[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2001 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
7
Parts 300 to 399
Revised as of January 1, 2001
Agriculture
Containing a codification of documents of general
applicability and future effect
As of January 1, 2001
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2001
For sale by the Superintendent of Documents, U.S. Government Printing
Office
Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-
2250
Mail: Stop SSOP, Washington, DC 20402-0001
[[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:
Material Approved for Incorporation by Reference........ 483
Table of CFR Titles and Chapters........................ 485
Alphabetical List of Agencies Appearing in the CFR...... 503
List of CFR Sections Affected........................... 513
[[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, 2001), 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.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
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) 523-4534.
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
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
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The Office of the Federal Register also offers a free service on the
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site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2001.
[[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, 1600-1899, 1900-1939, 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, 2001.
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. Part 900--General Regulations is carried as a note in the
volume containing parts 1000-1199, as a convenience to the user.
Redesignation tables appear in the Finding Aids section of the
volumes containing parts 210-299 and parts 1600-1899.
[[Page x]]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 300 to 399)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued):
Part
chapter iii--Animal and Plant Health Inspection Service,
Department of Agriculture................................. 300
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
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Part Page
300 Incorporation by reference.................. 7
301 Domestic quarantine notices................. 7
318 Hawaiian and territorial quarantine notices. 152
319 Foreign quarantine notices.................. 193
322 Honeybees and honeybee semen................ 350
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 354
331
Plant pest regulations governing interstate movement of certain products
and articles [Reserved]
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............................. 372
351 Importation of plants or plant products by
mail.................................... 390
352 Plant quarantine safeguard regulations...... 392
353 Export certification........................ 404
354 Overtime services relating to imports and
exports; and user fees.................. 413
355 Endangered species regulations concerning
terrestrial plants...................... 437
356 Forfeiture procedures....................... 443
360 Noxious weed regulations.................... 447
361 Importation of seed and screenings under the
Federal Seed Act........................ 450
370 Freedom of information...................... 467
371 Organization, functions, and delegations of
authority............................... 468
372 National Environmental Policy Act
implementing procedures................. 474
380 Rules of practice governing proceedings
under certain acts...................... 479
381-399 [Reserved]
[[Page 7]]
PART 300--INCORPORATION BY REFERENCE--Table of Contents
Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22, 2.80,
and 371.2(c).
Sec. 300.1 Materials incorporated by reference.
(a) Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual, which was reprinted November
30, 1992, and includes all revisions through May 2000, 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.
(1) The treatments specified in the Plant Protection and Quarantine
Treatment Manual and its revisions are required to authorize the
movement of certain articles regulated by domestic quarantines (7 CFR
parts 301 and 318) and foreign quarantines (7 CFR part 319).
(2) Availability. Copies of the Plant Protection and Quarantine
Treatment Manual:
(i) Are available for inspection at the Office of the Federal
Register Library, 800 North Capitol Street NW, Suite 700, Washington,
DC; or,
(ii) May be obtained by writing or calling the Animal and Plant
Health Inspection Service, Documents Management Branch, Printing
Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD
20737-1229, (301) 734-5524; or
(iii) May be obtained from field offices of the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine. Addresses of
these offices may be found in local telephone directories.
(b) Dry Kiln Operator's Manual. 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.
(1) 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.
(2) Availability. Copies of the Dry Kiln Operator's Manual are
available for inspection at the Office of the Federal Register Library,
800 North Capitol Street NW, Suite 700, Washington, DC, or 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.
[60 FR 27673, May 25, 1995, as amended at 60 FR 50384, Sept. 29, 1995;
61 FR 5924, Feb. 15, 1996; 62 FR 595, Jan. 6, 1997; 62 FR 36974, July
10, 1997; 63 FR 68164, Dec. 10, 1998; 64 FR 37665, July 13, 1999; 65 FR
37667, June 15, 2000]
PART 301--DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart--Imported Plants and Plant Parts
Sec.
301.10 Definitions.
301.11 Notice of quarantine; prohibition on the interstate movement of
certain imported plants and plant parts.
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.
[[Page 8]]
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.
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.
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--Mexican Fruit Fly Quarantine and Regulations
301.64 Quarantine and regulations; restrictions on interstate movement
of regulated articles.
301.64-1 Definitions.
301.64-2 Regulated articles.
301.64-3 Regulated areas.
301.64-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.64-5 Issuance and cancellation of certificates and limited permits.
301.64-6 Compliance agreement and cancellation thereof.
301.64-7 Assembly and inspection of regulated articles.
301.64-8 Attachment and disposition of certificates and limited
permits.
301.64-9 Costs and charges.
301.64-10 Treatments.
Subpart--Plum Pox
301.74 Restrictions on interstate movement of regulated articles.
[[Page 9]]
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 articles from a quarantined
area, general requirements.
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.
Subpart--Mediterranean Fruit Fly
301.78 Restrictions on interstate movement of regulated articles.
301.78-1 Definitions.
301.78-2 Regulated articles.
301.78-3 Quarantined areas.
301.78-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.78-5 Issuance and cancellation of certificates and limited permits.
301.78-6 Compliance agreements and cancellation.
301.78-7 Assembly and inspection of regulated articles.
301.78-8 Attachment and disposition of certificates and limited
permits.
301.78-9 Costs and charges.
301.78-10 Treatments.
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.
[[Page 10]]
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--Sugarcane Diseases
Quarantine and Regulations
301.87 Quarantine; restrictions on interstate movement of specified
articles.
301.87-1 Definitions.
301.87-2 Regulated articles.
301.87-3 Regulated areas.
301.87-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
301.87-5 Issuance and cancellation of certificates and limited permits.
301.87-6 Compliance agreement; cancellation.
301.87-7 Assembly and inspection of regulated articles.
301.87-8 Attachment and disposition of certificates and limited
permits.
301.87-9 Costs and charges.
301.87-10 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 and disinfection.
301.89-13 Treatments.
301.89-14 Compensation for the 1995-1996 crop season.
301.89-15 Compensation for growers, handlers, and seed companies in the
1996-1997 and 1997-1998 crop seasons.
301.89-16 Compensation for grain storage facilities, flour millers, and
National Survey participants for the 1996-1997 and 1997-1998
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--Oriental Fruit Fly
301.93 Restrictions on interstate movement of regulated articles.
301.93-1 Definitions.
301.93-2 Regulated articles.
301.93-3 Quarantined areas.
301.93-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.93-5 Issuance and cancellation of certificates and limited permits.
301.93-6 Compliance agreements and cancellation.
301.93-7 Assembly and inspection of regulated articles.
301.93-8 Attachment and disposition of certificates and limited
permits.
301.93-9 Costs and charges.
301.93-10 Treatments.
Subpart--Melon Fruit Fly
301.97 Restrictions on interstate movement of regulated articles.
301.97-1 Definitions.
301.97-2 Regulated articles.
301.97-3 Quarantined areas.
301.97-4 Conditions governing the interstate movement of regulated
articles from regulated areas.
301.97-5 Issuance and cancellation of certificates and limited permits.
301.97-6 Compliance agreements and cancellation.
301.97-7 Assembly and inspection of regulated articles.
301.97-8 Attachment and disposition of certificates and limited
permits.
301.97-9 Costs and charges.
301.97-10 Treatments.
Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-
7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.
[[Page 11]]
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293, and sec. 203, title II, Pub. L. 106-224, 114
Stat. 400 (7 U.S.C. 1421 note).
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--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\
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\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 section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and
sections 105 and 10 of the Federal Plant Pest Act (7 U.S.C. 150dd,
150ff).
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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.
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
[[Page 12]]
found by the Administrator to be adequate to prevent the introduction of
rust-susceptible varieties of the genera Berberis, Mahoberberis, and
Mahonia into protected areas.
Inspector. Any APHIS employee or other person authorized by the
Administrator in accordance with law to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement into or through a protected area of regulated
articles not eligible for certification under this subpart to a
specified destination outside the protected area.
Moved (movement, move). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
``Movement'' and ``move'' shall be construed in accordance with this
definition.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Protected area. Those States or counties designated in Sec. 301.38-
3(c) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia species, 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 (b) and (c).
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\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 species not listed as rust-resistant under
Sec. 301.38-2 (b) and (c).
Regulated article. Any article listed in Sec. 301.38-2 (a) through
(d) of this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.38-2(e) 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]
Sec. 301.38-2 Regulated articles.
The following are regulated articles: \3\
---------------------------------------------------------------------------
\3\ Permit and other requirements for the interstate movement of
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(a) All seedlings and plants of less than 2 years' growth of the
genus Berberis.
(b) All plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species.
B. aridocalida
B. beaniana
B. buxifolia
B. buxifolia nana
B. calliantha
B. candidula
B. candidula `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. gagnepaini
B. gilgiana
B. gladwynensis
B. gladwynensis `William Penn'
[[Page 13]]
B. gyalaica
B. heterophylla
B. horvathi
B. hybrido-gagnepaini
B. insignis
B. julianae
B. julianae `Nana'
B. julianae `Spring Glory'
B. koreana
B. koreana X B. thunbergii hybrid Bailsel
B. koreana X B. thunbergii hybrid Tara
B. lempergiana
B. lepidifolia
B. linearifolia
B. linearifolia var. `Orange King'
B. lologensis
B. manipurana
B. media `Park Jewel'
B. media `Red Jewel'
B. mentorensis
B. pallens
B. potanini
B. Renton
B. replicata
B. sanguinea
B. sargentiana
B. sikkimensis
B. stenophylla
B. stenophylla diversifolia
B. stenophylla irwini
B. stenophylla gracilis
B. stenophylla nana compacta
B. taliensis
B. telomaica artisepala
B. thunbergii
B. thunbergii aurea
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 nana
B. thunbergii atropurpurea `Redbird'
B. thunbergii atropurpurea `Rose Glow'
B. thunbergii `Bagatelle'
B. thunbergii `Bailone'
B. thunbergii `Bailtwo'
B. thunbergii `Bonanza Gold'
B. thunbergii `Crimson Pygmy'
B. thunbergii `Dwarf Jewell'
B. thunbergii erecta
B. thunbergii `globe'
B. thunbergii `golden'
B. thunbergii `Harlequin'
B. thunbergii `Helmond Pillar'
B. thunbergii `Kobold'
B. thunbergii `Lustre Green'
B. thunbergii maximowiczi
B. thunbergii minor
B. thunbergii `Monry'
B. thunbergii `Monlers'
B. thunbergii `Monomb'
B. thunbergii `Pink Queen'
B. thunbergii pluriflora
B. thunbergii `Sparkle'
B. thunbergii `Thornless'
B. thunbergii `Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
(c) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species, except Mahonia cuttings for decorative purposes:
(1) Genera Mahoberberis:
M. aqui-candidula
M. aqui-sargentiae
M. miethkeana
(2) Genera 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 `Winter Sun'
M. `Arthur Menzies'
M. bealei
M. dictyota
M. fortunei
M. `Golden Abundance'
M. japonica
M. lomarifolia
M. nervosa
M. pinnata
M. pinnata `Ken Hartman'
M. piperiana
M. pumila
M. repens
(d) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the general
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible
species and varieties of the genera Mahoberberis and Mahonia, except
Mahonia cuttings for decorative purposes.
(e) Any other product or article not listed in paragraphs (a)
through (d) 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
[[Page 14]]
or article that it is subject to the provisions of this subpart.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at
56 FR 7784, Feb. 26, 1991; 57 FR 54166, Nov. 17, 1992; 58 FR 8820, Feb.
17, 1993; 59 FR 9066, Feb. 25, 1994; 59 FR 17917, Apr. 15, 1994; 60 FR
38667, July 28, 1995]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(c) of this section any State that has eradicated rust-susceptible
plants of the genera Berberis, Mahoberberis, and Mahonia under the
cooperative Federal-State eradication program. In addition, the State
must employ personnel with responsibility for the issuance and
withdrawal of certificates in accordance with Sec. 301.38-5, and
maintain and enforce an inspection program under which every plant
nursery within the State is inspected at least once each year to ensure
that they are free of rust-susceptible plants. During the requisite
nursery inspections, all nursery stock shall be examined to determine
that it consists only of rust-resistant varieties of the genera
Berberis, Mahoberberis, and Mahonia, and that the plants are true to
type. Plants that do not meet this criteria must be destroyed.
(b) The Administrator may designate as a protected area any county
within a State, rather than the entire State, if areas within the State
have eradicated rust-susceptible plants of the genera Berberis,
Mahoberberis, and Mahonia under the cooperative Federal-State program,
and;
(1) The State employs personnel with responsibility for the issuance
and withdrawal of certificates in accordance with Sec. 301.38-5;
(2) The State is enforcing restrictions on the intrastate movement
of the regulated articles that are equivalent to those imposed by this
subpart on the interstate movement of regulated articles, as determined
by the Administrator; and
(3) The State maintains and enforces an inspection program under
which every plant nursery within the county is inspected at least once
each year to ensure that plant nurseries within that area are free of
rust-susceptible plants of the genera Berberis, Mahoberberis, and
Mahonia. During the requisite nursery inspections, all nursery stock
shall be examined to determine that it consists only of rust-resistant
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that
the plants are true to type. Plants that do not meet this criteria must
be destroyed.
(c) All seed used to propagate plants of the genera Berberis,
Mahoberberis, and Mahonia in protected areas, and all seed used to
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that
are certified as rust-resistant for interstate movement into protected
areas, must be produced at properties where a State inspector has
verified that no wild or domesticated rust-susceptible plants are
growing at or within one-half mile of the property.\4\
---------------------------------------------------------------------------
\4\ Persons performing the inspections must be able to recognize
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia.
Inspectors must work side by side, 10 to 20 feet apart, and walk outward
away from the property a distance of one-half mile measured from the
edge of the property, and observe all plants growing in the half-mile
band. The distance between the inspectors may vary within this range,
depending upon the visibility of the plant growth. In areas with low
brush and flat terrain, the inspectors may be the maximum distance of 20
feet apart if they can observe all plants growing within 10 feet of
them. In areas of high plant growth or hilly terrain, the inspectors
must be closer together due to limited or obstructed visibility.
Inspectors must observe all plants growing between themselves and the
mid-point of the distance between themselves and the next inspector.
This process must be repeated so that the entire band, measured from the
border of the property to the circumference of an imaginary circle
having the property as its mid-point, is visually inspected in this
manner.
---------------------------------------------------------------------------
(d) The following are designated as protected areas:
(1) The States of Illinois, Indiana, Iowa, Kansas, Michigan,
Minnesota, 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,
[[Page 15]]
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 (c) 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]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. (1) Interstate movement of regulated
articles into or through any State or area that is not designated a
protected area under Sec. 301.38-3(c) 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 Berberis seedlings and plants of less than 2 years' growth,
and rust-susceptible Berberis plants, seeds, fruits, and other plant
parts capable of propagation.
(ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings,
seeds, fruits, and other plant parts capable of propagation.
(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 Secs. 301.38-5 and 301.38-7 of
this subpart:
(i) Plants of at least two years' growth, seeds, fruits, and other
plant parts capable of propagation of the genus Berberis that are
designated as rust-resistant in Sec. 301.38-2(b) of this subpart;
(ii) Plants, seedlings, seeds, fruits, and other plant parts capable
of propagation of the genera Mahoberberis and Mahonia that are
designated as rust-resistant in Sec. 301.38-2(c) 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.
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
[[Page 16]]
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.
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\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 Sec. 301.38-4; and
(2) Determines that the regulated article may be moved interstate in
accordance with all other Federal domestic plant quarantines and
regulations applicable to the regulated article.
(c) Certificates for interstate movement of regulated articles may
be issued by an inspector to a person operating under a compliance
agreement for use with subsequent shipments of regulated articles to
facilitate their movement. A person operating under a compliance
agreement must make the determinations set forth in paragraph (b) of
this section before shipping any regulated articles.
(d) Any certificate that has been issued may be withdrawn by an
inspector, orally or in writing, if he or she determines that the holder
of the certificate has not complied with the conditions of this subpart
for the use of the certificate. If the withdrawal is oral, the inspector
will confirm the withdrawal and the reasons for the withdrawal, in
writing, within 20 days of oral notification of the withdrawal. Any
person whose certificate has been withdrawn may appeal the decision, in
writing within 10 days after receiving written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the certificate was wrongfully
withdrawn. A hearing will be held to resolve any conflict as to any
material fact. An appeal shall be granted or denied, in writing, as
promptly as circumstances allow, and the reasons for the decision shall
be stated. In a non-protected area, appeal shall be made to the
Administrator. The Administrator shall adopt rules of practice for the
hearing. The certificate will remain withdrawn pending decision of the
appeal.
[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994]
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\
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\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.
[[Page 17]]
The Administrator shall adopt rules of practice for the hearing. The
compliance agreement will remain cancelled pending decision of the
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appeal.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]
Sec. 301.38-7 Attachment and disposition of certificates.
(a) The certificate required for the interstate movement of a
regulated article must, at all times during the interstate movement, be
attached to the outside of the container containing the regulated
article except as follows:
(1) The certificate may be attached to the regulated article itself
if it is not in container; or
(2) The certificate may be attached to the accompanying waybill or
other shipping document if the regulated article is identified and
described on the certificate or waybill.
(b) The carrier must furnish the certificate to the consignee at the
destination of the regulated article.
Sec. 301.38-8 Costs and charges.
The services of an inspector \4\ during normal business hours,
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without
cost to persons requiring the services. The United States Department of
Agriculture will not be responsible for any other costs or charges.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]
Subpart--Gypsy Moth
Source: 58 FR 39423, July 23, 1993, unless otherwise noted.
Sec. 301.45 Notice of quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
sections 105 and 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162,
150dd, 150ee), the Secretary of Agriculture hereby quarantines the
States of Connecticut, Delaware, District of Columbia, 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]
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.
Certificate. A document issued by an inspector, or by a qualified
certified applicator or any other person operating in accordance with a
compliance agreement, to allow the movement of regulated articles to any
destination.
Compliance agreement. A written agreement between a person engaged
in growing, handling, or moving regulated articles, and APHIS, wherein
the
[[Page 18]]
former agrees to comply with the requirements of the compliance
agreement.
Effectively diminishing. An eradication program is considered to be
effectively diminishing the gypsy moth population of an area if the
results of two successive annual Federal or State delimiting trapping
surveys of the area conducted in accordance with Section II, ``Survey
Procedures--Gypsy Moth,'' of the Gypsy Moth Treatment Manual show that
the average number of gypsy moths caught per trap in the second
delimiting survey (when comparable geographical areas and trapping
densities are used) is: (1) Less than 10, and (2) less than the average
number of gypsy moths caught per trap in the first survey.
Eradication program. A program that uses pesticide application,
biological controls, or other methods with the goal of eliminating gypsy
moth from a particular area.
General infestation. (1) The detection of gypsy moth egg masses
through visual inspection by an inspector during a 10-minute walk
through the area; however, it does not include the presence of gypsy
moth egg masses which are found as a result of hitchhiking on transitory
means of conveyance; or
(2) The detection of gypsy moth through multiple catches of adult
gypsy moths at multiple trapping locations in the area over a period of
2 or more consecutive years, if the Administrator determines, after
consulting with the State plant regulatory official, that gypsy moth is
established in the area.
Generally infested area. Any State, or portion thereof, listed as a
generally infested area in Sec. 301.45-3 or temporarily designated as a
generally infested area in accordance with Sec. 301.45-2(c).
Gypsy moth. The live insect known as the gypsy moth, Lymantria
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
Inspector. Any employee of APHIS, a State government, or any other
person, authorized by the Administrator in accordance with law to
enforce the provisions of the quarantine and regulations in this
subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement of regulated articles to a specified destination.
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.
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) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial
applicator in a category allowing use of the restricted pesticides Spray
N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No.
45639-1), and acephate (Orthene); (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 and plant regulatory
officials for the States and Territories of the United States are
available upon request from the regional offices of the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, or 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.
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[[Page 19]]
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 wood chips.
(3) Mobile homes and associated equipment.
(4) Any other products, articles, or means of conveyance, of any
character whatsoever, when it is determined by an inspector that any
life stage of gypsy moth is in proximity to such articles and the
articles present a high risk of artificial spread of gypsy moth
infestation and the person in possession thereof has been so notified.
State. Any State, Territory, or District of the United States
including Puerto Rico.
Treatment manual. The provisions currently contained in the Gypsy
Moth Program Manual 2 and the Plant Protection and Quarantine
Treatment Manual.3
---------------------------------------------------------------------------
\2\ Pamphlets containing such provisions are available upon request
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. Relevant portions of the Gypsy Moth
Program Manual are published as an appendix to these regulations.
\3\ The Plant Protection and Quarantine Treatment Manual is
incorporated by reference. For the full identification of this standard,
see Sec. 300.1 of this chapter, ``Materials incorporated by reference.''
---------------------------------------------------------------------------
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]
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 Integrated Pest Management (IPM) 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 March 18, 1985; 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
[[Page 20]]
area will be adequate to prevent the artificial interstate spread of
infestations of the gypsy moth.
(c) Temporary designation of areas as generally infested areas. The
Administrator or an inspector may temporarily designate any area in any
State as a generally infested area in accordance with the criteria
specified in paragraph (a) of this section. An inspector will give
written notice of the designation to the owner or person in possession
of the area and thereafter, the interstate movement of any regulated
article from such areas is subject to the applicable provisions of this
subpart. As soon as practicable, each generally infested area will be
added to the list in Sec. 301.45-3 or the designation will be terminated
by the Administrator or an authorized inspector, and notice thereof
shall be given to the owner or person in possession of the areas.
(d) Termination of designation as a generally infested area. The
Administrator shall terminate the designation of any area as a generally
infested area whenever the Administrator determines that the area no
longer requires designation under the criteria specified in paragraph
(a) of this section.
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.
Indiana
Allen County. The entire county.
Elkhart County. The entire county.
LaGrange County. The entire county.
Porter County. The entire county.
Steuben County. The entire county.
Maine
Androscoggin County. The entire county.
Aroosktook 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,
[[Page 21]]
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, 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
Alcona County. The entire county.
Alger County. The entire county.
Allegan County. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Arenac County. The entire county.
Barry County. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch County. The entire county.
Calhoun County. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Cheboygan County. The entire county.
Chippewa County. The entire county.
Clare County. The entire county.
Clinton County. The entire county.
Crawford County. The entire county.
Delta County. The entire county.
Dickinson County. The entire county.
Eaton County. The entire county.
Emmet County. The entire county.
Genesee County. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot County. The entire county.
Hillsdale County. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia County. The entire county.
Iosco County. The entire county.
Isabella County. The entire county.
Jackson County. The entire county.
Kalamazoo County. The entire county.
Kalkaska County. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Leelanau County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Luce County. The entire county.
Mackinaw County. The entire county.
Macomb County. The entire county.
Manistee County. The entire county.
Marquette County. The entire county.
Mason County. The entire county.
Mecosta County. The entire county.
Menominee County. The entire county.
Midland County. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm County. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland County. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Roscommon County. The entire county.
Saginaw County. The entire county.
St. Clair County. The entire county.
[[Page 22]]
St. Joseph County. The entire county.
Sanilac County. The entire county.
Schoolcraft County. The entire county.
Shiawassee County. The entire county.
Tuscola County. The entire county.
Van Buren County. The entire county.
Washtenaw County. The entire county.
Wayne County. The entire county.
Wexford County. The entire county.
New Hampshire
The entire State.
New Jersey
The entire State.
New York
The entire State.
North Carolina
Currituck County. The entire county.
Dare County. The area bounded by a line beginning at the
intersection of State Road 1208 and Roanoke Sound; then easterly along
this road to its junction with State Road 1206; then southerly along
this road to its 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.
Erie 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.
Holmes County. The entire county.
Jefferson 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.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Portage County. The entire county.
Sandusky County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Pennsylvania
The entire State.
Rhode Island
The entire State.
Vermont
The entire State.
Virginia
City of Alexandria. The entire city.
City of Bedford. The entire city.
City of Buena Vista. The entire city.
City of Charlottesville. The entire city.
City of Chesapeake. The entire city.
City of Colonial Heights. The entire city.
City of 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.
[[Page 23]]
City of Poquoson. The entire city.
City of Portsmouth. The entire city.
City of Richmond. 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.
Appomatox 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.
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.
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.
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.
West Virginia
Barbour County. The entire county.
Berkeley County. The entire county.
Brook County. The entire county.
Doddridge County. The entire county.
Grant County. The entire county.
Hampshire County. The entire county.
Harrison County. The entire county.
Hancock County. The entire county.
Hardy County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
[[Page 24]]
Marion County. The entire county.
Marshall County. The entire county.
Mineral County. The entire county.
Monongalia County. The entire county.
Morgan County. The entire county.
Ohio County. The entire county.
Pendleton County. The entire county.
Pocahontas County. The entire county.
Preston County. The entire county.
Randolph 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.
Wisconsin
Brown County. The entire county.
Calumet County. The entire county.
Dodge County. The entire county.
Door County. The entire county.
Fond du Lac. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
Manitowoc County. The entire county.
Marinette County. The entire county.
