paddy rice)..............  Aphelenchoides      T559-2: Dip in hot
                                   fragariae.          water at 132.8
                                                       [deg]F for 15
                                                       minutes.
Pineapple slips.................  Various...........  MB T201-e-3-1 or
                                                       MB T201-e-3-2.
Pines (Pinus spp.) from Canada    Rhyacionia          MB T201-j.
 and destined to California,       buoliana.
 Idaho, Oregon, or Utah.
 Precautionary treatment for
 pine trees and twigs and
 branches of all Pinus spp.,
 except that Christmas trees and
 other pine decorative materials
 are exempt from treatment from
 November 1-December 31.
Plant cuttings:
    Scion wood..................  External feeders..  MB T201-m-1.
    Greenwood cuttings of woody   External feeders..  MB T201-m-2.
     plants and herbaceous plant
     cuttings.
    Root cuttings...............  External feeders..  MB T201-m- or MB
                                                       T201-m-4.
    Exceptions to plant                               ..................
     cuttings:
        Avocado.................  External feeders..  COM T201-p-1.
        Chrysanthemum...........  External feeders..  MB T201-g-1.
        Dieffenbachia...........  External feeders..  MB T201-i-1.
        Dracaena................  External feeders..  MB T201-i-2.
        Lavandula...............  External feeders..  COM T201-p-1.
        Orchids.................  External feeders..  MB T201-k-2.
        Philodendron............  External feeders..  MB T201-i-1.
Plant material not tolerant to    Actionable pests..  COM T201-p-1.
 fumigation.
Rhododendron....................  Chrysomyxa spp....  T501-6: Remove
                                                       infested parts
                                                       and treat all
                                                       plants of same
                                                       species in
                                                       shipment with 4-4-
                                                       50 Bordeaux dip
                                                       or spray; or T505-
                                                       2-1: Treat with
                                                       mancozeb or other
                                                       approved
                                                       fungicide of
                                                       equal
                                                       effectiveness
                                                       according to the
                                                       label
                                                       instructions.
Rosa (except multiflora)........  Meloidogyne spp...  T560-1: Dip in hot
                                                       water at 123
                                                       [deg]F for 10
                                                       minutes.
Selaginella.....................  External feeders..  MB T202-a-1 or MB
                                                       T202-a-2.
                                  Internal feeders..  MB T202-a-3.
Senecio (Lingularis)............  Aphelenchoides      T568-1: Treat with
                                   fragariae.          hot water at 110
                                                       [deg]F for 1
                                                       hour.
Scilla..........................  Ditylenchus         T565-4: Hot water
                                   dipsaci.            at 110 [deg]F for
                                                       4 hours
                                                       immediately after
                                                       digging.
Solanum (potato tubers).........  Globodera           T565-5: Hot water
                                   rostochiensis, G.   at 110 [deg]F for
                                   pallida.            4 hours
                                                       immediately after
                                                       digging.
Various plant commodities.......  Meloidogyne spp...  T553-1: Hot water
                                                       at 118 [deg]F for
                                                       30 minutes.
Yams and sweet potatoes.........  ..................  MB T202-d.
------------------------------------------------------------------------

    (o) Railroad cars (empty). The treatment schedules for which 
administration instructions are not provided are in Sec. 305.6 for 
methyl bromide (MB) fumigation.

------------------------------------------------------------------------
                  Pest                          Treatment schedule
------------------------------------------------------------------------
Globodera rostochiensis................  T406-c, steam cleaning: Steam
                                          at high pressure until all
                                          soil is removed. Treated
                                          surfaces must be thoroughly
                                          wet and heated.
Pectinophora gossypiella...............  MB T401-a.

[[Page 186]]

 
Trogoderma granarium...................  MB T401-b.
Nematode cysts.........................  T401-c, high pressure steam
                                          cleaning; or formaldehyde
                                          wetting spray (one part 40
                                          percent commercial formalin to
                                          9 parts water).
------------------------------------------------------------------------

    (p) Rice straw and hulls. The treatment schedules for which 
administration instructions are not provided are in Sec. 305.25 for dry 
heat (DH), Sec. 305.6 for methyl bromide (MB) fumigation, and Sec. 
305.23 for steam sterilization (SS).

------------------------------------------------------------------------
         Plant material                  Pest         Treatment schedule
------------------------------------------------------------------------
Articles made with rice straw...  Fungal diseases of  DH T303-d-1 or SS
                                   rice or internal    T303-b-1 or SS
                                   feeders.            T303-d-2.
Articles made with rice straw     Internal feeders..  MB T303-d-2-2 or
 for indoor use only.                                  MB T303-d-2-3.
Brooms made of rice straw.......  Various rice-       DH T518-1.
                                   related diseases.
Closely packed rice straw and     Various rice-       SS T519-1.
 hulls.                            related diseases.
Loose rice straw and hulls......  Various rice-       SS T519-2.
                                   related diseases.
Novelties made of rice straw....  Various rice-       DH T518-2-1 or SS
                                   related-diseases.   T518-2-2.
Rice straw and hulls imported     Fungal diseases of  SS T303-b-1 or SS
 for purposes other than           rice.               T303-b-2.
 approved processing.
Rice straw and hulls imported in  Fungal diseases of  DH T303-c-1.
 small lots of 25 pounds or less.  rice.
------------------------------------------------------------------------

    (q) Seeds. The treatment schedules for which numbers are specified 
and administration instructions are not provided are in Sec. 305.10 for 
combination (COM) treatments, Sec. 305.25 for dry heat (DH), Sec. 
305.6 for methyl bromide (MB) fumigation, Sec. 305.7 for phosphine 
(PH), and Sec. 305.24 for vapor heat (VH).
    (1) Seeds other than noxious weed seeds.

