Animal and Plant Health Inspection Service, USDA § 301.81–3

Home , City of Winchester, Psidium (horse), Quarantine (Red Dwarf)

§ 300.5 7 CFR Ch. III (1–1–21 Edition)

Operational Support, PPQ, APHIS, 4700 Subpart C—Fruit Flies River Road Unit 140, Riverdale, MD 20737–1236; or 301.32 Restrictions on interstate movement of regulated articles. (3) May be viewed on the APHIS Web 301.32–1 Definitions. site at http://www.aphis.usda.gov/ppq/ 301.32–2 Regulated articles. pim/accreditation. 301.32–3 Quarantined areas. 301.32–4 Conditions governing the interstate § 300.5 International Standards for movement of regulated articles from Phytosanitary Measures. quarantined areas. (a) The International Standards for 301.32–5 Issuance and cancellation of certifi- Phytosanitary Measures Publication cates and limited permits. 301.32–6 Compliance agreements and can- No. 4, ‘‘Requirements for the Establish- cellation. ment of Pest Free Areas,’’ which was 301.32–7 Assembly and inspection of regu- published February 1996 by the Inter- lated articles. national Plant Protection Convention 301.32–8 Attachment and disposition of cer- of the United Nations’ Food and Agri- tificates and limited permits. culture Organization has been approved 301.32–9 Costs and charges. for incorporation by reference in 7 CFR 301.32–10 Treatments. chapter III by the Director of the Office Subpart D—Black Stem Rust of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 301.38 Notice of quarantine; restrictions on (b) Availability. Copies of Inter- interstate movement of regulated arti- national Standards for Phytosanitary cles. Measures Publication No. 4: 301.38–1 Definitions. 301.38–2 Regulated articles. (1) Are available for inspection at the 301.38–3 Protected areas. National Archives and Records Admin- 301.38–4 Interstate movement of regulated istration (NARA). For information on articles. the availability of this material at 301.38–5 Assembly and inspection of regu- NARA, call 202–741–6030, or go to: http:// lated articles; issuance and cancellation www.archives.gov/federallregister/ of certificates. codeloflfederallregulations/ 301.38–6 Compliance agreements and can- ibrllocations.html; or cellation. 301.38–7 Attachment and disposition of cer- (2) May be obtained by writing to tificates. Phytosanitary Issues Management, 301.38–8 Costs and charges. Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD Subpart E—Gypsy Moth 20737–1236; or (3) May be viewed on the APHIS Web 301.45 Notice of quarantine; restriction on interstate movement of specified regu- site at http://www.aphis.usda.gov/ppq/ lated articles. pim/standards/. 301.45–1 Definitions. [68 FR 37915, June 25, 2003] 301.45–2 Authorization to designate and terminate designation of generally infested areas. PART 301—DOMESTIC 301.45–3 Generally infested areas. QUARANTINE NOTICES 301.45–4 Conditions governing the interstate movement of regulated articles and out- Subpart A—Preemption and Special Need door household articles from generally Requests infested areas. 301.45–5 Issuance and cancellation of certifi- Sec. cates, limited permits, and outdoor 301.1 Purpose and scope. household article documents. 301.1–1 Definitions. 301.45–6 Compliance agreement and can- 301.1–2 Criteria for special need requests. cellation thereof. 301.1–3 Action on special need requests. 301.45–7 Assembly and inspection of regulated articles and outdoor household ar- Subpart B—Imported Plants and Plant Parts ticles. 301.45–8 Attachment and disposition of cer- 301.10 Definitions. tificates, limited permits, and outdoor 301.11 Notice of quarantine; prohibition on household article documents. the interstate movement of certain im- 301.45–9 Inspection and disposal of regulated ported plants and plant parts. articles and pests.

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301.45–10 Movement of live gypsy moths. 301.52–6 Assembly and inspection of regu- 301.45–11 Costs and charges. lated articles. 301.45–12 Disqualification of qualified cer- 301.52–7 Attachment and disposition of certified applicator to issue certificates. tificates or permits. 301.52–8 Inspection and disposal of regulated Subpart F—Japanese Beetle articles and pests. 301.52–9 Movement of live pink bollworms. QUARANTINE AND REGULATIONS 301.52–10 Nonliability of the Department. 301.48 Notice of quarantine; quarantine restrictions on interstate movement of reg- Subpart J—Emerald Ash Borer ulated articles. 301.53–1 Definitions. 301.48–1 Definitions. 301.53–2 Regulated articles. 301.48–2 Authorization to designate, and ter- 301.53–3 Quarantined areas. minate designation of, regulated air- 301.53–4 Conditions governing the interstate ports. movement of regulated articles from 301.48–3 Notification of designation, and ter- quarantined areas. mination of designation, of regulated air- 301.53–5 Issuance and cancellation of certifi- ports. cates and limited permits. 301.48–4 Conditions governing the interstate 301.53–6 Compliance agreements and can- movement of regulated articles from cellation. quarantined States. 301.53–7 Assembly and inspection of regu- 301.48–5 Inspection and disposal of regulated lated articles. articles and pests. 301.53–8 Attachment and disposition of cer- 301.48–6 Movement of live Japanese beetles. tificates and limited permits. 301.48–7 Nonliability of the Department. 301.53–9 Costs and charges. 301.48–8 Compliance agreements and cancellation. Subpart K—South American Cactus Moth Subpart G—Pine Shoot Beetle [Reserved] 301.55 Restrictions on interstate movement of regulated articles. Subpart H—Asian Longhorned Beetle 301.55–1 Definitions. 301.55–2 Regulated articles. 301.51–1 Definitions. 301.55–3 Quarantined areas. 301.51–2 Regulated articles. 301.55–4 Conditions governing the interstate 301.51–3 Quarantined areas. movement of regulated articles from 301.51–4 Conditions governing the interstate quarantined areas. movement of regulated articles from 301.55–5 Issuance and cancellation of certifi- quarantined areas. cates and limited permits. 301.51–5 Issuance and cancellation of certifi- 301.55–6 Compliance agreements and can- cates and limited permits. cellation. 301.51–6 Compliance agreements and can- 301.55–7 Assembly and inspection of regu- cellation. lated articles. 301.51–7 Assembly and inspection of regu- 301.55–8 Attachment and disposition of cer- lated articles. tificates and limited permits. 301.51–8 Attachment and disposition of cer- 301.55–9 Costs and charges. tificates and limited permits. 301.51–9 Costs and charges. Subpart L—Plum Pox Subpart I—Pink Bollworm 301.74 Restrictions on interstate movement of regulated articles. QUARANTINE AND REGULATIONS 301.74–1 Definitions. 301.52 Quarantine; restriction on interstate 301.74–2 Regulated articles. movement of specified regulated articles. 301.74–3 Quarantined areas. 301.52–1 Definitions. 301.74–4 Conditions governing the interstate 301.52–2 Authorization for Deputy Adminis- movement of regulated articles from trator to list regulated areas and sup- quarantined areas. pressive or generally infested areas. 301.74–5 Compensation. 301.52–2a Regulated areas; suppressive and generally infested areas. Subpart M—Citrus Canker 301.52–3 Conditions governing the interstate NOTICE OF QUARANTINE AND REGULATIONS movement of regulated articles from quarantined States. 301.75–1 Definitions. 301.52–4 Issuance and cancellation of certifi- 301.75–2 General prohibitions. cates and permits. 301.75–3 Regulated articles. 301.52–5 Compliance agreements; and can- 301.75–4 Quarantined areas. cellation thereof. 301.75–5 Commercial citrus-producing areas.

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301.75–6 Interstate movement of regulated 301.80–2a Regulated areas; generally in- nursery stock from a quarantined area. fested and suppressive areas. 301.75–7 Interstate movement of regulated 301.80–2b Exempted articles. fruit from a quarantined area. 301.80–3 Conditions governing the interstate 301.75–8 Interstate movement of regulated movement of regulated articles from seed from a quarantined area. quarantined States. 301.75–9 Interstate movement of regulated 301.80–4 Issuance and cancellation of certifi- articles from a quarantined area for ex- cates and permits. perimental or scientific purposes. 301.80–5 Compliance agreements; and can- 301.75–10 Interstate movement of regulated cellation thereof. articles through a quarantined area. 301.80–6 Assembly and inspection of regu- 301.75–11 [Reserved] lated articles. 301.75–12 Certificates and limited permits. 301.80–7 Attachment and disposition of cer- 301.75–13 Compliance agreements. tificates or permits. 301.75–14 Costs and charges. 301.80–8 Inspection and disposal of regulated 301.75–15 Funds for the replacement of com- articles and pests. mercial citrus trees. 301.80–9 Movement of witchweed. 301.75–16 Payments for the recovery of lost 301.80–10 Nonliability of the Department. production income. 301.75–17 Funds for the replacement of cer- Subpart P—Imported Fire Ant tified citrus nursery stock. QUARANTINE AND REGULATIONS Subpart N—Citrus Greening and Asian 301.81 Restrictions on interstate movement Citrus Psyllid of regulated articles. 301.81–1 Definitions. 301.76 Restrictions on the interstate move- 301.81–2 Regulated articles. ment of regulated articles. 301.81–3 Quarantined areas. 301.76–1 Definitions. 301.81–4 Interstate movement of regulated 301.76–2 Regulated articles for Asian citrus articles from quarantined areas. psyllid and citrus greening. 301.81–5 Issuance of a certificate or limited 301.76–3 Quarantined areas; citrus greening permit. and Asian citrus psyllid. 301.81–6 Compliance agreements. 301.76–4 Labeling requirements for regu- 301.81–7 Cancellation of a certificate, lim- lated nursery stock produced within an ited permit, or compliance agreement. area quarantined for citrus greening. 301.81–8 Assembly and inspection of regu- 301.76–5 General conditions governing the lated articles. issuance of any certificate or limited 301.81–9 Attachment and disposition of cer- permit; provisions for cancellation of a tificates and limited permits. certificate or limited permit. 301.81–10 Costs and charges. 301.76–6 Additional conditions for issuance 301.81–11 Imported fire ant detection, con- of certificates and limited permits for trol, exclusion, and enforcement program regulated articles moved interstate from for nurseries producing containerized areas quarantined for Asian citrus plants. psyllid, but not for citrus greening. 301.76–7 Additional conditions for issuance Subpart Q—Unshu Oranges [Reserved] of certificates and limited permits for regulated articles moved interstate from Subpart R—Golden Nematode areas quarantined for citrus greening. 301.76–8 Compliance agreements and can- QUARANTINE AND REGULATIONS cellation. 301.85 Quarantine; restriction on interstate 301.76–9 Inspection of regulated nursery movement of specified regulated articles. stock. 301.85–1 Definitions. 301.76–10 Attachment and disposition of cer- 301.85–2 Authorization to designate, and ter- tificates and limited permits. minate designation of, regulated areas 301.76–11 Costs and charges. and suppressive or generally infested areas; and to exempt articles from cer- Subpart O—Witchweed tification, permit, or other requirements. 301.85–2a Regulated areas; suppressive and QUARANTINE AND REGULATIONS generally infested areas. 301.80 Quarantine; restriction on interstate 301.85–2b Exempted articles. movement of specified regulated articles. 301.85–3 Conditions governing the interstate 301.80–1 Definitions. movement of regulated articles from 301.80–2 Authorization to designate, and ter- quarantined States. minate designation of, regulated areas 301.85–4 Issuance and cancellation of certifi- and suppressive or generally infested cates and permits. areas; and to exempt articles from cer- 301.85–5 Compliance agreement and can- tification, permit, or other requirements. cellation thereof.

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301.85–6 Assembly and inspection of regu- 301.89–10 Attachment and disposition of cer- lated articles. tificates and limited permits. 301.85–7 Attachment and disposition of cer- 301.89–11 Costs and charges. tificates and permits. 301.89–12 Cleaning, disinfection, and dis- 301.85–8 Inspection and disposal of regulated posal. articles and pests. 301.89–13–14 [Reserved] 301.85–9 Movement of live golden nema- 301.89–15 Compensation for growers, han- todes. dlers, and seed companies in the 1999–2000 301.85–10 Nonliability of the Department. and subsequent crop seasons. 301.89–16 Compensation for grain storage fa- Subpart S—Pale Cyst Nematode cilities, flour millers, National Survey participants, and certain custom har- 301.86 Restrictions on interstate movement vesters and equipment owners or lessees of regulated articles. for the 1999–2000 and subsequent crop sea- 301.86–1 Definitions. sons. 301.86–2 Regulated articles. 301.86–3 Quarantined areas. Subpart V—Corn Cyst Nematode 301.86–4 Conditions governing the interstate [Reserved] movement of regulated articles from quarantined areas. Subpart W—European Larch Canker 301.86–5 Issuance and cancellation of certificates and limited permits. QUARANTINE AND REGULATIONS 301.86–6 Compliance agreements and can- 301.91 Quarantine and regulations; restric- cellation. tions on interstate movement of regu- 301.86–7 Assembly and inspection of regulated articles. lated articles. 301.91–1 Definitions. 301.86–8 Attachment and disposition of cer- 301.91–2 Regulated articles. tificates and limited permits. 301.91–3 Regulated areas. 301.86–9 Costs and charges. 301.91–4 Conditions governing the interstate Subpart T—Sugarcane Diseases movement of regulated articles from regulated areas in quarantined States. QUARANTINE AND REGULATIONS 301.91–5 Issuance and cancellation of certificates and limited permits. 301.87 Quarantine; restrictions on interstate 301.91–6 Compliance agreement and can- movement of specified articles. cellation thereof. 301.87–1 Definitions. 301.91–7 Assembly and inspection of regu- 301.87–2 Regulated articles. lated articles. 301.87–3 Regulated areas. 301.91–8 Attachment and disposition of cer- 301.87–4 Conditions governing the interstate tificates and limited permits. movement of regulated articles from reg- 301.91–9 Costs and charge. ulated areas in quarantined States. 301.87–5 Issuance and cancellation of certifi- Subpart X—Phytophthora Ramorum cates and limited permits. 301.87–6 Compliance agreement; cancella- 301.92 Restrictions on interstate movement. tion. 301.92–1 Definitions. 301.87–7 Assembly and inspection of regu- 301.92–2 Restricted, regulated, and associ- lated articles. ated articles; lists of proven hosts and 301.87–8 Attachment and disposition of cer- associated plant taxa. tificates and limited permits. 301.92–3 Quarantined areas and regulated es- 301.87–9 Costs and charges. tablishments. 301.87–10 [Reserved] 301.92–4 Conditions governing the interstate movement of regulated, restricted, and Subpart U—Karnal Bunt associated articles, and non-host nursery stock from quarantined and regulated es- 301.89–1 Definitions. tablishments. 301.89–2 Regulated articles. 301.92–5 Issuance and cancellation of certifi- 301.89–3 Regulated areas. cates. 301.89–4 Planting. 301.92–6 Compliance agreements and can- 301.89–5 Movement of regulated articles cellation. from regulated areas. 301.92–7 Availability of inspectors; assembly 301.89–6 Issuance of a certificate or limited for inspection. permit. 301.92–8 Attachment and disposition of cer- 301.89–7 Compliance agreements. tificates and recordkeeping. 301.89–8 Cancellation of a certificate, lim- 301.92–9 Costs and charges. ited permit, or compliance agreement. 301.92–10 [Reserved] 301.89–9 Assembly and inspection of regu- 301.92–11 Inspection and sampling protocols. lated articles. 301.92–12 Testing protocols.

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AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; Service (APHIS), or any person author- 7 CFR 2.22, 2.80, and 371.3. ized to act for the Administrator. Section 301.75–15 issued under Sec. 204, Animal and Plant Health Inspection Title II, Public Law 106–113, 113 Stat. 1501A– Service (APHIS). The Animal and Plant 293; sections 301.75–15 and 301.75–16 issued under Sec. 203, Title II, Public Law 106–224, Health Inspection Service of the United 114 Stat. 400 (7 U.S.C. 1421 note). States Department of Agriculture. Biological control organism. Any enemy, antagonist, or competitor used Subpart A—Preemption and to control a plant pest or noxious weed. Special Need Requests Interstate commerce. Trade, traffic, or other commerce SOURCE: 73 FR 63064, Oct. 23, 2008, unless (1) From one State into or through otherwise noted. Redesignated at 84 FR 2427, any other State or Feb. 7, 2019 (2) Within the District of Columbia, Guam, the Virgin Islands of the United § 301.1 Purpose and scope. States, or any other territory or pos- (a) Under section 436 of the Plant session of the United States. Protection Act (7 U.S.C. 7756), a State Move (moved, movement). Shipped, of- or political subdivision of a State may fered to a common carrier for ship- not impose prohibitions or restrictions ment, received for transportation or upon the movement in interstate com- transported by a common carrier, or merce of articles, means of convey- carried, transported, moved or allowed ance, plants, plant products, biological to be moved. control organisms, plant pests, or nox- Noxious weed. Any plant or plant ious weeds if the Secretary has issued a product that can directly or indirectly regulation or order to prevent the dis- injure or cause damage to crops (in- semination of the biological control or- cluding nursery stock or plant prod- ganism, plant pest, or noxious weed ucts), livestock, poultry, or other in- within the United States. The only ex- terests of agriculture, irrigation, navi- ceptions to this are: gation, the natural resources of the (1) If the prohibitions or restrictions United States, the public health or the issued by the State or political subdivi- environment. sion of a State are consistent with and Plant pest. Any living stage of any in- do not exceed the regulations or orders sects, mites, nematodes, slugs, snails, issued by the Secretary, or protozoa, or other invertebrate ani- (2) If the State or political subdivi- mals, bacteria, fungi, other parasitic sion of a State demonstrates to the plants or reproductive parts thereof, Secretary and the Secretary finds that viruses, or any organisms similar to or there is a special need for additional allied with any of the foregoing, or any prohibitions or restrictions based on infectious substances which can di- sound scientific data or a thorough rectly or indirectly injure or cause dis- risk assessment. ease or damage in any plants or parts (b) The regulations in this subpart thereof or any processed, manufac- provide for the submission and consid- tured, or other products of plants. eration of special need requests when a State. The District of Columbia, Puer- State or a political subdivision of a to Rico, the Northern Mariana Islands, State seeks to impose prohibitions or or any State, territory, or possession of restrictions on the movement in inter- the United States. state commerce of articles, means of conveyance, plants, plant products, bi- § 301.1–2 Criteria for special need re- ological control organisms, plant pests, quests. or noxious weeds that are in addition (a) A special need request, as de- to the prohibitions or restrictions im- scribed in § 301.1, may be generated by posed by this part or by a Federal a State or a political subdivision of a Order. State. If the request is generated by a political subdivision of a State, the re- § 301.1–1 Definitions. quest must be submitted to APHIS Administrator. The Administrator, through the State. States may also col- Animal and Plant Health Inspection laborate with other States to submit

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multi-State special need requests. essary and adequate, and that there is However, if submitted, the multi-State no less drastic action that is feasible special need request must include in- and that would be adequate, to prevent formation in sufficient detail to allow the introduction or spread of the bio- APHIS to analyze the impacts on each logical control organism, noxious weed, State on an individual basis. All spe- or plant pest in the State or political cial need requests must be signed by subdivision. the executive official or officials or by (b) All special need requests must be a plant protection official or officials submitted to the Deputy Adminis- of the State(s) making the request and trator for Plant Protection and Quar- must contain the following: antine, APHIS, USDA, Jamie L. Whit- (1) Data drawn from a scientifically ten Federal Building, 14th Street and sound detection survey, showing that Independence Avenue, SW., Room 301– the biological control organism, nox- E, Washington, DC 20250. ious weed, or plant pest of concern does not exist in the State or political sub- § 301.1–3 Action on special need re- division or, if already present in the quests. State or political subdivision, the dis- (a) Upon receipt of a complete special tribution of the biological control or- need request submitted in accordance ganism, noxious weed, or plant pest of with § 301.1–2, APHIS will publish a no- concern; tice in the FEDERAL REGISTER to in- (2) If the biological control organism, form the public of the special need re- noxious weed, or plant pest is not quest and to make the request and its present in the State or political sub- supporting information available for division, a risk analysis or other sci- review and comment for at least 60 entific data showing that the biological days. control organism, noxious weed, or plant pest could enter the State or po- (b) Following the close of the com- litical subdivision and become estab- ment period, APHIS will publish an- lished; other notice announcing the Adminis- (3) Specific information showing trator’s decision to either grant or that, if introduced into or allowed to deny the special need request. The Ad- spread within the State or political ministrator’s determination will be subdivision, the biological control or- based upon the evaluation of the infor- ganism, noxious weed, or plant pest mation submitted by the State or po- would harm or injure the environment litical subdivision of a State in support or agricultural resources in the State of its request and would take into ac- or political subdivision. The request count any comments received. should contain detailed information, (1) If the Administrator grants the including quantitative estimates, if special need request, the State or polit- available, about what harm or injury ical subdivision of a State will be au- would result from the introduction or thorized to impose only the specific dissemination of the biological control prohibitions or restrictions identified organism, noxious weed, or plant pest in the request and approved by APHIS. in the State or political subdivision; APHIS will coordinate with the State, (4) Specific information showing that or with the State on behalf of the polit- the State or political subdivision has ical subdivision of the State, to ensure characteristics that make it particu- that the additional prohibitions or re- larly vulnerable to the biological con- strictions are in accord with the spe- trol organism, noxious weed, or plant cial need exception granted by the Ad- pest, such as unique plants, diversity of ministrator. flora, historical concerns, or any other (2) If the Administrator denies the special basis for the request for addi- special need request, the State or polit- tional restrictions or prohibitions; and ical subdivision of a State will be noti- (5) Information detailing the pro- fied in writing of the reason for the de- posed additional prohibitions or re- nial and may submit any additional in- strictions and scientific data dem- formation the State or political sub- onstrating that the proposed additional division of a State may have in order prohibitions or restrictions are nec- to request a reconsideration.

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(c) If granted, a special need excep- Subpart B—Imported Plants and tion will be applicable for 2 years, at Plant Parts the end of which the State or political subdivision of a State must submit a request for renewal of the exception. A SOURCE: 62 FR 61212, Nov. 17, 1997, unless special need renewal request must ad- otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. dress the same criteria as the initial request submitted under § 301.1–2 and § 301.10 Definitions. must show that a special need still exists that warrants the continuation of Move (moved, movement). Shipped, of- the special need exception. The re- fered to a common carrier for ship- newal must be submitted no sooner ment, received for transportation or than 6 months and no later than 3 transported by a common carrier, or months prior to the end of the 2-year carried, transported, moved, or allowed applicability period for the initial ex- to be moved. ception. Once a special need renewal State. Any State, territory, district, request has been received, APHIS will or possession of the United States. follow the same notice and comment process outlined in paragraphs (a) and § 301.11 Notice of quarantine; prohibi- (b) of this section. If, by the end of the tion on the interstate movement of 2-year applicability period, the State certain imported plants and plant or political subdivision of a State does parts. not submit a special need renewal re- (a) In accordance with part 319 of this quest, the State’s or political subdivi- chapter, some plants and plant parts sion’s special need exception will lapse may only be imported into the United and the State or political subdivision States subject to certain destination of a State will have to reapply for the restrictions. That is, under part 319, special need exception. some plants and plant parts may be im- (d) If the Administrator determines ported into some States or areas of the that there is a need for the withdrawal United States but are prohibited from of a special need exception before the being imported into, entered into, or renewal date of the special need excep- distributed within other States or tion, the reasons for the withdrawal areas, as an additional safeguard would be communicated to the State or against the introduction and establish- to the political subdivision of the State ment of foreign plant pests and dis- and APHIS will publish a notice in the eases. FEDERAL REGISTER to inform the public (b) Under this quarantine notice, of the withdrawal of the special need whenever any imported plant or plant exception and to make the information part is subject to destination restric- supporting the withdrawal available for review and comment for at least 60 tions under part 319: days. Reasons for withdrawal of ap- (1) The State(s) or area(s) into which proval of a special need exception may the plant or plant part is allowed to be include, but are not limited to, the imported is quarantined with respect availability of new scientific data or to that plant or plant part; and changes in APHIS regulations. Fol- (2) No person shall move any plant or lowing the close of the comment pe- plant part from any such quarantined riod, APHIS will publish another no- State or area into or through any State tice announcing the Administrator’s or area not quarantined with respect to decision to either withdraw or uphold that plant or plant part. the special need exception. The Admin- istrator’s determination will be based Subpart C—Fruit Flies upon the evaluation of the information submitted in support of the withdrawal and would take into account any com- SOURCE: 73 FR 32432, June 9, 2008, unless ments received. otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. (Approved by the Office of Management and Budget under control number 0579–0291)

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§ 301.32 Restrictions on interstate moving regulated articles, wherein the movement of regulated articles. person agrees to comply with this sub- (a) No person may move interstate part. from any quarantined area any regu- Core area. The area within a circle lated article except in accordance with surrounding each site where fruit flies this subpart. 1 have been detected using a 1⁄2-mile ra- (b) Section 414 of the Plant Protec- dius with the detection site as a center tion Act (7 U.S.C. 7714) provides that point. the Secretary of Agriculture may, Day degrees. A unit of measurement under certain conditions, hold, seize, used to measure the amount of heat re- quarantine, treat, apply other remedial quired to further the development of measures to, destroy, or otherwise dis- fruit flies through their life cycle. Day- pose of any plant, plant pest, plant degree life cycle requirements are cal- product, article, or means of convey- culated through a modeling process ance that is moving, or has moved into specific for each species of fruit fly. or through the United States or inter- Departmental permit. A document state if the Secretary has reason to be- issued by the Administrator in which lieve the article is a plant pest or is in- he or she affirms that interstate move- fested with a plant pest at the time of ment of the regulated article identified movement. on the document is for scientific or experimental purposes and that the regu- § 301.32–1 Definitions. lated article is eligible for interstate Administrator. The Administrator, movement in accordance with § 301.32– Animal and Plant Health Inspection 4(c). Service, or any person authorized to Dripline. The line around the canopy act for the Administrator. of a plant. Animal and Plant Health Inspection Fruit fly (fruit flies). The melon fruit Service. The Animal and Plant Health fly, Mexican fruit fly, Mediterranean Inspection Service (APHIS) of the fruit fly, Oriental fruit fly, peach fruit United States Department of Agri- fly, sapote fruit fly, or West Indian culture. fruit fly, or other species of insects Certificate. A document in which an found in the family Tephritidae, collec- inspector or person operating under a tively. compliance agreement affirms that a Infestation. The presence of fruit flies specified regulated article is free of or the existence of circumstances that fruit flies and may be moved interstate makes it reasonable to believe that to any destination. fruit flies are present. Commercially produced. Fruits and Inspector. Any employee of APHIS or vegetables that an inspector identifies other person authorized by the Admin- as having been produced for sale and istrator to enforce this subpart. distribution in mass markets. Such Interstate. From any State into or identification will be based on a vari- through any other State. ety of indicators, including, but not Limited permit. A document in which limited to: Quantity of produce, an inspector or person operating under monocultural practices, pest manage- a compliance agreement affirms that ment programs, good sanitation prac- the regulated article identified on the tices including destruction of culls, document is eligible for interstate type of packaging, identification of movement in accordance with § 301.32– grower or packinghouse on the pack- 5(b) only to a specified destination and aging, and documents consigning the only in accordance with specified con- shipment to a wholesaler or retailer. ditions. Compliance agreement. A written Mediterranean fruit fly. The insect agreement between APHIS and a per- known as Mediterranean fruit fly, son engaged in growing, handling, or Ceratitis capitata (Wiedemann), in any stage of development. 1 Permit and other requirements for the Melon fruit fly. The insect known as interstate movement of any of the fruit flies the melon fruit fly, Bactrocera regulated under this subpart are contained cucurbitae (Coquillett), in any stage of in part 330 of this chapter. development.

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Mexican fruit fly. The insect known as Regulated article. Any article listed in Mexican fruit fly, Anastrepha ludens § 301.32–2 or otherwise designated as a (Loew), in any stage of development. regulated article in accordance with Move (moved, movement). Shipped, of- § 301.32–2(d). fered to a common carrier for ship- Sapote fruit fly. The insect known as ment, received for transportation or the sapote fruit fly, Anastrepha transported by a common carrier, or serpentina, in any stage of develop- carried, transported, moved, or allowed ment. to be moved. State. Any of the several States of the Oriental fruit fly. The insect known as United States, the Commonwealth of Oriental fruit fly, Bactrocera dorsalis the Northern Mariana Islands, the (Hendel), in any stage of development. Commonwealth of Puerto Rico, the Peach fruit fly. The insect known as District of Columbia, Guam, the Virgin peach fruit fly, Anastrepha zonata Islands of the United States, or any (Saunders), in any stage of develop- other territory or possession of the ment. United States. Person. Any individual, partnership, The insect corporation, association, joint venture, West Indian fruit fly. or other legal entity. known as the West Indian fruit fly, Plant Protection and Quarantine. The Anastrepha obliqua (Macquart), in any organizational unit within the Animal stage of development. and Plant Health Inspection Service § 301.32–2 Regulated articles. that has been delegated responsibility for enforcing provisions of the Plant (a) In the following table, the berry, Protection Act and related legislation, fruit, nut, or vegetable listed in each quarantines, and regulations. row in the left column is a regulated Quarantined area. Any State, or any article for each of the fruit fly species portion of a State, designated as a listed in that row in the right column, quarantined area in accordance with unless the article is canned, dried, or § 301.32–3. frozen below ¥17.8 °C (0 °F):

Botanical name Common name(s) Fruit fly

Abelmoschus esculentus = Hibiscus Okra ...... Melon, Peach. esculentus. Acca sellowiana = Feijoa sellowiana ...... Pineapple guava ...... Mediterranean, Oriental, Peach. Actinidia chinensis ...... Kiwi ...... Mediterranean. Aegle marmelos ...... Indian bael ...... Peach. Anacardium occidentale ...... Cashew ...... Oriental. Annona cherimola ...... Cherimoya ...... Mexican, Oriental, Peach. Annona glabra ...... Pond-apple ...... Sapote. Annona muricata ...... Soursop ...... Melon, Oriental, Peach. Annona reticulata ...... Custard apple, Annona ...... Melon, Mexican, Oriental, Peach. Annona squamosa ...... Custard apple ...... Peach. Artocarpus altilis ...... Breadfruit ...... Oriental. Artocarpus heterophyllus ...... Jackfruit ...... Oriental. Averrhoa carambola ...... Carambola, Country gooseberry ...... Oriental, West Indian. Benincasa hispida ...... Melon, Chinese ...... Melon. Brassica juncea ...... Mustard, leaf ...... Melon. Brassica oleracea var. botrytis ...... Cauliflower ...... Melon. Brosimum alicastrum ...... Ramo´n ...... West Indian. Byrsonima crassifolia ...... Nance ...... Sapote. Calophyllum inophyllum ...... Alexandrian-laurel, Laurel ...... Oriental. Cananga odorata ...... Ylang-Ylang ...... Oriental. Capsicum annum ...... Pepper, chili ...... Mediterranean, Melon, Oriental. Capsicum frutescens ...... Pepper, tabasco ...... Mediterranean, Melon. Capsicum frutescens abbreviatum ...... Oriental bush red pepper ...... Oriental. Capsicum frutescens var. grossum ...... Pepper, sweet ...... Oriental. Carica papaya ...... Papaya ...... Mediterranean, Melon, Oriental, Peach. Carissa grandiflora ...... Natal plum ...... Oriental. Carissa macrocarpa ...... Natal plum ...... Mediterranean. Casimiroa edulis ...... Sapote, white ...... Mediterranean. Casimiroa greggii = Sargentia greggii ...... Sargentia, yellow chapote ...... Mexican. Casimiroa spp ...... Sapote ...... Mexican. Cereus coerulescens ...... Cactus ...... Oriental. Chrysophyllum cainito ...... Star apple ...... Oriental, Sapote. Chrysophyllum oliviforme ...... Caimitillo ...... Oriental. Citrofortunella japonica ...... Orange, calamondin ...... Peach.

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Botanical name Common name(s) Fruit fly

Citrullus colocynthis ...... Colocynth ...... Melon. Citrullus lanatus = Citrullus vulgaris ...... Watermelon ...... Melon, Peach. Citrullus spp ...... Melon ...... Melon. Citrus aurantiifolia ...... Lime ...... Mediterranean, Mexican, 1 Oriental, Peach. Citrus aurantium ...... Orange, sour...... Mediterranean, Mexican, Oriental, Peach. Citrus jambhiri ...... Lemon, Rough ...... Mediterranean. Citrus latifolia ...... Lime, Persian ...... Oriental. Citrus limon ...... Lemon ...... Mediterranean, 2 Mexican, 3 Oriental, Peach. Citrus limon × reticulata ...... Lemon, Meyer ...... Mediterranean. Citrus madurensis = xCitrofortunella mitis Orange, Panama ...... Sapote. Citrus maxima = Citrus grandis ...... Pummelo or Shaddock ...... Mediterranean, Mexican, Oriental, Peach. Citrus medica ...... Citrus citron ...... Mediterranean, Mexican, Peach. Citrus paradisi ...... Grapefruit ...... Mediterranean, Melon, Mexican, Ori- ental, Peach. Citrus reticulata ...... Mandarin orange, tangerine ...... Mediterranean, Mexican, Oriental, Peach. Citrus reticulata var. Unshu ...... Orange, Unshu ...... Mediterranean, Oriental. Citrus reticulata × C. sinensis = Citrus Orange, king ...... Mediterranean, Melon, Oriental, Peach. nobilis. Citrus reticulata × Fortunella ...... Orange, calamondin ...... Mediterranean, Mexican, Oriental. Citrus sinensis ...... Orange, sweet...... Mediterranean, Melon, Mexican, Ori- ental, Peach. Citrus spp ...... Citrus ...... Sapote. Clausena lansium ...... Wampi ...... Oriental. Coccinia spp ...... Gourds ...... Melon, Peach. Coccoloba uvifera ...... Seagrape ...... Oriental. Coffea arabica ...... Coffee, Arabian ...... Oriental. Cresentia spp ...... Gourds ...... Melon, Peach. Cucumis melo and Cucumis melo var. Cantaloupe ...... Melon, Peach. Cantalupensis. Cucumis melo var. conomon ...... Melon, oriental pickling ...... Melon. Cucumis pubescens and Cucumis Cucurbit ...... Melon. trigonus. Cucumis sativus ...... Cucumber ...... Melon, Oriental, Peach. Cucumis utilissimus ...... Melon, long ...... Peach. Cucurbita maxima ...... Squash ...... Melon. Cucurbita moschata ...... Pumpkin, Canada ...... Melon. Cucurbita pepo ...... Pumpkin ...... Melon. Cydonia oblonga ...... Quince ...... Mexican, Mediterranean, Oriental, Peach, Sapote. Cyphomandra betaceae ...... Tomato, tree ...... Melon. Diospyros digyna ...... Black sapote ...... Sapote. Diospyros discolor ...... Velvet apple ...... Oriental. Diospyros khaki ...... Japanese persimmon ...... Mediterranean, Oriental. Diospyros spp ...... Sapote ...... Sapote, West Indian. Dovyalis hebecarpa ...... Kitembilla ...... Oriental, Sapote, West Indian. Dracena draco ...... Dragon tree ...... Oriental. Elaeocarpus angustifolius ...... Blue marbletree; New Guinea quandong Peach. Elaeocarpus grandiflorus ...... Lily of the valley tree ...... Peach. Elaeocarpus madopetalus ...... Ma-kok-nam ...... Peach. Eriobotrya japonica ...... Loquat ...... Mediterranean, Oriental, Peach, West In- dian. Eugenia brasiliensis = E. dombeyi ...... Brazil-cherry, grumichama ...... Mediterranean, Oriental, Peach. Eugenia malaccensis ...... Malay apple ...... Oriental. Eugenia uniflora ...... Surinam cherry ...... Mediterranean, Oriental, Peach. Euphoria longan ...... Longan ...... Oriental. Ficus benghalensis ...... Fig, Banyan ...... Peach. Ficus carica ...... Fig ...... Mediterranean, Melon, Oriental, Peach. Ficus macrophylla ...... Fig, Moreton Bay ...... Peach. Ficus retusa ...... Fig, glossy leaf ...... Peach. Ficus rubiginosa ...... Fig, Port Jackson ...... Peach. Ficus spp ...... Fig ...... Peach. Fortunella japonica ...... Chinese Orange, Kumquat ...... Mediterranean, Oriental, Peach. Garcinia celebica ...... Gourka ...... Oriental. Garcinia mangostana ...... Mangosteen ...... Oriental. Grewia asiatica ...... Phalsa ...... Peach. Jubaea chilensis = Jubaea spectabilis ..... Syrup palm ...... Oriental. Juglans hindsii ...... Walnut ...... Oriental. Juglans regia ...... Walnut, English ...... Oriental. Juglans spp ...... Walnut with husk ...... Mediterranean.

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Botanical name Common name(s) Fruit fly

Lablab purpureus subsp. purpureus = Bean, hyacinth ...... Melon. Dolichos lablab. Lagenaria spp ...... Gourds ...... Melon, Peach. Luffa acutangula ...... Gourd, ribbed or ridged, luffa ...... Peach. Luffa aegyptiaca ...... Gourd, smooth luffa, sponge ...... Peach. Luffa spp ...... Gourds ...... Melon, Peach. Luffa vulgaris ...... Gourd ...... Peach. Lychee chinensis ...... Lychee nut ...... Oriental Lycopersicon esculentum ...... Tomato ...... Mediterranean, 4 Melon, Oriental, Peach. Madhuca indica = Bassia latifolia ...... Mahua, mowra-buttertree ...... Peach. Malpighia glabra ...... Cherry, Barbados ...... Oriental, West Indian. Malpighia punicifolia ...... West Indian cherry ...... Oriental. Malus sylvestris ...... Apple ...... Mediterranean, Melon, Mexican, Ori- ental, Sapote, Peach. Mammea americana ...... Mammy apple ...... Mexican, Oriental, Peach, Sapote. Mangifera foetida ...... Mango, Bachang ...... Peach. Mangifera indica ...... Mango ...... All. Mangifera odorata ...... Kuine ...... Peach. Manilkara hexandra ...... Sapodilla, balata ...... Peach. Manilkara jaimiqui subsp. emarginata ...... Sapodilla, wild ...... Peach. Manilkara zapota ...... Sapodilla, chiku ...... Oriental, Peach, Sapote, West Indian. Mimusops elengi ...... Spanish cherry ...... Mediterranean, Oriental. Momordica balsamina ...... Balsam apple, hawthorn ...... Peach. Momordica charantia ...... Balsam pear, bitter melon ...... Peach. Momordica cochinchinensis ...... Balsam apple, gac ...... Peach. Momordica spp ...... Gourds ...... Melon, Peach. Morus nigra ...... Mulberry ...... Oriental. Murraya exotica ...... Mock orange ...... Mediterranean, Oriental. Musa × paradisiaca = Musa paradisiaca Banana ...... Oriental. subsp. sapientum. Musa acuminata = Musa nana ...... Banana, dwarf ...... Oriental. Ochrosia elliptica ...... Orange, bourbon ...... Peach. Olea europea ...... Olive ...... Mediterranean. Opuntia ficus-indica = Opuntia Prickly pear ...... Oriental. megacantha. Opuntia spp ...... Opuntia cactus ...... Mediterranean. Passiflora edulis ...... Passionflower, passionfruit, yellow lilikoi Melon, Oriental, West Indian. Passiflora laurifolia ...... Lemon, water ...... Melon. Passiflora ligularis ...... Granadilla, sweet ...... Oriental. Passiflora quadrangularis ...... Granadilla, giant ...... West Indian. Passiflora tripartita var. mollissima ...... Passionflower, softleaf ...... Oriental. Persea americana ...... Avocado ...... Mediterranean, Melon, Mexican, Ori- ental, Peach, Sapote. Phaseolus lunatus = Phaseolus limensis Bean, lima ...... Melon. Phaseolus vulgaris ...... Bean, mung ...... Melon. Phoenix dactylifera ...... Date palm ...... Mediterranean, Melon, Oriental, Peach. Planchonia careya = Careya arborea ...... Patana oak, kumbhi ...... Peach. Pouteria caimito ...... Abiu ...... Sapote. Pouteria campechiana ...... Eggfruit tree ...... Oriental, Sapote. Pouteria obovata ...... Lucmo ...... Sapote. Pouteria viridis ...... Sapote, green ...... Sapote. Prunus americana ...... Plum, American...... Mediterranean, Mexican, Oriental, Peach. Prunus armeniaca ...... Apricot ...... Mediterranean, Mexican, Oriental, Peach. Prunus avium ...... Sweet cherry ...... Mediterranean, Peach. Prunus cerasus ...... Sour cherry ...... Mediterranean, Peach. Prunus domestica ...... Plum, European...... Mediterranean, Mexican, Oriental, Peach. Prunus dulcis = P. amygdalus ...... Almond with husk ...... Mediterranean, Peach 5. Prunus ilicifolia ...... Cherry, Catalina ...... Oriental, Peach. Prunus lusitanica ...... Cherry, Portuguese ...... Oriental, Peach. Prunus persica ...... Peach ...... All. Prunus persica var. nectarine ...... Nectarine ...... Mediterranean, Mexican, Oriental, Peach. Prunus salicina ...... Japanese plum ...... Mediterranean, Mexican, Peach, West Indian. Prunus salicina × Prunus cerasifera ...... Methley plum ...... Peach. Psidium cattleianum ...... Strawberry guava, Cattley guava ...... Mediterranean, Melon, Oriental. Psidium cattleianum var. cattleianum f. Yellow strawberry guava ...... Peach. lucidum. Psidium cattleianum var. littorale ...... Red strawberry guava ...... Oriental, West Indian, Peach. Psidium guajava ...... Guava ...... All. Punica granatum ...... Pomegranate ...... Mediterranean, Mexican, Oriental, Peach.

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Botanical name Common name(s) Fruit fly

Pyrus communis ...... Pear ...... All. Pyrus pashia ...... Kaeuth ...... Peach. Pyrus pyrifolia ...... Pear, sand ...... Peach. Rhodomyrtus tomentosa ...... Myrtle, downy rose ...... Oriental. Sandoricum koetjape ...... Santol ...... Oriental. Santalum album ...... Sandalwood, white ...... Oriental. Santalum paniculatum ...... Sandalwood ...... Oriental. Sapotaceae ...... Sapota, Sapodilla ...... Mexican. Sechium edule ...... Chayote ...... Melon. Sesbania grandiflora ...... Scarlet wisteria tree ...... Melon. Sicyes sp ...... Cucumber, bur ...... Melon. Solanum aculeatissimum ...... Nightshade ...... Peach. Solanum mauritianum = S. auriculatum ... Tobacco, wild ...... Peach. Solanum melongena ...... Eggplant ...... Mediterranean, 6 Melon, Peach. Solanum muricatum ...... Pepino ...... Oriental, Peach. Solanum pseudocapsicum ...... Jerusalem cherry ...... Oriental, Peach. Solanum seaforthianum ...... Nightshade, Brazilian ...... Peach. Solanum verbascifolium ...... Nightshade, Mullein ...... Peach. Spondias dulcis = Spondias cytherea ...... Otaheite apple, Jew plum ...... Oriental, West Indian. Spondias mombin ...... Hog-plum ...... Sapote, West Indian. Spondias purpurea ...... Red mombin ...... Sapote, West Indian. Spondias spp ...... Spanish plum, purple mombin or Ciruela Mexican. Spondias tuberose ...... Imbu ...... Oriental. Syzygium aquem ...... Water apple, watery roseapple ...... Peach. Syzygium cumini ...... Java plum, jambolana ...... Peach. Syzygium jambos = Eugenia jambos ...... Rose apple...... Mediterranean, Mexican, Oriental, Peach, West Indian. Syzygium malaccense = Eugenia Mountain apple, Malay apple ...... Mediterranean, Peach, West Indian. malaccensis. Syzygium samarangense ...... Java apple ...... Peach. Terminalia bellirica ...... Myrobalan, belleric ...... Peach. Terminalia catappa ...... Tropical almond ...... Oriental, Peach. Terminalia chebula ...... Myrobalan, black or chebulic ...... Mediterranean, Oriental, Peach. Thevetia peruviana ...... Yellow oleander ...... Mediterranean, Oriental. Trichosanthis spp ...... Gourds ...... Melon, Peach. Vaccinium spp ...... Blueberry ...... Mediterranean. Vigna unguiculata ...... Cowpea ...... Melon. Vitis spp ...... Grapes ...... Mediterranean, Oriental. Vitis trifolia ...... Grape ...... Melon. Wikstroemia phillyreifolia ...... Akia ...... Oriental. Ziziphus mauritiana ...... Chinese date, jujube ...... Peach. 1 Sour limes are not regulated articles for Mexican fruit fly. 2 Only yellow lemons are regulated articles for Mediterranean fruit fly. 3 Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour lemon) are not regulated articles for Mexican fruit fly. 4 Only pink and red ripe tomatoes are regulated articles for Mediterranean fruit fly. 5 Harvested almonds with dried husks are not regulated articles for peach fruit fly. 6 Commercially produced eggplants are not regulated articles for Mediterranean fruit fly.

(b) Plants of the following species in Gourd, snake (Trichosanthis cucumeroides) the family Curcurbitaceae are regu- Gourd, sponge (Luffa aegyptiaca) lated articles for the melon fruit fly Gourd, white flowered (Lagenaria siceraria) only: Melon, Chinese (Benincasa hispida) Melon, long (Cucumis utilissimus) Cantaloupe (Cucumis melo) Pumpkin (Cucurbita pepo) Chayote (Sechium edule) Pumpkin, Canada (Cucurbita moschata) Colocynth (Citrullus colocynthis) Squash (Cucurbita maxima) Cucumber (Cucumis sativus) Watermelon (Citrullus lanatus = Citrullus Cucumber, bur (Sicyes spp.) vulgaris) Cucurbit (Cucumis pubescens and C. trigonus) Cucurbit, wild (Cucumis trigonus) (c) Soil within the dripline of the Gherkin, West India (Cucumis angaria) plants listed in paragraph (b) of this Gourds (Coccinia, Cresentia, Lagenaria, Luffa, section or plants that are producing or Momordica, and Trichosanthis spp.) have produced any article listed in Gourd, angled luffa (Luffa acutangula) paragraph (a) of this section. Gourd, balsam apple (Momordica balsaminia) Gourd, ivy (Coccinia grandis) (d) Any other product, article, or Gourd, kakari (Momordica dioica) means of conveyance not listed in para- Gourd, serpent cucumber (Trichosanthis graphs (a), (b), or (c) of this section anguina) that an inspector determines presents

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a risk of spreading fruit flies, when the prevent the interstate spread of the inspector notifies the person in posses- fruit fly. sion of the product, article, or means of (c) Criteria for designation of a State, conveyance that it is subject to the re- or a portion of a State, as a quarantined strictions of this subpart. area. A State, or a portion of a State, will be designated as a quarantined [73 FR 34232, June 9, 2008, as amended at 75 area when a fruit fly population has FR 12962, Mar. 18, 2010] been found in that area by an inspec- § 301.32–3 Quarantined areas. tor, when the Administrator has reason to believe that the fruit fly is present (a) Designation of quarantined areas. in that area, or when the Adminis- In accordance with the criteria listed trator considers it necessary to quar- in paragraph (c) of this section, the Ad- antine that area because of its insepa- ministrator will designate as a quar- rability for quarantine enforcement antined area each State, or each por- purposes from localities in which the tion of a State, in which a fruit fly pop- fruit fly has been found. ulation subject to the regulations in (d) Removal of a State, or a portion of this subpart has been found by an in- a State, from quarantine. A State, or a spector, or in which the Administrator portion of a State, will be removed has reason to believe that a fruit fly from quarantine when the Adminis- population is present, or that the Ad- trator determines that sufficient time ministrator considers necessary to has passed without finding additional quarantine because of its insepa- flies or other evidence of infestation in rability for quarantine enforcement the area to conclude that the fruit fly purposes from localities in which a no longer exists in that area. fruit fly population has been found. The Administrator will publish the de- § 301.32–4 Conditions governing the scription of the quarantined area on interstate movement of regulated the Plant Protection and Quarantine articles from quarantined areas. Web site, http://www.aphis.usda.gov/ Any regulated article may be moved plantlhealth/plantlpestlinfo/ interstate from a quarantined area 2 fruitlflies/index.shtml. The description only if moved under the following con- of the quarantined area will include ditions: the date the description was last up- (a) With a certificate or limited per- dated and a description of the changes mit issued and attached in accordance that have been made to the quar- with §§ 301.32–5 and 301.32–8; antined area. The description of the (b) Without a certificate or limited quarantined area may also be obtained permit if: by request from any local office of (1) The regulated article originated PPQ; local offices are listed in tele- outside the quarantined area and is ei- phone directories. After a change is ther moved in an enclosed vehicle or is made to the quarantined area, we will completely enclosed by a covering ade- publish a notice in the FEDERAL REG- quate to prevent access by fruit flies ISTER informing the public that the (such as canvas, plastic, or other close- change has occurred and describing the ly woven cloth) while moving through change to the quarantined area. the quarantined area; and (b) Designation of an area less than an (2) The point of origin of the regu- entire State as a quarantined area. Less lated article is indicated on the way- than an entire State will be designated bill, and the enclosed vehicle or the en- as a quarantined area only if the Ad- closure that contains the regulated ar- ministrator determines that: ticle is not opened, unpacked, or un- (1) The State has adopted and is en- loaded in the quarantined area; and forcing restrictions on the intrastate (3) The regulated article is moved movement of the regulated articles through the quarantined area without that are equivalent to those imposed stopping except for refueling or for by this subpart on the interstate movement of regulated articles; and 2 Requirements under all other applicable (2) The designation of less than the Federal domestic plant quarantines and reg- entire State as a quarantined area will ulations must also be met.

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traffic conditions, such as traffic lights (iii) If the Hass avocados were grown or stop signs. in an orchard within the quarantined (c) Without a certificate or limited area, the identity of the avocados must permit if the regulated article is be maintained from field boxes or con- moved: tainers to the shipping boxes in the (1) By the United States Department packinghouse so that the avocados can of Agriculture for experimental or sci- be traced back to the orchard in which entific purposes; they were grown. The avocados must (2) Pursuant to a permit issued by be packed in boxes or crates that are the Administrator for the regulated ar- clearly marked with the identity of the ticle; grower and the packinghouse. (3) Under conditions specified on the (iv) Any boxes of Hass avocados permit and found by the Administrator packed in the quarantined area must to be adequate to prevent the spread of be placed in a refrigerated truck or re- fruit flies; and frigerated container and remain in that (4) With a tag or label bearing the truck or container while in transit number of the permit issued for the through the quarantined area. Prior to regulated article attached to the out- leaving the packinghouse, the truck or side of the container of the regulated container must be secured with a seal article or attached to the regulated ar- that will be broken when the truck or ticle itself if not in a container. container is opened. Once sealed, the (d) Hass avocados that are grown or refrigerated truck or refrigerated con- packed in an area quarantined for Med- tainer must remain unopened until it iterranean, Mexican, or sapote fruit fly is outside the quarantined area. and that are moving interstate from (v) Any avocados that have not been such an area are subject to the fol- packed or loaded into a refrigerated lowing additional requirements: truck or refrigerated container by the (1) Orchard sanitation and safe- end of the workday must be kept inside guarding requirements. (i) Hass avocado the screened packinghouse. fruit that has fallen from the trees (3) Packinghouse requirements for Hass may not be included in field boxes of avocados packed outside a quarantined fruit to be packed for shipping. area but grown within a quarantined (ii) Harvested Hass avocados must be area. Hass avocados grown in an or- placed in field boxes or containers of chard within a quarantined area but field boxes that are marked to show packed in a packinghouse outside the the location of the orchard. The avoca- quarantined area must meet the re- dos must be moved from the orchard to quirements of paragraph (d)(2)(iii) of the packinghouse within 3 hours of this section. harvest or they must be protected from (Approved by the Office of Management and fruit fly infestation until moved. Budget under control numbers 0579–0088 and (iii) Hass avocados must be protected 0579–0336) from fruit fly infestations during their [73 FR 32432, June 9, 2008, as amended at 74 movement from the orchard to the FR 31159, June 30, 2009; 75 FR 12962, Mar. 18, packinghouse and must be accom- 2010; 76 FR 43807, July 22, 2011] panied by a field record indicating the location of the orchard where the avo- § 301.32–5 Issuance and cancellation of cados originated. certificates and limited permits. (2) Packinghouse requirements for Hass (a) A certificate may be issued by an avocados packed within a quarantined inspector 3 for the interstate movement area. (i) All openings to the outside of of a regulated article if the inspector the packinghouse must be covered by determines that: screening with openings of not more (1)(i) The regulated article has been than 1.6 mm or by some other barrier treated under the direction of an in- that prevents insects from entering the spector in accordance with § 301.32–10; packinghouse. or (ii) The packinghouse must have dou- ble doors at the entrance to the facility 3 Services of an inspector may be requested and at the interior entrance to the area by contacting local PPQ offices, which are where the avocados are packed. listed in telephone directories.

