[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Proposed Rules]
[Pages 53171-53181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18316]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / 
Proposed Rules

[[Page 53171]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 305

[Docket No. APHIS-2007-0084]
RIN 0579-AC57


Consolidation of the Fruit Fly Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to consolidate our domestic regulations 
regarding exotic fruit flies. Currently, these regulations are 
contained in six separate subparts, each of which covers a different 
species of fruit fly, and each of these subparts has parallel sections 
that are substantially the same as the corresponding sections in the 
other subparts. Therefore, we are proposing to combine these six 
subparts into a single subpart. We are also proposing to modify the 
regulations by adding a mechanism through which quarantined areas can 
be removed from the regulations as quickly as they are added. These 
proposed changes would eliminate duplication and enhance the 
flexibility of the regulations.

DATES: We will consider all comments that we receive on or before 
November 19, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2007-0084 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2007-0084, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2007-0084.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic 
Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS, 
4700 River Road Unit 137, Riverdale, MD 20737-1234; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS) administers 
regulations in 7 CFR part 301, ``Domestic Quarantine Notices,'' that 
are designed to prevent the interstate spread of pests that are new to 
or not widely distributed within the United States. The regulations in 
part 301 are currently divided into 23 subparts, each of which 
addresses a specific plant pest concern. Of those 23 subparts, 6 deal 
with fruit flies, those being the Mexican, Mediterranean, Oriental, 
Melon, West Indian, and Sapote fruit flies. All of the fruit fly 
subparts are constructed in the same manner and consist of 11 sections:
     Restrictions on interstate movement of regulated articles;
     Definitions;
     Regulated articles;
     Quarantined areas;
     Conditions governing the interstate movement of regulated 
articles from quarantined areas;
     Issuance and cancellation of certificates and limited 
permits;
     Compliance agreements and cancellation;
     Assembly and inspection of regulated articles;
     Attachment and disposition of certificates and limited 
permits;
     Costs and charges; and
     Treatments.
    With the exception of quarantined area descriptions, regulated 
article lists, and approved treatments that are specific to a 
particular fruit fly, there is little to no variation in the content of 
the six subparts; apart from those exceptions, any differences are more 
editorial than substantive.
    Given the large degree to which the provisions of these six 
subparts overlap, we are proposing to consolidate them into a single 
subpart. The new ``Subpart--Fruit Flies'' would allow us to eliminate 
the duplicative regulatory text that results from maintaining six 
separate but similar subparts while allowing us to retain all the 
necessary distinctions dictated by the differing treatments for and 
biology, life cycle, and host range of each species of fruit fly. This 
consolidation would result in 66 sections of regulatory text being 
condensed into 11 sections, with 7 of those sections being no longer 
than they currently are in any one of the existing subparts.
    Given the May 2006 detection (and the July 2006 eradication) of 
peach fruit fly (Bactrocera zonata) in two counties in California, this 
proposed rule would also include peach fruit fly within the 
consolidated regulations. The proposed new subpart is discussed below.

Restrictions on Interstate Movement of Regulated Articles

    Proposed Sec.  301.32(a) would establish that the interstate 
movement of regulated articles from quarantined areas is prohibited 
except in accordance with the regulations. A footnote in this paragraph 
would note that the interstate movement of any of the fruit flies 
regulated under the subpart is subject to the regulations in 7 CFR part 
330, which contains the Federal plant pest regulations.
    Paragraph (b) of Sec.  301.32 would explain that sec. 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

[[Page 53172]]

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.
    These proposed provisions are all drawn from and consistent with 
those found in the existing fruit fly subparts.