------------------------------------------------------------------------
          Type of seeds                  Pest         Treatment schedule
------------------------------------------------------------------------
Alfalfa (Medicago sativa) from    Verticillium albo-  T520-1-1: Dust
 Europe.                           atrum.              with 75 percent
                                                       Thiram at the
                                                       rate of 166 grams
                                                       per 50 kilograms
                                                       of seed (3.3g/
                                                       kg); or T520-1-2:
                                                       Treat with a
                                                       slurry of Thiram
                                                       75 WP at a rate
                                                       of 166 grams per
                                                       360 milliliters
                                                       of water per 50
                                                       kilograms of seed
                                                       (3.3 g pesticide/
                                                       7.2 ml water/kg
                                                       seed).
Avocado (no pulp)...............  Conotrachelus       MB T203-m.
                                   spp., Heilipus
                                   lauri,
                                   Caulophilus
                                   latinasus,
                                   Copturus
                                   aguacatae,
                                   Stenoma catenifer.
Casuarina.......................  Bootanomyia spp...  MB T203-o-l.
Chestnut and acorn..............  Internal feeders..  MB T203-e.
Citrus (Rutaceae family)........  Citrus canker.....  COM T203-p; or for
                                                       seed from regions
                                                       where citrus
                                                       canker occurs,
                                                       COM T511-1.
Conifer (species with small       External feeders..  MB T203-i-1.
 seeds, such as Picea spp.,
 Pinus sylvestris, and Pinus
 mugo).
Conifer (species with small       Internal feeders..  MB T203-i-2.
 seeds, such as Picea spp.,
 Pinus sylvestris, and Pinus
 mugo and nutlike seeds or
 tightly packed seeds so as to
 make fumigant penetration
 questionable).
Corn (small lots for propagation  Various corn-       T510-2: Treat
 but not for food, feed, or oil    related diseases.   seeds with a dry
 purposes).                                            application of
                                                       Mancozeb in
                                                       combination with
                                                       Captan. Disinfect
                                                       small bags
                                                       containing corn
                                                       (bags weighing 60
                                                       pounds or less)
                                                       only with: (1)
                                                       Dry heat at 212
                                                       [deg]F for 1
                                                       hour; or (2)
                                                       steam at 10
                                                       pounds pressure
                                                       at a minimum of
                                                       240 [deg]F for 20
                                                       minutes. Note:
                                                       Bags with plastic
                                                       liners must be
                                                       opened prior to
                                                       treatment.
Cottonseed (bagged, packaged, or  External feeders..  MB T203-f-1 or MB
 bulk).                                                T203-f-2 or MB
                                                       T203-f-3 or PH
                                                       T203-f-4.

[[Page 187]]

 
Hevea brasiliensis..............  Seed boring         MB T203-j.
                                   insects.
Pods and seeds of kenaf,          Internal feeders..  MB T203-g-1 or MB
 hibiscus, and okra.                                   T203-g-2 or PH
                                                       T203-g-3.
Leguminosae=Fabaceae............  Bruchophagus spp.   MB T203-o-3.
                                   and Eurytoma spp..
                                  Caryedon spp......  MB T203-c or MB
                                                       T203-a-2.
                                  Caryedon spp. (in   MB T203-o-4-1 or
                                   or with, etc.).     MB T203-o-4-2.
Lonicera and other seeds........  Rhagoletis cerasi   MB T203-o-5.
                                   pupae (Diptera:
                                   Tephritidae).
Macadamia nut...................  Cryptophlebia       MB T203-k.
                                   illepida.
Rosmarinus......................  Juvenile Helicella  MB T203-h.
                                   spp. (snails) or
                                   internal feeders.
Umbelliferae....................  Systole spp.......  MB T203-o-2.
Vicia spp., excluding seeds of    Bruchidae.........  MB T203-d-1.
 Vicia faba.
Vicia spp., including seeds of    Bruchidae.........  MB T203-d-2.
 Vicia faba.
Seeds...........................  Trogoderma          MB T203-l.
                                   granarium.
Seeds (excluding seeds of Vicia   Bruchidae           MB T203-b.
 spp.).                            excluding
                                   Caryedon spp. at
                                   NAP.
Seeds not specifically listed...  External feeders..  MB T203-a-1.
                                  Internal feeders..  MB T203-a-2.
Seeds with infested pulp........  Fruit flies and     T203-n: Place seed
                                   other pulp          in wire basket.
                                   infesting insects.  Immerse in 118-
                                                       125 [deg]F water
                                                       for 25 minutes.
                                                       Remove pulp from
                                                       seed under
                                                       running tap
                                                       water.
------------------------------------------------------------------------

    (2) Noxious weed seeds (devitalization treatment).

------------------------------------------------------------------------
               Weed seeds                       Treatment schedule
------------------------------------------------------------------------
Asphodelus fistulosus, Digitaria spp.,   DH T412-a.
 Oryza spp., Paspalum scrobiculatum,
 Prosopis spp., Solanum viarum, Striga
 spp., Urochloa panicoides.
Cuscuta spp............................  DH T412-b-1 or VH T412-b-2.
------------------------------------------------------------------------

    (r) Ships, containers, and surrounding area. The treatment schedules 
for which administration instructions are not provided are in Sec. 
305.6 for methyl bromide (MB) fumigation.

------------------------------------------------------------------------
             Product                     Pest         Treatment schedule
------------------------------------------------------------------------
Asphalt surfaces and asphalt-     Trogoderma          T402-b-3-2:
 base painted surfaces.            granarium.          Prepare 3 percent
                                                       spray by adding 1
                                                       pound of 25
                                                       percent malathion
                                                       wettable powder
                                                       to each gallon of
                                                       water. Spray at 2
                                                       gal/1000 ft \2\
                                                       or to the point
                                                       of runoff.
Piers and barges................  Globodera           T406-c, steam
                                   rostochiensis.      cleaning: Steam
                                                       at high pressure
                                                       until all soil is
                                                       removed. Treated
                                                       surfaces must be
                                                       thoroughly wet
                                                       and heated.
Metal and wood surfaces such as   Trogoderma          T402-b-3-1:
 decks, bulkheads, piers, and      granarium.          Prepare 3 percent
 other areas not subject to                            spray by mixing
 fumigations.                                          \1/2\ pint
                                                       emulsifiable
                                                       concentrate (57
                                                       percent premium
                                                       grade malathion)
                                                       per gallon of
                                                       water. Spray at 2
                                                       gal/1000 ft \2\
                                                       or to the point
                                                       of runoff.
Ship holds and any nonplant       Quarantine          MB T402-a-1.
 cargo material within holds.      significant
                                   snails of the
                                   family
                                   Achatinidea,
                                   including the
                                   following genera:
                                   Achatina,
                                   Archachatina,
                                   Lignus,
                                   Limicolaria.
Ship holds and any nonplant       Quarantine          MB T402-a-2.
 cargo material within holds.      significant
                                   snails of the
                                   family
                                   Hygromiidae,
                                   including the
                                   following genera:
                                   Canidula,
                                   Cernuella,
                                   Cochlicella,
                                   Helicella,
                                   Helicopsis,
                                   Monacha,
                                   Platytheba,
                                   Pseudotrichia,
                                   Trochoidea,
                                   Xerolenta,
                                   Xeropicta,
                                   Xerosecta,
                                   Xerotricha.