Menominee County. The entire county.
Milwaukee County. The entire county.
Oconto County. The entire county.
Outagamie County. The entire county.
Ozaukee County. The entire county.
Racine County. The entire county.
Shawano County. The entire county.
Sheboygan County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Winnebago 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]
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
Secs. 301.45-5 and 301.45-8.4
---------------------------------------------------------------------------
\4\ 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
Secs. 301.45-5 and 301.45-8.
(b) A regulated article originating outside of any generally
infested area may be moved interstate directly through any generally
infested area without a certificate or permit if the point of origin of
the article is clearly indicated by shipping documents, its identity has
been maintained, and it has been safeguarded against infestation while
in any generally infested area during the months of April through June.
To be safeguarded, the article must be in an enclosed vehicle, or
completely enclosed by a covering adequate to prevent access by gypsy
moths, such as canvas, plastic, or closely woven cloth.
(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
[[Page 25]]
or label bearing a permit number corresponding to the number of the
permit issued for such article.
(2) The article is logs, pulpwood, or wood chips, 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.
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; 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 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.
[[Page 26]]
(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]
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. 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 (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]
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
[[Page 27]]
such manner as the inspector or qualified certified applicator
designates to facilitate inspection.
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 officer in charge 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]
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 section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd).
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 Federal
Government as a commercial certified applicator under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7
U.S.C. 136b) in a category allowing use of the restricted pesticides
Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration
No. 45639-1), and acephate (Orthene); or
(2) Noncompliance with any of the provisions of this subpart; or,
(3) Failure to attend and complete, each time such person is
recertified as a certified commercial applicator under FIFRA, a workshop
approved by the Administrator on the identification and treatment of
life stages of gypsy moth on outdoor household articles and mobile
homes.
(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
[[Page 28]]
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]
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 8 and 9 of the Plant
Quarantine Act of August 20, 1912, as amended, and section 106 of the
Federal Plant Pest Act (7 U.S.C. 161, 162, and 150ee), the Secretary of
Agriculture heretofore determined after public hearing to quarantine the
States of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana,
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, Idaho, Nevada, Oregon, Utah, and Washington.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
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 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.
[[Page 29]]
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]
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
(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
[[Page 30]]
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 the Treatment Manual
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
the Treatment Manual.
(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]
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 section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal
Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued
by the Administrator.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]
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
[[Page 31]]
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 section 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]
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.
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 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.
[[Page 32]]
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]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark nuggets (including
bark chips); 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]
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. 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:
Illinois
Boone County. The entire county.
Bureau County. The entire county.
Champaign County. The entire county.
Cook. The entire county.
De Kalb County. The entire county.
Du Page. The entire county.
Grundy County. The entire county.
Iroquois. The entire county.
Kane County. The entire county.
Kankakee. 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. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Ogle County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Stephenson County. The entire county.
Vermilion 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.
Benton. The entire county.
Blackford County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
De Kalb. The entire county.
Delaware. The entire county.
Elkhart County. The entire county.
Fountain County. The entire county.
Fulton County. The entire county.
[[Page 33]]
Grant. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington. The entire county.
Jasper County. The entire county.
Jay 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. The entire county.
Montgomery County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Randolph County. The entire county.
Rush County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe. The entire county.
Tipton 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. The entire county.
Whitley County. The entire county.
Maryland
Allegany County. The entire county.
Garrett County. The entire county.
Washington County. The entire county.
Michigan
Alcona County. The entire county.
Allegan. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Arenac County. The entire county.
Barry. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch. The entire county.
Calhoun. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Cheboygan County. The entire county.
Chippewa County. The entire county.
Clare County. The entire county.
Clinton. The entire county.
Crawford County. The entire county.
Delta County. The entire county.
Eaton. The entire county.
Emmet County. The entire county.
Genesee. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot. The entire county.
Hillsdale. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia. The entire county.
Iosco County. The entire county.
Isabella. The entire county.
Jackson. The entire county.
Kalamazoo. The entire county.
Kalkasa County. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Leelanau County. The entire county.
Lenawee. The entire county.
Livingston. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Macomb. The entire county.
Manistee County. The entire county.
Marquette County. The entire county.
Mason County. Then entire county.
Mecosta County. The entire county.
Midland. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Roscommon County. The entire county.
Saginaw. The entire county.
Schoolcraft County. The entire county.
St. Clair County. The entire county.
St. Joseph County. The entire county.
Sanilac County. The entire county.
Shiawassee. The entire county.
Tuscola. The entire county.
Van Buren. The entire county.
Washtenaw. The entire county.
Wayne. The entire county.
Wexford County. The entire county.
NEW HAMPSHIRE
Coos County. The entire county.
New York
Allegany County. The entire county.
Broome County. The entire county.
Cattaraugus. The entire county.
Cayuga County. The entire county.
Chautauqua. The entire county.
Chemung County. The entire county.
Chenango County. The entire county.
Cortland County. The entire county.
Erie County. The entire county.
Genesee. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
[[Page 34]]
Livingston. The entire county.
Madison County. The entire county.
Monroe. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario. The entire county.
Orleans. The entire county.
Oswego County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Stuben County. The entire county.
Tioga County. The entire county.
Tomkins County. The entire county.
Wayne County. The entire county.
Wyoming. The entire county.
Yates County. The entire county.
Ohio
Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Hancock County. The entire county.
Hardin 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. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Mercer County. The entire county.
Morgan County. The entire county.
Morrow County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Putnam 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.
Union County. The entire county.
Van Wert 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
Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Bedford County. The entire county.
Blair County. The entire county.
Bradford County. The entire county.
Butler County. The entire county.
Cambria County. The entire county.
Cameron County. The entire county.
Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Fayette County. The entire county.
Forest County. The entire county.
Greene County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Somerset County. The entire county.
Tioga County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.
Vermont
Essex County. The entire county.
Orleans County. The entire county.
West Virginia
Brooke County. The entire county.
Hancock County. The entire county.
Marshall County. The entire county.
Ohio County. The entire county.
Tucker County. The entire county.
Tyler County. The entire county.
Wisconsin
Grant County. The entire county.
Green County. The entire county.
Rock County. The entire county.
(d) A map of the quarantined areas follows:
[[Page 35]]
[GRAPHIC] [TIFF OMITTED] TR07MY98.007
[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]
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 Secs. 301.50-5 and 301.50-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1)(i) The regulated article originates outside any quarantined area
and is moved through the quarantined area without stopping (except for
dropoff loads, refueling, or traffic conditions, such as traffic lights
or stop signs) during October, November, or December, or when ambient
air temperature is below 10 deg.C (50 deg.F); or
(ii) The regulated article originates outside any quarantined area
and, during the period of January through September, is moved through
the quarantined area at a temperature higher than 10 deg.C (50 deg.F),
if the article is shipped in an enclosed vehicle or completely covered
(such as with plastic, canvas, or other closely woven cloth) so as to
prevent access by the pine shoot beetle; and
(2) The point of origin of the regulated article is indicted on the
waybill.
(c) With a limited permit issued by the Administrator if the
regulated article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(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]
[[Page 36]]
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
(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 through October; 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 bark attached, pine lumber with bark
attached, or pine stump, from a tree felled during the period of July
through October, will be shipped interstate from the quarantined area
during the period of July through October; and
(3) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to
prevent the spread of the pine shoot beetle; and
---------------------------------------------------------------------------
\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested, infected by, or contain plant pests.
---------------------------------------------------------------------------
(4) The regulated article is eligible for unrestricted movement
under all other Federal domestic plant quarantines and regulations
applicable to the regulated articles.
(b) An inspector \5\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------
(1)(i) The regulated article is to be moved interstate to a
specified destination for specified handling, processing, or utilization
(the destination and other conditions to be listed in the limited
permit), and this interstate movement will not result in the spread of
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 emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent
the spread of the pine shoot beetle; and
[[Page 37]]
(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 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]
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.
---------------------------------------------------------------------------
[[Page 38]]
(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.
Sec. 301.50-10 Treatments.
(a) Fumigation is authorized for use on pine logs with bark
attached, pine lumber with bark attached, pine bark nuggets (including
bark chips), and pine stumps, as follows: Logs, lumber, and stumps may
be treated with methyl bromide at normal atmospheric pressure with 48 g/
m3 (3 lb/1000 ft3) for 16 hours at 21 deg.C (70
deg.F) or above, or 80 g/m3 (5 lb/1000 ft3) 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.
[[Page 39]]
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.
[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]
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
[[Page 40]]
more in diameter of the following genera: Acer (maple), Aesculus (horse
chestnut), Betula (birch), Hibiscus syriacus L. (Rose of Sharon), Malus
(apple), Melia (chinaberry), Morus (mulberry), Populus (poplar), Prunus
(cherry), Pyrus (pear), Robinia (locust), Salix (willow), Ulmus (elm),
and Citrus.
(b) Any other article, product, or means of conveyance not covered
by paragraph (a) of this section if an inspector determines that it
presents a risk of spreading Asian longhorned beetle and notifies the
person in possession of the article, product, or means of conveyance
that it is subject to the restrictions of this subpart.
[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997]
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:
Illinois
Cook County. That area in the Ravenswood community in the city of
Chicago that is bounded as follows: Beginning at the intersection of
North Central Avenue and West Bryn Mawr Avenue; then east along West
Bryn Mawr Avenue to North Western Avenue; then east along an imaginary
line through Rosehill Cemetery to the continuation of West Bryn Mawr
Avenue; then east along West Bryn Mawr Avenue to Lakeshore Drive; then
east along an imaginary line to the shoreline of Lake Michigan; then
south along the shoreline of Lake Michigan to West Diversey Parkway;
then west along West Diversey Parkway to West Diversey Avenue; then west
along West Diversey Avenue to North Central Avenue; then north along
North Central Avenue, along the east edge of the Bohemian National
Cemetery and across Northeast Illinois University campus, to the point
of beginning.
That area in the Kilbourn Park community in the city of Chicago that
is bounded as follows: Beginning at the intersection of West Roscoe
Street and North Knox Avenue; then north along North Knox Avenue to West
Addison Street; then north along an imaginary line to West Patterson
Avenue; then west along West Patterson Avenue to North Lamon Avenue;
then south along North Lamon Avenue to West Addison Street; then south
along an imaginary line to West Roscoe Street; then east
[[Page 41]]
along West Roscoe Street to the point of beginning.
That area in the city of Park Ridge that is bounded as follows:
Beginning at the intersection of Devon Avenue and South Dee Road; then
south along South Dee Road until it turns into North East River Road;
then south along North East River Road to the Kennedy Expressway; then
west along the Kennedy Expressway to the shoreline of the Des Plaines
River; then north along the shoreline of the Des Plaines River to Devon
Avenue; then east along Devon Avenue to the point of beginning.
DuPage County. That area near Addison in DuPage County that is
bounded as follows: Beginning at the intersection of Fullerton Avenue
and Swift Road; then east along Fullerton Avenue to Lombard Road; then
north along Lombard Road to Army Trail; then west along Army Trail to
Swift Road; then south along Swift Road to the point of beginning.
Village of Summit. That area in the Village of Summit that is
bounded as follows: Beginning at the intersection of Archer and 59th
Street; then south along Archer to 67th Street; then east along 67th
Street to the end; then east along the railroad tracks to Sayre; then
north along Sayre to 59th Street; then west along 59th Street to the
point of beginning.
New York
New York City. That area in the boroughs of Manhattan, Brooklyn, and
Queens in the City of New York that is bounded as follows: Beginning at
a point where the Brooklyn Battery Tunnel intersects the Manhattan
shoreline of the East River; then north along the shoreline of the East
River to Whitehall Street; then north along Whitehall Street to
Broadway; then north along Broadway to west 58th Street; then west along
west 58th Street to the shoreline of the Hudson River; then north along
the shoreline of the Hudson River to Martin Luther King, Jr., Boulevard;
then east along Martin Luther King, Jr., Boulevard and across the
Triborough Bridge to the west shoreline of Randall's and Ward's Island;
then east and south along the shoreline of Randall's and Ward's Island
to the Triborough Bridge; then east along the Triborough Bridge to the
Queens shoreline; then north and east along the Queens shoreline to the
western boundary of LaGuardia Airport; then south and east along the
LaGuardia Airport boundary to 94th Street; then south along 94th Street
to Junction Boulevard; then south along Junction Boulevard to Queens
Boulevard; then east along Queens Boulevard to Yellowstone Boulevard;
then south along Yellowstone Boulevard to Woodhaven Boulevard; then
south along Woodhaven Boulevard to Atlantic Avenue; then west along
Atlantic Avenue to the Eastern Parkway Extension; then south and west
along the Eastern Parkway Extension and Eastern Parkway to Grand Army
Plaza; then west along the south side of Grand Army Plaza to Union
Street; then west along Union Street to Van Brunt Street; then south
along Van Brunt Street to Hamilton Avenue and the Brooklyn Battery
Tunnel; then north along Hamilton Avenue and the Brooklyn Battery Tunnel
to the East River; then north along the Brooklyn Battery Tunnel across
the East River to the point of beginning.
That area in the borough of Queens in the City of New York that is
bounded as follows: Beginning at a point where the Grand Central Parkway
intersects the City of New York and Nassau County line; then west along
the Grand Central Parkway to 188th Street; then north along 188th Street
to the northern boundary of the Kissena Corridor; then west along the
northern boundary of the Kissena Corridor, Kissena Park, and Kissena
Corridor Park to Van Wyck Expressway; then north along the Van Wyck
Expresssway to the east shoreline of the Flushing River; then west,
north, and east along the Queens shoreline to the City of New York and
Nassau County line; then southeast along the City of New York and Nassau
County 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
[[Page 42]]
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]
Sec. 301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
(a) Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Secs. 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
[[Page 43]]
issue a certificate for the interstate movement of a regulated article
if he or she determines that the regulated article:
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\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 emergency
conditions that the Administrator may impose under section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd) 2 in order to prevent
the artificial spread of Asian longhorned beetle; and
---------------------------------------------------------------------------
\2\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested by, infected by, or contain plant pests.
---------------------------------------------------------------------------
(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) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 105 of the
Federal Plant Pest Act (7 U.S.C. 150dd) in order to prevent the spread
of Asian longhorned beetle; and
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.51-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and limited
permits may then be completed and used, as needed, for the interstate
movement of regulated articles that have met all of the requirements of
paragraph (a) or (b), respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in
writing by an inspector whenever the inspector determines that the
holder of the certificate or limited permit has not complied with this
subpart or any conditions imposed under this subpart. If the
cancellation is oral, the cancellation will become effective
immediately, and the cancellation and the reasons for 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.
Sec. 301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance
[[Page 44]]
agreement 3 if such persons review with an inspector each
stipulation of the compliance agreement. Any person who enters into a
compliance agreement with APHIS must agree to comply with the provisions
of this subpart and any conditions imposed under this subpart.
---------------------------------------------------------------------------
\3\ Compliance agreements may be initiated by contacting a local
office of APHIS. The addresses and telephone numbers of local offices
are listed in local telephone directories and may also be obtained from
the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector determines that the person who has
entered into the compliance agreement has not complied with this subpart
or any conditions imposed under this subpart. If the cancellation is
oral, the cancellation will become effective immediately, and the
cancellation and the reasons for the cancellation will be confirmed in
writing as soon as circumstances permit. Any person whose compliance
agreement has been cancelled may appeal the decision in writing to the
Administrator within 10 days after receiving the written cancellation
notice. The appeal must state all of the facts and reasons that the
person wants the Administrator to consider in deciding the appeal. A
hearing may be held to resolve a conflict as to any material fact. Rules
of practice for the hearing will be adopted by the Administrator. As
soon as practicable, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision.
Sec. 301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector 4 at least 48 hours before the
services are needed.
---------------------------------------------------------------------------
\4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------
(b) The regulated articles must be assembled at the place and in the
manner that the inspector designates as necessary to comply with this
subpart.
Sec. 301.51-8 Attachment and disposition of certificates and limited permits.
(a) A regulated article must be plainly marked with the name and
address of the consignor and the name and address of the consignee and
must have the certificate or limited permit issued for the interstate
movement of a regulated article securely attached at all times during
interstate movement to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill; Provided, that
the description of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the destination of the shipment.
Sec. 301.51-9 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The user will
be responsible for all costs and charges arising from inspection and
other services provided outside of normal business hours.
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, Oklahoma, 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.
[[Page 45]]
(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]
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:
(a) 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.
(b) 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.
(c) 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.
(d) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.52-2.
(e) Infestation. The presence of the pink bollworm or the existence
of circumstances that make it reasonable to believe that pink bollworm
is present.
(f) 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
[[Page 46]]
by the Deputy Administrator to enforce the provisions of the quarantine
and regulations in this subpart.
(g) 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).
(h) 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.
(i) 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.
(j) Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
(k) Pink bollworm. The live insect known as the pink bollworm of
cotton (Pectinophora gossypiella Saund.), in any stage of development.
(l) 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).
(m) Regulated articles. Any articles described in Sec. 301.52(b).
(n) 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.
(o) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(p) 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).
(q) Treatment manual. The provisions currently contained in the
``Plant Protection and Quarantine Treatment Manual'' and any amendments
thereto. \2\
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\2\ A pamphlet containing such provisions is available, upon
request, from 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.
[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]
Sec. 301.52-2 Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.
The Deputy Administrator shall publish and amend from time to time
as the facts warrant, the following lists:
(a) List of regulated areas and suppressive or generally infested
areas. The Deputy Administrator shall list as regulated areas in a
supplemental regulation designated as Sec. 301.52-2a, the quarantined
States, territories, or districts, or portions thereof, in which pink
bollworm has been found or in which there is reason to believe that pink
bollworm is present, or which it is deemed necessary to regulate because
of their proximity to infestation or their inseparability for quarantine
enforcement purposes from infested localities. The Deputy Administrator,
in the supplemental regulation, may divide any regulated area into a
suppressive area and a generally infested area in accordance with the
definitions thereof in Sec. 301.52-1. Less than an entire quarantined
State, territory, or district will be designated as a regulated area
only if the Deputy Administrator is of the opinion that:
(1) The State, territory, or district has adopted and is enforcing a
quarantine or regulations which imposes restrictions on the intrastate
movement of the regulated articles which are substantially the same as
those which are 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
[[Page 47]]
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.
Oklahoma
(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. \3\
---------------------------------------------------------------------------
\3\ 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 Secs. 301.52-4 and 301.52-7 if moved:
(1) From any regulated area into or through any point outside of the
regulated areas; or
(2) From any generally infested area into or through any suppressive
area; or
(3) Between any noncontiguous suppressive areas; or
(4) Between contiguous suppressive areas when it is determined by
the inspector that the regulated articles present a hazard of the spread
of the pink bollworm and the person in possession thereof has been so
notified; or
(b) From any regulated area, without certificate or permit if moved;
(1) From a generally infested area to a contiguous generally
infested area; or
(2) From a suppressive area to a contiguous generally infested area;
or
(3) Between contiguous suppressive areas unless the person in
possession of the articles has been notified by an inspector that a
hazard of spread of the pink bollworm exists; or
(4) Through or reshipped from any regulated area if the articles
originated outside of any regulated area and if the point of origin of
the articles is clearly indicated, their identity has been maintained
and they have been safeguarded against infestation while in the
regulated area in a manner satisfactory to the inspector; or
(c) From any area outside the regulated areas, without a certificate
or permit if the point of origin of such movement is clearly indicated
on the articles or shipping document which accompanies the articles and
if the movement is not made through any regulated area.
[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]
[[Page 48]]
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 the
treatment manual; 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 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 the pink bollworm and requirements of other
applicable Federal domestic plant quarantines have been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement of regulated articles to any destination
permitted under all applicable Federal domestic plant quarantines (for
other than scientific purposes) if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits may be issued by the Deputy Administrator to
allow the interstate movement of regulated articles for scientific
purposes under such conditions as may be prescribed in each specific
case by the Deputy Administrator.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use by the latter
for subsequent shipments provided such person is operating under a
compliance agreement; and any such person may be authorized by an
inspector to reproduce such forms on shipping containers or otherwise.
Any such person may use the certificate forms, or reproductions of such
forms, for the interstate movement of regulated articles from the
premises of such person identified in the compliance agreement if such
person has made one of the determination specified in paragraph (a) of
this section with respect to such articles. Any such person may use the
limited permit forms, or reproductions of such forms, for interstate
movement of regulated articles to specific destinations authorized by
the inspector in accordance with paragraph (b) of this section. Any such
person may use the restricted destination permit forms, or reproductions
of such forms, for the interstate movement of regulated articles not
eligible for certification under all Federal domestic plant quarantines
applicable to such articles, under the conditions specified in paragraph
(c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector if he determines that the holder
thereof has not complied with any condition for the use of such document
imposed by this subpart.
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 he 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.
[[Page 49]]
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 in section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Plant Pest
Act (7 U.S.C. 150dd), in accordance with instructions issued by the
Deputy Administrator.
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--Mexican Fruit Fly Quarantine and Regulations
Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.
Sec. 301.64 Quarantine and regulations; restrictions on interstate movement of regulated articles.1,2
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\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 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
2 Regulations concerning the movement of live Mexican
fruit flies in interstate or foreign commerce are contained in part 330
of this chapter.
---------------------------------------------------------------------------
(a) Quarantine and regulations. The Secretary of Agriculture hereby
quarantines the State of Texas in order to prevent the artificial spread
of the Mexican fruit fly, a dangerous plant pest not heretofore widely
prevalent or distributed within and throughout the United States; and
hereby establishes regulations governing the interstate movement of
regulated articles specified in Sec. 301.64-2.
(b) Restrictions on interstate movement of regulated articles. No
common carrier or other person shall move from any regulated area any
regulated article interstate into or through American Samoa, Arizona,
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana
Islands, Puerto Rico, Texas, and the Virgin Islands of the United
[[Page 50]]
States, except in accordance with the conditions prescribed in this
subpart.
[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50
FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov.
15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103,
Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62
FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997; 64 FR 40282, July
26, 1999]
Sec. 301.64-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as a 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. 301.64-5(c).
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.
Core area. The 1 square mile area surrounding each property where
Mexican fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of a Mexican fruit fly
life cycle. Day degrees are the product of the following formula, with
all temperatures measured in deg.F:
(Minimum Daily Temp + Maximum Daily Temp)/2)-54 deg.=Day Degrees.
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.
Infestation. The presence of the Mexican fruit fly or the existence
of circumstances that make it reasonable to believe that the Mexican
fruit fly 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. 301.64-5(b).
Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha
ludens (Loew)) in any stage of development.
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, 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 Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated thereunder.
Regulated area. Any State, or any portion thereof, listed in
Sec. 301.64-3(c) or otherwise designated as a regulated area in
accordance with Sec. 301.64-3(b).
Regulated article. Any article listed in Sec. 301.64-2 of otherwise
designated as a regulated article in accordance with Sec. 301.64-2(c).
State. Each of the several States of the United States, the District
of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States and all other territories and possessions
of the United States.
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992]
Sec. 301.64-2 Regulated articles.
(a) The following fruits are regulated articles:
[[Page 51]]
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Lemon (Citrus limon) except Eureka, Lisbon, and Villa Franca cultivars
(smooth-skinned sour lemon)
Lime (Citrus aurantiifolia) except sour limes
Mamey (Mammea americana)
Mandarin orange (tangerine) (Citrus reticulata)
Mango (Mangifera indica)
Nectarine (Prunus persica)
Peach (Prunus persica)
Pear (Pyrus communis)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune, Plum (Prunus domestica)
Plummelo (Shaddock) (Citrus maxima)
Quince (Cydonia oblonga)
Rose apple (Syzygium jambos (Eugenia jambos))
Sour orange (Citrus aurantium)
Sapote (Casimiroa spp.)
Sapota, Sapodilla (Sapotaceae)
Sargentia, yellow chapote (Sargentia greggii)
Spanish plum, purple mombin or Ciruela (Spondias spp.)
Sweet orange (Citrus sinensis)
Except that the list does not include any fruits which have been canned,
or frozen below -17.8 deg. C (0 deg. F);
(b) Soil within the drip line of plants which are producing or have
produced the fruits listed in paragraph (a) of this section, and
(c) Any other product, article, or means of conveyance, of any
character whatsoever, not covered by paragraph (a) or paragraph (b) of
this section, when it is determined by an inspector that it presents a
risk of spread of the Mexican fruit fly and the person in possession
thereof has actual notice that the product, article or means of
conveyance is subject to the restrictions of this section.
[48 FR 54580, Dec. 6, 1983, as amended at 64 FR 71269, Dec. 21, 1999]
Sec. 301.64-3 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 the Mexican fruit fly has been found by an inspector or in which
the Deputy Administrator has reason to believe that the Mexican fruit
fly is present, or each portion of a quarantined State which the Deputy
Administrator deems necessary to regulate because of its proximity to
the Mexican fruit fly or its inseparability for quarantine enforcement
purposes from localities in which the Mexican fruit fly 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 artificial interstate
spread of the Mexican fruit fly.
(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:
Texas
Cameron County. The entire county.