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(ii) Based on inspection of the prem- (c) Certificates and limited permits ises of origin, the premises are free for the interstate movement of regu- from fruit flies; or lated articles may be issued by an in- (iii) Based on inspection of the regu- spector or person operating under a lated article, the regulated article is compliance agreement. A person oper- free of fruit flies; or ating under a compliance agreement (iv) The regulated articles are Hass may issue a certificate for the inter- variety avocados that have been har- state movement of a regulated article vested, safeguarded, and packed in ac- if an inspector has determined that the cordance with the conditions in regulated article is eligible for a cer- § 301.32–4(d); and tificate in accordance with paragraph (2) The regulated article will be (a) of this section. A person operating moved through the quarantined area in under a compliance agreement may an enclosed vehicle or will be com- issue a limited permit for interstate pletely enclosed by a covering ade- movement of a regulated article when quate to prevent access by fruit flies; an inspector has determined that the and regulated article is eligible for a lim- (3) The regulated article is to be ited permit in accordance with para- moved in compliance with any addi- graph (b) of this section. tional emergency conditions the Ad- (d) Any certificate or limited permit ministrator may impose under section that has been issued may be with- 414 of the Plant Protection Act (7 drawn, either orally or in writing, by U.S.C. 7714) to prevent the spread of an inspector if he or she determines fruit flies; and that the holder of the certificate or (4) The regulated article is eligible limited permit has not complied with for unrestricted movement under all all conditions in this subpart for the other Federal domestic plant quar- use of the certificate or limited permit. antines and regulations applicable to If the withdrawal is oral, the with- the regulated article. drawal and the reasons for the with- (b) An inspector 4 will issue a limited drawal will be confirmed in writing as permit for the interstate movement of promptly as circumstances allow. Any a regulated article if the inspector de- person whose certificate or limited per- termines that: mit has been withdrawn may appeal (1) The regulated article is to be the decision in writing to the Adminis- moved interstate to a specified destina- trator within 10 days after receiving tion for specified handling, processing, the written notification of the with- or utilization (the destination and drawal. The appeal must state all of other conditions to be listed in the lim- the facts and reasons upon which the ited permit), and this interstate move- person relies to show that the certifi- ment will not result in the spread of cate or limited permit was wrongfully fruit flies because life stages of the withdrawn. As promptly as cir- fruit flies will be destroyed by the spec- cumstances allow, the Administrator ified handling, processing, or utiliza- will grant or deny the appeal, in writ- tion; ing, stating the reasons for the deci- (2) The regulated article is to be sion. A hearing will be held to resolve moved in compliance with any addi- any conflict as to any material fact. tional emergency conditions the Ad- Rules of practice concerning a hearing ministrator may impose under section will be adopted by the Administrator. 414 of the Plant Protection Act (7 (Approved by the Office of Management and U.S.C. 7714) to prevent the spread of Budget under control numbers 0579–0088 and fruit flies; and 0579–0336) (3) The regulated article is eligible [73 FR 32432, June 9, 2008, as amended at 74 for interstate movement under all FR 31160, June 30, 2009] other Federal domestic plant quarantines and regulations applicable to § 301.32–6 Compliance agreements and the regulated article. cancellation. (a) Any person engaged in growing, 4 See footnote 3. handling, or moving regulated articles

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may enter into a compliance agree- the inspector designates as necessary ment when an inspector determines to comply with this subpart. that the person is aware of this subpart, agrees to comply with its provi- § 301.32–8 Attachment and disposition sions, and agrees to comply with all of certificates and limited permits. the provisions contained in the compli- (a) A certificate or limited permit re- ance agreement. 5 quired for the interstate movement of (b) Any compliance agreement may a regulated article must, at all times be canceled, either orally or in writing, during the interstate movement, be: by an inspector whenever the inspector (1) Attached to the outside of the finds that the person who has entered container containing the regulated ar- into the compliance agreement has ticle; or failed to comply with any of the condi- (2) Attached to the regulated article tions of this subpart or with any of the itself if not in a container; or provisions of the compliance agree- (3) Attached to the consignee’s copy ment. If the cancellation is oral, the of the accompanying waybill: Provided, cancellation and the reasons for the however, that if the certificate or lim- cancellation will be confirmed in writ- ited permit is attached to the con- ing as promptly as circumstances signee’s copy of the waybill, the regu- allow. Any person whose compliance lated article must be sufficiently de- agreement has been canceled may ap- scribed on the certificate or limited peal the decision, in writing, within 10 permit and on the waybill to identify days after receiving written notifica- the regulated article. tion of the cancellation. The appeal (b) The certificate or limited permit must state all of the facts and reasons for the interstate movement of a regu- upon which the person relies to show lated article must be furnished by the that the compliance agreement was carrier to the consignee listed on the wrongfully canceled. As promptly as certificate or limited permit upon ar- circumstances allow, the Adminis- rival at the location provided on the trator will grant or deny the appeal, in certificate or limited permit. writing, stating the reasons for the decision. A hearing will be held to resolve (Approved by the Office of Management and any conflict as to any material fact. Budget under control number 0579–0088) Rules of practice concerning a hearing will be adopted by the Administrator. § 301.32–9 Costs and charges. The services of the inspector during § 301.32–7 Assembly and inspection of normal business hours (8 a.m. to 4:30 regulated articles. p.m., Monday through Friday, except (a) Any person, other than a person holidays) will be furnished without authorized to issue certificates or lim- cost. The user will be responsible for ited permits under § 301.32–5(c), who de- all costs and charges arising from in- sires to move a regulated article inter- spection and other services provided state accompanied by a certificate or outside normal business hours. limited permit must notify an inspector 6 as far in advance of the desired § 301.32–10 Treatments. interstate movement as possible, but Regulated articles may be treated in no less than 48 hours before the desired accordance with part 305 of this chap- interstate movement. ter to neutralize fruit flies. The fol- (b) The regulated article must be as- lowing treatments also may be used for sembled at the place and in the manner the regulated articles indicated: (a) Soil within the dripline of plants 5 Compliance agreement forms are avail- that are producing or have produced reg- able without charge from the Animal and ulated articles listed § 301.32(a) or (b). The Plant Health Inspection Service, Plant Pro- following soil treatments may be used: tection and Quarantine, Emergency and Do- Apply diazinon at the rate of 5 pounds mestic Programs, 4700 River Road Unit 134, Riverdale, MD 20737–1236, and from local PPQ active ingredient per acre to the soil offices, which are listed in telephone direc- within the dripline with sufficient tories. water to wet the soil to at least a 6 See footnote 3 to § 301.32–5(a). depth of 0.5 inch. Both immersion and

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pour-on treatment procedures are also § 301.38–1 Definitions. acceptable. (b) Premises. Fields, groves, or areas In this subpart the following defini- that are located within a quarantined tions apply: area but outside the infested core area Administrator. The Administrator, and that produce regulated articles Animal and Plant Health Inspection may receive regular treatments with Service (APHIS), or any person author- either malathion or spinosad bait spray ized to act for the Administrator. as an alternative to treating fruits and Animal and Plant Health Inspection vegetables as provided in part 305 of Service (APHIS). The Animal and Plant this chapter. These treatments must Health Inspection Service of the United take place at 6- to 10-day intervals, States Department of Agriculure. starting a sufficient time before har- Black stem rust. The disease com- vest (but not less than 30 days before monly known as the black stem rust of harvest) to allow for development of grains (Puccinia graminis). fruit fly egg and larvae. Determination Certificate. A document in which an of the time period must be based on the inspector, or a person operating under day degrees model for the specific fruit fly. Once treatment has begun, it must a compliance agreement, affirms that a continue through the harvest period. specified regulated article has met the The malathion bait spray treatment criteria in § 301.38–5(b) of this subpart must be applied by aircraft or ground and may be moved interstate to any equipment at a rate of 2.4 oz of tech- destination. nical grade malathion and 9.6 oz of pro- Clonally propagated. Reproduced tein hydrolysate per acre. The spinosad asexually through cuttings, tissue cul- bait spray treatment must be applied ture, suckers, or crown division. For by aircraft or ground equipment at a the purposes of this subpart, a Berberis rate of 0.01 oz of a USDA-approved plant will be considered clonally propa- spinosad formulation and 48 oz of pro- gated only if its parent stock is, or was tein hydrolysate per acre. For ground derived from, a seed-propagated black applications, the mixture may be di- stem rust-resistant plant of more than luted with water to improve coverage. 2 years’ growth. [73 FR 32432, June 9, 2008, as amended at 75 Compliance agreement. A written FR 4240, Jan. 26, 2010] agreement between a State that is a protected area or that encompasses a Subpart D—Black Stem Rust protected area and a person who moves regulated articles interstate, or in a SOURCE: 54 FR 32791, Aug. 10, 1989, unless non-protected area between APHIS and otherwise noted. Redesignated at 84 FR 2428, such person, in which that person Feb. 7, 2019. agrees to comply with this subpart. Departmental permit. A document § 301.38 Notice of quarantine; restric- issued by the Administrator in which tions on interstate movement of regulated articles. he or she affirms that interstate movement of the regulated article identified The conterminous 48 States and the on the document is for scientific or ex- District of Columbia are quarantined perimental purposes, and that the reg- in order to prevent the spread of black ulated article is eligible for interstate stem rust. No person shall move inter- movement under the conditions speci- state any regulated article except in accordance with this subpart. 1 fied on the Departmental permit and found by the Administrator to be ade- [54 FR 32791, Aug. 10, 1989, as amended at 66 quate to prevent the introduction of FR 21050, Apr. 27, 2001] rust-susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia 1 Any properly identified employee of the into protected areas. Animal and Plant Health Inspection Service is authorized to stop and inspect persons and means of conveyance, and to seize, quar- articles as provided in sections 414 and 421 of antine, treat, apply other remedial measures the Plant Protection Act (7 U.S.C. 7714 and to destroy, or otherwise dispose of regulated 7731).

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Inspector. Any APHIS employee or Regulated article. Any article listed in other person authorized by the Admin- § 301.38–2 (a)(1) through (a)(3) of this istrator in accordance with law to en- subpart or otherwise designated as a force this subpart. regulated article in accordance with Interstate. From any State into or § 301.38–2(a)(4) of this subpart. through any other State. Seedling. Any plant of the genera Limited permit. A document issued by Berberis, Mahoberberis, and Mahonia an inspector to allow the interstate grown from seed and having less than 2 movement into or through a protected years’ growth. area of regulated articles not eligible State. The District of Columbia, Puer- for certification under this subpart to a to Rico, the Northern Mariana Islands, specified destination outside the pro- or any State, territory or possession of tected area. the United States. Moved (movement, move). Shipped, of- Two years’ growth. The growth of a fered to a common carrier for ship- plant during all growing seasons of 2 ment, received for transportation or successive calendar years. transported by a common carrier, or [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. carried, transported, moved, or allowed 18, 1989; 67 FR 8178, Feb. 22, 2002; 71 FR 5778, to be moved. ‘‘Movement’’ and ‘‘move’’ Feb. 3, 2006] shall be construed in accordance with this definition. § 301.38–2 Regulated articles. Person. Any association, company, (a) The following are regulated arti- corporation, firm, individual, joint cles: 3 stock company, partnership, society, (1) All plants, seeds, fruits, and other or any other legal entity. plant parts capable of propagation Protected area. Those States or coun- from the following rust-resistant ties designated in § 301.38–3(d) of this Berberis species and varieties. subpart. B. aggregata × B. wilsoniae ‘Pirate Rust-resistant plants. All plants of the King’ genera Berberis, Mahoberberis, and B. ‘Amstelveen’ Mahonia, and their progeny, that have B. aridocalida proven resistant to black stem rust B. beaniana during testing by the United States De- B. buxifolia partment of Agriculture, 2 and that are B. buxifolia nana listed as rust-resistant under § 301.38–2 B. calliantha (a)(1) and (a)(2). B. candidula B. candidula ‘Amstelveen’ Rust-susceptible plants. All plants of B. candidula × B. verruculosa the genera Berberis, Mahoberberis, and ‘Amstelveen’ Mahonia not listed as rust-resistant B. cavallieri under § 301.38–2 (a)(1) and (a)(2). B. chenaulti B. chanaulti ‘Apricot Queen’ 2 Testing is performed by the Agricultural B. circumserrata Research Service of USDA as follows: In a B. concinna greenhouse, the suspect plant, or test sub- B. coxii ject, is placed under a screen with a control plant, i.e., a known rust-susceptible variety B. darwini of Berberis, Mahoberberis, or Mahonia. In- B. dasystachya fected wheat stems, a primary host of black B. dubia stem rust, are placed on top of the screen. B. feddeana The plants are moistened and maintained in B. formosana 100% humidity, causing the spores to swell B. franchetiana and fall on the plants lying under the screen. B. gagnepainii The plants are then observed for 7 days at 20– B. gagnepaini ‘Chenault’ 80% relative humidity. This test procedure is repeated 12 times. If in all 12 tests, the rust- B. gilgiana susceptible plant shows signs of infection after 7 days and the test plants do not, USDA 3 Permit and other requirements for the will declare the test plant variety rust-re- insterstate movement of black stem rust or- sistant. The tests must be performed on new ganisms are contained in part 330 of this growth, just as the leaves are unfolding. chapter.

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B. gladwynensis B. thunbergii atropurpurea ‘Moretti B. gladwynensis ‘William Penn’ Select’ B. gyalaica B. thunbergii atropurpurea nana B. heterophylla B. thunbergii atropurpurea ‘Redbird’ B. horvathi B. thunbergii atropurpurea ‘Rose B. hybrido-gagnepaini Glow’ B. insignis B. thunbergii atropurpurea x B. x media B. integerrima ‘Wallichs Purple’ H2011–085–006 B. julianae B. thunbergii aurea B. julianae ‘Nana’ B. thunbergii ‘Aurea Nana’ B. julianae ‘Spring Glory’ B. thunbergii ‘Bagatelle’ B. koreana B. thunbergii ‘BailAnna’ Moscato B. koreana × B. thunbergii hybrid B. thunbergii ‘BailElla’ Lambrusco Bailsel B. thunbergii ‘BailErin’ Limoncello B. koreana × B. thunbergii hybrid Tara B. thunbergii ‘Bailgreen’ (Jade Car- B. lempergiana ousel TM) B. lepidifolia B. thunbergii ‘BailJulia’ Toscana B. linearifolia B. thunbergii ‘Bailone’ B. linearifolia var. ‘Orange King’ B. thunbergii ‘Bailone’ (Ruby Car- B. lologensis ousel ®) B. lologensis ‘Mystery Fire’ B. thunbergii ‘Bailtwo’ B. manipurana B. thunbergii ‘Bailtwo’ (Burgundy B. media ‘Dual Jewel’ Carousel ®) B. media ‘Park Jewel’ B. thunbergii ‘Benita’ B. media ‘Red Jewel’ B. thunbergii ‘Bonanza Gold’ B. mentorensis B. thunbergii ‘Breval 8’ B. pallens B. thunbergii ‘Celeste’ B. poirettii ‘BJG 073’, ‘MTA’ B. thunbergii ‘Chloe’ B. potanini B. thunbergii ‘Concorde’ B. Renton B. thunbergii ‘Crimson Ruby’ B. replicata B. thunbergii ‘Crimson Pygmy’ B. sanguinea B. thunbergii ‘Criruzam’ Crimson B. sargentiana Ruby TM B. sikkimensis B. thunbergii ‘Daybreak’ B. soulieana ‘Claret Cascade’ B. thunbergii ‘Diabolicum’ B. stenophylla B. thunbergii ‘Della’ B. stenophylla diversifolia B. thunbergii ‘Dwarf Jewell’ B. stenophylla gracilis B. thunbergii ‘Edda’ B. stenophylla irwini B. thunbergii erecta B. stenophylla nana compacta B. thunbergii 8–8–13 B. taliensis B. thunbergii ‘Fay’ B. telomaica artisepala B. thunbergii ‘Fireball’ B. thunbergii B. thunbergii ‘Gail’ B. thunbergii ‘Ada’ B. thunbergii ‘globe’ B. thunbergii ‘Admiration’ B. thunbergii ‘golden’ B. thunbergii ‘Amera’ B. thunbergii ‘Golden Carpet’ B. thunbergii ‘Antares’ B. thunbergii ‘Golden Devine’ B. thunbergii argenteo marginata B. thunbergii ‘Golden Pygmy’ B. thunbergii ‘Arlene’ B. thunbergii ‘Golden Rocket’ B. thunbergii atropurpurea B. thunbergii ‘Golden Ruby’ B. thunbergii atropurpurea erecta B. thunbergii ‘Golden Torch’ B. thunbergii atropurpurea erecta B. thunbergii ‘Green Carpet’ Marshalli B. thunbergii ‘Grhozam’ (Green Hor- B. thunbergii atropurpurea ‘Golden net TM) Ring’ B. thunbergii H2007–001–031 B. thunbergii atropurpurea ‘Inter- B. thunbergii ‘Harlequin’ media’ B. thunbergii ‘Helen’ B. thunbergii atropurpurea ‘Knight B. thunbergii ‘Helmond Pillar’ Burgundy’ B. thunbergii ‘Joyce’

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B. thunbergii ‘Kasia’ B. thunbergii × ‘Tara’ (Emerald Car- B. thunbergii ‘Kobold’ ousel ®) B. thunbergii ‘Koren’ B. triacanthophora B. thunbergii ‘Lime Glow’ B. triculosa B. thunbergii ‘Lotty’ B. verruculosa B. thunbergii ‘Lustre Green’ B. verruculosa x gagnepainii x vulgaris B. thunbergii ‘Maria’ Trispecific#2 B. thunbergii ‘Martha’ B. virgatorum B. thunbergii maximowiczi B. workingensis B. thunbergii ‘Midruzam’ Midnight B. xanthoxylon Ruby TM B. x media x thunbergii atropurpurea B. thunbergii ‘Mimi’ H2011–165–002 B. thunbergii minor B. × carminea ‘Pirate King’ B. thunbergii ‘Monlers’ B. × frikartii ‘Amstelveen’ B. thunbergii ‘Monomb’ (2) All plants, seedlings, seeds, fruits, B. thunbergii ‘Monry’ and other plant parts capable of propa- B. thunbergii ‘NCBT1’ gation from the following rust-resist- B. thunbergii ‘O’Byrne’ ant Mahoberberis and Mahonia species B. thunbergii ‘Orange Rocket’ and varieties, except Mahonia cuttings B. thunbergii Orange Torch for decorative purposes: B. thunbergii ‘Painter’s Palette’ (i) Genus Mahoberberis: B. thunbergii ‘Phoebe’ M. aqui-candidula B. thunbergii ‘Pink Queen’ M. aquifolium ‘Smaragd’ B. thunbergii pluriflora M. aqui-sargentiae B. thunbergii ‘Pow Wow’ M. miethkeana × B. thunbergii ‘Pyruzam’ (Pygmy M. ‘Magic’ Ruby TM) (ii) Genus Mahonia: B. thunbergii ‘Red Carpet’ M. amplectens B. thunbergii ‘Red Rocket’ M. aquifolium M. aquifolium atropurpurea B. thunbergii Red Torch M. aquifolium compacta B. thunbergii ‘Rosy Rocket’ M. aquifolium compacta ‘John Muir’ B. thunbergii ‘Royal Burgundy’ M. aquifolium ‘Donewell’ B. thunbergii ‘Royal Cloak’ M. aquifolium ‘Kings Ransom’ B. thunbergii ‘Ruth’ M. aquifolium ‘Orangee Flame’ B. thunbergii ‘Sparkle’ M. aquifolium ‘Undulata’ B. thunbergii ‘Sparkler’ M. aquifolium ‘Winter Sun’ B. thunbergii Striking Gold M. ‘Arthur Menzies’ B. thunbergii ‘Talago’ M. bealei B. thunbergii ‘Thornless’ M. ‘Bokasio’ Sioux B. thunbergii ‘Tiny Gold’ M. ‘Bokrafoot’ Blackfoot B. thunbergii ‘24kagozam’ (24 Karat M. dictyota Gold TM) M. eurybracteata Soft Caress (PPAF) B. thunbergii UCONNBT039 M. fortunei B. thunbergii UCONNBT048 M. ‘Golden Abundance’ B. thunbergii UCONNBT113 M. japonica B. thunbergii UCONNBTCP4N M. japonica × M. lomariifolia ‘Charity’ B. thunbergii UCONNtrispecific M. lomarifolia B. thunbergii ‘Upright Jewell’ M. media Marvel (PPAF) B. thunbergii ‘Velglozam’ (Velvet M. nervosa Glow TM) M. pinnata B. thunbergii variegata M. pinnata ‘Ken Hartman’ B. thunbergii xanthocarpa M. piperiana B. thunbergii x B. sieboldii H2010–079– M. pumila 012 M. repens B. thunbergii x calliantha ‘‘NCBX3’ M. × media ‘Charity’ B. thunbergii x media ‘NCBX1’ M. × media ‘Lionel Fortescue’ B. thunbergii x media ’NCBX2’ M. × media ‘Winter Sun’ B. thunbergii × ‘Bailsel’ (Golden Car- (3) All plants, seeds, fruits, and other ousel ®) plant parts capable of propagation

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from rust-susceptible species and vari- (b) The Administrator may designate eties of the genera Berberis, as a protected area any county within Mahoberberis, and Mahonia, except a State, rather than the entire State, if Mahonia cuttings for decorative pur- areas within the State have eradicated poses. rust-susceptible plants of the genera (4) Any other product or article not Berberis, Mahoberberis, and Mahonia listed in paragraphs (a)(1) through under the cooperative Federal-State (a)(3) of this section that an inspector program, and; determines presents a risk of spread of (1) The State employs personnel with black stem rust. The inspector must responsibility for the issuance and notify the person in possession of the withdrawal of certificates in accord- product or article that it is subject to ance with § 301.38–5; the provisions of this subpart. (2) The State is enforcing restrictions (b) A person may request that an ad- on the intrastate movement of the reg- ditional rust-resistant variety be added to paragraph (a)(1) or (a)(2) of this sec- ulated articles that are equivalent to tion. The person requesting that a those imposed by this subpart on the rust-resistant variety be added to para- interstate movement of regulated arti- graph (a)(1) or (a)(2) of this section cles, as determined by the Adminis- must provide APHIS with a description trator; and of the variety, including a written de- (3) The State maintains and enforces scription and color pictures that can be an inspection program under which used by an inspector to clearly identify every plant nursery within the county the variety and distinguish it from is inspected at least once each year to other varities. ensure that plant nurseries within that area are free of rust-susceptible plants (Approved by the Office of Management and of the genera Berberis, Mahoberberis, Budget under control number 0579–0186) and Mahonia. During the requisite [67 FR 8179, Feb. 22, 2002, as amended at 71 nursery inspections, all nursery stock FR 5778, Feb. 3, 2006; 72 FR 32167, June 12, shall be examined to determine that it 2007; 72 FR 72233, Dec. 20, 2007; 75 FR 29193, consists only of rust-resistant varieties May 25, 2010; 75 FR 54462, Sept. 8, 2010; 78 FR 27856, May 13, 2013; 81 FR 3702, Jan. 22, 2016; of the genera Berberis, Mahoberberis, 82 FR 41826, Sept. 5, 2017] and Mahonia, and that the plants are true to type. Plants that do not meet § 301.38–3 Protected areas. this criteria must be destroyed. (a) The Administrator may designate (c) All seed used to propagate plants as a protected area in paragraph (d) of of the genera Berberis, Mahoberberis, this section any State that has eradi- and Mahonia in protected areas, and all cated rust-susceptible plants of the seed used to propagate plants of the genera Berberis, Mahoberberis, and genera Berberis, Mahoberberis, and Mahonia under the cooperative Fed- Mahonia that are certified as rust-re- eral-State eradication program. In ad- sistant for interstate movement into dition, the State must employ per- protected areas, must be produced at sonnel with responsibility for the properties where a State inspector has issuance and withdrawal of certificates verified that no wild or domesticated in accordance with § 301.38–5, and main- rust-susceptible plants are growing at tain and enforce an inspection program or within one-half mile of the prop- under which every plant nursery with- erty. 4 in the State is inspected at least once each year to ensure that they are free 4 Persons performing the inspections must of rust-susceptible plants. During the be able to recognize rust-susceptible vari- requisite nursery inspections, all nurs- eties of Berberis, Mahoberberis, and Mahonia. ery stock shall be examined to deter- Inspectors must work side by side, 10 to 20 mine that it consists only of rust-re- feet apart, and walk outward away from the sistant varieties of the genera Berberis, property a distance of one-half mile measured from the edge of the property, and ob- Mahoberberis, and Mahonia, and that serve all plants growing in the half-mile the plants are true to type. Plants that band. The distance between the inspectors do not meet this criteria must be de- may vary within this range, depending upon stroyed. the visibility of the plant growth. In areas

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(d) The following are designated as § 301.38–4 Interstate movement of reg- protected areas: ulated articles. (1) The States of Illinois, Indiana, (a) Non-protected areas. Interstate Iowa, Kansas, Michigan, Minnesota, movement of regulated articles into or Missouri, Montana, Nebraska, North through any State or area that is not Dakota, Ohio, Pennsylvania, South Da- designated as a protected area under kota, West Virginia, Wisconsin, and § 301.38–3(d) is allowed without restric- Wyoming. tion under this subpart. (2) The following counties in the (b) Protected areas—(1) Prohibited State of Washington: Adams, Asotin, movement. The following regulated arti- Benton, Chelan, Columbia, Douglas, cles are prohibited from moving inter- Ferry, Franklin, Garfield, Grant, state into or through any protected Kittitas, Klickitat, Lincoln, Okanogan, area: (i) All rust-susceptible Berberis, Pend Oreille, Spokane, Stevens, Walla Mahoberberis, and Mahonia plants, Walla, Whitman, Yakima. seeds, fruits, and other plant parts ca- (e) Each State that is a protected pable of propagation, except Mahonia area or that encompasses a protected cuttings for decorative purposes. area must submit annually to the Ad- (ii) All seed-propagated plants of the ministrator a written statement, Berberis species and varieties des- signed by an inspector, assuring APHIS ignated as rust-resistant in § 301.38– that all nursery inspections have been 2(a)(1) of this subpart that are of less performed in accordance with this sec- than 2 years’ growth, and any seeds, tion. The statement must be submitted fruits, and other plant parts capable of by January 1st of each year, and must propagation from such plants. include a list of the nurseries inspected (2) Restricted movement. The following and found free of rust-susceptible regulated articles may be moved inter- plants. state into or through a protected area (f) The Administrator may remove a with a certificate issued and attached protected area from the list of des- in accordance with §§ 301.38–5 and ignated protected areas in paragraph 301.38–7 of this subpart: (i) Seed-propagated plants of at least (d) of this section if he or she deter- 2 years’ growth, clonally propagated mines that it no longer meets the cri- plants of any age, seeds, fruits, and teria of paragraph (a) or (b)(1) through other plant parts capable of propaga- (3) of this section. A hearing will be tion of the Berberis species and vari- held to resolve any conflict as to any eties designated as rust-resistant in material fact. Rules of practice for the § 301.38–2(a)(1) of this subpart; hearing shall be adopted by the Admin- (ii) Plants, seeds, fruits, and other istrator. plant parts capable of propagation of [54 FR 32791, Aug. 10, 1989, as amended at 55 the Mahoberberis and Mahonia species FR 29558, July 20, 1990; 57 FR 3118, Jan. 28, and varieties designated as rust-resist- 1992; 71 FR 5778, Feb. 3, 2006] ant in § 301.38–2(a)(2) of this subpart. (c) An inspector may issue a limited permit to allow a regulated article not with low brush and flat terrain, the inspec- eligible for certification under § 301.38– tors may be the maximum distance of 20 feet 4(b)(2) to move interstate into or apart if they can observe all plants growing through a protected area to a specified within 10 feet of them. In areas of high plant destination that is stated in the permit growth or hilly terrain, the inspectors must and is outside the protected area, if the be closer together due to limited or ob- requirements of all other applicable structed visibility. Inspectors must observe Federal domestic plant quarantines are all plants growing between themselves and the mid-point of the distance between them- met. A regulated article moved inter- selves and the next inspector. This process state under a limited permit must be must be repeated so that the entire band, placed in a closed sealed container that measured from the border of the property to prevents unauthorized removal of the the circumference of an imaginary circle regulated article, and that remains having the property as its mid-point, is vis- sealed until the regulated article ually inspected in this manner. reaches the final destination stated in

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the permit. At the final destination, (c) Certificates for interstate move- the sealed container must be opened ment of regulated articles may be only in the presence of an inspector or issued by an inspector to a person oper- with the authorization of an inspector ating under a compliance agreement obtained expressly for that shipment. for use with subsequent shipments of (d) The United States Department of regulated articles to facilitate their Agriculture may move any regulated movement. A person operating under a article interstate into or through a compliance agreement must make the protected area in accordance with the determinations set forth in paragraph conditions determined necessary to (b) of this section before shipping any prevent the introduction or spread of regulated articles. black stem rust in protected areas, as (d) Any certificate that has been specified in a Departmental permit issued may be withdrawn by an inspec- issued for this purpose. tor, orally or in writing, if he or she de- [54 FR 32791, Aug. 10, 1989, as amended at 67 termines that the holder of the certifi- FR 8180, Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006] cate has not complied with the conditions of this subpart for the use of the § 301.38–5 Assembly and inspection of certificate. If the withdrawal is oral, regulated articles: issuance and cancellation of certificates. the inspector will confirm the withdrawal and the reasons for the with- (a) Any person, other than a person drawal, in writing, within 20 days of authorized to issue certificates under oral notification of the withdrawal. paragraph (c) of this section, who de- Any person whose certificate has been sires to move interstate a regulated ar- withdrawn may appeal the decision, in ticle that must be accompanied by a certificate under § 301.38–4(b), shall, as writing within 10 days after receiving far in advance of the desired interstate written notification of the withdrawal. movement as possible (and no less than The appeal must state all of the facts 48 hours before the desired interstate and reasons upon which the person re- movement), request an inspector 5 to lies to show that the certificate was issue a certificate. To expedite the wrongfully withdrawn. A hearing will issuance of a certificate, an inspector be held to resolve any conflict as to may direct that the regulated articles any material fact. An appeal shall be be assembled in a manner that facili- granted or denied, in writing, as tates inspection. promptly as circumstances allow, and (b) An inspector may issue a certifi- the reasons for the decision shall be cate for the interstate movement of a stated. In a non-protected area, appeal regulated article if he or she: shall be made to the Administrator. (1) Determines, upon examination, The Administrator shall adopt rules of that the regulated article may be practice for the hearing. The certifi- moved interstate in accordance with cate will remain withdrawn pending de- this subpart; and cision of the appeal. (2) Determines that the regulated article may be moved interstate in ac- [54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 67 FR 8180, Feb. 22, cordance with all other Federal domes- 2002] tic plant quarantines and regulations applicable to the regulated article. § 301.38–6 Compliance agreements and cancellation. 5 Services of an inspector may be requested (a) Any State may enter into a writ- by contacting a local APHIS office (listed in telephone directories under Animal and ten compliance agreement with any Plant Health Inspection Service (APHIS), person who grows or handles regulated Plant Protection and Quarantine). The ad- articles in a protected area, or moves dresses and telephone numbers of local of- interstate regulated articles from a fices may also be obtained by writing to the protected area, under which that per- Animal and Plant Health Inspection Service, son agrees to comply with this subpart, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road to provide inspectors with information Unit 134, Riverdale, Maryland 20737–1236. concerning the source of any regulated

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articles acquired each year, and to pre- (2) The certificate may be attached vent the unauthorized use of certifi- to the accompanying waybill or other cates issued for future use under the shipping document if the regulated ar- compliance agreement. 6 ticle is identified and described on the (b) A compliance agreement may be certificate or waybill. cancelled by an inspector, orally or in (b) The carrier must furnish the cer- writing, whenever he or she determines tificate to the consignee at the destina- that the person who has entered into tion of the regulated article. the compliance agreement has failed to comply with the agreement or this sub- § 301.38–8 Costs and charges. part. If the cancellation is oral, the The services of an inspector 4 during cancellation and the reasons for the normal business hours, Monday cancellation will be confirmed, in writ- through Friday, 8 a.m. to 4:30 p.m., will ing, within 20 days of oral notification be furnished without cost to persons of the cancellation. Any person whose requiring the services. The United compliance agreement has been can- States Department of Agriculture will celled may appeal the decision, in writ- not be responsible for any other costs ing, within 10 days after receiving writ- or charges. ten notification of the cancellation. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. The appeal must state all of the facts 18, 1989] and reasons upon which the person relies to show that the compliance agree- Subpart E—Gypsy Moth ment was wrongfully cancelled. A hearing will be held to resolve any conflict as to any material fact. An appeal shall SOURCE: 58 FR 39423, July 23, 1993, unless otherwise noted. Redesignated at 84 FR 2428, be granted or denied, in writing, as Feb. 7, 2019. promptly as circumstances allow, and the reasons for the decision shall be § 301.45 Notice of quarantine; restric- stated. In a non-protected area, appeal tion on interstate movement of shall be made to the Administrator. specified regulated articles. The Administrator shall adopt rules of (a) Notice of quarantine. Pursuant to practice for the hearing. The compli- the provisions of , sections 411, 412, 414, ance agreement will remain cancelled 431, and 434 of the Plant Protection Act pending decision of the appeal. (7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 57 FR 3118, Jan. 28, quarantines the States of Connecticut, 1992; 59 FR 67608, Dec. 30, 1994] Delaware, District of Columbia, Illi- nois, Indiana, Maine, Maryland, Massa- § 301.38–7 Attachment and disposition chusetts, Michigan, New Hampshire, of certificates. New Jersey, New York, North Carolina, (a) The certificate required for the Ohio, Pennsylvania, Rhode Island, interstate movement of a regulated ar- Vermont, Virginia, West Virginia, and Wisconsin in order to prevent the ticle must, at all times during the spread of the gypsy moth, Lymantria interstate movement, be attached to dispar (Linnaeus), a dangerous insect the outside of the container containing injurious to forests and shade trees and the regulated article except as follows: not theretofore widely prevalent or dis- (1) The certificate may be attached tributed within or throughout the to the regulated article itself if it is United States; and establishes regula- not in container; or tions governing the interstate movement from generally infested areas of 6 In non-protected areas, compliance agree- the quarantined States of regulated ar- ments may be arranged by contacting a local ticles and outdoor household articles office of the Animal and Plant Health In- defined in § 301.45–1. spection Service (APHIS), Plant Protection (b) Restrictions on the interstate move- and Quarantine, or by writing to the Animal and Plant Health Inspection Service, Plant ment of regulated articles and outdoor Protection and Quarantine, Domestic and household articles. No common carrier Emergency Operations, 4700 River Road Unit or other person may move interstate 134, Riverdale, Maryland 20737–1236. from any generally infested area any

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regulated article or outdoor household in accordance with Section II, ‘‘Survey article except in accordance with the Procedures—Gypsy Moth,’’ of the conditions prescribed in this subpart. Gypsy Moth Treatment Manual show that the average number of gypsy [58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 FR 38280, July 16, moths caught per trap in the second 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, delimiting survey (when comparable July 17, 2001] geographical areas and trapping den- sities are used) is: (1) Less than 10, and § 301.45–1 Definitions. (2) less than the average number of Terms used in the singular form in gypsy moths caught per trap in the this subpart shall be construed as the first survey. plural, and vice versa, as the case may Eradication program. A program that demand. The following terms, when uses pesticide application, biological used in this subpart, shall be con- controls, or other methods with the strued, respectively, to mean: goal of eliminating gypsy moth from a Administrator. The Administrator, particular area. Animal and Plant Health Inspection General infestation. (1) The detection Service, or any person authorized to of gypsy moth egg masses through vis- act for the Administrator. ual inspection by an inspector during a Animal and Plant Health Inspection 10-minute walk through the area; how- Service. The Animal and Plant Health ever, it does not include the presence of Inspection Service of the U.S. Depart- gypsy moth egg masses which are ment of Agriculture (APHIS). found as a result of hitchhiking on Associated equipment. Articles associ- transitory means of conveyance; or ated and moved with mobile homes and (2) The detection of gypsy moth recreational vehicles, such as, but not through multiple catches of adult limited to, awnings, tents, outdoor fur- gypsy moths at multiple trapping loca- niture, trailer blocks, and trailer tions in the area over a period of 2 or skirts. more consecutive years, if the Admin- Bark. The tough outer covering of the istrator determines, after consulting woody stems of trees, shrubs, and other with the State plant regulatory offi- woody plants as distinguished from the cial, that gypsy moth is established in cambium and inner wood. the area. Bark products. Products containing Generally infested area. Any State, or pieces of bark including bark chips, portion thereof, listed as a generally bark nuggets, bark mulch, and bark infested area in § 301.45–3 or tempo- compost. rarily designated as a generally in- Certificate. A Plant Protection and fested area in accordance with § 301.45– Quarantine-approved form, stamp, or 2(c). document issued and signed by an in- Gypsy moth. The live insect known as spector, or by a qualified certified ap- the gypsy moth, Lymantria dispar (Lin- plicator or by any other person oper- naeus), in any life stage (egg, larva, ating in accordance with a compliance pupa, adult). agreement, affirming that a specified Inspector. Any employee of APHIS, a regulated article is eligible for inter- State government, or any other person, state movement in accordance with authorized by the Administrator in ac- this subpart. cordance with law to enforce the provi- Compliance agreement. A written sions of the quarantine and regulations agreement between APHIS and a per- in this subpart. A person operating son engaged in growing, handling, or under a compliance agreement is not moving regulated articles, in which the an inspector. person agrees to comply with the pro- Interstate. From any State into or visions of this subpart. through any other State. Effectively diminishing. An eradication Limited permit. A document in which program is considered to be effectively an inspector or a person operating diminishing the gypsy moth population under a compliance agreement affirms of an area if the results of two succes- that the regulated article identified on sive annual Federal or State delimiting the document is eligible for interstate trapping surveys of the area conducted movement in accordance with § 301.45–5

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only to the specified destination and the movement of outdoor household ar- only in accordance with the specified ticles and mobile homes. 1 conditions. Recreational vehicles. Highway vehi- Mobile home. Any vehicle, other than cles, including pickup truck campers, a recreational vehicle, designed to one-piece motor homes, and travel serve, when parked, as a dwelling or trailers, designed to serve as tem- place of business. porary places of dwelling. Regulated articles. (1) Trees without Move (movement, moved). Shipped, of- roots (e.g., Christmas trees), trees with fered for shipment to a common car- roots, and shrubs with roots and per- rier, received for transportation or sistent woody stems, unless they are transported by a common carrier, or greenhouse grown throughout the year. carried, transported, moved, or allowed (2) Logs, pulpwood, and bark and to be moved by any means. ‘‘Move- bark products. ment’’ and ‘‘moved’’ shall be construed (3) Mobile homes and associated in accordance with this definition. equipment. OHA document. The self-inspection (4) Any other products, articles, or checklist portion of USDA–APHIS Pro- means of conveyance, of any character gram Aid Number 2065, ‘‘Don’t Move whatsoever, when it is determined by Gypsy Moth,’’ completed and signed by an inspector that any life stage of the owner of an outdoor household ar- gypsy moth is in proximity to such article (OHA) affirming that the owner ticles and the articles present a high has inspected the OHA for life stages of risk of artificial spread of gypsy moth gypsy moth in accordance with the infestation and the person in possession thereof has been so notified. procedures in the program aid. State. Any State, Territory, or Dis- Outdoor household articles. Articles trict of the United States including associated with a household that have Puerto Rico. been kept outside the home such as Treatment manual. The provisions awnings, barbecue grills, bicycles, currently contained in the Gypsy Moth boats, dog houses, firewood, garden Program Manual. 2 tools, hauling trailers, outdoor fur- Under the direction of. Monitoring niture and toys, recreational vehicles treatments to assure compliance with and associated equipment, and tents. the requirements in this subpart. Person. Any individual, partnership, Under the direct supervision of a quali- corporation, company, society, associa- fied certified applicator. An inspection or tion, or other organized group. treatment is considered to be applied Qualified certified applicator. Any indi- under the direct supervision of a quali- vidual (1) certified pursuant to the Fed- fied certified applicator if the inspec- eral Insecticide, Fungicide, and tion or treatment is performed by a Rodenticide Act (FIFRA) (7 U.S.C. 136i) person acting under the instructions of a qualified certified applicator who is as a certified commercial applicator in available if and when needed, even a category allowing use of the re- though such qualified certified appli- stricted use pesticides Spray N Kill cator is not physically present at the (EPA Registration No. 8730–30), Ficam time and place the inspection or treat- W (EPA Registration No. 45639–1), and ment occurred. acephate (Orthene ®); (2) who has at- tended and completed a workshop ap- [58 FR 39423, July 23, 1993, as amended at 59 proved by the Administrator on the FR 67608, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, identification and treatment of gypsy July 19, 2006; 72 FR 70764, Dec. 13, 2007; 78 FR moth life stages on outdoor household 24666, Apr. 26, 2013] articles and mobile homes; and (3) who has entered into a compliance agree- 1 Names of qualified certified applicators ment in accordance with § 301.45–6 of may be obtained from State departments of this part for the purpose of inspecting, agriculture. treating, and issuing certificates for 2 The Gypsy Moth Program Manual may be viewed on the Internet at http:// www.aphis.usda.gov/importlexport/plants/ manuals/domestic/downloads/gypsylmoth.pdf.

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§ 301.45–2 Authorization to designate generally infested area in accordance and terminate designation of gen- with the criteria specified in paragraph erally infested areas. (a) of this section. An inspector will (a) Generally infested areas. The Ad- give written notice of the designation ministrator shall list as generally in- to the owner or person in possession of fested areas in § 301.45–3 each State or the area and thereafter, the interstate each portion thereof in which a gypsy movement of any regulated article moth general infestation has been from such areas is subject to the appli- found by an inspector, or each portion cable provisions of this subpart. As of a State which the Administrator soon as practicable, each generally in- deems necessary to regulate because of fested area will be added to the list in its proximity to infestation or its in- § 301.45–3 or the designation will be ter- separability for quarantine enforce- minated by the Administrator or an ment purposes from infested localities; authorized inspector, and notice there- Except that, an area shall not be listed of shall be given to the owner or person as a generally infested area if the Ad- in possession of the areas. ministrator has determined that: (d) Termination of designation as a (1) The area is subject to a gypsy generally infested area. The Adminis- moth eradication program conducted trator shall terminate the designation by the Federal government or a State of any area as a generally infested area government in accordance with the whenever the Administrator deter- Eradication, Suppression, and Slow the mines that the area no longer requires Spread alternative of the Final Envi- designation under the criteria specified ronmental Impact Statement (FEIS) in paragraph (a) of this section. on Gypsy Moth Suppression and Eradi- [58 FR 39423, July 23, 1993, as amended at 72 cation Projects that was filed with the FR 70764, Dec. 13, 2007] United States Environmental Protec- tion Agency on January 16, 1996; and, § 301.45–3 Generally infested areas. (2) State or Federal delimiting trap- (a) The areas described below are des- ping surveys conducted in accordance ignated as generally infested areas: with Section II, ‘‘Survey Procedures— Gypsy Moth’’ of the Gypsy Moth Treat- CONNECTICUT ment Manual show that the average number of gypsy moths caught per trap The entire State. is less than 10 and that the trapping surveys show that the eradication pro- DELAWARE gram is effectively diminishing the The entire State. gypsy moth population of the area. (b) Less than an entire State will be DISTRICT OF COLUMBIA designated as a generally infested area only if the Administrator has deter- The entire district. mined that: (1) The State has adopted and is en- ILLINOIS forcing a quarantine or regulation Cook County. The entire county. which imposes restrictions on the Du Page County. The entire county. intrastate movement of the regulated Lake County. The entire county. articles which are substantially the McHenry County. The entire county. same as those which are imposed with respect to the interstate movement of INDIANA such articles under this subpart; and, (2) The designation of less than the Allen County. The entire county. entire State as a generally infested De Kalb County. The entire county. area will be adequate to prevent the ar- Elkhart County. The entire county. tificial interstate spread of infesta- LaGrange County. The entire county. tions of the gypsy moth. LaPorte County. The entire county. (c) Temporary designation of areas as Noble County. The entire county. generally infested areas. The Adminis- Porter County. The entire county. trator or an inspector may temporarily St. Joseph County. The entire county. designate any area in any State as a Steuben County. The entire county.

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MAINE tion, Greenbush, Greenfield, Grind- stone, Hampden, Hermon, Hersey Androscoggin County. The entire coun- Town, Holden, Hopkins Academy ty. Aroostook County. The townships of Grant, Howland, Hudson, Indian Pur- Amity, Bancroft, Benedicta, Cary chase, Kenduskeag, Kingman, La- Plantation, Crystal, Dyer Brook, grange, Lakeville, Lee, Levant, Lin- Forkstown, Glenwood Plantation, coln, Long A, Lowell, Haynesville, Hodgdon, Houlton, Is- Mattamiscontis, Mattawamkeag, land Falls, Linneus, Macwahoc Plan- Maxfield, Medway, Milford, tation, Molunkus, New Limerick, Millinocket, Mount Chase, New- North Yarmouth Academy Grant, burgh, Newport, Old Town City, Oakfield, Orient, Reed Plantation, Orono, Orrington, Passadumkeag, Sherman, Silver Ridge, Upper Patten, Plymouth, Prentiss Planta- Molunkus, Weston, T1 R5 WELS, T2 tion, Seboeis Plantation, R4 WELS, T3 R3 WELS, T3 R4 WELS, Soldiertown, Springfield, Stacyville, T4 R3 WELS, and TA R2 WELS. Stetson, Summit, Veazie, Veazie Cumberland County. The entire county. Gore, Webster Plantation, Winn, Franklin County. Avon, Carthage, Woodville, T1 ND, T1 R6 WELS, T1 R8 Chesterville, Coplin Plantation, WELS, T2 R8 NWP, T2 R8 WELS, T2 Crockertown, Dallas Plantation, R9 NWP, T3 R1 NBPP, T3 R9 NWP, T5 Davis, Eustis, Farmington, Freeman, R1 NBPP, T5 R8 WELS, T6 R8 WELS, Industry, Jay, Jerusalem, Kingfield, TA R7, TA R8, TA R9, and the por- Lang, Madrid, Mount Abraham, New tion of T3 R8 within the boundaries Sharon, New Vineyard, Perkins, Phil- of Baxter State Park. lips, Rangeley, Rangeley Plantation, Piscataquis County. The townships of Redington, Salem, Sandy River Plan- Abbot, Atkinson, Barnard, Blanchard tation, Strong, Temple, Township 6 Plantation, Bowerbank, Brownville, North of Weld, Township D, Township Dover-Foxcroft, Elliotsville, Green- E, Washington, Weld, Wilton, and ville, Guilford, Katahdin Iron Works, Wyman. Kingsbury Plantation, Lakeview Hancock County. The entire county. Plantation, Medford, Milo, Monson, Kennebec County. The entire county. Mount Katahdin, Nesourdnahunk, The entire county. Knox County. Orneville, Parkman, Sangerville, Lincoln County. The entire county. Sebec, Shirley, Trout Brook, Wel- Oxford County. The townships of lington, Williamsburg, Willimantic, Adamstown, Albany, Andover, Andover T1 R9 WELS, T1 R10 WELS, T1 R11 North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, WELS, T2 R10 WELS, T2 R9 WELS, Byron, Canton, Denmark, Dixfield, T3 R10 WELS, T4 R9 NWP, T4 R9 Fryeburg, Gilead, Grafton, Greenwood, WELS, T5 R9 NWP, T5 R9 WELS, T6 Hanover, Hartford, Hebron, Hiram, R10 WELS, T7 R9 NWP, TA R10 Lincoln Plantation, Lovell, Lower WELS, TA R11 WELS, TB R10 WELS, Cupsuptic, Magalloway Plantation, TB R11 WELS, and the portion of T4 Mason Plantation, Mexico, Milton R10 WELS within the boundaries of Plantation, Newry, Norway, Oxford, Baxter State Park. Paris, Parkerstown, Peru, Porter, Sagadahoc County. The entire county. Richardsontown, Riley, Roxbury, Somerset County. The townships of Rumford, Stoneham, Stow, Sumner, Anson, Athens, Bald Mountain, Sweden, Upton, Waterford, Woodstock, Bigelow, Bingham, Bowtown, Brigh- C, and C Surplus. ton Plantation, Cambridge, Canaan, Penobscot County. The townships of Caratunk, Carrying Place, Carrying Alton, Argyle, Bangor City, Bradford, Place Town, Concord Plantation, Bradley, Brewer City, Burlington, Cornville, Dead River, Detroit, East Carmel, Carroll Plantation, Charles- Moxie, Embden, Fairfield, Harmony, ton, Chester, Clifton, Corinna, Cor- Hartland, Highland Plantation, Lex- inth, Dexter, Dixmont, Drew Planta- ington Plantation, Lower Enchanted, tion, E. Millinocket, Eddington, Ed- Madison, Mayfield, Mercer, Moscow, inburg, Enfield, Etna, Exeter, Gar- Moxie Gore, New Portland, land, Glenburn, Grand Falls Planta- Norridgewock, Palmyra, Pierce Pond,

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Pittsfield, Pleasant Ridge Planta- Columbiana County. The entire county. tion, Ripley, Skowhegan, Smithfield, Coshocton County. The entire county. Solon, St. Albans, Starks, The Forks Crawford County. The entire county. Plantation, West Forks Plantation, Cuyahoga County. The entire county. and T3 R4 BKP WKR. Defiance County. The entire county. Waldo County. The entire county. Delaware County. The entire county. Washington County. The entire county. Erie County. The entire county. York County. The entire county. Fairfield County. The entire county. Franklin County. The entire county. MARYLAND Fulton County. The entire county. The entire county. The entire State. Geauga County. Guernsey County. The entire county. MASSACHUSETTS Harrison County. The entire county. Henry County. The entire county. The entire State. Hocking County. The entire county. Holmes County. The entire county. MICHIGAN Huron County. The entire county. The entire State. Jefferson County. The entire county. Knox County. The entire county. MINNESOTA Lake County. The entire county. Licking County. The entire county. Cook County. The entire county. Lorain County. The entire county. Lake County. The entire county. Lucas County. The entire county. NEW HAMPSHIRE Mahoning County. The entire county. Marion County. The entire county. The entire State. Medina County. The entire county. Monroe County. The entire county. NEW JERSEY Morgan County. The entire county. The entire State. Morrow County. The entire county. Muskingum County. The entire county. NEW YORK Noble County. The entire county. Ottawa County. The entire county. The entire State. Perry County. The entire county. Portage County. The entire county. NORTH CAROLINA Richland County. The entire county. Currituck County. The entire county. Sandusky County. The entire county. Dare County. The area bounded by a Seneca County. The entire county. line beginning at the intersection of Stark County. The entire county. State Road 1208 and Roanoke Sound; Summit County. The entire county. then easterly along this road to its Trumbull County. The entire county. junction with State Road 1206; then Tuscarawas County. The entire county. southerly along this road to its inter- Vinton County. The entire county. section with U.S. Highway Business Washington County. The entire county. 158; then easterly along an imaginary Wayne County. The entire county. line to its intersection with the Atlan- Williams County. The entire county. tic Ocean; then northwesterly along Wood County. The entire county. the coastline to its intersection with the Dare-Currituck County line; then PENNSYLVANIA westerly along this county line to its The entire State. intersection with the Currituck Sound; then southeasterly along this sound to RHODE ISLAND the point of beginning. The entire State. OHIO VERMONT Ashland County. The entire county. Ashtabula County. The entire county. The entire State. Athens County. The entire county. VIRGINIA Belmont County. The entire county. Carroll County. The entire county. City of Alexandria. The entire city.

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City of Bedford. The entire city. Essex County. The entire county. City of Buena Vista. The entire city. Fairfax County. The entire county. City of Charlottesville. The entire city. Fauquier County. The entire county. City of Chesapeake. The entire city. Floyd County. The entire county. City of Colonial Heights. The entire city. Fluvanna County. The entire county. City of Covington. The entire city. Franklin County. The entire county. City of Danville. The entire city. Frederick County. The entire county. City of Emporia. The entire city. Giles County. The entire county. City of Fairfax. The entire city. Gloucester County. The entire county. City of Falls Church. The entire city. Goochland County. The entire county. City of Franklin. The entire city. Greene County. The entire county. City of Fredericksburg. The entire city. Greensville County. The entire county. City of Hampton. The entire city. Halifax County The entire county. City of Harrisonburg. The entire city. Hanover County. The entire county. City of Hopewell. The entire city. Henrico County. The entire county. City of Lexington. The entire city. Highland County. The entire county. City of Lynchburg. The entire city. Isle of Wight County. The entire county. City of Manassas. The entire city. James City County. The entire county. City of Manassas Park. The entire city. King and Queen County. The entire City of Newport News. The entire city. county. City of Norfolk. The entire city. King George County. The entire county. City of Petersburg. The entire city. King William County. The entire coun- City of Poquoson. The entire city. ty. City of Portsmouth. The entire city. Lancaster County. The entire county. City of Radford. The entire city. Loudoun County. The entire county. City of Richmond. The entire city. Louisa County. The entire county. City of Roanoke. The entire city. Lunenburg County. The entire county. City of Salem. The entire city. Madison County. The entire county. City of South Boston. The entire city. Mathews County. The entire county. City of Staunton. The entire city. Mecklenburg County The entire county. City of Suffolk. The entire city. Middlesex County. The entire county. City of Virginia Beach. The entire city. Montgomery County. The entire county. City of Waynesboro. The entire city. Nelson County. The entire county. City of Williamsburg. The entire city. New Kent County. The entire county. City of Winchester. The entire city. Northampton County. The entire coun- Accomack County. The entire county. ty. Albemarle County. The entire county. Northumberland County. The entire Alleghany County. The entire county. county. Amelia County. The entire county. Nottoway County. The entire county. Amherst County. The entire county. Orange County. The entire county. Appomattox County. The entire county. Page County. The entire county. Arlington County. The entire county. Pittsylvania County. The entire county. Augusta County. The entire county. Powhatan County. The entire county. Bath County. The entire county. Prince Edward County. The entire coun- Bedford County. The entire county. ty. Bland County. The entire county. Prince George County. The entire coun- Botetourt County. The entire county. ty. Brunswick County. The entire county. Prince William County. The entire coun- Buckingham County. The entire county. ty. Campbell County. The entire county. Pulaski County. The entire county. Caroline County. The entire county. Rappahannock County. The entire coun- Charles City County. The entire county. ty. Charlotte County. The entire county. Richmond County. The entire county. Chesterfield County. The entire county. Roanoke County. The entire county. Clarke County. The entire county. Rockbridge County. The entire county. Craig County. The entire county. Rockingham County. The entire county. Culpeper County. The entire county. Shenandoah County. The entire county. Cumberland County. The entire county. Southampton County. The entire coun- Dinwiddie County. The entire county. ty.

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Spotsylvania County. The entire county. Bayfield County. The entire county. Stafford County. The entire county. Brown County. The entire county. Surry County. The entire county. Calumet County. The entire county. Sussex County. The entire county. Clark County. The entire county. The entire county. Tazewell County. Columbia County. The entire county. Warren County. The entire county. Westmoreland County. The entire coun- Dane County. The entire county. ty. Dodge County. The entire county. York County. The entire county. Door County. The entire county. Florence County. The entire county. WEST VIRGINIA Fond du Lac County. The entire county. Barbour County. The entire county. Forest County. The entire county. Berkeley County. The entire county. Green Lake County. The entire county. Braxton County. The entire county. Iowa County. The entire county. Brooke County. The entire county. Iron County. The entire county. Calhoun County. The entire county. Jackson County. The entire county. Doddridge County. The entire county. Jefferson County. The entire county. Fayette County. The entire county. Juneau County. The entire county. Gilmer County. The entire county. Kenosha County. The entire county. Grant County. The entire county. Kewaunee County. The entire county. Greenbrier County. The entire county. Hampshire County. The entire county. Langlade County. The entire county. Harrison County. The entire county. Lincoln County. The entire county. Hancock County. The entire county. Manitowoc County. The entire county. Hardy County. The entire county. Marathon County. The entire county. Jackson County. The entire county. Marinette County. The entire county. Jefferson County. The entire county. Marquette County. The entire county. Lewis County. The entire county. Menominee County. The entire county. Marion County. The entire county. Milwaukee County. The entire county. Marshall County. The entire county. Monroe County. The entire county. McDowell County. The entire county. Oconto County. The entire county. Mercer County. The entire county. Mineral County. The entire county. Oneida County. The entire county. Monongalia County. The entire county. Outagamie County. The entire county. Monroe County. The entire county. Ozaukee County. The entire county. Morgan County. The entire county. Portage County. The entire county. Nicholas County. The entire county. Price County. The entire county. Ohio County. The entire county. Racine County. The entire county. Pendleton County. The entire county. Rock County. The entire county. Pleasants County. The entire county. Sauk County. The entire county. Pocahontas County. The entire county. Shawano County. The entire county. Preston County. The entire county. Sheboygan County. The entire county. Raleigh County. The entire county. Randolph County. The entire county. Vilas County. The entire county. Ritchie County. The entire county. Walworth County. The entire county. Summers County. The entire county. Washington County. The entire county. Taylor County. The entire county. Waukesha County. The entire county. Tucker County. The entire county. Waupaca County. The entire county. Tyler County. The entire county. Waushara County. The entire county. Upshur County. The entire county. Winnebago County. The entire county. Webster County. The entire county. Wood County. The entire county. Wetzel County. The entire county. Wirt County. The entire county. [58 FR 39423, July 23, 1993] Wood County. The entire county. EDITORIAL NOTE: For FEDERAL REGISTER ci- Wyoming County. The entire county. tations affecting § 301.45–3, see the List of CFR Sections Affected, which appears in the WISCONSIN Finding Aids section of the printed volume Adams County. The entire county. and at www.govinfo.gov. Ashland County. The entire county.