[[Page 188]]

 
Ship holds and any nonplant       Quarantine          MB T402-a-3.
 cargo material within holds.      significant
                                   snails of the
                                   families
                                   Helicidae and
                                   Succineidae,
                                   including the
                                   following genera:
                                   Caracollina,
                                   Cepaea,
                                   Cryptomphalus,
                                   Helix, Omalonyx,
                                   Otala, Succinea,
                                   Theba.
Ship holds and storerooms with    Trogoderma          MB T402-b-1.
 loosely packed material.          granarium.
Ship holds and storerooms with    Trogoderma          MB T402-b-2.
 tightly packed material.          granarium.
------------------------------------------------------------------------

    (s) Skins (goatskins, lambskins, and sheepskins). The treatment 
schedules for which administration instructions are not provided are in 
Sec. 305.6 for methyl bromide (MB) fumigation.

------------------------------------------------------------------------
                  Pest                          Treatment schedule
------------------------------------------------------------------------
Trogoderma granarium...................  MB T416-a-1 or MB T416-a-2 or
                                          MB T416-a-3.
------------------------------------------------------------------------

    (t) Soil. The treatment schedules for which numbers are specified 
and administration instructions are not provided are in Sec. 305.6 for 
methyl bromide (MB) fumigation, Sec. 305.23 for steam sterilization 
(SS), and Sec. 305.25 for dry heat (DH).

------------------------------------------------------------------------
             Product                     Pest              Treatment
------------------------------------------------------------------------
Herbarium specimens of mosses     Precautionary.....  MB T408-e-1.
 and liverworts in soil and
 originating in golden nematode
 free countries.
Herbarium specimens of mosses     Globodera           MB T408-e-2.
 and liverworts in soil and        rostochiensis.
 originating in golden nematode
 free countries.
Soil............................  Potato cyst         MB T502-3.
                                   nematode.
Soil............................  Various pests and   DH T408-a.
                                   pathogens found
                                   in soil
                                   (including
                                   Striga).
                                  Various pests and   SS T408-b.
                                   pathogens found
                                   in soil.
Soil (friable and moist, but not  Globodera           MB T408-c-2.
 wet and not more than 12 inches   rostochiensis.
 in depth).
Soil............................  Insects...........  T408-d-1:
                                                       Screening through
                                                       16 mesh screens
                                                       will remove most
                                                       larvae and pupae,
                                                       except smaller
                                                       types; or T408-d-
                                                       2: Freezing--0
                                                       [deg]F for 5
                                                       days.
Soil (friable and moist, but not  Globodera           MB T408-c-1.
 wet and not more than 12 inches   rostochiensis.
 in depth) in containers with
 dimensions that do not exceed
 24 inches.
Soil on equipment...............  Various pests and   T408-b-1 (steam
                                   pathogens found     cleaning): Steam
                                   in soil.            at high pressure
                                                       until all soil is
                                                       removed. Treated
                                                       surfaces must be
                                                       thoroughly wet
                                                       and heated.
Soil contaminated equipment       Soil fungi,         T408-f, steam
 (precautionary treatment).        nematodes, and      cleaning: Steam
                                   certain soil        at high pressure
                                   insects.            until all soil is
                                                       removed. Treated
                                                       surfaces must be
                                                       thoroughly wet
                                                       and heated.
Soil contaminated non-food or     Striga............  MB T408-g-1 or MB
 non-feed commodities (soil must                       T408-g-2.
 be friable and or moist, but
 not wet, and must not exceed 12
 inches in dimension).
------------------------------------------------------------------------

    (u) Sugarcane.

[[Page 189]]



------------------------------------------------------------------------
             Product                     Pest         Treatment schedule
------------------------------------------------------------------------
Saccharum (seed pieces).........  Xanthomonas         T514-1: Presoak in
                                   albilineans and     water at room
                                   X. vasculorum.      temperature for
                                                       24 hours. Then
                                                       immerse in water
                                                       at 122 [deg]F for
                                                       3 hours.
Saccharum (true seed fuzz)......  ..................  T514-2: Immerse in
                                                       0.525 percent
                                                       sodium
                                                       hypochlorite
                                                       solution for 30
                                                       minutes followed
                                                       by at least 8
                                                       hours air drying
                                                       before packaging
                                                       (Dilute 1 part
                                                       Clorox or similar
                                                       solution
                                                       containing 5.25
                                                       percent sodium
                                                       hypochlorite; if
                                                       using ultra
                                                       strength chlorine
                                                       bleach, use only
                                                       \3/4\ as much
                                                       bleach).
Saccharum (bagasse).............  ..................  T514-3: Dry heat
                                                       treatment for 2
                                                       hours at 158
                                                       [deg]F.
Sugarcane (baled)...............  Various sugarcane-  T515-1: Introduce
                                   related diseases.   live steam into
                                                       25[sec] vacuum
                                                       until pressure
                                                       reaches 15 to 20
                                                       pounds. Hold
                                                       until center of
                                                       bale is 220-230
                                                       [deg]F and
                                                       maintain for 30
                                                       minutes.
Sugarcane (loose)...............  ..................  T515-2-1:
                                                       Introduce steam
                                                       into 25 vacuum (or if
                                                       with initial
                                                       vacuum, ``bleed''
                                                       air until steam
                                                       vapor fills
                                                       chamber).
                                                      T515-2-3: Dry heat
                                                       at 212 [deg]F for
                                                       1 hour.
                                                      T515-2-4: Remove
                                                       the pulp in water
                                                       at 190-205
                                                       [deg]F, followed
                                                       by drying at 212
                                                       [deg]F for 1
                                                       hour.
                                                      T515-2-5: Flash
                                                       heated to 1,000
                                                       [deg]F (Arnold
                                                       dryer).
------------------------------------------------------------------------

    (v) Wood articles including containers, oak logs and lumber, 
Christmas trees. The treatment schedules for which administration 
instructions are not provided are in Sec. 305.6 for methyl bromide (MB) 
fumigation, Sec. 305.8 for sulfuryl fluoride (SF), and Sec. 305.28 for 
kiln sterilization (KS).