Hidalgo County. The entire county.
Willacy County. The entire county.
[48 FR 54580, Dec. 6, 1983]
Editorial Note: For Federal Register citations affecting
Sec. 301.64-3, see the List of CFR Sections Affected, which appears in
the
[[Page 52]]
Finding Aids section of the printed volume and on GPO Access.
Sec. 301.64-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.
Any regulated article may be moved interstate from any regulated
area in a quarantined State into or through those areas listed in
Sec. 301.64(b) of this subpart only if moved under the following
conditions: \3\
---------------------------------------------------------------------------
\3\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Secs. 301.64-5 and 301.64-8;
(b) Without a certificate or limited permit, if:
(1) Moved to any State not listed in Sec. 301.64(b) or
(2)(i) Moved directly through (moved without stopping except under
normal traffic conditions, such as for traffic lights or stop signs) any
regulated area in an enclosed vehicle or completely enclosed by a
covering adequate to prevent the introduction of the Mexican fruit fly
(such as canvas, plastic , or closely woven cloth), and
(ii) The article originated outside of any regulated area, and
(iii) The point of origin of the article is clearly indicated by
shipping documents and its identity has been maintained.
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992]
Sec. 301.64-5 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 such inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector \4\ in accordance with Sec. 301.64-10; or
---------------------------------------------------------------------------
\4\ Treatments shall be monitored by inspectors in order to assure
compliance with the requirements in this subpart.
---------------------------------------------------------------------------
(ii) Determines based on inspection of the premises of origin that
the premises are free from the Mexican fruit fly and the article has not
been exposed to Mexican fruit fly; or
(iii) Determines based on inspection of the article that it is free
from Mexican fruit fly; and
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); \5\ and
---------------------------------------------------------------------------
\5\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides among other things, that the Secretary of Agriculture may,
whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means or conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
---------------------------------------------------------------------------
(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 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, processing, or for treatment in accordance with
Sec. 301.64-10 (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 the Mexican fruit fly because life stages of the
pest will be destroyed by such specified handling, utilization,
processing, or treatment;
(2) Determines that it is to be moved in compliance with any
additional emergency conditions necessary to prevent the spread of the
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); \5\ and
(3) Determines that it is eligible for such movement under all other
Federal domestic plant quarantines and regulations applicable to such
article.
[[Page 53]]
(c) Certificates and limited permits for use for movement of
regulated articles may be issued by an inspector or 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 such person has treated such regulated article to
destroy infestation in accordance with the provisions in Sec. 301.64-10
and the inspector has made the determination that such article is
otherwise eligible for a certificate in accordance with paragraph (a) of
this section; or if the inspector has made the determination that such
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 such 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 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 writing,
stating the reasons for such decision, as promptly as circumstances
permit. If there is a conflict 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.
Sec. 301.64-6 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.6 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.
---------------------------------------------------------------------------
\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, 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 therefore
shall be confirmed in writing, as promptly as circumstances permit. Any
person whose compliance agreement has been cancelled may appeal the
decision, in writing, 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.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]
[[Page 54]]
Sec. 301.64-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.64-5(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 7 to
take any necessary action under this subpart prior to movement of the
regulated article.
---------------------------------------------------------------------------
\7\ 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 article shall be assembled at such point and in such manner
as the inspector designates as necessary to comply with the requirements
of this subpart.
[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.64-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at the 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.
Sec. 301.64-9 Costs and charges.
The service 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. 301.64-10 Treatments.
Treatments for regulated articles must be one of the following:
(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and
tangerine. Cold treatment in accordance with the PPQ Treatment Manual.
For the full identification of this standard, see Sec. 300.1 of this
chapter, ``Materials incorporated by reference''.
(b) Soil within the dripline of plants that are producing or that
have produced fruits listed in Sec. 301.64-2(a). Remove host fruits from
host plants prior to treatment. Using ground equipment, 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.
(c) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with either
malathion or spinosad bait spray. 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 completion of egg and
larvae development of the Mexican fruit fly. Determination of the time
period must be based on the day degrees model for Mexican 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
[[Page 55]]
and 48 oz of protein hydrolysate per acre. For ground applications, the
mixture may be diluted with water to improve coverage.
(d) Grapefruit and oranges. Methyl bromide in accordance with the
PPQ Treatment Manual.
(e) Grapefruit, oranges, and tangerines. High-temperature forced air
in accordance with the PPQ Treatment Manual.
(f) Citrons, litchis, longans, persimmons, and white zapotes. Cold
treatment in accordance with the PPQ Treatment Manual (for full
identification of this standard, see Sec. 300.1 of this chapter,
``Materials incorporated by reference'') and in accordance with the
following schedule:
------------------------------------------------------------------------
Treatment Exposure period
------------------------------------------------------------------------
33 deg.F or below....................... 18 days.
34 deg.F or below....................... 20 days.
35 deg.F or below....................... 22 days.
------------------------------------------------------------------------
[63 FR 68164, Dec. 10, 1998, as amended at 64 FR 37665, July 13, 1999;
64 FR 71270, Dec. 21, 1999]
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 seciton 10 of the Plant Quarantine Act
(7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest Act
(7 U.S.C. 150dd AND 150ff).
---------------------------------------------------------------------------
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,
[[Page 56]]
or any State, territory, or possession of the United States.
Sec. 301.74-2 Regulated articles.
The following are regulated articles:
(a) All plant material and plant parts of Prunus (stone fruit)
species other than P. avium, P. cerasus, P. effusa, P. laurocerasus, P.
mahaleb, P. padus, P. sargentii, P. serotina, P. serrula, P. serrulata,
P. subhirtella, P. yedoensis, and P. virginiana, except for seeds and
fruit that is free of leaves and other plant parts. This includes, but
is not limited to, trees, seedlings, root stock, budwood, branches,
twigs, and leaves.
(b) Any other product or article that an inspector determines to
present a risk of spreading plum pox when the inspector notifies the
person in possession of the product or article that it is subject to the
restrictions in the regulations.
Sec. 301.74-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area in paragraph (c) of
this section each State, or each portion of a State, in which plum pox
has been detected 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
[[Page 57]]
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. The owner of a
commercial stone fruit orchard will be eligible to receive compensation
for losses associated with the destruction of trees in order to control
plum pox pursuant to an emergency action notification issued by the
Animal and Plant Health Inspection Service (APHIS).
(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. Owners of commercial
stone fruit orchards who meet the eligibility requirements of paragraph
(a)(1) of this section will be compensated 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 ($/
Age of trees (years) acre, equal
to 85% of
loss in
value)
------------------------------------------------------------------------
1......................................................... 4,805
2......................................................... 7,394
3......................................................... 9,429
4......................................................... 12,268
5......................................................... 14,505
6......................................................... 14,918
7......................................................... 15,000
8......................................................... 14,709
9......................................................... 14,383
10........................................................ 14,015
11........................................................ 13,601
12........................................................ 13,136
13........................................................ 12,613
14........................................................ 12,024
15........................................................ 11,361
16........................................................ 10,616
17........................................................ 9,854
18........................................................ 9,073
19........................................................ 8,272
20........................................................ 7,446
21........................................................ 6,594
22........................................................ 5,789
23........................................................ 5,035
24........................................................ 4,341
25........................................................ 3,713
------------------------------------------------------------------------
(2) Owners of fruit tree nurseries. Owners of fruit tree nurseries
who meet the eligibility requirements of paragraph (a)(2) of this
section will be compensated for up to 85 percent of the net revenues
lost from their first and second year crops as the result of the
issuance of an emergency action notification which will be calculated as
follows:
(i) First year crop. The net revenue loss for trees that were
expected to be sold in the year during which the emergency action
notification was issued (i.e., the first year crop) will be calculated
as (expected number of trees to be sold) x (average price per tree) -
(digging, grading, and storage costs) = net revenue lost for first year
crop, where:
(A) The expected number of trees to be sold equals the number of
trees in the field minus 2 percent culls minus 3 percent unsold trees;
and
(B) The average price per tree is $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
[[Page 58]]
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 commercial stone fruit orchards. The
completed application must be accompanied by a copy of the PDA or APHIS
document 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.
(2) 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. Premises on which trees have been destroyed because
of plum pox pursuant to an emergency action notification issued by APHIS
may not be replanted with susceptible Prunus species (Prunus species
identified as regulated articles) for 3 years.
(Approved by the Office of Management and Budget under control number
0579-0159)
[65 FR 55435, Sept. 14, 2000]
Subpart--Citrus Canker
Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.
Notice of Quarantine and Regulations
Sec. 301.75-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Certificate. An official 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.
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-producing area. Any area designated as a
commercial citrus-producing area in accordance with Sec. 301.75-5 of
this subpart.
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.
[[Page 59]]
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 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.
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 plants are grown or maintained for propagation or
replanting.
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 plant, regulated seed, regulated tree.
Any fruit, plant, seed, or tree defined as a regulated article.
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]
Sec. 301.75-2 General prohibitions.
(a) Regulated articles may not be moved interstate from a
quarantined area expect in accordance with this subpart.
(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
[[Page 60]]
subsequently be moved interstate into any commercial citrus-producing
area.
[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]
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.
(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:
Florida
Broward and Dade Counties. That portion of the counties bounded by a
line drawn as follows: Beginning at the intersection of the shoreline of
the Atlantic Ocean and the Broward/Palm Beach County line; then west
along the Broward/Palm Beach County line to the eastern boundary of the
Loxahatchee Conservation Area; then south along the eastern boundary of
the Loxahatchee Conservation Area to the Sawgrass Expressway; then south
along the Sawgrass Expressway to Interstate Highway 75; then north along
Interstate Highway 75 to U.S. Highway 27; then south along U.S. Highway
27 to the Florida Turnpike Homestead Extension; then south along the
Florida Turnpike Homestead Extension to NW 58th Street; then west along
NW 58th Street to Krome Avenue (NW 177th Avenue); then south along Krome
Avenue (NW and SW 177th Avenue) to U.S. Highway 41 (Tamiami Trail); then
west along U.S. Highway 41 (Tamiami Trail) to sec. 11, 14, 23, 26, 35,
and lot 2, T. 54, R. 38; then south along sec. 11, 14, 23, 26, 35, and
lot 2, T. 54, R. 38, to sec. 2 and 11, T. 55, R. 38; then south along
sec. 2 and 11, T. 55, R. 38, to SW 197th Avenue; then south along SW
197th Avenue to SW 152nd Street; then west along SW 152nd Street to the
L-31N Canal; then south and west along the L-31N Canal to the shoreline
of the Florida Bay; then east along the shoreline of the Florida Bay to
the shoreline of the Atlantic Ocean; then north along the shoreline of
the Atlantic Ocean to the point of beginning.
Collier County. That portion of the county bounded by a line drawn
as follows: Beginning at the intersection of State Highway 29 and County
Road 858; then west along County Road 858 to sec. 13, T. 48 S., R. 29
E.; then north along sec. 13, T. 48 S., R. 29 E., to sec. 25, T. 47 S.,
R. 29 E.; then east along sec. 25, T. 47 S., R. 29 E., to sec. 30, T. 47
S., R. 30 E.; then north along sec. 30, T. 47 S., R. 30 E., to sec. 19,
T. 47 S., R. 30 E.; then east along sec. 19, T. 47 S., R. 30 E., to sec.
20, T. 47 S., R. 30 E.; then south along sec. 20, T. 47 S., R. 30 E., to
sec. 29, T. 47 S., R. 30 E.; then east along sec. 29, T. 47 S., R. 30
E., to sec. 28, T. 47 S., R. 30 E.; then south along sec. 28, T. 47 S.,
R. 30 E., to sec. 33, T. 47 S., R. 30 E.; then east along sec. 33, T. 47
S., R. 30 E., to the Collier/Hendry County line; then south along the
Collier/Hendry County line to sec. 25, T. 48 S., R. 30 E.; then west
along sec. 25, T. 48 S., R. 30 E., to State Highway 29; then north along
State Highway 29 to the point of beginning.
Hendry County. That portion of the county bounded by a line drawn as
follows: Beginning at the northwest corner of sec. 7, T. 48 S., R. 33
E.; then east along sec. 7, T. 48 S., R. 33 E., to Government Road; then
north along Government Road to State Road 833; then north along State
Road 833 to sec. 11, T. 48 S., R. 33 E.; then east along sec. 11, T. 48
S., R. 33 E., to sec. 24, T. 48 S., R. 33 E.; then west along sec. 24,
T. 48 S., R. 33 E., to sec. 19, T. 48 S., R. 33 E.; then north along
sec. 19, T. 48 S., R. 33 E., to the point of beginning.
That portion of the county bounded by a line drawn as follows:
Beginning at the intersection of State Road 835 and Deer Fence Road;
then north along Deer Fence Road to sec. 6; then east along sec. 6 to
sec. 2; then south along sec. 2 to sec. 35; then west along sec. 35 to
the point of beginning.
Hillsborough County. That portion of the county bounded by a line
drawn as follows: Beginning at the northwest corner of sec. 34, T. 31,
R. 19; then south along sec. 34, T. 31, R. 19, to 24th Street NE; then
south along 24th Street NE to sec. 3 and 10, T. 32, R. 19; then south
along sec. 3 and 10, T. 32, R. 19, to 24th Street SE; then south along
24th Street SE to sec. 15, 14, and 13, T. 32, R. 19; then east
[[Page 61]]
along sec. 15, 14, and 13, T. 32, R. 19, to sec. 18, T. 32, R. 20; then
east along sec. 18, T. 32, R. 20, to Bishop Road; then east along Bishop
Road to West Lake Drive; then north along West Lake Drive to sec. 32 and
31, T. 31, R. 20; then west along sec. 32 and 31, T. 31, R. 20, to sec.
36, 35, and 34, T. 31, R. 19; then west along sec. 36, 35, and 34, T.
31, R. 19, to the point of beginning.
Manatee County. That portion of the county bounded by a line drawn
as follows: Beginning at the intersection of Interstate Highway 75 and
the shoreline of the Manatee River; then west along the shoreline of the
Manatee River to the shoreline of the Terra Ceia Bay; then northeast
along the shoreline of the Terra Ceia Bay to sec. 25, 24, 13, 12, and 1,
T. 33 S., R. 17 E.; then north along sec. 25, 24, 13, 12, and 1, T. 33
S., R. 17 E., to the Manatee/Hillsborough County line; then east along
the Manatee/Hillsborough County line to sec. 3 and 10, T. 33 S., R. 18
E.; then south along sec. 3 and 10, T. 33 S., R. 18 E., to Carter Road;
then south along Carter Road to sec. 22 and 27, T. 33 S., R. 18 E.; then
south along sec. 22 and 27, T. 33 S., R. 18 E., to 69th Street East;
then east along 69th Street East to Erie Road; then south along Erie
Road to U.S. Highway 301; then southwest along U.S. Highway 301 to
Interstate Highway 75; then south along Interstate Highway 75 to the
point of beginning.
That portion of the county bounded by a line drawn as follows:
Beginning at the northwest corner of sec. 8, 9, 10, 11, and 12, T. 33
S., R. 21 E.; then east along sec. 8, 9, 10, 11, and 12, T. 33 S., R. 21
E., to sec. 12, T. 33 S., R. 21 E.; then south along sec. 12, T. 33 S.,
R. 21 E., to sec. 18, 19, 30, and 31, T. 33 S., R. 22 E.; then east
along sec. 18, 19, 30, and 31, T. 33 S., R. 22 E., to sec. 6, T. 34 S.,
R. 22 E.; then south along sec. 6, T. 34 S., R. 22 E., to sec. 7, T. 34
S., R. 22 E.; then west along sec. 7, T. 34 S., R. 22 E., to sec. 12,
11, 10, and 9, T. 34 S., R. 21 E.; then south along sec. 12, 11, 10, and
9, T. 34 S., R. 21 E., to sec. 8 and 5, T. 34 S., R. 21 E.; then north
along sec. 8 and 5, T. 34 S., R. 21 E., to sec. 31, 29, 20, 17, and 8,
T. 33 S., R. 21 E.; then north along sec. 31, 29, 20, 17, and 8, T. 33
S., R. 12 E., to the point of beginning.
(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
guarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the guarantined 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.
[[Page 62]]
(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.
(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.
[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]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The following are designated as commercial citrus-producing
areas:
AmericanSamoa
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
[[Page 63]]
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 articles from a quarantined area, general requirements.
No regulated article may be moved interstate from a quarantined area
unless all of the following conditions are met:
(a) Inspections. (1) 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, during May 1 through December 31, by an inspector, on foot.
(2) 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.
(b) 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 permises to provide these services
must be treated in accordance with Sec. 301.75-11(c) of this subpart
upon leaving the grove or premises.
(c) Destruction of infected plants and trees. No more than 7 days
after a State or Federal laboratory confirms that a regulated plant or
regulated tree is infected, the State must provide written notice to the
owner of the infected plant or infected tree that the infected plant or
infected tree must be destroyed. The owner must have the infected plant
or infected tree destroyed within 45 days after receiving the written
notice.
[55 FR 37451, Sept. 11, 1990]
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) During the year before the interstate movement, the grove
producing the regulated fruit received regulated plants only from the
following nurseries:
(i) Nurseries located outside any quarantined areas, or
(ii) Nurseries where an inspector has found every regulated plant
free of citrus canker on each of three successive inspections conducted
at intervals of no more than 45 days, with the third inspection no more
than 45 days before shipment.
(2) 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.
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:
(i) The stage of maturity of the exposed plant at the time of
exposure, the size and degree of infestation to which the plants were
exposed.
(ii) The proximity of exposed plants to infected plants or
contaminated articles at the time of exposure, and
(iii) The length of time the plants were exposed.
(3) No more than 30 days before the beginning of harvest, an
inspector walked through the grove, inspected every tree, and found the
grove free of citrus canker, and, in groves producing
[[Page 64]]
limes, an inspector walked through the grove every 120 days or less
thereafter for as long as harvest continued, inspected every lime tree
on each walk-through, and continued to find the grove free of citrus
canker.
(4) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(5) 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.
(6) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12 of this subpart.
(b) 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.
(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.
[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999]
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.
[[Page 65]]
(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]
Sec. 301.75-11 Treatments.
(a) Regulated fruit. Regulated fruit for which treatment is required
by this subpart must be treated in one of the following ways in the
presence of an inspector, or at a facility whose owner operates under a
compliance agreement:
(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) Sodium hypochlorite 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.
[[Page 66]]
(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; or
(4) Steam, at a minimum temperature of 160 deg.F. at the point of
contact.
[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]
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 be held to resolve
the conflict. Rules of practice concerning the hearing will be adopted
by the Administrator.
(b) Attachment and disposition. (1) 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]
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
[[Page 67]]
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:
------------------------------------------------------------------------
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 Project, 10300 SW 72nd Street, Suite 150, Miami,
FL 33173. 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 Project, 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 the effective
date of this rule must be received within 60 days after the effective
date of this rule. Claims for trees destroyed after the effective date
of this rule must be received within 60 days after the destruction of
the trees.
(Approved by the Office of Management and Budget under control number
0579-0163.)
[65 FR 61080, Oct. 16, 2000]
Subpart--Mediterranean Fruit Fly
Source: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.
[[Page 68]]
Sec. 301.78 Restrictions on interstate movement of regulated articles.
No person shall 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 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------
Sec. 301.78-1 Definitions.
In this subpart the following definitions apply:
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 United States Department of Agriculture
(APHIS).
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of Mediterranean fruit fly 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
packing house 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 the provisions of this subpart.
Core area. The 1 square mile area surrounding each property where
Mediterranean fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of a Mediterranean fruit
fly life cycle. Day degrees are the product of the following formula,
with all temperatures measured in deg.F: [(Minimum Daily Temp + Maximum
Daily Temp)/2] - 54 deg. = Day Degrees.
Drip line. The line around the canopy of a plant.
Infestation. The presence of the Mediterranean fruit fly or the
existence of circumstances that make it reasonable to believe that the
Mediterranean fruit fly is present.
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 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. 301.78-5(b) of this subpart 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.
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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.78-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.78-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.78-2(a) or (b) of
this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.78-2(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.
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538,
June 20, 1997; 62 FR 47556, Sept. 10, 1997]
[[Page 69]]
Sec. 301.78-2 Regulated articles.
The following are regulated articles:
(a) The following berries, fruits, nuts, and vegetables.
Almond with husk (Prunus dulcis (P. amygdalus))
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Black Myrobalan (Terminalia cherbula)
Cherries (sweet and sour) (Prunus avium, P. cerasus)
Citrus citron (Citrus medica)
Date (Phoenix dactylifera)
Eggplant (Solanum melongena L.), other than commercially produced
eggplant
Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-skinned lemons harvested for packing
by commercial packing houses.
Lemon, Meyer (Citrus limon X reticulata)
Lemon, Rough (Citrus jambhiri)
Lime, sweet (Citrus aurantiifolia)
Loquat (Eriobotrya japonica)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mock orange (Murraya exotica)
Mountain apple (Syzigium malaccense (Eugenia malaccensis))
Natal plum (Carissa macrocarpa)
Nectarine (Prunus persica var. nectarina)
Olive (Olea europea)
Opuntia cactus (Opuntia spp.)
Orange, calamondin (Citrus reticulata x. Fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Papaya (Carica papaya)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum frutescens, C. annuum)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sour orange (Citrus aurantium)
Spanish cherry (Brazilian plum) (Eugenia dombeyi (E. brasiliensis))
Strawberry guava (Psidium cattleianum)
Surinam cherry (Eugenia uniflora)
Tomato (pink and red ripe) (Lycopersicon esculentum)
Walnut with husk (Juglans spp.)
White sapote (Casimiroa edulis)
Yellow oleander (Bestill) (Thevetia peruviana)
Any berries, fruits, nuts, or vegetables that are canned or dried or
frozen below -17.8 deg.C. (0 deg.F.) are not regulated articles.
(b) Soil within the drip area of plants that are producing or have
produced the berries, fruits, nuts, or vegetables listed in paragraph
(a) of this section.
(c) Any other article, product, or means of conveyance, not covered
by paragraphs (a) or (b) of this section, that presents a risk of spread
of the Mediterranean fruit fly and an inspector notifies the person in
possession of it that the article, product, or means of conveyance is
subject to the restrictions of this subpart.
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62
FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]
Sec. 301.78-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator shall list as a quarantined area in paragraph (c) of
this section, each State, or each portion of a State, in which the
Mediterranean fruit fly has been found by an inspector, in which the
Administrator has reason to believe that the Mediterranean fruit fly is
present, or that the Administrator considers necessary to regulate
because of its inseparability for quarantine enforcement purposes from
localities in which the Mediterranean 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
[[Page 70]]
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 Mediterranean fruit fly.
(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 for listing such
area. 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. As soon as practicable,
this area will be added to the list in paragraph (c) of this section or
the designation shall 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) There are no areas in the continental United States quarantined
because of the Mediterranean fruit fly.
[56 FR 57576, Nov. 13, 1991]
Editorial Note: For Federal Register citations affecting
Sec. 301.78-3, see the List of CFR Sections Affected, which appears in
the Finding Aids section of the printed volume and on GPO Access.
Sec. 301.78-4 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 Secs. 301.78-5 and 301.78-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1) The regulated article is moving as air cargo or as a meal
intended for in-flight consumption, and is transiting Los Angeles
International Airport, California;
(2) 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 Mediterranean fruit flies (such
as canvas, plastic, or other closely woven cloth) while moving through
the quarantined area; and
(3) The point of origin of the regulated article is indicated on the
waybill.
(c) Without a certificate or limited permit, if:
(1) The regulated article originated outside any quarantined area
and is moved through (without stopping except for refueling, or for
traffic conditions, such as traffic lights or stop signs) the
quarantined area in an enclosed vehicle or is completely enclosed by a
covering adequate to prevent access by Mediterranean 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.
(d) Without a certificate or limited permit if the regulated article
is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a 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 Mediterranean
fruit fly; 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)
[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]
[[Page 71]]
Sec. 301.78-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall 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
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. 301.78-10 of this subpart; or
(ii) Based on inspection of the premises of origin, that the
premises are free from the Mediterranean fruit fly; or
(iii) Based on inspection of the regulated article, that it is free
of Mediterranean fruit fly; and
(2) The regulated article will be moved through the quarantined area
in an enclosed vehicle or is completely enclosed by a covering adequate
to prevent access by Mediterranean fruit fly; and
(3) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to
prevent the spread of the Mediterranean fruit fly; and
---------------------------------------------------------------------------
\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested or infected by or contain plan pests.
---------------------------------------------------------------------------
(4) The regulated articles 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. 301.78-5(a).
---------------------------------------------------------------------------
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, processing, or utilization (the
destination and other conditions to be listed in the limited permit),
and this interstate movement will not result in the spread of the
Mediterranean fruit fly because life stages of the Mediterranean fruit
fly 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 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent
the spread of the Mediterranean fruit fly; 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 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.
(d) 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
[[Page 72]]
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)
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994]
Sec. 301.78-6 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, and from local offices of the Plant
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------
(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 a hearing will be adopted by the Administrator.