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§ 301.45–4 Conditions governing the (iii) Is moved with a tag or label se- interstate movement of regulated curely attached to the outside of the articles and outdoor household arti- container containing the article or se- cles from generally infested areas. curely attached to the article itself if (a) Regulated articles and outdoor not in a container, and with such tag household articles from generally in- or label bearing a permit number cor- fested areas. (1) A regulated article, ex- responding to the number of the permit cept for an article moved in accordance issued for such article. with paragraph (c) of this section, shall (2) The article is logs, pulpwood, or not be moved interstate from any gen- bark and bark products, and the person erally infested area into or through moving the article has attached a any area that is not generally infested signed accurate statement to the way- unless a certificate or permit has been bill or other shipping documents ac- issued and attached to such regulated companying the article stating that he article in accordance with §§ 301.45–5 or she has inspected the article in ac- and 301.45–8. 3 cordance with the Gypsy Moth Pro- (2) An outdoor household article shall gram Manual no more than 5 days prior not be moved interstate from any gen- to the date of movement and has found erally infested area into or through no life stages of gypsy moth on the ar- any area that is not generally infested ticle. unless a certificate or OHA document [58 FR 39423, July 23, 1993, as amended at 70 has been issued and attached to such FR 33268, June 7, 2005; 71 FR 40878, July 19, outdoor household article in accord- 2006; 72 FR 70764, Dec. 13, 2007; 80 FR 12917, ance with §§ 301.45–5 and 301.45–8. Mar. 12, 2015] (b) A regulated article originating outside of any generally infested area § 301.45–5 Issuance and cancellation of may be moved interstate directly certificates, limited permits, and through any generally infested area outdoor household article docu- without a certificate or permit if the ments. point of origin of the article is clearly (a) A certificate may be issued by an indicated by shipping documents, its inspector for the movement of a regu- identity has been maintained, and it lated article or an outdoor household has been safeguarded against infesta- article (OHA) if the inspector deter- tion while in any generally infested mines that it is eligible for certifi- area during the months of April cation for movement to any destina- through August. tion under all Federal domestic plant (c) A regulated article originating in quarantines applicable to such article a generally infested area may be moved and: interstate from a generally infested (1) It has originated in noninfested area without a certificate if it complies premises in a generally infested area with (1) or (2) of this paragraph: and has not been exposed to the gypsy (1) The article is moved by the U.S. moth while within the generally in- Department of Agriculture for experi- fested area; or mental or scientific purposes, and: (2) The inspector inspects the article (i) Is moved pursuant to a permit no more than 5 days prior to the date issued for each article by the Adminis- of movement during the months of trator; April through August (14 days prior to (ii) Is moved in accordance with con- the date of movement from September ditions specified on the permit and through March) and finds it to be free found by the Administrator to be ade- of the gypsy moth; or quate to prevent the dissemination of (3) It has been treated under the di- the gypsy moth, i.e., conditions of rection of an inspector to destroy the treatment, processing, shipment, and gypsy moth in accordance with the disposal; and treatment manual and part 305 of this chapter; or 3 Requirements under all other applicable (4) It has been grown, produced, man- Federal domestic plant quarantines must ufactured, stored, or handled in such a also be met. manner that no infestation would be

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transmitted thereby as determined by (1) That the article has been in- an inspector. spected by the qualified certified appli- (b) Limited permits may be issued by cator and found to be free of any life an inspector to allow interstate move- stage of the gypsy moth; or ment of any regulated article under (2) That the article has been treated this subpart to specified destinations by, or treated under the direct super- for specified handling, utilization, vision of, the qualified certified appli- processing, or treatment in accordance cator to destroy any life stage of the with the treatment manual, when, gypsy moth in accordance with meth- upon evaluation of all of the cir- ods and procedures prescribed in sec- cumstances involved in each case, the tion III of the Gypsy Moth Program Administrator determines that such Manual. (e) An OHA document may be issued movement will not result in the spread by the owner of an outdoor household of the gypsy moth because life stages article for the interstate movement of of the moths will be destroyed by such the article if such person has inspected specified handling, utilization, proc- the outdoor household article and has essing or treatment, or the pest will found it to be free of any life stage of not survive in areas to which shipped, gypsy moth. and the requirements of all other appli- (f) Any certificate or permit which cable Federal domestic plant quar- has been issued or authorized may be antines have been met. withdrawn by an inspector if he deter- (c) Certificate and limited permit mines that the holder thereof has not forms may be issued by an inspector to complied with any condition for the any person for use for subsequent ship- use of such document. The reasons for ments of regulated articles provided the withdrawal shall be confirmed in the person is operating under a compli- writing as promptly as circumstances ance agreement. Any person operating permit. Any person whose certificate under a compliance agreement may re- or permit has been withdrawn may ap- produce the forms as needed to attach peal the decision in writing to the Ad- them to regulated articles moved under ministrator within ten (10) days after a compliance agreement. Any person receiving the written notification of operating under a compliance agree- the withdrawal. The appeal shall state ment may execute and issue the cer- all of the facts and reasons upon which tificate forms or reproduction of such the person relies to show that the cer- forms, for the interstate movement of tificate or permit was wrongfully with- regulated articles from the premises of drawn. The Administrator shall grant such person identified in the compli- or deny the appeal, in writing, stating ance agreement, if the person has the reasons for his decision as prompt- treated such regulated articles as spec- ly as circumstances permit. If there is ified in the compliance agreement, and a conflict as to any material fact, a if the regulated articles are eligible for hearing shall be held to resolve such certification for movement to any des- conflict. Rules of practice concerning tination under all applicable Federal such a hearing will be adopted by the domestic plant quarantines. Any per- Administrator. son operating under a compliance (Approved by the Office of Management and agreement may execute and issue the Budget under control number 0579–0088) limited permit forms, or reproductions [58 FR 39423, July 23, 1993, as amended at 59 of such forms, for the interstate move- FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, ment of regulated articles to specified 2005] destinations when an inspector has made the determinations specified in § 301.45–6 Compliance agreement and paragraph (b) of this section. cancellation thereof. (d) A certificate may be issued by a (a) Any person engaged in the busi- qualified certified applicator for the ness of growing, handling, or moving interstate movement of any outdoor regulated articles may enter into a household article or mobile home if compliance agreement to facilitate the such qualified certified applicator de- movement of such articles under this termines the following: subpart. Qualified certified applicators

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must enter into compliance agree- a certificate issued in accordance with ments, in accordance with the defini- § 301.45–5 shall, at least 14 days before tion of qualified certified applicator in the desired movement, request an in- § 301.45–1. A compliance agreement spector to examine the article prior to shall specify safeguards necessary to movement. Persons who desire to move prevent spread of the gypsy moth, such interstate an outdoor household article as disinfestation practices or applica- or a mobile home accompanied by a tion of chemical materials in accord- certificate issued by a qualified cer- ance with the treatment manual and tified applicator in accordance with part 305 of this chapter. Compliance § 301.45–5(d) shall request a qualified agreement forms may be obtained from certified applicator to examine the ar- the Administrator or an inspector. ticle prior to movement. Such articles (b) Any compliance agreement may shall be assembled at such point and in be canceled by the inspector who is su- such manner as the inspector or quali- pervising its enforcement, orally or in fied certified applicator designates to writing, whenever the inspector finds facilitate inspection. An owner who that such person has failed to comply wants to move outdoor household arti- with the conditions of the agreement. cles interstate may self-inspect the ar- If the cancellation is oral, the decision ticles and issue an OHA document in and the reasons therefore shall be con- accordance with § 301.45–5(e). firmed in writing, as promptly as circumstances permit. Any person whose [58 FR 39423, July 23, 1993, as amended at 72 compliance agreement has been can- FR 70764, Dec. 13, 2007] celed may appeal the decision in writ- § 301.45–8 Attachment and disposition ing to the Administrator within ten of certificates, limited permits, and (10) days after receiving written notifi- outdoor household article docu- cation of the cancellation. The appeal ments. shall state all of the facts and reasons (a) A certificate, limited permit, or upon which the person relies to show OHA document required for the inter- that the compliance agreement was state movement of a regulated article wrongfully canceled. The Adminis- or outdoor household article must at trator shall grant or deny the appeal, all times during such movement be se- in writing, stating the reasons for such curely attached to the outside of the decision, as promptly as circumstances container containing the regulated ar- permit. If there is a conflict as to any ticle or outdoor household article, se- material fact, a hearing shall be held curely attached to the article itself if to resolve such conflict. Rules of prac- not in a container, or securely at- tice concerning such a hearing will be tached to the consignee’s copy of the adopted by the Administrator. waybill or other shipping document: (Approved by the Office of Management and Provided, however, That the require- Budget under control number 0579–0088) ments of this section may be met by [58 FR 39423, July 23, 1993, as amended at 59 attaching the certificate, limited per- FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, mit, or OHA document to the con- 2005] signee’s copy of the waybill or other shipping document only if the regu- § 301.45–7 Assembly and inspection of lated article or outdoor household arti- regulated articles and outdoor cle is sufficiently described on the cer- household articles. tificate, limited permit, OHA docu- Persons (other than those authorized ment or shipping document to identify to use certificates or limited permits, such article. or reproductions thereof, under § 301.45– (b) The certificate, limited permit, or 5(c)) who desire to move interstate a OHA document for the movement of a regulated article which must be accom- regulated article or outdoor household panied by a certificate or permit shall, article shall be furnished by the carrier at least 7 days before the desired move- to the consignee at the destination of ment, request an inspector to examine the shipment. the article prior to movement. Persons (c) Any qualified certified applicator who desire to move interstate an out- who issues a certificate or OHA docu- door household article accompanied by ment shall at the time of issuance send

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a copy of the certificate or OHA docu- (2) Noncompliance with any of the ment to the APHIS State Plant Health provisions of this subpart or with stip- Director for the State in which the ulations agreed on in the compliance document is issued. agreement between the certified applicator and the Administrator. (Approved by the Office of Management and (b) The disqualification is effective Budget under control number 0579–0088) upon oral or written notification, [58 FR 39423, July 23, 1993, as amended at 59 whichever is earlier. The reasons for FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, the disqualification shall be confirmed 2007] in writing as promptly as circumstances permit, unless contained in § 301.45–9 Inspection and disposal of the written notification. Any qualified regulated articles and pests. certified applicator who is disqualified Any properly identified inspector is from issuing certificates may appeal authorized to stop and inspect, and to the decision in writing to the Adminis- seize, destroy, or otherwise dispose of, trator within ten (10) days after receiv- or require disposal of regulated arti- ing written notification of the disquali- cles, outdoor household articles, and fication. The appeal shall state all of gypsy moths as provided in sections the facts and reasons upon which the 414, 421, and 434 of the Plant Protection person relies to show that the disquali- Act (7 U.S.C. 7714, 7731, and 7754). fication was a wrongful action. The Ad- ministrator shall grant or deny the ap- [58 FR 39423, July 23, 1993, as amended at 66 peal, in writing, stating the reasons for FR 21050, Apr. 27, 2001] his decision as promptly as circumstances permit. If there is a con- § 301.45–10 Movement of live gypsy moths. flict as to any material fact, a hearing shall be held to resolve such conflict. Regulations requiring a permit for, Rules of practice concerning such a and otherwise governing the movement hearing will be adopted by the Admin- of, live gypsy moths in interstate or istrator. foreign commerce are contained in the Federal Plant Pest Regulations in part (Approved by the Office of Management and 330 of this chapter. Budget under control number 0579–0088) [58 FR 39423, July 23, 1993, as amended at 59 § 301.45–11 Costs and charges. FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, 2007] The services of the inspector shall be furnished without cost. The U.S. De- partment of Agriculture will not be re- Subpart F—Japanese Beetle sponsible for any costs or charges incident to inspections or compliance with SOURCE: 44 FR 24035, Apr. 24, 1979, unless the provisions of the quarantine and otherwise noted. Redesignated at 84 FR 2428, regulations in this subpart, other than Feb. 7, 2019. for the services of the inspector. QUARANTINE AND REGULATIONS

§ 301.45–12 Disqualification of quali- § 301.48 Notice of quarantine; quar- fied certified applicator to issue antine restrictions on interstate certificates. movement of regulated articles. (a) Any qualified certified applicator (a) Pursuant to the provisions of sec- may be disqualified from issuing cer- tions 411, 412, 414, 431, and 434 of the tificates by the Administrator if he de- Plant Protection Act (7 U.S.C. 7711, termines that one of the following has 7712, 7714, 7751, and 7754), the Secretary occurred: of Agriculture heretofore determined (1) Such person is not certified by a after public hearing to quarantine the State and/or the Federal government States of Alabama, Arkansas, Con- as a commercial certified applicator necticut, Delaware, Georgia, Illinois, under the Federal Insecticide, Fun- Indiana, Iowa, Kentucky, Maine, Mary- gicide, and Rodenticide Act (7 U.S.C. land, Massachusetts, Michigan, Min- 136i) in a category allowing the appli- nesota, Missouri, New Hampshire, New cation of restricted use pesticides. Jersey, New York, North Carolina,

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Ohio, Pennsylvania, Rhode Island, ciation, or other organized group of South Carolina, Tennessee, Vermont, any of the foregoing. Virginia, West Virginia, Wisconsin, and Regulated airport. Any airport or por- the District of Columbia in order to tions of an airport in a quarantined prevent the spread of the Japanese bee- State declared regulated in accordance tle, a dangerous insect injurious to cul- with provisions in § 301.48–2 of this sub- tivated crops and not theretofore wide- part. ly prevalent or distributed within or Regulated articles. Aircraft at or from throughout the United States. regulated airports. (b) No person shall move any regu- State. Any State, territory, or dis- lated article interstate from any regu- trict of the United States, including lated airport destined to any of the fol- Puerto Rico. lowing States except in accordance State Plant Regulatory Official. The with the conditions prescribed in this authorized official of a State who has subpart: Arizona, California, Colorado, responsibility for the operation of the Idaho, Montana, Nevada, Oregon, Utah, State plant regulatory program. and Washington. [44 FR 24035, Apr. 24, 1979, as amended at 61 [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 70 FR 33268, June 7, FR 32640, June 25, 1996; 66 FR 21050, Apr. 27, 2005] 2001; 68 FR 43614, July 24, 2003; 69 FR 40534, July 6, 2004; 71 FR 35493, June 21, 2006] § 301.48–2 Authorization to designate, and terminate designation of, regu- § 301.48–1 Definitions. lated airports. Terms used in the singular form in (a) An inspector may declare any air- this subpart shall be deemed to import port within a quarantined State to be a the plural and vice versa, as the case regulated airport when he or she deter- may demand. The following terms, mines that adult populations of Japa- when used in this subpart shall be con- nese beetle exist during daylight hours strued, respectively, to mean: at the airport to the degree that air- Administrator. The Administrator of craft constitute a threat to spread the the Animal and Plant Health Inspec- Japanese beetle and aircraft destined tion Service or any person authorized for the States listed in § 301.48(b) may to act for the Administrator. be leaving the airport. Animal and Plant Health Inspection (b) An inspector shall terminate the Service (APHIS). The Animal and Plant designation provided for under para- Health Inspection Service of the U.S. graph (a) of this section when he or she Department of Agriculture. determines that adult populations of Compliance agreement. A written Japanese beetle no longer exist at the agreement between the Animal and airport to the degree that the aircraft Plant Health Inspection Service and a pose a threat to spread the Japanese person engaged in the business of mov- beetle. ing regulated articles interstate, in [44 FR 24035, Apr. 24, 1979, as amended at 61 which the person agrees to comply FR 32640, June 25, 1996] with the provisions of this subpart. Inspector. Any employee of the Ani- § 301.48–3 Notification of designation, mal and Plant Health Inspection Serv- and termination of designation, of ice, U.S. Department of Agriculture, or regulated airports. other person, authorized by the Admin- Upon designating, or terminating the istrator to enforce the provisions of the designation of, an airport as regulated, quarantine and regulations in this sub- the inspector shall give written notice part. to the official in charge of the airport Interstate. From any State into or that the airport has been designated as through any other State. a regulated airport or that the designa- Japanese beetle. The live insect known tion has been terminated. The inspec- as the Japanese beetle (Popillia japonica tor shall also give the same informa- Newm.) in any stage of development tion in writing to the official at the (egg, larva, pupa, or adult). airport in charge of each airline or the Person. Any individual, corporation, operator of any other aircraft, which company, partnership, society, or asso- will move a regulated article to any

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State designated in § 301.48(b). The Ad- must be inspected immediately prior to ministrator shall also give the same in- and during the loading process. All per- formation to the State Plant Regu- sonnel must check their clothing im- latory Official of each State designated mediately prior to entering the air- in § 301.48(b) to which any regulated ar- craft. All Japanese beetles found must ticle will move. be removed and destroyed. [44 FR 24035, Apr. 24, 1979, as amended at 61 (3) All areas around doors and hatch- FR 32640, June 25, 1996] es or other openings in the aircraft must be inspected prior to removing § 301.48–4 Conditions governing the the exclusionary devices. All Japanese interstate movement of regulated beetles found must be removed and de- articles from quarantined States. stroyed. All doors and hatches must be A regulated article may be moved closed immediately after the exclu- interstate from a regulated airport to sionary devices are moved away from any State 1 designated in § 301.48(b) only the aircraft. if: (4) Aircraft must be treated in ac- (a) An inspector, upon visual inspec- cordance with part 305 of this chapter tion of the airport and/or the aircraft, no more than 1 hour before loading. determines that the regulated article Particular attention should be paid to does not present a threat to spread the the ball mat area and the holes around Japanese beetle because adult beetle the main entrance. The aircraft must populations are not present; or then be aerated under safeguard condi- (b) The aircraft is opened and loaded tions as required by part 305 of this only while it is enclosed inside a hang- chapter. ar that an inspector has determined to (5) Aircraft treatment records must be free of and safeguarded against Jap- be maintained by the applicator com- anese beetle; or pleting or supervising the treatment (c) The aircraft is loaded during the for a period of 2 years. These records hours of 8:00 p.m. to 7:00 a.m. only or must be provided upon request for re- lands and departs during those hours view by an inspector. Treatment and, in either situation, is kept com- records shall include the pesticide pletely closed while on the ground dur- used, the date of application, the loca- ing the hours of 7:00 a.m. to 8:00 p.m.; tion where the pesticide was applied or (airport and aircraft), the amount of (d) If opened and loaded between the pesticide applied, and the name of the hours of 7:00 a.m. to 8:00 p.m., the air- applicator. craft is inspected, treated, and safeguarded. Inspection, treatment, and (6) When a designated aircraft is re- safeguarding must be done either under placed with an alternate one just prior a compliance agreement in accordance to departure (the procedure known as with § 301.48–8 or under the direct su- ‘‘tail swapping’’), the alternate aircraft pervision of an inspector. On a case-by- must be inspected and all Japanese case basis, inspectors will determine beetles must be removed. The aircraft which of the following conditions, and must be safeguarded by closing all any supplemental conditions deemed openings and hatches or by equipping necessary by the Administrator to pre- the aircraft with exclusionary devices vent the spread of Japanese beetle, are until the aircraft is ready for use. Dur- required: ing loading, all treatment and safe- (1) All openings of the aircraft must guard requirements applicable to regu- be closed or safeguarded during the larly scheduled aircraft must be imple- hours of 7:00 a.m. to 8:00 p.m. by exclu- mented. sionary devices or by other means ap- (7) Aircraft may be retreated in the proved by the Administrator. noninfested State if live Japanese bee- (2) All cargo containers that have not tles are found. been safeguarded in a protected area (8) Notification of unscheduled commercial flights and of all military 1 Requirements under all other applicable flights must be given at least 1 hour Federal domestic plant quarantines must be before departure to the appropriate met. person in the destination airport of any

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of the States listed in § 301.48(b). Notifi- aircraft and to all areas where loading, cation of arriving military flights unloading, and treatment of aircraft should also be given to base com- occurs. manders to facilitate the entrance of (b) A compliance agreement may be Federal and/or State inspectors onto canceled by an inspector, orally or in the base if necessary. writing, whenever he or she determines [61 FR 32640, June 25, 1996, as amended at 61 that the person who has entered into FR 56404, Nov. 1, 1996; 70 FR 33268, June 7, the compliance agreement has failed to 2005] comply with the agreement or this subpart. If the cancellation is oral, the § 301.48–5 Inspection and disposal of cancellation and the reasons for the regulated articles and pests. cancellation will be confirmed in writ- Any properly identified inspector is ing within 20 days of oral notification. authorized to stop and inspect, and to Any person whose compliance agree- seize, destroy, or otherwise dispose of ment has been canceled may appeal the or require disposal of regulated articles decision, in writing, to the Adminis- and Japanese beetles as provided in trator within 10 days after receiving sections 414, 421, and 434 of the Plant written notification of the cancella- Protection Act (7 U.S.C. 7714, 7731, and tion. The appeal must state all of the 7754) in accordance with instructions facts and reasons upon which the per- issued by the Administrator. son relies to show that the compliance agreement was wrongfully canceled. A [44 FR 24035, Apr. 24, 1979, as amended at 61 hearing will be held to resolve any con- FR 32641, June 25, 1996; 66 FR 21051, Apr. 27, flict as to any material fact. The Ad- 2001] ministrator shall adopt rules of prac- § 301.48–6 Movement of live Japanese tice for the hearing. An appeal shall be beetles. granted or denied, in writing, as promptly as circumstances allow, and Regulations requiring a permit for the reasons for the decision shall be and otherwise governing the movement stated. The compliance agreement will of live Japanese beetles in interstate or remain canceled pending the decision foreign commerce are contained in the on the appeal. Federal Plant Pest Regulations in part 330 of this chapter. Applications for [61 FR 32641, June 25, 1996] permits for the movement of the pest may be made to the Administrator. Subpart G—Pine Shoot Beetle [44 FR 24035, Apr. 24, 1979, as amended at 61 [Reserved] FR 32641, June 25, 1996]

§ 301.48–7 Nonliability of the Depart- Subpart H—Asian Longhorned ment. Beetle The U.S. Department of Agriculture disclaims liability for any costs inci- SOURCE: 62 FR 10416, Mar. 7, 1997, unless dent to inspections or compliance with otherwise noted. Redesignated at 84 FR 2428, the provisions of the quarantine and Feb. 7, 2019. regulations in this subpart other than § 301.51–1 Definitions. for the services of the inspector. Administrator. The Administrator, § 301.48–8 Compliance agreements and Animal and Plant Health Inspection cancellation. Service, or any individual authorized (a) Any person engaged in the busi- to act for the Administrator. ness of moving regulated articles may Animal and Plant Health Inspection enter into a compliance agreement to Service (APHIS). The Animal and Plant facilitate the movement of such arti- Health Inspection Service of the United cles under this subpart. Any person States Department of Agriculture. who enters into a compliance agree- Asian longhorned beetle. The insect ment, and employees or agents of that known as Asian longhorned beetle person, must allow an inspector access (Anoplophora glabripennis) in any stage to all records regarding treatment of of development.

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Certificate. A document which is living, dead, cut, or fallen, inclusive of issued for a regulated article by an in- nursery stock, logs, stumps, roots, spector or by a person operating under branches, and debris of half an inch or a compliance agreement, and which more in diameter of the following gen- represents that such article is eligible era: Acer (maple), Aesculus (horse chest- for interstate movement in accordance nut), Albizia (mimosa), Betula (birch), with § 301.51–5(a). Cercidiphyllum (katsura), Fraxinus Compliance agreement. A written (ash), Koelreuteria (golden rain tree), agreement between APHIS and a per- Platanus (sycamore), Populus (poplar), son engaged in growing, handling, or Salix (willow), Sorbus (mountain ash), moving regulated articles that are and Ulmus (elm). moved interstate, in which the person (b) Any other article, product, or agrees to comply with the provisions of means of conveyance not covered by this subpart and any conditions im- paragraph (a) of this section if an in- posed under this subpart. spector determines that it presents a Infestation. The presence of the Asian risk of spreading Asian longhorned bee- longhorned beetle in any life stage. tle and notifies the person in posses- Inspector. Any employee of the Ani- sion of the article, product, or means of mal and Plant Health Inspection Serv- conveyance that it is subject to the re- ice, or other individual authorized by strictions of this subpart. the Administrator to enforce the provi- [62 FR 10416, Mar. 7, 1997, as amended at 62 sions of this subpart. FR 60764, Nov. 13, 1997; 68 FR 26985, May 19, Interstate. From any State into or 2003; 75 FR 34322, June 17, 2010; 76 FR 52542, through any other State. Aug. 23, 2011; 81 FR 39176, June 16, 2016] Limited permit. A document in which an inspector affirms that the regulated § 301.51–3 Quarantined areas. article not eligible for a certificate is (a) Except as otherwise provided in eligible for interstate movement only paragraph (b) of this section, the Ad- to a specified destination and in ac- ministrator will list as a quarantined cordance with conditions specified on area in paragraph (c) of this section, the permit. each State or each portion of a State in Moved (movement, move). Shipped, of- which the Asian longhorned beetle has fered for shipment, received for trans- been found by an inspector, in which portation, transported, carried, or al- the Administrator has reason to be- lowed to be moved, shipped, trans- lieve that the Asian longhorned beetle ported, or carried. is present, or that the Administrator Person. Any association, company, considers necessary to regulate because corporation, firm, individual, joint of its inseparability for quarantine en- stock company, partnership, society, forcement purposes from localities or any other legal entity. where Asian longhorned beetle has Quarantined area. Any State, or any been found. Less than an entire State portion of a State, listed in § 301.51–3(c) will be designated as a quarantined of this subpart or otherwise designated area only if the Administrator deter- as a quarantined area in accordance mines that: with § 301.51–3(b) of this subpart. (1) The State has adopted and is en- Regulated article. Any article listed in forcing restrictions on the intrastate § 301.51–2(a) of this subpart or otherwise movement of regulated articles that designated as a regulated article in ac- are equivalent to those imposed by this cordance with § 301.51–2(b) of this sub- subpart on the interstate movement of part. regulated articles; and State. The District of Columbia, Puer- (2) The designation of less than an to Rico, the Northern Mariana Islands, entire State as a quarantined area will or any State, territory, or possession of be adequate to prevent the artificial the United States. interstate spread of the Asian longhorned beetle. § 301.51–2 Regulated articles. (b) The Administrator or an inspec- The following are regulated articles: tor may temporarily designate any (a) Firewood (all hardwood species), nonquarantined area as a quarantined and green lumber and other material area in accordance with the criteria

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specified in paragraph (a) of this sec- northern boundary of the Massachusetts tion. The Administrator will give writ- Turnpike (I–90); then east along the northern ten notice of this designation to the boundary of the Massachusetts Turnpike (I– owner or person in possession of the 90) to the Auburn town boundary; then fol- nonquarantined area, or, in the case of low the Auburn town boundary northerly to the Worcester city boundary; continue along publicly owned land, to the person re- the Worcester city boundary until the sponsible for the management of the Shrewsbury town boundary; then follow the nonquarantined area. Thereafter, the entirety of the Shrewsbury town boundary interstate movement of any regulated until the point of beginning. article from an area temporarily designated as a quarantined area is sub- NEW YORK ject to this subpart. As soon as prac- New York City. That area in the boroughs of ticable, this area either will be added Brooklyn and Queens in the City of New to the list of designated quarantined York that is bounded by a line beginning at areas in paragraph (c) of this section, the point where the Brooklyn Battery Tun- or the Administrator will terminate nel intersects the Brooklyn shoreline of the the designation. The owner or person East River; then east and north along the in possession of, or, in the case of pub- shoreline of the East River to its intersection with the City of New York/Nassau Coun- licly owned land, the person respon- ty line; then southeast along the City of New sible for the management of, an area York/Nassau County line to its intersection for which the designation is terminated with the Grand Central Parkway; then west will be given written notice of the ter- on the Grand Central Parkway to the Jackie mination as soon as practicable. Robinson Parkway; then west on the Jackie (c) The following areas are des- Robinson Parkway to Park Lane; then south ignated as quarantined areas: on Park Lane to Park Lane South; then south and west on Park Lane South to 112th MASSACHUSETTS Street; then south on 112th Street to Atlan- tic Avenue; then west on Atlantic Avenue to Worcester County. The portion of Worcester 106th Street; then south on 106th Street to County, including portions or all of the mu- Liberty Avenue; then west on Liberty Ave- nicipalities of Worcester, Holden, West nue to Euclid Avenue; then south on Euclid Boylston, Boylston, Auburn, and Shrewsbury Avenue to Linden Boulevard; then west on that is bounded by a line starting at the Linden Boulevard to Canton Avenue; then intersection of Route 9 (Belmont Street) and west on Canton Avenue to the Prospect Ex- the eastern boundary of the town of Shrews- pressway; then north and west on the Pros- bury; then follow the Shrewsbury town boundary northerly until the Boylston town pect Expressway to the Gowanus Express- boundary; then follow the entirety of the way; then north and west on the Gowanus Boylston town boundary until it comes to Expressway; then north on Hamilton Avenue the West Boylston town boundary on the to the point of beginning. Massachusetts Department of Conservation Nassau and Suffolk Counties. That area in and Recreation Watershed property; then the villages of Amityville, West Amityville, along the West Boylston town boundary North Amityville, Babylon, West Babylon, until it intersects Manning Street; then Copiague, Lindenhurst, Massapequa, southwest on Manning Street in Holden to Massapequa Park, and East Massapequa; in Wachusett Street (Route 31); then south on the towns of Oyster Bay and Babylon; in the Wachusett Street to Highland Street (still counties of Nassau and Suffolk that is Route 31); then southwest on Highland bounded as follows: Beginning at a point Street to Main Street; then southeast on where West Main Street intersects the west Main Street to Bailey Road; then south on shoreline of Carlis Creek; then west along Bailey Road to Chapin Road; then south on West Main Street to Route 109; then north Chapin Road to its end; then continuing in a along Route 109 to Arnold Avenue; then southeasterly direction to Fisher Road; then northwest along Arnold Avenue to Albin Av- southwest on Fisher Road to Stonehouse Hill enue; then west along Albin Avenue to East Road; then south on Stonehouse Hill Road to John Street; then west along East John Reservoir Street; then southeast on Res- Street to Wellwood Avenue; then north along ervoir Street until it intersects the Worces- Wellwood Avenue to the Southern State ter city boundary; turn south on Oxford Parkway; then west along the Southern Street to Auburn Street; then southeast on State Parkway to Broadway; then south Auburn Street crossing under the Massachu- along Broadway to Hicksville Road; then setts Turnpike (I–90) and continuing south- south along Hicksville Road to Division Ave- east on Millbury Street; at the intersection nue; then south along Division Avenue to of Washington Street, turn northeast and South Oyster Bay; then east along the shore- continue along Washington Street to the line of South Oyster Bay to Carlis Creek;

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then along the west shoreline of Carlis Creek 302909H090, 302909K047, 302909I025, 012003E034, to the point of beginning. 302909K044, 304436.010, 302909H093, 302909B040, 012005I010, 025503B012, 302912E135, 302909F132, OHIO 302909K032, 304436A015, 302909H085, 302909F112, Clermont County. (1) The portion of 022003A078, 012003H102, 022003E020, 302909F131, Clermont County, including all of the mu- 302909K059, 302909B015, 302909F119, 302909F125, nicipalities of Tate and East Fork State 302909I096, 012003E023, 022003B038, 302909F022, Park, and the portions of the Township of 302909K108, 302909J041, 302909H088, 302909F113, Monroe that include the following land par- 302909I024, 012003E033, 012003E035, 302909B083, cels: 232609C094, 232609C113, 232609C215, 302909K031, 304436.009, 304436.005, 302909F114, 232609C085, 232609C128, 232609B224, 232609B188, 012003H101, 012003H100, 012003E011, 302909B070, 232609E223, 232609B215, 32609B193, 232609E075, 302909K099, 302909B103, 302909F122, 302909F127, 232609B161, 232609E156, 232609E245, 232609E037, 022003F034, 012003E024, 025503I058, 302909B076, 232609E074, 232609E230, 232609E031, 232609E220, 302909K028, 304436A016, 302909B064, 302909F111, 232609E232, 232609E240, 232609E239, 232609E241, 022003F018, 012003H104, 022003G023, 304436.011, 232609E175, 232609E228, 232609E250, 232609E235, 302909K042, 302909A039, 302909H091, 302909H097, 232609E238, 232609E227, 232609E242, 32609E226, 302909I023, 012003E036, 022003G022, 302909B038, 232609E249, 232609E236, 232609E234, 232609C217, 302909K052, 302909F121, 302909K071, 022003A076, 232609C040, 234715.008, 232609C227, 232609C222, 012003C027, 025503B016, 022003B043, 302909K094, 232609C092, 232609C093, 232609C129, 232609C098, 302909G116, 302909H081, 302909F126, 012005I005, 232609C195, 232609C100, 232609C169, 232609C136, 012003H094, 025503B017, 022003B044, 302909K092, 232609C097, 232609C139, 232609C148, 232609C042, 302909K106, 302909E106, 302909K053, 022003G014, 232609C150, 232609C182, 234715.009, 234715.005, 012003I072, 060224.026, 302909G110, 302909D107, 234715.006, 234715.001, 232609E246, 232609E247, 302909K061, 302909E115, 302909K058, 022003F019, 234715.004, 234715.003, 232609E222, 232609C228, 022003C062, 060224.009, 302909G109, 302909H018, 234425.001, 232609E233, 232609C170, 232609C216, 302909E016, 302909K057, 012003E038, 012003E030, 232609C196, 232609C105, 232609E237, 232609C225, 012003D009, 302909G121, 302909G127, 302909H017, 232609C091, 232609C197, 232609C218, 232609C198, 302909E014, 302912B150, 012003C061, 012003E047, 232609C041, 232609C212, 232609C194, 232609C214, 012003C078, 302909G108, 302909E013, 302909H080, 232609E224, 232609E231, 232609E248, 234715.007, 302909K027, 302909K066, 012003C028, 012003E046, 234715.002, 232609C120, 232609C226, 232609C229, 302909H099, 022003B042, 302909H020, 022005G014, 232609C043; and 302909K068, 012003C088, 022003B025, 302909G011, (2) The portions of the Townships of Bata- 302909H098, 302909H092, 012003E042, 012003E021, via and Stonelick that include the following 012003E045, 012005I007, 302909J067, 302909K105, land parcels: 302909I048, 304436.008, 302909H084, 302909G122, 302909G123, 302909G124, 302909G125, 302909K030, 022003B040, 012003H093, 025503D053, 302909G126. 022003B024, 302909G132, 304436A017, 304436.004, 302909F109, 012003E028, 012003C087, 012003H097, [62 FR 10416, Mar. 7, 1997] 022003C080, 302909G120, 302909K046, 302909H083, 302909F116, 012003E031, 012003C085, 022003B039, EDITORIAL NOTE: For FEDERAL REGISTER ci- 302909G128, 302909F120, 302909H095, 302909F104, tations affecting § 301.51–3, see the List of 012003E029, 012003C086, 022003F033, 302912E118, CFR Sections Affected, which appears in the 302909G119, 302909G115, 302909H082, 302909F115, Finding Aids section of the printed volume 012003E027, 302909G010, 022003F015, 302909B081, and at www.govinfo.gov. 302909G114, 302909H094, 302909I097, 012003E022, 022004H018, 022004H061, 302909E112, 302909B065, § 301.51–4 Conditions governing the 302909G130, 302909H096, 302909F107, 025503B015, interstate movement of regulated 012003H078, 022004H019, 302909E113, 302909G129, articles from quarantined areas. 304436A018, 302909F118, 302909I098, 012003E043, 302909G117, 304436A012, 302909E120, 302909B069, (a) Any regulated article may be 304436.007, 304436.003, 302909K109, 012003E032, moved interstate from a quarantined 302909G131, 302909F110, 302909E116, 302909J087, area only if moved under the following 302909H089, 302909F123, 302912E029, 012003E037, conditions: 302909F101, 022003A077, 302909E073, 302909J089, (1) With a certificate or limited per- 302909H086, 304436.002, 302909F021, 015503I058, mit issued and attached in accordance 302909F063, 022003A022, 302909E110, 304436A013, 304436A019, 304436.001, 302909F102, 012003E041, with §§ 301.51–5 and 301.51–8; 302909G133, 302909F130, 302909E102, 302909E097, (2) Without a certificate or limited 302909H029, 302909F117, 012005H008, 012003E039, permit if: 302909D109, 302909F129, 302909K084, 302909J091, (i) The regulated article is moved by 302909H087, 302909F124, 302909I099, 012003E026, the United States Department of Agri- 302909E043, 302909I095, 302909K055, 302909K051, culture for experimental or scientific 304436.006, 302909B093, 302909K028P, 012003E040, 302909D049, 022003A023, 302909K107, 302909J086, purposes; or 304436A020, 302909F128, 302909K110, 025503B013, (ii) The regulated article originates 302909E090, 302909E114, 302909K054, 304436A014, outside the quarantined area and is

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moved interstate through the quar- essary under section 414 of the Plant antined area under the following condi- Protection Act (7 U.S.C. 7714) 2 to pre- tions: vent the artificial spread of the Asian (A) The points of origin and destina- longhorned beetle; and tion are indicated on a waybill accom- (3) Is eligible for unrestricted move- panying the regulated article; and ment under all other Federal domestic (B) The regulated article is moved plant quarantines and regulations ap- through the quarantined area without plicable to the regulated articles. stopping, or has been stored, packed, or (b) An inspector or a person oper- handled at locations approved by an in- ating under a compliance agreement spector as not posing a risk of infesta- will issue a limited permit for the tion by Asian longhorned beetle; and interstate movement of a regulated ar- (C) The article has not been com- ticle not eligible for a certificate if he bined or commingled with other arti- or she determines that the regulated cles so as to lose its individual iden- article: tity. (1) Is to be moved interstate to a (b) When an inspector has probable specified destination for specific proc- cause to believe a person or means of essing, handling, or utilization (the conveyance is moving a regulated arti- destination and other conditions to be cle interstate, the inspector is author- listed on the limited permit), and this ized to stop the person or means of con- interstate movement will not result in veyance to determine whether a regu- the spread of Asian longhorned beetle lated article is present and to inspect because Asian longhorned beetle will the regulated article. Articles found to be destroyed by the specific processing, be infected by an inspector, and arti- handling, or utilization; and cles not in compliance with the regula- (2) It is to be moved in compliance tions in this subpart, may be seized, with any additional conditions that the quarantined, treated, subjected to Administrator may impose under sec- other remedial measures, destroyed, or tion 414 of the Plant Protection Act (7 otherwise disposed of. U.S.C. 7714) in order to prevent the spread of the Asian longhorned beetle; § 301.51–5 Issuance and cancellation of and certificates and limited permits. (3) Is eligible for unrestricted move- (a) An inspector 1 or person operating ment under all other Federal domestic under a compliance agreement will plant quarantines and regulations ap- issue a certificate for the interstate plicable to the regulated article. movement of a regulated article if he (c) An inspector shall issue blank cer- or she determines that the regulated tificates and limited permits to a per- article: son operating under a compliance (1)(i) Is apparently free of Asian agreement in accordance with § 301.51–6 longhorned beetle in any stage of de- or authorize reproduction of the cer- velopment, based on inspection of the tificates or limited permits on shipping regulated article; or containers, or both, as requested by the (ii) Has been grown, produced, manu- person operating under the compliance factured, stored, or handled in such a agreement. These certificates and lim- manner that, in the judgment of the in- ited permits may then be completed spector, the regulated article does not and used, as needed, for the interstate present a risk of spreading Asian movement of regulated articles that longhorned beetle; and have met all of the requirements of (2) Is to be moved in compliance with paragraph (a) or (b), respectively, of any additional conditions deemed nec- this section. (d) Any certificate or limited permit 1 Inspectors are assigned to local offices of may be canceled orally or in writing by APHIS, which are listed in local telephone directories. Information concerning such 2 An inspector may hold, seize, quarantine, local offices may also be obtained from the treat, apply other remedial measures to, Animal and Plant Health Inspection Service, destory, or otherwise dispose of plants, plant Plant Protection and Quarantine, Domestic pests, or other articles in accordance with and Emergency Operations, 4700 River Road sections 414, 421, and 434 of the Plant Protec- Unit 134, Riverdale, Maryland 20737–1236. tion Act (7 U.S.C. 7714, 7731, and 7754).

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an inspector whenever the inspector diately, and the cancellation and the determines that the holder of the cer- reasons for the cancellation will be tificate or limited permit has not com- confirmed in writing as soon as cir- plied with this subpart or any condi- cumstances permit. Any person whose tions imposed under this subpart. If the compliance agreement has been can- cancellation is oral, the cancellation celled may appeal the decision in writ- will become effective immediately, and ing to the Administrator within 10 days the cancellation and the reasons for after receiving the written cancella- the cancellation will be confirmed in tion notice. The appeal must state all writing as soon as circumstances per- of the facts and reasons that the person mit. Any person whose certificate or wants the Administrator to consider in limited permit has been cancelled may deciding the appeal. A hearing may be appeal the decision in writing to the held to resolve a conflict as to any ma- Administrator within 10 days after re- terial fact. Rules of practice for the ceiving the written cancellation no- hearing will be adopted by the Admin- tice. The appeal must state all of the istrator. As soon as practicable, the facts and reasons that the person wants Administrator will grant or deny the the Administrator to consider in decid- appeal, in writing, stating the reasons ing the appeal. A hearing may be held for the decision. to resolve a conflict as to any material fact. Rules of practice for the hearing § 301.51–7 Assembly and inspection of will be adopted by the Administrator. regulated articles. As soon as practicable, the Adminis- (a) Persons requiring certification or trator will grant or deny the appeal, in other services must request the serv- writing, stating the reasons for the de- ices from an inspector 4 at least 48 cision. hours before the services are needed. [62 FR 10416, Mar. 7, 1997, as amended at 66 (b) The regulated articles must be as- FR 21051, Apr. 27, 2001] sembled at the place and in the manner that the inspector designates as nec- § 301.51–6 Compliance agreements and essary to comply with this subpart. cancellation. (a) Persons engaged in growing, han- § 301.51–8 Attachment and disposition dling, or moving regulated articles of certificates and limited permits. interstate may enter into a compliance (a) A regulated article must be plain- agreement 3 if such persons review with ly marked with the name and address an inspector each stipulation of the of the consignor and the name and ad- compliance agreement. Any person who dress of the consignee and must have enters into a compliance agreement the certificate or limited permit issued with APHIS must agree to comply with for the interstate movement of a regu- the provisions of this subpart and any lated article securely attached at all conditions imposed under this subpart. times during interstate movement to: (b) Any compliance agreement may be canceled orally or in writing by an (1) The outside of the container en- inspector whenever the inspector deter- casing the regulated article; mines that the person who has entered (2) The article itself, if it is not in a into the compliance agreement has not container; or complied with this subpart or any con- (3) The consignee’s copy of the ac- ditions imposed under this subpart. If companying waybill; Provided, that the cancellation is oral, the cancella- the description of the regulated article tion will become effective imme- on the certificate or limited permit, and on the waybill, are sufficient to 3 Compliance agreements may be initiated identify the regulated article; and by contacting a local office of APHIS. The (b) The carrier must furnish the cer- addresses and telephone numbers of local of- tificate or limited permit authorizing fices are listed in local telephone directories interstate movement of a regulated ar- and may also be obtained from the Animal ticle to the consignee at the destina- and Plant Health Inspection Service, Plant tion of the shipment. Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737–1236. 4 See footnote 1 to § 301.51–5.

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§ 301.51–9 Costs and charges. (9) Kenaf, including all parts of the plants. The services of the inspector during (10) Okra, including all parts of these normal business hours will be furnished plants, except: without cost to persons requiring the (i) Canned or frozen okra; or services. The user will be responsible (ii) Okra seed; and for all costs and charges arising from (iii) Fresh, edible fruits of okra: inspection and other services provided (A) During December 1 through May outside of normal business hours. 15 if moved interstate, but only during January 1 through March 15 if moved Subpart I—Pink Bollworm to California. (B) During May 16 through November SOURCE: 32 FR 16385, Nov. 30, 1967, unless 30, if moved interstate to any portion otherwise noted. Redesignated at 84 FR 2428, of Illinois, Kentucky, Missouri, or Vir- Feb. 7, 2019. ginia that is north of the 38th parallel; or to any destination in Colorado, Con- QUARANTINE AND REGULATIONS necticut, Delaware, District of Colum- bia, Idaho, Indiana, Iowa, Kansas, § 301.52 Quarantine; restriction on interstate movement of specified Maine, Maryland, Massachusetts, regulated articles. Michigan, Minnesota, Montana, Ne- braska, New Hampshire, New Jersey, (a) Notice of quarantine. The following New York, North Dakota, Ohio, Or- States are quarantined to prevent the egon, Pennsylvania, Rhode Island, spread of the pink bollworm South Dakota, Utah, Vermont, Wash- (Pectinophora gossypiella (Saund.)): Ari- ington, West Virginia, Wisconsin, or zona, California, New Mexico, and Wyoming. Texas. (11) Any other product, article, or (b) Regulated articles. No common car- means of conveyance not covered by rier or other person shall move inter- paragraphs (b)(1) through (10) of this state from any quarantined State any section, when an inspector determines regulated article, except in accordance that it presents a risk of spread of the with this subpart. The following are pink bollworm and the person in pos- regulated articles: session of the product, article, or (1) Cotton and wild cotton, including means of conveyance has actual notice all parts of these plants. that it is subject to the restrictions of (2) Seed cotton. this subpart. (3) Cottonseed. (4) American-Egyptian (long-staple) [32 FR 16385, Nov. 30, 1967] varieties of cotton lint, linters, and EDITORIAL NOTE: For FEDERAL REGISTER ci- lint cleaner waste; except: 1 tations affecting § 301.52, see the List of CFR (i) American-Egyptian cotton lint, Sections Affected, which appears in the linters, and lint cleaner waste com- Finding Aids section of the printed volume pressed to a density of at least 22 and at www.govinfo.gov. pounds per cubic foot. § 301.52–1 Definitions. (ii) Trade samples of American-Egyp- tian cotton lint and linters. Terms used in the singular form in (5) Cotton waste produced at cotton this subpart shall be deemed to import gins and cottonseed oil mills. the plural, and vice versa, as the case (6) Cotton gin trash. may demand. The following terms, (7) Used bagging and other used wrap- when used in this subpart, shall be con- pers for cotton. strued, respectively to mean: (8) Used cotton harvesting equipment Certificate. A document issued or au- and used cotton ginning and used cot- thorized to be issued under this subpart ton oil mill equipment. by an inspector to allow the interstate movement of regulated articles to any destination. 1 The articles hereby exempted remain subject to applicable restrictions under other Compliance agreement. A written quarantines and must have not been exposed agreement between a person engaged in to pink bollworm infestation after ginning or growing, handling, or moving regulated compression as prescribed. articles, and the Plant Protection and

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Quarantine Programs, wherein the (Pectinophora gossypiella Saund.), in former agrees to comply with the re- any stage of development. quirements of this subpart identified in Regulated area. Any quarantined the agreement by the inspector who State, territory, or district, or any por- executes the agreement on behalf of tion thereof, listed as a regulated area the Plant Protection and Quarantine in § 301.52–2a by the Deputy Adminis- Programs as applicable to the oper- trator in accordance with § 301.52–2(a). ations of such person. Regulated articles. Any articles de- Deputy Administrator. The Deputy Ad- scribed in § 301.52(b). ministrator of the Plant Protection Restricted destination permit. A docu- and Quarantine Programs, Animal and ment issued or authorized to be issued Plant Health Inspection Service, U.S. by an inspector to allow the interstate Department of Agriculture, or any movement of regulated articles not other officer or employee of said Serv- certified under all applicable Federal ice to whom authority to act in his domestic plant quarantines to a speci- stead has been or may hereafter be del- fied destination for other than sci- egated. entific purposes. Generally infested area. Any part of a Scientific permit. A document issued regulated area not designated as a sup- by the Deputy Administrator to allow pressive area in accordance with the interstate movement to a specified § 301.52–2. destination of regulated articles for Infestation. The presence of the pink scientific purposes. bollworm or the existence of cir- Suppressive area. That part of a regu- cumstances that make it reasonable to lated area where eradication of infesta- believe that pink bollworm is present. tion is undertaken as an objective, as Inspector. Any employee of the Plant designated by the Deputy Adminis- Protection and Quarantine Programs, trator under § 301.52–2(a). Animal and Plant Health Inspection Service, U.S. Department of Agri- [32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, culture, or other person authorized by 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, the Deputy Administrator to enforce July 17, 1987; 67 FR 34818, May 16, 2002; 70 FR the provisions of the quarantine and 33268, June 7, 2005] regulations in this subpart. Interstate. From any State, territory, § 301.52–2 Authorization for Deputy or district of the United States into or Administrator to list regulated through any other State, territory, or areas and suppressive or generally district of the United States (including infested areas. Puerto Rico). The Deputy Administrator shall pub- Limited permit. A document issued or lish and amend from time to time as authorized to be issued by an inspector the facts warrant, the following lists: to allow the interstate movement of (a) List of regulated areas and suppres- noncertified regulated articles to a sive or generally infested areas. The Dep- specified destination for limited han- uty Administrator shall list as regu- dling, utilization, or processing or for lated areas in a supplemental regula- treatment. tion designated as § 301.52–2a, the quar- Moved (movement, move). Shipped, of- antined States, territories, or districts, fered for shipment to a common car- or portions thereof, in which pink rier, received for transportation or bollworm has been found or in which transported by a common carrier, or there is reason to believe that pink carried, transported, moved, or allowed bollworm is present, or which it is to be moved by any means. ‘‘Move- deemed necessary to regulate because ment’’ and ‘‘move’’ shall be construed of their proximity to infestation or accordingly. their inseparability for quarantine en- Person. Any individual, corporation, forcement purposes from infested local- company, society, or association, or ities. The Deputy Administrator, in the other organized group of any of the supplemental regulation, may divide foregoing. any regulated area into a suppressive Pink bollworm. The live insect known area and a generally infested area in as the pink bollworm of cotton accordance with the definitions thereof

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in § 301.52–1. Less than an entire quar- (2) Suppressive area. None. antined State, territory, or district [42 FR 13533, Mar. 11, 1977] will be designated as a regulated area only if the Deputy Administrator is of EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 301.52–2a, see the List of the opinion that: CFR Sections Affected, which appears in the (1) The State, territory, or district Finding Aids section of the printed volume has adopted and is enforcing a quar- and at www.govinfo.gov. antine or regulations which imposes restrictions on the intrastate movement § 301.52–3 Conditions governing the of the regulated articles which are sub- interstate movement of regulated stantially the same as those which are articles from quarantined States. 2 imposed with respect to the interstate Any regulated articles may be moved movement of such articles under this interstate from any quarantined State subpart; and under the following conditions: (2) The designation of less than the (a) From any regulated area, with entire State, territory, or district, as a certificate or permit issued and at- regulated area will otherwise be ade- tached in accordance with §§ 301.52–4 quate to prevent the interstate spread and 301.52–7 if moved: of the pink bollworm. (1) From any regulated area into or through any point outside of the regu- [32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987] lated areas; or (2) From any generally infested area § 301.52–2a Regulated areas; suppres- into or through any suppressive area; sive and generally infested areas. or The civil divisions and part of civil (3) Between any noncontiguous sup- divisions described below are des- pressive areas; or ignated as pink bollworm regulated (4) Between contiguous suppressive areas within the meaning of the provi- areas when it is determined by the in- sions of this subpart; and such regu- spector that the regulated articles lated areas are hereby divided into gen- present a hazard of the spread of the erally infested areas or suppressive pink bollworm and the person in pos- areas as indicated below. session thereof has been so notified; or (b) From any regulated area, without ARIZONA certificate or permit if moved; (1) Generally infested area. Entire State. (1) From a generally infested area to (2) Suppressive area. None. a contiguous generally infested area; or (2) From a suppressive area to a con- CALIFORNIA tiguous generally infested area; or (1) Generally infested area. (3) Between contiguous suppressive Imperial County. The entire county. areas unless the person in possession of Inyo County. The entire county. the articles has been notified by an in- Los Angeles County. The entire county. spector that a hazard of spread of the Orange County. The entire county. pink bollworm exists; or Riverside County. The entire county. San Bernardino County. The entire county. (4) Through or reshipped from any San Diego County. The entire county. regulated area if the articles origi- (2) Suppressive area. nated outside of any regulated area and Fresno County. The entire county. if the point of origin of the articles is Kern County. The entire county. clearly indicated, their identity has Kings County. The entire county. been maintained and they have been Madera County. The entire county. safeguarded against infestation while Merced County. The entire county. in the regulated area in a manner sat- San Benito County. The entire county. Tulare County. The entire county. isfactory to the inspector; or (c) From any area outside the regu- NEW MEXICO lated areas, without a certificate or (1) Generally infested area. Entire State. permit if the point of origin of such (2) Suppressive area. None. 2 Requirements under all other applicable TEXAS Federal domestic plant quarantines must (1) Generally infested area. Entire State. also be met.

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movement is clearly indicated on the the interstate movement of regulated articles or shipping document which articles for scientific purposes under accompanies the articles and if the such conditions as may be prescribed in movement is not made through any each specific case by the Deputy Ad- regulated area. ministrator. [32 FR 16385, Nov. 30, 1967, as amended at 52 (e) Certificate, limited permit, and FR 26943, July 17, 1987; 70 FR 33268, June 7, restricted destination permit forms 2005] may be issued by an inspector to any person for use by the latter for subse- § 301.52–4 Issuance and cancellation of quent shipments provided such person certificates and permits. is operating under a compliance agree- (a) Certificates may be issued for any ment; and any such person may be au- regulated articles by any inspector if thorized by an inspector to reproduce he determines that they are eligible for such forms on shipping containers or certification for movement to any des- otherwise. Any such person may use tination under all Federal domestic the certificate forms, or reproductions plant quarantines applicable to such of such forms, for the interstate move- articles and: ment of regulated articles from the (1) Have originated in noninfested premises of such person identified in premises in a regulated area and have the compliance agreement if such per- not been exposed to infestation while son has made one of the determination within the regulated areas; or specified in paragraph (a) of this sec- (2) Upon examination, have been tion with respect to such articles. Any found to be free of infestation; or such person may use the limited per- (3) Have been treated to destroy in- mit forms, or reproductions of such festation in accordance with part 305 of forms, for interstate movement of reg- this chapter; or ulated articles to specific destinations (4) Have been grown, produced, manu- authorized by the inspector in accord- factured, stored, or handled in such ance with paragraph (b) of this section. manner that no infestation would be Any such person may use the restricted transmitted thereby. destination permit forms, or reproduc- (b) Limited permits may be issued by tions of such forms, for the interstate an inspector to allow interstate move- movement of regulated articles not eli- ment of regulated articles, not eligible gible for certification under all Federal for certification under this subpart, to domestic plant quarantines applicable specified destinations for limited han- to such articles, under the conditions dling, utilization, or processing, or for specified in paragraph (c) of this sec- treatment in accordance with part 305 tion. of this chapter, when upon evaluation (f) Any certificate or permit which of the circumstances involved in each has been issued or authorized may be specific case the inspector determines withdrawn by the inspector if the in- that such movement will not result in spector determines that the holder the spread of the pink bollworm and re- thereof has not complied with any con- quirements of other applicable Federal dition for the use of such document im- domestic plant quarantines have been posed by this subpart. met. (c) Restricted destination permits [32 FR 16385, Nov. 30, 1967, as amended at 70 may be issued by an inspector to allow FR 33268, June 7, 2005] the interstate movement of regulated articles to any destination permitted § 301.52–5 Compliance agreements; and under all applicable Federal domestic cancellation thereof. plant quarantines (for other than sci- (a) Any person engaged in the busi- entific purposes) if such articles are ness of growing, handling, or moving not eligible for certification under all regulated articles may enter into a such quarantines but would otherwise compliance agreement to facilitate the qualify for certification under this sub- movement of such articles under this part. subpart. Compliance agreement forms (d) Scientific permits may be issued may be obtained from the Deputy Ad- by the Deputy Administrator to allow ministrator or an inspector.