------------------------------------------------------------------------
            Material                     Pest         Treatment schedule
------------------------------------------------------------------------
Cut conifer Christmas trees.....  Lymantria dispar    MB T313-a.
                                   egg masses.
Cut pine Christmas trees and      Tomicus piniperda.  MB T313-b.
 pine logs.
Wood surfaces (can be combined    ..................  SF T404-c-2.
 with other surfaces such as
 metal or concrete).
Wood surfaces (can be combined    Borers (wood        T404-b-5-1: (1)
 with other surfaces such as       wasps,              The spray must be
 metal or concrete).               cerambycids, and    applied by or
                                   Dinoderus).         under the
                                                       supervision of
                                                       pest control
                                                       operators or
                                                       other trained
                                                       personnel
                                                       responsible for
                                                       insect control
                                                       programs; (2)
                                                       prepare the spray
                                                       by thoroughly
                                                       mixing 79 ml (2\2/
                                                       3\ fluid ounces)
                                                       of Dursban 4E
                                                       with water for a
                                                       total of 1 gallon
                                                       of mixture
                                                       (equivalent to
                                                       2.1 gallons in
                                                       100 gallons of
                                                       water); and (3)
                                                       apply as a 1
                                                       percent
                                                       chlorpyrifos
                                                       spray with
                                                       suitable hand- or
                                                       power-operated
                                                       ground spray
                                                       equipment to the
                                                       point of runoff.
Oak logs........................  Oak wilt disease..  MB T312-a.
Oak lumber......................  Oak wilt disease..  MB T312-b.
Wood products including           Borers (wood        MB T404-b-1-1 or
 containers.                       wasps,              MB T404-b-1-2 or
                                   cerambycids, and    SF T404-b-2 or KS
                                   Dinoderus).         T404-b-4.
                                  Globodera           MB T404-a.
                                   rostochiensis.
                                  Termites..........  MB T404-c-1-1 or
                                                       MB T404-c-1-2.
                                  Borers and          MB T404-d.
                                   Trogoderma
                                   granarium.
------------------------------------------------------------------------


[[Page 190]]


[70 FR 33269, June 7, 2005, as amended at 70 FR 36332, June 23, 2005; 70 
FR 72886, Dec. 8, 2005; 71 FR 4459, Jan. 27, 2006; 71 FR 25494, May 1, 
2006; 71 FR 55089, Sept. 21, 2006; 72 FR 10907, Mar. 12, 2007; 72 FR 
8088, Feb. 23, 2007; 72 FR 34175, June 21, 2007; 72 FR 39498, July 18, 
2007; 72 FR 52779, Sept. 17, 2007; 72 FR 51988, Sept. 12, 2007; 73 FR 
35212, June 20, 2008; 73 FR 30273, May 27, 2008; 73 FR 32439, June 9, 
2008; 73 FR 35212, June 20, 2008]



Sec. 305.3  Monitoring and certification of treatments.

    (a) All treatments approved under part 305 are subject to monitoring 
and verification by APHIS.
    (b) Any treatment performed outside the United States must be 
monitored and certified by an inspector or an official from the national 
plant protection organization (NPPO) of the exporting country. If 
monitored and certified by an official of the NPPO of the exporting 
country, the treated commodities must be accompanied by a phytosanitary 
certificate issued by the NPPO of the exporting country certifying that 
treatment was applied in accordance with APHIS regulations. The 
phytosanitary certificate must be provided to an inspector when the 
commodity is offered for entry into the United States. During the entire 
interval between treatment and export, the consignment must be stored 
and handled in a manner that prevents any infestation by pests and 
noxious weeds.

[72 FR 39498, July 18, 2007]



Sec. 305.4  [Reserved]



                       Subpart_Chemical Treatments



Sec. 305.5  Treatment requirements.

    (a) Certified facility. The fumigation treatment facility must be 
certified by APHIS. Facilities are required to be inspected and 
recertified annually, or as often as APHIS directs, depending upon 
treatments performed, commodities handled, and operations conducted at 
the facility. In order to be certified, a fumigation facility must:
    (1) Be capable of administering the required dosage range for the 
required duration and at the appropriate temperature.
    (2) Be adequate to contain the fumigant and be constructed from 
material that is not reactive to the fumigant.
    (3) For vacuum fumigation facilities, be constructed to withstand 
required negative pressure.
    (b) Monitoring. Treatment must be monitored by an official 
authorized by APHIS to ensure proper administration of the treatment, 
including that the correct amount of gas reaches the target organism and 
that an adequate number and placement of blowers, fans, sampling tubes, 
or monitoring lines are used in the treatment enclosure. An official 
authorized by APHIS approves, adjusts, or rejects the treatment.
    (c) Treatment procedures. (1) To kill the pest, all chemical 
applications must be administered in accordance with an Environmental 
Protection Agency (EPA) approved pesticide label and the APHIS-approved 
treatment schedule prescribed in this part. If EPA cancels approval for 
the use of a pesticide on a commodity, then the treatment schedule 
prescribed in this part is no longer authorized for that commodity. If 
the commodity is not listed on the pesticide label and/or a Federal 
quarantine or crisis exemption in accordance with FIFRA section 18, then 
no chemical treatment is available.
    (2) Temperature/concentration readings must be taken for items known 
to be sorptive or whose sorptive properties are unknown when treatment 
is administered in chambers at normal atmospheric pressure.
    (3) The volume of the commodity stacked inside the treatment 
enclosure must not exceed \2/3\ of the volume of the enclosure. Stacking 
must be approved by an official authorized by APHIS before treatment 
begins. All commodities undergoing treatment must be listed on the 
label.
    (4) Recording and measuring equipment must be adequate to accurately 
monitor the gas concentration, to ensure the correct amount of gas 
reaches the pests, and to detect any leaks in the enclosure. At least 
three sampling tubes or monitoring lines must be used in the treatment 
enclosure.
    (5) An adequate number of blowers or fans must be used inside of the 
treatment enclosure to uniformly distribute gas throughout the 
enclosure. The circulation system must be able to recirculate the entire 
volume of gas in the enclosure in 3 minutes or less.

[[Page 191]]

    (6) The exposure period begins after all gas has been introduced.
    (7) For vacuum fumigation: The vacuum pump must be able to reduce 
pressure in the treatment enclosure to 1-2 inches of mercury in 15 
minutes or less.



Sec. 305.6  Methyl bromide fumigation treatment schedules.

    (a) Standard schedules.