[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.78-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.78-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit 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. 301.78-5(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. 301.78-8 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 the interstate
movement, must be attached to the outside of the container containing
the regulated article, attached to the regulated article itself if not
in a container, or attached to the consignee's copy of the accompanying
waybill: 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 only if 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)
Sec. 301.78-9 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
[[Page 73]]
all costs and charges arising from inspection and other services
provided outside of normal business hours.
Sec. 301.78-10 Treatments.
Treatment schedules listed in the Plant Protection and Quarantine
Treatment Manual to destroy Mediterranean fruit fly are authorized for
use on regulated articles. The Plant Protection and Quarantine Treatment
Manual is incorporated by reference. For the full identification of this
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by
reference.'' The following treatments may be used for the regulated
articles indicated:
(a) Fruits and vegetables.
(1) Bell Pepper--(i) Vapor Heat. Heat by saturated water vapor at
44.4 deg.C. (112 deg.F.) until approximate center of bell pepper
reaches 44.4 deg.C. (112 deg.F.). Maintain at 44.4 deg.C. (112
deg.F.) for 8\3/4\ hours, then immediately cool.
(2) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal
atmospheric pressure with 32 g/m \3\ (2 lb/1000 ft \3\) for 3\1/2\ hours
at 21 deg.C. (70 deg.F.) or above.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 deg.C. (112
deg.F.) until approximate center of tomato reaches 44.4 deg.C. (112
deg.F.). Maintain at 44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then
immediately cool.
Note: Commodities should be tested by the shipper to determine each
commodity's tolerance to the treatment before commercial shipments are
attempted. The USDA is not liable for damages caused by this quarantine.
(b) Regulated citrus fruit that has been harvested. (1) Fumigation
with methyl bromide at normal atmospheric pressure with 32 g/
m3 (2 pounds per 1000 cubic feet) for 3\1/2\ hours at 21
deg.C. (70 deg.F.) or above.
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
(2) Fumigation plus refrigeration: Fumigation with methyl bromide at
normal atmospheric pressure with 32 g/m3 (2 pounds per 1000
cubic feet) at 21 deg.C. (70 deg.F.) or above.
------------------------------------------------------------------------
Fumigation exposure time Refrigeration
------------------------------------------------------------------------
2 hours................................. 4 days at 0.55 to 0.7 deg.C.
(33 to 37 deg.F.); or 11
days at 3.33 to 8.3 deg.C.
(38 to 47 deg.F.).
2\1/2\ hours............................ 4 days at 1.11 to 4.44 deg.C.
(34 to 40 deg.F.); or 6 days
at 5.0 to 8.33 deg.C. (41 to
47 deg.F.); or 10 days at
8.88 to 13.33 deg.C. (48 to
56 deg.F.).
3 hours................................. 3 days at 6.11 to 8.33 deg.C.
(43 to 47 deg.F.); or 6 days
at 9.88 to 13.33 deg.C. (48
to 56 deg.F.).
------------------------------------------------------------------------
Note: Some varieties of fruit may be injured by methyl bromide
exposure. Shippers should test treat before making commercial shipments.
Time lapse between fumigation and start of cooling not to exceed 24
hours. Chamber load not to exceed 80 percent of volume.
(3) Cold treatment: 10 days at 0 deg.C. (32 deg.F.) or below; or
11 days at 0.55 deg.C. (33 deg.F.) or below; 12 days at 1.11 deg.C
(34 deg.F.) or below: 14 days at 1.66 deg.C. (35 deg.F.) or below; or
16 days at 2.22 deg.C. (36 deg.F.) or below.
(c) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of this paragraph, is approved as a
treatment for any berry, fruit, nut, or vegetable listed as a regulated
article in Sec. 301.78-2(a) of this subpart.
(1) Approved facility. The irradiation treatment facility and
treatment protocol must be approved by the Animal and Plant Health
Inspection Service. In order to be approved, a facility must:
(i) Be capable of administering a minimum absorbed ionizing
radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables;
8
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\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food is regulated by the Food and Drug Administration under 21 CFR
part 179.
---------------------------------------------------------------------------
(ii) Be constructed so as to provide physically separate locations
for treated and untreated fruits and vegetables, except that fruits and
vegetables traveling by conveyor directly into the irradiation chamber
may pass through an area that would otherwise be separated. The
locations must be separated by a permanent physical barrier such as a
wall or chain link fence 6 or more feet high to prevent transfer of
cartons;
(iii) Complete a compliance agreement with the Animal and Plant
[[Page 74]]
Health Inspection Service as provided in Sec. 301.78-6 of this subpart;
and
(iv) Be certified by Plant Protection and Quarantine for initial use
and annually for subsequent use. Recertification is required in the
event that an increase or decrease in radioisotope or a major
modification to equipment that affects the delivered dose.
Recertification may be required in cases where a significant variance in
dose delivery is indicated.
(2) Treatment monitoring. Treatment must be carried out under the
monitoring of an inspector. This monitoring must include inspection of
treatment records and unannounced inspection visits to the facility by
an inspector. Facilities that carry out continual irradiation operations
must notify an inspector at least 24 hours before the date of
operations. Facilities that carry out periodic irradiation operations
must notify an inspector of scheduled operations at least 24 hours
before scheduled operations.9
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\9\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------
(3) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(i) The cartons must have no openings that will allow the entry of
fruit flies and must be sealed with seals that will visually indicate if
the cartons have been opened. They may be constructed of any material
that prevents the entry of fruit flies and prevents oviposition by fruit
flies into the fruit in the carton.\10\
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\10\ If there is a question as to the adequacy of a carton, send a
request for approval of the carton, together with a sample carton, to
the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street,
Oxford, NC 27565.
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(ii) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(A) With polyethylene sheet wrap;
(B) With net wrapping; or
(C) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(iii) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of packing
and treatment.
(4) Dosage. The fruits and vegetables must receive a minimum
absorbed ionizing radiation dose of 225 Gray (22.5 krad).11
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\11\ See footnote 8.
---------------------------------------------------------------------------
(5) Dosimetry systems. (i) Dosimetry must demonstrate that the
absorbed dose, including areas of minimum and maximum dose, is mapped,
controlled, and recorded.
(ii) Absorbed dose must be measured using a dosimetry system that
can accurately measure an adsorbed dose of 225 Gray (22.5 krad).
(iii) The utilization of the dosimetry system, including its
calibration and the number and placement of dosimeters used, must be in
accordance with the American Society for Testing and Materials (ASTM)
standards.\12\
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\12\ Designation E 1261, ``Standard Guide for Selection and
Calibration of Dosimetry Systems for Radiation Processing,'' American
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------
(6) Records. Records or invoices for each treated lot must be made
available for inspection by an inspector during normal business hours (8
a.m. to 4:30 p.m., Monday through Friday, except holidays). An
irradiation processor must maintain records as specified in this section
for a period of time that exceeds the shelf life of the irradiated food
product by 1 year, and must make these records available for inspection
by an inspector. These records must include the lot identification,
scheduled process, evidence of compliance with the scheduled process,
ionizing energy source, source calibration, dosimetry, dose distribution
in the product, and the date of irradiation.
(7) Request for approval and inspection of facility. Persons
requesting approval of an irradiation treatment facility and treatment
protocol must submit the request for approval in writing to the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565.
[[Page 75]]
Before the Administrator determines whether an irradiation facility is
eligible for approval, an inspector will make a personal inspection of
the facility to determine whether it complies with the standards of
paragraph (c)(1) of this section.
(8) Denial and withdrawal of approval. (i) The Administrator will
withdraw the approval of any irradiation treatment facility when the
irradiation processor requests in writing the withdrawal of approval.
(ii) The Administrator will deny or withdraw approval of an
irradiation treatment facility when any provision of this section is not
met. Before withdrawing or denying approval, the Administrator will
inform the irradiation processor in writing of the reasons for the
proposed action and provide the irradiation processor with an
opportunity to respond. The Administrator will give the irradiation
processor an opportunity for a hearing regarding any dispute of a
material fact, in accordance with rules of practice that will be adopted
for the proceeding. However, the Administrator will suspend approval
pending final determination in the proceeding, if he or she determines
that suspension is necessary to prevent the spread of any dangerous
insect infestation. The suspension will be effective upon oral or
written notification, whichever is earlier, to the irradiation
processor. In the event of oral notification, written confirmation will
be given to the irradiation processor within 10 days of the oral
notification. The suspension will continue in effect pending completion
of the proceeding and any judicial review of the proceeding.
(9) Department not responsible for damage. This treatment is
approved to assure quarantine security against Mediterranean fruit fly.
From the literature available, the fruits and vegetables authorized for
treatment under this section are believed tolerant to the treatment;
however, the facility operator and shipper are responsible for
determination of tolerance. The Department of Agriculture and its
inspectors assume no responsibility for any loss or damage resulting
from any treatment prescribed or supervised. Additionally, the Nuclear
Regulatory Commission is responsible for ensuring that irradiation
facilities are constructed and operated in a safe manner. Further, the
Food and Drug Administration is responsible for ensuring that irradiated
foods are safe and wholesome for human consumption.
(d) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with malathion bait
spray. 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 completion of egg and larvae development of
the Mediterranean fruit fly. Determination of the time period must be
based on day degrees. Once treatment has begun, it must continue through
the harvest period. The malathion bait spray treatment must be applied
at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces
by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by
weight) per acre, for a total of 12 fluid ounces per acre.
(e) Soil. Soil within the drip area of plants that are producing or
have produced the berries, fruits, nuts, and vegetables listed in
Sec. 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds
actual ingredient per acre to the soil within the drip area with
sufficient water to wet the soil to a depth of at least \1/2\ inch. Both
immersion and pour-on treatment procedures are also acceptable.
(Approved by the Office of Management and Budget under control number
0579-0088)
[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 58
FR 63031, Nov. 30, 1993; 59 FR 25791, May 18, 1994; 60 FR 52834, Oct.
11, 1995; 62 FR 47557, Sept. 10, 1997; 65 FR 54742, Sept. 11, 2000]
Subpart--Witchweed
Quarantine and Regulations
Sec. 301.80 Quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
section 106 of the
[[Page 76]]
Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee), the Secretary of
Agriculture heretofore determined, after public hearing, that it was
necessary to quarantine the States of North Carolina and South Carolina,
in order to prevent the spread of witchweed (Striga spp.), a parasitic
plant which causes a dangerous disease of corn, sorghum, and other crops
of the grass family, not theretofore widely prevalent or distributed
within and throughout the United States, and accordingly quarantined
said States. Under the authority of said provisions, the Secretary
hereby continues such quarantine in effect with respect to the
interstate movement from the quarantined States of the articles
described in paragraph (b) of this section, issues the regulations in
this subpart governing such movement, and gives notice of said
quarantine and regulations.
(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]
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:
(a) 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.
(b) 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.
(c) 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.
[[Page 77]]
(d) Farm tools. An instrument worked or used by hand, e.g., hoes,
rakes, shovels, axes, hammers, and saws.
(e) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.80-2.
(f) Infestation. The presence of witchweed or the existence of
circumstances that make it reasonable to believe that witchweed is
present.
(g) 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.
(h) Interstate. From any State into or through any other State.
(i) 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.
(j) 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.
(k) Mechanized soil-moving equipment. Mechanized equipment used to
move or transport soil, e.g., draglines, bulldozers, road scrapers, and
dumptrucks.
(l) 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.
(m) Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
(n) Plant Protection and Quarantine Programs. The organizational
unit within the Animal and Plant Health Inspection Service delegated
responsibility for enforcing provisions of the Plant Quarantine Act and
Federal Plant Pest Act, and quarantines and regulations promulgated
thereunder.
(o) 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).
(p) Regulated articles. Any articles described in Sec. 301.80(b).
(q) 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.
(r) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(s) Soil. That part of the upper layer of earth in which plants can
grow.
(t) State. Any State, territory, or district of the United States,
including Puerto Rico.
(u) 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).
(v) 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\
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\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.
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(w) Witchweed. Parasitic plants of the genus Striga and reproductive
parts thereof, including seeds.
[41 FR 27372, July 2, 1976]
[[Page 78]]
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 north of a line beginning at the
intersection of the Robeson-Bladen County line and State Highway 211,
then east along State Highway 211 Bypass to State Highway 242, then
northeast along State Highway 242 to U.S. Highway 701, then north along
U.S. Highway 701 to the Cape
[[Page 79]]
Fear River, then southeast along the Cape Fear River to the Bladen-
Columbus County line.
The Blanks, Alex, farm located on the north side of State Secondary
Road 1734 and 0.5 mile southeast of its intersection with State Highway
87.
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.
The Jacobs, Sammy, farm located on a field road 2.0 miles southwest
of its intersection with State Secondary Road 1708 and 0.25 mile south
of its intersection with State Secondary Road 211.
The Maultsby, T.N., farm located on both sides of State Highway 87
at 0.7 mile northwest of its intersection with State Secondary Road
1743.
The Williams, Johnny, farm located west of State Highway 211
Business and 0.1 mile from its intersection with State Highway 211
Bypass and 0.5 mile southeast of the Robeson-Bladen County line.
Columbus County. The Biggs, K.M., farm located on the north side of
State Secondary Road 1574 and 1.1 miles southeast of its intersection
with State Secondary Road 1506.
The Border Belt Research Station farm located on the west side of
State Secondary Road 1537 and 0.3 mile northeast of its intersection
with State Secondary Road 1002.
The Britt, J.T., farm located on the east side of State Secondary
Road 1504 and 1.3 miles northeast of its intersection with State
Secondary Road 1504.
The Gore, Nettie, farm located on the west side of U.S. Highway 76
and 0.6 mile north of its intersection with State Secondary Road 1355.
The Griffin, Wilson, farm located on the east side of State
Secondary Road 1512 and 1.4 miles southwest of its intersection with
State Highway 242.
The Ivey, William, farm located on the south side of State Secondary
Road 1504 and 0.3 mile from its intersection with State Secondary Road
1506.
The Keaton, Willie, farm located on the south side of State
Secondary Road 1852 and 0.5 mile southwest of its intersection with
State Highway 87.
The Lennon, Calvin, farm located on the southwest side of State
Secondary Road 1002 and 0.7 mile southeast of its intersection with
State Highway 242.
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 along U.S. Highway 301
to Interstate 95, then northeast along Interstate 95 to U.S. Highway 13,
then east and northeast along U.S. Highway 13 to the Cumberland-Sampson
County line.
The Bullock, Berline, farm located on the north side of State
Secondary Road 1722 and 0.2 mile west of its intersection with U.S.
Highway 301.
The Lewis, David, farm located on the west side of U.S. Highway 301
and 0.1 mile south of its intersection with State Secondary Road 1802.
The Lovick, Eugene, farm located on the north side of State
Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway
301.
The McKeithan, Sarah, farm located on the west side of U.S. Highway
301 and 0.3 mile south of its intersection with State Secondary Road
1856.
The McKeithan, Zela, farm located on the east side of U.S. Highway
301 and 0.3 mile south of its intersection with State Secondary Road
1856.
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 McLaurin, George, farm located on the north side of State
Secondary Road 1722 and 0.4 mile west of its intersection with U.S.
Highway 301.
The McNeill, Clifton, farm located on both sides of State Secondary
Road 2241 at its intersection with State Secondary Road 2252.
The Odom, Marshall, farm located on the north side of State
Secondary Road 1722 and 0.1 mile west of its intersection with U.S.
Highway 301.
The Patterson, Theodore, farm located on the north side of State
Road 1288 at its intersection with State Secondary Road 1116.
The Underwood, Olive T., farm located on the east side of State
Secondary Road 1723 and 0.8 mile south of its junction with State
Secondary Road 1722.
The Williams, Howard, farm located at the end of State Secondary
Road 2243, which is a dead end road.
Pender County. The Kea, Leo, farm located 0.3 mile east of State
Secondary Road 1105 and 1.2 miles south of its intersection with State
Secondary Road 1104.
The Keith, F.R., farm located on both sides of State Secondary Road
1130 and 0.7 mile west of its junction with State Highway 210.
The Manuel, George, farm located 0.1 mile south of State Highway 210
and 0.2 mile west of its junction with State Secondary Road 1103.
The McCallister, Mary, farm located 0.2 mile east of State Secondary
Road 1105 and 1.1 miles south of its intersection with State Secondary
Road 1104.
The Zibelin, John R., farm located 0.5 mile east of State Secondary
Road 1105 and 1.2 miles south of its intersection with State Secondary
Road 1104.
Robeson County. That area west and south of a line beginning at the
intersection of Interstate 95 and the Cumberland-Robeson
[[Page 80]]
County line and extending southeast along Interstate 95 to State Highway
211 then northeast along State Highway 211 to the Robeson-Bladen County
line.
The Epps, Frank, farm located on the northeast side of a field road
0.5 mile east of its intersection with State Secondary Road 1935 and 0.7
mile east of its intersection with U.S. Highway 301.
The Smith, Josephine, farm located on the west side of State
Secondary Road 1937 and 0.2 mile south of its intersection with State
Secondary Road 1933.
The Warwick, W.M., farm located on a field road 0.3 mile north of
State Secondary Road 2120 and 0.5 mile west of its intersection with
State Highway 211.
Sampson County. That area south of a line beginning at a point where
U.S. Highway 421 intersects the Sampson-Harnett County line, then
southeast along U.S. Highway 421 to the Sampson-Pender County line.
The Bryant, Ermon Estate, farm located on the north side of State
Secondary Road 1943 and 0.6 mile northwest of its intersection with
State Secondary Road 1942.
The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road
1736 and 1 mile south of its intersection with State Secondary Road
1731.
The Merritt, David, farm located on a field road 0.5 mile south of
State Secondary Road 1943 and 0.4 mile southwest of its intersection
with State Secondary Road 1944.
The Pate, Ray, farm located on the west side of State Secondary Road
1738 and 0.6 mile southeast of its intersection with State Secondary
Road 1740.
The Quarter M Farms farm located on a field road 0.2 mile southeast
of State Secondary Road 1955 and 0.7 mile southeast of its intersection
with State Secondary Road 1945.
The Strickland, Edgebert, farm located on the north side of State
Highway 421 and 1 mile east of its intersection with State Secondary
Road 1703.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Dillon County. The Adams, Coble, farm located west of State
Secondary Highway 23 and 0.2 mile north of its intersection with State
Secondary Highway 286.
The Wise, Wilbur, farm located on the south side of a field road and
0.15 mile southeast of the junction of the road with State Secondary
Road 626 and 0.55 mile southwest of the intersection of State Secondary
Road 625 with State Highway 38.
Horry County. That area bounded by a line beginning at a point where
U.S. Highway 76 intersects the South Carolina-North Carolina State line,
then south along U.S. Highway 76 to State Secondary Highway 44, then
south along State Secondary Highway 44 to State Secondary Highway 19,
then south along State Secondary Highway 19 to Honey Camp Branch, then
southwest along Honey Camp Branch to Lake Swamp, then east along Lake
Swamp to Prince Mill Swamp, then south along Prince Mill Swamp to State
Secondary Highway 309, then southwest along State Secondary Highway 309
to State Secondary Highway 45, then southwest along State Secondary
Highway 45 to State Secondary Highway 129, then northwest along State
Secondary Highway 129 to U.S. Highway 501, then northwest along U.S.
Highway 501 to the Little Pee Dee River, then northeast along the Little
Pee Dee River to the Lumber River, then northeast along the Lumber River
to the South Carolina-North Carolina State line, then southeast along
the State line to the point of beginning.
That area south of a line beginning at the intersection of the
Waccamaw River and State Secondary Highway 638, then southeast along
State Secondary Highway 638 to State Primary Highway 90, then north
along State Primary Highway 90 to an unpaved road known as Water Tower
Road, then east along Water Tower Road to an unpaved road known as
Telephone Road, then southeast along Telephone Road to the northern tip
of Long Bay, then west along Long Bay to Dogwood Road, then northwest
along Dogwood Road to South Carolina Primary Highway 90, then northeast
along South Carolina Primary Highway 90 to the north branch of Mills
Swamp, then west along this branch to the Waccamaw River, then northeast
along the Waccamaw River to the point of beginning.
The Harden, John, farm located on the northwest side of a dirt road
and 0.4 mile northeast of the junction of this dirt road with State
Secondary Roads 105 and 377.
The Stevens, James, farm located on the south side of a dirt road
and 0.3 mile northeast of its junction with State Secondary Highway 112,
this junction being 1.2 miles east of the junction of State Secondary
Highway 112 with State Secondary Highway 139.
Marion County. That area north, west, and east of a line beginning
at the intersection of State Primary Highway 41A and the North Carolina-
South Carolina State lines, then southwest along State Primary Highway
41A to the Marion city limits, then southeast along the Marion city
limits to U.S. Highway 76, then east along U.S. Highway 76 to the
Mullins city limits, then southeast along the Mullins city limits to
State Primary Highway 917, then southeast along State Primary Highway
917 to the Little Pee Dee River.
[63 FR 31602, June 10, 1998]
[[Page 81]]
Sec. 301.80-2b Exempted articles. \1\
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\1\ The articles hereby exempted remain subject to applicable
restrictions under other quarantines.
---------------------------------------------------------------------------
(a) The following articles are exempt from the certification and
permit and other requirements of this subpart if they meet the
applicable conditions prescribed in paragraphs (a) (1) through (5) of
this section and have not been exposed to infestation after cleaning or
other handling as prescribed in said paragraph:
(1) Small grains, if harvested in bulk or into new or treated
containers, and if the grains and containers for the grains have not
come in contact with the soil or if they have been cleaned at a designed
facility. \2\
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\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 Secs. 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
[[Page 82]]
(B) The point of origin of such movement is clearly indicated on the
articles or shipping document which accompanies the articles and if the
movement is not made through any regulated area.
(b) Unless specifically authorized by the Deputy Administrator in
emergency situations, soil samples for processing, testing, or analysis
may be moved interstate from any regulated area only to laboratories
approved \4\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \5\ A certificate or permit will not be
required to be attached to such soil samples except in those emergency
situations where the Deputy Administrator has authorized such movement
to another destination with a certificate or permit issued and attached
in accordance with Secs. 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
[[Page 83]]
execute and issue the certificate forms, or reproductions of such forms,
for the interstate movement of regulated articles from the premises of
such person identified in the compliance agreement if such person has
treated such regulated articles to destroy infestation in accordance
with the treatment manual, and if such regulated articles are eligible
for certification for movement to any destination under all Federal
domestic plant quarantines applicable to such articles. Any such person
may execute and issue the limited permit forms, or reproductions of such
forms, for interstate movement of regulated articles to specified
destinations when the inspector has made the determinations specified in
paragraph (b) of this section. Any such person may execute and issue the
restricted destination permit forms, or reproductions of such forms, for
the interstate movement of regulated articles not eligible for
certification under all Federal domestic plant quarantines applicable to
such articles, under the conditions specified in paragraph (c) of this
section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he
determines that the holder thereof has not complied with any condition
for the use of such document imposed by this subpart. As soon as
possible after such withdrawal, the holder of the certificate or permit
shall be notified in writing by the Deputy Administrator or an inspector
of the reason therefor and afforded reasonable opportunity to present
his views thereon, and if there is a conflict as to any material fact, a
hearing shall be held to resolve such conflict.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-5 Compliance agreements; and cancellation thereof.
(a) Any person engaged in the business of growing, handling, or
moving regulated articles may enter into a compliance agreement to
facilitate the movement of such articles under this subpart. Compliance
agreement forms may be obtained from the Deputy Administrator or an
inspector.
(b) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement whenever he finds that such other party has
failed to comply with the conditions of the agreement. As soon as
possible after such cancellation, such party shall be notified in
writing by the Deputy Administrator or an inspector of the reason
therefor and afforded reasonable opportunity to present views thereon,
and if there is a conflict as to any material fact, a hearing shall be
held to resolve such conflict.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 301.80-4(e)) who desire to move interstate regulated articles
which must be accompanied by a certificate or permit shall, as far in
advance as possible, request an inspector to examine the articles prior
to movement. Such articles shall be assembled at such points and in such
a manner as the inspector designates to facilitate inspection.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971;
41 FR 27374, July 2, 1976]
Sec. 301.80-7 Attachment and disposition of certificates or permits.
(a) If a certificate or permit is required for the interstate
movement of regulated articles, the certificates or permit shall be
securely attached to the outside of the container in which such articles
are moved except that, where the certificate or permit is attached to
the waybill or other shipping document, and the regulated articles are
adequately described on the certificate, permit or shipping document,
the attachment of the certificate or permit to each container of the
articles is not required.
(b) In all cases, certificates or permits shall be furnished by the
carrier
[[Page 84]]
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 section 10 of the Plant
Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest
Act (7 U.S.C. 150dd), 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]
Sec. 301.80-9 Movement of witchweed.
Regulations requiring a permit for, and otherwise governing the
movement of witchweed in interstate or foreign commerce are contained in
the Federal plant pest regulations in part 330 of this chapter.
Applications for permits for the movement of the pest may be made to the
Deputy Administrator.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 301.80-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]
Subpart--Imported Fire Ant
Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.