Definitions

    Proposed Sec.  301.32-1 contains definitions of the terms used in 
the subpart; all the terms and their definitions were drawn from the 
existing fruit fly subparts. Although some definitions would be 
modified to reflect the fact that they no longer apply to a specific 
species of fruit fly, we are proposing to make substantive changes to 
only two definitions: Core area and day degrees.
    In the Mediterranean, West Indian, and Sapote fruit fly subparts, 
core area is defined as a 1-square-mile area surrounding each property 
where the particular fruit fly has been detected, whereas the term is 
defined as ``The area within a circle surrounding each detection using 
a \1/2\ mile radius with the detection as a center point'' in the 
Mexican and Oriental fruit fly subparts (the term is not defined in the 
melon fruit fly subpart). In proposed Sec.  301.32-1, we use the 
definition that appears in the Mexican and Oriental fruit fly subparts, 
as those definitions have both been recently updated to reflect the use 
of GPS technology, which allows us to more accurately measure the 
distance from a positive detection site.
    The regulations in the Mexican, Mediterranean, West Indian, and 
Sapote fruit fly subparts currently define the term day degrees as a 
mathematical construct combining average temperature over time that is 
used to calculate the length of a particular fruit fly's life cycle. 
Day degrees are the product of a formula, with all temperatures 
measured in [deg]F, such as that which appears in the sapote fruit fly 
regulations: ``[(Minimum Daily Temp + Maximum Daily Temp)/2]-54[deg] 
Day Degrees.'' We recently amended the definition of day degrees in the 
Oriental fruit fly subpart to reflect the fact that we can now use 
weather service data entered into a computer model to more accurately 
measure day degree accumulation based upon the latest biological 
information than was previously possible. Therefore, the definition of 
day degrees that appears in proposed Sec.  301.32-1 matches the 
definition in the Oriental fruit fly subpart, i.e.: ``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 fruit fly species.''

Regulated Articles

    In proposed Sec.  301.32-2, we have consolidated the lists of 
regulated articles that appear in each of the six fruit fly subparts 
and have also included those articles identified as regulated articles 
for the peach fruit fly. Because there is quite a bit of overlap among 
the lists, i.e., the same articles are regulated articles in two or 
more subparts, the list in proposed Sec.  301.32(a) appears in table 
form, with the articles themselves appearing in the left column and the 
one or more fruit fly species for which those articles are regulated 
appearing in the right column.

Quarantined Areas

    Proposed Sec.  301.32-3 provides the criteria for the designation 
of States, or portions of States, as quarantined areas. Apart from the 
substantive addition we discuss in the following paragraphs, the 
content of this proposed section has been drawn from, and is consistent 
with, the corresponding sections in the six existing fruit fly 
subparts.
    The substantive addition we are proposing involves the designation 
of quarantined areas. The regulations in each of the six subparts, as 
well as in proposed Sec.  301.32-3(a) in this document, provide APHIS 
with the ability to temporarily designate any nonquarantined area in a 
State as a quarantined area when a fruit fly 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. This temporary designation of a 
quarantined area is communicated in writing to the owner or person in 
possession of the nonquarantined area; after that written notice is 
served, the interstate movement of any regulated article from an area 
temporarily designated as a quarantined area will be subject to the 
regulations. As soon as practicable, the area will be added to the list 
of quarantined areas in the regulations or the temporary designation of 
a quarantined area may be terminated by the Administrator or an 
inspector in accordance with the specified criteria for such 
termination. The owner or person in possession of an area for which 
designation of a quarantined area is terminated before being added to 
the regulations will be given notice of the termination as soon as 
practicable.
    In this document, we are proposing to establish a mechanism that 
would allow us to take a similar approach to removing areas from 
quarantine. Under our current procedures, we normally add a quarantined 
area to the regulations through an interim rule, then, after 
determining that the fruit fly has been eradicated from that area, we 
issue a second interim rule that removes the area from the regulations. 
Even with the comparatively expedited process afforded by using an 
interim rule to remove a quarantined area from the regulations, there 
is routinely a period of 2 or more weeks that passes between the time 
we determine that eradication has been achieved and the time we can 
publish that second interim rule to relieve restrictions on the 
interstate movement of regulated articles from the area.
    In order to address this situation and enable us to remove 
restrictions on interstate movement as quickly as possible once we 
determine they are no longer warranted, proposed Sec.  301.32-3(b)(2) 
would provide that the Administrator or an inspector may terminate the 
temporary designation of a quarantined area or the designation of a 
quarantined area listed in paragraph (c) 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. The procedure for quickly 
removing a quarantined area would mirror the current procedure for 
quickly adding a quarantined area, i.e., written notice would be given 
to all individuals in the quarantined area, who would then be permitted 
to move regulated articles from the previously quarantined area without 
restriction, and the designation of the area as a quarantined area, if 
listed in the regulations, would then be removed from the list in 
paragraph (c) as soon as practicable.

Conditions Governing the Interstate Movement of Regulated Articles From 
Quarantined Areas

    The provisions in proposed Sec.  301.32-4 were drawn from the 
provisions that appear in the corresponding sections of each of the six 
subparts, which do not differ substantively among themselves except in 
one instance. In Sec.  301.78-4 of the Mediterranean fruit fly subpart, 
paragraph (b)(2) includes a provision for the movement of a regulated 
article without a certificate or limited permit if it is moving as air 
cargo or as a meal intended for in-flight consumption, and

[[Page 53173]]

is transiting Los Angeles International Airport in California. Proposed 
Sec.  301.32-4 would not include this provision, as the more general 
movement provisions in this section would cover that situation.