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(b) Any compliance agreement may 7754), in accordance with instructions be cancelled by the inspector who is su- issued by the Deputy Administrator. pervising its enforcement whenever the [32 FR 16385, Nov. 30, 1967, as amended at 66 inspector finds, after notice and rea- FR 21051, Apr. 27, 2001] sonable opportunity to present views has been accorded to the other party § 301.52–9 Movement of live pink thereto, that such other party has bollworms. failed to comply with the conditions of Regulations requiring a permit for, the agreement. and otherwise governing the movement [32 FR 16385, Nov. 30, 1967, as amended at 70 of live pink bollworms in interstate or FR 33268, June 7, 2005] foreign commerce are contained in the Federal Plant Pest regulations in part § 301.52–6 Assembly and inspection of 330 of this chapter. Applications for regulated articles. permits for the movement of the pest Persons (other than those authorized may be made to the Deputy Adminis- to use certificates, limited permits, or trator. restricted destination permits, or reproductions thereof, under § 301.52–4(e)) § 301.52–10 Nonliability of the Depart- who desire to move interstate regu- ment. lated articles which must be accom- The U.S. Department of Agriculture panied by a certificate or permit shall, disclaims liability for any costs inci- as far in advance as possible, request dent to inspections or compliance with an inspector to examine the articles the provisions of the quarantine and prior to movement. Such articles shall regulations in this subpart, other than be assembled at such points and in for the services of the inspector. such manner as the inspector designates to facilitate inspection. Subpart J—Emerald Ash Borer § 301.52–7 Attachment and disposition of certificates or permits. SOURCE: 68 FR 59088, Oct. 8, 2003, unless otherwise noted. Redesignated at 84 FR 2428, (a) If a certificate or permit is re- Feb. 7, 2019.

quired for the interstate movement of EFFECTIVE DATE NOTE: At 85 FR 81095, Dec. regulated articles, the certificate or 15, 2020, Subpart J, consisting of §§ 301.53–1 permit shall be securely attached to through 301.53–9, is removed and reserved, ef- the outside of the container in which fective Jan. 14, 2021. such articles are moved, except that, where the certificate or permit is at- § 301.53–1 Definitions. tached to the waybill or other shipping Administrator. The Administrator, document, and the regulated articles Animal and Plant Health Inspection are adequately described on the certifi- Service, or any individual authorized cate, permit, or shipping document, the to act for the Administrator. attachment of the certificate or permit Animal and Plant Health Inspection to each container of the articles is not Service (APHIS). The Animal and Plant required. Health Inspection Service of the United (b) In all cases, certificates or per- States Department of Agriculture. mits shall be furnished by the carrier Certificate. A document that is issued to the consignee at the destination of for a regulated article by an inspector the shipment. or by a person operating under a compliance agreement and that represents § 301.52–8 Inspection and disposal of that such article is eligible for inter- regulated articles and pests. state movement in accordance with Any properly identified inspector is § 301.53–5(a). authorized to stop and inspect, and to Compliance agreement. A written seize, destroy, or otherwise dispose of, agreement between APHIS and a per- or require disposal of regulated articles son engaged in growing, handling, or and pink bollworms as provided sec- moving regulated articles that are tions 414, 421, and 434 of the Plant Pro- moved interstate, in which the person tection Act (7 U.S.C. 7714, 7731, and agrees to comply with the provisions of

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this subpart and any conditions im- (b) Any other article, product, or posed under this subpart. means of conveyance not listed in para- Emerald ash borer. The insect known graph (a) of this section may be des- as emerald ash borer (Agrilus ignated as a regulated article if an in- planipennis [Coleoptera: Buprestidae]) spector determines that it presents a in any stage of development. risk of spreading emerald ash borer and Infestation. The presence of the emer- notifies the person in possession of the ald ash borer or the existence of cir- article, product, or means of convey- cumstances that make it reasonable to ance that it is subject to the restric- believe that the ash borer is present. tions of the regulations. Inspector. Any employee of the Ani- [68 FR 59088, Oct. 8, 2003, as amended at 70 FR mal and Plant Health Inspection Serv- 252, Jan. 4, 2005] ice, or other individual authorized by the Administrator to enforce the provi- § 301.53–3 Quarantined areas. sions of this subpart. (a) Except as otherwise provided in Interstate. From any State into or paragraph (b) of this section, the Ad- through any other State. ministrator will list as a quarantined Limited permit. A document in which area in paragraph (c) of this section an inspector or a person operating each State or each portion of a State in under a compliance agreement affirms which the emerald ash borer has been that the regulated article not eligible found by an inspector, in which the Ad- for a certificate is eligible for inter- ministrator has reason to believe that state movement only to a specified des- the emerald ash borer is present, or tination and in accordance with condi- that the Administrator considers nec- tions specified on the permit. essary to regulate because of its in- Moved (movement, move). Shipped, of- separability for quarantine enforce- fered for shipment, received for trans- ment purposes from localities where portation, transported, carried, or al- emerald ash borer has been found. Less lowed to be moved, shipped, trans- than an entire State will be designated ported, or carried. as a quarantined area only if the Ad- Person. Any association, company, ministrator determines that: corporation, firm, individual, joint (1) The State has adopted and is en- stock company, partnership, society, forcing restrictions on the intrastate movement of regulated articles that or any other legal entity. are equivalent to those imposed by this Quarantined area. Any State, or any subpart on the interstate movement of portion of a State, listed in § 301.53–3(c) regulated articles; and or otherwise designated as a quar- (2) The designation of less than an antined area in accordance with entire State as a quarantined area will § 301.53–3(b). be adequate to prevent the artificial Regulated article. Any article listed in interstate spread of the emerald ash § 301.53–2(a) or otherwise designated as borer. a regulated article in accordance with (b) The Administrator or an inspec- § 301.53–2(b). tor may temporarily designate any State. The District of Columbia, Puer- nonquarantined area as a quarantined to Rico, the Northern Mariana Islands, area in accordance with the criteria or any State, territory, or possession of specified in paragraph (a) of this sec- the United States. tion. The Administrator will give written notice of this designation to the § 301.53–2 Regulated articles. owner or person in possession of the The following are regulated articles: nonquarantined area, or, in the case of (a) The emerald ash borer; firewood publicly owned land, to the person re- of all hardwood (non-coniferous) spe- sponsible for the management of the cies; nursery stock, green lumber, and nonquarantined area. Thereafter, the other material living, dead, cut, or fall- interstate movement of any regulated en, including logs, stumps, roots, article from an area temporarily des- branches, and composted and ignated as a quarantined area is sub- uncomposted chips of the genus ject to this subpart. As soon as prac- Fraxinus. ticable, this area either will be added

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to the list of designated quarantined north along the west fence line of RFNWR to areas in paragraph (c) of this section, the east fence line of National Renewable or the Administrator will terminate Energy Laboratory, Wind Technology Center the designation. The owner or person to CO–128 (West 120th Avenue) to the Boulder County line. in possession of, or, in the case of pub- Weld County. The Township of Erie. licly owned land, the person responsible for the management of, an area Connecticut for which the designation is terminated The entire State. will be given written notice of the termination as soon as practicable. District of Columbia (c) The following areas are des- The entire district. ignated as quarantined areas: Georgia Arkansas Clayton County. The entire county. Ashley County. The entire county. Cobb County. The entire county. Bradley County. The entire county. Calhoun County. The entire county. DeKalb County. The entire county. Clark County. The entire county. Fayette County. The entire county. Cleveland County. The entire county. Fulton County. The entire county. Columbia County. The entire county. Gwinnett County. The entire county. Dallas County. The entire county. Henry County. The entire county. Drew County. The entire county. Newton County. The entire county. Garland County. The entire county. Rockdale County. The entire county. Grant County. The entire county. Walton County. The entire county. Hempstead County. The entire county. Whitfield County. The entire county. Hot Spring County. The entire county. Howard County. The entire county. Illinois Jefferson County. The entire county. The entire State. Lafayette County. The entire county. Lincoln County. The entire county. Indiana Little River County. The entire county. Miller County. The entire county. The entire State. Montgomery County. The entire county. Nevada County. The entire county. Iowa Ouachita County. The entire county. The entire State. Pike County. The entire county. Saline County. The entire county. Kansas Sevier County. The entire county. Union County. The entire county. Johnson County. The entire county. Leavenworth County. The entire county. Colorado Wyandotte County. The entire county. Boulder County. The entire county. Kentucky Boulder County/Larimer County. The 15 acre property at 8200 Highway 7 on the Boulder The entire State. County/Larimer County line. Jefferson County. The portion of Jefferson Maryland County that is bounded by a line starting at Allegany County. The entire county. the Boulder County line proceeding south Anne Arundel County. The entire county. along the west side of CO–93 to West 80th Av- Baltimore City. The entire city. enue; then east on W. 80th Avenue (Lyden Baltimore County. The entire county. Road) to the Northwest Boundary marker of Calvert County. The entire county. Pettridge Park; then northeast from the Carroll County. The entire county. Pettridge Park boundary marker, crossing Charles County. The entire county. W. 80th Avenue, to the east fence line, cross- Fredrick County. The entire county. ing the riparian area, and east wind fence of Garrett County. The entire county. the landfill; then north along the east fence Harford County. The entire county. line of the power generation facility; then Howard County. The entire county. north, crossing the railroad tracks, following The entire county. the fence and power lines to CO–72 (Coal Montgomery County. Creek Hwy); then north, crossing CO–72, fol- Prince George’s County. The entire county. lowing the power line along the west side of Saint Mary’s County. The entire county. the cell tower site to the Southwest Bound- Washington County. The entire county. ary marker of Department of Interior, U.S. Massachusetts Fish and Wildlife Service, Rocky Flats Na- tional Wildlife Refuge (RFNWR); continuing The entire State.

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Michigan Blount County. The entire county. Bradley County. The entire county. Upper Peninsula: Campbell County. The entire county. Alger County. The entire county. Carter County. The entire county. Chippewa County. The entire county. [Note: Claiborne County. The entire county. This quarantined area includes tribal land of Clay County. The entire county. the Bay Mills Indian Community. Movement Cocke County. The entire county. of regulated articles on those lands is subject Davidson County. The entire county. to tribal jurisdiction.] Fentress County. The entire county. Delta County. The entire county. The entire county. Houghton County. The entire county. Grainger County. Keweenaw County. The entire county. Greene County. The entire county. Luce County. The entire county. Hamblen County. The entire county. Mackinac County. The entire county. Hamilton County. The entire county. Schoolcraft County. The entire county. Hancock County. The entire county. Lower Peninsula: All counties, in their en- Hawkins County. The entire county. tirety (i.e., Alcona, Allegan, Alpena, Antrim, Jackson County. The entire county. Arenac, Barry, Bay, Benzie, Berrien, Branch, Jefferson County. The entire county. Calhoun, Cass, Charlevoix, Cheboygan, Clare, Johnson County. The entire county. Clinton, Crawford, Eaton, Emmet, Genesee, Knox County. The entire county. Gladwin, Grand Traverse, Gratiot, Hillsdale, Loudon County. The entire county. Huron, Ingham, Ionia, Iosco, Isabella, Jack- Macon County. The entire county. son, Kalamazoo, Kalkaska, Kent, Lake, McMinn County. The entire county. Lapeer, Leelanau, Lenawee, Livingston, Meigs County. The entire county. Macomb, Manistee, Mason, Mecosta, Mid- Monroe County. The entire county. land, Missaukee, Monroe, Montcalm, Morgan County. The entire county. Montmorency, Muskegon, Newaygo, Oak- Overton County. The entire county. land, Oceana, Ogemaw, Osceola, Oscoda, Ot- Pickett County. The entire county. sego, Ottawa, Presque Isle, Roscommon, Polk County. The entire county. Saginaw Sanilac, St. Clair, St. Joseph, Putnam County. The entire county. Shiawassee, Tuscola, Van Buren, Rhea County. The entire county. Washtenaw, Wayne, and Wexford Counties). Roane County. The entire county. Scott County. The entire county. Minnesota Sevier County. The entire county. Smith County. The entire county. Dakota County. The entire county. Sullivan County. The entire county. Hennepin County. The entire county. Unicoi County. The entire county. Houston County. The entire county. Union County. The entire county. Olmsted County. The entire county. Washington County. The entire county. Ramsey County. The entire county. Winona County. The entire county. Virginia Missouri The entire State. The entire State. West Virginia New Hampshire The entire State. Hillsborough County. The entire county. Wisconsin Merrimack County. The entire county. Rockingham County. The entire county. Adams County. The entire county. Brown County. The entire county. New York Buffalo County. The entire county. The entire State. Calumet County. The entire county. Columbia County. The entire county. North Carolina Crawford County. The entire county. Dane County. The entire county. Granville County. The entire county. Dodge County. The entire county. Person County. The entire county. Vance County. The entire county. Door County. The entire county. Warren County. The entire county. Douglas County. The entire county. Fond du Lac County. The entire county. Ohio Grant County. The entire county. Iowa County. The entire county. The entire State. Jackson County. The entire county. Pennsylvania Juneau County. The entire county. Kenosha County. The entire county. The entire State. Kewaunee County. The entire county. La Crosse County. The entire county. Tennessee Lafayette County. The entire county. Anderson County. The entire county. Manitowoc County. The entire county.

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Milwaukee County. The entire county. a risk of infestation by emerald ash Monroe County. The entire county. borer; and Oneida County. The entire county. (iv) The article has not been com- Oneida Indian Reservation. The entire res- bined or commingled with other arti- ervation. Ozaukee County. The entire county. cles so as to lose its individual iden- Racine County. The entire county. tity. Richland County. The entire county. Rock County. The entire county. § 301.53–5 Issuance and cancellation of Sheboygan County. The entire county. certificates and limited permits. Trempealeau County. The entire county. (a) An inspector 1 or person operating Vernon County. The entire county. under a compliance agreement will Walworth County. The entire county. Washington County. The entire county. issue a certificate for the interstate Waukesha County. The entire county. movement of a regulated article if he Winnebago County. The entire county. or she determines that the regulated [68 FR 59088, Oct. 8, 2003, as amended at 70 FR article: 252, Jan. 4, 2005; 70 FR 10316, Mar. 3, 2005; 70 (1)(i) Is apparently free of EAB, based FR 62231, Oct. 31, 2005; 71 FR 29764, May 24, on inspection; or the article or 2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, (ii) Has been grown, produced, manu- Apr. 2, 2007; 72 FR 30460, June 1, 2007; 74 FR factured, stored, or handled in a man- 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010; ner that, in the judgment of the inspec- 80 FR 43008, July 21, 2018] tor, prevents the regulated article from presenting a risk of spreading EAB; § 301.53–4 Conditions governing the and interstate movement of regulated articles from quarantined areas. (2) Is to be moved in compliance with any additional emergency conditions Regulated articles may be moved that the Administrator may impose interstate from a quarantined area under section 414 of the Plant Protec- only if moved under the following con- tion Act (7 U.S.C. 7714) 2 in order to pre- ditions: vent the artificial spread of emerald (a) With a certificate or limited per- ash borer; and mit issued and attached in accordance (3) Is eligible for unrestricted move- with §§ 301.53–5 and 301.53–8; ment under all other Federal domestic (b) Without a certificate or limited plant quarantines and regulations ap- permit if: plicable to the regulated articles. (1) The regulated article is moved by (b) An inspector or a person oper- the United States Department of Agri- ating under a compliance agreement culture for experimental or scientific will issue a limited permit for the purposes; or interstate movement of a regulated ar- (2) The regulated article originates ticle not eligible for a certificate if he outside the quarantined area and is or she determines that the regulated moved interstate through the quar- article: antined area under the following condi- (1) Is to be moved interstate to a tions: specified destination for specific proc- (i) The points of origin and destina- essing, handling, or utilization (the tion are indicated on a waybill accom- destination and other conditions to be panying the regulated article; and (ii) The regulated article, if moved 1 through the quarantined area during Inspectors are assigned to local offices of APHIS, which are listed in the local tele- the period of May 1 through August 31 phone directories. Information concerning or when the ambient air temperature is such local offices may also be obtained from 40 °F or higher, is moved in an enclosed the Animal and Plant Health Inspection vehicle or is completely covered to pre- Service, Plant Protection and Quarantine, vent access by the EAB; and Domestic and Emergency Operations, 4700 (iii) The regulated article is moved River Road Unit 134, Riverdale, Maryland directly through the quarantined area 20737–1236. 2 without stopping (except for refueling An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de- or for traffic conditions, such as traffic stroy, or otherwise dispose of plants, plant lights or stop signs), or has been pests, or other articles in accordance with stored, packed, or handled at locations sections 414, 421, and 423 of the Plant Protec- approved by an inspector as not posing tion Act (7 U.S.C. 7714, 7731, and 7754).

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listed on the limited permit), and this writing, stating the reasons for the de- interstate movement will not result in cision. the spread of emerald ash borer be- (Approved by the Office of Management and cause emerald ash borer will be de- Budget under control number 0579–0233) stroyed by the specific processing, handling, or utilization; and § 301.53–6 Compliance agreements and (2) Is to be moved in compliance with cancellation. any additional emergency conditions (a) Persons engaged in growing, han- that the Administrator may impose dling, or moving regulated articles under section 414 of the Plant Protec- tion Act (7 U.S.C. 7714) in order to pre- interstate may enter into a compliance 3 vent the spread of emerald ash borer; agreement if such persons review with and an inspector each provision of the com- (3) Is eligible for unrestricted move- pliance agreement. Any person who en- ment under all other Federal domestic ters into a compliance agreement with plant quarantines and regulations ap- APHIS must agree to comply with the plicable to the regulated article. provisions of this subpart and any con- (c) An inspector shall issue blank cer- ditions imposed under this subpart. tificates and limited permits to a per- (b) Any compliance agreement may son operating under a compliance be canceled orally or in writing by an agreement in accordance with § 301.53–6 inspector whenever the inspector deter- or authorize reproduction of the cer- mines that the person who has entered tificates or limited permits on shipping into the compliance agreement has not containers, or both, as requested by the complied with this subpart or any con- person operating under the compliance ditions imposed under this subpart. If agreement. These certificates and lim- the cancellation is oral, the cancella- ited permits may then be completed tion will become effective imme- and used, as needed, for the interstate diately, and the cancellation and the movement of regulated articles that reasons for the cancellation will be have met all of the requirements of confirmed in writing as soon as cir- paragraph (a) or (b), respectively, of cumstances permit. Any person whose this section. compliance agreement has been can- (d) Any certificate or limited permit celed may appeal the decision in writ- may be canceled orally or in writing by ing to the Administrator within 10 days an inspector whenever the inspector after receiving the written cancella- determines that the holder of the cer- tion notice. The appeal must state all tificate or limited permit has not com- of the facts and reasons that the person plied with this subpart or any condi- wants the Administrator to consider in tions imposed under this subpart. If the deciding the appeal. A hearing may be cancellation is oral, the cancellation held to resolve a conflict as to any ma- will become effective immediately, and terial fact. Rules of practice for the the cancellation and the reasons for hearing will be adopted by the Admin- the cancellation will be confirmed in istrator. As soon as practicable, the writing as soon as circumstances per- Administrator will grant or deny the mit. Any person whose certificate or appeal, in writing, stating the reasons limited permit has been canceled may for the decision. appeal the decision in writing to the Administrator within 10 days after re- (Approved by the Office of Management and ceiving the written cancellation no- Budget under control number 0579–0233) tice. The appeal must state all of the facts and reasons that the person wants 3 Compliance agreements may be initiated the Administrator to consider in decid- by contacting a local office of APHIS. The ing the appeal. A hearing may be held addresses and telephone numbers of local of- to resolve a conflict as to any material fices are listed in local telephone directories and may also be obtained from the Animal fact. Rules of practice for the hearing and Plant Health Inspection Service, Plant will be adopted by the Administrator. Protection and Quarantine, Domestic and As soon as practicable, the Adminis- Emergency Operations, 4700 River Road Unit trator will grant or deny the appeal, in 134, Riverdale, MD 20737–1236.

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§ 301.53–7 Assembly and inspection of § 301.55 Restrictions on interstate regulated articles. movement of regulated articles. (a) Persons requiring certification or No person may move interstate from other services must request the serv- any quarantined area any regulated ar- ices from an inspector 4 at least 48 ticle except in accordance with this hours before the services are needed. subpart. 1 (b) The regulated articles must be assembled at the place and in the manner § 301.55–1 Definitions. that the inspector designates as nec- Administrator. The Administrator, essary to comply with this subpart. Animal and Plant Health Inspection (Approved by the Office of Management and Service, or any person authorized to Budget under control number 0579–0233) act for the Administrator. Animal and Plant Health Inspection § 301.53–8 Attachment and disposition Service (APHIS). The Animal and Plant of certificates and limited permits. Health Inspection Service of the United (a) A regulated article must be plain- States Department of Agriculture. ly marked with the name and address Cactus plants. Any of various fleshy- of the consignor and the name and ad- stemmed plants of the botanical family dress of the consignee and must have Cactaceae. the certificate or limited permit issued Certificate. A document in which an for the interstate movement of a regu- inspector or person operating under a lated article securely attached at all compliance agreement affirms that a times during interstate movement to: specified regulated article is free of (1) The regulated article; South American cactus moth and may (2) The container carrying the regu- be moved interstate to any destination. lated article; or Compliance agreement. A written (3) The consignee’s copy of the ac- agreement between APHIS and a per- companying waybill: Provided, that the son engaged in growing, handling, or description of the regulated article on moving regulated articles, wherein the the certificate or limited permit, and person agrees to comply with this sub- on the waybill, are sufficient to iden- part. tify the regulated article; and Departmental permit. A document (b) The carrier must furnish the cer- issued by the Administrator in which tificate or limited permit authorizing he or she affirms that interstate move- interstate movement of a regulated ar- ment of the regulated article identified ticle to the consignee at the destina- on the document is for scientific or ex- tion of the shipment. perimental purposes and that the regulated article is eligible for interstate (Approved by the Office of Management and movement in accordance with § 301.55– Budget under control number 0579–0233) 4(c). Infestation. The presence of the South § 301.53–9 Costs and charges. American cactus moth or the existence The services of the inspector during of circumstances that makes it reason- normal business hours will be furnished able to believe that the South Amer- without cost to persons requiring the ican cactus moth may be present. services. The user will be responsible Inspector. Any employee of APHIS or for all costs and charges arising from other person authorized by the Admin- inspection and other services provided istrator to perform the duties required outside of normal business hours. under this subpart.

Subpart K—South American 1 Any properly identified inspector is au- Cactus Moth thorized, upon probable cause, to stop and inspect persons and means of conveyance moving in interstate commerce and to hold, SOURCE: 74 FR 27073, June 8, 2009, unless otherwise noted. Redesignated at 84 FR 2428, seize, quarantine, treat, apply other reme- Feb. 7, 2019. dial measures to, destroy, or otherwise dispose of regulated articles as provided in sections 414, 421, and 434 of the Plant Protection 4 See footnote 1 to § 301.53–5. Act (7 U.S.C. 7714, 7731, and 7754).

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Interstate. From any State into or (c) Any other product, article, or through any other State. means of conveyance not listed in para- Limited permit. A document in which graphs (a) or (b) of this section that an an inspector or person operating under inspector determines presents a risk of a compliance agreement affirms that spreading the South American cactus the regulated article identified on the moth, after the inspector provides document is eligible for interstate written notification to the person in movement in accordance with § 301.55– possession of the product, article, or 5(b) only to a specified destination and means of conveyance that it is subject only in accordance with specified con- to the restrictions of this subpart. ditions. Moved (move, movement). Shipped, of- § 301.55–3 Quarantined areas. fered for shipment, received for trans- (a) Except as otherwise provided in portation, transported, carried, or al- paragraph (b) of this section, the Ad- lowed to be moved, shipped, trans- ministrator will list as a quarantined ported, or carried. area in paragraph (c) of this section Person. Any association, company, each State, or each portion of a State, corporation, firm, individual, joint in which the South American cactus stock company, partnership, society, moth has been found by an inspector, or other entity. in which the Administrator has reason Plant Protection and Quarantine to believe that the South American (PPQ). The Plant Protection and Quar- cactus moth is present, or that the Ad- antine program of the Animal and ministrator considers necessary to Plant Health Inspection Service, quarantine because of its insepa- United States Department of Agri- rability for quarantine enforcement culture. purposes from localities where South Quarantined area. Any State, or any American cactus moth has been found. portion of a State, listed in § 301.55–3(c) Less than an entire State will be des- or otherwise designated as a quar- ignated as a quarantined area only if antined area in accordance with the Administrator determines that: § 301.55–3(b). (1) The State has adopted and is en- Regulated article. Any article listed in forcing restrictions on the intrastate § 301.55–2(a) or (b), or otherwise des- movement of the regulated articles ignated as a regulated article in ac- that are equivalent to those imposed cordance with § 301.55–2(c). by this subpart on the interstate movement of regulated articles; and South American cactus moth. The live (2) The designation of less than the insect known as the South American entire State as a quarantined area will cactus moth, Cactoblastis cactorum, in be adequate to prevent the interstate any life stage (egg, larva, pupa, adult). spread of the South American cactus State. The District of Columbia, Puer- moth. to Rico, the Northern Mariana Islands, (b) The Administrator or an inspec- or any State, territory, or possession of tor may temporarily designate any the United States. nonquarantined area in a State as a quarantined area in accordance with § 301.55–2 Regulated articles. the criteria specified in paragraph (a) The following are regulated articles: of this section. The Administrator will (a) The South American cactus moth, give a copy of this regulation along in any living stage of its development. 2 with written notice of the temporary (b) Cactus plants or parts thereof (ex- designation to the owner or person in cluding seeds and canned, preserved, or possession of the nonquarantined area, frozen pads or fruits) of the following or, in the case of publicly owned land, genera: Consolea, Cylindropuntia, to the person responsible for the man- Nopalea, and Opuntia. agement of the nonquarantined area. Thereafter, the interstate movement of 2 Permit and other requirements for the any regulated article from an area interstate movement of South American cac- temporarily designated as a quar- tus moths are contained in part 330 of this antined area will be subject to this sub- chapter. part. As soon as practicable, the area

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will be added to the list in paragraph protocols described in a compliance (c) of this section or the designation agreement (see § 301.55–6(a)) to a com- will be terminated by the Adminis- mercial food warehouse or distribution trator or an inspector. The owner or center within the quarantined area and person in possession of, or, in the case the regulated articles remain enclosed of publicly owned land, the person re- by a covering (such as canvas, plastic, sponsible for the management of, an or closely woven cloth) adequate to area for which designation is termi- prevent access by South American cac- nated will be given written notice of tus moths while within the quar- the termination as soon as practicable. antined area: and (c) The following areas are des- (d) Without a certificate or limited ignated as quarantined areas: The permit if the regulated article is States of Alabama, Florida, Georgia, moved: Louisiana, Mississippi, and South Caro- (1) By the United States Department lina. of Agriculture for experimental or scientific purposes; [74 FR 27073, June 8, 2009, as amended at 75 (2) Pursuant to a departmental per- FR 41074, July 15, 2010] mit issued by the Administrator for § 301.55–4 Conditions governing the the regulated article; interstate movement of regulated (3) Under conditions specified on the articles from quarantined areas. departmental permit and found by the Any regulated article may be moved Administrator to be adequate to pre- interstate from a quarantined area 3 vent the spread of the South American only if moved under the following con- cactus moth; and (4) With a tag or label bearing the ditions: number of the departmental permit (a) With a certificate or limited per- issued for the regulated article at- mit issued and attached in accordance tached to the outside of the container with §§ 301.555 and 301.55–8; of the regulated article or attached to (b) Without a certificate or limited the regulated article itself if not in a permit if: container. (1) The regulated article originated outside the quarantined area and is ei- § 301.55–5 Issuance and cancellation of ther moved in an enclosed vehicle or is certificates and limited permits. completely enclosed by a covering (a) An inspector 4 may issue a certifi- (such as canvas, plastic, or closely cate for the interstate movement of a woven cloth) adequate to prevent ac- regulated article if the inspector deter- cess by South American cactus moths mines that: while moving through the quarantined (1) The regulated article to be moved area; and and all other regulated articles on the (2) The point of origin of the regu- premises have been grown and main- lated article is indicated on the way- tained indoors in a shadehouse or bill, and the enclosed vehicle or the en- greenhouse and no other cactus moth closure that contains the regulated ar- host material exists on the premises ticle is not opened, unpacked, or un- outside of a shadehouse or greenhouse; loaded in the quarantined area; and (2) The regulated article to be moved (3) The regulated article is moved and all other regulated articles on the through the quarantined area without premises are maintained on benches stopping except for refueling or for that are kept separate from benches traffic conditions, such as traffic lights containing non-host material; or stop signs. (3) The regulated article to be moved (c) Without a certificate or limited and all other regulated articles on the permit if the regulated articles are cac- premises have been placed on a 21-day tus pads and fruits for consumption insecticide spray cycle and have been from outside the quarantined area that sprayed with Bacillus thuringiensis are being moved in accordance with the 4 Services of an inspector may be requested 3 Requirements under all other applicable by contacting local offices of Plant Protec- Federal domestic plant quarantines and reg- tion and Quarantine, which are listed in tele- ulations must also be met. phone directories.

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subsp. kurstaki, carbaryl, spinosad, or (d) Any certificate or limited permit imidaploprid if maintained in the nurs- that has been issued may be canceled, ery for longer than 21 days; either orally or in writing, by an in- (4) The regulated article to be moved spector whenever the inspector deter- has been sprayed with Bacillus mines that the holder of the limited thuringiensis subsp. kurstaki, carbaryl, permit has not complied with this sub- spinosad, or imidaploprid 3 to 5 days part or any conditions imposed under prior to shipment and inspected and this subpart. If the cancellation is oral, found free of cactus moth egg sticks the cancellation will become effective and larval damage; and immediately, and the cancellation and (5) If the regulated article was moved the reasons for the cancellation will be into the premises from another prem- confirmed in writing as soon as cir- ises in a quarantined area listed in cumstances permit. Any person whose § 301.55–3, it was immediately placed in- certificate or limited permit has been side the shadehouse or greenhouse and canceled may appeal the decision in sprayed with Bacillus thuringiensis writing to the Administrator within 10 subsp. kurstaki, carbaryl, spinosad, or days after receiving the written can- imidaploprid within 24 hours. cellation notice. The appeal must state (b) An inspector will issue a limited all of the facts and reasons that the permit for the interstate movement of person wants the Administrator to con- a regulated article if the inspector de- sider in deciding the appeal. A hearing termines that: may be held to resolve a conflict as to (1) The regulated article is to be any material fact. Rules of practice for moved interstate to a specified destina- the hearing will be adopted by the Ad- tion for specified handling, processing, ministrator. As soon as practicable, or utilization (the destination and the Administrator will grant or deny other conditions to be listed in the lim- the appeal, in writing, stating the rea- ited permit), and this interstate move- sons for the decision. ment will not result in the spread of (Approved by the Office of Management and the South American cactus moth be- Budget under control number 0579–0337) cause life stages of the South American cactus moth will be destroyed by the § 301.55–6 Compliance agreements and specified handling, processing, or utili- cancellation. zation; (a) Any person engaged in growing, (2) It is to be moved in compliance handling, or moving regulated articles with any additional conditions that the may enter into a compliance agree- Administrator may impose under sec- ment when an inspector determines tion 414 of the Plant Protection Act (7 that the person is aware of this sub- U.S.C. 7714) in order to prevent the part, agrees to comply with its provi- spread of the South American cactus sions, and agrees to comply with all moth; and the provisions contained in the compli- (3) It is eligible for unrestricted ance agreement. 5 movement under all other Federal do- (b) Any compliance agreement may mestic plant quarantines and regula- be canceled, either orally or in writing, tions applicable to the regulated arti- by an inspector whenever the inspector cle. finds that the person who has entered (c) Certificates and limited permits into the compliance agreement has for the interstate movement of regu- failed to comply with this subpart or lated articles may be issued by an in- the terms of the compliance agree- spector or person operating under a ment. If the cancellation is oral, the compliance agreement. A person oper- cancellation and the reasons for the ating under a compliance agreement cancellation will be confirmed in writ- may issue a certificate or limited per- ing as promptly as circumstances mit for interstate movement of a regu- allow. Any person whose compliance lated article after an inspector has determined that the regulated article is 5 Compliance agreement forms are avail- eligible for a certificate or limited per- able without charge from local Plant Protec- mit in accordance with paragraphs (a) tion and Quarantine offices, which are listed or (b) of this section. in telephone directories.

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agreement has been canceled may ap- lated article must be furnished by the peal the decision, in writing, to the Ad- carrier or the carrier’s representative ministrator, within 10 days after re- to the consignee listed on the certifi- ceiving written notification of the can- cate or limited permit upon arrival at cellation. The appeal must state all of the location provided on the certificate the facts and reasons upon which the or limited permit. person relies to show that the compli- (Approved by the Office of Management and ance agreement was wrongfully can- Budget under control number 0579–0337) celed. As promptly as circumstances allow, the Administrator will grant or § 301.55–9 Costs and charges. deny the appeal, in writing, stating the The services of the inspector during reasons for the decision. A hearing will normal business hours (8 a.m. to 4:30 be held to resolve any conflict as to p.m., Monday through Friday, except any material fact. Rules of practice holidays) will be furnished without concerning a hearing will be adopted cost. APHIS will not be responsible for by the Administrator. all costs or charges incident to inspec- (Approved by the Office of Management and tions or compliance with the provisions Budget under control number 0579–0337) of the quarantine and regulations in this subpart, other than for the serv- § 301.55–7 Assembly and inspection of ices of the inspector. regulated articles. (a) Any person (other than a person Subpart L—Plum Pox authorized to issue limited permits under § 301.555(c)) who desires a certificate or limited permit to move a regu- SOURCE: 65 FR 35264, June 2, 2000, unless otherwise noted. Redesignated at 84 FR 2428, lated article interstate must request Feb. 7, 2019. an inspector 6 to examine the articles as far in advance of the desired inter- § 301.74 Restrictions on interstate state movement as possible, but no less movement of regulated articles. than 48 hours before the desired inter- No person may move interstate from state movement. any quarantined area any regulated ar- (b) The regulated article must be as- ticle except in accordance with this sembled at the place and in the manner subpart. 1 the inspector designates as necessary to comply with this subpart. [65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001] § 301.55–8 Attachment and disposition of certificates and limited permits. § 301.74–1 Definitions. (a) A certificate or limited permit re- The following definitions apply to quired for the interstate movement of this subpart. a regulated article must, at all times Administrator. The Administrator, during the interstate movement, be: Animal and Plant Health Inspection (1) Attached to the outside of the Service, or any person authorized to container containing the regulated ar- act for the Administrator. ticle; or Animal and Plant Health Inspection (2) Attached to the regulated article Service. The Animal and Plant Health itself if not in a container; or Inspection Service (APHIS) of the (3) Attached to the consignee’s copy United States Department of Agri- of the accompanying waybill. If the culture. certificate or limited permit is at- Departmental permit. A document tached to the consignee’s copy of the issued by the Administrator in which waybill, the regulated article must be sufficiently described on the certificate 1 Any properly identified inspector is au- or limited permit and on the waybill to thorized to stop and inspect persons and identify the regulated article. means of conveyance and to seize, qurantine, (b) The certificate or limited permit treat, apply other remedial measures to, destroy, or otherwise dispose of regulated arti- for the interstate movement of a regu- cles a provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, 6 See footnote 4. and 7754).

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he or she affirms that interstate move- (a) All plant material and plant parts ment of the regulated article identified of Prunus (stone fruit) species other on the document is for scientific or ex- than P. avium, P. cerasus, P. effusa, P. perimental purposes and that the regu- laurocerasus, P. mahaleb, P. padus, P. lated article is eligible for interstate sargentii, P. serotina, P. serrula, P. movement in accordance with § 301.74–4 serrulata, P. subhirtella, P. yedoensis, of this subpart. and P. virginiana, except for seeds and Infestation (infested, infected). The fruit that is free of leaves and other presence of plum pox or circumstances plant parts. This includes, but is not or symptoms that makes it reasonable limited to, trees, seedlings, root stock, to believe that plum pox is present. budwood, branches, twigs, and leaves. Inspector. Any employee of the Ani- (b) Any other product or article that mal and Plant Health Inspection Serv- an inspector determines to present a ice, United States Department of Agri- risk of spreading plum pox when the in- culture, or other person authorized by spector notifies the person in posses- the Administrator to enforce this sub- sion of the product or article that it is part. subject to the restrictions in the regu- Interstate. From any State into or lations. through any other State. Moved (move, movement). Shipped, of- § 301.74–3 Quarantined areas. fered for shipment, received for trans- (a) Except as otherwise provided in portation, transported, carried, or al- paragraph (b) of this section, the Ad- lowed to be moved, shipped, trans- ministrator will list as a quarantined ported, or carried. area in paragraph (c) of this section Person. Any association, company, each State, or each portion of a State, corporation, firm, individual, joint in which plum pox has been detected stock company, partnership, society, through inspection and laboratory or other entity. testing, or in which the Administrator Plant Protection and Quarantine. has reason to believe that plum pox is Plant Protection and Quarantine, Ani- present, or that the Administrator con- mal and Plant Health Inspection Serv- siders necessary to quarantine because ice, United States Department of Agri- of its inseparability for quarantine en- culture. forcement purposes from localities in Plum pox. A plant disease caused by which plum pox has been detected. Less plum pox potyvirus that can affect than an entire State will be designated many Prunus (stone fruit) species, in- as a quarantined area if the Adminis- cluding, but not limited to, almond, trator determines that: apricot, nectarine, peach, plum, and (1) The State has adopted and is en- sweet and tart cherry. The strain of forcing restrictions on the intrastate plum pox in Pennsylvania does not af- movement of the regulated articles fect cherry trees. that are substantially the same as Quarantined area. Any State, or any those imposed by this subpart on the portion of a State, listed in § 301.74–3(c) interstate movement of regulated arti- of this subpart or otherwise designated cles; and as a quarantined area in accordance (2) The designation of less than the with § 301.74–3(b) of this subpart. entire State as a quarantined area will Regulated article. Any article listed in prevent the interstate spread of plum § 301.74–2(a) or otherwise designated as pox. a regulated article in accordance with (b) The Administrator or an inspec- § 301.74–2(b), based on its susceptibility tor may temporarily designate any to the form or strain of plum pox de- nonquarantined area in a State as a tected in the quarantined area. quarantined area in accordance with State. The District of Columbia, Puer- paragraph (a) of this section. The Ad- to Rico, the Northern Mariana Islands, ministrator will give a copy of this reg- or any State, territory, or possession of ulation along with a written notice for the United States. the temporary designation to the owner or person in possession of the § 301.74–2 Regulated articles. nonquarantined area. Thereafter, the The following are regulated articles: interstate movement of any regulated

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article from an area temporarily des- Road) at its intersection with Eagle Har- ignated as a quarantined area will be bor Waterport Road; then south on Eagle subject to this subpart. As soon as Harbor Waterport Road to Eagle Habor practicable, this area will be added to Knowlesville Road; then west on Eagle the list in paragraph (c) of this section Harbor Knowlesville Road to Presbyterian or the designation will be terminated Road; then southwest on Presbyterian by the Administrator or an inspector. Road to Longbridge Road; then south on Longbridge Road to State Route 31; then The owner or person in possession of an west on State Route 31 to Wood Road; then area for which the quarantine designa- south on Wood Road to West County House tion is terminated will be given notice Road; then west on West County House of the termination as soon as prac- Road to Maple Ridge Road; then west on ticable. Maple Ridge Road to Culvert Road; then (c) The areas described below are des- north on Culvert Road to Telegraph Road; ignated as quarantined areas: then west on Telegraph Road to Beales Road; then north on Beales Road to Por- NEW YORK tage Road; then east on Portage Road to Niagara County. (1) That area of Niagara Culvert Rd; then north on Culvert Road to County in the Towns of Burt, Newfane, and Route 104 (Ridge Road). Wilson bordered on the north by Lake On- Wayne County. (1) That area of Wayne Coun- tario; bordered on the west by Maple Road; ty in the Town of Sodus bordered on the then south on Maple Road to Wilson-Burt north by Lake Road at its intersection Road; then east on Wilson-Burt Road to with Redman Road; then east on Lake Beebe Road; then south on Beebe Road to Road to Maple Avenue; then south on Ide Road; then east on Ide Road to Route 78 (Lockport-Olcott Road); then north on Maple Avenue to Middle Road; then west Route 78 (Lockport-Olcott Road) to the on Middle Road to Rotterdam Road; then Lake Ontario shoreline. south on Rotterdam Road to State Route (2) That area of Niagara County in the 104; then west on State Route 104 to Pratt Town of Lewiston bordered on the west by Road; then south on Pratt Road to Ridge Porter Center Road starting at its intersec- Road; then west on Ridge Road to Richard- tion with Route 104 (Ridge Road); then son Road; then south on Richardson Road north-northeast on Porter Center Road to to Tripp Road; then south on Tripp Road to Langdon Road; then east on Langdon Road Podger Road; then west on Podger Road to to Dickersonville Road; then north on East Townline Road; then north on East Dickersonville Road to Schoolhouse Road; Townline Road to Everdyke Road; then then east on Schoolhouse Road to west on Everdyke Road to Russell Road; Ransomville Road; then south on then south on Russell Road to Pearsall Ransomville Road to Route 104 (Ridge Road); Road; then west on Pearsall Road to State then northeast on Route 104 (Ridge Road) to Route 21; then north on State Route 21 to Simmons Road; then south on Simmons State Route 104; then east on State Route Road to Albright Road; then east on Albright Road to Townline Road; then south on 104 to East Townline Road; then north on Townline Road to Lower Mountain Road; East Townline Road to Van Lare Road; then west on Lower Mountain Road to Mey- then east on Van Lare Road to Redman ers Hill Road; then south on Meyers Hill Road; then north on Redman Road to Lake Road to Upper Mountain Road; then west on Road. Upper Mountain Road to Indian Hill Road; (2) That area of Wayne County in the then northeast on Indian Hill Road to Route Towns of Ontario and Williamson bordered 104 (Ridge Road); then east on Route 104 on the north by Shepard Road at its intersec- (Ridge Road) to Porter Center Road. tion with Fisher Road; then east on Shepard (3) That area of Niagara County bordered Road to Salmon Creek Road; then southwest on the north by Lake Ontario and on the on Salmon Creek Road to Kenyon Road; then east by Keg Creek; then south on Keg Creek west on Kenyon Road to Furnace Road; then to Route 18 (Lake Road); then east on Route north on Furnace Road to Putnam Road; 18 (Lake Road) to Hess Road; then south on then east on Putnam Road to Fisher Road; Hess Road to Drake Settlement Road; then then north on Fisher Road to Shepard Road. west on Drake Settlement Road to Transit (3) That area of Wayne County in the Town Road; then north on Transit Road to Route of Sodus beginning on the Sodus Bay shore- 18 (Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road; then north line at Ridge Road; then west on Ridge Road on Lockport Olcott Road to the Lake On- to Boyd Road; then north on Boyd Road to tario shoreline. Sergeant Road; then north on Sergeant Road Orleans County. That area of Orleans County to Morley Road; then east on Morley Road to in the Towns of Ridgeway and Gaines bor- State Route 14; then north on State Route 14 dered on the north by Route 104 (Ridge to South Shore Road; then east on South

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Shore Road and continuing to the shoreline fruit orchards are eligible to receive of Sodus Bay. compensation for losses associated [65 FR 35264, June 2, 2000, as amended at 75 with the destruction of trees in order FR 81089, Dec. 27, 2010; 76 FR 27219, May 11, to control plum pox pursuant to an 2011] emergency action notification issued by the Animal and Plant Health In- § 301.74–4 Conditions governing the spection Service (APHIS). interstate movement of regulated articles from quarantined areas. (i) Direct marketers. Orchard owners eligible for compensation under this The interstate movement of any reg- paragraph who market all fruit they ulated article from a quarantined area 2 produce under the conditions described is prohibited except when: (a) The regulated article is moved by in this paragraph may receive com- the United States Department of Agri- pensation at the rates specified in culture: paragraph (b)(1)(i) of this section. In (1) For an experimental or scientific order to be eligible to receive com- purpose; pensation at the rates specified in (2) Pursuant to a Departmental per- paragraph (b)(1)(i) of this section, or- mit issued by the Administrator for chard owners must have marketed fruit the regulated article; produced in orchards subsequently de- (3) Under conditions specified on the stroyed because of plum pox under the Departmental permit and found by the following conditions: Administrator to be adequate to pre- (A) The fruit must have been sold ex- vent the spread of plum pox; and clusively at farmers markets or similar (4) With a tag or label bearing the outlets that require orchard owners to number of the Departmental permit sell only fruit that they produce; issued for the regulated article at- (B) The fruit must not have been tached to the outside of the container marketed wholesale or at reduced of the regulated article or attached to prices in bulk to supermarkets or other the regulated article itself if not in a retail outlets; container; or (C) The fruit must have been mar- (b) The regulated article originated keted directly to consumers; and outside the quarantined area and: (D) Orchard owners must have (1) Is moved in an enclosed vehicle or records documenting that they have is completely enclosed by a covering met the requirements of this section, (such as canvas, plastic, or other close- and must submit those records to ly woven cloth) adequate to prevent ac- APHIS as part of their application sub- cess by aphids or other transmission mitted in accordance with paragraph agents of plum pox while in the quar- (c) of this section. antined area; (2) The regulated article’s point of or- (ii) All other orchard owners. Orchard igin is indicated on the waybill; and owners eligible for compensation under (3) The regulated article must not be this paragraph who do not meet the re- uncovered, unpacked, or unloaded quirements of paragraph (a)(1)(i) of this while moving through the quarantined section are eligible for compensation area. only in accordance with paragraph (b)(1)(ii) of this section. § 301.74–5 Compensation. (2) Owners of fruit tree nurseries. The (a) Eligibility. The following individ- owner of a fruit tree nursery will be el- uals are eligible to receive compensa- igible to receive compensation for net tion from the U.S. Department of Agri- revenue losses associated with the pro- culture to mitigate losses or expenses hibition on the movement or sale of incurred because of the plum pox quar- nursery stock as a result of the antine and emergency actions: issuance of an emergency action notifi- (1) Owners of commercial stone fruit or- cation by APHIS with respect to regu- chards. Owners of commercial stone lated articles within the nursery in order to control plum pox. 2 Requirements under all other applicable (3) Owners of non-fruit-bearing orna- Federal domestic plant quarantines and reg- mental tree nurseries. The owner of a ulations must also be met. non-fruit-bearing ornamental tree

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nursery will be eligible to receive com- APHIS has determined meet the eligi- pensation for net revenue losses associ- bility requirements of paragraph ated with the prohibition on the move- (a)(1)(i) of this section will be comment or sale of nursery stock as a re- pensated according to the following sult of the issuance of an emergency table on a per-acre basis at a rate based action notification by APHIS with re- on the age of the trees destroyed. If the spect to regulated articles within the trees were not destroyed by the date nursery in order to control plum pox. specified on the emergency action noti- (b) Amount of payment. Upon approval fication, the compensation payment of a claim submitted in accordance will be reduced by 10 percent and by with paragraph (c) of this section, indi- any tree removal costs incurred by the viduals eligible for compensation under State or the U.S. Department of Agri- paragraph (a) of this section will be culture (USDA). The maximum USDA paid at the rates indicated in this para- compensation rate is 85 percent of the graph. loss in value, adjusted for any State- (1) Owners of commercial stone fruit or- provided compensation to ensure total chards—(i) Direct marketers. Owners of compensation from all sources does not commercial stone fruit orchards who exceed 100 percent of the loss in value.

Maximum compensation rate ($/acre, equal to Maximum additional Maximum additional Age of trees (years) 85% of loss in value) compensation ($/acre, compensation ($/acre, based on 3-year fallow equal to 85% of loss in equal to 85% of loss in period value) for 4th fallow year value) for 5th fallow year

Less than 1 ...... $3,302 $954 $842 1 ...... 11,639 1,936 1,721 2 ...... 16,327 1,936 1,721 3 ...... 20,725 1,936 1,721 4 ...... 26,222 1,936 1,721 5 ...... 28,820 1,936 1,721 6 ...... 29,592 1,936 1,721 7 ...... 29,743 1,936 1,721 8 ...... 29,196 1,936 1,721 9 ...... 28,581 1,936 1,721 10 ...... 27,889 1,936 1,721 11 ...... 27,110 1,936 1,721 12 ...... 26,234 1,936 1,721 13 ...... 25,248 1,936 1,721 14 ...... 24,140 1,936 1,721 15 ...... 22,892 1,936 1,721 16 ...... 21,489 1,936 1,721 17 ...... 20,054 1,936 1,721 18 ...... 18,582 1,936 1,721 19 ...... 17,070 1,936 1,721 20 ...... 15,513 1,936 1,721 21 ...... 13,905 1,936 1,721 22 ...... 12,382 1,936 1,721 23 ...... 10,955 1,936 1,721 24 ...... 9,638 1,936 1,721 25 ...... 8,442 1,936 1,721

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

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Less than 1 ...... $3,302 $954 $842 1 ...... 6,959 1,072 953 2 ...... 10,090 1,072 953 3 ...... 12,737 1,072 953 4 ...... 16,263 1,072 953 5 ...... 17,929 1,072 953 6 ...... 18,423 1,072 953 7 ...... 18,519 1,072 953 8 ...... 18,167 1,072 953 9 ...... 17,771 1,072 953 10 ...... 17,325 1,072 953 11 ...... 16,823 1,072 953 12 ...... 16,259 1,072 953 13 ...... 15,625 1,072 953 14 ...... 14,911 1,072 953 15 ...... 14,107 1,072 953 16 ...... 13,204 1,072 953 17 ...... 12,279 1,072 953 18 ...... 11,331 1,072 953 19 ...... 10,356 1,072 953 20 ...... 9,352 1,072 953 21 ...... 8,314 1,072 953 22 ...... 7,330 1,072 953 23 ...... 6,408 1,072 953 24 ...... 5,554 1,072 953 25 ...... 4,777 1,072 953

(2) Owners of fruit tree nurseries. Own- tification was issued (i.e., the second ers of fruit tree nurseries who meet the year crop) will be calculated as eligibility requirements of paragraph (expected number of trees to be sold) × (a)(2) of this section will be com- (average price per tree) = net revenue pensated for up to 85 percent of the net lost for second year crop, where: revenues lost from their first and sec- (A) The expected number of trees to ond year crops as the result of the be sold equals the number of budded issuance of an emergency action notifi- trees in the field minus 20 percent cation which will be calculated as fol- death loss minus 2 percent culls; and lows: (B) The average price per tree is $5.22 (i) First year crop. The net revenue for plum and apricot trees and $3.69 for loss for trees that were expected to be peach and nectarine trees. sold in the year during which the emer- (3) Owners of non-fruit-bearing orna- gency action notification was issued mental tree nurseries. Owners of non- (i.e., the first year crop) will be cal- fruit-bearing ornamental tree nurseries culated as (expected number of trees to be who meet the eligibility requirements sold) × (average price per tree) ¥ (digging, of paragraph (a)(3) of this section will grading, and storage costs) = net revenue be compensated for up to 85 percent of lost for first year crop, where: the net revenues lost from their crop as (A) The expected number of trees to the result of the issuance of an emer- be sold equals the number of trees in gency action notification. Net revenues the field minus 2 percent culls minus 3 will be calculated using an average percent unsold trees; and price of $10.80 per tree or shrub. (B) The average price per tree is $5.22 (c) How to apply. The form necessary for plum and apricot trees and $3.69 for to submit a claim for compensation peach and nectarine trees; and may be obtained from the National Di- (C) Digging, grading and storage rector of the Plum Pox Eradication costs are $0.10 per tree. Program contact listed at http:// (ii) Second year crop. The net revenue www.aphis.usda.gov/plantlhealth/ loss for trees that would be expected to plantlpestlinfo/plumlpox/index.shtml. be sold in the year following the year Claims for trees or nursery stock de- during which the emergency action no- stroyed on or before February 3, 2012

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must be received within 60 days after Subpart M—Citrus Canker February 3, 2012. Claims for trees or nursery stock destroyed after February 3, 2012 must be received within 60 days SOURCE: 50 FR 51231, Dec. 13, 1985, unless otherwise noted. Redesignated at 84 FR 2428, after the destruction of the trees or Feb. 7, 2019. nursery stock. Claims must be submitted as follows: NOTICE OF QUARANTINE AND (1) Claims by owners of stone fruit or- REGULATIONS chards who are direct marketers. The completed application must be accom- § 301.75–1 Definitions. panied by: (i) A copy of the emergency action ACC coverage. The crop insurance notification ordering the destruction of coverage against Asiatic citrus canker the trees and its accompanying inven- (ACC) provided under the Florida Fruit tory that describes the acreage and Tree Pilot Crop Insurance Program au- ages of trees removed; thorized by the Federal Crop Insurance (ii) Documentation verifying that the Corporation. destruction of trees has been completed Administrator. The Administrator of and the date of that destruction; and the Animal and Plant Health Inspec- (iii) Records documenting that the tion Service or any individual author- grower meets the eligibility require- ized to act for the Administrator. ments of paragraph (a)(1)(i) of this sec- Animal and Plant Health Inspection tion. Service. The Animal and Plant Health (2) Claims by owners of commercial Inspection Service of the United States stone fruit orchards who are not direct marketers. The completed application Department of Agriculture. must be accompanied by a copy of the Budded citrus nursery stock. Liners or emergency action notification ordering rootstock citrus plants that have been the destruction of the trees, its accom- grafted with a portion of a stem or panying inventory that describes the branch with a vegetative bud (also acreage and ages of trees removed, and known as budwood) that are main- documentation verifying that the de- tained 1 month after grafting or until struction of trees has been completed the plant reaches marketability. and the date of that destruction. Budded container/greenhouse grown cit- (3) Claims by owners of fruit tree nurs- rus plants. Individual, budded citrus eries and owners of non-fruit-bearing or- nursery stock maintained in climate- namental tree nurseries. The completed controlled greenhouses in 4-or 6-inch application must be accompanied by a diameter pots until it is sold for com- copy of the order prohibiting the sale mercial use. or movement of the nursery stock, its Budded field grown citrus plants. Indi- accompanying inventory that describes vidual, budded citrus nursery stock the total number of trees and the age maintained in the fields until it is sold and variety, and documentation de- for commercial use. scribing the final disposition of the nursery stock. Certificate. An official stamp, form, or (d) Replanting. Trees of susceptible other document of the United States Prunus species (i.e., Prunus species Department of Agriculture authorizing identified as regulated articles) may the interstate movement of a regulated not be replanted on premises within a article from a quarantined area into contiguous quarantined area until 3 any area of the United States. years from the date the last trees with- Certified citrus nursery stock. Citrus in that area were destroyed because of nursery stock, such as trees or plants, plum pox pursuant to an emergency ac- grown at a nursery that is in compli- tion notification issued by APHIS. ance with State certification require- (Approved by the Office of Management and ments and approved for producing cit- Budget under control numbers 0579–0159 and rus nursery stock for commercial sale. 0579–0251) Citrus canker. A plant disease caused [65 FR 55435, Sept. 14, 2000, as amended at 69 by strains of the bacterium FR 30816, June 1, 2004; 77 FR 5383, Feb. 3, 2012] Xanthomonas axonopodis pv. citri.