Quarantine and Regulations
Sec. 301.81 Restrictions on interstate movement of regulated articles.
No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart.
Sec. 301.81-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Certificate. A document in which an inspector or a person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of this subpart and may be moved interstate to
any destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles that are
moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Imported fire ant. Living imported fire ants of the species
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of
these species.
Infestation (infested). The presence of an imported fire ant queen
or a reproducing colony of imported fire ants, except that on grass sod
and plants with roots and soil attached, an infestation is the presence
of any life form of the imported fire ant.
Inspector. An APHIS employee or other person authorized by the
Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector affirms that a
specified regulated article not eligible for a certificate is eligible
for interstate movement only to a specified destination and in
accordance with conditions specified on the permit.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Noncompacted soil. Soil that can be removed from an article by brisk
brushing or washing with water under normal city water pressure (at
least 4 gallons per minute at 40 to 50 pounds per square inch through a
\1/2\-inch orifice).
[[Page 85]]
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Reproducing colony. A combination of one or more imported fire ant
workers and one or more of the following immature imported fire ant
forms: Eggs, larvae, or pupae.
Soil. Any non-liquid combination of organic and/or inorganic
material in which plants can grow.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.81-2 Regulated articles.
The following are regulated articles:
(a) Imported fire ant queens and reproducing colonies of imported
fire ants.\1\
---------------------------------------------------------------------------
\1\ Permit and other requirements for the interstate movement of
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) Soil,\2\ separately or with other articles, except potting soil
that is shipped in original containers in which the soil was placed
after commercial preparation.
---------------------------------------------------------------------------
\2\ The movement of soil from Puerto Rico is subject to additional
provisions in part 330 of this chapter.
---------------------------------------------------------------------------
(c) Baled hay and baled straw stored in direct contact with the
ground;
(d) Plants and sod with roots and soil attached, except plants
maintained indoors in a home or office environment and not for sale;
(e) Used soil-moving equipment, unless removed of all noncompacted
soil; and
(f) Any other article or means of conveyance when:
(1) An inspector determines that it presents a risk of spread of the
imported fire ant due to its proximity to an infestation of the imported
fire ant; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
(Approved by the Office of Management and Budget under control number
0579-0102)
[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]
Sec. 301.81-3 Quarantined areas.
(a) The Administrator will quarantine each State or each portion of
a State that is infested.
(b) Less than an entire State will be listed as a quarantined area
only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles listed in Sec. 301.81-2
that are equivalent to the interstate movement restrictions imposed by
this subpart; and
(2) Designating less than the entire State as a quarantined area
will prevent the spread of the imported fire ant.
(c) The Administrator may include uninfested acreage within a
quarantined area due to its proximity to an infestation or
inseparability from the infested locality for quarantine purposes, as
determined by:
(1) Projections of spread of imported fire ant around the periphery
of the infestation, as determined by previous years' surveys;
(2) Availability of natural habitats and host materials, within the
uninfested acreage, suitable for establishment and survival of imported
fire ant populations; and
(3) Necessity of including uninfested acreage within the quarantined
area in order to establish readily identifiable boundaries.
(d) The Administrator or an inspector may temporarily designate any
nonquarantined area as a quarantined area in accordance with the
criteria specified in paragraphs (a), (b), and (c) of this section. The
Administrator will give written notice of this designation to the owner
or person in possession of the nonquarantined area, or, in the case of
publicly owned land, to the person responsible for the management of the
nonquarantined area; thereafter, the interstate movement of any
regulated article from an area temporarily designated as a quarantined
area is subject to this subpart. As soon as
[[Page 86]]
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.
Garland County. The entire county.
Grant County. That portion of the county south of the south line T.
5 S. and east of State Highway 167. That portion of the county south of
U.S. Highway 270, including the corporate city limits of Sheridan.
Hempstead County. That portion of the county south of Interstate 30,
including all of the incorporated city limits of Hope. That portion of
the county south of Arkansas Highway 24.
Hot Springs County. The entire county.
Howard County. The entire county.
Jefferson County. The entire county.
Lafayette County. The entire county.
Lincoln County. The entire county.
Little River County. The entire county.
Miller County. The entire county.
Nevada County. That portion of the county south of the south line of
T. 10 S. and the Little Missouri River.
Ouachita County. The entire county.
Pike County. The entire county.
Pulaski County. The entire county.
Saline County. The entire county.
Sevier County. The entire county.
Union 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
[[Page 87]]
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 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
Appling County. The entire county.
Atkinson County. The entire county.
Bacon County. The entire county.
Baker County. The entire county.
Baldwin County. The entire county.
Banks County. The entire county.
Barrow County. The entire county.
Bartow County. The entire county.
Ben Hill County. The entire county.
Berrien County. The entire county.
Bibb County. The entire county.
Bleckley County. The entire county.
Brantley County. The entire county.
Brooks County. The entire county.
Bryan County. The entire county.
Bulloch County. The entire county.
Burke County. The entire county.
Butts County. The entire county.
Calhoun County. The entire county.
Camden County. The entire county.
Candler County. The entire county.
Carroll County. The entire county.
Catoosa County. The entire county.
Charlton County. The entire county.
Chatham County. The entire county.
Chattachoochee County. The entire county.
Chattooga County. The entire county.
Cherokee County. The entire county.
[[Page 88]]
Clarke County. The entire county.
Clay County. The entire county.
Clayton County. The entire county.
Clinch County. The entire county.
Cobb County. The entire county.
Coffee County. The entire county.
Colquitt County. The entire county.
Columbia County. The entire county.
Cook County. The entire county.
Coweta County. The entire county.
Crawford County. The entire county.
Crisp County. The entire county.
Dade County. The entire county.
Dawson County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Dodge County. The entire county.
Dooly County. The entire county.
Dougherty County. The entire county.
Douglas County. The entire county.
Early County. The entire county.
Echols County. The entire county.
Effingham County. The entire county.
Elbert County. The entire county.
Emanuel County. The entire county.
Evans County. The entire county.
Fannin County. The entire county.
Fayette County. The entire county.
Floyd County. The entire county.
Forsyth County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Gilmer County. The entire county.
Glascock County. The entire county.
Glynn County. The entire county.
Gordon County. The entire county.
Grady County. The entire county.
Greene County. The entire county.
Gwinnett County. The entire county.
Habersham County. The entire county.
Hall County. The entire county.
Hancock County. The entire county.
Haralson County. The entire county.
Harris County. The entire county.
Hart County. The entire county.
Heard County. The entire county.
Henry County. The entire county.
Houston County. The entire county.
Irwin County. The entire county.
Jackson County. The entire county.
Jasper County. The entire county.
Jeff Davis County. The entire county.
Jefferson County. The entire county.
Jenkins County. The entire county.
Johnson County. The entire county.
Jones County. The entire county.
Lamar County. The entire county.
Lanier County. The entire county.
Laurens County. The entire county.
Lee County. The entire county.
Liberty County. The entire county.
Lincoln County. The entire county.
Long County. The entire county.
Lowndes County. The entire county.
Lumpkin County. The entire county.
Macon County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
McDuffie County. The entire county.
McIntosh County. The entire county.
Meriwether County. The entire county.
Miller County. The entire county.
Mitchell County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Murray County. The entire county.
Muscogee County. The entire county.
Newton County. The entire county.
Oconee County. The entire county.
Oglethorpe County. The entire county.
Paulding County. The entire county.
Peach County. The entire county.
Pickens County. The entire county.
Pierce County. The entire county.
Pike County. The entire county.
Polk County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Quitman County. The entire county.
Randolph County. The entire county.
Richmond County. The entire county.
Rockdale County. The entire county.
Schley County. The entire county.
Screven County. The entire county.
Seminole County. The entire county.
Spalding County. The entire county.
Stephens County. The entire county.
Stewart County. The entire county.
Sumter County. The entire county.
Talbot County. The entire county.
Taliaferro County. The entire county.
Tattnall County. The entire county.
Taylor County. The entire county.
Telfair County. The entire county.
Terrell County. The entire county.
Thomas County. The entire county.
Tift County. The entire county.
Toombs County. The entire county.
Treutlen County. The entire county.
Troup County. The entire county.
Turner County. The entire county.
Twiggs County. The entire county.
Upson County. The entire county.
Walker County. The entire county.
Walton County. The entire county.
Ware County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Webster County. The entire county.
Wheeler County. The entire county.
White County. The entire county.
Whitfield County. The entire county.
Wilcox County. The entire county.
Wilkes County. The entire county.
Wilkinson County. The entire county.
Worth County. The entire county.
Louisiana
The entire State.
Mississippi
The entire State.
[[Page 89]]
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. That portion of the county bounded by a line
beginning at the intersection of the Cabarrus/Mecklenburg County line
and State Highway 73; then east along State Highway 73 to U.S. Highway
601 Business; then southeast along U.S. Highway 601 Business to State
Highway 200; then southeast along State Highway 200 to the Cabarrus/
Stanly County line; then south along the Cabarrus/Stanly County line to
the Cabarrus/Union County line; then northwest along the Cabarrus/Union
County line to the Cabarrus/Mecklenburg County line; then northwest
along the Cabarrus/Mecklenburg County line to the point of beginning.
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. That portion of the county bounded by a line
beginning at the intersection of the Chatham/Randolph County line and
U.S. Highway 64; then east along U.S. Highway 64 to the Chatham/Wake
County line; then south along the Chatham/Wake County line to the
Chatham/Harnett County line; then south along the Chatham/Harnett County
line to the Chatham/Lee County line; then west along the Chatham/Lee
County line to the Chatham/Moore County line; then west along the
Chatham/Moore County line to the Chatham/Randolph County line; then
north along the Chatham/Randolph County line to the point of beginning.
Chowan County. That portion of the county bounded by a line
beginning at the intersection of the Chowan/Gates County line and State
Highway 32; then south along State Highway 32 to State Highway 37; then
east along State Highway 37 to the Chowan/Perquimans County line; then
south along the Chowan/Perquimans County line to the shoreline of the
Albemarle Sound; then west along the shoreline of the Albemarle Sound to
the Chowan/Bertie County line; then north along the Chowan/Bertie County
line to the Chowan/Hertford County line; then north along the Chowan/
Hertford County line to the Chowan/Gates County line; then east along
the Chowan/Gates County line to the point of beginning.
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.
Edgecombe County. That portion of the county bounded by a line
beginning at the intersection of State Highway 33 and State Highway 111;
then east along State Highway 111 to State Highway 142; then east along
State Highway 142 to the Edgecombe/Martin County line; then south along
the Edgecombe/Martin County line to the Edgecombe/Pitt County line; then
west along the Edgecombe/Pitt County line to State Highway 33; then
north along State Highway 33 to the point of beginning.
Gaston County. That portion of the county bounded by a line
beginning at the intersection of the Gaston/Cleveland County line and
Interstate Highway 85; then north and east along Interstate Highway 85
to the Gaston/Mecklenburg County line; then south along the Gaston/
Mecklenburg County line to the North Carolina/South Carolina State line;
then west along the North Carolina/South Caroline State line to the
Gaston/Cleveland County line; then north along the Gaston/Cleveland
County line to the point of beginning.
Greene County. The entire county.
Hoke County. The entire county.
Hyde County. The entire county.
Jones County. The entire county.
Lenoir County. The entire county.
Martin County. That portion of the county bounded by a line
beginning at the intersection of the Martin/Edgecombe County line and
State Highway 142; then east along State Highway 142 to State Highway
125; then
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north along State Highway 125 to State Road 1429; then east along State
Road 1429 to the Martin/Bertie County line; then south along the Martin/
Bertie County line to the Martin/Washington County line; then south
along the Martin/Washington County line to the Martin/Beaufort County
line; then west along the Martin/Beaufort County line to the Martin/Pitt
County line; then north along the Martin/Pitt County line to the Martin/
Edgecombe County line; then north along the Martin/Edgecombe County line
to the point of beginning.
Mecklenburg County. The entire county.
Montgomery County. The entire county.
Moore County. That portion of the county bounded by a line beginning
at the intersection of the Moore/Chatham County line and State Highway
22; then south along State Highway 22 to State Highway 24/27; then east
along State Highway 24/27 to State Road 1805 (Union Church Road); then
southeast along State Road 1805 (Union Church Road) to U.S. Highway 1;
then south along U.S. Highway 1 to State Road 1001 (Lobelia Road); then
southeast along State Road 1001 (Lobelia Road) to the Moore/Cumberland
County line; then north along the Moore/Cumberland County line to the
Moore/Harnett County line; then north, west, and east along the Moore/
Harnett County line to the Moore/Lee County line; then northwest along
the Moore/Lee County line to the Moore/Chatham County line; then west
along the Moore/Chatham County line to the point of beginning.
New Hanover County. The entire county.
Onslow County. The entire county.
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.
Richmond County. The entire county.
Robeson County. The entire county.
Sampson County. That portion of the county bounded by a line
beginning at the intersection of the Sampson/Cumberland County line and
U.S. Highway 13; then northeast along U.S. Highway 13 to the Sampson/
Wayne County line; then southeast along the Sampson/Wayne County line to
the Sampson/Duplin County line; then south and east along the Sampson/
Duplin County line to the Sampson/Pender County line; then southwest
along the Sampson/Pender County line to the Sampson/Bladen County line;
then northwest along the Sampson/Bladen County line to the Sampson/
Cumberland County line; then northwest along the Sampson/Cumberland
County line to the point of beginning.
Scotland County. The entire county.
Stanly County. That portion of the county bounded by a line
beginning at the intersection of the Stanly/Cabarrus County line and
State Highway 24/27; then east along State Highway 24/27 to the Stanly/
Montgomery County line; then south along the Stanly/Montgomery County
line to the Stanly/Anson County line; then west along the Stanly/Anson
County line to the Stanly/Union County line; then west along the Stanly/
Union County line to the Stanly/Cabarrus County line; then north along
the Stanly/Cabarrus County line to the point of beginning.
Tyrrell County. The entire county.
Union County. The entire county.
Wake County. That portion of the county bounded by a line beginning
at the intersection of State Highway 55 and the Wake/Durham County line;
then south along the Wake/Durham County line to U.S. Highway 1; then
north along U.S. Highway 1 to U.S. Highway 70; then north along U.S.
Highway 70 to the Wake/Durham County line; then south and west along the
Wake/Durham County line to the point of beginning.
Washington County. The entire county.
Wayne County. That portion of the county bounded by a line beginning
at the intersection of the Wayne/Johnston County line and U.S. Highway
70; then east along U.S. Highway 70 to State Highway 111; then north
along State Highway 111 to State Road 1572; then southeast along State
Road 1572 to U.S. Highway 13; then east along U.S. Highway 13 to the
Wayne/Greene County line; then south along the Wayne/Greene County line
to the Wayne/Lenoir County line; then south along the Wayne/Lenoir
County line to the Wayne/Duplin County line; then west along the Wayne/
Duplin County line to the Wayne/Sampson County line; then west along the
Wayne/Sampson County line to the Wayne/
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Johnston County line; then north along the Wayne/Johnston County line to
the point of beginning.
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
Abbeville County. The entire county.
Aiken County. The entire county.
Allendale County. The entire county.
Anderson County. That portion of the county bounded by a line
beginning at the intersection of South Carolina Primary Highway 28 and
the Pickens County/Anderson County line; then southeast along South
Carolina Primary Highway 28 to its intersection with County Road 115;
then southeast along County Road 115 to its intersection with County
Road 29; then southeast along County Road 29 to its intersection with
County Road 81; then south along County Road 81 to its intersection with
South Carolina Highway 247; then east along this highway to its
intersection with the eastern Anderson County line; then south,
southwest, north and northeast along this county line to the point of
beginning.
Bamberg County. The entire county.
Barnwell County. The entire county.
Beaufort County. The entire county.
Berkeley County. The entire county.
Calhoun County. The entire county.
Charleston County. The entire county.
Cherokee County. That portion of the county bounded by a line
beginning at the intersection of the Cherokee/Spartanburg County line
and Interstate Highway 85; then north along Interstate Highway 85 to the
South Carolina/North Carolina State line; then east along the South
Carolina/North Carolina State line to the Cherokee/York County line;
then south along the Cherokee/York County line to the Cherokee/Union
County line; then northwest along the Cherokee/Union County line to the
Cherokee/Spartanburg County line; then northwest along the Cherokee/
Spartanburg County line to the point of beginning.
Chester County. The entire county.
Chesterfield County. The entire county.
Clarendon County. The entire county.
Colleton County. The entire county.
Darlington County. The entire county.
Dillon County. The entire county.
Dorchester County. The entire county.
Edgefield County. The entire county.
Fairfield County. The entire county.
Florence County. The entire county.
Georgetown County. The entire county.
Greenwood County. The entire county.
Greenville County. That portion of the county bounded by a line
beginning at the intersection of U.S. Highway 29 and the western
Greenville County line; then east along U.S. Highway 29 to its
intersection with the eastern Greenville County line; then south,
southwest, and north along the eastern Greenville County line to the
point of beginning.
Hampton County. The entire county.
Horry County. The entire county.
Jasper County. The entire county.
Kershaw County. The entire county.
Lancaster County. The entire county.
Laurens County. The entire county.
Lee County. The entire county.
Lexington County. The entire county.
Marion County. The entire county.
Marlboro County. The entire county.
McCormick County. The entire county.
Newberry County. The entire county.
Oconee County. That portion of the county bounded by a line
beginning at the intersection of the South Carolina/Georgia State line
and U.S. Highway 123; then east along U.S. Highway 123 to U.S. Highway
76; then southeast along U.S. Highway 76 to State Highway 183; then
northeast along State Highway 183 to Oconee County Road 107; then east
along Oconee County Road 107 to State Highway 11; then north along State
Highway 11 to State Highway 183; then east along State Highway 183 to
the Oconee/Pickens County line; then south along the Oconee/Pickens
County line to the Oconee/Anderson County line; then southwest along the
Oconee/Anderson County line to the South Carolina/Georgia State line;
then northwest along the South Carolina/Georgia State line to the point
of beginning.
Orangeburg County. The entire county.
Pickens County. That portion of the county bounded by a line
beginning at the intersection of the Pickens/Oconee County line and
State Highway 183; then northeast along State Highway 183 to Pickens
County Road 160; then southeast along Pickens County Road 160 to State
Highway 133; then south along State Highway 133 to Pickens County Road
15; then southeast along Pickens County Road 15 to State Highway 93;
then northeast along State Highway 93 to Pickens County Road 395; then
east along Pickens County Road 395 to Pickens County Road 27; then south
along Pickens County Road 27 to U.S. Highway 123; then northeast along
U.S. Highway 123 to U.S. Highway 178; then south along U.S. Highway 178
to the Pickens/Anderson County line; then southwest along the Pickens/
Anderson County line to the Pickens/Oconee County line; then north along
the
[[Page 92]]
Pickens/Oconee County line to the point of beginning.
Richland County. The entire county.
Saluda County. The entire county.
Spartanburg County. That portion of the county bounded by a line
beginning at the intersection of the Spartanburg/Greenville County line
and State Highway 357; then northeast along State Highway 357 to
Spartanburg County Road 38; then east along Spartanburg County Road 38
to U.S. Highway 176; then southeast along U.S. Highway 176 to
Spartanburg County Road 56; then east along Spartanburg County Road 56
to U.S. Highway 221; then northeast along U.S. Highway 221 to
Spartanburg County Road 105; then southeast along Spartanburg County
Road 105 to State Highway 110; then north along State Highway 110 to the
Spartanburg/Cherokee County line; then south along the Spartanburg/
Cherokee County line to the Spartanburg/Union County line; then
southwest along the Spartanburg/Union County line to the Spartanburg/
Laurens County line; then northwest along the Spartanburg/Laurens County
line to the Spartanburg/Greenville County line; then northwest and north
along the Spartanburg/Greenville County line to the point of beginning.
Sumter County. The entire county.
Union County. The entire county.
Williamsburg County. The entire county.
York County. The entire county.
Tennessee
Bradley County. The entire county.
Chester County. The entire county.
Decatur County. That portion of the county lying south of Interstate
Highway 40.
Fayette County. The entire county.
Franklin County. That portion of the county lying south and east of
a line beginning at the intersection of State Highway 50 and the Moore/
Franklin County line; then east along State Highway 50 to U.S. Highway
Alt. 41; then north and east along U.S. Highway Alt. 41 to the Franklin/
Grundy/Marion County line.
Giles County. That portion of the county lying south of a line
beginning at the intersection of State Highway 129 and the Giles/
Marshall County line; then west along State Highway 129 to U.S. Highway
31; then west along an imaginary line to the Lawrence/Giles County line.
Hamilton County. The entire county.
Hardeman County. The entire county.
Hardin County. The entire county.
Haywood County. That portion of the county lying south of Interstate
Highway 40.
Henderson County. That portion of the county lying south of
Interstate Highway 40.
Lawrence County. The entire county.
Lewis County. The entire county.
Lincoln 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 State Highway 129 and the Giles/
Marshall County line; then east along State Highway 129 to U.S. Highway
Alt. 31; then north along U.S. Highway Alt. 31 to State Highway 50; then
southeast along State Highway 50 to the Marshall/Lincoln County line.
Maury County. That portion of the county lying south and west of a
line beginning at the intersection of the Lewis/Maury County line and
Mount Joy Road; then east along Mount Joy Road to State Highway 243;
then northeast along State Highway 243 to Dry Creek Road; then south
along Dry Creek Road to the Maury/Lawrence County line.
McMinn County. The entire county.
McNairy County. The entire county.
Meigs County. The entire county.
Monroe County. That portion of the county lying south of a line
beginning at the intersection of the Loudon/Monroe County line and State
Highway 68; then southeast along State Highway 68 to U.S. Highway 411;
then northeast along U.S. Highway 411 to the Monroe/Loudon County line;
also the entire cities of Sweetwater, Madisonville, and Vonore, TN.
Moore County. That portion of the county lying south of State
Highway 50.
Perry County. That portion of the county lying south of latitude
35 deg.45'.
Polk County. The entire county.
Rhea County. The entire county.
Sequatchie County. That portion of the county lying south of a line
beginning at the intersection of the Grundy/Sequatchie County line and
State Highway 399; then northeast along State Highway 399 to State
Highway 8/111; then northeast along an imaginary line to the Sequatchie/
Bledsoe County line.
Shelby County. The entire county.
Wayne County. The entire county.
Texas
Anderson County. The entire county.
Angelina County. The entire county.
Aransas County. The entire county.
Atascosa County. The entire county.
Austin County. The entire county.
Bandera County. The entire county.
Bastrop County. The entire county.
Bee County. The entire county.
Bell County. The entire county.
Bexar County. The entire county.
Blanco County. The entire county.
Bosque County. The entire county.
Bowie County. The entire county.
Brazoria County. The entire county.
Brazos County. The entire county.
Brooks County. The entire county.
Brown County. The entire county.
Burleson County. The entire county.
Burnet County. The entire county.
Caldwell County. The entire county.
Calhoun County. The entire county.
[[Page 93]]
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.
Willacy County. The entire county.
Williamson County. The entire county.
Wilson County. The entire county.
[[Page 94]]
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]
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 Secs. 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 the Plant
Protection and Quarantine Treatment Manual. The Plant Protection and
Quarantine Treatment Manual is incorporated by reference. For full
identification of this standard, see Sec. 300.1 of this chapter,
``Materials incorporated by reference.''
(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]
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;
[[Page 95]]
(2) Is to be moved in compliance with any emergency conditions the
Administrator may impose under 7 U.S.C. 150dd to prevent the spread of
the imported fire ant; \5\ and
---------------------------------------------------------------------------
\5\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd)
authorizes the Secretary of Agriculture to impose emergency measures
necessary to prevent the spread of plant pests new to, or not widely
prevalent or distributed within and throughout, the United States.
---------------------------------------------------------------------------
(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 additional
emergency conditions the Administrator may impose under 7 U.S.C. 150dd
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]
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 96]]
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.
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)
Chlorpyrifos (Dursban)
Diazinon
Fenoxycarb (AWARD)
Hydramethylnon (AMDRO)
Pyriproxyfen (Distance)
Tefluthrin (FIREBAN)
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;
b. It has been washed free of noncompacted soil; or
[[Page 97]]
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. General requirements for emulsifiable chlorpyrifos, bifenthrin,
or tefluthrin.
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.
[[Page 98]]
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, Tronic, Tecowet, 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.
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
[[Page 99]]
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), fenoxycarb (AWARD), or pyriproxyfen
(Distance) 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.
Mixing must be adequate to blend the required dosage of granular
tefluthrin 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
[[Page 100]]
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,
or tefluthrin 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), hydramethylnon (AMDRO), or pyriproxyfen
(Distance) fire ant bait.
Dosage: Fenoxycarb (AWARD), hydramethylnon
(AMDRO), or pyriproxyfen (Distance) 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), hydramethylnon
(AMDRO), or pyriproxyfen (Distance) 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), hydramethylnon
(AMDRO), or pyriproxyfen (Distance) 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 fenoxycarb (AWARD), hydramethylnon
(AMDRO), or pyriproxyfen (Distance) 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) or hydramethylnon
(AMDRO), is capable of providing a residual barrier against
reinfestation by new queens. Therefore, the fenoxycarb (AWARD)
hydramethylnon (AMDRO), or pyriproxyfen (Distance)
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 Diazinon AG-500 and D-z-
n 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
Chlorpyrifos.