Issuance and Cancellation of Certificates and Limited Permits

    Proposed Sec.  301.32-5 explains the conditions that must be met in 
order for a certificate or limited permit authorizing the interstate 
movement of a regulated article to be issued and provides for the 
withdrawal of a certificate or limited permit by an inspector under 
certain circumstances. These proposed provisions are all drawn from and 
consistent with those found in the existing fruit fly subparts.

Compliance Agreements and Cancellation

    Proposed Sec.  301.32-6 provides for the use of and cancellation of 
compliance agreements, which are provided for the convenience of 
persons who are involved in the growing, handling, or moving of 
regulated articles from quarantined areas. These proposed provisions 
are all drawn from and consistent with those found in the existing 
fruit fly subparts.

Assembly and Inspection of Regulated Articles

    Proposed Sec.  301.32-7 provides instructions for obtaining the 
services of an inspector when inspection is necessary to secure a 
certificate or limited permit to move regulated articles interstate. 
These proposed provisions are all drawn from and consistent with those 
found in the existing fruit fly subparts.

Attachment and Disposition of Certificates and Limited Permits

    Proposed Sec.  301.32-8 provides instructions for attaching 
certificates or limited permits to regulated articles or their 
accompanying documentation and requires that copies of the certificate 
or limited permit be provided to the consignee of the regulated 
articles upon arrival at their destination. These proposed provisions 
are all drawn from and consistent with those found in the existing 
fruit fly subparts.

Costs and Charges

    Proposed Sec.  301.32-9 explains the APHIS policy that the services 
of an inspector that are needed to comply with the regulations are 
provided without cost between 8 a.m. and 4:30 p.m., Monday through 
Friday, except holidays, to persons requiring those services, but that 
we will not be responsible for any other costs or charges. These 
proposed provisions are all drawn from and consistent with those found 
in the existing fruit fly subparts.

Treatments

    In combining the ``Treatments'' sections found in each subpart, we 
would omit the treatment schedules that also appear in 7 CFR part 305, 
``Phytosanitary Treatments.'' Proposed new Sec.  301.32-10 would direct 
the reader to part 305 for the treatment schedules authorized for use 
against specific fruit flies. Paragraph (a) would set out the treatment 
schedules for soil within the dripline of plants that are producing or 
have produced regulated articles, and paragraph (b) would present the 
premises treatments available for fields, groves, or areas that are 
located within a quarantined area but outside the infested core area 
and that produce regulated articles. These treatments have all been 
drawn from the existing subparts.
    We are also proposing to make irradiation available as a treatment 
option for regulated articles in those cases where it is not already 
available. The Mexican fruit fly and Mediterranean fruit fly 
regulations have been amended in recent years to provide for the use of 
irradiation as a treatment, but the Oriental, Melon, West Indian, and 
Sapote fruit fly regulations have not been similarly updated. There is 
an approved irradiation dose listed for each of those species of fruit 
fly in the irradiation-specific provisions of the phytosanitary 
treatments regulations in part 305, and the regulations in part 305 
currently provide for the use of irradiation as a treatment for 
imported articles when treatment is necessary to mitigate the risk 
presented by fruit flies. Our proposed change would allow irradiation 
to be used to qualify regulated articles for interstate movement as 
well.
    In part 305, Sec.  305.32 contains specific instruction for the use 
of irradiation as a treatment of regulated fruit to be moved interstate 
from areas quarantined for Mexican fruit fly, and Sec.  305.33 contains 
the same information for the treatment of regulated fruit to be moved 
interstate from areas quarantined for Mediterranean fruit fly. We would 
amend Sec.  305.32 by replacing specific references to the Mexican 
fruit fly and the Mexican fruit fly regulations with more general 
references to fruit flies and the regulations in ``Subpart--Fruit 
Flies.'' This change would make the section's irradiation treatment 
provisions applicable to all regulated fruit fly species; in addition 
to making irradiation available for use against the Oriental, Peach, 
Melon, West Indian, and Sapote fruit flies, this change would render 
the Mediterranean fruit fly-specific Sec.  305.33 unnecessary, so we 
would remove and reserve that section. We would also amend the table of 
treatment schedules in Sec.  305.2(h)(2)(ii), ``Treatment for shipments 
from U.S. quarantine localities,'' to indicate that irradiation is an 
authorized treatment for regulated articles produced in an area 
quarantined because of fruit flies under our domestic quarantine 
regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    We are proposing to modify the current regulations controlling 
exotic fruit flies. Currently, these regulations are contained in 7 CFR 
part 301 and are divided into separate subparts, each of which covers a 
different species of fruit fly. Each of these subparts has parallel 
sections that are substantially similar to the sections in other 
subparts. Therefore, we are proposing to combine these sections into 
one subpart that will cover all fruit fly species. We are also 
proposing to modify the regulations by adding a mechanism through which 
quarantined areas can be removed from the regulations as quickly as 
they can be added.
    The consolidation of the 66 sections to 11 sections under the new 
``Subpart--Fruit Flies,'' would allow APHIS to eliminate the 
duplicative regulatory text. This change is an administrative one 
without any direct economic effect on any entity.
    The second change would offer irradiation as one more treatment 
option for articles regulated because of Oriental, Melon, West Indian, 
or Sapote fruit flies. There are no areas currently quarantined because 
of any of these fruit fly species. If there were, the irradiation 
treatment option may benefit affected entities by providing them with 
an alternative means of treating regulated articles. We do not know how 
costs of irradiation treatment may compare to the costs of other 
treatments, but at least entities would have a broader choice of 
options.
    The third change would affect the interstate movement of regulated 
articles directly by allowing producers of those commodities in an area 
that has been under quarantine to more quickly