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Commercial citrus grove. An establish- or sign or marker denoting change of ment maintained for the primary pur- fruit variety. pose of producing citrus fruit for com- Infected. Containing bacteria that mercial sale. cause citrus canker. Commercial citrus nursery. An estab- Infestation. The presence of a plant or lishment engaged in, but not limited plants infected with citrus canker at a to, the production of certified citrus particular location, except when the nursery stock, including plants for plant or plants contracted the infec- planting or replanting in commercial tion at a previous location and the in- groves or for wholesale or retail sales. fection has not spread to any other Commercial citrus-producing area. Any plant at the present location. area designated as a commercial cit- Inspector. An individual authorized rus-producing area in accordance with by the Administrator to perform the § 301.75–5 of this subpart. specified duties. Commercial packinghouse. An estab- Interstate. From any State into or lishment in which space and equipment through any other State. are maintained for the primary purpose Limited permit. An official stamp, of disinfecting and packing citrus fruit form, or other document of the United for commercial sale. A commercial States Department of Agriculture au- packinghouse must also be licensed, thorizing the interstate movement of a registered, or certified for handling cit- regulated article from a quarantined rus fruit with the State in which it op- area, but restricting the areas of the erates and meet all the requirements United States into which the regulated for the license, registration, or certifi- article may be moved. cation that it holds. Liner or rootstock. Culled seedlings in Compliance agreement. A written the growing stage prior to the budding agreement between the Animal and process. Plant Health Inspection Service and a Lot. The inspectional unit for fruit person engaged in the business of grow- composed of a single variety of fruit ing, maintaining, processing, handling, that has passed through the entire packing, or moving regulated articles packing process in a single continuous for interstate movement, in which the run not to exceed a single workday person pledges to comply with this sub- (i.e., a run started one day and com- part. pleted the next is considered two lots). Departmental permit. An official docu- Move. Ship, carry, transport, offer for ment of the United States Department shipment, receive for shipment, or of Agriculture authorizing the move- allow to be transported by any means. ment of a regulated article from a Movement. The act of shipping, car- quarantined area. rying, transporting, offering for ship- Departmental tag or label. An official ment, receiving for shipment, or allow- tag or label of the United States De- ing to be transported by any means. partment of Agriculture, which, at- Nursery. Any premises, including tached to a regulated article or its con- greenhouses but excluding any grove, tainer, indicates that the regulated ar- at which nursery stock is grown or ticle is eligible for interstate move- maintained. ment with a Departmental permit. Nursery stock. Living plants and plant Exposed. Determined by an inspector parts intended to be planted, to remain to be at risk for developing citrus can- planted, or to be replanted. ker because of proximity during the Person. Any individual, partnership, past 2 years to infected plants, or to corporation, company, society, associa- personnel, vehicles, equipment, or tion, or other organized group. other articles that may have been con- Public order. Either an ‘‘Agreement to taminated with bacteria that cause cit- Destroy and Covenant Not to Sue’’ rus canker. signed by the grove owner and the Grove. Any tree or stand of trees Florida Department of Food and Con- maintained to produce fruit and sepa- sumer Services, Division of Plant In- rated from other trees by a boundary, dustry (DPI), or an ‘‘Immediate Final such as a fence, stream, road, canal, ir- Order’’ issued by DPI, both of which rigation ditch, hedgerow, open space, identify citrus trees infected with or

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exposed to citrus canker and order compartment of a vehicle, while in the their destruction. commercial citrus-producing area, and Quarantined area. Any area des- are not unloaded in the commercial ignated as a quarantined area in ac- citrus-producing area without the per- cordance with § 301.75–4 of this subpart. mission of an inspector. Regulated article. Any article listed in (c) Regulated articles moved inter- § 301.75–3 (a) or (b) of this subpart or state with a limited permit to an area designated as a regulated article in ac- of the United States that is not a com- cordance with § 301.75–3(c) of this sub- mercial citrus-producing area may not part. subsequently be moved interstate into Regulated fruit, regulated nursery any commercial citrus-producing area. stock, regulated plant, regulated seed, [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. regulated tree. Any fruit, nursery stock, 19, 1990; 72 FR 13427, Mar. 22, 2007] plant, seed, or tree defined as a regulated article. § 301.75–3 Regulated articles. Seedlings. Certified citrus seeds (a) Plants or plant parts, including densely planted in seed beds and al- fruit and seeds, or any of the following: lowed to germinate and grow until All species, clones, cultivars, strains, their viability as liners or rootstock varieties, and hybrids of the genera Cit- can be assessed. rus and Fortunella, and all clones, State. Each of the 50 States of the cultivars, strains, varieties, and hy- United States, the District of Colum- brids of the species Clausena lansium bia, Guam, the Northern Mariana Is- and Poncirus trifoliata. The most com- lands, Puerto Rico, the Virgin Islands mon of these are: lemon, pummelo, of the United States, and all other ter- grapefruit, key lime, persian lime, tan- ritories and possessions of the United gerine, satsuma, tangor, citron, sweet States. orange, sour orange, mandarin, tan- United States. All of the States, the gelo, ethrog, kumquat, limequat, District of Columbia, Guam, the North- calamondin, trifoliate orange, and ern Mariana Islands, Puerto Rico, the wampi. Virgin Islands of the United States, (b) Grass, plant, and tree clippings. and all other territories and possessions of the United States. (c) Any other product, article, or means of conveyance, of any character [55 FR 37450, Sept. 11, 1990, as amended at 61 whatsoever, not covered by paragraph FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, (a) of this section, when it is deter- 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, mined by an inspector that it presents June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR a risk of spread of citrus canker and 65203, Nov. 19, 2007; 74 FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011] the person in possession thereof has actual notice that the product, article, or § 301.75–2 General prohibitions. means of conveyance is subject to the (a) Regulated articles may not be provisions of this subpart. moved interstate from a quarantined [50 FR 51231, Dec. 13, 1985, as amended at 54 area except in accordance with a pro- FR 12180, Mar. 24, 1989. Redesignated and tocol in §§ 301.75–6, 301.75–7, or 301.75–8, amended at 55 FR 37450, Sept. 11, 1990] or in accordance with § 301.75–4 if less than an entire State is designated as a § 301.75–4 Quarantined areas. quarantined area. Regulated articles (a) The following States or portions may be moved in accordance with the of States are designated as quarantined regulations in § 301.75–9 for scientific or areas: The State of Florida. experimental purposes only. (b) The Administrator may designate (b) Regulated articles moved from a any non-quarantined area as a quar- quarantined area with a limited permit antined area in accordance with para- may not be moved interstate into any graphs (c) and (d) of this section upon commercial citrus-producing area, ex- giving written notice of this designa- cept as follows: The regulated articles tion to the owner or persons in posses- may be moved through a commercial sion of the non-quarantined area. citrus-producing area if they are cov- Thereafter, regulated articles may be ered, or enclosed in containers or in a moved interstate from that area only

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in accordance with this subpart. As is fenced, prohibits the removal of soon as practicable, this area will be dumped material, and covers dumped added to the list in paragraph (a) of material with dirt at the end of every this section, or the Administrator will day that dumping occurs. terminate the designation. The owner (ii) Regulated fruit may be moved or person in possession of an area for intrastate from a quarantined area for which designation is terminated will be packing, either for subsequent inter- given written notice as soon as prac- state movement with a limited permit ticable. or for export from the United States, if (c) Any State or portion of a State all of the following conditions are met: where an infestation is detected will be (A) The regulated fruit is accom- designated as a quarantined area and panied by a document that states the will remain so until the area has been location of the grove in which the regu- without infestation for 2 years. lated fruit was produced, the variety (d) Less than an entire State will be and quantity of regulated fruit being designated as a quarantined area only moved intrastate, the address to which if all of the following conditions are the regulated fruit will be delivered for met: packing, and the date the intrastate (1) Survey. No area has been des- movement began. ignated a survey area. (B) The regulated fruit and any (2) Intrastate movement of regulated ar- leaves and litter are completely cov- ticles. The State enforces restrictions ered, or enclosed in containers or in a on the intrastate movement of regu- compartment of a vehicle, during the lated articles from the quarantined intrastate movement. area that are at least as stringent as (C) The vehicles, covers, and any con- those on the interstate movement of tainers used to carry the regulated regulated articles from the quar- fruit intrastate are treated in accord- antined area, except as follows: ance with part 305 of this chapter be- (i) Regulated fruit may be moved fore leaving the premises where the intrastate from a quarantined area for regulated fruit is unloaded for packing. processing into a product other than (D) Any equipment that comes in fresh fruit if all of the following condi- contact with the regulated fruit at the tions are met: packing plant is treated in accordance (A) The regulated fruit is accom- with part 305 of this chapter before panied by a document that states the being used to handle any fruit eligible location of the grove in which the regu- for interstate movement to commer- lated fruit was produced, the variety cial citrus-producing areas, and and quantity of regulated fruit being (E) All leaves and litter collected moved intrastate, the address to which from the shipment of regulated fruit at the regulated fruit will be delivered for the packing plant are either inciner- processing, and the date the intrastate ated at the packing plant or buried at movement began, a public landfill that is fenced, pro- (B) The regulated fruit and any hibits the removal of dumped material, leaves and litter are completely cov- and covers dumped material with dirt ered, or enclosed in containers or in a at the end of every day that dumping compartment of a vehicle, during the occurs. All culls collected from the intrastate movement. shipment of regulated fruit are either (C) The vehicles, covers, and any con- processed into a product other than tainers used to carry the regulated fresh fruit, incinerated at the packing fruit intrastate are treated in accord- plant, or buried at a public landfill ance with part 305 of this chapter be- that is fenced, prohibits the removal of fore leaving the premises where the dumped material, and covers dumped regulated fruit is unloaded for proc- material with dirt at the end of every essing, and day that dumping occurs. Any culls (D) All leaves, litter, and culls col- moved intrastate for processing must lected from the shipment of regulated be completely covered, or enclosed in fruit at the processing facility are ei- containers or in a compartment of a ther incinerated at the processing fa- vehicle, during the intrastate move- cility or buried at a public landfill that ment, and the vehicles, covers, and any

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containers used to carry the regulated regulated plant or regulated tree is in- fruit must be treated in accordance fected, the State must provide written with part 305 of this chapter before notice to the owner of the infected leaving the premises where the regu- plant or infected tree that the infected lated fruit is unloaded for processing. plant or infected tree must be de- (iii) Grass, tree, and plant clippings stroyed. The owner must have the in- may be moved intrastate from the fected plant or infected tree destroyed quarantined area for disposal in a pub- within 45 days after receiving the writ- lic landfill or for composting in a recy- ten notice. cling facility, if all of the following conditions are met: [55 FR 37450, Sept. 11, 1990] (A) The public landfill or recycling EDITORIAL NOTE: For FEDERAL REGISTER ci- facility is located within the survey tations affecting § 301.75–4, see the List of area described in paragraph (d)(1) of CFR Sections Affected, which appears in the this section, Finding Aids section of the printed volume (B) The grass, tree, or plant clippings and at www.govinfo.gov. are completely covered during the movement from the quarantined area § 301.75–5 Commercial citrus-pro- to the public landfill or recycling facil- ducing areas. ity, and (a) The following are designated as (C) Any public landfill used is fenced, commercial citrus-producing areas: prohibits the removal of dumped material, and covers dumped material with American Samoa Northern Mariana dirt at the end of every day that dump- Arizona Islands ing occurs. California Puerto Rico (3) Inspections. (i) In the quarantined Florida Texas area, every regulated plant and regu- Guam Virgin Islands of the lated tree, except indoor houseplants Hawaii United States and regulated plants and regulated Louisiana trees at nurseries, is inspected for cit- (b) The list in paragraph (a) of this rus canker at least once a year, be- section is intended to include jurisdic- tween May 1 through December 31, by tions which have commercial citrus- an inspector. producing areas. Less than an entire (ii) In the quarantined area, every State may be designated as a commer- regulated plant and regulated tree at cial citrus-producing area only if the every nursery containing regulated Administrator determines that the plants or regulated trees is inspected area not included as a commercial cit- for citrus canker by an inspector at intervals of no more than 45 days. rus-producing area does not contain (4) Treatment of personnel, vehicles, commercial citrus plantings; that the and equipment. In the quarantined area, State has adopted and is enforcing a all vehicles, equipment, and other arti- prohibition on the intrastate move- cles used in providing inspection, ment from areas not designated as maintenance, harvesting, or related commercial citrus-producing areas to services in any grove containing regu- commercial citrus-producing areas of lated plants or regulated trees, or in fruit which are designated as regulated providing landscaping or lawn care articles and which were moved inter- services on any premises containing state from a quarantined State pursu- regulated plants or regulated trees, ant to a limited permit; and that the must be treated in accordance with designation of less than the entire part 305 of this chapter upon leaving State as a commercial citrus-producing the grove or premises. All personnel area will otherwise be adequate to pre- who enter the grove or premises to pro- vent the interstate spread of citrus vide these services must be treated in canker. accordance with part 305 of this chapter upon leaving the grove or premises. [50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, (5) Destruction of infected plants and 1986, as amended at 53 FR 13242, Apr. 22, 1988; trees. No more than 7 days after a State 53 FR 44173, Nov. 2, 1988. Redesignated at 55 or Federal laboratory confirms that a FR 37450, Sept. 11, 1990]

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§ 301.75–6 Interstate movement of reg- cordance with part 305 of this chapter ulated nursery stock from a quar- in order for the nursery to be eligible antined area. to produce kumquat plants to be (a) Regulated nursery stock may not moved interstate under this paragraph be moved interstate from a quar- (b). Fifteen days after these actions are antined area unless such movement is completed, the nursery may receive authorized in this section. new kumquat seed or cuttings from a (b) Kumquat (Fortunella spp.) plants, nursery that is eligible to produce with or without fruit attached, may be kumquat plants for interstate move- moved interstate from a quarantined ment under this paragraph (b). area into any area of the United States (7) The plants, except for plants that except commercial citrus-producing are hermetically sealed in plastic bags areas if all of the following conditions before leaving the nursery, are com- are met: pletely enclosed in containers or vehi- (1) The plants are own-root-only and cle compartments during movement have not been grafted or budded; through the quarantined area. (2) The plants are started, are grown, (8) The kumquat plants or trees are and have been maintained solely at the accompanied by a limited permit nursery from which they will be moved issued in accordance with § 301.75–12. interstate. The statement ‘‘Limited permit: Not (3) If the plants are not grown from for distribution in AZ, CA, HI, LA, TX, seed, then the cuttings used for propa- and American Samoa, Guam, Northern gation of the plants are taken from Mariana Islands, Puerto Rico, and Vir- plants located on the same nursery gin Islands of the United States’’ must premises or from another nursery that be displayed on a plastic or metal tag is eligible to produce kumquat plants attached to each plant, or on the box for interstate movement under the re- or container if the plant is sealed in quirements of this paragraph (b). plastic. In addition, this statement Cuttings may not be obtained from must be displayed on the outside of any properties where citrus canker is shipping containers used to transport present. these plants, and the limited permit (4) All citrus plants at the nursery must be attached to the bill of lading premises have undergone State inspec- or other shipping document that action and have been found to be free of companies the plants. citrus canker no less than three times. (c) Regulated nursery stock produced The inspections must be at intervals of in a nursery within a quarantined area 30 to 45 days, with the most recent in- may be moved interstate to any area spection being within 30 days of the within the United States, if all of the date on which the plants are removed following conditions are met: and packed for shipment. (1) The nursery in which the nursery (5) All vehicles, equipment, and other stock is produced has entered into a articles used in providing inspection, compliance agreement in which it maintenance, or related services in the agrees to meet the relevant construc- nursery must be treated in accordance tion standards, sourcing and certifi- with part 305 of this chapter before en- cation requirements, cleaning, dis- tering the nursery to prevent the intro- infecting, and safeguarding require- duction of citrus canker. All personnel ments, labeling requirements, and rec- who enter the nursery to provide these ordkeeping and inspection require- services must be treated in accordance ments specified in a PPQ protocol doc- with part 305 of this chapter before en- ument. The protocol document will be tering the nursery to prevent the intro- provided to the person at the time he duction of citrus canker. or she enters into the compliance (6) If citrus canker is found in the agreement. 1 The compliance agree- nursery, all regulated plants and plant ment may also specify additional con- material must be removed from the ditions determined by APHIS to be nursery and all areas of the nursery’s facilities where plants are grown and 1 The protocol document is also available all associated equipment and tools used on the Internet at http://www.aphis.usda.gov/ at the nursery must be treated in ac- plantlhealth/plantlpestlinfo/citrus/

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necessary in order to prevent the dis- compliance agreement with APHIS in semination of citrus canker under accordance with § 301.75-13. which the nursery stock must be (2) The regulated fruit was treated in grown, maintained, and shipped in accordance with part 305 of this chap- order to obtain a certificate for its ter. movement. The compliance agreement (3) The regulated fruit is free of will also specify that APHIS may leaves, twigs, and other plant parts, ex- amend the agreement. cept for stems that are less than 1 inch (2) An inspector has determined that long and attached to the fruit. the nursery has adhered to all terms (4) If the fruit is repackaged after and conditions of the compliance being packed in a commercial packing- agreement. house and before it is moved interstate (3) The nursery stock is accompanied from the quarantined area, the person by a certificate issued in accordance that repackages the fruit must enter with § 301.75–12. into a compliance agreement with (4) The nursery stock is completely APHIS in accordance with § 301.75-13 enclosed in a sealed container that is and issue and attach a certificate for clearly labeled with the certificate and the interstate movement of the fruit in is moved interstate in that container. accordance with § 301.75-12. (5) A copy of the certificate is at- (b) Regulated fruit that is not eligi- tached to the consignee’s copy of the ble for movement under paragraph (a) accompanying waybill. of this section may be moved inter- (d) Regulated nursery stock produced state only for immediate export. The in a nursery located in a quarantined regulated fruit must be accompanied area that is not eligible for movement by a limited permit issued in accord- under paragraph (b) or paragraph (c) of ance with § 301.75-12 and must be moved this section may be moved interstate in a container sealed by APHIS di- only for immediate export. The regu- rectly to the port of export in accord- lated nursery stock must be accom- ance with the conditions of the limited panied by a limited permit issued in permit. accordance with § 301.75–12 and must be (Approved by the Office of Management and moved in a container sealed by APHIS Budget under control number 0579-0325) directly to the port of export in accordance with the conditions of the limited [74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010] permit. (Approved by the Office of Management and § 301.75–8 Interstate movement of reg- Budget under control number 0579–0369) ulated seed from a quarantined area. [72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 FR 4240, Jan. 26, Regulated seed may be moved inter- 2010; 76 FR 23457, Apr. 27, 2011] state from a quarantined area into any area of the United States if all of the § 301.75–7 Interstate movement of reg- following conditions are met: ulated fruit from a quarantined (a) During the 2 years before the area. interstate movement, no plants or (a) Regulated fruit produced in a plant parts infected with or exposed to quarantined area or moved into a quar- citrus canker were found in the grove antined area for packing may be moved or nursery producing the fruit from interstate with a certificate issued and which the regulated seed was ex- attached in accordance with § 301.75-12 tracted. if all of the following conditions are (b) The regulated seed was treated in met: accordance with part 305 of this chap- (1) The regulated fruit was packed in ter. a commercial packinghouse whose (c) The regulated seed is accom- owner or operator has entered into a panied by a certificate issued in accordance with § 301.75–12 of this subpart. index.shtml and may be obtained from local Plant Protection and Quarantine offices, [55 FR 37452, Sept. 11, 1990, as amended at 75 which are listed in telephone directories. FR 4240, Jan. 26, 2010]

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§ 301.75–9 Interstate movement of reg- (c) The regulated article is com- ulated articles from a quarantined pletely covered, or enclosed in con- area for experimental or scientific tainers or in a compartment of a vehi- purposes. cle, during movement through the A regulated article may be moved quarantined area, except that, covering interstate from a quarantined area if: or enclosure is not required if the regu- (a) Moved by the United States De- lated article is moved through the partment of Agriculture for experi- quarantined area without stopping, ex- mental or scientific purposes; cept for refueling or for traffic condi- (b) Moved pursuant to a Depart- tions, such as traffic lights or stop mental permit issued for such article signs. by the Administrator; [55 FR 37452, Sept. 11, 1990] (c) Moved in accordance with conditions specified on the Departmental § 301.75–11 [Reserved] permit and determined by the Adminis- trator to be adequate to prevent the § 301.75–12 Certificates and limited spread of citrus canker, i.e., conditions permits. of treatment, processing, growing, shipment, disposal; and (a) Issuance and withdrawal. (1) Cer- tificates and limited permits may be (d) Moved with a Departmental tag or label securely attached to the out- issued for the interstate movement of side of the container containing the ar- regulated articles only by an inspector ticle or securely attached to the article or by persons operating under a com- itself if not in a container, with such pliance agreement. tag or label bearing a Departmental (2) A certificate or limited permit permit number corresponding to the may be withdrawn by an inspector if number of the Departmental permit the inspector determines that any of issued for such article. the applicable requirements of this subpart have not been met. The deci- [50 FR 51231, Dec. 13, 1985. Redesignated and sion of the inspector and the reason for amended at 55 FR 37450, Sept. 11, 1990] the withdrawal must be confirmed in § 301.75–10 Interstate movement of writing as promptly as circumstances regulated articles through a quar- allow. Any person whose certificate or antined area. limited permit is withdrawn may appeal the decision in writing to the Ad- Any regulated article not produced in a quarantined area may be moved ministrator within 10 days after receiv- interstate through a quarantined area, ing the written notification. The ap- without a certificate, limited permit, peal must state all of the facts and rea- or Departmental permit, if all of the sons upon which the person relies to following conditions are met: show that the certificate or limited (a) The regulated article is accom- permit was wrongfully withdrawn. The panied by either: A receipt showing Administrator must grant or deny the that the regulated article was pur- appeal in writing, stating the reasons chased outside the quarantined area, or for the decision, as promptly as cir- a bill of lading stating the location of cumstances allow. If there is a conflict the premises where the shipment origi- as to any material fact, a hearing will nated, the type and quantity of regu- be held to resolve the conflict. Rules of lated articles being moved interstate, practice concerning the hearing will be and the date the interstate movement adopted by the Administrator. began. (b) Attachment and disposition. (1) Ex- (b) The regulated article is moved cept as provided in § 301.75–6(b)(8) for through the quarantined area without kumquat plants, or in § 301.75–6(c)(4) being unloaded, and no regulated arti- through (c)(5) for any regulated nurs- cle, except regulated fruit that quali- ery stock, certificates and limited per- fies for interstate movement from the mits accompanying regulated articles quarantined area in accordance with interstate must be attached during the § 301.75–7 of this subpart, is added to the interstate movement to one of the fol- shipment in the quarantined area. lowing:

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(i) The outside of the regulated arti- pliance agreement was wrongfully can- cle, if the regulated article is not celled. The Administrator must grant packed in a container, or or deny the appeal, in writing, stating (ii) The outside of the container in the reasons for the decision, as prompt- which the regulated article is packed, ly as circumstances allow. If there is a or conflict as to any material fact, a hear- (iii) The consignee’s copy of the ac- ing will be held to resolve the conflict. companying waybill, but only if the Rules of practice concerning the hear- regulated article is described on the ing will be adopted by the Adminis- certificate, limited permit, or waybill trator. in a way that allows the regulated arti- [55 FR 37453, Sept. 11, 1990, as amended at 59 cle to be identified. FR 67608, Dec. 30, 1994; 76 FR 23457, Apr. 27, (2) Certificates and limited permits 2011] accompanying regulated articles interstate must be given to the consignee at § 301.75–14 Costs and charges. the point of destination. The services of the inspector shall be [55 FR 37453, Sept. 11, 1990, as amended at 72 furnished without cost. The United FR 13428, Mar. 22, 2007; 74 FR 16104, Apr. 9, States Department of Agriculture will 2009; 76 FR 23457, Apr. 27, 2011] not be responsible for any costs or charges incident to inspections or com- § 301.75–13 Compliance agreements. pliance with the provisions in this sub- (a) Eligibility. Any person engaged in part, other than for the services of the the business of growing or handling inspector. regulated articles for interstate movement may enter into a compliance [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] agreement with the Animal and Plant Health Inspection Service to facilitate § 301.75–15 Funds for the replacement the interstate movement of regulated of commercial citrus trees. articles in accordance with this sub- Subject to the availability of appro- part. Compliance agreements may be priated funds, the owner of a commer- arranged by contacting a local office of cial citrus grove may be eligible to re- Plant Protection and Quarantine, Ani- ceive funds to replace commercial cit- mal and Plant Health Inspection Serv- rus trees in accordance with the provi- ice (listed in local telephone direc- sions of this section. tories), or by contacting the Animal (a) Eligibility. The owner of a com- and Plant Health Inspection Service, mercial citrus grove may be eligible to Plant Protection and Quarantine, Do- receive funds to replace commercial mestic and Emergency Operations, 4700 citrus trees removed to control citrus River Road Unit 134, Riverdale, Mary- canker if the trees were removed pur- land 20737–1236. suant to a public order between 1986 (b) Cancellation. Any compliance and 1990 or on or after September 28, agreement may be cancelled orally or 1995. in writing by an inspector if the inspec- (b) Tree replacement payments. The tor finds that the person who entered owner of a commercial citrus grove into the compliance agreement has who is eligible under paragraph (a) of failed to comply with this subpart, or this section to receive funds to replace any term or condition of the compli- commercial citrus trees will, upon ap- ance agreement itself. If the person is proval of an application submitted in given notice of cancellation orally, accordance with paragraph (c) of this written confirmation of the decision section, receive a payment of $26 per and the reasons for it must be provided tree up to the following per-acre max- as promptly as circumstances allow. imum payments: Any person whose compliance agreement is cancelled may appeal the deci- Maximum Variety payment sion in writing to the Administrator per acre within 10 days after receiving the written notification. The appeal must state Grapefruit, red seedless ...... $2,704 Orange, Valencia ...... 3,198 all of the facts and reasons upon which Orange, early/midseason/navel ...... 3,068 the person relies to show that the com- Tangelo ...... 2,964

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Maximum cial citrus trees to control citrus can- Variety payment ker. per acre (a) Eligibility. The owner of a com- Lime ...... 4,004 mercial citrus grove may be eligible to Other or mixed citrus ...... 2,704 receive payments to recover income from production that was lost as the (c) How to apply for tree replacement result of the removal of commercial funds. The form necessary to apply for citrus trees to control citrus canker if funds to replace commercial citrus the trees were removed pursuant to a trees may be obtained from any local public order between 1986 and 1990 or on citrus canker eradication program of- or after September 28, 1995. fice in Florida, or from the USDA Cit- (b) Calculation of payments. (1) The rus Canker Eradication Program, 6901 owner of a commercial citrus grove West Sunrise Boulevard, Plantation, who is eligible under paragraph (a) of FL 33313. The completed application this section to receive payments to re- should be accompanied by a copy of the cover lost production income will, upon public order directing the destruction approval of an application submitted in of the trees and its accompanying in- accordance with paragraph (c) of this ventory that describes the number and section, receive a payment calculated the variety of trees removed. Your using the following rates: completed application must be sent to the USDA Citrus Canker Eradication Citrus variety Payment Program, Attn: Commercial Tree Re- (per acre) placement Program, c/o Division of Grapefruit ...... $3,342 Plant Industry, 3027 Lake Alfred Road, Orange, Valencia, and tangerine ...... 6,446 Winter Haven, FL 33881. Claims for Orange, navel (includes early and midseason oranges) ...... 6,384 trees destroyed on or before October 16, Tangelo ...... 1,989 2000, must have been received on or be- Lime ...... 6,503 fore December 15, 2000. Claims for trees Other or mixed citrus ...... 3,342 destroyed after October 16, 2000, must (2) Payment adjustments. (i) In cases be received within 60 days after the de- where the owner of a commercial citrus struction of the trees. The Adminis- grove had obtained ACC coverage for trator may, on a case-by-case basis, ap- trees in his or her grove and received prove the consideration of late claims crop insurance payments following the when it appears that the claim was late destruction of the insured trees, the through no fault of the owner of the payment provided for under paragraph trees, in the opinion of the Adminis- (b)(1) of this section will be reduced by trator. However, any request for con- the total amount of the crop insurance sideration of a late claim must be sub- payments received by the commercial mitted to the Administrator on or be- citrus grove’s owner for the insured fore August 19, 2002 for trees destroyed trees. on or before August 17, 2001, and within (ii) In cases where ACC coverage was 1 year after the destruction of the trees available for trees in a commercial cit- for trees destroyed after August 17, rus grove but the owner of the grove 2001. had not obtained ACC coverage for his (Approved by the Office of Management and or her insurable trees, the per-acre Budget under control number 0579–0163) payment provided for under paragraph [65 FR 61080, Oct. 16, 2000, as amended at 66 (b)(1) of this section will be reduced by FR 43066, Aug. 17, 2001] 5 percent. (c) How to apply for lost production § 301.75–16 Payments for the recovery payments. The form necessary to apply of lost production income. for lost production payments may be Subject to the availability of appro- obtained from any local citrus canker priated funds, the owner of a commer- eradication program office in Florida, cial citrus grove may be eligible to re- or from the USDA Citrus Canker Eradi- ceive payments in accordance with the cation Program, 6901 West Sunrise provisions of this section to recover in- Boulevard, Plantation, FL 33313. The come from production that was lost as completed application should be ac- the result of the removal of commer- companied by a copy of the public

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order directing the destruction of the Type of certified nursery stock Payment trees and its accompanying inventory (dollars) that describes the acreage, number, Seedlings ...... 0.18/plant. and the variety of trees removed. Your Liners or rootstock ...... 1.50/plant. completed application must be sent to Budded field grown citrus plants 4.00/plant. the USDA Citrus Canker Eradication Budded container/greenhouse cit- 4.50/plant. Program, Attn: Lost Production Pay- rus plants. Citrus nursery stock in containers ments Program, c/o Division of Plant for wholesale or retail sale: Industry, 3027 Lake Alfred Road, Win- 1 gallon ...... 5.00/container. ter Haven, FL 33881. Claims for losses 3 gallon ...... 10.00/container. attributable to the destruction of trees 5 gallon ...... 15.00/container. on or before the effective date of this 7 gallon ...... 20.00/container. rule must be received on or before Sep- Larger than 7 gallon ...... 26.00/container. tember 17, 2001. Claims for losses at- (c) How to apply for certified nursery tributable to the destruction of trees stock replacement funds. The form nec- after the effective date of this rule essary to apply for funds to replace cer- must be received within 60 days after tified nursery stock may be obtained the destruction of the trees. The Ad- from any local citrus canker eradi- ministrator may, on a case-by-case basis, approve the consideration of late cation program office in Florida, or claims when the circumstances appear, from the USDA Citrus Canker Eradi- in the opinion of the Administrator, to cation Program, 6901 West Sunrise warrant such consideration. However, Boulevard, Plantation, FL 33313. The any request for consideration of a late completed application should be ac- claim must be submitted to the Admin- companied by a copy of the public istrator on or before July 18, 2002 for order directing the destruction of the trees destroyed on or before July 18, trees and its accompanying inventory 2001, and within 1 year after the de- that describes the number and type of struction of the trees for trees de- the certified nursery stock removed. If stroyed after July 18, 2001. the certified nursery stock was planted in pots, the inventory should specify [66 FR 32717, June 18, 2001; 66 FR 33740, June the size of the container. If the cer- 25, 2001; 71 FR 33172, June 8, 2006] tified nursery stock was bare root § 301.75–17 Funds for the replacement plants or in a temporary container, the of certified citrus nursery stock. inventory should specify whether the plant was non-budded or budded. The Subject to the availability of appro- completed application must be sent to priated funds, a commercial citrus the USDA Citrus Canker Eradication nursery may be eligible to receive Program, Attn: Commercial Compensa- funds to replace certified citrus nurs- tion, 10300 Sunset Dr., Suite 150, ery stock in accordance with the provi- Miami, FL 33173. Claims for certified sions of this section. nursery stock must be received by Au- (a) Eligibility. A commercial citrus gust 7, 2006. nursery may be eligible to receive funds to replace certified citrus nurs- [71 FR 33172, June 8, 2006] ery stock removed to control citrus canker if the nursery stock was re- Subpart N—Citrus Greening and moved pursuant to a public order after Asian Citrus Psyllid September 30, 2001, and before January 10, 2006. (b) Certified citrus nursery stock pay- SOURCE: 75 FR 34332, June 17, 2010, unless ments. A commercial citrus nursery otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. that is eligible under paragraph (a) of this section to receive funds to replace § 301.76 Restrictions on the interstate certified citrus nursery stock will, movement of regulated articles. upon approval of an application submitted in accordance with paragraph No person may move interstate from (c) of this section, receive a payment any quarantined area any articles reg- calculated using the following rates: ulated for citrus greening and Asian

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citrus psyllid, except in accordance that the Administrator determines is with this subpart. 1 likely to persist for the foreseeable future. § 301.76–1 Definitions. Inspector. An individual authorized Administrator. The Administrator of by the Administrator to perform the the Animal and Plant Health Inspec- duties required under this subpart. tion Service or any individual author- Interstate. From any State into or ized to act for the Administrator. through any other State. Animal and Plant Health Inspection Limited permit. A document issued by Service (APHIS). The Animal and Plant an inspector or person operating under Health Inspection Service of the United a compliance agreement to allow the States Department of Agriculture. interstate movement of regulated arti- Asian citrus psyllid. The insect known cles to a specified destination, for spec- as Asian citrus psyllid (Diaphorina citri ified handling, processing, or utiliza- Kuwayama) in any stage of develop- tion. ment. Moved (move, movement). Shipped, of- Certificate. A document, stamp, or fered for shipment, received for trans- other means of identification approved portation, transported, carried (wheth- by APHIS and issued by an inspector or er on one’s person or by any other person operating under a compliance means of conveyance), or allowed to be agreement when he or she finds that, moved, shipped, transported, or car- because of certain conditions, a regu- ried. For the purposes of this subpart, lated article can be moved safely from movements include any type of ship- an area quarantined for Asian citrus ment, including mail and Internet psyllid and/or citrus greening without commerce. spreading the psyllid or the disease. Nursery. Any commercial location Citrus greening. A plant disease, also where nursery stock is grown, propa- commonly referred to as gated, stored, maintained, or sold, or Huanglongbing disease of citrus, that any location from which nursery stock is caused by several strains of the is distributed. uncultured, phloem-limited bacterial Nursery stock. Any plants or plant pathogen ‘‘Candidatus Liberibacter parts, excluding fruit, intended to be asiaticus’’. planted, to remain planted, or to be re- Commercial citrus grove. A solid-set planted. Nursery stock includes, but is planting of trees maintained for the not limited to, trees, shrubs, cuttings, primary purpose of producing citrus grafts, scions, and buds. fruit for commercial sale. Person. Any association, company, Compliance agreement. A written corporation, firm, individual, joint agreement between APHIS and a per- stock company, partnership, society, son engaged in the business of growing, or other entity. maintaining, processing, handling, Port. Any place designated by the packing, or moving regulated articles President, Secretary of the Treasury, for interstate movement, in which the or Congress at which a Customs officer person agrees to comply with this sub- is assigned with authority to accept part. For the purposes of this subpart, entries of merchandise, to collect du- a memorandum of understanding is ties, and to enforce the various provi- considered a compliance agreement. sions of the Customs and Navigation EPA. The U.S. Environmental Pro- laws in force at that place. tection Agency. Quarantined area. Any State or por- Established population. Presence of tion of a State designated as a quar- Asian citrus psyllid within an area antined area for Asian citrus psyllid or citrus greening in accordance with 1 In order to enforce this section, any prop- § 301.76-3. erly identified inspector is authorized to stop Regulated article. Any article listed in and inspect persons and means of conveyance § 301.76-2 or otherwise designated as a and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise regulated article in accordance with dispose of host articles as provided in sec- § 301.76-2(c). tions 414, 421, and 434 of the Plant Protection State. The District of Columbia, Puer- Act (7 U.S.C. 7714, 7731, and 7754). to Rico, the Northern Mariana Islands,

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or any State, territory, or possession of (d) Plant parts of the species listed in the United States. paragraph (a) of this section may be exempted from the regulations in this [75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012] subpart, provided that the parts have been processed such that an inspector § 301.76–2 Regulated articles for Asian determines they no longer present a citrus psyllid and citrus greening. risk of spreading Asian citrus psyllid The following are regulated articles or citrus greening. for Asian citrus psyllid and citrus greening: § 301.76–3 Quarantined areas; citrus greening and Asian citrus psyllid. (a) All plants and plant parts (including leaves), except fruit, of: Aegle (a) The Administrator will designate marmelos, Aeglopsis chevalieri, Afraegle an area as a quarantined area for citrus gabonensis, A. paniculata, Amyris greening or as a quarantined area for madrensis, Atalantia spp. (including Asian citrus psyllid in accordance with Atalantia monophylla), Balsamocitrus the criteria listed in paragraph (c) of dawei, Bergera (=Murraya) koenigii, this section. The Administrator will Calodendrum capense, Choisya ternate, C. publish a description of all areas quar- arizonica, X Citroncirus webberi, Citropsis antined for citrus greening or Asian articulata, Citropsis gilletiana, Citrus citrus psyllid on the Plant Protection madurensis (= X Citrofortunella and Quarantine (PPQ) Web site: (http:// microcarpa), Citrus spp., Clausena www.aphis.usda.gov/plantlhealth/ anisum-olens, C. excavata, C. indica, C. plantlpestlinfo/citruslgreening/ lansium, Eremocitrus glauca, Eremocitrus index.shtml). The description of each hybrid, Esenbeckia berlandieri, quarantined area will include the date Fortunella spp., Limonia acidissima, the description was last updated and a Merrillia caloxylon, Microcitrus description of any changes that have australasica, M. australis, M. papuana, X been made to the quarantined area. Microcitronella spp., Murraya spp., Lists of all quarantined areas may also Naringi crenulata, Pamburus missionis, be obtained by request from any local Poncirus trifoliata, Severinia buxifolia, office of PPQ; local offices are listed in Swinglea glutinosa, Tetradium telephone directories and on the Inter- ruticarpum, Toddalia asiatica, Triphasia net at (http://www.aphis.usda.gov/serv- trifolia, Vepris (=Toddalia) lanceolata, ices/reportlpestldisease/re- and Zanthoxylum fagara. portlpestldisease.shtml). After a (b) Propagative seed of the species change is made to the description of listed in paragraph (a) of this section is quarantined areas, we will publish a considered a host of citrus greening but notice in the FEDERAL REGISTER in- not a host of Asian citrus psyllid. forming the public that the change has Therefore, notwithstanding the other occurred and describing the change to provisions of this subpart, the move- the quarantined areas. ment of propagative seed of these spe- (b) Designation of an area less than an cies from an area quarantined for cit- entire State as a quarantined area. Less rus greening is prohibited, while the than an entire State will be designated movement of such seed from an area as a quarantined area for citrus green- quarantined only for Asian citrus ing or the Asian citrus psyllid only if psyllid, but not for citrus greening, is the Administrator determines that: allowed without restriction. (1) The State has adopted and is en- (c) Any other product, article, or forcing restrictions on the intrastate means of conveyance may be des- movement of regulated articles that ignated a regulated article for Asian are equivalent to those imposed by this citrus psyllid or citrus greening, if an subpart on the interstate movement of inspector determines that it presents a regulated articles; and risk of spreading these pests, and after (2) The designation of less than the the inspector provides written notifica- entire State as a quarantined area will tion to the person in possession of the prevent the interstate spread of citrus product, article, or means of convey- greening or Asian citrus psyllid. ance that it is subject to the restric- (c) Criteria for designation of a State, tions of this subpart. or a portion of a State, as a quarantined

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area for citrus greening or Asian citrus (c) Nursery stock that will be moved psyllid. (1) A State, or portion of a interstate in accordance with § 301.76–7 State, will be designated as a quar- may be moved without being labeled in antined area for citrus greening when accordance with paragraph (a) of this the presence of citrus greening is con- section. firmed within the area by an APHIS- (Approved by the Office of Management and administered test. Budget under control number 0579-0363) (2) A State, or portion of a State, will [75 FR 34332, June 17, 2010, as amended at 76 be designated as a quarantined area for FR 23457, Apr. 27, 2011] Asian citrus psyllid in which an established population of Asian citrus § 301.76–5 General conditions gov- psyllids has been detected. erning the issuance of any certifi- (3) A State, or portion of a State, will cate or limited permit; provisions for cancellation of a certificate or be designated as a quarantined area for limited permit. either citrus greening or Asian citrus (a) In addition to all psyllid if the Administrator considers Certificates. other relevant conditions within this it necessary to quarantine the area be- subpart, an inspector or person oper- cause of its inseparability for quar- ating under a compliance agreement antine enforcement purposes from lo- will issue a certificate only if a regu- calities in which citrus greening or an lated article: established population of Asian citrus (1) Will be moved in compliance with psyllids has been found. any additional emergency conditions that the Administrator may impose § 301.76–4 Labeling requirements for under section 414 of the Plant Protec- regulated nursery stock produced 2 within an area quarantined for cit- tion Act (7 U.S.C. 7714) to prevent the rus greening. spread of Asian citrus psyllid; and (2) Is eligible for unrestricted move- (a) Effective September 15, 2010, ex- ment under all other Federal domestic cept as provided in paragraphs (b) and plant quarantines and regulations ap- (c) of this section, all regulated nurs- plicable to the article. ery stock offered for commercial sale (b) Limited permits. In addition to all within an area quarantined for citrus other relevant conditions within this greening must have an APHIS-ap- subpart, an inspector or person oper- proved plastic or metal tag on which a ating under a compliance agreement statement alerting consumers to Fed- may issue a limited permit for the eral prohibitions regarding the inter- interstate movement of a regulated ar- state movement of the article is promi- ticle only if the regulated article: nently and legibly displayed. Alter- (1) Is to be moved interstate to a natively, if the article is destined for specified destination for specified han- commercial sale in a box or container, dling, processing, or utilization (the the statement may be printed on the destination and other conditions to be box or container, or printed on a label listed in the limited permit) and this permanently affixed to the box or con- movement of the regulated article will tainer, provided that, in either case, not result in the spread of citrus green- the statement is prominently and leg- ing or the Asian citrus psyllid; ibly displayed. The operator of the site (2) Is to be moved in compliance with of propagation of the nursery stock and any additional emergency conditions the person offering the plants for com- the Administrator may impose under mercial sale are jointly responsible for section 414 of the Plant Protection Act all such labeling. (7 U.S.C. 7714) to prevent the spread of (b) Nursery stock produced within a citrus greening and the Asian citrus quarantined area for planting in a com- psyllid; and mercial citrus grove within that same area and moved directly to that grove, 2 An inspector may hold seize, quarantine, treat, apply other remedial measures to, de- without movement outside of the quar- stroy, or otherwise dispose of plants, plant antined area, may be moved without pests, or other articles in accordance with being labeled in accordance with para- sections 414, 421, and 423 of the Plant Protec- graph (a) of this section. tion Act (7 U.S.C. 7714, 7731, and 7754).

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(3) Is eligible for interstate move- state movement of that article is pro- ment under all other Federal domestic hibited. plant quarantines and regulations applicable to the article. (Approved by the Office of Management and Budget under control number 0579-0363) (c) Certificates and limited permits for the interstate movement of a regu- § 301.76–6 Additional conditions for lated article may be issued by an in- issuance of certificates and limited spector or person operating under a permits for regulated articles compliance agreement. A person oper- moved interstate from areas quar- ating under a compliance agreement antined for Asian citrus psyllid, but may issue a certificate for the inter- not for citrus greening. state movement of a regulated article (a) Additional conditions for issuance of after he or she has determined that the a certificate; any regulated article. In ad- article is eligible for a certificate in ac- dition to the general conditions for cordance with paragraph (a) of this sec- issuance of a certificate contained in tion and all other relevant conditions § 301.76-5(a), an inspector or person op- of this subpart. A person operating erating under a compliance agreement under a compliance agreement may may issue a certificate for the inter- issue a limited permit for interstate state movement of any regulated arti- movement of a regulated article after cle to any State if: he or she has determined that the arti- (1) The article is treated with methyl cle is eligible for a limited permit in bromide 3 in accordance with 7 CFR accordance with paragraph (b) of this part 305 of this chapter. section and all other relevant condi- (2) The article is shipped in a con- tions of this subpart. tainer that has been sealed with an ag- (d) Any certificate or limited permit ricultural seal placed by an inspector. that has been issued may be withdrawn, either orally or in writing, by (3) The container that will be moved an inspector if he or she determines interstate is clearly labeled with the that the holder of the certificate or certificate. limited permit has not complied with (4) A copy of the certificate will be all of the provisions in this subpart or attached to the consignee’s copy of the has not complied with all the condi- accompanying waybill. tions contained in the certificate or (b) Additional conditions for issuance of limited permit. If the withdrawal is a certificate; regulated nursery stock. In oral, the withdrawal and the reasons addition to the general conditions for for the withdrawal will be confirmed in issuance of a certificate contained in writing as soon as circumstances allow. § 301.76–5(a), an inspector or person op- Any person whose certificate or limited erating under a compliance agreement permit has been withdrawn may appeal may issue a certificate for interstate the decision in writing to the Adminis- movement of regulated nursery stock trator within 10 days after receiving to any State if: the written notification of the with- (1) The nursery in which the nursery drawal. The appeal must state all of stock is produced has entered into a the facts and reasons upon which the compliance agreement with APHIS in person relies to show that the certifi- which it agrees to meet the relevant cate or limited permit was wrongfully construction standards, sourcing and withdrawn. As promptly as cir- certification requirements, cleaning, cumstances allow, the Administrator disinfecting, and safeguarding require- will grant or deny the appeal, in writ- ments, labeling requirements, and rec- ing, stating the reasons for the deci- ordkeeping and inspection require- sion. A hearing will be held to resolve ments specified in a PPQ protocol doc- any conflict as to any material fact. ument. The protocol document will be Rules of practice concerning a hearing provided to the person at the time he will be adopted by the Administrator. or she enters into the compliance (e) Unless specific provisions exist in § 301.76-6 or § 301.76-7 of this subpart to 3 EPA and State and local environmental allow the interstate movement of a authorities may restrict the use of methyl certain regulated article, the inter- bromide on certain articles.

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agreement. 4 The compliance agree- (ii) All citrus nursery stock at the ment may also specify additional con- nursery has been inspected by an in- ditions determined by APHIS to be spector every 30 days, and any findings necessary in order to prevent the of Asian citrus psyllid during an in- spread of Asian citrus psyllid under spection have been reported to APHIS which the nursery stock must be immediately; grown, maintained, and shipped in (iii) The nursery stock is treated for order to obtain a certificate for its Asian citrus psyllid with an APHIS-ap- movement. The compliance agreement proved soil drench or in-ground granu- will also specify that APHIS may lar application no more than 90 days amend the agreement. (2) An inspector determines that the and no fewer than 30 days before ship- nursery has adhered to all terms and ment, followed by an APHIS-approved conditions of the compliance agree- foliar spray no more than 10 days be- ment. fore shipment. All treatments must be (3) The nursery stock is completely applied according to their EPA label, enclosed in a sealed container that is including directions on application, re- clearly labeled with the certificate and strictions on place of application and is moved interstate in that container. other restrictions, and precautions, (4) A copy of the certificate is at- and including statements pertaining to tached to the consignee’s copy of the Worker Protection Standards; accompanying waybill. (iv) The nursery stock is affixed prior (c) Additional conditions for issuance of to movement with a plastic or metal a limited permit; regulated nursery stock. tag on which the statement ‘‘Limited (1) Nursery stock that will not be moved permit: USDA–APHIS–PPQ. Not for through American Samoa, Arizona, Cali- distribution in those portions of AZ fornia, Florida, Guam, Hawaii, the North- and CA not quarantined due to the ern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In addition to presence of Asian citrus psyllid or cit- the general conditions for the issuance rus greening’’ is prominently and leg- of a limited permit contained in ibly displayed on the obverse, and ade- § 301.76–5(b), an inspector or person op- quate information as determined by erating under a compliance agreement, APHIS regarding the identity of the other than the operator of the nursery nursery stock and its source of produc- in which the nursery stock was pro- tion to conduct traceback to the nurs- duced and his or her employees, may ery in which the nursery stock was pro- issue a limited permit for the inter- duced is prominently and legibly print- state movement of regulated nursery ed on the reverse. If the nursery stock stock through areas of the United is destined for movement or sale in States other than American Samoa, boxes or containers, the statement and Arizona, California, Florida, Guam, Ha- the identifying information may be waii, Louisiana, the Northern Mariana printed on the box or container, or Islands, Puerto Rico, Texas, or the U.S. printed on a label permanently affixed Virgin Islands, and to areas of the to the box or container, provided that, United States other than those por- in either case, the statement and the tions of Arizona and California that are identifying information are promi- not quarantined due to the presence of Asian citrus psyllid or citrus greening, nently and legibly displayed; if: (v) A copy of the limited permit will (i) The nursery in which the nursery be attached to the consignee’s copy of stock is produced has entered into a the accompanying waybill; and compliance agreement with APHIS in (vi) The nursery stock is shipped in accordance with § 301.76–8; accordance with the conditions specified on the limited permit to the des- 4 The protocol document is also available tination specified on the permit. on the Internet at http://www.aphis.usda.gov/ (2) Nursery stock that will be moved plantlhealth/plantlpestlinfo/citrus/ through American Samoa, Arizona, Cali- index.shtml and may be obtained from local fornia, Florida, Guam, Hawaii, Lou- Plant Protection and Quarantine offices, which are listed in telephone directories. isiana, the Northern Mariana Islands,

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Puerto Rico, Texas, or the U.S. Virgin Is- 305 of this chapter at an irradiation fa- lands. In addition to the general condi- cility that is not located in an area tions for the issuance of a limited per- quarantined for citrus greening. mit contained in § 301.76–5(b), an inspec- (2) The container that will be used to tor or person operating under a compli- move the articles interstate is clearly ance agreement may issue a permit for labeled with the limited permit, which the interstate movement of regulated must contain the name of the State or nursery stock through American portion of a State where the articles Samoa, Arizona, California, Florida, were produced and a statement that Guam, Hawaii, Louisiana, the Northern the articles were treated in accordance Mariana Islands, Puerto Rico, Texas, with 7 CFR part 305 of this chapter. or the U.S. Virgin Islands, and to areas (3) A copy of the limited permit is at- of the United States other than those tached to the consignee’s copy of the portions of Arizona and California that accompanying waybill. are not quarantined due to the presence of Asian citrus psyllid or citrus (Approved by the Office of Management and Budget under control number 0579–0369) greening, if: (i) All conditions for movement of [75 FR 34332, June 17, 2010, as amended at 76 regulated nursery stock in paragraphs FR 23457, Apr. 27, 2011; 77 FR 59712, Oct. 1, (c)(1)(i) through (c)(1)(vi) of this sec- 2012; 78 FR 63367, Oct. 24, 2013] tion are fulfilled; § 301.76–7 Additional conditions for (ii) The nursery stock is inspected by issuance of certificates and limited an inspector on the date of shipment permits for regulated articles and found free of Asian citrus psyllid; moved interstate from areas quar- (iii) The nursery stock is completely antined for citrus greening. enclosed in a container sealed with an (a) Additional conditions for the agricultural seal and is moved inter- issuance of a certificate; regulated nurs- state in that container; ery stock produced within a nursery lo- (iv) The container prominently and cated in the quarantined area. In addi- legibly displays the statement and tion to the general conditions for identifying information specified in issuance of a certificate contained in paragraph (c)(1)(iv) of this section; § 301.76–5(a), an inspector or person op- (v) The agricultural seal remains in- erating under a compliance agreement tact throughout movement to the des- may issue a certificate for interstate tination specified on the limited per- movement of regulated nursery stock mit; and to any State if all of the following con- (vi) The agricultural seal is removed ditions are met: at the destination specified on the lim- (1) The nursery in which the nursery ited permit by an inspector. stock is produced has entered into a (d) Additional conditions for issuance of compliance agreement with APHIS in a limited permit; regulated articles in- which it agrees to meet the relevant tended for consumption, as apparel or as construction standards, sourcing and a similar personal accessory, or for other certification requirements, cleaning, 5 decorative use. In addition to the gen- disinfecting, and safeguarding require- eral conditions for issuance of a lim- ments, labeling requirements, and rec- ited permit contained in § 301.76–5(b), ordkeeping and inspection require- an inspector or person operating under ments specified in a PPQ protocol doc- a compliance agreement may issue a ument. The protocol document will be limited permit for the interstate move- provided to the person at the time he ment of regulated articles intended for or she enters into the compliance consumption, as apparel or as a similar agreement. 6 The compliance agree- personal accessory, or for other decora- ment may also specify additional con- tive use if: ditions determined by APHIS to be (1) The articles are treated with irradiation in accordance with 7 CFR part 6 The protocol document is also available on the Internet at http://www.aphis.usda.gov/ 5 Examples of such articles include Bergera plantlhealth/plantlpestlinfo/citrus/ (=Murraya) koenigii leaves, as well as index.shtml and may be obtained from local Murraya paniculata flowers or foliage. Continued

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necessary in order to prevent the dis- printed on a label permanently affixed semination of citrus greening under to the box or container, provided that, which the nursery stock must be in either case, the statement is promi- grown, maintained, and shipped in nently and legibly displayed. order to obtain a certificate for its (4) The nursery stock is accompanied movement. The compliance agreement by a copy of this limited permit at- will also specify that APHIS may tached to the consignee’s copy of the amend the agreement. waybill. (2) An inspector has determined that (5) The nursery stock is moved in ac- the nursery has adhered to all terms cordance with the conditions specified and conditions of the compliance on the limited permit directly to the agreement. port of export specified on the limit (3) The nursery stock is completely permit, in a container sealed with an enclosed in a sealed container that is agricultural seal placed by an inspec- clearly labeled with the certificate and tor. is moved interstate in that container. (6) A copy of the limited permit is at- (4) A copy of the certificate is attached to or legibly printed on this tached to the consignee’s copy of the container. accompanying waybill. (7) The nursery stock remains in this (b) Additional conditions for issuance of container, and the container remains a limited permit; regulated nursery stock sealed, as long as the plants are within grown, produced, or maintained at a the United States. nursery or other facility located in the (c) Except for nursery stock for quarantined area. In addition to the which a limited permit has been issued general conditions for issuance of a in accordance with the conditions of limited permit contained in § 301.76- paragraph (a) or (b) of this section, no 5(b), an inspector or person operating other regulated article may be moved under a compliance agreement may interstate from an area quarantined for issue a limited permit for the inter- citrus greening. state movement for immediate export of regulated nursery stock grown, pro- (Approved by the Office of Management and duced, or maintained at a nursery or Budget under control number 0579–0369) other facility located in the quar- [75 FR 34332, June 17, 2010, as amended at 76 antined area if: FR 23458, Apr. 27, 2011; 77 FR 59712, Oct. 1, (1) The nursery stock is treated for 2012] Asian citrus psyllid with an APHIS-approved soil drench or in-ground granu- § 301.76–8 Compliance agreements and lar application, followed by an APHIS- cancellation. approved foliar spray, in accordance (a) Any person involved in the grow- with § 301.76-6(b)(1), or with methyl bro- ing, maintaining, processing, handling, mide, in accordance with 7 CFR part packing, treating, or moving of regu- 305 of this chapter. lating articles from areas quarantined (2) The nursery stock is inspected by for citrus greening or Asian citrus an inspector in accordance with psyllid may enter into a compliance § 301.76–9 and found free of Asian citrus agreement when an inspector deter- psyllid, if treated in accordance with mines that the person understands this § 301.76–6(b)(1). subpart, agrees to comply with its pro- (3) The nursery stock is affixed prior visions, and agrees to comply with all to movement with a plastic or metal the provisions contained in the compli- tag on which the statement ‘‘Limited ance agreement. The person must also permit: USDA-APHIS-PPQ. For imme- agree to maintain and offer for inspec- diate export only’’ is prominently and tion such records as are necessary to legibly displayed. If the nursery stock demonstrate continual adherence to is destined for movement or sale in a the requirements of the regulations box or container, the statement may be and the provisions of the compliance printed on the box or container, or agreement. 7

Plant Protection and Quarantine offices, 7 Compliance agreement forms are avail- which are listed in telephone directories. able without charge from the Animal and

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(b) Any compliance agreement may tify the inspector as far in advance of be canceled, either orally or in writing, the desired interstate movement as by an inspector whenever the inspector possible. The articles must be in- finds that the person who has entered spected at the place and in the manner into the compliance agreement has the inspector designates as necessary failed to comply with this subpart, or to comply with this subpart. If the in- any term or condition of the compli- spector has reason to believe that the ance agreement itself. If the cancella- interstate movement of the articles tion is oral, the cancellation and the may lead to the artificial spread of cit- reasons for the cancellation will be rus greening or Asian citrus psyllid, he confirmed in writing as promptly as or she may deny issuance of a limited circumstances allow. Any person whose permit for interstate movement of the compliance agreement has been can- article or take other remedial meas- celed may appeal the decision, in writ- ures to prohibit such spread. ing, within 10 days after receiving writ- (Approved by the Office of Management and ten notification of the cancellation. Budget under control number 0579-0363) The appeal must state all of the facts [75 FR 34332, June 17, 2010, as amended at 76 and reasons upon which the person re- FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. lies to show that the compliance agree- 1, 2012] ment was wrongly canceled. As promptly as circumstances allow, the § 301.76–10 Attachment and disposition Administrator will grant or deny the of certificates and limited permits. appeal, in writing, stating the reasons (a) A certificate or limited permit re- for the decision. A hearing will be held quired for the interstate movement of to resolve any conflict as to any mate- a regulated article, or a copy thereof, rial fact. Rules of practice concerning must, at all times during the interstate a hearing will be adopted by the Ad- movement, be: ministrator. (1) Attached to or legibly printed on (Approved by the Office of Management and the outside of the container containing Budget under control numbers 0579–0363 and the regulated article or attached to the 0579–0369) regulated article itself, if the article is not packed in a container; and [75 FR 34332, June 17, 2010, as amended at 76 (2) Attached to or legibly printed on FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012] the sealed container in which the article is shipped; and § 301.76–9 Inspection of regulated (3) Attached to the consignee’s copy nursery stock. of the accompanying waybill. The host All nursery stock intended for inter- article must be sufficiently described state movement for immediate export on the certificate or limited permit from an area quarantined for citrus and on the waybill to identify the arti- greening, must be inspected by an in- cle. spector 8 no more than 72 hours prior to (b) The certificate or limited permit movement. The person who desires to for the interstate movement of a host move the articles interstate must no- article must be furnished by the carrier or the carrier’s representative to the consignee listed on the certificate or Plant Health Inspection Service, Plant Pro- limited permit upon arrival at the lo- tection and Quarantine, Domestic and Emer- gency Operations, 4700 River Road Unit 134, cation provided on the certificate or Riverdale, MD 20737–1236, and from local of- limited permit. fices of the Plant Protection and Quarantine offices, which are listed in telephone direc- § 301.76–11 Costs and charges. tories. The services of the inspector during 8 Inspectors are assigned to local offices of normal business hours (8 a.m. to 4:30 APHIS, which are listed in local telephone p.m., Monday through Friday, except directories. Information concerning local of- holidays) will be furnished without fices may also be obtained from the Animal and Plant Health Inspection Service, Plant cost. APHIS will not be responsible for Protection and Quarantine, Domestic and any costs or charges incident to inspec- Emergency Operations, 4700 River Road Unit tions or compliance with the provisions 134, Riverdale, MD 20737–1236. of the quarantine and regulations in