------------------------------------------------------------------------
Amount and dosage of
Material material Certification period
------------------------------------------------------------------------
Chlorpyrifos................ 4.0 lb (1.8 kg) a.i./ 4 weeks (after
acre. exposure period has
been completed).
[[Page 101]]
Chlorpyrifos................ 6.0 lb (2.7 kg) a.i./ 10 weeks (after
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 50-WP: 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).
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]
Subpart--Unshu Oranges [Reserved]
Subpart--Golden Nematode
Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.
[[Page 102]]
Quarantine and Regulations
Sec. 301.85 Quarantine; restriction on interstate movement of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections 8
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and
section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee),
the Secretary of Agriculture heretofore determined after public hearing
that it was necessary to quarantine the State of New York in order to
prevent the spread of the golden nematode (Heterodera rostochiensis),
which causes a dangerous disease of potatoes and certain other plants,
and not theretofore widely prevalent or distributed within and
throughout the United States. Therefore, under the authority of said
provisions, the Secretary hereby continues to quarantine the State of
New York, with respect to the interstate movement from the quarantined
State of the articles described in paragraph (b) of this section, issues
the regulations in this subpart governing such movement, and gives
notice of said quarantine and regulations.
(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(q) as regulated articles), except in
accordance with the conditions prescribed in this subpart:
(1) Soil, compost, humus, muck, peat, and decomposed manure,
separately or with other things.
(2) Plants with roots, except soil-free aquatic plants.
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
(6) Irish potatoes included within any one or more of the following
paragraph (b)(6)(i), (ii), or (iii) of this section:
(i) Irish potatoes for seed; and
(ii) Irish potatoes unless--
(A) Each is at least 1\1/2\ inches in diameter based on measurement
by a sizing screen or sizing chain, each is substantially free of soil
as a result of grading (a method of removing soil mechanically) under a
compliance agreement in accordance with Sec. 301.85-5(b), and they are
moved in an approved container; or
(B) Each is substantially free of soil as a result of washing or
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
(iii) Irish potatoes harvested from a field tested and found by an
inspector to contain an identifiable population of viable golden
nematodes, unless such field had been subsequently treated in accordance
with paragraph (b)(6)(ii) (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
[[Page 103]]
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]
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:
(a) 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.
(b) 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.
(c) 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.
(d) Farm tools. An instrument worked or used by hand, e.g., hoes,
rakes, shovels, axes, hammers, and saws.
(e) Generally infested area. Any part of a regulated area not
designated as a suppressive area in accordance with Sec. 301.85-2.
(f) Golden nematode. The nematode known as the golden nematode
(Heterodera rostochiensis), in any stage of development.
(g) Infestation. The presence of the golden nematode or the
existence of circumstances that make it reasonable to believe that the
golden nematode is present.
(h) 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.
(i) Interstate. From any State into or through any other State.
(j) 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.
(k) 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.
[[Page 104]]
(l) Mechanized soil-moving equipment. Equipment used for moving or
transporting soil, e.g., draglines, bulldozers, dump trucks, road
scrapers, etc.
(m) 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.
(n) Person. Any individual, corporation, company, society, or
association, or other organized group of any of the foregoing.
(o) Plant Protection and Quarantine Programs. The organizational
unit within the Animal and Plant Health Inspection Service delegated
responsibility for enforcing provisions of the Plant Quarantine Act and
Federal Plant Pest Act, and regulations promulgated thereunder.
(p) 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).
(q) Regulated article. Any articles as described in Sec. 301.85(b).
(r) 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.
(s) Scientific permit. A document issued by the Deputy Administrator
to allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
(t) Soil. That part of the upper layer of earth in which plants can
grow.
(u) State. Any State, territory, or district of the United States,
including Puerto Rico.
(v) 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).
(w) Treatment manual. The provisions currently contained in the
``Manual of Administratively Authorized Procedures to be Used Under the
Golden Nematode Quarantine'' and the ``Fumigation Procedures Manual.''
\1\
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\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.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982]
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
[[Page 105]]
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 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.
Sec. 301.85-2a Regulated areas; suppressive and generally infested areas.
The civil divisions and parts of civil divisions described below are
designated as golden nematode regulated areas within the meaning of the
provisions of this subpart; and such regulated areas are hereby divided
into generally infested areas or suppressive areas as indicated below:
New York
(1) Generally infested area:
Cayuga County. The town of Montezuma.
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. The towns of Prattsburg and Wheeler; 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 Rail Road) 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 Rail Road), then north and northwest along the Conrail right-
of-way to the point of beginning; and 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).
Suffolk County. The entire county.
Wayne County. The town of Savannah.
(2) Suppressive area: None.
[51 FR 30050, Aug. 22, 1986]
Sec. 301.85-2b Exempted articles. \2\
---------------------------------------------------------------------------
\2\ 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.
[[Page 106]]
(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 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]
Sec. 301.85-3 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 Secs. 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
[[Page 107]]
(b) The point of origin of such movement is clearly indicated on the
articles or shipping document which accompanies the articles and if the
movement is not made through any regulated area.
(b) Unless specifically authorized by the Deputy Administrator in
emergency situations, soil samples for processing, testing or analysis
may be moved interstate from any regulated area only to laboratories
approved \4\ by the Deputy Administrator and so listed by him in a
supplemental regulation. \5\ A certificate or permit 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
Secs. 301.85-4 and 301.85-7. A certificate or permit is not required to
be attached to soil samples originating in areas outside of the
regulated areas if the point of origin of such movement is clearly
indicated on the articles or shipping document which accompanies the
articles and if the movement is not made through any regulated area.
---------------------------------------------------------------------------
\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 PP 639 (37 FR 7813,
15525, and amendments thereof).
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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 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 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 the treatment manual,
[[Page 108]]
and if such regulated articles are eligible for certification for
movement to any destination under all Federal domestic plant quarantines
applicable to such articles. Any such person may execute and issue the
limited permit forms, or reproductions of such forms, for interstate
movement of regulated articles to specified destinations when the
inspector has made the determinations specified in paragraph (b) of this
section. Any such person may execute and issue the restricted
destination permit forms, or reproductions of such forms, for the
interstate movement of regulated articles not eligible for certification
under all Federal domestic plant quarantines applicable to such
articles, under the conditions specified in paragraph (c) of this
section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he
determines that the holder thereof has not complied with any condition
for the use of such document imposed by this subpart. Prior to such
withdrawal, the holder of the certificate of permit shall be notified of
the proposed action and the reason therefor and afforded reasonable
opportunity to present his views thereon.
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 he 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]
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 section 10 of the
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal
Plant Pest Act (7 U.S.C. 150dd)
[[Page 109]]
in accordance with instructions issued by the Deputy Administrator.
Sec. 301.85-9 Movement of live golden nematodes.
Regulations requiring a permit for and otherwise governing the
movement of live golden nematodes in interstate or foreign commerce are
contained in the Federal Plant Pest Regulations in part 330 of this
chapter. Applications for permits for the movement of the pest may be
made to the Deputy Administrator.
Sec. 301.85-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
Subpart--Sugarcane Diseases
Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.
Quarantine and Regulations
Sec. 301.87 Quarantine; restrictions on interstate movement of specified articles.1, 2
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\1\ Any property 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 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7
U.S.C. 150dd).
\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.
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(a) Notice of quarantine. Pursuant to sections 8 and 9 of the Plant
Quarantine Act of August 20, 1912, as amended, and sections 105 and 106
of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150dd, 150ee), the
Secretary of Agriculture hereby quarantines Hawaii in order to prevent
the artificial spread of leaf scald disease and quarantines Puerto Rico
in order to prevent the artifical spread of gummosis disease and leaf
scald disease; and hereby establishes regulations governing the
interstate movement from Hawaii and Puerto Rico of regulated articles
described in Sec. 301.87-2 of this subpart.
(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.
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.
[[Page 110]]
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 Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated under these
laws.
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or
otherwise designated as a regulated area in accordance with Sec. 301.87-
3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.87-2(a), (b), (c),
(d), or otherwise designated as a regulated article in accordance with
Sec. 301.87-2(e).
State. Any State, Territory, or District of the United States,
including the Commonwealth of Puerto Rico.
Sugarcane disease. This means leaf scald disease with respect to
activities in Hawaii, and means gummosis disease or leaf scald disease
with respect to activities in Puerto Rico.
[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]
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
[[Page 111]]
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 Secs. 301.87-5 and 301.87-8 of this subpart, or
(b) Without a certificate or limited permit, if
(1) Moved directly through any regulated area, and
(2) The article originated outside of any regulated area, and
(3) The point of origin of the article is clearly indicated by
shipping documents, its identity has been maintained, and it has not
been used for the production of sugarcane while in the regulated area.
Sec. 301.87-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate shall be issued by an inspector for the movement
of a regulated article if the inspector:
(1)(i) Determines that it has been treated under the direction of an
inspector \4\ in accordance with 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 emergency conditions necessary to prevent the spread of
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); \6\ and
---------------------------------------------------------------------------
\6\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides, among other things, that the Secretary of Agriculture may,
whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States, seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means of conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
---------------------------------------------------------------------------
(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:
[[Page 112]]
(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 emergency conditions necessary to prevent the spread of
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act
(7 U.S.C. 150dd); \6\ 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. 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.
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
[[Page 113]]
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
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]
[[Page 114]]
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.
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.
Farm tools. An instrument worked or used by hand, e.g., hoes, rakes,
shovels, and axes.
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 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.
Infestation (infected). The presence of Karnal bunt, or any stage of
development 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, cotton harvesters, and hay balers.
Milling products and byproducts. Products and byproducts resulting
from processing wheat, durum wheat, or triticale, including animal feed,
waste and debris.
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.
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,
[[Page 115]]
or any State, territory, or possession of the United States.
[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]
Sec. 301.89-2 Regulated articles.
The following are regulated articles:
(a) Conveyances, including trucks, railroad cars, and other
containers used to move wheat, durum wheat, or triticale;
(b) Grain elevators/equipment/structures used for storing and
handling wheat, durum wheat, and triticale;
(c) Milling products or byproducts, except flour;
(d) Plants, or plant parts, including grain, seed, or straw of all
varieties of the following species:
Wheat: Triticum aestivum;
Durum wheat: Triticum durum; and
Triticale: Triticum aestivum X Secale cereale;
(e) Tilletia indica (Mitra) Mundkur;
(f) Root crops with soil;
(g) Soil from areas where field crops are produced;
(h) Manure from animals that have fed on untreated or raw wheat,
durum wheat, or triticale;
(i) Mechanized harvesting equipment used in the production of wheat,
durum wheat, and triticale that test positive from Karnal bunt;
(j) Seed conditioning equipment that has been used in the production
of wheat, durum wheat, and triticale;
(k) Any other product, article or means of conveyance when:
(1) An inspector determines that it presents a risk of spreading
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
[61 FR 52207, Oct. 4, 1996, as amended at 63 FR 50751, Sept. 23, 1998;
65 FR 50596, Aug. 21, 2000]
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 (f) 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.
[[Page 116]]
(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 was found during survey to contain spores consistent with Karnal
bunt and has been determined to be associated with grain at a handling
facility containing 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 that has been associated with grain at a handling facility
containing a bunted kernel).
(f) 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 134, Riverdale, MD 20737-1236):
ARIZONA
La Paz County. Beginning at the southeast corner of sec. 33, T. 5
N., R. 21 W.; then west to the Colorado River; then north along the
Colorado River to the west edge of sec. 26, T. 6 N., R. 22 W.; then
north to the northwest corner of sec. 26, T. 6 N., R. 22 W.; then east
to the northeast corner of sec. 27, T. 6 N., R. 21 W.; then south to the
southeast corner of sec. 10, T. 5 N., R. 21 W.; then west to the
southwest corner of sec. 10, T. 5 N., R. 21 W.; then south to the point
of beginning; and
Beginning at the southeast corner of sec. 36, T. 7 N., R. 21 W.;
then west to the southwest corner of sec. 31, T. 7 N., R. 21 W.; then
north to the northwest corner of sec. 7, T. 7 N., R. 21 W.; then east to
the northwest corner of sec. 8, T. 7 N., R. 21 W.; then north to the
northwest corner of sec. 5, T. 7 N., R. 21 W.; then east to the
northwest corner of sec. 4, T. 7 N., R. 21 W.; then north to the
northwest corner of sec. 33, T. 8 N., R. 21 W.; then east to the
northeast corner of sec. 34, T. 8 N., R. 21 W.; then south to the
northeast corner of sec. 3, T. 7 N., R. 21 W.; then east to the
northeast corner of sec. 2, T. 7 N., R. 21 W.; then south to the
northeast corner of sec. 11, T. 7 N., R. 21 W.; then east to the
northeast corner of sec. 12, T. 7 N., R. 21 W.; then south to the point
of beginning.
Maricopa County. Beginning at the southeast corner of sec. 12, T. 6
S., R. 6 W.; then west to the southwest corner of sec. 7, T. 6 S., R. 6
W.; then north to the northwest corner of sec. 7, T. 6 S., R. 6 W.; then
west to the southwest corner of sec. 2, T. 6 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. 18, T. 5 S., R. 6 W.; then south to the
southeast corner of sec. 19, T. 5 S., R. 6 W.; then east to the
northeast corner of sec. 25, T. 5 S., R. 6 W.; then south to the point
of beginning; and
Beginning at the southeast corner of sec. 14, T. 1 S., R. 4 W.; then
west to the southwest corner of sec. 14, 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
northeast corner of sec. 14, T. 1 N., R. 4 W.; then south to the point
of beginning; and
Beginning at the southeast corner of sec. 6, T. 1 S., R. 2 W.; then
west to the southwest corner of sec. 5, T. 1 S., R. 3 W.; then north to
the northwest corner of sec. 17, T. 1 N., R. 3 W.; then east to the
northeast corner of sec. 18, T. 1 N., R. 2 W.; then north to the
northwest corner of sec. 8, T. 1 N., R. 2 W.; then east to the northeast
corner of sec. 8, T. 1 N., R. 2 W.; then south to the southeast corner
of sec. 32, T. 1 N., R. 2 W.; then west to the northeast corner of sec.
6, T. 1 S., R. 2 W.; then south to the point of beginning; and
Beginning at the southeast corner of sec. 28, T. 1 S., R. 2 E.; then
west to the southwest corner of sec. 30, T. 1 S., R. 2 E.; then north to
the southwest 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
southwest corner of sec. 2, T. 1 S., R. 1 E.; then
[[Page 117]]
west to the southwest corner of sec. 4, T. 1 S., R. 1 E.; then north to
the northwest corner of sec. 4, T. 1 S., R. 1 E., then west to the
southwest corner of sec. 33, T. 1 N., R. 1 W.; then north to the
southwest corner of sec. 9, T. 1 N., R. 1 W.; then west to the southwest
corner of sec. 12, T. 1 N., R. 2 W.; then north to the southwest corner
of sec. 25, T. 2 N., R. 2 W.; then west to the southwest corner of sec.
27, 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. 23, 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
northwest corner of sec. 18, T. 1 N., R. 2 E.; then east to the
northeast corner of sec. 13, T. 1 N., R. 2 E.; then south to the
southeast corner of sec. 12, T. 1 S., R. 2 E.; then west to the
southeast corner of sec. 9, T. 1 S., R. 2 E.; then south to the point of
beginning; and
Beginning at the southeast corner of sec. 34, T. 2 N., R. 5 E.; then
west to the southwest corner of sec. 31, T. 2 N., R. 5 E.; then north to
the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the
northeast corner of sec. 10, T. 2 N., R. 5 E.; then south to the point
of beginning; and
Beginning at the intersection of the Maricopa/Pinal County line and
the southwest corner of sec. 31, T. 2 S., R. 5 E.; then north to the
northwest corner of sec. 31, T. 2 S., R. 5 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 northwest corner of sec.
34, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 22, T.
1 S., R. 5 E.; then east to the northwest corner of sec. 20, 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 northeast corner of sec. 7, T. 1 S., R. 7 E.; then
south to the southeast corner of sec. 31, T. 1 S., R. 7 E.; then east to
the northeast corner of sec. 5, T. 2 S., R. 7 E.; then south to the
southeast corner of sec. 5, T. 2 S., R. 7 E.; then east to the Maricopa/
Pinal County line; then south and west along the Maricopa/Pinal County
line to the point of beginning.
The following individual fields in Maricopa County are regulated
areas:
301060505
301060506
301060601
301060602
301060603
301060604
301102505
301102506
303111502
303111503
303113002
304031904
304031906
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
306013222
306013231
306020404
306020501
306020601
306020623
316123301
316123302
316123303
316131901
316131904
316132302
316132604
Pinal County. Beginning at the intersection of the Maricopa/Pinal
County line and the northwest corner of sec. 7, T. 2 S., R. 8 E.; then
east to the northeast corner of sec. 8, T. 2 S., R. 8 E.; then south to
the southeast corner of sec. 8, T. 2 S., R. 8 E.; then east to the
northeast corner of sec. 16, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 28, T. 2 S., R. 8 E.; then west to the
southeast corner of sec. 29, T. 2 S., R. 8 E.; then south to the
southeast
[[Page 118]]
corner of sec. 32, T. 2 S., R. 8 E.; then west to the Maricopa/Pinal
County line; then north along the Maricopa/Pinal County line to the
point of beginning; and
Beginning at the intersection of the Maricopa/Pinal County line and
the northeast corner of sec. 5, 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. 34, T. 3 S., R. 5 E.; then north to the
southwest corner of sec. 3, T. 3 S., R. 5 E.; then west to the southwest
corner of sec. 6, T. 3 S., R. 5 E.; then north to the Maricopa/Pinal
County line; then east along the Maricopa/Pinal County line to the point
of beginning; and
Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; then
west to the southwest corner of sec. 5, T. 6 S., R. 3 E.; then north to
the southwest corner of sec. 28, T. 5 S., R. 3 E.; then west to the
southwest corner of sec. 25, T. 5 S., R. 2 E.; then north to the
southwest corner of sec. 24, T. 5 S., R. 2 E.; then west to the
southwest corner of sec. 23, T. 5 S., R. 2 E.; then north to the
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the
northwest corner of sec. 36, 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
northwest corner of sec. 29, 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. 21, T. 4 S., R. 4 E.; then south to the
northeast corner of sec. 4, T. 5 S., R. 4 E.; then east to the northeast
corner of sec. 3, T. 5 S., R. 4 E.; then south to the southeast corner
of sec. 22, T. 5 S., R. 4 E.; then west to the southeast corner of sec.
21, T. 5 S., R. 4 E.; then south to the point of beginning.
The following individual fields in Pinal County are regulated areas:
307012207
308102604
308102605
309021801
309021804
309021812
309031304
309033507
309042544
309042545
309042601
309042607
309042619
309042620
309042621
309050104
309050109
309050122
309050207
309050209
Yuma County. The following individual fields in Yuma County are
regulated areas:
321010208
321010210
321010211
321010224
321010301
321010302
321011103
321033501
321033502
321033503
321033516
321033517
321033518
321033519
321040405
321040911
321040912
321040915
321040917
321040918
321040921
321040922
321041903
321041904
321041908
321041919
321042903
323030401
323030402
323030403
323030404
323030405
323030406
323030501
323030502
323030512
323030513
323030514
323030515
323030521
California
Imperial County. Beginning at the intersection of the Riverside/
Imperial County line and the California/Arizona State line; then west to
the northwest corner of sec. 1, T. 9 S., R. 21 E.; the south to the
California/Arizona State line; then east and north along the State line
to the point of beginning.
Riverside County. Beginning at the intersection of the Riverside/
Imperial County line and the California/Arizona
[[Page 119]]
State line; then west to the southwest corner of sec. 31, T. 8 S., R. 22
E.; then north to the northwest corner of sec. 30, T. 7 S., R. 22 E.;
then north and northeast along the Palo Verde Valley agriculture area to
the intersection of the California/Arizona State line; then south along
the State line to the point of beginning.
New Mexico
Dona Ana County. The following individual fields in Dona Ana County
are regulated areas:
113040501
113040502
113040506
113040507
113040508
113040601
113040602
113040702
113040902
113042601
113042602
113042707
113042708
113043401
113043407
113043503
113043508
113043509
113050201
113050202
113050301
113060701
113060702
113060703
113060801
113060809
113060901
113060902
113070702
113072701
113072702
113072703
113072704
113072705
113072706
113173103
113210401
113210402
113210403
113210406
113210407
113210808
113212103
113212802
113212806
113241601
113242708
Hidalgo County. The following individual fields in Hidalgo County
are regulated areas:
123272403
123353001
Luna County. The following individual fields in Luna County are
regulated areas:
129011301
129012201
129013003
129013006
129022502
129060806
129060901
129060902
129062001
129062801
129062802
129232801
129232804
129232805
129232806
129292404
129300506
129300608
129301104
129301301
129301401
129301701
129301801
129301806
129302001
129302702
129303302
129440601
129440602
129440701
129440702
129440703
129440708
129440801
129441701
Sierra County. The following individual fields in Sierra County are
regulated areas:
151013401
151441201
151441202
151441306
151442201
151442601
151442602
151442603
151442604
151442605
151442606
151442607
151442608
151442609
151442610
151442611
151442612
151442613
151442614
[[Page 120]]
151442701
151443501
151443502
151443503
151443601
151443602
151443603
151443604
151451306
151453001
151453101
151453102
151453103
151453104
151502801
Texas
El Paso County. The following individual fields in El Paso County
are regulated areas:
441141301
441142301
441142302
441142303
441142304
441142305
441142306
441142307
441142401
441142402
441142403
441142404
441241301
441241302
441252801
441252803
441252804
441252901
441253201
441253302
441253401
Hudspeth County. The following individual fields in Hudspeth County
are regulated areas:
429050701
429050702
429070101
429070102
McCulloch County. Beginning at the McCulloch/San Saba County line
and the line of latitude 31.232299 N.; then west along the line of
latitude 31.232299 N. to the line of longitude -99.13473 W.; then north
along the line of longitude -99.13473 W to the line of latitude 31.31004
N.; then east along the line of latitude 31.31004 N. to the line of
longitude -99.11427 W.; then north along the line of longitude -99.11427
W to the line of latitude 31.283487 N.; then east along the line of
latitude 31.283487 N. to the McCulloch/San Saba County line; then south
to the point of beginning.
San Saba County. Beginning at the San Saba/Mills County line and the
line of longitude -98.5851 W.; then south along the line of longitude -
98.5851 W to the line of latitude 31.167959 N.; then west along the line
of latitude 31.167959 N. to the line of longitude -98.903233 W.; then
north along the line of longitude -98.903233 W. to the line of latitude
31.310819 N.; then east along the line of latitude 31.3100819 N. to the
San Saba/Mills County line; then south along the San Saba/Mills County
line to the point of beginning; and
Beginning at the San Saba/McCulloch County line and the line of
latitude 31.283487 N.; then east along the line of latitude 31.283487 N.
to the line of longitude -99.063487 W.; then south along the line of
longitude -99.063487 W. to the line of latitude 31.232299 N.; then west
along the line of latitude 31.232299 N. to the San Saba/McCulloch County
line; then north along the San Saba/McCulloch County line 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]
Sec. 301.89-4 Planting.
Wheat, durum wheat, and triticale may be planted in all fields
within a regulated area. All wheat seed, durum wheat seed, and triticale
seed that originates within a regulated area must be tested and found
free from spores and bunted wheat kernels, then treated with a fungicide
in accordance with Sec. 301.89-13(d), before it may be planted within a
regulated area.
[64 FR 23754, May 4, 1999]
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 Secs. 301.89-6 and 301.89-10;
[[Page 121]]
(2) Without a certificate or limited permit, provided that each of
the following conditions is met:
(i) The regulated article was moved into the regulated area from an
area that is not regulated;
(ii) The point of origin is indicated on a waybill accompanying the
regulated article;
(iii) The regulated article is moved through the regulated area
without stopping, or has been stored, packed, or handled at locations
approved by an inspector as not posing a risk of contamination with
Karnal bunt, or has been treated in accordance with 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, Domestic and
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland
20737-1236.
---------------------------------------------------------------------------
(4) Without a certificate or limited permit, provided the regulated
article is straw/stalks/seed heads for decorative purposes that have
been processed or manufactured prior to movement and are intended for
use indoors.
(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]
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, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or
from Karnal Bunt Project, 3658 E. Chipman Rd. Phoenix, Arizona 85040.
---------------------------------------------------------------------------
(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 emergency conditions the
Administrator may impose under 7 U.S.C. 150dd to prevent the artificial
spread of Karnal bunt;3 and
---------------------------------------------------------------------------
\3\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd)
authorizes the Secretary of Agriculture to impose emergency measures
necessary to prevent the spread of plant pests new to, or not widely
prevalent or distributed within and throughout, the United States.