[[Page 53174]]

resume moving articles without first having to obtain a certificate or 
limited permit. Entities that may benefit from this change include 
fresh fruit producers, nurserymen and tree growers, and transportation 
entities such as long distance general freight trucking with storage, 
scheduled freight air transportation companies, and/or short line 
railroad transportation companies.
    There are no significant alternatives to the rule; however, we do 
not anticipate that the economic effects of these actions would be 
significant. Impacts on small entities would be attributable to the 
availability and the cost of irradiation as a treatment against all 
regulated fruit flies and to the ability of APHIS to relieve 
quarantine-related restrictions on the interstate movement of regulated 
articles more quickly. The overall economic effects of these proposed 
changes are expected to be positive, if minimal. We cannot estimate how 
many entities would be affected or what percentage of these entities 
would be small entities; those numbers depend entirely on the number 
and size of entities that might be present in a quarantined area at the 
time these proposed provisions become effective or at any time 
thereafter. While the number of entities affected may eventually prove 
to be a large number of entities, most of which are likely to be small 
entities, the economic effects on those entities, while positive, would 
not be significant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) State and 
local laws and regulations will not be preempted; (2) no retroactive 
effect will be given to this rule; and (3) administrative proceedings 
will not be required before parties may file suit in court challenging 
this rule.

Paperwork Reduction Act

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

List of Subjects

7 CFR Part 301

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

7 CFR Part 305

    Irradiation, Phytosanitary treatment, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 7 CFR parts 301 and 305 as 
follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).

    2. In part 301, by adding a new ``Subpart--Fruit Flies,'' 
(Sec. Sec.  301.32 through 301.32-10) to read as follows:
Subpart--Fruit Flies
Sec.
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--Fruit Flies


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


Sec.  301.32-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of fruit flies and may be moved interstate to any destination.
    Commercially produced. Fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, monocultural 
practices, pest management programs, good sanitation practices 
including destruction of culls, type of packaging, identification of 
grower or packinghouse on the packaging, and documents consigning the 
shipment to a wholesaler or retailer.
    Compliance agreement. A written agreement between APHIS and a 
person engaged in growing, handling, or moving regulated articles, 
wherein the person agrees to comply with this subpart.
    Core area. The area within a circle surrounding each site where 
fruit flies have been detected using a \1/2\ mile radius with the 
detection site as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each species of fruit fly.
    Departmental permit. A document issued by the Administrator in 
which he or she affirms that interstate movement of the regulated 
article identified on the document is for scientific or experimental 
purposes and that the regulated article is eligible for interstate 
movement in accordance with Sec.  301.32-4(c).
    Dripline. The line around the canopy of a plant.

[[Page 53175]]

    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, listed in 
Sec.  301.32-3(c) or otherwise designated as a quarantined area in 
accordance with Sec.  301.32-3(b).
    Regulated article. Any article listed in Sec.  301.32-2 or 
otherwise designated as a regulated article in accordance with Sec.  
301.32-2(d).
    Sapote fruit fly. The insect known as the sapote fruit fly, 
Anastrepha serpentina, in any stage of development.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of 
Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.