----------------------------------------------------------------------------------------------------------------
                                                                                       Dosage
                                                                                     rate (lb/
        Treatment schedule                Pressure          Temperature ( [deg]F)       1000    Exposure  period
                                                                                       cubic         (hours)
                                                                                       feet)
----------------------------------------------------------------------------------------------------------------
MBOFF.............................  NAP\1\..............  70 or above..............       2                  3.5
T101-a-1..........................  NAP.................  80 or above..............       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       4                  2
T101-a-2..........................  15 vacuum  90 or above..............       2                  2
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T101-a-3..........................  See T101-a-1........
T101-b-1..........................  See T101-a-1........
T101-b-1-1........................  NAP.................  80 or above..............       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       4                  2
T101-b-2..........................  NAP.................  70 or above..............       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          45-49....................       3.5                2
                                                          40-44....................       4                  2
T101-b-3-1........................  NAP.................  90 or above..............       2.5                4
                                                          80-89....................       3                  4
                                                          70-79....................       3.5                4
                                                          60-69....................       4                  4
T101-c-1..........................  NAP.................  70 or above..............       2                  4
T101-c-2..........................  26 vacuum  70 or above..............       3                  3.5
                                                          60-69....................       3                  4
                                                          50-59....................       3                  4.5
                                                          40-49....................       3                  5
T101-c-3..........................  NAP.................  70 or above..............       2                  3.5
                                                          65-69....................       2                  4
T101-c-3-1........................  NAP.................  70 or above..............       3                  2
T101-d-1..........................  See T101-a-1........
T101-d-2..........................  NAP.................  70 or above..............       3.5               11
                                                          60-69....................       3.5               12
                                                          50-59....................       3.5               13
                                                          40-49....................       3.5               14
T101-d-3..........................  NAP.................  70 or above..............       2                  3.5
T101-e-1..........................  NAP.................  70 or above..............       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T101-e-2..........................  15 vacuum  90 or above..............       2                  1.5
                                                          80-89....................       2                  2
                                                          70-79....................       2.5                2
                                                          60-69....................       3                  2
                                                          50-59....................       3                  3
                                                          40-49....................       3                  4
T101-e-3..........................  See T101-a-1........
T101-f-2..........................  15 vacuum  90 or above..............       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
T101-f-3..........................  See T101-b-3-1......
T101-g-1..........................  See T101-a-2........
T101-g-1-1........................  NAP.................  90 or above..............       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
                                                          50-59....................       3                  4

[[Page 192]]

 
T101-g-2..........................  NAP.................  90 or above..............       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
T101-h-1..........................  See T101-a-1........
T101-h-2..........................  See T101-a-1........
T101-h-2-1........................  NAP.................  70 or above..............       2                  3.5
                                                          65-69....................       2                  4
T101-h-3..........................  NAP.................  80 or above..............       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
T101-i-1..........................  NAP.................  80 or above..............       1.5                2
                                                          70-79....................       2                  2
T101-i-1-1........................  NAP.................  70 or above..............       2                  3.5
T101-i-2..........................  See T101-a-1.
T101-i-2-1........................  See T101-a-1.
T101-j-1..........................  See T101-b-2.
T101-j-2..........................  NAP.................  80 or above..............       1.5                2
                                                          70-79....................       1.5                2
                                                          65-69....................       1.75               2
T101-j-2-1........................  NAP.................  80 or above..............       2.5                2.
T101-k-1..........................  See T101-a-1.
T101-k-2..........................  15 vacuum  90 or above..............       0.5                1.5
                                                          80-89....................       1                  1.5
                                                          70-79....................       1.5                1.5
                                                          60-69....................       2                  1.5
                                                          50-59....................       2.5                1.5
                                                          40-49....................       3                  1.5
T101-k-2-1........................  NAP.................  80 or above..............       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
T101-l-1..........................  See 101-g-1-1.
T101-l-2..........................  15 vacuum  90 or above..............       2                  2
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
T101-m-1..........................  See T101-a-2........
T101-m-2..........................  See T101-a-1........
T101-m-2-1........................  NAP.................  70 or above..............       2                  3.5
                                                          65-69....................       2                  4
T101-n-1..........................  See T101-g-2........
T101-n-2..........................  See T101-b-2........
T101-n-2-1........................  See T101-k-2-1.
T101-n-2-1-1......................  NAP.................  70 or above..............       2                 16
                                                          60-69....................       2                 24
                                                          50-59....................       3                 16
                                                          40-49....................       3                 24
T101-o-1..........................  See T101-a-1........
T101-o-2..........................  See T101-a-1........
T101-p-1..........................  See T101-a-1........
T101-p-2..........................  NAP.................  90 or above..............       1                  2
                                                          80-89....................       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T101-q-2..........................  NAP.................  90 or above..............       2                  2
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T101-r-1..........................  See T101-a-1........
T101-r-2..........................  NAP.................  70 or above..............       2                  6
T101-s-1..........................  NAP.................  70 or above..............       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       4                  2
T101-s-2..........................  See T101-a-1........
T101-t-1..........................  NAP.................  90 or above..............       4                  3
                                                          80-89....................       4                  4

[[Page 193]]

 
                                                          70-79....................       5                  4
                                                          60-69....................       5                  5
                                                          50-59....................       6                  5
                                                          40-49....................       6                  6
T101-t-2..........................  See T101-a-1........
T101-u-1..........................  26 vacuum  80 or above..............       3                  2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  3
                                                          50-59....................       4                  4
                                                          40-49....................       4                  5
T101-u-2..........................  NAP.................  80 or above..............       2.5                2
                                                          70-79....................       3                  2
T101-v-1..........................  See T101-b-2........
T101-v-2..........................  NAP.................  70 or above..............       2.75               2
T101-w-1..........................  15 vacuum  80 or above..............       2                  2
                                                          70-79....................       3                  2
                                                          60-69....................       4                  2
                                                          50-59....................       4                  3
                                                          40-49....................       4                  4
T101-w-1-2........................  NAP.................  70 or above..............       2                  2
T101-w-2..........................  See T101-h-3.
T101-x-1..........................  See T101-h-3.
T101-x-1-1........................  NAP.................  70 or above..............       2.5                2.5
T101-x-2..........................  See T101-a-1........
T101-y-1..........................  See T101-k-2-1.
T101-y-2..........................  See T101-a-1.
T101-z-1..........................  NAP.................  90 or above..............       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
                                                          50-59....................       3                  4
                                                          40-49....................       4                  4
T101-z-2..........................  See T101-k-2-1.
T104-a-1..........................  See T101-a-1........
T104-a-2..........................  See T101-b-1-1......
T201-a-1/T201-a-2 (except           NAP/26     90-96....................       2                  2
 Brachyrhinus larvae).               vacuum.
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-a-1/T201-a-2 (Brachyrhinus     NAP/26     90-96....................       2                  2.5
 larvae).                            vacuum.
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-b-1 (except Brachyrhinus       NAP.................  90-96....................       1.5                2
 larvae).
                                                          80-89....................       2                  2
                                                          70-79....................       2.5                2
                                                          60-69....................       2.5                2.5
                                                          50-59....................       2.5                3
                                                          40-49....................       2.5                3.5
T201-b-1 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-c-1 \2\......................  NAP.................  80-90....................       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T201-c-2 \3\......................  15 vacuum  80-90....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3

[[Page 194]]