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this subpart, other than for the serv- (11) Stumpwood. ices of the inspector. (12) Long green cucumbers, canta- loupes, peppers, squash, tomatoes, and Subpart O—Witchweed watermelons, except those from which all soil has been removed. QUARANTINE AND REGULATIONS (13) Pickling cucumbers, string beans, and field peas. § 301.80 Quarantine; restriction on (14) Cabbage, except firm heads with interstate movement of specified loose outer leaves removed. regulated articles. (15) Leaf tobacco, except flue-cured (a) Notice of quarantine. Under the au- leaf tobacco. thority of sections 411, 412, 414, and 434 (16) Ear corn, except shucked ear of the Plant Protection Act (7 U.S.C. corn. 7711, 7712, 7714, and 7754), the Secretary (17) Sorghum. of Agriculture quarantines the States (18) Used crates, boxes, burlap bags, of North Carolina and South Carolina and cotton-picking sacks, and other in order to prevent the spread of used farm products containers. witchweed (Striga spp.), a parasitic (19) Used farm tools. plant that causes a dangerous disease (20) Used mechanized cultivating of corn, sorghum, and other crops of equipment and used harvesting equip- the grass family and is not widely prev- ment. alent or distributed within and throughout the United States. Through (21) Used mechanized soil-moving the aforementioned authorities, the equipment. Secretary imposes a quarantine on the (22) Any other products, articles, or States of North Carolina and South means of conveyance, of any character Carolina with respect to the interstate whatsoever, not covered by paragraphs movement from those States of arti- (b) (1) through (20) of this section, when cles described in paragraph (b) of this it is determined by an inspector that section, issues regulations in this sub- they present a hazard of spread of part governing the movement of such witchweed, and the person in posses- articles, and gives notice of this quar- sion thereof has been so notified. antine action. [35 FR 10553, June 30, 1970, as amended at 36 (b) Quarantine restrictions on interstate FR 24917, Dec. 24, 1971; 41 FR 27372, July 2, movement of specified regulated articles. 1976; 58 FR 216, Jan. 5, 1993; 66 FR 21052, Apr. No common carrier or other person 27, 2001] shall move interstate from any quarantined State any of the following arti- § 301.80–1 Definitions. cles (defined in § 301.80–1(p) as regulated Terms used in the singular form in articles), except in accordance with the this subpart shall be deemed to import conditions prescribed in this subpart: the plural, and vice versa, as the case (1) Soil, compost, peat, humus, muck, may demand. The following terms, and decomposed manure, separately or when used in this subpart, shall be con- with other things; sand; and gravel. strued, respectively, to mean: (2) Plants with roots. Certificate. A document issued or au- (3) Grass sod. thorized to be issued under this subpart (4) Plant crowns and roots for propa- by an inspector to allow the interstate gation. movement of regulated articles to any (5) True bulbs, corms, rhizomes, and destination. tubers of ornamental plants. Compliance agreement. A written (6) Root crops, except those from agreement between a person engaged in which all soil has been removed. growing, handling, or moving regulated (7) Peanuts in shells and peanut articles, and the Plant Protection and shells, except boiled or roasted pea- Quarantine Programs, wherein the nuts. former agrees to comply with the re- (8) Small grains and soybeans. quirements of this subpart identified in (9) Hay, straw, fodder, and plant lit- the agreement by the inspector who ter of any kind. executes the agreement on behalf of (10) Seed cotton and gin trash. the Plant Protection and Quarantine

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Programs as applicable to the oper- ment’’ and ‘‘move’’ shall be construed ations of such person. accordingly. Deputy Administrator. The Deputy Ad- Person. Any individual, corporation, ministrator of the Plant Protection company, society, or association, or and Quarantine Programs, Animal and other organized group of any of the Plant Health Inspection Service, U.S. foregoing. Department of Agriculture, or any Plant Protection and Quarantine Pro- other officer or employee of said Serv- grams. The organizational unit with the ice to whom authority to act in his Animal and Plant Health Inspection stead has been or may hereafter be del- Service, U.S. Department of Agri- egated. culture, delegated responsibility for Farm tools. An instrument worked or enforcing provisions of the Plant Pro- used by hand, e.g., hoes, rakes, shovels, tection Act and related legislation, axes, hammers, and saws. quarantines, and regulations. Generally infested area. Any part of a regulated area not designated as a sup- Regulated area. Any quarantined pressive area in accordance with State, or any portion thereof, des- § 301.80–2. ignated as a regulated area in § 301.80– Infestation. The presence of 2a or otherwise designated as a regu- witchweed or the existence of cir- lated area in accordance with § 301.80– cumstances that make it reasonable to 2(b). believe that witchweed is present. Regulated articles. Any articles de- Inspector. Any employee of the Plant scribed in § 301.80(b). Protection and Quarantine Programs, Restricted destination permit. A docu- Animal and Plant Health Inspection ment issued or authorized to be issued Service, U.S. Department of Agri- by an inspector to allow the interstate culture, or other person, authorized by movement of regulated articles not the Deputy Administrator to enforce certifiable under all applicable Federal the provisions of the quarantine and domestic plant quarantines to a speci- regulations in this subpart. fied destination for other than sci- Interstate. From any State into or entific purposes. through any other State. Scientific permit. A document issued Limited permit. A document issued or by the Deputy Administrator to allow authorized to be issued by an inspector the interstate movement to a specified to allow the interstate movement of destination of regulated articles for noncertifiable regulated articles to a scientific purposes. specified destination for limited handling, utilization, or processing, or for Soil. That part of the upper layer of treatment. earth in which plants can grow. Mechanized cultivating equipment; and State. Any State, territory, or dis- mechanized harvesting equipment. trict of the United States, including Mechanized equipment used for soil Puerto Rico. tillage, including tillage attachments Suppressive area. That portion of a for farm tractors, e.g., tractors, disks, regulated area where eradication of in- plows, harrows, planters, and festation is undertaken as an objective, subsoilers; mechanized equipment used as designated by the Deputy Adminis- for harvesting purposes, e.g., mechan- trator under § 301.80–2(a). ical cotton harvesters, hay balers, corn Treatment Manual. The provisions pickers, and combines. currently contained in the ‘‘Manual of Mechanized soil-moving equipment. Administratively Authorized Proce- Mechanized equipment used to move or dures to be Used Under the Witchweed transport soil, e.g., draglines, bull- Quarantine’’ and the ‘‘Fumigation Pro- dozers, road scrapers, and dumptrucks. cedures Manual’’ and any amendments Moved (movement, move). Shipped, of- thereto. 1 fered for shipment to a common carrier, received for transportation or 1 Pamphlets containing such provisions are transported by a common carrier, or available upon request to the Deputy Admin- carried, transported, moved or allowed istrator, Plant Protection and Quarantine to be moved by any means. ‘‘Move- Continued

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Witchweed. Parasitic plants of the generally infested area, in accordance genus Striga and reproductive parts with the criteria specified in paragraph thereof, including seeds. (a) of this section for designating such area, by serving written notice thereof [41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001] on the owner or person in possession of such premises, and thereafter the § 301.80–2 Authorization to designate, interstate movement of regulated arti- and terminate designation of, regu- cles from such premises by any person lated areas and suppressive or gen- having notice of the designation shall erally infested areas; and to exempt be subject to the applicable provisions articles from certification, permit, of this subpart. As soon as practicable, or other requirements. such premises shall be added to the list (a) Regulated areas and suppressive or in § 301.80–2a if a basis then exists for generally infested areas. The Deputy Ad- their designation. ministrator shall designate as regu- (c) Termination of designation as a reg- lated areas, in a supplemental regula- ulated area and a suppressive or generally tion designated as § 301.80–2a, each infested area. The Deputy Adminis- quarantined State, or each portion trator shall terminate the designation thereof in which witchweed has been provided for under paragraph (a) of this found or in which there is reason to be- section of any area designated as a reg- lieve that witchweed is present or ulated area or a suppressive or a gen- which it is deemed necessary to regu- erally infested area when he deter- late because of its proximity to infes- mines that such designation is no tation or its inseparability for quar- longer required under the criteria spec- antine enforcement purposes from in- ified in paragraph (a) of this section. fested localities. The Deputy Adminis- The Deputy Administrator or an in- trator, in the supplemental regulation, spector shall terminate the designation may designate any regulated area or provided for under paragraph (b) of this portion thereof, as a suppressive area section of any premises designated as a or a generally infested area in accord- regulated area or a suppressive or a ance with the definitions thereof in generally infested area when he deter- § 301.80–1. Less than an entire quar- mines that such designation is no antined State will be designated as a longer required under the criteria spec- regulated area only if the Deputy Ad- ified in paragraph (a) of this section, ministrator is of the opinion that: and notice thereof shall be given to the (1) The State has adopted and is en- owner or person in possession of the forcing a quarantine or regulation premises. which imposes restrictions on the (d) Exemption of articles from certifi- intrastate movement of the regulated cation, permit, or other requirements. The articles which are substantially the Deputy Administrator may, in a sup- same as those which are imposed with plemental regulation designated as respect to the interstate movement of § 301.80–2b, list regulated articles or such articles under this subpart; and movements of regulated articles which (2) The designation of less than the shall be exempt from the certification, entire State as a regulated area will permit, or other requirements of this otherwise be adequate to prevent the subpart under such conditions as he interstate spread of witchweed. may prescribe, if he finds that facts (b) Temporary designation of regulated exist as to the pest risk involved in the areas and suppressive or generally in- movement of such regulated articles fested areas. The Deputy Administrator which make it safe to so relieve such or an authorized inspector may tempo- requirements. rarily designate any other premises in a quarantined State as a regulated area [41 FR 27372, July 2, 1976] and may designate the regulated area or portions thereof as a suppressive or § 301.80–2a Regulated areas; generally infested and suppressive areas.

Programs, Animal and Plant Health Inspec- The civil divisions and parts of civil tion Service, U.S. Department of Agri- divisions described below are des- culture, Washington, DC 20250, or from an in- ignated as witchweed regulated areas spector. within the meaning of this subpart.

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NORTH CAROLINA Drive, 0.1 mile east of its intersection with State Secondary Road 1823, which intersec- (1) Generally infested areas. None. tion is 0.7 mile south of the intersection of (2) Suppressive areas. State Secondary Road 1823 with State Sec- Bladen County. That area located north ondary Road 1774. and east of the Cape Fear River. The Hardison, H.B., farm located on a field The Buie, Joshua, farm located on a farm road 0.25 mile northwest of its intersection road 0.8 mile south of its intersection with with State Secondary Road 1719 and 0.2 mile State Secondary Road 1529 and 0.3 mile west of its intersection with State Sec- southwest of the right of way of Interstate ondary Road 1797. Highway 95. Cumberland County. That area bounded on The Lewis, Knox, farm located on the the west by the Cape Fear River, then by a south side of State Secondary Road 1752, 0.5 line running east and northeast along the mile east of its intersection with State Sec- Fayetteville city limits to U.S. Highway 301, ondary Road 1318. then northeast on U.S. Highway 301 to Inter- Sampson County. That area bounded on the state 95, then northeast on Interstate 95 to north by N.C. Highway 24 and on the east by U.S. Highway 13, then east and northeast on U.S. Highway 701. U.S. Highway 13 to the Cumberland-Sampson The Brady-Johnson, William, property lo- County line. cated on a private road in the town of The Barker, P.R., farm located on the Salemburg, 0.1 mile north of its intersection south side of State Secondary Road 2242, 0.2 with Church Street and 0.1 mile west of its mile south of Interstate 95 on State Sec- intersection with N.C. Highway 242. ondary Road 2252. The Carter, Raeford, farm located on the The Jackson, Ellis, farm located on the west side of State Secondary Road 1144, 0.2 west side of State Secondary Road 1003 and mile north of its intersection with State Sec- 0.4 mile south of its intersection with N.C. ondary Road 1143. Highway 59. The Lucas, June, estate located at the end The Lovick, Eugene, farm located on the of State Secondary Road 1496, 1.0 mile north- north side of State Secondary Road 1732 and west of its intersection with State Sec- 0.9 mile west of its intersection with U.S. ondary Road 1233. Highway 301. The Parker, David, farm located on the The McLaughlin, Cornell, farm located on northwest side of the intersection of a pri- the south side of State Secondary Road 2221 vate road known as David Parker Lane and and 0.2 mile east of its intersection with State Secondary Road 1301, 0.5 mile north of State Secondary Road 2367. the intersection of State Secondary Road The Thigpen, William, farm located on the 1301 with N.C. Highway 24. south side of State Secondary Road 2212 and The Riley, Troy Lee, property located 0.05 1 mile west of its intersection with N.C. mile west of the end of a private road known Highway 87. as Stage Coach Lane, 0.2 mile north of the Pender County. The Cones Folly farm lo- intersection of Stage Coach Lane and N.C. cated along a farm road 2.3 miles south of its Highway 24, in the town of Autryville. intersection with State Secondary Road 1201 SOUTH CAROLINA and 2.2 miles southeast of its intersection with State Secondary Road 1200. (1) Generally infested areas. None. Robeson County. That area bounded on the (2) Suppressive areas. west by the Robeson County/Scotland Coun- Horry County. The Bell, Richard, farm lo- ty line; then by a line running east along the cated on the east side of State Highway 90, Robeson County/Hoke County line to N.C. 5.7 miles north of its intersection with State Highway 211; then southeast on N.C. High- Highway 22. way 211 to the Robeson County/Bladen Coun- The Chestnut, Jacob T., farm located on ty line; then south along the Robeson Coun- the west side of an unpaved road known as ty/Bladen County line and the Robeson Short Cut Road, 0.2 mile north of its junc- County/Columbus County line to U.S. High- tion with an unpaved road known as Pint way 74; then northwest on U.S. Highway 74 Circle Road, 0.4 mile east of its junction with to N.C. Highway 41; then south on N.C. High- and 0.8 mile north of its junction with State way 41 to the South Carolina State line; and Highway 90. then northwest along the South Carolina The Cribbs, L.V., farm located on the west State line to the Robeson County/Scotland side of an unpaved road known as Causey County line. (This area may be more gen- Road, 3.3 miles north of its intersection with erally described as that part of Robeson a secondary road known as Sandplant Road County lying south and west of N.C. Highway and 2.1 miles west of its intersection with 211, bounded by U.S. Highway 74 east of N.C. State Highway 76. Highway 41 and by the South Carolina line The Cribbs, L.V., farm located on the east west of N.C. Highway 41.) side of an unpaved road known as Causey The Brown, James, farm located on the Road, 2.8 miles north of its intersection with south side of a private road known as Reola a secondary road known as Sandplant Road

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and 2.1 miles west of its intersection with Farming Dale Road, 0.4 mile north of its State Highway 76. junction with State Highway 917 and 1.1 The Gerald, Kenneth, farm located on the miles east of its intersection with a sec- south side of a secondary highway known as ondary highway known as Nichols Highway. Lake Swamp Road, 0.4 mile east of its inter- The Worley, Floyd C., farm located on both section with a secondary highway known as sides of a secondary road known as Nichols Highway South and 1.6 miles south Sandplant Road, 1.1 miles west of its inter- of its intersection with State Highway 917. section with State Highway 76 and 1.7 miles The Gerald, Ravenell, farm located on the north of its intersection with State Highway north side of an unpaved road known as 9. Farming Dale Road, 0.6 mile north of its Marion County. The Baxley, Warner, farm junction with State Highway 917 and 1.1 located on the west side of Penderboro Road, miles east of its intersection with a sec- 1.6 miles north of its intersection with the ondary highway known as Nichols Highway. State Highway 501 Bypass. The Hammonds, Austin J., farm located on The Best Woods Road and Bubba Road the north side of a secondary road known as farm located on both sides of Best Woods Sandplant Road, 1.5 miles west of its inter- Road, 1.4 miles south of its intersection with section with State Highway 76 and 1.7 miles State Highway 76. north of its intersection with State Highway The Erwin, Harold, farm located on the 9. west side of the State secondary road known The Livingston, Pittman, farm located on as Laughin Road, 1 mile north of its inter- the east side of State Highway 90, 2.2 miles section with State Highway 76. north of its junction with State Highway 22. The Gerald, Issaic, farm located on the The Mae, Blossie, farm located on the west west side of a secondary road known as side of an unpaved road known as Dela Road, Foxworth Road, 0.3 mile northwest of its 0.3 mile south of its intersection with a sec- intersection with Secondary Road 9. ondary road known as Pint Circle Road, 0.2 The Holmes, Issaic, farm located on the mile west of its intersection with State east side of an unpaved road known as Phill Highway 90, and 3.5 miles north of its inter- Road, 0.5 mile south of its junction with section with State Highway 22. State Highway 9 and 5 miles east of its inter- The McDaniel, Ellis, farm located on the section with State Highway 41–A. south side of State Highway 917, 1.4 miles The Johnson, J. D., farm located on the west of its intersection with a secondary west side of an unpaved road known as Har- highway known as Nichols Highway. old Road, 0.6 mile north of its intersection The Smith, Tommy G., farm located on the with Old Mullins Road and 1.3 miles west of south side of a secondary road known as Old its intersection with North Main Street in Chesterfield Road, 0.5 mile east of its inter- Nichols. section with State Highway 90 and 2.7 miles The Keen, Davis, Estate farm located on north of its intersection with State Highway the south side of an unpaved road known as 22. Frazier Road, 0.7 mile northwest of its inter- The Strickland, Quincy, farm located on section with Secondary Road 9. the north side of State Highway 917, 1.2 miles The Richardson, Billy, farm located on the west of its intersection with a secondary east side of Secondary Road 908, 0.8 mile highway known as Nichols Highway. north of its intersection with State Highway The Stroud, J.B., farm located on the east 378. side of an unpaved road known as Providence The Rogers, Paul, farm located on the Drive, 1.3 miles north of its junction with an north side of an unpaved road known as To- unpaved road known as Tranquil Road, 0.5 bacco Barn Road, 0.8 mile west of its inter- mile west of its junction with a secondary section with a State secondary road known highway known as Nichols Highway North as E. Sellers Road and 1.7 miles north of its and 2.3 miles north of its intersection with intersection with State Highway 41–A. State Highway 917. [68 FR 6604, Feb. 10, 2003, as amended at 68 The Vault, Bennie, farm located on the FR 51876, Aug. 29, 2003; 72 FR 7925, Feb. 22, west side of an unpaved road known as 2007; 72 FR 44951, Aug. 10, 2007] Strawberry Road, 0.5 mile south of its junction with State Highway 90. 1 Vereen, Isiah, farm located on the west § 301.80–2b Exempted articles. side of an unpaved road known as West Shore (a) The following articles are exempt Road, 1.6 miles south of its junction with from the certification and permit and State Highway 90. other requirements of this subpart if Vereen, Lula, farm located on the north they meet the applicable conditions side of a secondary road known as Dogwood prescribed in paragraphs (a) (1) through Road, 1.6 miles north of its intersection with State Highway 22, then 0.7 mile east of its intersection with State Highway 90. 1 The articles hereby exempted remain sub- The Willoughby, Shane, farm located on ject to applicable restrictions under other the north side of an unpaved road known as quarantines.

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(5) of this section and have not been ex- (ii) From any generally infested area posed to infestation after cleaning or into or through any suppressive area; other handling as prescribed in said or paragraph: (iii) Between any noncontiguous sup- (1) Small grains, if harvested in bulk pressive areas; or or into new or treated containers, and (iv) Between contiguous suppressive if the grains and containers for the areas when it is determined by an in- grains have not come in contact with spector that the regulated articles the soil or if they have been cleaned at present a hazard of the spread of the a designed facility. 2 witchweed and the person in possession (2) Soybeans, when determined by an thereof has been so notified; or inspector that the soybeans were (v) Through or reshipped from any grown, harvested, and handled in a regulated area when such movement is manner to prevent contamination from not authorized under paragraph witchweed seed. (a)(2)(v) of this section; or (3) Pickling cucumbers, string beans, (2) Without certificate or permit if and field peas, if washed free of soil moved: with running water. (i) From any regulated area under (4) Used farm tools, if cleaned free of the provisions of § 301.80–2b which ex- soil. empts certain articles from certificate (5) Used mechanized cultivating and permit requirements; or equipment and used mechanized soil- (ii) From a generally infested area to moving equipment, if cleaned free of a contiguous generally infested area; or soil. (iii) From a suppressive area to a (b) The following article is exempt contiguous generally infested area; or from the certification and permit re- (iv) Between contiguous suppressive quirements of § 301.80–4 under the appli- areas unless the person in possession of cable conditions as prescribed in para- the articles has been notified by an in- graph (b)(1) of this section: spector that a hazard of spread of the (1) Seed cotton, if moving to a des- witchweed exists; or ignated gin. 2 (v) Through or reshipped from any [42 FR 56334, Oct. 25, 1977, as amended at 53 regulated area if the articles origi- FR 24924, July 1, 1988] nated outside of any regulated area and if the point of origin of the articles is § 301.80–3 Conditions governing the clearly indicated, their identity has interstate movement of regulated been maintained, and they have been 3 articles from quarantined States. safeguarded against infestation while (a) Any regulated articles, except soil in the regulated area in a manner sat- samples for processing, testing, or isfactory to the inspector; or analysis, may be moved interstate (3) From any area outside the regu- from any quarantined State under the lated areas, if moved: following conditions: (i) With a certificate or permit at- (1) With certificate or permit issued tached; or and attached in accordance with (ii) Without a certificate or permit, §§ 301.80–4 and 301.80–7, if moved: if: (i) From any generally infested area (A) The regulated articles are exempt or any suppressive area into or through from certification and permit require- any point outside of the regulated ments under the provisions of § 301.80– areas; or 2b; or (B) The point of origin of such move- 2 Information as to designated facilities, ment is clearly indicated on the arti- gins, oil mills, and processing plants may be cles or shipping document which ac- obtained from an inspector. Any facility, companies the articles and if the move- gin, oil mill, or processing plant is eligible ment is not made through any regu- for designation under this subpart if the op- lated area. erator thereof enters into a compliance agreement (as defined in § 301.80–1(b)). (b) Unless specifically authorized by 3 Requirements under all other applicable the Deputy Administrator in emer- Federal domestic plant quarantines must gency situations, soil samples for proc- also be met. essing, testing, or analysis may be

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moved interstate from any regulated tinations for limited handling, utiliza- area only to laboratories approved 4 by tion, or processing, or for treatment in the Deputy Administrator and so listed accordance with the treatment man- by him in a supplemental regulation. 5 ual, when upon evaluation of the cir- A certificate or permit will not be re- cumstances involved in each specific quired to be attached to such soil sam- case he determines that such move- ples except in those emergency situa- ment will not result in the spread of tions where the Deputy Administrator witchweed and requirements of other has authorized such movement to an- applicable Federal domestic plant other destination with a certificate or quarantines have been met. permit issued and attached in accord- (c) Restricted destination permits ance with §§ 301.80–4(d) and 301.80–7. Soil may be issued by an inspector to allow samples originating in areas outside of the interstate movement (for other the regulated areas will not require than scientific purposes) of regulated such a certificate or permit and their articles (except soil samples for proc- movement is not restricted to approved essing, testing, or analysis) to any des- laboratories if the point of origin of tination permitted under all applicable such samples is clearly indicated on Federal domestic plant quarantines if the articles or shipping document such articles are not eligible for cer- which accompanies the articles and if tification under all such quarantines the movement is not made through any but would otherwise qualify for certifi- regulated area. cation under this subpart. (d) Scientific permits to allow the [41 FR 27373, July 2, 1976] interstate movement of regulated arti- § 301.80–4 Issuance and cancellation of cles, and certificates or permits to certificates and permits. allow the movement of soil samples for (a) Certificates may be issued for any processing, testing, or analysis in regulated articles (except soil samples emergency situations, may be issued for processing, testing, or analysis) by by the Deputy Administrator under an inspector if he determines that they such conditions as may be prescribed in are eligible for certification for move- each specific case by the Deputy Ad- ment to any destination under all Fed- ministrator to prevent the spread of eral domestic plant quarantines appli- witchweed. cable to such articles and: (e) Certificate, limited permit, and (1) Have originated in noninfested restricted destination permit forms premises in a regulated area and have may be issued by an inspector to any not been exposed to infestation while person for use by the latter for subse- within the regulated areas; or quent shipments of regulated articles (2) Have been treated to destroy in- (except soil samples for processing, festation in accordance with the treat- testing, or analysis) provided such per- ment manual; or son is operating under a compliance (3) Have been grown, produced, manu- agreement; and any such person may factured, stored, or handled in such a be authorized by an inspector to repro- manner that no infestation would be duce such forms on shipping containers transmitted thereby. or otherwise. Any such person may (b) Limited permits may be issued by execute and issue the certificate forms, an inspector to allow interstate move- or reproductions of such forms, for the ment of regulated articles (except soil interstate movement of regulated arti- samples for processing, testing, or cles from the premises of such person analysis) not eligible for certification identified in the compliance agreement under this subpart, to specified des- if such person has treated such regulated articles to destroy infestation in accordance with the treatment man- 4 Pamphlets containing provisions for lab- ual, and if such regulated articles are oratory approval may be obtained from the eligible for certification for movement Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Depart- to any destination under all Federal ment of Agriculture, Washington, DC 20250. domestic plant quarantines applicable 5 For list of approved laboratories, see (41 to such articles. Any such person may FR 4615 and amendments thereof). execute and issue the limited permit

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forms, or reproductions of such forms, terial fact, a hearing shall be held to for interstate movement of regulated resolve such conflict. articles to specified destinations when [35 FR 10553, June 30, 1970, as amended at 36 the inspector has made the determina- FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, tions specified in paragraph (b) of this 1976] section. Any such person may execute and issue the restricted destination § 301.80–6 Assembly and inspection of permit forms, or reproductions of such regulated articles. forms, for the interstate movement of Persons (other than those authorized regulated articles not eligible for cer- to use certificates, limited permits, or tification under all Federal domestic restricted destination permits, or re- plant quarantines applicable to such productions thereof, under § 301.80–4(e)) articles, under the conditions specified who desire to move interstate regu- in paragraph (c) of this section. lated articles which must be accom- (f) Any certificate or permit which panied by a certificate or permit shall, has been issued or authorized may be as far in advance as possible, request withdrawn by the inspector or the Dep- an inspector to examine the articles uty Administrator if he determines prior to movement. Such articles shall that the holder thereof has not com- be assembled at such points and in plied with any condition for the use of such a manner as the inspector des- such document imposed by this sub- ignates to facilitate inspection. part. As soon as possible after such withdrawal, the holder of the certifi- [35 FR 10553, June 30, 1970, as amended at 36 cate or permit shall be notified in writ- FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, ing by the Deputy Administrator or an 1976] inspector of the reason therefor and af- § 301.80–7 Attachment and disposition forded reasonable opportunity to of certificates or permits. present his views thereon, and if there is a conflict as to any material fact, a (a) If a certificate or permit is re- hearing shall be held to resolve such quired for the interstate movement of conflict. regulated articles, the certificates or permit shall be securely attached to [35 FR 10553, June 30, 1970, as amended at 36 the outside of the container in which FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, such articles are moved except that, 1976] where the certificate or permit is at- § 301.80–5 Compliance agreements; and tached to the waybill or other shipping cancellation thereof. document, and the regulated articles are adequately described on the certifi- (a) Any person engaged in the busi- cate, permit or shipping document, the ness of growing, handling, or moving attachment of the certificate or permit regulated articles may enter into a to each container of the articles is not compliance agreement to facilitate the required. movement of such articles under this (b) In all cases, certificates or per- subpart. Compliance agreement forms mits shall be furnished by the carrier may be obtained from the Deputy Ad- to the consignee at the destination of ministrator or an inspector. the shipment. (b) Any compliance agreement may be canceled by the inspector who is su- [35 FR 10553, June 30, 1970, as amended at 36 pervising its enforcement whenever he FR 24917, Dec. 24, 1971] finds that such other party has failed to comply with the conditions of the § 301.80–8 Inspection and disposal of agreement. As soon as possible after regulated articles and pests. such cancellation, such party shall be Any properly identified inspector is notified in writing by the Deputy Ad- authorized to stop and inspect, and to ministrator or an inspector of the rea- seize, destroy, or otherwise dispose of, son therefor and afforded reasonable or require disposal of regulated articles opportunity to present views thereon, and witchweed as provided in sections and if there is a conflict as to any ma- 414, 421, and 434 of the Plant Protection

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Act (7 U.S.C. 7714, 7731, and 7754), in ac- requirements of this subpart and may cordance with instructions issued by be moved interstate to any destination. the Deputy Administrator. Compliance agreement. A written [35 FR 10553, June 30, 1970, as amended at 36 agreement between APHIS and a per- FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, son engaged in growing, handling, or 1976; 66 FR 21052, Apr. 27, 2001] moving regulated articles that are moved interstate, in which the person § 301.80–9 Movement of witchweed. agrees to comply with the provisions of Regulations requiring a permit for, this subpart and any conditions im- and otherwise governing the movement posed under this subpart. of witchweed in interstate or foreign Imported fire ant. Living imported fire commerce are contained in the Federal ants of the species Solenopsis invicta plant pest regulations in part 330 of Buren and Solenopsis richteri Forel, and this chapter. Applications for permits hybrids of these species. for the movement of the pest may be Infestation (infested). The presence of made to the Deputy Administrator. an imported fire ant queen or a reproducing colony of imported fire ants, ex- [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] cept that on grass sod and plants with roots and soil attached, an infestation § 301.80–10 Nonliability of the Depart- is the presence of any life form of the ment. imported fire ant. The U.S. Department of Agriculture Inspector. An APHIS employee or disclaims liability for any costs inci- other person authorized by the Admin- dent to inspections or compliance with istrator to enforce the provisions of the provisions of the quarantine and this subpart. regulations in this subpart, other than Interstate. From any State into or for the services of the inspector. through any other State. Limited permit. A document in which [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] an inspector affirms that a specified regulated article not eligible for a certificate is eligible for interstate move- Subpart P—Imported Fire Ant ment only to a specified destination and in accordance with conditions SOURCE: 57 FR 57327, Dec. 4, 1992, unless specified on the permit. otherwise noted. Redesignated at 84 FR 2428, Movement (moved). The act of ship- Feb. 7, 2019. ping, transporting, delivering, or re- QUARANTINE AND REGULATIONS ceiving for movement, or otherwise aiding, abetting, inducing or causing to § 301.81 Restrictions on interstate be moved. movement of regulated articles. Noncompacted soil. Soil that can be No person may move interstate from removed from an article by brisk any quarantined area any regulated ar- brushing or washing with water under ticle except in accordance with this normal city water pressure (at least 4 subpart. gallons per minute at 40 to 50 pounds per square inch through a 1⁄2-inch ori- § 301.81–1 Definitions. fice). Administrator. The Administrator, Person. Any association, company, Animal and Plant Health Inspection corporation, firm, individual, joint Service, or any person authorized to stock company, partnership, society, act for the Administrator. or any other legal entity. Animal and Plant Health Inspection Reproducing colony. A combination of Service. The Animal and Plant Health one or more imported fire ant workers Inspection Service of the U.S. Depart- and one or more of the following imma- ment of Agriculture (APHIS). ture imported fire ant forms: Eggs, lar- Certificate. A document in which an vae, or pupae. inspector or a person operating under a Soil. Any non-liquid combination of compliance agreement affirms that a organic and/or inorganic material in specified regulated article meets the which plants can grow.

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Soil-moving equipment. Equipment (1) The State has adopted and is en- used for moving or transporting soil, forcing restrictions on the intrastate including, but not limited to, bull- movement of the regulated articles dozers, dump trucks, or road scrapers. listed in § 301.81–2 that are equivalent State. The District of Columbia, Puer- to the interstate movement restric- to Rico, the Northern Mariana Islands, tions imposed by this subpart; and or any State, territory, or possession of (2) Designating less than the entire the United States. State as a quarantined area will prevent the spread of the imported fire § 301.81–2 Regulated articles. ant. The following are regulated articles: (c) The Administrator may include (a) Imported fire ant queens and re- uninfested acreage within a quar- producing colonies of imported fire antined area due to its proximity to an ants. 1 infestation or inseparability from the (b) Soil, 2 separately or with other ar- infested locality for quarantine pur- ticles, except potting soil that is poses, as determined by: shipped in original containers in which (1) Projections of spread of imported the soil was placed after commercial fire ant around the periphery of the in- preparation. festation, as determined by previous (c) Baled hay and baled straw stored years’ surveys; in direct contact with the ground; (2) Availability of natural habitats (d) Plants and sod with roots and soil and host materials, within the attached, except plants maintained in- uninfested acreage, suitable for estab- doors in a home or office environment lishment and survival of imported fire and not for sale; ant populations; and (e) Used soil-moving equipment, un- (3) Necessity of including uninfested less removed of all noncompacted soil; acreage within the quarantined area in and order to establish readily identifiable (f) Any other article or means of con- boundaries. veyance when: (d) The Administrator or an inspec- (1) An inspector determines that it tor may temporarily designate any presents a risk of spread of the im- nonquarantined area as a quarantined ported fire ant due to its proximity to area in accordance with the criteria an infestation of the imported fire ant; specified in paragraphs (a), (b), and (c) and of this section. The Administrator will (2) The person in possession of the give written notice of this designation product, article, or means of convey- to the owner or person in possession of ance has been notified that it is regu- the nonquarantined area, or, in the lated under this subpart. case of publicly owned land, to the per- (Approved by the Office of Management and son responsible for the management of Budget under control number 0579–0102) the nonquarantined area; thereafter, [57 FR 57327, Dec. 4, 1992, as amended at 59 the interstate movement of any regu- FR 67133, Dec. 29, 1994] lated article from an area temporarily designated as a quarantined area is § 301.81–3 Quarantined areas. subject to this subpart. As soon as (a) The Administrator will quar- practicable, this area either will be antine each State or each portion of a added to the list of designated quar- State that is infested. antined areas in paragraph (e) of this (b) Less than an entire State will be section, or the Administrator will ter- listed as a quarantined area only if the minate the designation. The owner or Administrator determines that: person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an 1 Permit and other requirements for the area for which the designation is ter- interstate movement of imported fire ants minated will be given written notice of are contained in part 330 of this chapter. 2 The movement of soil from Puerto Rico is the termination as soon as practicable. subject to additional provisions in part 330 of (e) The areas described below are des- this chapter. ignated as quarantined areas:

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ALABAMA Cerritos Avenue; then south along North Cerritos Avenue to Arrow Highway; then The entire State. west along Arrow Highway to Azusa Avenue, ARKANSAS then south along Azusa Avenue to Covina Boulevard; then west along an imaginary Ashley County. The entire county. line to the intersection of Martinez Street Bradley County. The entire county. and Irwindale Avenue; then north along Calhoun County. The entire county. Irwindale Avenue to the point of beginning. Chicot County. The entire county. Orange County. The entire county. Clark County. The entire county. Riverside County. That portion of River- Cleveland County. The entire county. side County in the Indio area bounded by a Columbia County. The entire county. line beginning at the intersection of Avenue Dallas County. The entire county. 50 and Jackson Street; then south along Desha County. The entire county. Jackson Street to 54th Avenue; then west Drew County. The entire county. along 54th Avenue to Madison Street; then Faulkner County. The entire county. north along Madison Street to Avenue 50; Garland County. The entire county. then east along Avenue 50 to the point of be- Grant County. The entire county. ginning. Hempstead County. The entire county. That portion of Riverside County in the Hot Spring County. The entire county. Moreno Valley area bounded by a line begin- Howard County. The entire county. ning at the intersection of Reche Vista Drive Jefferson County. The entire county. and Canyon Ranch Road; then southeast Lafayette County. The entire county. along Canyon Ranch Road to Valley Ranch Lincoln County. The entire county. Road; then east along Valley Ranch Road to Little River County. The entire county. Michael Way; then south along Michael Way Lonoke County. The entire county. to Casey Court; then east along Casey Court Miller County. The entire county. to the Moreno Valley City Limits; then Montgomery County. The entire county. south and east along the Moreno Valley City Nevada County. The entire county. Limits to Pico Vista Way; then southwest Ouachita County. The entire county. along Pico Vista Way to Los Olivos Drive; Perry County. The entire county. then south along Los Olivos Drive to Jaclyn Pike County. The entire county. Avenue; then west along Jaclyn Avenue to Polk County. The entire county. Perris Boulevard; then south along Perris Pulaski County. The entire county. Boulevard to Kalmia Avenue; then west Saline County. The entire county. along Kalmia Avenue to Hubbard Street; Sevier County. The entire county. then north along Hubbard Street to Nightfall Union County. The entire county. Way; then west and south along Nightfall Yell County. The entire county. Way to Sundial Way; then west along Sun- dial Way to Indian Avenue; then south along CALIFORNIA Indian Avenue to Ebbtide Lane; then west Los Angeles County. That portion of Los along Ebbtide Lane to Ridgecrest Lane; then Angeles County in the Cerritos area bounded south along Ridgecrest Lane to Moonraker by a line beginning at the intersection of Lane; then west along Moonraker Lane to Artesia Boulevard and Marquardt Avenue; Davis Street; then south along Davis Street then south along Marquardt Avenue to the to Gregory Lane; then west along Gregory Los Angeles/Orange County Line; then south Lane to Heacock Street; then northwest and west along the Los Angeles/Orange along an imaginary line to the intersection County Line to Carson Street; then west of Lake Valley Drive and Breezy Meadow along Carson Street to Norwalk Boulevard; Drive; then north along Breezy Meadow then north along Norwalk Boulevard to Drive to its intersection with Stony Creek; Centralia Street; then west along Centralia then north along an imaginary line to the Street to Pioneer Boulevard; then north intersection of Old Lake Drive and along Pioneer Boulevard to South Street; Sunnymead Ranch Parkway; then northwest then east along South Street to Norwalk along Sunnymead Ranch Parkway to El Boulevard; then north along Norwalk Boule- Granito Street; then east along El Granito vard to 183rd Street; then east along 183rd Street to Lawless Road; then east along an Street to Bloomfield Avenue; then north imaginary line to the intersection of along Bloomfield Avenue to Artesia Boule- Heacock Street and Reche Vista Drive; then vard; then east along Artesia Boulevard to north along Reche Vista Drive to the point the point of beginning. of beginning. That portion of Los Angeles County in the That portion of Riverside County in the Azusa area bounded by a line beginning at Bermuda Dunes, Palm Desert, and Rancho the intersection of Irwindale Avenue and Mirage areas bounded by a line beginning at Foothill Boulevard; then east along Foothill the intersection of Ramon Road and Bob Boulevard to Azusa Avenue; then south Hope Drive; then south along Bob Hope Drive along Azusa Avenue to East Fifth Street; to Dinah Shore Drive; then east along Dinah then east along East Fifth Street to North Shore Drive to Key Largo Avenue; then

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south along Key Largo Avenue to Gerald Golf Club Drive to East Palm Canyon Drive; Ford Drive; then west along Gerald Ford then south along an imaginary line to the Drive to Bob Hope Drive; then south along intersection of Desterto Vista and Palm Bob Hope Drive to Frank Sinatra Drive; then Hills Drive; then south along Palm Hills east along Frank Sinatra Drive to Vista Del Drive to its end; then southwest along an Sol; then south along Vista Del Sol to Coun- imaginary line to the intersection of Murray try Club Drive; then east along Country Club Canyon and Palm Canyon Drive; then north- Drive to Adams Street; then south along west along Palm Canyon Drive to the Palm Adams Street to 42nd Avenue; then east Springs city limits; then west and north along 42nd Avenue to Tranquillo Place; then along Palm Springs city limits to Tahquitz south along Tranquillo Place to its intersec- Creek; then due north along an imaginary tion with Harbour Court; then southwest line to Tramway Road; then northeast along along an imaginary line to the intersection Tramway Road to the point of beginning. of Granada Drive and Caballeros Drive; then southeast along Caballeros Drive to King- FLORIDA ston Drive; then west along Kingston Drive The entire State. to Mandeville Road; then east along Mandeville Road to Port Maria Road; then GEORGIA south along Port Maria Road to Fred Waring Drive; then west along Fred Waring Drive to The entire State. its intersection with Dune Palms Road; then southwest along an imaginary line to the LOUISIANA intersection of Adams Street and Miles Ave- The entire State. nue; then west along Miles Avenue to Wash- ington Street; then northwest along Wash- MISSISSIPPI ington Street to Fred Waring Drive; then west along Fred Waring Drive to Joshua The entire State. Road; then north along Joshua Road to Park NEW MEXICO View Drive; then west along Park View Drive to State Highway 111; then northwest Dona Ana County. The entire county. along State Highway 111 to Magnesia Fall Drive; then west along Magnesia Fall Drive NORTH CAROLINA to Gardess Road; then northwest along Anson County. The entire county. Gardess Road to Dunes View Road; then Beaufort County. The entire county. northeast along Dunes View Road to Halgar Bertie County. That portion of the county Road; then northwest along Halgar Road to bounded by a line beginning at the intersec- Indian Trail Road; then northeast along In- dian Trail Road to Mirage Road; then north tion of State Highway 11/42 and the Hertford/ along Mirage Road to State Highway 111; Bertie County line; then east along the Hert- then northwest along State Highway 111 to ford/Bertie County line to the Bertie/Chowan Frank Sinatra Drive; then west along Frank County line; then south along the Bertie/ Sinatra Drive to Da Vall Drive; then north Chowan County line to the Bertie/Martin along Da Vall Drive to Ramon Road; then County line; then west along the Bertie/Mar- east along Ramon Road to the point of be- tin County line to State Highway 11/42; then ginning. north along State Highway 11/42 to the point That portion of Riverside County in the of beginning. Palm Springs area bounded by a line begin- Bladen County. The entire county. ning at the intersection of Tramway Road, Brunswick County. The entire county. State Highway 111, and San Rafael Drive; Cabarrus County. The entire county. then east along San Rafael Drive to Indian Camden County. That portion of the coun- Canyon Drive; then south along Indian Can- ty bounded by a line beginning at the inter- yon Drive to Francis Drive; then east along section of State Road 1112 and State High- Francis Drive to North Farrell Drive; then way 343; then east along State Highway 343 south along North Farrell Drive to Verona to State Road 1107; then south along State Road; then east along Verona Road to White- Road 1107 to the Camden/Pasquotank County water Club Drive; then east along an imagi- line; then north along the Camden/ nary line to the intersection of Verona Road Pasquotank County line to State Road 1112; and Ventura Drive; then east along Verona then north along State Road 1112 to the Road to Avenida Maravilla; then east and point of beginning. south along Avenida Maravilla to 30th Ave- Carteret County. The entire county. nue; then west along 30th Avenue to its end; Chatham County. The entire county. then due west along an imaginary line to the Cherokee County. That portion of the Whitewater River; then southeast along the county lying south and west of a line begin- Whitewater River to Dinah Shore Drive; ning at the intersection of the Cherokee/Clay then west along an imaginary line to the County line and the North Carolina/Georgia east end of 34th Avenue; then west along 34th State line; then north to U.S. Highway 64; Avenue to Golf Club Drive; then south along then northwest along the southern shoreline

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of Hiwassee Lake to the Tennessee State Bertie/Hertford county line; then northeast line. on State Highway 11 to the U.S. Highway 13 Chowan County. That portion of the coun- Bypass; then northeast on U.S. Highway 13 ty bounded by a line beginning at the inter- to the Hertford/Gates County line. section of the Chowan/Gates County line and Hoke County. The entire county. State Highway 32; then south along State Hyde County. The entire county. Highway 32 to State Highway 37; then east Iredell County. That portion of the county along State Highway 37 to the Chowan/ lying south of State Highway 150. Perquimans County line; then south along Johnston County. The entire county. the Chowan/Perquimans County line to the Jones County. The entire county. shoreline of the Albemarle Sound; then west Lee County. The entire county. along the shoreline of the Albemarle Sound Lenoir County. The entire county. to the Chowan/Bertie County line; then Lincoln County. That portion of the coun- north along the Chowan/Bertie County line ty lying east of State Highway 321. to the Chowan/Hertford County line; then Martin County. That portion of the county north along the Chowan/Hertford County lying south of a line beginning at the inter- line to the Chowan/Gates County line; then section of State Highway 111 and the east along the Chowan/Gates County line to Edgecombe/Martin County line; then north the point of beginning. and east on State Highway 111 to State High- Clay County. That portion of the county way 11/42; then northeast along State High- lying southwest of State Highway 69 and the way 11/42 to the Martin/Bertie County line. North Carolina/Georgia State line; then Mecklenburg County. The entire county. north along Interstate 70 to its intersection Montgomery County. The entire county. with U.S. Highway 64; then west along U.S. Moore County. The entire county. Highway 64 to the Clay/Cherokee County Nash County. That portion of the county boundary. lying south and east of the line beginning at Cleveland County. The entire county. the intersection of U.S. Highway 64 and the Columbus County. The entire county. Franklin/Nash County line; then northeast Craven County. The entire county. on U.S. Highway 64 to Interstate 95; then Cumberland County. The entire county. north on Interstate 95 to State Highway 4; Currituck County. That portion of the then east on State Highway 4 to U.S. High- county bounded by a line beginning at the way 301; then east along a straight line from intersection of the Currituck/Camden Coun- the intersection of State Highway 64 and ty line and State Road 1112; then east along U.S. Highway 301 to the Nash/Edgecombe State Road 1112 to U.S. Highway 158; then County line. south along U.S. Highway 158 to State Road New Hanover County. The entire county. 1111; then east along State Road 1111 to the Onslow County. The entire county. shoreline of the Atlantic Ocean; then south Orange County. The portion of the county along the shoreline of the Atlantic Ocean to that lies south of Interstate 85. the Currituck/Duck County line; then south Pamlico County. The entire county. and west along the Currituck/Duck County Pasquotank County. That portion of the line to the Currituck/Camden County line; county bounded by a line beginning at the then north along the Currituck/Camden intersection of the Pasquotank/Perquimans County line to the point of beginning. County line and U.S. Highway 17; then east Dare County. The entire county, excluding along U.S. Highway 17 to the Pasquotank/ the portion of the barrier islands south of Camden County line; then south along the Oregon Inlet. Pasquotank/Camden County line to the Duplin County. The entire county. shoreline of the Albemarle Sound; then west Durham County. That portion of the coun- along the shoreline of the Albemarle Sound ty lying south of Interstate 85. to the Pasquotank/Perquimans County line; Edgecombe County. That portion of the then north along the Pasquotank/ county lying south of a line beginning at the Perquimans County line to the point of be- intersection of State Highway 111 and the ginning. Martin/Edgecombe County line; then south- Pender County. The entire county. west on State Highway 111 to U.S. Highway Perquimans County. That portion of the 64 Alternate; then west on U.S. Highway 64 county bounded by a line beginning at the Alternate to County Route 1252; then west of intersection of the Perquimans/Chowan this northerly line to County Route 1408; County line and State Road 1118; then east then west on County Route 1408 to County along State Road 1118 to State Road 1200; Route 1407; then south on County Route 1407 then north along State Road 1200 to State to the Edgecombe/Nash County line. Road 1213; then east along State Road 1213 to Gaston County. The entire county. State Road 1214; then southeast along State Greene County. The entire county. Road 1214 to State Road 1221; then northeast Harnett County. The entire county. along State Road 1221 to the Perquimans/ Hertford County. That portion of the coun- Pasquotank County line; then south along ty lying south and east of a line beginning at the Perquimans/Pasquotank County line to the intersection of State Highway 11 and the the shoreline of the Albemarle Sound; then

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west along the shoreline of the Albemarle Road; then northeast on Keele Road to Ten- Sound to the Perquimans/Chowan County nessee Highway 55; then northeast on Ten- line; then north along the Perquimans/Cho- nessee Highway 55 to Swann Road; then east wan County line to the point of beginning. on Swann Road to Wiser Road; then north on Pitt County. The entire county. Wiser Road to Rock Road; then east on Rock Polk County. The entire county. Road to Pleasant Knoll Road; then north on Randolph County. That portion of the Pleasant Knoll Road to Marcrom Road; then county lying south of the line beginning at east on Marcrom Road to the Coffee/Warren the intersection of State Highway 49 and the County line. Davidson/Randolph County line; then east on Crockett County. That portion of the coun- State Highway 49 to U.S. Highway 64; then ty lying east of a line beginning at the inter- east on U.S. Highway 64 to its intersection section of the Haywood/Crockett County line with the Randolph/Chatham County line. and U.S. Highway 70A/79; then northeast on Richmond County. The entire county. U.S. Highway 70A/79 to Tennessee Highway Robeson County. The entire county. 88; then north on Tennessee Highway 88 to Rutherford County. That portion of the Tennessee Highway 54; then northeast on county lying south of State Highway 74. Tennessee Highway 54 to the Crockett/Gib- Sampson County. The entire county. son County line. Scotland County. The entire county. Cumberland County. That portion of the Stanly County. The entire county. county lying southeast of a line beginning at Tyrrell County. The entire county. the intersection of the White/Cumberland Union County. The entire county. County line and U.S. Highway 70; then east Wake County. The entire county. on U.S. Highway 70 to Market Street (in Washington County. The entire county. Crab Orchard); then north on Market Street Wayne County. The entire county. to Main Street; then west on Main Street to Wilson County. The entire county. Chestnut Hill Road; then northeast on Chest- OKLAHOMA nut Hill Road to Westchester Drive; then north on Westchester Drive to Peavine Road; Bryan County. The entire county. then east on Peavine Road to Hebbertsburg Carter County. The entire county. Road; then northeast on Hebbertsburg Road Choctaw County. The entire county. to the Cumberland/Morgan County line. Comanche County. The entire county. Davidson County. That portion of the Johnston County. The entire county. county lying southeast of a line beginning at Love County. The entire county. the intersection of the Williamson/Davidson Marshall County. The entire county. County line and U.S. Highway 431; then McCurtain County. The entire county. northeast on U.S. Highway 431 to Tennessee Highway 254; then east on Tennessee High- PUERTO RICO way 254 to U S. Highway 31A/41A; then north The entire State. on U.S. Highway 31A/41A to Tennessee High- way 255; then northeast on Tennessee High- South Carolina way 255 to Interstate 40; then east on Inter- The entire State. state 40 to the Davidson/Wilson County line. Decatur County. The entire county. TENNESSEE Fayette County. The entire county. Anderson County. That portion of the Franklin County. The entire county. county lying east and south of a line begin- Gibson County. That portion of the county ning at the intersection of the Roane/Ander- lying southeast of a line beginning at the son County line and Tennessee Highway 330; intersection of the Madison/Gibson County then northeast on Tennessee Highway 330 to line and U.S. Highway 45W; then northwest Tennessee Highway 116; then north on Ten- on U.S. Highway 45W to U.S. Highway 45 By- nessee Highway 116 to Interstate 75; then pass (Tennessee Highway 366); then north on southeast on Interstate 75 to the Anderson/ U.S. Highway 45 Bypass to U.S. Highway 79/ Knox County line. 70A; then northeast on U.S. Highway 79/70A Bedford County. The entire county. to the Gibson/Carroll County line. Benton County. The entire county. Giles County. The entire county. Bledsoe County. The entire county. Grundy County. The entire county. Blount County. The entire county. Hamilton County. The entire county. Bradley County. The entire county. Hardeman County. The entire county. Carroll County. The entire county. Hardin County. The entire county. Chester County. The entire county. Haywood County. That portion of the Coffee County. That portion of the county county lying southeast of Tennessee High- lying west and south of a line beginning at way 54. the intersection of the Cannon/Coffee County Henderson County. The entire county. line and Tennessee Highway 53; then south Hickman County. The entire county. on Tennessee Highway 53 to Riddle Road; Humphreys County. That portion of the then southeast on Riddle Road to Keele county lying south of a line beginning at the

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intersection of the Benton/Humphreys Coun- Sequatchie County. The entire county. ty line and the line of latitude 36°; then con- Shelby County. The entire county. tinuing east along the line of latitude 36° to Tipton County. That portion of the county Forks River Road; then south on Forks River lying south of a line beginning at the inter- Road to Old Highway 13; then southeast on section of the Shelby/Tipton County line and Old Highway 13 to Tennessee Highway 13; Tennessee Highway 14; then northeast on then south on Tennessee Highway 13 to Tennessee Highway 14 to Tennessee Highway Interstate 40; then east on Interstate 40 to 179; then southeast on Tennessee Highway the Humphreys/Hickman County line. 179 to the Tipton/Haywood County line. Knox County. That portion of the county Van Buren County. The entire county. lying southwest of a line beginning at the Warren County. That portion of the county intersection of the Union/Knox County line lying southeast of a line beginning at the and Tennessee Highway 33; then south on intersection of the Coffee/Warren County Tennessee Highway 33 to the Tennessee line and Marcrom Road; then east on River; then northeast along the Tennessee Marcrom Road to Fred Hoover Road; then River to the French Broad River; then east north on Fred Hoover Road to Tennessee along the French Broad River to the Knox/ Highway 287; then northwest on Tennessee Sevier County line. Highway 287 to Vervilla Road; then north- Lawrence County. The entire county. east on Vervilla Road to Swan Mill Road; Lewis County. The entire county. then east on Swan Mill Road to Grove Road; Lincoln County. The entire county. then southeast on Grove Road to Tennessee Loudon County. The entire county. Highway 108/127; then northeast on Ten- Madison County. The entire county. nessee Highway 108/127 to the split between Marion County. The entire county. Tennessee Highway 108 and Tennessee High- Marshall County. That portion of the coun- way 127; then northeast on Tennessee High- ty lying south of a line beginning at the way 127 to Tennessee Highway 56; then intersection of the Maury/Marshall County southeast on Tennessee Highway 56 to Fair- line and Moses Road; then northeast on view Road; then northeast on Fairview Road Moses Road to Wilson School Road; then to Tennessee Highway 8; then southeast on southeast on Wilson School Road to Lunns Tennessee Highway 8 to Dark Hollow Road; Store Road; then south on Lunns Store Road then north on Dark Hollow Road to Ten- to Tennessee Highway 99; then east on Ten- nessee Highway 30; then northeast on Ten- nessee Highway 99 to U.S. Highway 31A; then nessee Highway 30 to the Warren/Van Buren south on U.S. Highway 31A to James Shaw County line. Road; then south on James Shaw Road to Wayne County. The entire county. Clay Hill Road; then east on Clay Hill Road Williamson County. That portion of the to Warner Road; then south on Warner Road county lying northeast of a line beginning at to Batten Road; then southeast on Batten the intersection of the Davidson/Williamson Road to the Marshall/Bedford County line. County line and U.S. Highway 31; then south- Maury County. That portion of the county west on U.S. Highway 31 to U.S. Highway lying south of a line beginning at the inter- Business 431; then southeast on U.S. High- section of the Hickman/Maury County line way Business 431 to Mack Hatcher Parkway; and Jones Valley Road; then east on Jones then north on Mack Hatcher Parkway to Valley Road to Leipers Creek Road; then South Royal Oaks Boulevard; then northeast south on Leipers Creek Road to Tennessee on South Royal Oaks Boulevard to Ten- Highway 247; then northeast on Tennessee nessee Highway 96; then east on Tennessee Highway 247 to Tennessee Highway 246; then Highway 96 to Clovercroft Road; then north- north on Tennessee Highway 246 to the east on Clovercroft Road to Wilson Pike; Maury/Williamson County line. then north on Wilson Pike to Clovercroft McMinn County. The entire county. Road; then northeast on Clovercroft Road to McNairy County. The entire county. Rocky Fork Road; then east on Rocky Fork Meigs County. The entire county. Road to the Rutherford/Williamson County Monroe County. The entire county. line. Also, that portion of the county en- Moore County. The entire county. closed by a line beginning at the intersection Morgan County. That portion of the coun- of the Maury/Williamson County line and ty lying south of a line beginning at the Tennessee Highway 246; then north on Ten- intersection of the Cumberland/Morgan nessee Highway 246 to Thompson Station County line and Tennessee Highway 298; then Road West; then east on Thompson Station northeast on Tennessee Highway 298 to Ten- Road West to Thompson Station Road East; nessee Highway 62; then southeast on Ten- then east on Thompson Station Road East to nessee Highway 62 to the Morgan/Roane Interstate 65; then south on Interstate 65 to County line. the Williamson/Maury County line. Perry County. The entire county. TEXAS Polk County. The entire county. Rhea County. The entire county. Anderson County. The entire county. Roane County. The entire county. Angelina County. The entire county. Rutherford County. The entire county. Aransas County. The entire county.