Sec.  301.32-2  Regulated articles.

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

------------------------------------------------------------------------
         Botanical name             Common name(s)         Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus =          Okra..............  Melon, Peach.
 Hibiscus esculentus.
Acca sellowiana = Feijoa          Pineapple guava...  Mediterranean,
 sellowiana.                                           Oriental, Peach.
Actinidia chinensis.............  Kiwi..............  Mediterranean.
Aegle marmelos..................  Indian bael.......  Peach.
Anacardium occidentale..........  Cashew............  Oriental.
Annona cherimola................  Cherimoya.........  Mexican, Oriental,
                                                       Peach.
Annona glabra...................  Pond-apple........  Sapote.
Annona muricata.................  Soursop...........  Melon, Oriental,
                                                       Peach.
Annona reticulata...............  Custard apple,      Melon, Mexican,
                                   Annona.             Oriental, Peach.
Annona squamosa.................  Custard apple.....  Peach.
Artocarpus altilis..............  Breadfruit........  Oriental.
Artocarpus heterophyllus........  Jackfruit.........  Oriental.
Averrhoa carambola..............  Carambola, Country  Oriental, West
                                   gooseberry.         Indian.
Benincasa hispida...............  Melon, Chinese....  Melon.
Brassica juncea.................  Mustard, leaf.....  Melon.
Brassica oleracea var. botrytis.  Cauliflower.......  Melon.
Brosimum alicastrum.............  Ram[oacute]n......  West Indian.
Byrsonima crassifolia...........  Nance.............  Sapote.
Calophyllum inophyllum..........  Alexandrian-        Oriental.
                                   laurel, Laurel.
Cananga odorata.................  Ylang-Ylang.......  Oriental.
Capsicum annum..................  Pepper, chili.....  Mediterranean,
                                                       Melon, Oriental.
Capsicum frutescens.............  Pepper, tabasco...  Mediterranean,
                                                       Melon.
Capsicum frutescens abbreviatum.  Oriental bush red   Oriental.
                                   pepper.
Capsicum frutescens var. grossum  Pepper, sweet.....  Oriental.
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.

[[Page 53176]]

 
Citrus latifolia................  Lime, Persian.....  Oriental.
Citrus limon....................  Lemon.............  Mediterranean,\2\
                                                       Mexican,\3\
                                                       Oriental, Peach.
Citrus limon x reticulata.......  Lemon, Meyer......  Mediterranean.
Citrus madurensis = x             Orange, Panama....  Sapote.
 Citrofortunella mitis.
Citrus maxima = Citrus grandis..  Pummelo or          Mediterranean,
                                   Shaddock.           Mexican,
                                                       Oriental, Peach.
Citrus medica...................  Citrus citron.....  Mediterranean,
                                                       Mexican, Peach.
Citrus paradisi.................  Grapefruit........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus reticulata...............  Mandarin orange,    Mediterranean,
                                   tangerine.          Mexican,
                                                       Oriental, Peach.
Citrus reticulata var. Unshu....  Orange, Unshu.....  Mediterranean,
                                                       Oriental.
Citrus reticulata x C. sinensis   Orange, king......  Mediterranean,
 = Citrus nobilis.                                     Melon, Oriental,
                                                       Peach.
Citrus reticulata x Fortunella..  Orange, calamondin  Mediterranean,
                                                       Mexican,
                                                       Oriental.
Citrus sinensis.................  Orange, sweet.....  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus spp......................  Citrus............  Sapote.
Clausena lansium................  Wampi.............  Oriental.
Coccinia spp....................  Gourds............  Melon, Peach.
Coccoloba uvifera...............  Seagrape..........  Oriental.
Coffea arabica..................  Coffee, Arabian...  Oriental.
Cresentia spp...................  Gourds............  Melon, Peach.
Cucumis melo and Cucumis melo     Cantaloupe........  Melon, Peach.
 var. Cantalupensis.
Cucumis melo var. conomon.......  Melon, oriental     Melon.
                                   pickling.
Cucumis pubescens and Cucumis     Cucurbit..........  Melon.
 trigonus.
Cucumis sativus.................  Cucumber..........  Melon, Oriental,
                                                       Peach.
Cucumis utilissimus.............  Melon, long.......  Peach.
Cucurbita maxima................  Squash............  Melon.
Cucurbita moschata..............  Pumpkin, Canada...  Melon.
Cucurbita pepo..................  Pumpkin...........  Melon.
Cydonia oblonga.................  Quince............  Mexican,
                                                       Mediterranean,
                                                       Oriental, Peach,
                                                       Sapote.
Cyphomandra betaceae............  Tomato, tree......  Melon.
Diospyros digyna................  Black sapote......  Sapote
Diospyros discolor..............  Velvet apple......  Oriental.
Diospyros khaki.................  Japanese persimmon  Mediterranean,
                                                       Oriental.
Diospyros spp...................  Sapote............  Sapote, West
                                                       Indian.
Dovyalis hebecarpa..............  Kitembilla........  Oriental, Sapote,
                                                       West Indian.
Dracena draco...................  Dragon tree.......  Oriental.
Elaeocarpus angustifolius.......  Blue marbletree;    Peach.
                                   New Guinea
                                   quandong.
Elaeocarpus grandiflorus........  Lily of the valley  Peach.
                                   tree.
Elaeocarpus madopetalus.........  Ma-kok-nam........  Peach.
Eriobotrya japonica.............  Loquat............  Mediterranean,
                                                       Oriental, Peach,
                                                       West Indian.
Eugenia brasiliensis = E.         Brazil-cherry,      Mediterranean,
 dombeyi.                          grumichama.         Oriental, Peach.
Eugenia malaccensis.............  Malay apple.......  Oriental.
Eugenia uniflora................  Surinam cherry....  Mediterranean,
                                                       Oriental, Peach.
Euphoria longan.................  Longan............  Oriental.
Ficus benghalensis..............  Fig, Banyan.......  Peach.
Ficus carica....................  Fig...............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Ficus macrophylla...............  Fig, Moreton Bay..  Peach.
Ficus retusa....................  Fig, glossy leaf..  Peach.
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.