---------------------------------------------------------------------------
(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, grain from a
field within a regulated area must be tested prior to its movement from
the field or before it is commingled with other grains and must be found
free from bunted kernels. If bunted kernels are found, the grain will be
eligible for movement only under a limited permit issued in
[[Page 122]]
accordance with paragraph (c) of this section.
(c) An inspector or a person operating under a compliance agreement
will issue a limited permit for the movement within or outside the
regulated area of a regulated article not eligible for a certificate if
the inspector determines that the regulated article:
(1) Is to be moved to a specified destination for specified
handling, utilization, or processing (the destination and other
conditions to be listed in the limited permit and/or compliance
agreement), and this movement will not result in the artificial spread
of Karnal bunt because Karnal bunt will be destroyed or the risk
mitigated by the specified handling, utilization, or processing;
(2) Is to be moved in compliance with any additional emergency
conditions the Administrator may impose under 7 U.S.C. 150dd 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 all of the requirements of paragraph
(a) or (b), respectively, of this section.
[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]
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, 4700
River Road Unit 134, Riverdale, Maryland 20737-1236, or from the Karnal
Bunt Project, 3658 E. Chipman Rd., Phoenix, Arizona 85040.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]
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 123]]
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.
---------------------------------------------------------------------------
\5\ See footnote 2.
---------------------------------------------------------------------------
(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 and disinfection.
(a) Mechanized harvesting equipment that has been used to harvest
host crops that test positive for Karnal bunt and seed conditioning
equipment that has been used in the production of any host crops must be
cleaned and disinfected in accordance with Sec. 301.89-13(a) prior to
movement from a regulated area.
(b) [Reserved]
[63 FR 50751, Sept. 23, 1998, as amended at 64 FR 23754, May 4, 1999; 65
FR 50598, Aug. 21, 2000]
Sec. 301.89-13 Treatments.
(a) 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 and
disinfected under this subpart must be cleaned by removing all soil and
plant debris and disinfected by one of the methods specified in
paragraphs (a)(1) through (a)(4) of this section, unless a particular
treatment is designated by an inspector. The treatment used must be that
specified by an inspector if that treatment is deemed most effective in
a given situation:
(1) Wetting all surfaces to the point of runoff with a solution of
1.5 percent sodium hypochlorite--e.g., with a solution of sodium
hypochlorite mixed with water applied at the rate of 1 gallon of
household chlorine bleach (5.2 percent sodium hypochlorite) mixed with
2.5 gallons of water--and letting stand for 15 minutes. The equipment or
site should be thoroughly washed down after 15 minutes to minimize
corrosion; or
(2) 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;
(3) 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 180 deg.F; or
(4) Fumigating with methyl bromide at the dosage of 15 pounds/1000
cubic feet for 96 hours.
(b) Soil must be wet to a depth of 1 inch by water (irrigation or
rain) just prior to treatment and must be treated by fumigation with
methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.
(c) Millfeed must be treated with a moist heat treatment of 170
deg.F for at least 1 minute if the millfeed resulted from the milling of
wheat, durum wheat, or triticale that tested positive for Karnal bunt.
[[Page 124]]
(d) Seed for planting must be treated by one of the following
methods:
(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;
(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene
(2.23 lb. ai./gal.) per 100 pounds of seed;
(3) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid per 100 pounds of seed;
(4) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid per 100 pounds of seed; or
(5) With 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./
gal.) per 100 pounds of seed.
(e) Seed used for germplasm or for research purposes must be treated
with a 1.5 percent aqueous solution of sodium hypochlorite (=30 percent
household bleach) containing 2 ml. of Tween 20TM per liter
agitated for 10 minutes at room temperature followed by a 15-minute
rinse with clean, running water and then by drying, and either:
(1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent,
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed; or
(2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene
(2.23 lb. ai./gal.) per 100 pounds of seed.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 64265, Dec. 5, 1997; 63
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999]
Sec. 301.89-14 Compensation for the 1995-1996 crop season.
The following individuals are eligible to receive compensation from
the United States Department of Agriculture (USDA) for the 1995-1996
crop season to mitigate losses or expenses incurred because of the
Karnal bunt regulations and emergency actions, as follows:
(a) Growers who have destroyed crops. Growers in New Mexico and
Texas who have destroyed crops of wheat pursuant to an Emergency Action
Notification (PPQ Form 523) issued by an inspector are eligible to be
compensated at the rate of $300 per acre of destroyed crop. Compensation
payments will be issued by the Farm Service Agency (FSA). To claim
compensation, the grower must complete and submit to a local FSA county
office whichever of the following three forms are applicable, as
determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. The
forms will be furnished by FSA. Claims for compensation must be received
by FSA on or before May 31, 1997. The Administrator may extend this
deadline, upon request in specific cases, when unusual and unforeseen
circumstances occur which prevent or hinder a claimant from requesting
compensation on or before May 31, 1997.
(b) Growers and handlers who sell nonpropagative wheat. Growers and
handlers in a State where the Secretary has declared an extraordinary
emergency, and who sell nonpropagative wheat grown in the regulated area
or in an area for which an Emergency Action Notification (PPQ Form 523)
has been issued in accordance with Sec. 301.89-3(d), are eligible to be
compensated for the loss in value of their wheat due to the Karnal bunt
regulations, as follows:
(1) Growers who sell nonpropagative wheat. Growers are eligible to
be compensated for nonpropagative 1995-1996 crop season wheat and for
nonpropagative wheat inventories in their possession that were unsold as
of March 1, 1996, as described in paragraphs (b)(1)(i), (b)(1)(ii), and
(b)(1)(iii) of this section. However, compensation will not exceed $2.50
per bushel under any circumstances.
(i) If the wheat was grown under contract and a price was determined
in the contract before March 1, 1996, compensation will equal the
contracted price minus the higher of either the salvage value, as
described in paragraph (b)(3) of this section, or the actual price
received by the grower.
(ii) If the wheat was grown under contract and a price was
determined in the contract on or after March 1, 1996, and on or before
August 1, 1996, compensation will equal the higher of either the
contract price or the estimated market price for the relevant
[[Page 125]]
class of wheat (meaning type of wheat, such as durum or hard red winter)
minus the higher of either the salvage value, as described in paragraph
(b)(3) of this section, or 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) for the period between May 1
and June 30, 1996, with adjustments for transportation and other
handling costs.
(iii) If the wheat was not grown under contract or a price was
determined in the contract after August 1, 1996, 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 higher of either
the salvage value, as described in paragraph (b)(3) of this section, or
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) for the period between May 1 and June 30, 1996, with adjustments
for transportation and other handling costs.
(2) Handlers who sell nonpropagative wheat. Handlers are eligible to
be compensated for nonpropagative 1995-1996 crop season wheat and for
nonpropagative wheat inventories in their possession that were unsold as
of March 1, 1996, only under the circumstances described in paragraphs
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section. Compensation for
the circumstances in paragraphs (b)(2)(i) and (b)(2)(ii) 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 salvage value, as
described in paragraph (b)(3) of this section. Compensation for the
circumstance in paragraph (b)(2)(iii) 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 higher of either the salvage value,
as described in paragraph (b)(3) of this section, or the actual price
received by the handler. 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) for the
period between May 1 and June 30, 1996, with adjustments for
transportation and other handling costs. However, compensation will not
exceed $2.50 per bushel under any circumstances.
(i) Handlers who honor contracts by paying the grower full contract
price on wheat grown for nonpropagative purposes in the regulated area
that was tested by APHIS and found positive for Karnal bunt;
(ii) Handlers who purchase contracted or noncontracted wheat grown
for nonpropagative purposes in the regulated area that was tested by
APHIS and found negative for Karnal bunt prior to purchase but that was
tested by APHIS and found positive for Karnal bunt after purchase; or
(iii) Except as explained in this paragraph, handlers who honor
contracts by paying the grower or another handler full contract price on
nonpropagative wheat grown in the regulated area that was tested by
APHIS and found negative for Karnal bunt if a price was determined in
the contract before March 1, 1996. Handlers who had contracted to sell
the wheat at a price determined in the contract before March 1, 1996,
and who received the full contract price, are not eligible for
compensation.
(3) Salvage value. Salvage values will be as follows:
(i) If the wheat is positive for Karnal bunt and is sold for use as
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per
bushel for all classes of wheat.
(ii) If the wheat is positive for Karnal bunt and is sold for a use
other than animal feed, salvage value equals whichever is higher of the
following: the average price paid in the region of the regulated area
where the wheat is sold for the relevant class of wheat (meaning type of
wheat, such as durum or hard red winter) for the period between May 1
and June 30, 1996; or, $3.60 per bushel.
(iii) If the wheat is negative for Karnal bunt and is sold for any
use, salvage value equals whichever is higher of the following: the
average price paid in the region of the regulated area
[[Page 126]]
where the wheat is sold for the relevant class of wheat (meaning type of
wheat, such as durum or hard red winter) for the period between May 1
and June 30, 1996; or, $3.60 per bushel.
(4) To claim compensation. Compensation payments will be issued by
the Farm Service Agency (FSA). Claims for compensation must be received
by FSA on or before May 31, 1997. The Administrator may extend this
deadline, upon request in specific cases, when unusual and unforeseen
circumstances occur which prevent or hinder a claimant from requesting
compensation on or before May 31, 1997. To claim compensation, a grower
or handler must complete and submit to the local FSA county office the
following documents:
(i) Both growers and handlers. A grower or handler must submit
whichever of the following three forms are applicable, as determined by
FSA: FSA Form 574, FSA Form 578, and FCI Form 73. A grower or a handler
must also submit a copy of the receipt for the final sale of the wheat,
showing the intended use for which the wheat was sold, and a copy of the
Karnal bunt certificate issued by APHIS that shows the Karnal bunt test
results.
(ii) Growers. In addition to the documents required in paragraph
(b)(4)(i), growers must submit a copy of the contract the grower has for
the wheat, if the wheat was under contract; and a copy of the receipt
for the final sale of the wheat, showing the intended use for which the
wheat was sold, total bushels sold, and the total amount paid to the
grower by the handler.
(iii) Handlers. In addition to the documents required in paragraph
(b)(4)(i), handlers must submit a copy of the contract the handler had
with the grower for the wheat, if the wheat was under contract; a copy
of the receipt for the purchase of the wheat from the grower or handler,
showing the total bushels purchased and the amount the handler paid for
the wheat; and a copy of the receipt for the final sale of the wheat,
showing the intended use for which the wheat was sold. Handlers who had
contracted to sell the wheat at a price determined in the contract
before March 1, 1996, must submit a copy of the contract for the sale of
the wheat.
(c) Nonpropagative wheat that is not sold. If a grower or handler of
nonpropagative wheat grown in the regulated area in a State where the
Secretary has declared an extraordinary emergency is not able to or
elects not to sell their wheat, they will be eligible to receive
compensation at the rate of $2.50 per bushel. Compensation will only be
paid if the grower or handler has destroyed the wheat by burying it in a
sanitary landfill or other site that has been approved by APHIS.
Compensation claims will be issued by the Farm Service Agency (FSA). To
claim compensation, the grower or handler must complete and submit to
the local FSA county office whichever of the following three forms are
applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI
Form 73. In addition, the grower or handler must submit verification of
how much wheat was buried, in the form of a receipt from the sanitary
landfill or verification signed by an APHIS inspector. Claims for
compensation must be received by FSA on or before May 31, 1997. The
Administrator may extend this deadline, upon request in specific cases,
when unusual and unforeseen circumstances occur which prevent or hinder
a claimant from requesting compensation on or before May 31, 1997.
(d) Growers and seed companies that sold wheat seed. Growers of and
seed companies with certified wheat seed or wheat grown with the intent
of producing certified wheat seed are eligible for compensation for the
loss in value of their seed, in accordance with this section, if the
seed was grown in a State where the Secretary has declared an
extraordinary emergency, and if the seed was grown in an area of that
State that was regulated for Karnal bunt or under Emergency Action
Notification (PPQ Form 523) for Karnal bunt during the 1995-1996 crop
season.
(1) Growers who sold wheat seed under contract. Growers who sold
1995-1996 crop season certified wheat seed or 1995-1996 crop season
wheat grown with the intent of producing certified wheat seed are
eligible to receive compensation as described in paragraphs (d)(1)(i)
and (d)(1)(ii) of this section if they sold the wheat under contract to
a seed company. However, compensation will
[[Page 127]]
not exceed $2.80 per bushel under any circumstances.
(i) If the wheat was grown under contract and a price was determined
in the contract on or before March 1, 1996, and the contract price was
not honored by the seed company, the compensation rate will equal the
contract price (CP), including the seed premium if specified in the
contract, minus the higher of either the salvage value (SV), as
described in paragraph (d)(6) of this section, plus the actual seed
premium received by the grower (SP)(actual), or the actual price
received by the grower (AP), including any seed premium specified on the
receipt for the final sale of the wheat. If the actual seed premium
received by the grower is not specified on the receipt for the final
sale of the wheat, the seed premium will be set at $.30 for the
compensation calculation. In each case, the amount of the actual price
or the salvage value of the wheat seed will include the value of any
proceeds accrued through insurance claims, judgments, or from any other
source. The equation for this compensation is: Compensation rate = CP--
higher of [SV + (SP(actual) or $.30) or [AP].
(ii) If the wheat was grown under contract and a price was
determined in the contract after March 1, 1996, the compensation rate
will equal the estimated market price for grain (EMP) plus the seed
premium if specified in the contract (SP)(contract) minus the higher of
either the salvage value (SV), as described in paragraph (d)(6) of this
section, plus the actual seed premium received by the grower
(SP)(actual), or the actual price received by the grower (AP), including
any seed premium specified on the receipt for the final sale of the
wheat. If a seed premium is not specified in the contract or on the
receipt for the final sale of the wheat, the seed premium that is added
to the estimated market price (EMP) and the seed premium that is added
to the salvage value (SV) will be set at $.30. In each case, the amount
of the actual price or the salvage value of the wheat seed will include
the value of any proceeds accrued through insurance claims, judgments,
or from any other source. The equation for this compensation is:
Compensation rate = [EMP + (SP(contract) or $.30)]--higher of [SV +
(SP(actual) or $.30)] or [AP]. 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) for the period between May 1 and June 30, 1996, with adjustments
for transportation and other handling costs.
(2) Growers who sold wheat seed for nonpropagative purposes. Growers
with 1995-1996 crop season certified wheat seed or 1995-1996 crop season
wheat grown with the intent of producing certified wheat seed are
eligible to receive compensation in accordance with paragraphs (d)(2)(i)
and (d)(2)(ii) of this section if they sold the wheat for nonpropagative
purposes. However, compensation will not exceed $2.80 per bushel under
any circumstances.
(i) If the grower has not claimed compensation under paragraph (b)
of this section, the compensation rate will equal the estimated market
price for grain (EMP) minus the actual price received by the grower
(AP), plus the seed premium specified in the contract the grower had
with a seed company (SP). If a seed premium is not specified in the
contract, SP will equal $.30. In each case, the amount of the actual
price of the wheat seed will include the value of any proceeds accrued
through insurance claims, judgments, or from any other source. The
equation for this compensation is: Compensation rate = (EMP-AP) + (SP or
$.30). Growers who claim compensation under this paragraph may not claim
compensation under paragraph (b) of this section.
(ii) If the grower has claimed compensation under paragraph (b) of
this section, the compensation rate will equal the premium specified in
the contract the grower had with a seed company. If no seed premium is
specified in the contract, compensation will equal $.30 per bushel.
(3) Seed companies that sold wheat seed for nonpropagative purposes
and that have not claimed compensation. Seed companies with 1995-1996
crop season certified wheat seed or 1995-1996 crop season wheat grown
with the intent of producing certified wheat seed, and seed companies
with certified wheat seed inventories in their possession
[[Page 128]]
that were unsold as of March 1, 1996, are eligible to receive
compensation as described in paragraphs (d)(3)(i) and (d)(3)(ii) of this
section if the wheat seed was sold for nonpropagative purposes and if
the seed company has not claimed compensation under paragraph (b) of
this section. Seed companies that claim compensation under paragraph
(d)(3)(i) or (d)(3)(ii) of this section may not claim compensation under
paragraph (b) of this section.
(i) If the wheat was grown in the 1995-1996 crop season, was under
contract, and the seed company honored the contract by paying the grower
the full contract price, including the seed premium if a seed premium is
specified in the contract, the compensation rate will equal the
estimated market price for grain (EMP) plus the seed margin (SM) minus
the higher of either the actual price received by the seed company (AP)
or the salvage value (SV), as described in paragraph (d)(6) of this
section. The equation for this compensation is: Compensation rate = EMP
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private
variety seed and $2.40 per bushel for public variety seed. In each case,
the amount of the actual price or the salvage value of the wheat seed
will include the value of any proceeds accrued through insurance claims,
judgments, or from any other source. However, compensation will not
exceed $7.00 per bushel for private variety seed and $4.90 per bushel
for public variety seed under any circumstances.
(ii) If a seed company had wheat inventories from past crop seasons
that were unsold as of March 1, 1996, the compensation rate will equal
the estimated market price for grain (EMP) plus the seed margin (SM)
minus the higher of either the actual price received by the seed company
(AP) or the salvage value (SV), as described in paragraph (d)(6) of this
section. The equation for this compensation is: Compensation rate = EMP
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private
variety seed and $2.40 per bushel for public variety seed. In each case,
the amount of the actual price or the salvage value of the wheat seed
will include the value of any proceeds accrued through insurance claims,
judgments, or from any other source. However, compensation will not
exceed $7.00 per bushel for private variety seed and $4.90 per bushel
for public variety seed under any circumstances.
(4) Seed companies that sold wheat seed for nonpropagative purposes
and that have claimed compensation. Seed companies with 1995-1996 crop
season certified wheat seed or 1995-1996 crop season wheat grown with
the intent of producing certified wheat seed, and seed companies with
certified wheat seed inventories in their possession that were unsold as
of March 1, 1996, are eligible to receive compensation as described in
this paragraph if the wheat seed was sold for nonpropagative purposes
and if the seed company has claimed compensation under paragraph (b) of
this section. In addition, for claims on 1995-1996 crop season wheat,
the wheat must have been grown under contract and the seed company must
have honored the contract by paying the grower the full contract price,
including the seed premium if a seed premium is specified in the
contract. The compensation rate will equal the seed margin. The seed
margin is $4.50 per bushel for private variety seed and $2.40 per bushel
for public variety seed.
(5) Seed companies that sold wheat seed for propagative purposes.
Seed companies with 1995-1996 crop season certified wheat seed or 1995-
1996 crop season wheat grown with the intent of producing certified
wheat seed, and seed companies with certified wheat seed inventories in
their possession that were unsold as of March 1, 1996, are eligible to
receive compensation as described in this paragraph if the wheat seed
was sold for propagative purposes. In addition, for claims on 1995-1996
crop season wheat, the wheat must have been grown under contract and the
seed company must have honored the contract by paying the grower the
full contract price, including the seed premium if a seed premium is
specified in the contract. The compensation rate will equal the
estimated market price for grain (EMP) plus the seed margin (SM) minus
the higher of either the actual price received by the seed company (AP)
or the salvage value (SV), as described in paragraph (d)(6) of this
[[Page 129]]
section. In each case, the amount of the actual price or the salvage
value of the wheat seed will include the value of any proceeds accrued
through insurance claims, judgments, or from any other source. The
equation for this compensation is: Compensation rate = EMP + SM-higher
of AP or SV. The seed margin is $4.50 per bushel for private variety
seed and $2.40 per bushel for public variety seed. However, compensation
will not exceed $7.00 per bushel for private variety seed and $4.90 per
bushel for public variety seed under any circumstances.
(6) Salvage value. Salvage values will be determined as follows:
(i) If the wheat is positive for Karnal bunt and is sold for use as
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per
bushel for all classes of wheat.
(ii) If the wheat is positive for Karnal bunt and is sold for a use
other than animal feed, salvage value equals whichever is higher of the
following: the average price paid in the region of the regulated areas
where the wheat is sold for the relevant class of wheat (meaning type of
wheat, such as durum or hard red winter) for the period between May 1
and June 30, 1996; or, $3.60 per bushel.
(iii) If the wheat is negative for Karnal bunt and is sold for any
use, salvage value equals whichever is higher of the following: the
average price paid in the region of the regulated areas where the wheat
is sold for the relevant class of wheat (meaning type of wheat, such as
durum or hard red winter) for the period between May 1 and June 30,
1996; or, $3.60 per bushel.
(7) To claim compensation. Compensation payments for claims made
under paragraph (d) of this section will be issued by the Farm Service
Agency (FSA). Claims for compensation must be received by FSA on or
before April 22, 1998. The Administrator may extend this deadline, upon
request in specific cases, when unusual and unforeseen circumstances
occur which prevent or hinder a claimant from requesting compensation on
or before that date. To claim compensation, a grower or seed company
must submit to the local FSA county office all of the following that
apply:
(i) The grower or seed company must submit a Karnal Bunt
Compensation Claim form, provided by FSA;
(ii) The grower or seed company must submit a copy of the receipt
for the final sale of the wheat, showing the intended use for which the
wheat was sold, total bushels sold, and the total price received by the
grower or seed company;
(iii) The grower or seed company must submit verification as to the
actual (not estimated) weight of the wheat for which compensation is
being claimed (such as a copy of a facility weigh ticket, or other
verification);
(iv) The 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);
(v) For claims on 1995-1996 crop season wheat, the grower or seed
company must submit a copy of the contract under which the wheat was
grown. Seed companies claiming compensation on seed inventories that
were in their possession as of March 1, 1996, do not have to submit a
copy of the contract under which the wheat was grown;
(vi) A seed company that is claiming compensation for seed
inventories must certify to FSA that the wheat seed was in the seed
company's possession as of March 1, 1996;
(vii) The grower or seed company must submit a copy of the Karnal
bunt certificate issued by APHIS that shows the Karnal bunt test
results; provided that, if a grower or seed company moved its wheat only
within the regulated area, and therefore, does not have a corresponding
Karnal bunt certificate for the wheat for which compensation is being
claimed, a limited permit stating that the wheat was positive for Karnal
bunt will be accepted in lieu of a Karnal bunt certificate. Any wheat
[[Page 130]]
that was moved only within the regulated area and that was not moved
under a limited permit will be considered negative for Karnal bunt;
(viii) 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) for Karnal bunt has been issued, the grower or seed company must
submit a copy of the EAN.
(e) Other compensation for seed companies. Seed companies are also
eligible to receive compensation under the following circumstance: If a
seed company has 1995-1996 crop season certified wheat seed, or 1995-
1996 crop season wheat grown with the intent of producing certified
wheat seed, that cannot be sold for use as grain or animal feed because
it was previously cleaned, treated, and bagged, the compensation rate
will equal $9.40 per bushel for private variety seed and $7.30 per
bushel for public variety seed. Compensation will only be paid if the
seed company has destroyed the wheat by burying it in a sanitary
landfill or other site that has been approved by APHIS. The compensation
will be issued by the Farm Service Agency (FSA). Claims for compensation
must be received by FSA on or before April 22, 1998. The Administrator
may extend this deadline, upon request in specific cases, when unusual
and unforeseen circumstances occur which prevent or hinder a claimant
from requesting compensation on or before that date. To claim
compensation, a seed company must submit to the local FSA county office
all of the following that apply:
(1) The seed company must submit a Karnal Bunt Compensation Claim
form, provided by FSA;
(2) The seed company must submit verification of how much wheat was
buried, in the form of a receipt from the sanitary landfill or
verification signed by an APHIS inspector;
(3) The 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);
(4) For claims on 1995-1996 crop season wheat that was buried, the
seed company must submit a copy of the contract under which the wheat
was grown. Seed companies claiming compensation on buried seed
inventories that were in their possession as of March 1, 1996, do not
have to submit a copy of the contract under which the wheat was grown;
(5) A seed company that is claiming compensation for seed
inventories that were buried must certify to FSA that the wheat seed was
in the seed company's possession as of March 1, 1996;
(6) 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) for
Karnal bunt has been issued, the seed company must submit a copy of the
EAN.
(f) 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 an Emergency Action Notification (PPQ
Form 523) issued by an inspector, are eligible to be compensated, on a
one time only basis for each facility and each covered crop year wheat,
for up to 50 percent of the 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 to be decontaminated by the Emergency Action
Notification on the facility. The records must include a copy of the
Emergency Action Notification, contracts with individuals or companies
hired to perform the decontamination, receipts for equipment and
[[Page 131]]
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 must be received by APHIS on or before May 31,
1997. The Administrator may extend this deadline, upon request in
specific cases, when unusual and unforeseen circumstances occur which
prevent or hinder a claimant from requesting compensation on or before
May 31, 1997.
(g) Flour millers. Flour millers who, in accordance with a
compliance agreement with APHIS, heat-treat millfeed made from wheat
produced in regulated areas that require such treatment 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 the
limited permit under which the wheat was moved to the mill 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 must be
received by APHIS on or before May 31, 1997. The Administrator may
extend this deadline, upon request in specific cases, when unusual and
unforeseen circumstances occur which prevent or hinder a claimant from
requesting compensation on or before May 31, 1997.