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Atascosa County. The entire county. Jack County. The entire county. Austin County. The entire county. Jackson County. The entire county. Bandera County. The entire county. Jasper County. The entire county. Bastrop County. The entire county. Jefferson County. The entire county. Bee County. The entire county. Jim Wells County. The entire county. Bell County. The entire county. Johnson County. The entire county. Bexar County. The entire county. Jones County. The entire county. Blanco County. The entire county. Karnes County. The entire county. Bosque County. The entire county. Kaufman County. The entire county. Bowie County. The entire county. Kendall County. The entire county. Brazoria County. The entire county. Kenedy County. The entire county. Brazos County. The entire county. Kerr County. The entire county. Brooks County. The entire county. Kimble County. The entire county. Brown County. The entire county. Kinney County. The entire county. Burleson County. The entire county. Kleberg County. The entire county. Burnet County. The entire county. La Salle County. The entire county. Caldwell County. The entire county. Lamar County. The entire county. Calhoun County. The entire county. Lampasas County. The entire county. Cameron County. The entire county. Lavaca County. The entire county. Camp County. The entire county. Lee County. The entire county. Cass County. The entire county. Leon County. The entire county. Chambers County. The entire county. Liberty County. The entire county. Cherokee County. The entire county. Limestone County. The entire county. Collin County. The entire county. Live Oak County. The entire county. Colorado County. The entire county. Llano County. The entire county. Comal County. The entire county. Madison County. The entire county. Comanche County. The entire county. Marion County. The entire county. Cooke County. The entire county. Mason County. The entire county. Coryell County. The entire county. Matagorda County. The entire county. Dallas County. The entire county. Maverick County. The entire county. Delta County. The entire county. McCulloch County. The entire county. Denton County. The entire county. McLennan County. The entire county. De Witt County. The entire county. McMullen County. The entire county. Dimmit County. The entire county. Medina County. The entire county. Duval County. The entire county. Midland County. The entire county. Eastland County. The entire county. Milam County. The entire county. Ector County. The entire county. Montague County. The entire county. Edwards County. The entire county. Montgomery County. The entire county. Ellis County. The entire county. Morris County. The entire county. Erath County. The entire county. Nacogdoches County. The entire county. Falls County. The entire county. Navarro County. The entire county. Fannin County. The entire county. Newton County. The entire county. Fayette County. The entire county. Nueces County. The entire county. Fort Bend County. The entire county. Orange County. The entire county. Franklin County. The entire county. Palo Pinto County. The entire county. Freestone County. The entire county. Panola County. The entire county. Frio County. The entire county. Parker County. The entire county. Galveston County. The entire county. Polk County. The entire county. Gillespie County. The entire county. Rains County. The entire county. Goliad County. The entire county. Real County. The entire county. Gonzales County. The entire county. Red River County. The entire county. Grayson County. The entire county. Refugio County. The entire county. Gregg County. The entire county. Robertson County. The entire county. Grimes County. The entire county. Rockwall County. The entire county. Guadalupe County. The entire county. Rusk County. The entire county. Hamilton County. The entire county. Sabine County. The entire county. Hardin County. The entire county. San Augustine County. The entire county. Harris County. The entire county. San Jacinto County. The entire county. Harrison County. The entire county. San Patricio County. The entire county. Hays County. The entire county. San Saba County. The entire county. Henderson County. The entire county. Shelby County. The entire county. Hidalgo County. The entire county. Smith County. The entire county. Hill County. The entire county. Somervell County. The entire county. Hood County. The entire county. Stephens County. The entire county. Hopkins County. The entire county. Tarrant County. The entire county. Houston County. The entire county. Taylor County. The entire county. Hunt County. The entire county. Titus County. The entire county.

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Tom Green County. The entire county. (iv) The article has not been com- Travis County. The entire county. bined or commingled with other arti- Trinity County. The entire county. cles so as to lose its individual iden- Tyler County. The entire county. Upshur County. The entire county. tity; or Uvalde County. The entire county. (3) Without a certificate or limited Val Verde County. The entire county. permit provided the regulated article is Van Zandt County. The entire county. a soil sample being moved to a labora- Victoria County. The entire county. tory approved by the Administrator 3 Walker County. The entire county. to process, test, or analyze soil sam- Waller County. The entire county. Washington County. The entire county. ples. Webb County. The entire county. (b) Inspectors are authorized to stop Wharton County. The entire county. any person or means of conveyance Wichita County. The entire county. moving in interstate commerce they Willacy County. The entire county. have probable cause to believe is mov- Williamson County. The entire county. ing regulated articles, and to inspect Wilson County. The entire county. Wise County. The entire county. the articles being moved and the means Wood County. The entire county. of conveyance. Articles found to be in- Young County. The entire county. fested by an inspector, and articles not Zavala County. The entire county. in compliance with the regulations in [57 FR 57327, Dec. 4, 1992] this subpart, may be seized, quarantined, treated, subjected to other re- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 301.81–3, see the List of medial measures, destroyed, or other- CFR Sections Affected, which appears in the wise disposed of. Any treatments will Finding Aids section of the printed volume be in accordance with part 305 of this and at www.govinfo.gov. chapter. § 301.81–4 Interstate movement of reg- (Approved by the Office of Management and ulated articles from quarantined Budget under control number 0579–0102) areas. [57 FR 57327, Dec. 4, 1992, as amended at 59 (a) Any regulated article may be FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, moved interstate from a quarantined 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, area into or through an area that is not June 7, 2005; 75 FR 4240, Jan. 26, 2010] quarantined only if moved under the following conditions: § 301.81–5 Issuance of a certificate or (1) With a certificate or limited per- limited permit. mit issued and attached in accordance (a) An inspector 4 or person operating with §§ 301.81–5 and 301.81–9 of this sub- under a compliance agreement will part; issue a certificate for the interstate (2) Without a certificate or limited movement of a regulated article ap- permit, provided that each of the fol- proved under such compliance agree- lowing conditions is met: ment if he or she determines that the (i) The regulated article was moved regulated article: into the quarantined area from an area that is not quarantined; (ii) The point of origin is indicated on 3 Criteria that laboratories must meet to a waybill accompanying the regulated become approved to process, test, or analyze soil, and the list of currently approved lab- article; oratories, may be obtained from the Animal (iii) The regulated article is moved and Plant Health Inspection Service, Plant through the quarantined area (without Protection and Quarantine, Domestic and stopping except for refueling, or for Emergency Operations, 4700 River Road Unit traffic conditions, such as traffic lights 134, Riverdale, Maryland 20737–1236. or stop signs), or has been stored, 4 Inspectors are assigned to local offices of packed, or parked in locations inacces- APHIS, which are listed in local telephone sible to the imported fire ant, or in lo- directories. Information on local offices may also be obtained from the Animal and Plant cations that have been treated in ac- Health Inspection Service, Plant Protection cordance with part 305 of this chapter, and Quarantine, Domestic and Emergency while in or moving through any quar- Operations, 4700 River Road Unit 134, River- antined area; and dale, Maryland 20737–1236.

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(1) Is eligible for unrestricted move- on shipping containers, or both, as re- ment under all other applicable Fed- quested by the person operating under eral domestic plant quarantines and the compliance agreement. These cer- regulations; tificates may then be completed and (2) Is to be moved interstate in com- used, as needed, for the interstate pliance with any additional conditions movement of regulated articles that deemed necessary under section 414 of have met all of the requirements of the Plant Protection Act (7 U.S.C. 7714) paragraph (a) of this section. to prevent the spread of the imported fire ant; 5 and (Approved by the Office of Management and Budget under control number 0579–0088) (3)(i) Is free of an imported fire ant infestation, based on his or her visual [57 FR 57327, Dec. 4, 1992, as amended at 59 examination of the article; FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, (ii) Has been grown, produced, manu- 1994; 66 FR 21052, Apr. 27, 2001; 75 FR 4240, factured, stored, or handled in a man- Jan. 26, 2010] ner that would prevent infestation or § 301.81–6 Compliance agreements. destroy all life stages of the imported fire ant; Persons who grow, handle, or move (iii) Has been treated in accordance regulated articles interstate may enter with part 305 of this chapter; or. into a compliance agreement 6 if such (iv) If the article is containerized persons review with an inspector each nursery stock, it has been produced in stipulation of the compliance agree- accordance with § 301.81-11. ment, have facilities and equipment to (b) An inspector will issue a limited carry out disinfestation procedures or permit for the interstate movement of application of chemical materials in a regulated article not eligible for a accordance with part 305 of this chap- certificate if the inspector determines ter, and meet applicable State training that the regulated article: and certification standards as author- (1) Is to be moved interstate to a ized by the Federal Insecticide, Fun- specified destination for specified han- gicide, and Rodenticide Act (86 Stat. dling, utilization, or processing (the 983; 7 U.S.C. 136b). Any person who en- destination and other conditions to be ters into a compliance agreement with listed in the limited permit), and this APHIS must agree to comply with the interstate movement will not result in provisions of this subpart and any con- the spread of the imported fire ant be- ditions imposed under this subpart. cause the imported fire ant will be destroyed by the specified handling, utili- [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994; 75 FR 4240, Jan. 26, zation, or processing; 2010] (2) Is to be moved interstate in compliance with any conditions that the § 301.81–7 Cancellation of a certificate, Administrator may impose under sec- limited permit, or compliance tion 414 of the Plant Protection Act (7 agreement. U.S.C. 7714) to prevent the spread of Any certificate, limited permit, or the imported fire ant; and compliance agreement may be canceled (3) Is eligible for interstate move- orally or in writing by an inspector ment under all other Federal domestic whenever the inspector determines plant quarantines and regulations ap- that the holder of the certificate or plicable to the regulated article. limited permit, or the person who has (c) An inspector shall issue blank certificates to a person operating under a compliance agreement (in accordance 6 Compliance agreements may be initiated with § 301.81–6 of this subpart) or au- by contacting a local office of Plant Protec- tion and Quarantine, which are listed in tele- thorize reproduction of the certificates phone directories. The addresses and telephone numbers of local offices of Plant Pro- 5 An inspector may hold, seize, quarantine, tection and Quarantine may also be obtained treat, apply other remedial measures to, from the Animal and Plant Health Inspec- destory, or otherwise dispose of plants, plant tion Service, Plant Protection and Quar- pests, or other articles in accordance with antine, Domestic and Emergency Operations, sections 414, 421, and 434 of the Plant Protec- 4700 River Road Unit 134, Riverdale, Mary- tion Act (7 U.S.C. 7714, 7731, and 7754). land 20737–1236.

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entered into the compliance agree- (2) The article itself, if it is not in a ment, has not complied with this sub- container; or part or any conditions imposed under (3) The consignee’s copy of the ac- this subpart. If the cancellation is oral, companying waybill: Provided, that the the cancellation will become effective descriptions of the regulated article on immediately and the cancellation and the certificate or limited permit, and the reasons for the cancellation will be on the waybill, are sufficient to iden- confirmed in writing as soon as cir- tify the regulated article; and cumstances allow within 20 days after (b) The carrier must furnish the cer- oral notification of the cancellation. tificate or limited permit authorizing Any person whose certificate, limited interstate movement of a regulated ar- permit, or compliance agreement has ticle to the consignee at the shipment’s been canceled may appeal the decision, destination. in writing, within 10 days after receiving the written cancellation notice. (Approved by the Office of Management and The appeal must state all of the facts Budget under control number 0579–0088) and reasons that the person wants the [57 FR 57327, Dec. 4, 1992, as amended at 59 Administrator to consider in deciding FR 67133, Dec. 29, 1994] the appeal. A hearing may be held to resolve any conflict as to any material § 301.81–10 Costs and charges. fact. Rules of practice for the hearing The services of the inspector during will be adopted by the Administrator. normal business hours will be furnished As soon as practicable, the Adminis- without cost to persons requiring the trator will grant or deny the appeal, in services. The United States Depart- writing, stating the reasons for the de- ment of Agriculture will not be respon- cision. sible for any other costs or charges. (Approved by the Office of Management and Budget under control number 0579–0102) § 301.81-11 Imported fire ant detection, [57 FR 57327, Dec. 4, 1992, as amended at 59 control, exclusion, and enforcement FR 67133, Dec. 29, 1994] program for nurseries producing containerized plants. § 301.81–8 Assembly and inspection of This detection, control, exclusion, regulated articles. and enforcement program is designed (a) Persons requiring certification or to keep nurseries free of the imported other services must request the serv- fire ant and provides a basis to certify ices from an inspector 7 at least 48 containerized nursery stock for inter- hours before the services are needed. state movement. Participating regu- (b) The regulated articles must be as- lated establishments must be operating sembled at the place and in the manner under a compliance agreement in ac- the inspector designates as necessary cordance with § 301.81-6. Such compli- to comply with this subpart. ance agreements shall state the specific requirements that a shipper (Approved by the Office of Management and agrees to follow to move plants in ac- Budget under control number 0579–0088) cordance with the requirements of the [57 FR 57327, Dec. 4, 1992, as amended at 59 program. Certificates and a nursery FR 67133, Dec. 29, 1994] identification number may be issued to the nursery for use on shipments of § 301.81–9 Attachment and disposition regulated articles. of certificates and limited permits. (a) Detection. (1) Nursery owners are (a) The consignor must ensure that required to visually survey their entire the certificate or limited permit au- premises twice monthly for the pres- thorizing interstate movement of a ence of imported fire ants. regulated article is, at all times during (2) Nurseries participating in this interstate movement, attached to: program will be inspected by Federal (1) The outside of the container en- or State inspectors at least twice per casing the regulated article; year. More frequent inspections may be necessary depending upon imported 7 See footnote 4 to § 301.81–5(a). fire ant infestation levels immediately

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surrounding the nursery, the thorough- (B) Retreated in accordance with ness of nursery management in main- part 305 of this chapter at the specified taining imported-fire-ant-free prem- interval; or ises, and the number of previous detec- (C) Shipped. tions of imported fire ants in or near (d) Enforcement. (1) The nursery containerized plants. Inspections by owner must maintain records of the Federal and State inspectors should be nursery’s surveys and treatments for more frequent just before and during the imported fire ant. These records the peak shipping season. Any nurs- must be made available to State and eries determined during nursery in- Federal inspectors upon request. spections to have imported fire ant (2) If imported fire ants are detected colonies must be immediately treated in nursery stock during an inspection to the extent necessary to eliminate by a Federal or State inspector, the colonies. issuance of certificates for movement will be suspended until necessary treat- (b) Control. Nursery plants that are ments are applied and the plants and shipped under this program must origi- nursery premises are determined to be nate in a nursery that meets the re- free of the imported fire ant. A Federal quirements of this section. Nursery or State inspector may declare a nurs- owners must implement a treatment ery to be free of the imported fire ant program with registered bait and con- upon reinspection of the premises. This tact insecticides. The premises, includ- inspection must be conducted no soon- ing growing and holding areas, must be er than 30 days after treatment. During maintained free of the imported fire this period, certification may be based ant. As part of this treatment program, upon treatments for plants in accord- all exposed soil surfaces (including sod ance with part 305 of this chapter. and mulched areas) on property where (3) Upon notification by the depart- plants are grown, potted, stored, han- ment of agriculture in any State of dled, loaded, unloaded, or sold must be destination that a confirmed imported treated in accordance with part 305 of fire ant infestation was found on a this chapter at least once every 6 shipment from a nursery considered months. The first application must be free of the imported fire ant, the de- performed early in the spring. Fol- partment of agriculture in the State of lowup treatments with a contact insec- origin must cease its certification of ticide in accordance with part 305 of shipments from that nursery. An inves- this chapter must be applied to elimi- tigation by Federal or State inspectors nate all remaining colonies. will commence immediately to deter- (c) Exclusion. (1) For plants grown on mine the probable source of the prob- the premises, treatment of soil or pot- lem and to ensure that the problem is ting media in accordance with part 305 resolved. If the problem is an infesta- of this chapter prior to planting is re- tion, issuance of certification for quired. movement on the basis of imported- fire-ant-free premises will be suspended (2) For plants received from outside until treatment and elimination of the sources, to prevent the spread into a infestation is completed. Reinstate- nursery free of the imported fire ant by ment into the program will be granted newly introduced, infested nursery upon determination that the nursery plants, all plants must be: premises are free of the imported fire (i) Obtained from nurseries that com- ant, and that all other provisions of ply with the requirements of this sec- this subpart are being followed. tion and that operate under a compli- (4) In cases where the issuance of cer- ance agreement in accordance with tificates is suspended through oral no- § 301.81-6; or tification, the suspension and the rea- (ii) Treated upon delivery in accord- sons for the suspension will be con- ance with part 305 of this chapter, and firmed in writing within 20 days of the within the specified number of days be oral notification of the suspension. either: Any person whose issuance of certifi- (A) Repotted in treated potting soil cates has been suspended may appeal media; the decision, in writing, within 10 days

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after receiving the written suspension (1) Soil, compost, humus, muck, peat, notice. The appeal must state all of the and decomposed manure, separately or facts and reasons that the person wants with other things. the Administrator to consider in decid- (2) Plants with roots, except soil-free ing the appeal. A hearing may be held aquatic plants. to resolve any conflict as to any mate- (3) Grass sod. rial fact. Rules of practice for the hear- (4) Plant crowns and roots for propa- ing will be adopted by the Adminis- gation. trator. As soon as practicable, the Ad- (5) True bulbs, corms, rhizomes, and ministrator will grant or deny the ap- tubers of ornamental plants. peal, in writing, stating the reasons for (6) Irish potatoes included within any the decision. one or more of the following paragraph [75 FR 4240, Jan. 26, 2010] (b)(6)(i), (ii), or (iii) of this section: (i) Irish potatoes for seed; and Subpart Q—Unshu Oranges (ii) Irish potatoes unless— (A) Each is at least 11⁄2 inches in di- [Reserved] ameter based on measurement by a sizing screen or sizing chain, each is Subpart R—Golden Nematode substantially free of soil as a result of grading (a method of removing soil me- SOURCE: 37 FR 24330, Nov. 16, 1972, unless chanically) under a compliance agree- otherwise noted. Redesignated at 84 FR 2428, ment in accordance with § 301.85–5(b), Feb. 7, 2019. and they are moved in an approved container; or QUARANTINE AND REGULATIONS (B) Each is substantially free of soil as a result of washing or fluming under § 301.85 Quarantine; restriction on a compliance agreement in accordance interstate movement of specified regulated articles. with § 301.85–5(b), and they are moved in an approved container; or (a) Notice of quarantine. Under the au- (iii) Irish potatoes harvested from a thority of sections 411, 412, 414, and 434 field tested and found by an inspector of the Plant Protection Act (7 U.S.C. to contain an identifiable population of 7711, 7712, 7714, and 7754), the Secretary viable golden nematodes, unless such of Agriculture quarantines the State of field had been subsequently treated in New York in order to prevent the accordance with paragraph (b)(6)(iii) spread of the golden nematode (A), (B), or (C) of this section under the (Globodera rostochiensis), which causes a supervision of an inspector and in ac- dangerous disease of potatoes and cer- cordance with any additional condi- tain other plants and is not widely tions found necessary by the inspector prevalent or distributed within and to assure effective application of the throughout the United States. Through pesticide used; and unless headlands the aforementioned authorities, the and farm roads are treated in accord- Secretary imposes a quarantine on the ance with paragraph (b)(6)(iii)(D) of State of New York with respect to the this section: interstate movement from that State (A) Applications of 140.3 liters of of the articles described in paragraph Vorlex (1,3 dichloropropene; 1,2 (b) of this section, issues regulations in dichloropropane, and other related this subpart governing the movement compounds, 80 percent; plus methyl of such articles, and gives notice of isothiocyanate, 20 percent active ingre- this quarantine action. dients) per hectare (15 gallons per (b) Quarantine restrictions on interstate acre); two applications 5 to 10 days movement of specified regulated articles. apart with a third application 5 to 10 No common carrier or other person days after the second application to shall move interstate from any quar- areas in which the inspector finds upon antined State any of the following arti- microscopic examination of soil sam- cles (defined in § 301.85–1 as regulated ples that viable golden nematodes may articles), except in accordance with the still exist; soil to be from 3 °C to 29 °C conditions prescribed in this subpart: (38 °F to 84 °F).

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(B) Applications of 280.6 liters of D-D en nematode, and the person in posses- (1,3 dichloropropene; 1,2 sion thereof has been so notified. dichloropropane, and other related [37 FR 24330, Nov. 16, 1972, as amended at 47 compounds, 100 percent active ingredi- FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, ents) per hectare (30 gallons per acre); 2001; 67 FR 8465, Feb. 25, 2002; 69 FR 21040, two applications 5 to 10 days apart with Apr. 20, 2004] a third application 5 to 10 days after the second application to areas in § 301.85–1 Definitions. which the inspector finds upon micro- Terms used in the singular form in scopic examination of soil samples that this subpart shall be deemed to import viable golden nematodes may still the plural and vice versa, as the case exist (consult product label for heavier may demand. The following terms, dosage in muck or peat soils); soil to be when used in this subpart shall be con- from 4.5 °C to 29 °C (40 °F to 84 °F). strued respectively to mean: (C) Applications of 168.4 liters of Certificate. A document issued or au- Telone II (1,3 dichloropropene, 92 per- thorized to be issued under this subpart cent active ingredient) per hectare (18 by an inspector to allow the interstate gallons per acre); two applications 5 to movement of regulated articles to any 10 days apart with a third application 5 destination. to 10 days after the second application Compliance agreement. A written to areas in which the inspector finds agreement between a person engaged in upon microscopic examination of soil growing, handling, or moving regulated articles, and the Plant Protection and samples that viable golden nematodes Quarantine Programs, wherein the may still exist (consult product label former agrees to comply with the re- for heavier dosage in muck or peat quirements of this subpart identified in soils); soil to be from 4.5 °C to 32 °C (40 the agreement by the inspector who °F to 90 °F). executes the agreement on behalf of (D) Application of Vapam (sodium-N- the Plant Protection and Quarantine methyl dithiocarbamate, 32.7 percent Programs as applicable to the oper- active ingredient) mixed with water at ations of such person. the rate of 1 part Vapam to 60 parts Deputy Administrator. The Deputy Ad- water and applied as a drench at the ministrator of the Plant Protection rate of 14.96 cubic meters per hectare and Quarantine Programs, Animal and (1600 gallons per acre); soil to be from Plant Health Inspection Service, U.S. 4.5 °C to 32 °C (40 °F to 90 °F). Department of Agriculture, or any (7) Root crops other than Irish pota- other officer or employee of said serv- toes. ice to whom authority to act in his (8) Small grains and soybeans. stead has been or may hereafter be del- (9) Hay, straw, fodder, and plant lit- egated. ter, of any kind. Farm tools. An instrument worked or (10) Ear corn, except shucked ear used by hand, e.g., hoes, rakes, shovels, corn. axes, hammers, and saws. (11) Used crates, boxes, and burlap Generally infested area. Any part of a bags, and other used farm products regulated area not designated as a sup- containers. pressive area in accordance with § 301.85–2. (12) Used farm tools. Golden nematode. The nematode (13) Used mechanized cultivating known as the golden nematode equipment and used harvesting equip- (Globodera rostochiensis), in any stage of ment. development. (14) Used mechanized soil-moving Infestation. The presence of the gold- equipment. en nematode or the existence of cir- (15) Any other products, articles, or cumstances that make it reasonable to means of conveyance of any character believe that the golden nematode is whatsoever, not covered by paragraphs present. (b) (1) through (14) of this section, when Inspector. Any employee of the Plant it is determined by an inspector that Protection and Quarantine Programs, they present a hazard of spread of gold- Animal and Plant Health Inspection

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Service, U.S. Department of Agri- movement of regulated articles not culture, or other person, authorized by certifiable under all applicable Federal the Deputy Administrator to enforce domestic plant quarantines to a speci- the provisions of the Quarantine and fied destination for other than sci- regulations in this subpart. entific purposes. Interstate. From any State into or Scientific permit. A document issued through any other State. by the Deputy Administrator to allow Limited permit. A document issued or the interstate movement to a specified authorized to be issued by an inspector destination of regulated articles for to allow the interstate movement of scientific purposes. noncertifiable regulated articles to a Soil. That part of the upper layer of specified destination for limited han- earth in which plants can grow. dling, utilization or processing or for State. Any State, territory, or dis- treatment. trict of the United States, including Mechanized cultivating equipment; and Puerto Rico. mechanized harvesting equipment. Suppressive area. That portion of a Mechanized equipment used for soil regulated area where eradication of in- tillage, including tillage attachments festation is undertaken as an objective, for farm tractors, e.g., tractors, disks, as designated under § 301.85–2(a). plows, harrows, planters, and subsoilers; mechanized equipment used [37 FR 24330, Nov. 16, 1972, as amended at 47 for harvesting purposes, e.g., combines, FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, potato conveyors, and harvesters and June 7, 2005] hay balers. Mechanized soil-moving equipment. § 301.85–2 Authorization to designate, Equipment used for moving or trans- and terminate designation of, regu- porting soil, e.g., draglines, bulldozers, lated areas and suppressive or gen- dump trucks, road scrapers, etc. erally infested areas; and to exempt Moved (movement, move). Shipped, de- articles from certification, permit, posited for transmission in the mail, or other requirements. otherwise offered for shipment, re- (a) Regulated areas and suppressive or ceived for transportation, carried, or generally infested areas. The Deputy Ad- otherwise transported, or moved, or al- ministrator shall list as regulated lowed to be moved, by mail or other- areas, in a supplemental regulation wise. ‘‘Movement’’ and ‘‘move’’ shall be designated as § 301.85–2a, each quar- construed in accordance with this defi- antined State; or each portion thereof nition. in which golden nematode has been Person. Any individual, corporation, found or in which there is reason to be- company, society, or association, or lieve that golden nematode is present, other organized group of any of the or which it is deemed necessary to reg- foregoing. ulate because of their proximity to in- Plant Protection and Quarantine Pro- festation or their inseparability for grams. The organizational unit within quarantine enforcement purposes from the Animal and Plant Health Inspec- infested localities. The Deputy Admin- tion Service, U.S. Department of Agri- istrator, in the supplemental regula- culture, delegated responsibility for tion, may divide any regulated area enforcing provisions of the Plant Pro- into a suppressive area or a generally tection Act and related legislation, infested area in accordance with the quarantines, and regulations. definitions thereof in § 301.85–1. Less Regulated area. Any quarantined than an entire quarantined State will State, or any portion thereof, listed as be designated as a regulated area only a regulated area in § 301–85–2a, or other- if the Deputy Administrator is of the wise designated as a regulated area in opinion that: accordance with § 301.85–2(b). (1) The State has adopted and is en- Regulated article. Any articles as de- forcing a quarantine or regulation scribed in § 301.85(b). which imposes restrictions on the Restricted destination permit. A docu- intrastate movement of the regulated ment issued or authorized to be issued articles which are substantially the by an inspector to allow the interstate same as those which are imposed with

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respect to the interstate movement of lated articles which make it safe to so such articles under this subpart; and relieve such requirements. (2) The designation of less than the [37 FR 24330, Nov. 16, 1972, as amended at 70 entire State as a regulated area will FR 33268, June 7, 2005] otherwise be adequate to prevent the interstate spread of the golden nema- § 301.85–2a Regulated areas; suppres- tode. sive and generally infested areas. (b) Temporary designation of regulated The civil divisions and parts of civil areas and suppressive or generally in- divisions described below are des- fested areas. The Deputy Administrator ignated as golden nematode regulated or an authorized inspector may tempo- areas within the meaning of the provi- rarily designate any other premises in sions of this subpart; and such regu- a quarantined State as a regulated area lated areas are hereby divided into gen- and a suppressive or generally infested erally infested areas or suppressive area, in accordance with the criteria areas as indicated below: specified in paragraph (a) of this sec- NEW YORK tion for listing such area, by serving (1) Generally infested area: written notice thereof on the owner or Cayuga County. (A) The Town of Monte- person in possession of such premises, zuma; and thereafter the interstate move- (B) That portion of land within the Town ment of regulated articles from such of Mentz owned or operated by Martens premises by any person having notice Farm which lies in an area bounded as follows: Beginning at the intersection of Tow of the designation shall be subject to Path Road and Maiden Lane; then west along the applicable provisions of this sub- Tow Path Road to its intersection with the part. As soon as practicable, such Town of Mentz boundary; then north along premises shall be added to the list in the Town of Mentz boundary to its intersec- § 301.85–2a if a basis then exists for tion with Maiden Lane; then east along Maiden Lane to the point of beginning. their designation; otherwise the des- Livingston County. (A) That portion of land ignation shall be terminated by the in the area of South Lima North Muck in the Deputy Administrator or an authorized town of Lima bounded as follows: Beginning inspector and notice thereof shall be at a point along the north side of South given to the owner or person in posses- Lima Rd. marked by latitude/longitude co- ¥ sion of the premises. ordinates 42.8553, 77.6738; then north along a farm road to coordinates 42.8588, ¥77.6712; (c) Termination of designation as a reg- then east along a farm road to coordinates ulated area and a suppressive or generally 42.8596, ¥77.6678; then north along a farm infested area. The Deputy Adminis- road to coordinates 42.8624, ¥77.6683; then trator shall terminate the designation east along a farm road to coordinates 42.8624, provided for under paragraph (a) of this ¥77.6648; then north along a farm road to coordinates number 42.8735, ¥77.6651; then west section of any area listed as a regu- along a farm road to coordinates number lated area and suppressive or generally 42.8735, ¥77.6684; then south along Little infested area when he determines that Conesus Creek to coordinates 42.8712, such designation is no longer required ¥77.6693; then west to include a portion of an under the criteria specified in para- access road and gravel clean off site to co- ¥ graph (a) of this section. ordinates 42.8712, 77.6705; then south to coordinates 42.8711, ¥77.6704; then east to co- (d) Exemption of articles from certifi- ordinates 42.8711, ¥77.6699; then north to co- cation, permit, or other requirements. The ordinates 42.8712, ¥77.6698; then east to co- Deputy Administrator may, in a sup- ordinates 42.8711, ¥77.6693; then south along plemental regulation designated as Little Conesus Creek to coordinates 42.8688, § 301.85–2b, list regulated articles or ¥77.6702; then west along a farm road to co- ¥ movements of regulated articles which ordinates 42.8688, 77.6713; then south along a farm road to coordinates 42.8659, ¥77.6733; shall be exempt from the certification, then south along a farm road to coordinates permit, or other requirements of this 42.8642, ¥77.6740; then west along a farm road subpart under such conditions as he or to coordinates 42.8643, ¥77.6761; then south she may prescribe, if he or she finds along a farm road to coordinates 42.8567, that facts exist as to the pest risk in- ¥77.6802; then east to coordinates 42.8564, ¥77.6741; then south along Little Conesus volved in the movement of such regu- Creek to coordinates 42.8553, ¥77.6745; then

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east to point of beginning at coordinates nates 40.8345, ¥73.5921; continuing north 461′ 42.8553, ¥77.6738; along Hegemans Lane to coordinates 40.8358, (B) That portion of land in the area of ¥73.5921; continuing north 182′ along South Lima South Muck in the town of Lima Hegemans Lane to coordinates 40.8363, bounded as follows: Beginning at a point ¥73.5921; continuing north 1227′ along along the south side of South Lima Rd. Hegemans Lane to coordinates 40.8397, marked by latitude/longitude coordinates ¥73.5920; continuing north 718′ along 42.8552, ¥77.6774; then south to coordinates Hegemans Lane to coordinates 40.8416, 42.8548, ¥77.6774; then east to coordinates ¥73.5919; then heading west 188′ to Chicken 42.8548, ¥77.6767; then south to coordinates Valley Road at coordinates 40.8416, ¥73.5926: 42.8509, ¥77.6770; then south to coordinates then heading southwest 70′ along Chicken 42.8447, ¥77.6772; then east to coordinates Valley Road to coordinates 40.8415, ¥73.5928; 42.8446, ¥77.6739; then north along a farm continuing southwest 297′ along Chicken Val- road to coordinates 42.8477, ¥77.6728; then ley Road to coordinates 40.8409, ¥73.5936; east along a farm road to coordinates 42.8488, continuing southwest 106′ along Chicken Val- ¥77.6700; then north along a farm road to co- ley Road to coordinates 40.8407, ¥73.5938; ordinates 42.8512, ¥77.6701; then west along a continuing southwest 155′ along Chicken Val- farm road to coordinates 42.8512, ¥77.6720; ley Road to coordinates 40.8404, ¥73.5914; then north along a farm road to coordinates continuing southwest 142′ along Chicken Val- 42.8516, ¥77.6720; then west along a farm road ley Road to coordinates 40.8400, ¥73.5944; to coordinates 42.8518, ¥77.6740; then north continuing southwest 125′ along Chicken Val- to coordinates 42.8541, ¥77.6740; then west to ley Road to coordinates 40.8397, ¥73.5946; coordinates 42.8545, ¥77.6766; then north to continuing southwest 36′ along Chicken Val- coordinates 42.8552, ¥77.6765; then west to ley Road to coordinates 40.8397, ¥73.5947: point of beginning at coordinates 42.8552, continuing southwest 38′ along Chicken Val- ¥77.6774; ley Road to coordinates 40.8396, ¥73.5948; (C) That portion of land in the area of Wig- continuing southwest 201′ along Chicken Val- gle Muck in the town of Livonia bounded as ley Road to coordinates 40.8392, ¥73.5953; follows: Beginning at a point along the west continuing southwest 98′ along Chicken Val- side of Plank Rd. (State highway 15A) ley Road to coordinates 40.8390, ¥73.5955; marked by latitude/longitude coordinates continuing southwest 61′ along Chicken Val- 42.8489, ¥77.6136; then west to coordinates ley Road to coordinates 40.8389, ¥73.5957; 42.8491, ¥77.6203; then south along a farm continuing southwest 187′ along Chicken Val- road to coordinates 42.8468, ¥77.6192; then ley Road to coordinates 40.8384, ¥73.5960; south along a farm road to coordinates continuing southwest 62′ along Chicken Val- 42.8419, ¥77.6188; then east to coordinates ley Road to coordinates 40.8383, ¥73.5962; 42.8422, ¥77.6161; then north along a farm continuing southwest 142′ along Chicken Val- road to coordinates 42.8487, ¥77.6168; then ley Road to coordinates 40.8380, ¥73.5965; east to the west side of Plank Rd. marked by continuing southwest 252′ along Chicken Val- coordinates 42.8487, ¥77.6135; then north to ley Road to coordinates 40.8375, ¥73.5971; point of beginning at coordinates 42.8489, then heading southeast 254′ along a wood line ¥77.6136; and to coordinates 40.8370, ¥73.5965; then heading (D) That portion of land in the town of south-southeast 269′ along a wood line to co- Avon bounded as follows: Beginning at a ordinates 40.8363, ¥73.5963; continuing south- point marked by latitude/longitude coordi- southeast 182′ along a wood line to coordinates 42.9056, ¥77.6872; then east along a nates 40.8358, ¥73.5962; then heading south farm road to coordinates 42.9054, ¥77.6850; 303′ along a wood line to coordinates 40.8350, then east along a farm road to coordinates ¥73.5961; then heading south-southeast 175′ 42.9060, ¥77.6825; then north along a drainage along a wood line to coordinates 40.8346, ditch to coordinates 42.9069, ¥77.6823; then ¥73.5958; then heading south 329′ along a north along a drainage ditch to coordinates farm road to coordinates 40.8337, ¥73.5957; 42.9079, ¥77.6847; then north to coordinates then heading southwest 76′ along a farm road 42.9103, ¥77.6844; then west along the south to coordinates 40.8335, ¥73.5958; then heading side of a farm road to coordinates 42.9103, west-southwest 104′ along a farm road to co- ¥77.6857; then south along a farm road to ordinates 40.8334, ¥73.5962; then heading point of beginning at coordinates 42.9056, south-southwest 278′ along a farm road to co- ¥77.6872. ordinates 40.8327, ¥73.5965; then heading Nassau County. (A) That portion of land in southeast 1441′ along the south boundary of the town of Oyster Bay and the village of Old the Young’s Farm to the starting point at Brookville bounded as follows: Beginning at coordinates 40.8312, ¥73.5917; a point marked by latitude-longitude coordi- (B) That portion of land in the town of nates 40.8312 ¥73.5917; then proceeding north- Oyster Bay and in the village of Old northwest 152′ along Hegemans Lane to co- Brookville bounded as follows: Beginning at ordinates 40.8317, ¥73.5917; continuing north- a point marked by latitude-longitude coordi- northwest 581′ along Hegemans Lane to co- nates 40.8343, ¥73.5921; then heading south ordinates 40.8332, ¥73.5920; then heading 399′ along Hegemans Lane to coordinates north 473′ along Hegemans Lane to coordi- 40.8332, ¥73.5920; then heading 403′ northeast

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along a tree line to coordinates 40.8335, heading 280′ northwest through a wooded ¥73.5906; then heading 263′ north to coordi- area to coordinates 40.8604, ¥73.5548; then nates 40.8342, ¥73.5906; then heading north- heading north-northwest 188′ along a residen- west 6′ along Linden Lane to coordinates tial driveway to coordinates 40.8609, ¥73.5549; 40.8342, ¥73.5906; continuing northwest 98′ then heading west 337′ along a residential along Linden Lane to coordinates 40.8343, driveway to coordinates 40.8609, ¥73.5561; ¥73.5909; continuing northwest 52′ along Lin- then heading northwest 309′ along a residen- den Lane to coordinates 40.8344, ¥73.5911; tial driveway to coordinates 40.8617, ¥73.5565; then continuing 54′ northwest along Linden then heading north-northwest 103′ along a Lane to coordinates 40.8344, ¥73.5913; then residential driveway to coordinates 40.8620, heading southwest 43′ along Linden Lane to ¥73.5566; continuing north-northwest 38′ coordinates 40.8344, ¥73.5915; then continuing along a residential driveway to coordinates southwest 170′ to the starting point at co- 40.8621, ¥73.5566; then heading north 108′ ordinates 40.8343, ¥73.5921; along a residential driveway to coordinates (C) That portion of land in the town of Oys- 40.8624, ¥73.5566; then heading northwest 135′ ter Bay and the village of Old Brookville along a residential driveway to coordinates bounded as follows: Beginning at a point 40.8627, ¥73.5567; continuing northwest 95′ marked by latitude-longitude coordinates along a residential driveway to coordinates 40.8365, ¥73.5874; then heading south 452′ to 40.8630, ¥73.5568; then heading east 106′ to a coordinates 40.8352, ¥73.5873; then proceeding residential driveway at coordinates 40.8630, northeast 583′ to coordinates 40.8356, ¥73.5565; then heading northeast 172′ along a ¥73.5853; then heading north-northwest 400′ residential driveway to coordinates 40.8631, to coordinates 40.8367, ¥73.5855; then heading ¥73.5558; continuing northeast 160′ along a 529′ southwest to the starting point at co- residential driveway to coordinates 40.8633, ordinates 40.8365, ¥73.5874; ¥73.5553; continuing northeast 20′ along a (D) That portion of land in the town of residential driveway to coordinates 40.8633, Oyster Bay in the villages of Upper ¥73.5552; continuing northeast 141′ along a Brookville and Matinecock bounded as fol- residential driveway to coordinates 40.8636, lows: Beginning at a point marked by lati- ¥73.5549; continuing northeast 106′ along a tude-longitude coordinates 40.8631, ¥73.5671; residential driveway to coordinates 40.8639, proceeding south 240′ along Chicken Valley ¥73.5547; then heading north-northeast 20′ Road to coordinates 40.8625, ¥73.5670; con- along a residential driveway to coordinates tinuing south 293′ along Chicken Valley Road 40.8639, ¥73.5547; continuing north-northeast to coordinates 40.8617, ¥73.5670; continuing 107′ along a residential driveway to coordi- south 131′ along Chicken Valley Road to co- nates 40.8642, ¥73.5546; continuing north- ordinates 40.8613, ¥73.5670; proceeding south- northeast 111′ along a residential driveway to southwest 116′ along Chicken Valley Road to coordinates 40.8645, ¥73.5545; continuing coordinates 40.8610, ¥73.5671; continuing north-northeast 207′ along a residential south-southwest 113′ along Chicken Valley driveway to coordinates 40.8650, ¥73.5545; Road to coordinates 40.8670, ¥73.5672; pro- then heading north 53′ along a residential ceeding southwest 116′ along Chicken Valley driveway to coordinates 40.8652, ¥73.5545; Road to coordinates 40.8604, ¥3.5674; con- then heading northeast 153′ along a paved tinuing southwest 337′ along Chicken Valley driveway to coordinates 40.8655, ¥73.5540; Road to coordinates 40.8596, ¥73.5679; con- continuing northeast 173′ along a paved tinuing southwest 82′ along Chicken Valley driveway to coordinates 40.8657, ¥73.5535; Road to coordinates 40.8594, ¥73.5680; then continuing northeast 71′ along a paved drive- heading east-northeast 819′ through a wooded way to coordinates 40.8658, ¥73.5533; then area to coordinates 40.8596, ¥73.5651; then heading north-northeast 47′ along a paved heading southeast 1462′ through a wooded driveway to coordinates 40.8659, ¥73.5532; area to coordinates 40.8558, ¥73.5634; con- continuing north-northeast 70′ along a paved tinuing southeast 1065′ through a wooded driveway to coordinates 40.8661, ¥73.5531; area to coordinates 40.8531, ¥73.5618; then continuing north-northeast 79′ along a paved heading northeast 1167′ along the border with driveway to coordinates 40.8663, ¥73.5530; a golf course to coordinates 40.8547, ¥73.5581; then heading north-northeast 109′ along a continuing northeast 317′ along the border paved driveway to coordinates 40.8666, with the golf course to coordinates 40.8552, ¥73.5530; then heading north 129′ along a ¥73.5573; then heading east-northeast 1278′ paved driveway to coordinates 40.8669, along the border with a golf course to coordi- ¥73.5529; continuing north 122′ along a paved nates 40.8557, ¥73.5527; then heading south driveway to coordinates 40.8673, ¥73.5529; 275′ along the border with a golf course to co- then heading north-northeast 182′ along a ordinates 40.8549, ¥73.5526; then heading paved driveway to coordinates 40.8678, northeast 873′ along the golf course boundary ¥73.5527; then heading north 23′ along a to coordinates 40.8564, ¥73.5501; then heading paved driveway to coordinates 40.8678, northwest 1463′ through a wooded area to co- ¥73.5527; then heading north-northwest 36′ ordinates 40.8602, ¥73.5519; then heading 615′ along a paved driveway to Planting Fields southwest along the border of a residential Road at coordinates 40.8679, ¥73.5528; then area to coordinates 40.8599, ¥73.5541; then heading southwest 6′ along Planting Fields

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Road to coordinates 40.8679, ¥73.5528; con- ordinates 40.8633, ¥73.5668; continuing south- tinuing southwest 48′ along Planting Fields west 100′ along Planting Fields Road to the Road to coordinates 40.8679, ¥73.5530; then intersection with Chicken Valley Road at heading west 339′ along Planting Fields Road starting point coordinates 40.8631, ¥73.5671; to coordinates 40.8679, ¥73.5542; then heading and west-southwest 93′ along Planting Fields (E) That portion of land in the town of Road to coordinates 40.8679, ¥73.5545; then Oyster Bay and in the hamlet of Old heading southwest 69′ along Planting Fields Bethpage bounded as follows: Beginning at a Road to coordinates 40.8678, ¥73.5548; con- point marked by latitude-longitude coordi- ′ tinuing southwest 79 along Planting Fields nates 40.7703, ¥73.4460; then proceeding ¥ Road to coordinates 40.8677, 73.5550; con- southwest 1997′ through a wood line to Wind- ′ tinuing southwest 133 along Planting Fields ing Road at coordinates 40.7655, ¥73.4493; ¥ Road to coordinates 40.8675, 73.5554; con- then heading southeast 102′ along Winding ′ tinuing southwest 60 along Planting Fields Road to coordinates 40.7653, ¥73.4490; con- Road to coordinates 40.8674, ¥73.5556; continuing southeast 57′ along Winding Road to tinuing southwest 71′ along Planting Fields coordinates 40.7652, ¥73.4488; then heading Road to coordinates 40.8674, ¥73.5558; head- south-southeast 52′ along Winding Road to ing west-southwest 225′ along Planting Fields coordinates 40.7650, ¥73.4488; continuing Road to coordinates 40.8672, ¥73.5566; con- south-southeast 99′ along Winding Road to tinuing west-southwest 89′ along Planting coordinates 40.7648, ¥73.4487; then heading Fields Road to coordinates 40.8672, ¥73.5570; south 654′ along Winding Road to coordinates continuing west-southwest 132′ along Plant- 40.7630, ¥73.4485; then heading southeast 24′ ing Fields Road to coordinates 40.8671, ¥ ¥ ′ along a ramp to coordinates 40.7629, 73.4485; 73.5574, then heading southwest 91 along ′ Planting Fields Road to coordinates 40.8670, then heading northeast 2134 through a wood ¥ ¥73.5577; continuing southwest 59′ along line to coordinates 40.7644, 73.4411; then ′ Planting Fields Road to coordinates 40.8669, heading north-northwest 1197 along the Nas- ¥73.5579; continuing southwest 240′ along sau County-Suffolk County Border to coordi- ¥ Planting Fields Road to coordinates 40.8665, nates 40.7677, 73.4417; then heading south- ′ ¥73.5586; continuing southwest 219′ along west 250 through a wood line to coordinates ¥ ′ Planting Fields Road to coordinates 40.8661, 40.7676, 73.4426; then heading 132 north- ¥73.5592; continuing southwest 89′ along northwest along Restoration Road to coordi- ¥ Planting Fields Road to coordinates 40.8660, nates 40.7679, 73.4426; then heading north- ′ ¥73.5594; continuing southwest 132′ along east 311 along Restoration Road to coordi- Planting Fields Road to coordinates 40.8658, nates 40.7687, ¥73.4422; then heading north- ¥73.5598; continuing southwest 93′ along west 96′ along Restoration Road to coordi- Planting Fields Road to coordinates 40.8657, nates 40.7689, ¥73.44245; continuing north- ¥73.5602; continuing southwest 97′ along west 262′ along Restoration Road to coordi- Planting Fields Road to coordinates 40.8655, nates 40.7695, ¥73.4430; continuing northwest ¥73.5605; continuing southwest 90′ along 173′ along Restoration Road to coordinates Planting Fields Road to coordinates 40.8654, 40.7699,¥73.4433; continuing northwest 33′ ¥73.5608; continuing southwest 131′ along along Restoration Road to coordinates Planting Fields Road to coordinates 40.8653, 40.7699, ¥73.4434; then heading southwest 275′ ¥73.5612; continuing southwest 80′ along along Restoration Road to coordinates Planting Fields Road to coordinates 40.8652, 40.76942, ¥73.4440; continuing southwest 194′ ¥73.5614; continuing southwest 257′ along along Restoration Road to coordinates Planting Fields Road to coordinates 40.8649, 40.76900, ¥73.4445; then heading north-north- ¥73.5623; continuing southwest 133′ along west 334′ along a gravel path to coordinates Planting Fields Road to coordinates 40.8647, 40.7698, ¥73.4448; then heading northwest 364′ ¥73.5627; continuing southwest 59′ along along a gravel path to the starting point at Planting Fields Road to coordinates 40.8646, coordinates 40.7703, ¥73.4460. ¥73.5629; continuing southwest 85′ along Orleans County. (A) That portion of land in Planting Fields Road to coordinates 40.8645, the town of Barre bounded as follows: Begin- ¥73.5632; then heading west-southwest 177′ ning at a point on the north side of Spoil along Planting Fields Road to coordinates Bank Road marked by latitude-longitude co- 40.8644, ¥73.5638; continuing west-southwest ordinates 43.1327, ¥78.1234; then east along a 213′ along Planting Fields Road to coordi- farm road running parallel to Spoil Bank nates 40.8643, ¥73.5646; then heading south- Road to coordinates 43.1327, ¥78.1191; then west 89′ along Planting Fields Road to co- north along a willow hedge row to coordi- ordinates 40.8642, ¥73.5649; continuing south- nates 43.1354, ¥78.1191; then west along a west 58′ along Planting Fields Road to co- drainage ditch to coordinates 43.1353, ordinates 40.8642, ¥73.5651; continuing south- ¥78.1227; then northwest along a drainage west 133′ along Planting Fields Road to co- ditch to coordinates 43.1354, ¥78.1230; then ordinates 40.8639, ¥73.5654; continuing south- northwest to coordinates 43.1355, ¥78.1232; west 325′ along Planting Fields Road to co- then west to coordinates 43.1355, ¥78.1233; ordinates 40.8635, ¥73.5664; continuing south- then southwest to coordinates 43.1354, west 116′ along Planting Fields Road to co- ¥78.1234; then south along a drainage ditch

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to the point of beginning at coordinates nates 42.4050, ¥77.7107; then east along a 43.1327, ¥78.1234; farm road to coordinates 42.4049, ¥77.7038; (B) That portion of land in the town of then south along a farm road to coordinates Barre bounded as follows: Beginning at a 42.4034, ¥77.7030; then east to point of begin- point marked by latitude-longitude coordi- ning at coordinates 42.4034, ¥77.6986; nates 43.1548, ¥078.1199; then east along a (D) That portion of land in the town of farm road to coordinates 43.1548, ¥078.1166; Cohocton (formerly known as the then south to coordinates 43.1524, ¥078.1167; ‘‘Werthwhile Farm’’) on the north side of then west to coordinates 43.1524, ¥078.1199; County Road 5 (known as Brown Hill Road), then north along a willow hedgerow to the and 0.2 mile west of the junction of County point beginning at coordinates 43.1548, Road 5 with County Road 58 (known as ¥078.1199; and Wager Road); and (C) That portion of land in the town of (E) That portion of land in the town of Fre- Barre bounded as follows: Beginning at a mont that is bounded as follows: Beginning point marked by latitude-longitude coordi- at a point on Babcock Road that intersects a ¥ nates 43.1551, 78.1240; then west to coordi- farm road marked by latitude/longitude co- ¥ nates 43.1551, 78.1244; then southwest to coordinates 42.4368, ¥77.5751; then west along ¥ ordinates 43.1550, 78.1245; then southwest to the farm road to coordinates 42.4367, ¥ coordinates 43.1550, 78.1245; then south to ¥77.5780; then south to coordinates 42.4360, ¥ coordinates 43.1549, 78.1245; then west along ¥77.5780; then west to coordinates 42.4359, a drainage ditch to coordinates 43.1548, ¥77.5807; then south to coordinates 42.4335, ¥78.1264, then north to coordinates 43.1596, ¥77.5806; then east to coordinates 42.4333, ¥78.1266; then east along a farm road to co- ¥77.5778; then south to coordinates 42.4318, ordinates 43.1597, ¥78.1243; then south along ¥77.5777; then east to coordinates 42.4323, a willow hedge to the point of beginning at ¥77.5771; then north to coordinates 42.4330, coordinates 43.1551, ¥78.1240. ¥77.5763; then east to coordinates 42.4330, Seneca County. The town of Tyre. ¥77.5761; then north to coordinates 42.4349, Steuben County. (A) The towns of ¥77.5756; then east to coordinates 42.4349, Prattsburgh and Wheeler. ¥ (B) The area known as ‘‘Arkport Muck 77.5749; then north to the point of begin- ¥ North’’ located in the town of Dansville ning at coordinates 42.4368, 77.5751. bounded as follows: Beginning at a point Suffolk County. (A) Towns of Riverhead, along the west bank of the Marsh Ditch that East Hampton, Southampton, Southold, and intersects a farm road marked by latitude/ Shelter Island in their entirety in Suffolk longitude coordinates 42.4230, ¥77.7121; then County; north along the Marsh Ditch to coordinates (B) That portion of land in the town of 42.4314, ¥77.7158; then west along a farm road Huntington and the hamlet of Melville to coordinates 42.4307, ¥77.7204; then south bounded as follows: Beginning at a point along the edge of a forest to coordinates marked by latitude-longitude coordinates 42.4284, ¥77.7194; then west along a farm road 40.7767, ¥72.4202; then proceeding southwest to coordinates 42.4282, ¥77.7201; then south 788′ along Broad Hollow Rd. to coordinates along a farm road to coordinates 42.4255, 40.7746, ¥72.4210; then heading east 2354′ ¥77.7189; then east along a tree line to co- along Huntington Quadrangle Rd. to coordi- ordinates 42.4254, ¥77.7180; then south along nates 40.7748, ¥72.4125; then heading south a tree line to coordinates 42.4230, ¥77.7157; 2095′ parallel to Maxess Rd. to coordinates then east to point of beginning at coordi- 40.7691, ¥72.4121; then heading southeast 250′ nates 42.4230, ¥77.7121; along Bayliss Rd. to coordinates 40.7689, (C) The area known as ‘‘Arkport Muck ¥72.4113; then heading 2734′ north to coordi- South’’ located in the town of Dansville nates 40.7764, ¥72.4114; then heading east bounded as follows: Beginning at a point 1820′ to coordinates 40.7767, ¥72.4049; then along the west side of New York Route 36 heading north 233′ along Pinelawn Rd. to co- marked by latitude/longitude coordinates ordinates 40.7773, ¥72.4048; then heading west 42.4034, ¥77.6986; then north along the west 4267′ to the starting point at coordinates side of New York Route 36 to coordinates 40.7767, ¥72.4202; 42.4145, ¥77.6999; then west along a farm road (C) That portion of land in the town of to coordinates 42.4145, ¥77.7029; then north Huntington and the hamlet of Melville along a farm road to coordinates 42.4160, bounded as follows: Beginning at a point ¥77.7036; then west along a farm road to co- marked by latitude-longitude coordinates ordinates 42.4162, ¥77.7083; then north along 40.7954, ¥72.4080; then proceeding south 1645′ the west bank of the Marsh Ditch to coordi- along the west boundary of White Post nates 42.4186, ¥77.7097; then west along a Farms to coordinates 40.7909, ¥72.4073; then farm road to coordinates 42.4181, ¥77.7121; proceeding east 1110′ along the south bound- then north along a farm road to coordinates ary of White Post Farms and a housing de- 42.4214, ¥77.7140; then west along a farm road velopment to coordinates 40.7910, ¥72.4033; to coordinates 42.4211, ¥77.7198; then south then heading north 2033′ parallel to Bedell along the east side of the Conrail right-of- Place to coordinates 40.7965, ¥72.4041; then way (Erie Lackawanna Railroad) to coordi- heading southwest 1170′ along Old Country

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Road to the starting point at coordinates wood line to coordinates 40.8607, ¥72.8256; 40.7954, ¥72.4080; then heading 92′ southwest along the wood (D) That portion of land in the town of line to coordinates 40.8605, ¥72.8257; then Huntington and the hamlet of Dix Hills heading 47′ south along the wood line to co- bounded as follows: Beginning at a point ordinates 40.8603, ¥72.8257; then heading marked by latitude-longitude coordinates southeast 194′ along the wood line to coordi- 40.7904, ¥72.3410; then proceeding southeast nates 40.8599, ¥72.8261; continuing 87′ south- 306′ along Deer Park Road to coordinates west along the wood line to coordinates 40.7896, ¥72.3407; continuing southeast 272′ 40.8597, ¥72.8262; continuing 200′ southwest along Deer Park Road to coordinates 40.7888, along the wood line to coordinates 40.8592, ¥72.3404; continuing southeast 530′ along ¥72.8265; then heading southeast 112′ along Deer Park Road to coordinates 40.7874, the wood line to coordinates 40.8589, ¥72.8264; ¥72.3399; then proceeding northeast 1002′ then heading east 232′ along the wood line to along the south boundary of the DeLalio Sod coordinates 40.8589, ¥72.8256; then heading Company to coordinates 40.7883, ¥72.3364; south 828′ along the wood line to coordinates then proceeding northwest 541′ along the east 40.8566, ¥72.8253; then heading east 246′ along boundary of the DeLalio Sod Company and the northern boundary of a horse farm to co- the Garden Depot to coordinates 40.7897, ordinates 40.8567, ¥72.8244; then heading ¥72.3371; continuing northwest 554′ along the south 940′ along the boundary of a horse farm east boundary of field 15–C–21 to coordinates to the starting point at coordinates 40.8542, 40.7911, ¥72.3377; then proceeding southwest ¥72.8240. 952′ along the north boundary of field 15–C–21 Wayne County. The town of Savannah. to the starting point at coordinates 40.7904, (2) Suppressive area: None. ¥72.3410; and (E) That portion of land in the town of [51 FR 30050, Aug. 22, 1986, as amended at 69 Brookhaven and the hamlet of Manorville FR 249, Jan. 5, 2004; 69 FR 64640, Nov. 8, 2004; bounded as follows: Beginning at a point 76 FR 60358, Sept. 29, 2011; 78 FR 1714, Jan. 9, marked by latitude-longitude coordinates 2013; 78 FR 3827, Jan. 17, 2013; 80 FR 59553, 40.8542, ¥72.8240; then proceeding northeast Oct. 2, 2015] 442′ along South Street to coordinates 1 40.8545, ¥72.8225; continuing northeast 1086′ § 301.85–2b Exempted articles. along South Street to coordinates 40.8550, (a) The following articles are exempt ¥72.8186; then proceeding east 413′ to coordi- from the certification and permit re- ¥ nates 40.8551, 72.8171 at the intersection of quirements of this subpart if they meet South Street and Wading River Rd.; then proceeding northwest 714′ along Wading the applicable conditions prescribed in River Road to coordinates 40.8568, ¥72.8183; paragraphs (a) (1) through (4) of this then continuing northwest 695′ along Wading section and have not been exposed to River Road to coordinates 40.8586, ¥72.8194; infestation after cleaning or other han- continuing northwest 497′ along Wading dling as prescribed in said paragraphs: River Road to coordinates 40.8598, ¥72.8202; (1) Small grains, if harvested in bulk ′ continuing northwest 221 along Wading or directly into approved containers, River Road to coordinates 40.8603, ¥72.8205; continuing northwest 203′ along Wading and if the small grains and containers River Road to coordinates 40.8608, ¥72.8209; thereof have not come into contact continuing 194′ along Wading River Road to with the soil; or, if they have been coordinates 40.8613, ¥72.8212; continuing 212′ cleaned to meet State seed sales re- along Wading River Road to coordinates quirements. 40.8618, ¥72.8215; proceeding northwest 30′ to (2) Soybeans (other than for seed), if coordinates 40.8618, ¥72.8216; then heading 45′ harvested in bulk or directly into ap- ¥ west to coordinates 40.8618, 72.8218; then proved containers, and if the soybeans heading 183′ southwest along the south ramp of the Long Island Expressway to coordi- and containers thereof have not come nates 40.8617, ¥72.8224; then heading west 179′ into contact with the soil. parallel with the south ramp of the Long Is- (3) Unshucked ear corn, if harvested land Expressway to coordinates 40.8617, in bulk or directly into approved con- ¥72.8231; then continuing west 182′ to coordi- tainers, and if the corn and containers nates 40.8617, ¥72.8237; continuing west 299′ thereof have not come into contact parallel with the south ramp of the Long Is- with the soil. land Expressway to coordinates 40.8618, (4) Used farm tools, if cleaned free of ¥72.8248; then proceeding 201′ southeast to coordinates 40.8617, ¥72.8255; continuing soil. southwest 88′ to coordinates 40.8615, ¥72.8257; then south 83′ along a wood line to coordi- 1 The articles hereby exempted remain sub- nates 40.8613, ¥72.8257; continuing south 116′ ject to applicable restrictions under other along a wood line to coordinates 40.8610, quarantines and other provisions of this sub- ¥72.8257; continuing southeast 96′ along a part.