[[Page 53177]]

 
Mammea americana................  Mammy apple.......  Mexican, Oriental,
                                                       Peach, Sapote.
Mangifera foetida...............  Mango, Bachang....  Peach.
Mangifera indica................  Mango.............  All.
Mangifera odorata...............  Kuine.............  Peach.
Manilkara hexandra..............  Sapodilla, balata.  Peach.
Manilkara jaimiqui subsp.         Sapodilla, wild...  Peach.
 emarginata.
Manilkara zapota................  Sapodilla, chiku..  Oriental, Peach,
                                                       Sapote, West
                                                       Indian.
Mimusops elengi.................  Spanish cherry....  Mediterranean,
                                                       Oriental.
Momordica balsamina.............  Balsam apple,       Peach.
                                   hawthorn.
Momordica charantia.............  Balsam pear,        Peach.
                                   bitter melon.
Momordica cochinchinensis.......  Balsam apple, gac.  Peach.
Momordica spp...................  Gourds............  Melon, Peach.
Morus nigra.....................  Mulberry..........  Oriental.
Murraya exotica.................  Mock orange.......  Mediterranean,
                                                       Oriental.
Musa x paradisiaca = Musa         Banana............  Oriental.
 paradisiaca subsp. sapientum.
Musa acuminata = Musa nana......  Banana, dwarf.....  Oriental.
Ochrosia elliptica..............  Orange, bourbon...  Peach.
Olea europea....................  Olive.............  Mediterranean.
Opuntia ficus-indica = Opuntia    Prickly pear......  Oriental.
 megacantha.
Opuntia spp.....................  Opuntia cactus....  Mediterranean.
Passiflora edulis...............  Passionflower,      Melon, Oriental,
                                   passionfruit,       West Indian.
                                   yellow lilikoi.
Passiflora laurifolia...........  Lemon, water......  Melon.
Passiflora ligularis............  Granadilla, sweet.  Oriental.
Passiflora quadrangularis.......  Granadilla, giant.  West Indian.
Passiflora tripartita var.        Passionflower,      Oriental.
 mollissima.                       softleaf.
Persea americana................  Avocado...........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach,
                                                       Sapote.
Phaseolus lunatus = Phaseolus     Bean, lima........  Melon.
 limensis.
Phaseolus vulgaris..............  Bean, mung........  Melon.
Phoenix dactylifera.............  Date palm.........  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Planchonia careya = Careya        Patana oak, kumbhi  Peach.
 arborea.
Pouteria caimito................  Abiu..............  Sapote.
Pouteria campechiana............  Eggfruit tree.....  Oriental, Sapote.
Pouteria obovata................  Lucmo.............  Sapote.
Pouteria viridis................  Sapote, green.....  Sapote.
Prunus americana................  Plum, American....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus armeniaca................  Apricot...........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus avium....................  Sweet cherry......  Mediterranean,
                                                       Peach.
Prunus cerasus..................  Sour cherry.......  Mediterranean,
                                                       Peach.
Prunus domestica................  Plum, European....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus dulcis = P. amygdalus....  Almond with husk..  Mediterranean,
                                                       Peach.\5\
Prunus ilicifolia...............  Cherry, Catalina..  Oriental, Peach.
Prunus lusitanica...............  Cherry, Portuguese  Oriental, Peach.
Prunus persica..................  Peach.............  All.
Prunus persica var. nectarine...  Nectarine.........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
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.