 
                                                          40-49....................       3                  3.5
T201-d-1 (except Brachyrhinus       NAP.................  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-d-1 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-d-2..........................  NAP.................  90-96....................       1                  2
                                                          80-89....................       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T201-d-3..........................  15 vacuum  90-96....................       3                  1
                                                          80-89....................       3                  1.5
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-e-1/T201-e-2.................  NAP/15     90-96....................       2                  1.5
                                     vacuum.
                                                          80-89....................       2                  2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
T201-e-3-1........................  NAP.................  90-96....................       1.5                2
                                                          80-89....................       2                  2
                                                          70-79....................       2.5                2
                                                          60-69....................       3                  2
T201-e-3-2........................  26 vacuum  90-96....................       1.5                1.5
                                                          80-89....................       2                  1.5
                                                          70-79....................       2.5                1.5
                                                          60-69....................       3                  1.5
T201-f-1/T201-f-2 (except           NAP/15     90-96....................       2                  2
 Brachyrhinus larvae).               vacuum.
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-f-1/T201-f-2 (Brachyrhinus     NAP/15     90-96....................       2                  2.5
 larvae).                            vacuum.
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-g-1..........................  NAP.................  70 or above..............       0.75               2
T201-h-1/T201-h-2.................  15 vacuum/ 90-96....................       2                  2
                                     26
                                     vacuum.
                                                          80-89....................       2.5                2
                                                          60-79....................       3                  2
                                                          40-59....................       3                  2.5
T201-i-1/T201-i-2.................  NAP/26     90-96....................       2                  1.5
                                     vacuum.
                                                          80-89....................       2                  2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
T201-j............................  NAP.................  75.......................       4                  2
                                                          74.......................       4        2 hrs 1 min
                                                          73.......................       4        2 hrs 2 min
                                                          72.......................       4        2 hrs 4 min
                                                          71.......................       4        2 hrs 7 min
                                                          70.......................       4        2 hrs 9 min
                                                          69.......................       4        2 hrs 11min
                                                          68.......................       4        2 hrs 14min

[[Page 195]]

 
                                                          67.......................       4       2 hrs 16 min
                                                          66.......................       4       2 hrs 19 min
                                                          65.......................       4       2 hrs 22 min
                                                          64.......................       4       2 hrs 25 min
                                                          63.......................       4       2 hrs 28 min
                                                          62.......................       4       2 hrs 31 min
                                                          61.......................       4       2 hrs 35 min
                                                          60.......................       4       2 hrs 38 min
                                                          59.......................       4       2 hrs 41 min
                                                          58.......................       4       2 hrs 43 min
                                                          57.......................       4       2 hrs 46 min
                                                          56.......................       4       2 hrs 49 min
                                                          55.......................       4       2 hrs 52 min
                                                          54.......................       4       2 hrs 55 min
                                                          53.......................       4       2 hrs 58 min
                                                          52.......................       4        3 hrs 1 min
                                                          51.......................       4        3 hrs 5 min
                                                          50.......................       4        3 hrs 8 min
                                                          49.......................       4       3 hrs 12 min
                                                          48.......................       4       3 hrs 15 min
                                                          47.......................       4       3 hrs 19 min
                                                          46.......................       4       3 hrs 24 min
                                                          45.......................       4       3 hrs 28 min
T201-k-1 (except Brachyrhinus       NAP.................  85-96....................       1                  4
 larvae).
                                                          80-84....................       2                  2.5
                                                          70-79....................       2                  3.5
T201-k-1 (Brachyrhinus larvae)....  NAP.................  85-96....................       1.5                4
                                                          80-84....................       2.5                2.5
                                                          70-79....................       2                  3.5
T201-k-2 (except Brachyrhinus       NAP.................  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-k-2 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-l............................  NAP.................  90-96....................       1                  2
                                                          80-89....................       1.25               2
                                                          70-79....................       1.5                2
                                                          60-69....................       1.75               2
T201-m-1 (except Brachyrhinus       NAP.................  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T201-m-1 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-m-2..........................  NAP.................  80-90....................       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T201-m-3 (except Brachyrhinus       NAP.................  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3

[[Page 196]]

 
                                                          40-49....................       3                  3.5
T201-m-3 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-m-4..........................  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T201-n............................  NAP.................  85 or above..............       1                  2
                                                          80-85....................       1.25               2
                                                          70-79....................       1.5                2
                                                          65-69....................       1.75               2
T202-a-1 (except Brachyrhinus       NAP.................  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-a-1 (Brachyrhinus larvae)....  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T202-a-2..........................  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T202-a-3 (except Brachyrhinus       26 vacuum  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-a-3 (Brachyrhinus larvae)....  26 vacuum  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T202-b............................  26 vacuum  70-96....................       4                  2
                                                          60-69....................       4                  2.5
                                                          50-59....................       4                  3
                                                          40-49....................       4                  4
T202-d............................  NAP.................  90-96....................       2.5                4
                                                          80-89....................       3                  4
                                                          70-79....................       3.5                4
                                                          60-69....................       4                  4
T202-e-1..........................  NAP.................  90-96....................       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
                                                          50-59....................       3                  4
                                                          40-49....................       3                  4.5
T202-e-2..........................  26 vacuum  90-96....................       2                  2
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-f (except Brachyrhinus         15 vacuum  90-96....................       2                  2
 larvae).

[[Page 197]]

 
 
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-f (Brachyrhinus larvae)......  15 vacuum  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T202-g............................  NAP.................  90-96....................       2                  3
                                                          80-89....................       2.5                3
                                                          70-79....................       3                  3
                                                          60-69....................       3                  3.5
                                                          50-59....................       3                  4
                                                          40-49....................       3                  4.5
T202-h (except Brachyrhinus         26 vacuum  90-96....................       2                  2
 larvae).
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-h (Brachyrhinus larvae)......  26 vacuum  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T202-i-1..........................  NAP.................  90-96....................       3                  2
                                                          80-89....................       3.5                2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  2.5
                                                          50-59....................       4                  3
                                                          40-49....................       4                  3.5
T202-i-2..........................  NAP.................  90-96....................       2                  2
                                                          80-89....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T202-j............................  15 vacuum  90-96....................       2                  1.5
                                                          80-89....................       2                  2
                                                          70-79....................       2.5                2
                                                          60-69....................       3                  2
                                                          50-59....................       3                  3
                                                          40-49....................       3                  4
T203-a-1..........................  NAP.................  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-a-2..........................  26 vacuum  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-b (except Caryedon spp.).....  26 vacuum  70-96....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-b (Caryedon spp.)............  26 vacuum  40-96....................       5                  2
T203-c............................  NAP.................  50 or above..............       2                 24
T203-d-1..........................  NAP.................  70 or above..............       3.5               11
                                                          60-69....................       3.5               12
                                                          50-59....................       3.5               13
                                                          40-49....................       3.5               14
T203-d-2 (except Vicia faba)......  26 vacuum  70-96....................       3                  2.5
                                                          60-69....................       3                  3