(h) National Karnal Bunt Survey participants. If a grain storage
facility participating in the National Karnal Bunt Survey tests positive
for Karnal bunt spores, the facility will be regulated and may be
ordered decontaminated pursuant to an Emergency Action Notification (PPQ
Form 523) issued by an inspector. If a Declaration of Extraordinary
Emergency has been declared for the State in which the grain storage
facility is located, the owner of the grain storage facility 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 salvage value, as described in paragraph (b)(3)
of this section. 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) for the
period between October 1 and November 30, 1996, with adjustments for
transportation and other handling costs. However, compensation will not
exceed $2.50 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 copy of the Emergency Action Notification under
which the facility is or was quarantined and verification as to the
actual (not estimated) weight of the wheat (such as a copy of the
limited permit under which the wheat was moved to a mill or a copy of
the bill of lading for the wheat, if the actual weight appears on those
documents, or other verification). Claims for compensation must be
received by FSA on or before May 31, 1997. The Administrator may extend
this deadline, upon request in specific cases, when unusual and
unforeseen circumstances occur which prevent or hinder a claimant from
requesting compensation on or before May 31, 1997.
(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 and each covered crop year wheat for the direct
[[Page 132]]
costs of decontamination of the facility at the same rate described
under paragraph (f) 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 (f) of this
section. Claims for compensation must be received by APHIS on or before
May 31, 1997. The Administrator may extend this deadline, upon request
in specific cases, when unusual and unforeseen circumstances occur which
prevent or hinder a claimant from requesting compensation on or before
May 31, 1997.
(i) Wheat straw producers. Producers of wheat straw (either growers
who bale their own wheat straw or individuals contracted by growers to
remove wheat straw from the growers' fields) made from wheat grown in
the regulated areas in the 1995-1996 crop season are eligible to receive
compensation on a one-time-only basis at the rate of $1.00 per 80-pound
bale or $1.25 per hundredweight. Producers are eligible for compensation
regardless of whether or not the straw is sold, but the straw must have
been produced under contract. Compensation payments will be issued by
the Farm Service Agency (FSA). To claim compensation, a wheat straw
producer must submit a Karnal Bunt Compensation Claim form, provided by
FSA, and a copy of the contract under which the wheat straw was produced
to the local FSA county office. Claims for compensation must be received
by FSA on or before April 22, 1998. The Administrator may extend this
deadline, upon request in specific cases, when unusual and unforeseen
circumstances occur which prevent or hinder a claimant from requesting
compensation prior to that date.
[62 FR 24751, May 6, 1997, as amended at 63 FR 1329, Jan. 9, 1998]
Sec. 301.89-15 Compensation for growers, handlers, and seed companies in the 1996-1997 and 1997-1998 crop seasons.
Growers, handlers, and seed companies are eligible to receive
compensation from the United States Department of Agriculture (USDA) for
the 1996-1997 and 1997-1998 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, handlers, and seed companies in areas under
the first regulated crop season are eligible for compensation for 1996-
1997 crop season wheat or 1997-1998 crop season wheat (as appropriate)
and for wheat inventories in their possession that were unsold at the
time the area became regulated. The compensation provided in this
section is for wheat grain, certified wheat seed, 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
[[Page 133]]
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 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. 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 are
eligible for compensation only for 1996-1997 or 1997-1998 crop season
wheat. The compensation provided in this section 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 1996-1997 crop season must be received by FSA on or
before October 8, 1998. Claims for compensation for the 1997-1998 crop
season must be received by FSA on or before October 25, 1999. The
Administrator may extend the deadline, upon request in specific cases,
when unusual and unforeseen circumstances occur which prevent or
[[Page 134]]
hinder a claimant from requesting compensation on or before these dates.
To claim compensation, a grower, handler, or seed company must complete
and submit to the local FSA county office the following documents:
(1) Growers, handlers, and seed 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).
[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999]
Sec. 301.89-16 Compensation for grain storage facilities, flour millers, and National Survey participants for the 1996-1997 and 1997-1998 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 1996-
1997 and 1997-1998 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
[[Page 135]]
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 1996-1997 crop season must be received
by APHIS on or before October 8, 1998. Claims for compensation for the
1997-1998 crop season must be received by APHIS on or before October 25,
1999. The Administrator may extend these deadlines upon written request
in specific cases, when unusual and unforeseen circumstances occur which
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
1996-1997 crop season must be received by APHIS on or before October 8,
1998. Claims for compensation for the 1997-1998 crop season must be
received by APHIS on or before October 25, 1999. The Administrator may
extend these deadlines upon written request in specific cases, when
unusual and unforeseen circumstances occur which 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
[[Page 136]]
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 1996-1997 crop
season must be received by APHIS on or before October 8, 1998. Claims
for compensation for the 1997-1998 crop season must be received by APHIS
on or before October 25, 1999. The Administrator may extend these
deadlines upon written request in specific cases, when unusual and
unforeseen circumstances occur which 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 1996-1997 crop season must be received
by APHIS on or before October 8, 1998. Claims for compensation for the
1997-1998 crop season must be received by APHIS on or before October 25,
1999. The Administrator may extend these deadlines upon written request
in specific cases, when unusual and unforeseen circumstances occur which
prevent or hinder a claimant from requesting compensation on or before
these dates.
[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999]
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\
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\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 10 of the Plant Quarantine
Act (7 U.S.C 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
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(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 article except in accordance with the conditions
prescribed in this subpart.
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:
(a) 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).
(b) Compliance agreement. A written agreement between Plant
Protection and Quarantine and a person engaged
[[Page 137]]
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.
(c) 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.
(d) European larch canker. The plant disease known as European larch
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
(e) 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.
(f) 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.
(g) Interstate. From any State into or through any other State.
(h) 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).
(i) 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.
(j) Person. Any individual, partnership, corporation, company,
society, association, or other organized group.
(k) 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 Quarantine Act, the Federal Plant Pest Act, and related
legislation, and quarantines and regulations promulgated thereunder.
(l) 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).
(m) 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).
(n) 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.
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.
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
[[Page 138]]
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 designaton 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\
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\2\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
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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 Secs. 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;
(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
[[Page 139]]
emergency conditions necessary to prevent the spread of the European
larch canker pursuant to section 105 of the Federal Plant Pest Act (7
U.S.C. 150dd); \3\ and
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\3\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides, among other things, that the Secretary of Agriculture may,
whenever he deems it necessary as an emergency measure in order to
prevent the dissemination of any plant pest new to or not theretofore
known to be widely prevalent or distributed within and throughout the
United States seize, quarantine, treat, apply other remedial measures
to, destroy, or otherwise dispose of, in such manner as he deems
appropriate, any product or article of any character whatsoever, or
means or conveyance, which is moving into or through the United States
or interstate, and which he has reason to believe is infested or
infected by or contains any such plant pest.
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(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 emergency conditions necessary to prevent the spread of the
European larch canker pursuant to section 105 of the Federal Plant Pest
Act (7 U.S.C. 150dd)3; 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.
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
[[Page 140]]
comply with the provisions of this subpart and any conditions imposed
pursuant thereto.
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\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).
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(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.
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\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.
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(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.
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--Oriental Fruit Fly
Source: 58 FR 8521, Feb. 16, 1993, unless otherwise noted.
[[Page 141]]
Sec. 301.93 Restrictions on interstate movement of regulated articles.
No person shall move interstate from any quarantined area any
regulated article except in accordance with this subpart.\1\
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\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 10 of the Plant Quarantine
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------
Sec. 301.93-1 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 United States Department of Agriculture
(APHIS or Service).
Certificate. A document in which an inspector or person operating
under a compliance agreement affirms that a specified regulated article
is free of Oriental fruit fly and may be moved interstate to any
destination.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in growing,
handling, or moving regulated articles, wherein the person agrees to
comply with the provisions of this subpart.
Core area. The 1 square mile area surrounding each property where
Oriental fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of an Oriental fruit fly
life cycle. Day degrees are the product of the following formula, with
all temperatures measured in deg.F:
[(Minimum Daily Temp + Maximum Daily Temp)/2]-54 deg.=Day Degrees
Drip area. The area under the canopy of a plant.
Infestation. The presence of the Oriental fruit fly or the existence
of circumstances that make it reasonable to believe that the Oriental
fruit fly is present.
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 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 a specified
regulated article is eligible for interstate movement in accordance with
Sec. 301.93-5(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 or transported, carried, or allowed to be moved, shipped,
transported, or carried by any means.
Oriental fruit fly. The insect known as Oriental fruit fly
(Bactrocera dorsalis (Hendel)) in any stage of development.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.93-3(c) of this subpart.
Regulated article. Any article listed in Sec. 301.93-2 of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.93-2(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.93-3(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.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
Sec. 301.93-2 Regulated articles.
The following are regulated articles:
(a) The following fruits, nuts, vegetables, and berries:
Akia (Wikstromeia phyllyraefolia)
Alexander laurel (Calophyllum inophyllum)
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Banana (Musa paradisiaca var. sapientum) (Musa x paradisiaca)
Banana, dwarf (Musa nana)
Barbados cherry (Malpighia glabra)
Bell pepper (Capsicum annum)
Brazil cherry (Eugenia dombeyi)
Breadfruit (Artocarpus altilis)
[[Page 142]]
Cactus (Cereus coerulescens)
Caimitillo (Chrysophyllum oliviforme)
Cashew (Anacardium occidentale)
Cherimoya (Anonna Cherimola)
Cherry, Catalina (Prunus ilicifolia)
Cherry, Portuguese (P. lusitanica)
Chile (Capsicum annum)
Coffee, Arabian (Coffea arabica)
Country gooseberry (Averrhoa carambola)
Cucumber (Cucumis sativas)
Custard apple (Annona reticulata)
Date palm (Phoenix dactylifera)
Dragon tree (Dracena draco)
Eggfruit tree (Pouteria campechiana)
Elengi tree (Mimusops elengi)
Fig (Ficus carica)
Gourka (Garcinia celebica)
Granadilla, sweet (Passiflora ligularis)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava), (P. littorale), (P. cattleianum)
Imbu (Spondias tuberosa)
Jackfruit (Artocarpus heterophyllus)
Jerusalem cherry (Solanum pseudocapsicum)
Kitembilla (Dovyalis hebecarpa)
Kumquat (Fortunella japonica)
Laurel (Calophyllum inophyllum)
Lemon (Citrus limon)
Lime, key or Mexican (Citrus aurantifolia)
Lime, Persian (Citrus latifolia)
Lime, sweet (Citrus limetioides)
Longan (Euphoria longan)
Loquat (Eriobotrya japonica)
Lychee nut (Lychee chinensis)
Malay apple (Eugenia malaccensis)
Mammee apple (Mammea americana)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mangosteen (Garcinia mangostana)
Mock orange (Murraya exotica)
Mulberry (Morus nigra)
Myrtle, downy rose (Rhodomyrtus tomentosa)
Natal plum (Crissa grandiflora)
Nectarine (Prunus persica var. nectarina)
Oleander, yellow (Thevetia peruviana)
Orange, calamondin (Citrus reticulata x. fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Oriental bush red pepper (Capsicum frutescens abbbreviatum)
Otaheite apple (Spondias dulcis)
Palm, syrup (Jubaea spectabilis)
Papaya (Carica papaya)
Passionflower (Passiflora edulis)
Passionflower, softleaf (Passiflora mollissima)
Passionfruit (Passiflora edulis) (yellow lilikoi)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepino (Solanum muricatum)
Pepper, sweet (Capsicum frutescens var. grossum)
Persimmon, Japanese (Diospyros kaki)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prickly pear (Opuntia megacantha) (Opuntia ficus indica)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sandalwood (Santalum paniculatum)
Sandalwood, white (Santalum album)
Santol (Sandericum koetjape)
Sapodilla (Manilkara zapota)
Sapodilla, chiku (Manilkara zapota)
Sapota, white (Casimiroa edulis)
Seagrape (Coccoloba uvifera)
Sour orange (Citrus aurantium)
Soursop (Annona muricata)
Star apple (Chryosophyllum cainito)
Surinam cherry (Eugenia uniflora)
Tomato (Lycopersicon esculentum)
Tropical almond (Terminalia catappa) (Terminalia chebula)
Velvet apple (Diospyros discolor)
Walnut (Juglans hindsii)
Walnut, English (Juglans regia)
Wampi (Citrus lansium)
West Indian cherry (Malpighia punicifolia)
Ylang-Ylang (Cananga odorata)
Any fruits, nuts, vegetables, or berries that are canned or dried or
frozen below -17.8 deg.C. (0 deg.F.) are not regulated articles.
(b) Soil within the drip area of plants that are producing or have
produced the fruits, nuts, vegetables, or berries listed in paragraph
(a) of this section.
(c) Any other product, article, or means of conveyance not covered
by paragraph (a) or (b) of this section that an inspector determines
presents a risk of spread of the Oriental fruit fly and notifies the
person in possession of it that the product, article, or means of
conveyance is subject to the restrictions of this subpart.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
Sec. 301.93-3 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
Oriental fruit fly has been found by an inspector, in which the
Administrator has reason to believe that the Oriental fruit fly is
present, or that
[[Page 143]]
the Administrator considers necessary to regulate because of its
proximity to the Oriental fruit fly or its inseparability for quarantine
enforcement purposes from localities in which the Oriental 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 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 the Oriental fruit fly.
(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 for listing
quarantined areas. The Administrator will give 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. 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:
There are no areas in the continental United States quarantined for the
Oriental fruit fly.
[58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62
FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct.
14, 1997; 63 FR 16878, Apr. 7, 1998; 64 FR 31964, June 15, 1999; 64 FR
52214, Sept. 28, 1999; 64 FR 55812, Oct. 15, 1999; 65 FR 26488, May 8,
2000]
Sec. 301.93-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions: \2\
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\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 Secs. 301.93-5 and 301.93-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1) The regulated article originated outside of any quarantined area
and is moved directly through (without stopping except for refueling, or
for traffic conditions, such as traffic lights or stop signs) the
quarantined area in an enclosed vehicle or is completely enclosed by a
covering adequate to prevent access by Oriental fruit flies (such as
canvas, plastic, or 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.
(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 Oriental fruit
fly; 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)
[[Page 144]]
Sec. 301.93-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector \3\ will issue a certificate for the interstate
movement of a regulated article if the inspector determines that:
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\3\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
Information concerning these 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 in accordance with
Sec. 301.93-10 of this subpart; or
(ii) Based on inspection of the premises of origin, or treatment of
the premises of origin in accordance with Sec. 301.93-10(c) of this
subpart, the premises are free from Oriental fruit flies and the
regulated article has not been exposed to Oriental fruit fly; or
(iii) Based on inspection of the regulated article, it is free of
Oriental fruit fly; and
(2) The regulated article is to be moved in compliance with any
additional emergency conditions the Administrator may impose, under
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); \4\ to
prevent the spread of the Oriental fruit fly; and
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\4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd)
provides that the Secretary of Agriculture may--under certain
conditions--seize, quarantine, treat, destroy, or apply other remedial
measures to articles that the Administrator has reason to believe are
infested or infected by or contain plant pests.
---------------------------------------------------------------------------
(3) 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 will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
(1) The regulated article is to be moved interstate to a specified
destination for specified handling, 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
Oriental fruit fly because life stages of the Oriental fruit fly will be
destroyed by the specified handling, utilization, or processing.
(2) The regulated article is to be moved interstate in compliance
with any additional emergency conditions the Administrator may impose,
under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd);\4\ to
prevent the spread of the Oriental fruit fly; 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 use for interstate movement
of regulated articles may be issued by an inspector or person engaged in
growing, handling, or moving regulated articles provided the person is
operating under a compliance agreement. A person operating under a
compliance agreement may execute 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 execute 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 by an inspector orally or in writing, if the inspector
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,
[[Page 145]]
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)
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.93-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, handling, or moving regulated
articles may enter into a compliance agreement to facilitate the
interstate movement of regulated articles under this subpart.\5\
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\5\ 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 Animal and
Plant Health Inspection Service, which are listed in telephone
directories.
---------------------------------------------------------------------------
(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 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 shall be adopted by the Administrator.
[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]
Sec. 301.93-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.93-5(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).
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\6\ See footnote 3 at Sec. 301.93-5(a).
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(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. 301.93-8 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 the interstate
movement, must be attached to the outside of the container containing
the regulated article, attached to the regulated article itself if not
in a container, or attached to the consignee's copy of the accompanying
waybill: 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 only if the regulated article is sufficiently
described on the certificate, limited permit, or 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)
Sec. 301.93-9 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 146]]
Sec. 301.93-10 Treatments.
Treatment schedules listed in the Plant Protection and Quarantine
Treatment manual to destroy the Oriental fruit fly are approved for use
on regulated articles. The Plant Protection and Quarantine Treatment
Manual is incorporated by reference. For the full identification of this
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by
reference''. The following treatments can be used for bell pepper,
citrus and grape, tomato, premises, and soil:
(a) Fruits and vegetables \7\--(1) Bell Pepper--(i) Vapor Heat. Heat
by saturated water vapor at 44.4 deg.C. (112 deg.F.) until approximate
center of bell pepper reaches 44.4 deg.C (112 deg.F.). Maintain at
44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then immediately cool.
---------------------------------------------------------------------------
\7\ Some varieties of fruit may be injured by approved treatments.
The USDA is not liable for damages caused by this quarantine.
Commodities should be tested by the shipper to determine each
commodity's tolerance before commercial shipments are attempted.
---------------------------------------------------------------------------
(2) Citrus and grapes--(i) Fumigation plus refrigeration. Fumigate
at normal atmospheric pressure (chamber or tarpaulin, load not to exceed
80%) with 32 g/m\3\ methyl bromide at 21 deg.C. (70 deg.F.) or above,
minimum gas concentrations 25 g/m\3\ at \1/2\ hour, 18 g/m\3\ at 2 or
2\1/2\ hours, 17 g/m\3\ at 3 hours. Fumigate for a minimum of 2 hours.
Then, aerate fruit at least 2 hours before refrigeration (but begin
refrigeration no more than 24 hours after fumigation is completed).
Refrigerate based upon fumigation exposure time listed in the table
below:
------------------------------------------------------------------------
Refrigeration
Fumigation exposure time ----------------------------------------
Days Temperature
------------------------------------------------------------------------
2 hours........................ 4 0.55-2.7 deg.C. (33-37
deg.F.)
11 3.33-8.3 deg.C. (38-47
deg.F.)
2\1/2\ hours................... 4 1.11-4.44 deg.C. (34-40
deg.F.)
6 5.0-8.33 deg.C. (41-47
deg.F.)
10 8.88-13.33 deg.C. (48-56
deg.F.)
3 hours........................ 3 6.11-8.33 deg.C. (43-47
deg.F.)
6 9.88-13.33 deg.C. (48-56
deg.F.)
------------------------------------------------------------------------
(ii) Refrigeration plus fumigation. Refrigerate for 21 days at 0.55
deg.C. (33 deg.F.) or below, then fumigate at normal atmospheric
pressure (chamber or tarpaulin, load not to exceed 80%) with--
(A) 48 g/m\3\ (3 lb/1000 ft\3\) methyl bromide for 2 hours at 4.5
deg.C. (40-59 deg.F.), minimum gas concentration 44 g/m\3\ at \1/2\
hour, 36 g/m\3\ at 2 hours; or
(B) 40 g/m\3\ (2\1/2\ lb/1000 ft\3\) methyl bromide for 2 hours at
15.5-20.5 deg.C. (60-69 deg.F.), minimum gas concentration 36 g/m\3\
at \1/2\ hour, 28 g/m\3\ at 2 hours; or
(C) 32 g/m\3\ (2 lb/1000 ft\3\) methyl bromide for 2 hours at 21-26
deg.C. (70-79 deg.F.), minimum gas concentration 30 g/m\3\ at \1/2\
hour, 25 g/m\3\ at 2 hours.
(3) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal
atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with
32g/m\3\ (2 lb/1000 ft\3\) for 3\1/2\ hours at 21 deg.C. (70 deg.F.)
or above, minimum gas concentration 26 g/m\3\ at \1/2\ hour, 14 g/m\3\
at 4 hours.
(ii) Vapor heat. Heat by saturated water vapor at 44.4 deg.C. (112
deg.F.) until approximate center of tomato reaches 44.4 deg.C. (112
deg.F.). Maintain at 44.4 deg.C. (112 deg.F.) for 8\3/4\ hours, then
immediately cool.
(b) Premises. A field, grove, or area that is located within the
quarantined area but outside the infested core area, and that produces
regulated articles, must receive regular treatments with malathion bait
spray. 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 completion of egg and larvae development of
the Oriental Fruit Fly. Determination of the time period must be based
on the day degrees model for Oriental 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 ounces of technical grade malathion and 9.6 ounces of
protein hydrolysate per acre.
(c) Soil. Soil within the drip area of plants which are producing or
have produced the fruits, nuts, vegetables, and berries listed in
Sec. 301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds
active ingredient per acre to the soil within the drip area with
sufficient water to wet the soil to at least a depth of \1/2\ inch. Both
immersion and pour-on treatment procedures are also acceptable.
[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]
[[Page 147]]
Subpart--Melon Fruit Fly
Source: 65 FR 8636, Feb. 22, 2000, unless otherwise noted.
Sec. 301.97 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 10 of the Plant Quarantine Act
(7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest Act
(7 U.S.C. 150dd and 150ff).
---------------------------------------------------------------------------
Sec. 301.97-1 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 melon fruit fly 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. 301.97-4(d) of this subpart.
Dripline. The line around the canopy of a plant.
Infestation. The presence of the melon fruit fly or the existence of
circumstances that makes it reasonable to believe that the melon fruit
fly is present.
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 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. 301.97-5(b) of this subpart only to a specified
destination and only in accordance with specified conditions.
Melon fruit fly. The insect known as the melon fruit fly, Bactrocera
cucurbitae (Coquillett), in any stage of development.
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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.97-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.97-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.97-2 or otherwise
designated as a regulated article in accordance with Sec. 301.97-2(e).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.97-2 Regulated articles.
The following are regulated articles:
(a) Melon fruit flies.\2\
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\2\ Permit and other requirements for the interstate movement of
melon fruit flies are contained in part 330 of this chapter.
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(b) The following fruits and vegetables:
[[Page 148]]
Apple (Malus sylvestris)
Apple, custard (Annona reticulata)
Avocado (Persea americana)
Bean, hyacinth (Dolichos lablab)
Bean, lima (Phaseolus lunatus = Phaseolus limensis)
Bean, mung (Phaseolus vulgaris)
Cantaloupe (Cucumis melo and Cucumis melo var. Cantalupensis)
Cauliflower (Brassica oleracea var. botrytis)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cowpea (Vigna unguiculata)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes sp.)
Cucurbit (Cucumis pubescens and Cucumis trigonus)
Date palm (Phoenix dactylifera)
Eggplant (Solanum melongena)
Fig (Ficus carica)
Gourds
(Coccinia spp.)
(Cresentia spp.)
(Lagenaria spp.)
(Luffa spp.)
(Momordica spp.)
(Trichosanthis spp.)
Grape (Vitis trifolia)
Guava (Psidium guajava)
Guava, cattley (Psidium cattlelanum)
Lemon, water (Passiflora laurifolia)
Mango (Mangifera indica)
Melon (Citrullus spp.)
Melon, Chinese (Benincasa hispida)
Melon, oriental pickling (Cucumis melo var. conomon)
Mustard, leaf (Brassica juncea)
Okra (Hibiscus esculentus)
Orange, king (Citrus nobilis)
Orange, mandarin (Citrus reticulata)
Orange, sweet (Citrus sinensis)
Papaya (Carica papaya)
Passion fruit (Passiflora edulis)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum annum)
Pepper, chile (Capsicum annum)
Pepper, tobasco (Capsicum frutescens)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Scarlet wisteria tree (Sesbania grandiflora)
Soursop (Annona muricata)
Squash (Cucurbita maxima)
Tomato (Lycopersicon esculentum)
Tomato, tree (Cyphomandra betaceae)
Watermelon (Citrullus lanatus = Citrullus vulgaris)
Any fruits or vegetables that are canned or dried or frozen below
-17.8 deg.C. (0 deg.F.) are not regulated articles.
(c) Soil within the dripline of plants that are producing or have
produced the fruits or vegetables listed in paragraph (b) of this
section.
(d) Plants of the following species in the family Cucurbitaceae:
Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyos sp.)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
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)
(e) Any other product, article, or means of conveyance not listed in
paragraphs (a) through (d) of this section that an inspector determines
presents a risk of spreading the melon fruit fly, 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. 301.97-3 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 melon
fruit fly has been found by an inspector, in which the Administrator has
reason to believe that the melon 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 melon 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 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 the melon fruit fly.
[[Page 149]]
(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 designation is terminated will be given
notice of the termination as soon as practicable.
(c) The areas described below are designated as quarantined areas:
There are no areas in the continental United States quarantined for the
melon fruit fly.
[65 FR 8636, Feb. 22, 2000, as amended at 65 FR 39780, June 28, 2000]