[[Page 53178]]

 
Spondias spp....................  Spanish plum,       Mexican.
                                   purple mombin or
                                   Ciruela.
Spondias tuberose...............  Imbu..............  Oriental.
Syzygium aquem..................  Water apple,        Peach.
                                   watery roseapple.
Syzygium cumini.................  Java plum,          Peach.
                                   jambolana.
Syzygium jambos = Eugenia jambos  Rose apple........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach,
                                                       West Indian.
Syzygium malaccense = Eugenia     Mountain apple,     Mediterranean,
 malaccensis.                      Malay apple.        Peach, West
                                                       Indian.
Syzygium samarangense...........  Java apple........  Peach.
Terminalia bellirica............  Myrobalan,          Peach.
                                   belleric.
Terminalia catappa..............  Tropical almond...  Oriental, Peach.
Terminalia chebula..............  Myrobalan, black    Mediterranean,
                                   or chebulic.        Oriental, Peach.
Thevetia peruviana..............  Yellow oleander...  Mediterranean,
                                                       Oriental.
Trichosanthis spp...............  Gourds............  Melon, Peach.
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) 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 a fruit 
fly subject to the regulations in this subpart has been found by an 
inspector, or in which the Administrator has reason to believe that the 
fruit fly is present, or that the Administrator considers necessary to 
quarantine because of its inseparability for quarantine enforcement 
purposes from localities in which the fruit fly has been found. Less 
than an entire State will be designated as a quarantined area only if 
the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the fruit fly.
    (b)(1) The Administrator or an inspector may temporarily designate 
any nonquarantined area in a State as a quarantined area in accordance 
with the criteria specified in paragraph (a) of this section for 
listing such area. The Administrator will give a written notice of this 
temporary designation and a copy of these regulations 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 the regulations in this 
subpart. As soon as practicable, the area will be added to the 
appropriate list in paragraph (c) of this section or the temporary 
designation of the quarantined area may be terminated by the 
Administrator or an inspector in accordance with the criteria specified 
in paragraph (b)(2) of this section. The owner or person in possession 
of an area for which designation as a quarantined area is terminated 
will be given notice of the termination as soon as practicable.
    (2) The Administrator or an inspector may terminate the temporary 
designation of a quarantined area or the designation of a quarantined 
area listed in paragraph (c) of this section 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. The Administrator will give 
written notice of this termination to the owner or person in possession 
of the area that has been quarantined; thereafter, the interstate 
movement of regulated articles from the area will no longer be subject 
to the regulations in this subpart. As soon as practicable, the area 
listed in paragraph (c) will be removed from the list in paragraph (c) 
of this section.
    (c) The areas described below are designated as quarantined areas:

[[Page 53179]]

    (1) Mediterranean fruit fly. There are no areas in the continental 
United States quarantined for the Mediterranean fruit fly.
    (2) Melon fruit fly. There are no areas in the continental United 
States quarantined for the melon fruit fly.
    (3) Mexican fruit fly. The following areas in Texas are quarantined 
for the Mexican fruit fly:
    Cameron County. The entire county.
    Hidalgo County. The entire county.
    Willacy County. The entire county.
    (4) Oriental fruit fly. There are no areas in the continental 
United States quarantined for the Oriental fruit fly.
    (5) Peach fruit fly. There are no areas in the continental United 
States quarantined for the peach fruit fly.
    (6) Sapote fruit fly. There are no areas in the continental United 
States quarantined for the sapote fruit fly.
    (7) West Indian fruit fly. There are no areas in the continental 
United States quarantined for the West Indian fruit fly.


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.


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

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

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

    (1)(i) The regulated article has been treated under the direction 
of an inspector in accordance with Sec.  301.32-10; or
    (ii) Based on inspection of the premises of origin, the premises 
are free from fruit flies; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of fruit flies; 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.