[[Page 198]]

 
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-d-2 (Vicia faba).............  26'' vacuum.........  70-96....................       3                  3.5
                                                          60-69....................       3                  4
                                                          50-59....................       3                  4.5
                                                          40-49....................       3                  5
T203-e............................  26 vacuum  80-96....................       3                  2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  3
                                                          50-59....................       4                  4
                                                          40-49....................       4                  5
T203-f-1..........................  NAP.................  60 or above..............       6                 12
                                                          60 or above..............       3                 24
                                                          40-59....................       7                 12
                                                          40-59....................       4                 24
T203-f-2..........................  NAP.................  60 or above..............       7                 12
                                                          60 or above..............       5                 24
                                                          40-59....................       8                 12
                                                          40-59....................       6                 24
T203-f-3..........................  NAP.................  40 or above..............       4                  2
T203-g-1..........................  NAP.................  60-96....................       2                 12
                                                          60-96....................       1                 24
                                                          40-59....................       3                 12
                                                          40-59....................       2                 24
T203-g-2..........................  26 vacuum  40 or above..............       4                  2
                                                          40 or above..............
T203-h............................  26 vacuum  70 or above..............       4                  4
T203-i-1..........................  NAP.................  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-i-2..........................  26 vacuum  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T203-j............................  NAP.................  80-96....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
T203-k............................  NAP.................  70 or above..............       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T203-l............................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
T203-m 26 vacuum.......  90-96...............  2........................       2
                                                          80-89....................       3                  2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  3
                                                          50-59....................       4                  4
                                                          40-49....................       4                  5
T203-o-1..........................  26 vacuum  70 or above..............       3.5                6
T203-o-2..........................  26 vacuum  80-86....................       2.5                3.5
                                                          70-79....................       3                  3.5
                                                          60-69....................       3                  4
                                                          50-59....................       3                  4.5
                                                          40-49....................       3                  5
T203-o-3..........................  26 vacuum  70 or above..............       4                  4
T203-o-4-1........................  26 vacuum  50 or above..............       2                 24
T203-o-4-2........................  26 vacuum  70 or above..............       3.5                3
T203-o-5..........................  NAP.................  70 or above..............       4                  8
T301-a-1-1 (bulk shipments).......  NAP.................  60 or above..............       6                 12
                                                          60 or above..............       4                 24
                                                          40-59....................       7                 12
                                                          40-59....................       5                 24
T301-a-1-1 (other than bulk         NAP.................  60 or above..............       6                 12
 shipments).
                                                          60 or above..............       3                 24
                                                          40-59....................       7                 12
                                                          40-59....................       4                 24

[[Page 199]]

 
T301-a-1-2........................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T301-a-2..........................  NAP.................  40 or above..............       7                 12
                                                          40 or above..............       5                 24
T301-a-3..........................  NAP.................  40 or above..............       7                 12
                                                          40 or above..............       4                 24
T301-a-4..........................  NAP.................  40 or above..............       7                 12
                                                          40 or above..............       5                 24
T301-a-5-1........................  NAP.................  40 or above..............       3                 24
T301-a-5-2........................  26 vacuum  40 or above..............       4                  2
T301-b-1-1........................  NAP.................  60 or above..............       8                 24
                                                          40-59....................      11                 24
T301-b-1-2........................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T301-b-2..........................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
T301-b-3..........................  NAP.................  90 or above..............       4                 24
                                                          80-89....................       6                 24
                                                          70-79....................       8                 24
T301-c............................  NAP.................  40 or above..............       8                 16
                                                          40 or above..............      10.5               12
T301-d-1-1........................  NAP.................  90 or above..............       2.5                2
                                                          80-89....................       3                  2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  3
                                                          55-59....................       5                  3
                                                          50-54....................       5.5                4
                                                          40-49....................       6                  8
T302-a-1-1........................  NAP.................  70 or above..............       2                  6
T302-b-1-2........................  See T301-a-1-1 or
                                     T301-a-1-2.
T302-c-1..........................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T302-c-2..........................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T302-c-3..........................  26 vacuum  90-96....................       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................      10                 12
                                                          40-49....................      12                 12
T302-e-1..........................  NAP.................  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T302-e-2..........................  26 vacuum  80-96....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T302-g-1..........................  NAP.................  90-95....................       4                  3
                                                          80-89....................       4                  4
                                                          70-79....................       5                  4
                                                          60-69....................       5                  5
                                                          50-59....................       6                  5
                                                          40-49....................       6                  6
T302-g-2..........................  26 vacuum  80-96....................       3                  2
                                                          70-79....................       4                  2
                                                          60-69....................       4                  3
                                                          50-59....................       4                  4
                                                          40-49....................       4                  5
T303-d-2-2........................  26 vacuum  60 or above..............       2.5                2.5
                                                          50-59....................       3.5                2.5
                                                          40-49....................       5                  2.5
T303-d-2-3........................  NAP.................  60 or above..............       2.5               24
                                                          50-59....................       3                 24
                                                          40-49....................       4                 24

[[Page 200]]

 
T304-a............................  NAP.................  60 or above..............       2.5               32
                                                          50-59....................       3.5               32
                                                          40-49....................       4.5               32
T304-b............................  26 vacuum  60 or above..............       2.5                2.5
                                                          50-59....................       3.5                2.5
                                                          40-49....................       5                  2.5
T305-a............................  NAP.................  80-89....................       1.5                2
                                                          70-79....................       2                  2
                                                          60-69....................       2.5                2
                                                          50-59....................       3                  2
                                                          40-49....................       3.5                2
T305-b............................  15 vacuum  80-90....................       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  3
                                                          40-49....................       3                  3.5
T305-c............................  NAP.................  80 or above..............       2.5                2
                                                          70-79....................       3                  2
                                                          60-69....................       4                  2
T306-a............................  26 vacuum  40 or above..............       8                 16
                                                          40 or above..............      10.5               12
                                                          40 or above..............      16                  8
T306-b (bulk shipments)...........  NAP.................  60 or above..............       6                 12
                                                          60 or above..............       4                 24
                                                          40-59....................       7                 12
                                                          40-59....................       5                 24
T306-b (other than bulk shipments)  NAP.................  60 or above..............       6                 12
                                                          60 or above..............       3                 24
                                                          40-59....................       7                 12
                                                          40-59....................       4                 24
T306-c-1..........................  NAP.................  90 or above..............       4                 24
                                                          80-89....................       8                 24
                                                          70-79....................       8                 24
                                                          60-69....................      12                 24
                                                          50-59....................      12                 28
                                                          40-49....................      12                 32
T306-c-2..........................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T306-d-1..........................  NAP.................  90 or above..............       4                 24
                                                          80-89....................       6                 24
                                                          70-79....................       8                 24
                                                          60-69....................      12                 24
                                                          50-59....................      12                 28
                                                          40-49....................      12                 32
T306-d-2..........................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T309-a (except sawflies)..........  26 vacuum  60 or above..............       2.5                2.5
                                                          50-59....................       3.5                2.5
                                                          40-49....................       5                  2.5
T309-a (sawflies).................  26 vacuum  60 or above..............       2.5                5
                                                          50-59....................       3.5                5
                                                          40-49....................       5                  5
T309-b-1..........................  NAP.................  60 or above..............       2.5               16
                                                          50-59....................       3.5               16
                                                          40-49....................       4.5               16
T309-b-2..........................  NAP.................  60 or above..............       3                 24
                                                          50-59....................       5                 24
                                                          40-49....................       7                 24
T310-a............................  NAP.................  90 or above..............       4                  3
                                                          80-89....................       5                  3
                                                          70-79....................       6                  4
                                                          60-69....................       7                  5
                                                          50-59....................       8                  7
                                                          40-49....................       8                 16
T310-b............................  26 vacuum  80 or above..............       3                  2.5
                                                          70-79....................       3                  3.5
                                                          60-69....................       4                  4
                                                          50-59....................       5.5                5
T312-a............................  NAP.................  40 or above..............      15                 72
T312-b............................  NAP.................  40 or above..............      15                 48