Sec.  301.32-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person is aware of this subpart, agrees to comply 
with its provisions, and agrees to comply with all the provisions 
contained in the compliance agreement.\5\
---------------------------------------------------------------------------

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

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[[Page 53180]]

    (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.


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 for the fruit fly species 
indicated:

 
 
 
Mexican fruit fly.................  Drench the soil under the host
                                     plants with 5 lb a.i. diazinon per
                                     acre (0.12 lb or 2 oz avdp per
                                     1,000 ft \2\) mixed with 130 gal of
                                     water per acre (3 gal per 1,000 ft
                                     \2\). Apply at 14- to 16-day
                                     intervals as needed. Repeat
                                     applications if infestations become
                                     established. In addition to the
                                     above, follow all label directions
                                     for diazinon.
Oriental and Mediterranean fruit    Apply diazinon at the rate of 5
 flies.                              pounds active ingredient per acre
                                     to the soil within the dripline
                                     with sufficient water to wet the
                                     soil to at least a depth of 0.5
                                     inch. Both immersion and pour-on
                                     treatment procedures are also
                                     acceptable.
All other fruit flies.............  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.
 

    (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--Mexican Fruit Fly Quarantine and Regulations [Removed]

    3. Subpart--Mexican Fruit Fly Quarantine and Regulations, 
consisting of Sec. Sec.  301.64 through 301.64-10, is removed.

Subpart--Mediterranean Fruit Fly [Removed]

    4. Subpart--Mediterranean Fruit Fly, consisting of Sec. Sec.  
301.78 through 301.78-10, is removed.

Subpart--Oriental Fruit Fly [Removed]

    5. Subpart--Oriental Fruit Fly, consisting of Sec. Sec.  301.93 
through 301.93-10, is removed.

Subpart--Melon Fruit Fly [Removed]

    6. Subpart--Melon Fruit Fly, consisting of Sec. Sec.  301.97 
through 301.97-10, is removed.

[[Page 53181]]

Subpart--West Indian Fruit Fly [Removed]

    7. Subpart--West Indian Fruit Fly, consisting of Sec. Sec.  301.98 
through 301.98-10, is removed.

Subpart--Sapote Fruit Fly [Removed]

    8. Subpart--Sapote Fruit Fly, consisting of Sec. Sec.  301.99 
through 301.99-10, is removed.

PART 305--PHYTOSANITARY TREATMENTS

    9. The authority citation for part 305 continues to read as 
follows:

    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.

    10. In Sec.  305.2, the table in paragraph (h)(2)(ii) is amended by 
removing, in the entry for ``Areas in the United States under Federal 
quarantine for the listed pest'', the entries for ``Any fruit listed in 
Sec.  301.64-2(a) of this chapter'' and ``Any article listed in Sec.  
301.78-2(a) of this chapter'' and adding a new entry in their place to 
read as set forth below.


Sec.  305.2  Approved treatments.

* * * * *
    (h) * * *
    (2) * * *
    (ii) * * *

----------------------------------------------------------------------------------------------------------------
              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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  305.32  [Amended]

    11. Section 305.32 is amended as follows:
    a. In the introductory text, by removing the word ``fruit'' and 
adding the words ``berry, fruit, nut, or vegetable'' in its place, and 
by removing the citation ``Sec.  301.64-2(a)'' and adding the citation 
``Sec.  301.32-2(a)'' in its place.
    b. In paragraph (a)(1), by removing the words ``Mexican fruit fly'' 
and adding the words ``the fruit fly of concern'' in their place, and 
by removing the words ``the fruit'' and adding the words ``the 
regulated articles'' in their place.
    c. In paragraph (a)(2), by removing the words ``fruit, except that 
fruit'' and adding the words ``regulated articles, except that 
articles'' in their place.
    d. In paragraph (a)(3), by removing the citation ``Sec.  301.64-6'' 
and adding the citation ``Sec.  301.32-6'' in its place.
    e. In paragraph (d), by removing the words ``Mexican fruit fly'' 
and adding the words ``the fruit fly of concern'' in their place.
    f. In paragraph (e)(2), by removing the words ``Mexican fruit fly'' 
and adding the words ``the fruit fly of concern'' in their place.
    g. In paragraph (i), by removing the words ``Mexican fruit fly'' 
and adding the words ``fruit flies'' in their place, and by adding the 
words ``and vegetables'' after the word ``fruits''.


Sec.  305.33  [Removed and reserved]

    12. Section 305.33 is removed and reserved.

    Done in Washington, DC, this 12th day of September 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-18316 Filed 9-17-07; 8:45 am]
BILLING CODE 3410-34-P