[[Page 201]]

 
T313-a............................  NAP.................  75 or above..............       1.5                2.5
                                                          7-74.....................       2                  2.5
                                                          60-69....................       2.5                3
                                                          60-69....................       3                  2.5
                                                          50-59....................       3                  4
                                                          50-59....................       4                  2.5
                                                          40-49....................       3.5                4.5
                                                          40-49....................       5                  2.5
T313-b............................  NAP.................  60 or above..............       3                  4
                                                          60 or above..............       4                  3
                                                          50-59....................       3.5                4
                                                          50-59....................       4                  3.5
                                                          40-49....................       4                  4
T401-a............................  NAP.................  40 or above..............       4                 12
                                                          40 or above..............       8                  3
T401-b............................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T402-a-1..........................  NAP.................  55 or above..............       8                 24
T402-a-2..........................  NAP.................  55 or above..............       8                 72
T402-a-3..........................  NAP.................  80 or above..............       6                 10
                                                          55-79....................       6                 16
                                                          40-54....................       8                 24
T402-b-1..........................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T402-b-2..........................  NAP.................  90-96....................       4                 24
                                                          80-89....................       6                 24
                                                          70-79....................       8                 24
T403-a-2-1........................  NAP.................  55 or above..............       8                 72
T403-a-2-2........................  26 vacuum  70 or above..............       8                 16
T403-a-3..........................  NAP.................  90-96....................       1                  2
                                                          80-89....................       1.25               2
                                                          70-79....................       1.5                2
                                                          60-69....................       1.75               2
T403-a-4-1........................  NAP.................  80 or above..............       6                 10
                                                          55-79....................       6                 16
                                                          40-54....................       8                 24
T403-a-4-2........................  26 vacuum  7 or above...............       6                  6
T403-a-5-1........................  NAP.................  80 or above..............       6                 10
                                                          40-79....................       6                 16
T403-a-5-2........................  26 vacuum  40 or above..............       6                  6
T403-b............................  Use T401-b or 402-b-
                                     2.
T403-c............................  26 vacuum  40 or above..............       8                 16
                                                          40 or above..............      10.5               12
                                                          40 or above..............      16                  8
T403-e-1-1........................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T403-e-1-2........................  NAP.................  90-96....................       4                 24
                                                          80-89....................       6                 24
                                                          70-79....................       8                 24
                                                          60-69....................      12                 24
                                                          50-59....................      12                 28
                                                          40-49....................      12                 32
T403-e-2..........................  NAP.................  40 or above..............      10                 48
T403-f............................  NAP.................  70 or above..............       3                  3
                                                          60-69....................       3.5                3
                                                          50-59....................       4                  3
                                                          45-49....................       4.5                3
                                                          40-44....................       5                  3
T404-a............................  26 vacuum  40 or above..............       8                 16

[[Page 202]]

 
                                                          40 or above..............      10.5               12
                                                          40 or above..............      16                  8
T404-b-1-1........................  NAP.................  70 or above..............       3                 16
                                                          40-69....................       5                 16
T404-b-1-2........................  26 vacuum  70 or above..............       4                  4
                                                          40-69....................       4                  5
T404-c-1-1........................  NAP.................  40 or above..............       3                 24
T404-c-1-2........................  26 vacuum  70 or above..............       4                  3
                                                          40-69....................       4                  4
T404-d............................  NAP.................  80 or above..............       3.5               24
                                                          70-79....................       4.5               24
                                                          60-69....................       6                 24
                                                          50-59....................       7.5               24
                                                          40-49....................       9                 24
T406-b............................  NAP.................  60 or above..............      15                 24
T407..............................  NAP.................  40 or above..............       4                 12
                                                          40 or above..............       8                  3
T408-c-1..........................  See T403-c for loose
                                     and friable
                                     material only.
T408-c-2..........................  NAP.................  60 or above..............      15                 24
T408-e-1..........................  26 vacuum  70 or above..............       2                  3.5
T408-e-2..........................  26 vacuum  40 or above..............       8                 16
                                                          40 or above..............      10.5               12
                                                          40 or above..............      16                  8
T408-g-1..........................  Chamber.............  60 or above..............      10                 24
                                                          60 or above..............      20                 15.5
T408-g-2..........................  Tarpaulin...........  60 or above..............      15                 24
T411..............................  NAP.................  90-96....................       2                  2.5
                                                          80-89....................       2.5                2.5
                                                          70-79....................       3                  2.5
                                                          60-69....................       3                  3
                                                          50-59....................       3                  3.5
                                                          40-49....................       3                  4
T413-a............................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T413-b............................  26 vacuum  60 or above..............       8                  3
                                                          40-59....................       9                  3
T414..............................  NAP.................  50 or above..............       3.5                4
                                                          50 or above..............       2.5                8
                                                          50 or above..............       2                 16
                                                          40-49....................       4.5                4
                                                          40-59....................       3.25               8
                                                          40-49....................       2.25              16
T416-a-1..........................  NAP.................  90 or above..............       2.5               12
                                                          80-89....................       3.5               12
                                                          70-79....................       4.5               12
                                                          60-69....................       6                 12
                                                          50-59....................       7.5               12
                                                          40-49....................       9                 12
T416-a-2..........................  26 vacuum  60 or above..............       8                  3
                                                          40-5