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(b) The following articles are exempt (iv) Between contiguous suppressive from the certification and permit re- areas when it is determined by an in- quirements of this subpart if they meet spector that the regulated articles the applicable conditions prescribed in present a hazard of the spread of the paragraphs (b) (1) through (3) of this golden nematode and the person in pos- section and have not been exposed to session thereof has been so notified; or infestation after cleaning or other han- (v) Through or reshipped from any dling as prescribed in said paragraphs: regulated area when such movement is Provided, That this exemption shall not not authorized under paragraph apply to any class of regulated articles (a)(2)(v) of this section; or specified by an inspector in a written (2) From any regulated area, without notification to the owner or person in certificate or permit if moved: possession of the premises that the (i) Under the provisions of § 301.85–2b movement of such articles from such which exempts certain articles from premises under this exemption would certificate and permit requirements; or involve a hazard of spread of the golden (ii) From a generally infested area to nematode: a contiguous generally infested area; or (1) Root crops (other than Irish pota- (iii) From a suppressive area to a toes and sugar beets), if moved in ap- contiguous generally infested area; or proved containers. (iv) Between contiguous suppressive (2) Hay, straw, fodder, and plant lit- areas unless the person in possession of ter, if moved in approved containers. the articles has been notified by an inspector that a hazard of spread of the (c) Containers of the following types golden nematode exists; or are approved for the purposes of this (v) Through or reshipped from any section: regulated area if the articles origi- (1) New paper bags; and consumer nated outside of any regulated area and packages of any material except cloth if the point of origin of the articles is or burlap. clearly indicated, their identity has (2) Crates, pallet boxes, trucks, and been maintained, and they have been boxcars, if free of soil. safeguarded against infestation while [35 FR 4692, Mar. 18, 1970, as amended at 47 in the regulated area in a manner sat- FR 12331, Mar. 23, 1982; 67 FR 8465, Feb. 25, isfactory to the inspector; or 2002] (3) From any area outside the regulated areas, if moved: § 301.85–3 Conditions governing the (i) With a certificate or permit at- interstate movement of regulated tached; or articles from quarantined States. 2 (ii) Without a certificate or permit, (a) Any regulated articles except soil if: samples for processing, testing, or (a) The regulated articles are exempt analysis may be moved interstate from from certification and permit require- any quarantined State under the fol- ments under the provisions of § 301.85– lowing conditions: 2b; or (1) With certificate or permit issued (b) The point of origin of such move- and attached in accordance with ment is clearly indicated on the arti- §§ 301.85–4 and 301.85–7 if moved: cles or shipping document which ac- (i) From any generally infested area companies the articles and if the move- or any suppressive area into or through ment is not made through any regulated area. any point outside of the regulated (b) Unless specifically authorized by areas; or the Deputy Administrator in emer- (ii) From any generally infested area gency situations, soil samples for proc- into or through any suppressive area; essing, testing or analysis may be or moved interstate from any regulated (iii) Between any noncontiguous sup- area only to laboratories approved 3 by pressive areas; or 3 Pamphlets containing provisions for lab- 2 Requirements under all other applicable oratory approval may be obtained from the Federal domestic plant quarantines must Deputy Administrator, Plant Protection and also be met. Continued

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the Deputy Administrator and so listed case he determines that such move- by him in a supplemental regulation. 4 ment will not result in the spread of A certificate or permit is not required the golden nematode and requirements to be attached to such soil samples ex- of other applicable Federal domestic cept in those situations where the Dep- plant quarantines have been met. uty Administrator has authorized such (c) Restricted destination permits movement only with a certificate or may be issued by an inspector to allow permit issued and attached in accord- the interstate movement (for other ance with §§ 301.85–4 and 301.85–7. A cer- than scientific purposes) of regulated tificate or permit is not required to be articles (except soil samples for proc- attached to soil samples originating in essing, testing, or analysis) to any des- areas outside of the regulated areas if tination permitted under all applicable the point of origin of such movement is Federal domestic plant quarantines if clearly indicated on the articles or such articles are not eligible for cer- shipping document which accompanies tification under all such quarantines the articles and if the movement is not but would otherwise qualify for certifi- made through any regulated area. cation under this subpart. (d) Scientific permits to allow the [37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002] interstate movement of regulated articles and certificates or permits to § 301.85–4 Issuance and cancellation of allow the movement of soil samples for certificates and permits. processing, testing, or analysis in (a) Certificates may be issued for any emergency situations may be issued by regulated articles (except soil samples the Deputy Administrator under such for processing, testing, or analysis) by conditions as may be prescribed in each an inspector if the inspector deter- specific case by the Deputy Adminis- mines that they are eligible for certifi- trator to prevent the spread of the cation for movement to any destina- golden nematode. tion under all Federal domestic plant (e) Certificate, limited permit, and quarantines applicable to such articles restricted destination permit forms and: may be issued by an inspector to any (1) Have originated in noninfested person for use for subsequent ship- premises in a regulated area and have ments of regulated articles (except for not been exposed to infestation while soil samples for processing, testing, or within the regulated areas; or analysis) provided such person is oper- (2) Have been treated to destroy in- ating under a compliance agreement; festation in accordance with part 305 of and any such person may be authorized this chapter; or by an inspector to reproduce such (3) Have been grown, produced, manu- forms on shipping containers or other- factured, stored, or handled in such a wise. Any such person may execute and manner that no infestation would be issue the certificate forms, or repro- transmitted thereby. ductions of such forms, for the inter- (b) Limited permits may be issued by state movement of regulated articles an inspector to allow interstate move- from the premises of such person iden- ment of regulated articles (except soil tified in the compliance agreement if samples for processing, testing or anal- such person has treated such regulated ysis) not eligible for certification articles to destroy infestation in ac- under this subpart, to specified des- cordance with part 305 of this chapter, tinations for limited handling, utiliza- and if such regulated articles are eligi- tion, or processing, or for treatment in ble for certification for movement to accordance with part 305 of this chap- any destination under all Federal do- ter, when, upon evaluation of the cir- mestic plant quarantines applicable to cumstances involved in each specific such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, Quarantine Programs, APHIS, U.S. Depart- ment of Agriculture, Washington, DC 20250. for interstate movement of regulated 4 For list of approved laboratories, see PP articles to specified destinations when 639 (37 FR 7813, 15525, and amendments there- the inspector has made the determina- of). tions specified in paragraph (b) of this

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section. Any such person may execute failed to comply with the conditions of and issue the restricted destination the agreement. permit forms, or reproductions of such [37 FR 24330, Nov. 16, 1972, as amended at 47 forms, for the interstate movement of FR 12332, Mar. 23, 1982; 70 FR 33268, June 7, regulated articles not eligible for cer- 2005] tification under all Federal domestic plant quarantines applicable to such § 301.85–6 Assembly and inspection of articles, under the conditions specified regulated articles. in paragraph (c) of this section. Persons (other than those authorized (f) Any certificate or permit which to use certificates, limited permits, or has been issued or authorized may be restricted destination permits, or re- withdrawn by the inspector or the Dep- productions thereof, under § 301.85–4(e)) uty Administrator if he or she deter- who desire to move interstate regu- mines that the holder thereof has not lated articles which must be accom- complied with any condition for the panied by a certificate or permit shall, use of such document imposed by this as far in advance as possible, request subpart. Prior to such withdrawal, the an inspector to examine the articles holder of the certificate of permit shall prior to movement. Such articles shall be notified of the proposed action and the reason therefor and afforded rea- be assembled at such points and in sonable opportunity to present his or such manner as the inspector des- her views thereon. ignates to facilitate inspection. [37 FR 24330, Nov. 16, 1972, as amended at 70 § 301.85–7 Attachment and disposition FR 33268, June 7, 2005] of certificates and permits. (a) If a certificate or permit is re- § 301.85–5 Compliance agreement and cancellation thereof. quired for the interstate movement of regulated articles, the certificate or (a) Any person engaged in the busi- permit shall be securely attached to ness of growing, handling, or moving the outside of the container in which regulated articles may enter into a such articles are moved, except that, compliance agreement to facilitate the where the certificate or permit is at- movement of such articles under this tached to the waybill or other shipping subpart. Compliance agreement forms document, and the regulated articles may be obtained from the Deputy Ad- are adequately described on the certifi- ministrator or an inspector. cate, permit, or shipping document, the (b) Any person engaged in the busi- attachment of the certificate or permit ness of removing soil from Irish pota- to each container of the articles is not toes by the process of grading, wash- required. ing, or fluming may enter into a com- (b) In all cases, certificates or per- pliance agreement concerning such op- mits shall be furnished by the carrier erations. The compliance agreement to the consignee at the destination of shall be a written agreement between the shipment. the person conducting such operations and Plant Protection and Quarantine § 301.85–8 Inspection and disposal of wherein such person agrees to conduct regulated articles and pests. such operations in a manner which, in the judgment of the inspector super- Any properly identified inspector is vising enforcement of the quarantine authorized to stop and inspect, and to and regulations, will substantially re- seize, destroy, or otherwise dispose of, move the soil from the potatoes. or require disposal of regulated articles and golden nematodes as provided in (c) Any compliance agreement may be canceled by the inspector who is su- sections 414, 421, and 434 of the Plant pervising its enforcement whenever the Protection Act (7 U.S.C. 7714, 7731, and inspector finds, after notice and rea- 7754) in accordance with instructions sonable opportunity to present views issued by the Deputy Administrator. has been accorded to the other party [37 FR 24330, Nov. 16, 1972, as amended at 66 thereto, that such other party has FR 21052, Apr. 27, 2001]

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§ 301.85–9 Movement of live golden specified regulated article is free of nematodes. pale cyst nematode and may be moved Regulations requiring a permit for interstate to any destination. and otherwise governing the movement Compliance agreement. A written of live golden nematodes in interstate agreement between APHIS and a per- or foreign commerce are contained in son engaged in growing, handling, or the Federal Plant Pest Regulations in moving regulated articles, wherein the part 330 of this chapter. Applications person agrees to comply with this sub- for permits for the movement of the part. pest may be made to the Deputy Ad- Departmental permit. A document ministrator. issued by the Administrator in which he or she affirms that interstate move- § 301.85–10 Nonliability of the Depart- ment of the regulated article identified ment. on the document is for scientific or ex- The U.S. Department of Agriculture perimental purposes and that the regu- disclaims liability for any costs inci- lated article is eligible for interstate dent to inspections or compliance with movement in accordance with § 301.86–4. the provisions of the quarantine and Field. A defined production site that regulations in this subpart, other than is managed separately from sur- for the services of the inspector. rounding areas for phytosanitary purposes. Subpart S—Pale Cyst Nematode Infestation (infested). The presence of the pale cyst nematode or the exist- SOURCE: 72 FR 51984, Sept. 12, 2007, unless ence of circumstances that makes it otherwise noted. Redesignated at 84 FR 2428, reasonable to believe that the pale cyst Feb. 7, 2019. nematode is present. Infested field. A field that has been § 301.86 Restrictions on interstate found to be infested with pale cyst movement of regulated articles. nematode in accordance with § 301.86– No person may move interstate from 3(c)(1). any quarantined area any regulated ar- Inspector. Any employee of APHIS or ticle except in accordance with this other person authorized by the Admin- subpart. 1 istrator to perform the duties required under this subpart. § 301.86–1 Definitions. Interstate. From any State into or Administrator. The Administrator, through any other State. Animal and Plant Health Inspection Limited permit. A document in which Service, or any person authorized to an inspector or person operating under act for the Administrator. a compliance agreement affirms that Animal and Plant Health Inspection the regulated article identified on the Service. The Animal and Plant Health document is eligible for interstate Inspection Service (APHIS) of the movement in accordance with § 301.86– United States Department of Agri- 5(b) only to a specified destination and culture. only in accordance with specified con- Associated field. A field that has been ditions. found to be at risk for infestation with Moved (move, movement). Shipped, of- pale cyst nematode in accordance with fered for shipment, received for trans- § 301.86–3(c)(2). portation, transported, carried, or al- Certificate. A document in which an lowed to be moved, shipped, trans- inspector or person operating under a ported, or carried. compliance agreement affirms that a Nursery stock. Living plants and plant parts intended to be planted, to remain 1 Any properly identified inspector is au- planted, or to be replanted. thorized to stop and inspect persons and Pale cyst nematode. The pale cyst means of conveyance and to seize, quarantine, treat, apply other remedial measures nematode (Globodera pallida), in any to, destroy, or otherwise dispose of regulated stage of development. articles as provided in section 414 of the Person. Any association, company, Plant Protection Act (7 U.S.C. 7714). corporation, firm, individual, joint

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stock company, partnership, society, means of conveyance that it is subject or other entity. to the restrictions of this subpart. Plant Protection and Quarantine. The [72 FR 51984, Sept. 12, 2007, as amended at 74 Plant Protection and Quarantine pro- FR 19381, Apr. 29, 2009] gram of the Animal and Plant Health Inspection Service, United States De- § 301.86–3 Quarantined areas. partment of Agriculture. Quarantined area. Any State or por- (a) Designation of quarantined areas. tion of a State designated as a quar- In accordance with the criteria listed antined area in accordance with the in paragraph (c) of this section, the Ad- provisions in § 301.86–3. ministrator will designate as a quarantined area each field that has been Regulated article. Any article listed in found to be infested with pale cyst § 301.86–2 or otherwise designated as a nematode, each field that has been regulated article in accordance with found to be associated with an infested § 301.86–2(i). field, and any area that the Adminis- State. The District of Columbia, Puer- trator considers necessary to quar- to Rico, the Northern Mariana Islands, antine because of its inseparability for or any State, territory, or possession of quarantine enforcement purposes from the United States. infested or associated fields. The Ad- [72 FR 51984, Sept. 12, 2007, as amended at 74 ministrator will publish the descrip- FR 19381, Apr. 29, 2009] tion of the quarantined area on the Plant Protection and Quarantine Web § 301.86–2 Regulated articles. site, http://www.aphis.usda.gov/ The following are regulated articles: plantlhealth/plantlpestlinfo/potato/ (a) Pale cyst nematodes. 2 pcn.shtml. The description of the quar- (b) The following pale cyst nematode antined area will include the date the host crops: description was last updated and a description of the changes that have been Eggplant (Solanum melongena L.) made to the quarantined area. The de- Pepper (Capsicum spp.) scription of the quarantined area may Potato (Solanum tuberosum L.) also be obtained by request from any Tomatillo (Physalis philadelphica) local office of PPQ; local offices are Tomato (Lycopersicon esculentum L.) listed in telephone directories. After a (c) Root crops. change is made to the quarantined (d) Garden and dry beans (Phaseolus area, we will publish a notice in the spp.) and peas (Pisum spp.). FEDERAL REGISTER informing the pub- (e) All nursery stock. lic that the change has occurred and (f) Soil, compost, humus, muck, peat, describing the change to the quar- and manure, and products on or in antined area. which soil is commonly found, includ- (b) Designation of an area less than an ing grass sod and plant litter. entire State as a quarantined area. Less (g) Hay, straw, and fodder. than an entire State will be designated (h) Any equipment or conveyance as a quarantined area only if the Ad- used in an infested or associated field ministrator determines that: that can carry soil if moved out of the (1) The State has adopted and is enfield. forcing restrictions on the intrastate (i) Any other product, article, or movement of the regulated articles means of conveyance not listed in para- that are equivalent to those imposed graphs (a) through (h) of this section by this subpart on the interstate move- that an inspector determines presents ment of regulated articles; and a risk of spreading the pale cyst nema- (2) The designation of less than the tode, after the inspector provides writ- entire State as a quarantined area will ten notification to the person in pos- prevent the interstate spread of the session of the product, article, or pale cyst nematode. (c) Criteria for designation of fields as 2 Permit and other requirements for the infested fields and associated fields. (1) interstate movement of pale cyst nematodes Infested fields. The Administrator will are contained in part 330 of this chapter. designate a field as an infested field

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when a pale cyst nematode is found in § 301.86–3 Quarantined areas. the field. (2) Associated fields. The Adminis- * * * * * trator will designate a field as an asso- (c) * * * ciated field when pale cyst nematode (1) Infested fields. A field will be designated host crops, as listed in § 301.86–2(b), as an infested field for pale cyst nematode have been grown in the field in the last upon a determination that viable pale cyst 10 years and nematode is present in the field. The deter- (i) The field shares a border with an mination will be made in accordance with infested field; or the criteria established by the Administrator (ii) The field came into contact with for the designation of infested fields. The cri- a regulated article listed in § 301.86–2 teria are presented in a protocol document that may be viewed at https:// from an infested field within the last 10 www.aphis.usda.gov/planthealth/pcn. The pro- years; or tocol may also be obtained by request from (iii) Within the last 10 years, the field any local office of Plant Protection and shared ownership, tenancy, seed, drain- Quarantine; local offices are listed in tele- age or runoff, farm machinery, or other phone directories. Any substantive changes elements of shared cultural practices we propose to make to the protocol will be with an infested field that could allow published for comment in the FEDERAL REG- spread of the pale cyst nematode, as ISTER. After we review the comments received, we will publish another notice in the determined by the Administrator. FEDERAL REGISTER informing the public of (d) Removal of fields from quarantine— any changes to the protocol. (1) Infested fields. An infested field will be removed from quarantine when a * * * * * protocol approved by the Adminis- trator as sufficient to support removal (d) Removal of fields from quarantine. (1) In- of infested fields from quarantine has fested fields. An infested field will be removed been completed and the field has been from quarantine for pale cyst nematode upon a determination that no viable pale cyst found to be free of pale cyst nematode. nematode is detected in the field. The deter- (2) Associated fields. An associated mination will be made in accordance with field will be removed from quarantine criteria established by the Administrator when the field has been found to be free and sufficient to support removal of infested of pale cyst nematode according to a fields from quarantine. The criteria are pre- protocol approved by the Adminis- sented in a protocol document as provided in trator as sufficient to support removal paragraph (d)(4) of this section along with in- of associated fields from quarantine. formation for viewing the protocol. (2) Associated fields. An associated field will (3) Removal of other areas from quar- be removed from quarantine for pale cyst antine. If the Administrator has quar- nematode once surveys are completed and antined any area other than infested or pale cyst nematode is not detected in the associated fields because of its insepa- field. The determination will be made in ac- rability for quarantine enforcement cordance with criteria established by the Ad- purposes from infested or associated ministrator and sufficient to support re- fields, as provided in paragraph (a) of moval of associated fields from quarantine. this section, that area will be removed The criteria are presented in a protocol document as provided in paragraph (d)(4) of this from quarantine when the relevant in- section along with information for viewing fested or associated fields are removed the protocol. from quarantine. (3) Removal of other areas from quarantine. If the Administrator has quarantined any area [72 FR 51984, Sept. 12, 2007, as amended at 74 other than infested or associated fields be- FR 19381, Apr. 29, 2009] cause of its inseparability for quarantine en- EFFECTIVE DATE NOTE: At 85 FR 85503, Dec. forcement purposes from infested or associ- 29, 2020, § 301.86–3 was amended in paragraph ated fields, as provided in paragraph (a) of (a), by removing ‘‘http://www.aphis.usda.gov/ this section, that area will be removed from plantlhealth/plantlpestlinfo/potato/ quarantine when the relevant infested or as- pcn.shtml’’ and adding ‘‘https:// sociated fields are removed from quarantine. www.aphis.usda.gov/planthealth/pcn’’ in its (4) Protocol for removal of fields from quar- place; and by revising paragraphs (c)(1) and antine. The Administrator will remove in- (d), effective Jan. 28, 2021. For the conven- fested and associated fields, and other areas ience of the user, the revised text is set forth as provided in this section, from quarantine as follows: for pale cyst nematode in accordance with

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the protocols published on the Plant Protec- quarantined, treated, subjected to tion and Quarantine website at https:// other remedial measures, destroyed, or www.aphis.usda.gov/planthealth/pcn. The pro- otherwise disposed of. tocols may also be obtained by request from any local office of Plant Protection and § 301.86–5 Issuance and cancellation of Quarantine; local offices are listed in tele- certificates and limited permits. phone directories. Any substantive changes we propose to make to the protocolswill be (a) Certificates. An inspector 3 or per- published for comment in the FEDERAL REG- son operating under a compliance ISTER. After we review the comments re- agreement may issue a certificate for ceived, we will publish another notice in the the interstate movement of a regulated FEDERAL REGISTER informing the public of article if the inspector determines that any changes to the protocols. the regulated article satisfies the gen- § 301.86–4 Conditions governing the eral requirements for a certificate in interstate movement of regulated paragraph (a)(1) of this section and any articles from quarantined areas. requirements that may apply to the (a) Any regulated article may be regulated article under paragraphs moved interstate from a quarantined (a)(2) through (a)(7) of this section. area only if moved under the following (1) Certification requirements for all conditions: regulated articles. The regulated article (1) With a certificate or limited per- must be moved in compliance with any mit issued and attached in accordance additional emergency conditions the with §§ 301.86–5 and 301.86–8; Administrator may impose under sec- (2) Without a certificate or limited tion 414 of the Plant Protection Act (7 permit if: U.S.C. 7714) 4 to prevent the spread of (i) The regulated article is moved by the pale cyst nematode. In addition, the United States Department of Agri- the regulated article must be eligible culture for experimental or scientific for unrestricted movement under all purposes; or other Federal domestic plant quar- (ii) The regulated article originates antines and regulations applicable to outside the quarantined area and is the regulated article. moved interstate through the quar- (2) Certification requirements for nurs- antined area under the following condi- ery stock—(i) Potatoes. Potatoes in- tions: tended for use as nursery stock (i.e., (A) The points of origin and destina- seed potatoes) are prohibited from tion are indicated on a waybill accom- being moved interstate from the quar- panying the regulated article; and antined area. (B) The regulated article is moved (ii) Nursery stock of other host crops. through the quarantined area without An inspector may issue a certificate for stopping (except for refueling and for the interstate movement of nursery traffic conditions such as traffic lights stock of pale cyst nematode host crops and stop signs); and (C) The regulated article is not un- 3 Inspectors are assigned to local offices of packed or unloaded in the quarantined APHIS, which are listed in local telephone area; and directories. Information concerning such (D) The article has not been com- local offices may also be obtained from the bined or commingled with other arti- Animal and Plant Health Inspection Service, cles so as to lose its individual iden- Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road tity. Unit 134, Riverdale, Maryland 20737–1236. (b) When an inspector has probable 4 Section 414 of the Plant Protection Act (7 cause to believe a person or means of U.S.C. 7714) provides that the Secretary of conveyance is moving a regulated arti- Agriculture may, under certain conditions, cle interstate, the inspector is author- hold, seize, quarantine, treat, apply other re- ized to stop the person or means of con- medial measures to destroy or otherwise dis- veyance to determine whether a regu- pose of any plant, plant pest, plant product, lated article is present and to inspect article, or means of conveyance that is moving, or has moved into or through the United the regulated article. Articles found to States or interstate if the Secretary has rea- be infested by an inspector, and arti- son to believe the article is a plant pest or is cles not in compliance with the regula- infested with a plant pest at the time of tions in this subpart, may be seized, movement.

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other than potatoes, as listed in (4) Certification requirements for soil § 301.86–2(b), if the nursery stock was and associated products. An inspector grown in a field that meets the fol- may issue a certificate for the inter- lowing requirements: state movement of a regulated article (A) The field has been surveyed by an listed in § 301.86–2(e) only if the article inspector for pale cyst nematode at originated in a field that meets the fol- least once in the last 3 years; lowing requirements: (B) The pale cyst nematode has not (i) The field has been surveyed by an been found in the field; and inspector for pale cyst nematode at (C) No more than one pale cyst nema- least once in the last 3 years; tode host crop, as listed in § 301.86–2(b), (ii) The pale cyst nematode has not has been grown in the last 3 years. been found in the field; and (iii) Nursery stock of non-host crops— (iii) No more than one pale cyst nem- (A) With soil. An inspector may issue a atode host crop, as listed in § 301.86– certificate for the interstate movement 2(b), has been grown in the last 3 years. of nursery stock of non-host crops (5) Certification requirements for hay, moved with soil if the nursery stock straw, and fodder. An inspector may was grown in a field that meets the fol- issue a certificate for the movement of lowing requirements: hay, straw, or fodder from the quarantined area only if: (1) The field has been surveyed by an (i) The field where the hay, straw, or inspector for pale cyst nematode at fodder was produced meets the fol- least once in the last 3 years; lowing requirements: (2) The pale cyst nematode has not (A) The field has been surveyed by an been found in the field; and inspector for pale cyst nematode at (3) No more than one pale cyst nema- least once in the last 3 years; tode host crop, as listed in § 301.86–2(b), (B) The pale cyst nematode has not has been grown in the field in the last been found in the field; and 3 years. (C) No more than one pale cyst nema- (B) Without soil (bare-rooted). An in- tode host crop, as listed in § 301.86–2(b), spector may issue a certificate for the has been grown in the field in the last interstate movement of nursery stock 3 years; or of non-host crops moved without soil if (ii) The hay, straw, or fodder is pro- the inspector finds the nursery stock duced according to procedures judged to be free of soil on its roots and on all by an inspector to be sufficient to iso- other parts of the plant. late it from soil throughout its produc- (3) Certification requirements for pota- tion. toes for consumption, root crops for con- (6) Certification requirements for equip- sumption, garden or dry beans, and peas. ment used in infested or associated fields. An inspector may issue a certificate for An inspector may issue a certificate for the movement of potatoes intended for the interstate movement of equipment consumption, root crops intended for that has been used in an infested or as- consumption, garden or dry beans, or sociated field and that can carry soil if peas from the quarantined area only if moved out of the field only after the the field in which the potatoes, root equipment has been pressure-washed crops, garden or dry beans, or peas under the supervision of an inspector were grown meets the following re- to remove all soil or steam-treated in quirements: accordance with part 305 of this chap- (i) The field has been surveyed by an ter. inspector for pale cyst nematode at (b) Limited permits—(1) General condi- least once in the last 3 years and prior tions. An inspector 5 may issue a lim- to the planting of the potatoes or root ited permit for the interstate move- crops; ment of a regulated article if the in- (ii) Pale cyst nematode has not been spector determines that: found in the field; and (i) The regulated article is to be (iii) No more than one pale cyst nem- moved interstate to a specified destina- atode host crop, as listed in § 301.86– tion for specified handling, processing, 2(b), has been grown in the field in the last 3 years. 5 See footnote 3 to § 301.86–5(a).

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or utilization (the destination and an inspector if he or she determines other conditions to be listed in the lim- that the holder of the certificate or ited permit), and this interstate move- limited permit has not complied with ment will not result in the spread of all provisions in this subpart for the the pale cyst nematode because life use of the certificate or limited permit stages of the pale cyst nematode will or has not complied with all the condi- be destroyed by the specified handling, tions contained in the certificate or processing, or utilization; limited permit. If the withdrawal is (ii) The regulated article is to be oral, the withdrawal and the reasons moved in compliance with any addi- for the withdrawal will be confirmed in tional emergency conditions the Ad- writing as promptly as circumstances ministrator may impose under section allow. Any person whose certificate or 414 of the Plant Protection Act (7 limited permit has been withdrawn U.S.C. 7714) to prevent the spread of may appeal the decision in writing to the pale cyst nematode; and the Administrator within 10 days after (iii) The regulated article is eligible receiving the written notification of for interstate movement under all the withdrawal. The appeal must state other Federal domestic plant quar- all of the facts and reasons upon which antines and regulations applicable to the person relies to show that the cer- the regulated article. tificate or limited permit was wrong- (2) Specific conditions for potatoes for fully withdrawn. As promptly as cir- consumption. An inspector may issue a cumstances allow, the Administrator limited permit to allow the interstate will grant or deny the appeal, in writ- movement of potatoes from the quar- ing, stating the reasons for the deci- antined area for processing or packing sion. A hearing will be held to resolve only if: any conflict as to any material fact. (i) The potatoes are transported in a Rules of practice concerning a hearing manner that prevents the potatoes and will be adopted by the Administrator. soil attached to the potatoes from com- (Approved by the Office of Management and ing into contact with agricultural Budget under control number 0579–0322) premises outside the quarantined area; [72 FR 51984, Sept. 12, 2007, as amended at 74 and FR 19381, Apr. 29, 2009] (ii) The potatoes are processed or packed at facilities that handle pota- § 301.86–6 Compliance agreements and toes, waste, and waste water in a man- cancellation. ner approved by APHIS to prevent the (a) Any person engaged in growing, spread of pale cyst nematode. handling, or moving regulated articles (c) Certificates and limited permits may enter into a compliance agree- for the interstate movement of regu- ment when an inspector determines lated articles may be issued by an in- that the person is aware of this sub- spector or person operating under a part, agrees to comply with its provi- compliance agreement. A person oper- sions, and agrees to comply with all ating under a compliance agreement the provisions contained in the compli- may issue a certificate for the inter- ance agreement. 6 state movement of a regulated article (b) Any compliance agreement may after an inspector has determined that be canceled, either orally or in writing, the regulated article is eligible for a by an inspector whenever the inspector certificate in accordance with para- finds that the person who has entered graph (a) of this section. A person oper- into the compliance agreement has ating under a compliance agreement failed to comply with any of the provi- may issue a limited permit for inter- sions of this subpart. If the cancella- state movement of a regulated article tion is oral, the cancellation and the after an inspector has determined that reasons for the cancellation will be the regulated article is eligible for a confirmed in writing as promptly as limited permit in accordance with paragraph (b) of this section. 6 Compliance agreement forms are avail- (d) Any certificate or limited permit able without charge from local Plant Protec- that has been issued may be with- tion and Quarantine offices, which are listed drawn, either orally or in writing, by in telephone directories.

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circumstances allow. Any person whose carrier or the carrier’s representative compliance agreement has been can- to the consignee listed on the certifi- celed may appeal the decision, in writ- cate or limited permit upon arrival at ing, to the Administrator, within 10 the location provided on the certificate days after receiving written notifica- or limited permit. tion of the cancellation. The appeal (Approved by the Office of Management and must state all of the facts and reasons Budget under control number 0579–0322) upon which the person relies to show that the compliance agreement was § 301.86–9 Costs and charges. wrongfully canceled. As promptly as The services of the inspector during circumstances allow, the Adminis- normal business hours (8 a.m. to 4:30 trator will grant or deny the appeal, in p.m., Monday through Friday, except writing, stating the reasons for the de- holidays) will be furnished without cision. A hearing will be held to resolve cost. APHIS will not be responsible for any conflict as to any material fact. any costs or charges incident to inspec- Rules of practice concerning a hearing tions or compliance with the provisions will be adopted by the Administrator. of the quarantine and regulations in this subpart, other than for the serv- § 301.86–7 Assembly and inspection of regulated articles. ices of the inspector. (a) Any person (other than a person authorized to issue certificates or lim- Subpart T—Sugarcane Diseases ited permits under § 301.86–5(c)) who desires a certificate or limited permit to SOURCE: 48 FR 50059, Oct. 31, 1983, unless move a regulated article interstate otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. must notify an inspector 7 as far in advance of the desired interstate move- QUARANTINE AND REGULATIONS ment as possible, but no less than 48 hours before the desired interstate § 301.87 Quarantine; restrictions on movement. interstate movement of specified ar- (b) The regulated article must be as- ticles. 12 sembled at the place and in the manner (a) Notice of quarantine. Under the au- the inspector designates as necessary thority of sections 411, 412, 414, and 434 to comply with this subpart. of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the Secretary § 301.86–8 Attachment and disposition of Agriculture quarantines Hawaii to of certificates and limited permits. prevent the artificial spread of leaf (a) A certificate or limited permit re- scald disease and quarantines Puerto quired for the interstate movement of Rico to prevent the artificial spread of a regulated article must, at all times gummosis disease and leaf scald dis- during the interstate movement, be: ease. The regulations in this subpart (1) Attached to the outside of the govern the interstate movement from container containing the regulated ar- Hawaii and Puerto Rico of the regu- ticle; or lated articles described in § 301.87–2. (2) Attached to the regulated article (b) Quarantine restrictions on interstate itself if not in a container; or movement of regulated articles. No com- (3) Attached to the consignee’s copy mon carrier or other person shall move of the accompanying waybill. If the certificate or limited permit is at- 1 Any inspector is authorized to stop and tached to the consignee’s copy of the inspect persons and means of conveyance, waybill, the regulated article must be and to hold, seize, quarantine, treat, apply sufficiently described on the certificate other remedial measures to, destroy, or oth- or limited permit and on the waybill to erwise dispose of plants, plant pests, or other identify the regulated article. articles in accordance with sections 414, 421, (b) The certificate or limited permit and 434 of the Plant Protection Act (7 U.S.C. for the interstate movement of a regu- 7714, 7731, and 7754). 2 Regulations concerning the movement of lated article must be furnished by the gummosis bacteria and leaf scald bacteria in interstate or foreign commerce are con- 7 See footnote 3 to § 301.86–5(a). tained in part 330 of this chapter.

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interstate from any regulated area any Dowson, and which is not widely preva- regulated article except in accordance lent or distributed within and through- with the conditions prescribed in this out the United States. subpart. Limited permit. A document which is issued for a regulated article by an in- [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001] spector or by a person operating under a compliance agreement, and which § 301.87–1 Definitions. represents that the regulated article is Terms used in the singular form in eligible for interstate movement in ac- this subpart shall be construed as the cordance with § 301.87–5(b) of this sub- plural and vice versa, as the case may part. demand. The following terms, when Moved (movement, move). Shipped, of- used in this subpart, shall be con- fered for shipment to a common car- strued, respectively, to mean: rier, received for transportation or Certificate. A document which is transported by a common carrier, or issued for a regulated article by an in- carried, transported, moved, or caused spector or by a person operating under or allowed to be moved by any means. a compliance agreement, and which ‘‘Movement’’ and ‘‘move’’ shall be con- represents that the article is eligible strued in accordance with this defini- for interstate movement in accordance tion. with § 301.87–5(a) of this subpart. Person. Any individual, partnership, Compliance agreement. A written corporation, company, society, associa- agreement between Plant Protection tion, or other organized group. and Quarantine and a person engaged Plant Protection and Quarantine. The in the business of growing, handling, or organizational unit within the Animal moving regulated articles, in which the and Plant Health Inspection Service, person agrees to comply with the pro- U.S. Department of Agriculture, dele- visions of this subpart and any condi- gated responsibility for enforcing pro- tions imposed pursuant to such provi- visions of the Plant Protection Act and sions. related legislation, quarantines, and Deputy Administrator. The Deputy Ad- regulations. ministrator of the Animal and Plant Regulated area. Any quarantined Health Inspection Service, U.S. Depart- State, or any portion thereof, listed as ment of Agriculture for Plant Protec- a regulated area in § 301.87–3(c) of this tion and Quarantine, or any officer or subpart, or otherwise designated as a employee of the Department to whom regulated area in accordance with authority to act in his or her stead has § 301.87–3(b) of this subpart. been or may hereafter be delegated. Regulated article. Any article listed in Gummosis disease. A dangerous plant § 301.87–2(a), (b), (c), (d), or otherwise disease of sugarcane which is caused by designated as a regulated article in ac- the highly infectious bacterium, cordance with § 301.87–2(e). Xanthomonas vasculorum (Cobb) State. Any State, Territory, or Dis- Dowson, and which is not widely preva- trict of the United States, including lent or distributed within and through- the Commonwealth of Puerto Rico. out the United States. Sugarcane disease. This means leaf Inspector. Any employee of Plant Pro- scald disease with respect to activities tection and Quarantine, Animal and in Hawaii, and means gummosis dis- Plant Health Inspection Service, U.S. ease or leaf scald disease with respect Department of Agriculture, or other to activities in Puerto Rico. person, authorized by the Deputy Ad- [48 FR 50059, Oct. 31, 1983, as amended at 52 ministrator in accordance with law to FR 31374, Aug. 20, 1987; 66 FR 21052, Apr. 27, enforce the provisions of the quar- 2001] antine and regulations in this subpart. Interstate. From any State into or § 301.87–2 Regulated articles. through any other State. (a) Sugarcane plants, whole or in Leaf scald disease. A dangerous plant part, including true seed and bagasse, disease of sugarcane which is caused by but not including pieces of cane boiled the highly infectious bacterium, for a minimum of 30 minutes during Xanthomonas albilineans (Ashby) processing into sugarcane chews;

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(b) Used sugarcane processing equip- (b) The Deputy Administrator or an ment (sugarcane mill equipment, such inspector may temporarily designate as equipment used for extracting and any nonregulated area in a quarantined refining sugarcane juice; and experi- State as a regulated area in accordance mental devices, such as devices used with the criteria specified in paragraph for extracting sugarcane juice); (a) of this section for listing such an (c) Used sugarcane field equipment area. Written notice of the designation (equipment used for sugarcane field shall be given to the owner or person in production purposes, e.g. planters, possession of the nonregulated area tractors, discs, cultivators, and vehi- and, thereafter, the interstate move- cles); ment of any regulated article from the (d) Sugarcane juice; and (e) Any other product, article, or area shall be subject to the applicable means of conveyance, of any character provisions of this subpart. As soon as whatsoever, not covered by paragraph practicable, the area shall be added to (a), (b), (c), or (d) of this section, when the list in paragraph (c) of this section it is determined by an inspector that it or the designation shall be terminated presents a risk of spread of a sugarcane by the Deputy Administrator or an in- disease and the person in possession of spector, and notice thereof shall be it has actual notice that the product, given to the owner or person in posses- article, or means of conveyance is sub- sion of the area. ject to the restrictions of this section. (c) The areas described below are des- [48 FR 50059, Oct. 31, 1983, as amended at 52 ignated as regulated areas; FR 31374, Aug. 20, 1987] Hawaii § 301.87–3 Regulated areas. All of Hawaii.

(a) Except as otherwise provided in Puerto Rico. paragraph (b) of this section, the Dep- uty Administrator shall list as a regu- All of Puerto Rico. lated area in paragraph (c) of this section, each quarantined State, or each § 301.87–4 Conditions governing the portion thereof, in which a sugarcane interstate movement of regulated articles from regulated areas in disease has been found by an inspector 3 or in which the Deputy Administrator quarantined States. has reason to believe that a sugarcane Any regulated article may be moved disease is present, or each portion of a interstate from any regulated area in a quarantined State which the Deputy quarantined State if moved under the Administrator deems necessary to reg- following conditions: ulate because of its proximity to a sug- (a) With a certificate or limited per- arcane disease or its inseparability for mit issued and attached in accordance quarantine enforcement purposes from with §§ 301.87–5 and 301.87–8 of this sub- localities in which a sugarcane disease part, or occurs. Less than an entire quar- (b) Without a certificate or limited antined State will be designated as a permit, if regulated area only if the Deputy Ad- (1) Moved directly through any regu- ministrator is of the opinion that: lated area, and (1) The State has adopted and is enforcing a quarantine or regulation (2) The article originated outside of which imposes restrictions on the any regulated area, and intrastate movement of the regulated (3) The point of origin of the article articles which are substantially the is clearly indicated by shipping docu- same as those which are imposed with ments, its identity has been main- respect to the interstate movement of tained, and it has not been used for the such articles under this subpart; and production of sugarcane while in the (2) The designation of less than the regulated area. entire State as a regulated area will otherwise be adequate to prevent the 3 Requirements under all other applicable artificial interstate spread of a sugar- Federal domestic plant quarantines must cane disease. also be met.

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§ 301.87–5 Issuance and cancellation of U.S.C. 7714) 6 to prevent the spread of certificates and limited permits. sugarcane diseases; and (a) A certificate shall be issued by an (3) Determines that it is eligible for inspector for the movement of a regu- such movement under all other Federal lated article if the inspector: domestic plant quarantines applicable to the article. (1)(i) Determines that it has been (c) Certificates and limited permits treated under the direction of an infor shipments of regulated articles may spector 4 in accordance with part 305 of be issued by an inspector or by any per- this chapter, or son engaged in the business of growing, (ii) Determines based on inspection handling, or moving regulated articles of the article and the premises of ori- provided such person is operating gin that it is free from sugarcane dis- under a compliance agreement. Any 5 eases; such person may execute and issue a (2) Determines that it is to be moved certificate for the interstate movement in compliance with any additional con- of a regulated article if the person has ditions deemed necessary under section treated the regulated article to destroy 414 of the Plant Protection Act (7 infection in accordance with the provi- U.S.C. 7714) 6 to prevent the spread of sions of § 301.87–10 of this subpart and sugarcane diseases; and the inspector has made the determina- (3) Determines that it is eligible for tion that the article is otherwise eligi- unrestricted movement under all other ble for a certificate in accordance with Federal domestic plant quarantines ap- paragraph (a) of this section; or if the plicable to the article. inspector has made the determination (b) A limited permit shall be issued that the article is eligible for a certifi- by an inspector for the movement of a cate in accordance with paragraph (a) regulated article if the inspector: of this section without such treatment. (1) Determines, in consultation with Any such person may execute and issue the Deputy Administrator, that it is to a limited permit for interstate move- be moved: ment of a regulated article when the (i) For a specified purpose (such as inspector has made the determination for consumption or manufacturing) that the article is eligible for a limited stated on the limited permit, other permit in accordance with paragraph than for processing or harvesting sug- (b) of this section. arcane; and (d) Any certificate or limited permit (ii) To a specified destination stated which has been issued or authorized on the limited permit, which is not in may be withdrawn by an inspector if a county or parish where sugarcane is the inspector determines that its hold- produced, and which is not within 10 er has not complied with any condition miles of a sugarcane field; under the regulations for its use. The (2) Determines that it is to be moved reasons for the withdrawal shall be in compliance with any additional con- confirmed in writing as promptly as ditions deemed necessary under section circumstances allow. Any person whose 414 of the Plant Protection Act (7 certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator 4 Treatments shall be monitored by inspec- within ten days after receiving the tors in order to assure compliance with requirements in this subpart. written notification of the withdrawal. 5 The term sugarcane diseases means leaf The appeal shall state all of the facts scald disease with respect to movement of and reasons upon which the person re- regulated articles from Hawaii and means lies to show that the certificate or lim- gummosis disease and leaf scald disease with ited permit was wrongfully withdrawn. respect to movements of regulated articles The Deputy Administrator shall grant from Puerto Rico. or deny the appeal in writing, stating 6 An inspector may hold, seize, quarantine, the reasons for the decision as prompt- treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant ly as circumstances allow. If there is a pests, or other articles in accordance with conflict as to any material fact, a hear- sections 414, 421, and 434 of the Plant Protec- ing shall be held to resolve the conflict tion Act (7 U.S.C. 7714, 7731, and 7754). under rules of practice which shall be

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adopted by the Administrator of the trator of the Animal and Plant Health Animal and Plant Health Inspection Inspection Service, USDA, for the pro- Service, USDA, for the proceeding. ceeding. [48 FR 50059, Oct. 31, 1983, as amended at 66 [48 FR 50059, Oct. 31, 1983, as amended at 59 FR 21053, Apr. 27, 2001; 75 FR 4241, Jan. 26, FR 67609, Dec. 30, 1994] 2010] § 301.87–7 Assembly and inspection of § 301.87–6 Compliance agreement; can- regulated articles. cellation. (a) Any person (other than a person (a) Any person engaged in the busi- authorized to issue certificates or lim- ness of growing, handling, or moving ited permits under § 301.87–5(c) of this regulated articles may enter into a subpart) who desires to move inter- compliance agreement to facilitate the state a regulated article accompanied movement of regulated articles under by a certificate or limited permit shall, this subpart. 7 The compliance agree- as far in advance as possible (should be ment shall be a written agreement be- no less than 48 hours before the desired tween a person engaged in such a busi- movement), request an inspector 8 to ness and Plant Protection and Quar- take any necessary action under this antine, in which the person agrees to subpart prior to movement of the regu- comply with the provisions of this sub- lated article. part and any conditions imposed pursu- (b) The regulated article shall be as- ant to such provisions. sembled at whatever point and in what- (b) Any compliance agreement may ever manner the inspector designates be canceled orally or in writing by the as necessary to comply with the re- inspector who is supervising its en- quirements of this subpart. forcement whenever the inspector finds that such person has failed to comply [48 FR 50059, Oct. 31, 1983, as amended at 59 with the provisions of this subpart or FR 67609, Dec. 30, 1994] any conditions imposed pursuant to such provisions. If the cancellation is § 301.87–8 Attachment and disposition of certificates and limited permits. oral, the decision and the reasons for the cancellation shall be confirmed in (a) A certificate or limited permit re- writing as promptly as circumstances quired for the interstate movement of allow. Any person whose compliance a regulated article, at all times during agreement has been canceled may ap- such movement, shall be securely at- peal the decision, in writing, to the tached to the outside of the container Deputy Administrator within ten days containing the regulated article, se- after receiving written notification of curely attached to the article itself if the cancellation. The appeal shall state not in a container, or securely at- all of the facts and reasons upon which tached to the consignee’s copy of the the person relies to show that the com- accompanying waybill or other ship- pliance agreement was wrongfully can- ping document; provided however, that celled. The Deputy Administrator shall the requirements of this section may grant or deny the appeal, in writing, be met by attaching the certificate or stating the reasons for the decision, as limited permit to the consignee’s copy promptly as circumstances allow. If of the waybill or other shipping docu- there is a conflict as to any material ment only if the regulated article is fact, a hearing shall be held to resolve sufficiently described on the certifi- the conflict under rules of practice cate, limited permit, or shipping docu- which shall be adopted by the Adminis- ment to identify the article.

7 Compliance Agreement forms are avail- 8 Inspectors are assigned to local offices of able without charge from the Animal and Plant Protection and Quarantine, which are Plant Health Inspection Service, Plant Pro- listed in telephone directories. Information tection and Quarantine, Domestic and Emer- concerning local offices may also be obtained gency Operations, 4700 River Road Unit 134, from the Animal and Plant Health Inspec- Riverdale, Maryland 20737–1236, and from tion Service, Plant Protection and Quar- local offices of Plant Protection and Quar- antine, Domestic and Emergency Operations, antine. (Local offices are listed in telephone 4700 River Road Unit 134, Riverdale, Mary- directories.) land 20737–1236.

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(b) The certificate or limited permit or their products, including trucks, for the movement of a regulated article trailers, railroad cars, bins, and hop- shall be furnished by the carrier to the pers. consignee at the destination of the Distinct definable area. A commercial shipment. wheat production area of contiguous fields that is separated from other § 301.87–9 Costs and charges. wheat production areas by desert, The services of the inspector shall be mountains, or other nonagricultural furnished without cost. The U.S. De- terrain as determined by an inspector, partment of Agriculture will not be re- based on survey results. sponsible for any costs or charges inci- Grain. Wheat, durum wheat, and dent to inspections or compliance with triticale used for consumption or proc- the provisions of the quarantine and essing. regulations in this subpart, other than Grain storage facility. That part of a for the services of the inspector. grain handling operation or unit or a grain handling operation, consisting or § 301.87–10 [Reserved] structures, conveyances, and equipment that receive, unload, and store, Subpart U—Karnal Bunt grain, and that is able to operate as an independent unit from other units of SOURCE: 61 FR 52207, Oct. 4, 1996, unless the grain handling operation. A grain otherwise noted. Redesignated at 84 FR 2428, handling operation may be one grain Feb. 7, 2019. storage facility or may be comprised of many grain storage facilities on a sin- § 301.89–1 Definitions. gle premises. Actual price received. The net price Hay. Host crops cut and dried for after adjustment for any premiums or feeding to livestock. Hay cut after discounts stated on the sales receipt. reaching the dough stage may contain Administrator. The Administrator, mature kernels of the host crop. Animal and Plant Health Inspection Host crops. Plants or plant parts, in- Service, or any person authorized to cluding grain, seed, or hay, of wheat, act for the Administrator. durum wheat, and triticale. Animal and Plant Health Inspection Infestation (infected). The presence of Service (APHIS). The Animal and Plant Karnal bunt, or any identifiable stage Health Inspection Service of the U.S. of development (i.e., bunted kernels in Department of Agriculture. grain, bunted kernels or teliospores in Certificate. A document in which an seed) of the fungus Tilletia indica inspector or a person operating under a (Mitra) Mundkur, or the existence of compliance agreement affirms that a circumstances that make it reasonable specified regulated article meets the to believe that Karnal bunt is present. requirements of this subpart and may Inspector. An APHIS employee or des- be moved to any destination. ignated cooperator/collaborator au- Compliance agreement. A written thorized by the Administrator to en- agreement between APHIS and a per- force the provisions of this subpart. son engaged in growing, handling, or Karnal bunt. A plant disease caused moving regulated articles, in which the by the fungus Tilletia indica (Mitra) person agrees to comply with the pro- Mundkur. visions of this subpart and any condi- Limited permit. A document in which tions imposed under this subpart. an inspector affirms that a specified Contaminated seed. Seed from sources regulated article not eligible for a cer- in which the Karnal bunt pathogen tificate is eligible for movement only (Tilletia indica (Mitra) Mundkur) has to a specified destination and in ac- been determined to exist by the pres- cordance with conditions specified on ence of bunted kernels or teliospores. the permit. Contract price. The net price after ad- Mechanized cultivating equipment and justment for any premiums or dis- mechanized harvesting equipment. counts stated in the contract. Mechanized equipment used for soil Conveyances. Containers used to tillage, including tillage attachments move wheat, durum wheat, or triticale, for farm tractors—e.g., tractors, disks,

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plows, harrows, planters, and (c) Seed conditioning equipment and subsoilers; mechanized equipment used storage/handling equipment/structures for harvesting purposes—e.g., com- that have been used in the production bines, grain buggies, trucks, swathers, of wheat, durum wheat, and triticale and hay balers. found to contain the spores of Tilletia Movement (moved). The act of ship- indica; ping, transporting, delivering, or re- (d) Plants or plant parts (including ceiving for movement, or otherwise grain, seed, and straw) and hay cut aiding, abetting, inducing or causing to after reaching the dough stage of all be moved. varieties of wheat (Triticum aestivum), Person. Any association, company, durum wheat (Triticum durum), and corporation, firm, individual, joint triticale (Triticum aestivum × Secale stock company, partnership, society, cereale) that are produced in a regu- or any other legal entity. lated area, except for straw/stalks/seed Plant. Any plant (including any plant heads for decorative purposes that have part) for or capable of propagation, in- been processed or manufactured prior cluding a tree, a tissue culture, a to movement and are intended for use plantlet culture, pollen, a shrub, a indoors; vine, a cutting, a graft, a scion, a bud, (e) Tilletia indica (Mitra) Mundkur; a bulb, a root, and a seed. (f) Mechanized harvesting equipment Seed. Wheat, durum wheat, and that has been used in the production of triticale used for propagation. wheat, durum wheat, or triticale that Soil. The loose surface material of the has tested positive for Karnal bunt earth in which plants grow, in most through the presence of bunted ker- cases consisting of disintegrated rock nels; and with an admixture of organic material. (g) Any other product, article, or Soil-moving equipment. Equipment means of conveyance when: used for moving or transporting soil, (1) An inspector determines that it including, but not limited to, bull- presents a risk of spreading Karnal dozers, dump trucks, or road scrapers. bunt based on appropriate testing and State. The District of Columbia, Puer- the intended use of the product, arti- to Rico, the Northern Mariana Islands, cle, or means of conveyance; and or any State, territory, or possession of (2) The person in possession of the the United States. product, article, or means of convey- Straw. The vegetative material left ance has been notified that it is regu- after the harvest of host crops. Straw lated under this subpart. is generally used as animal feed, bed- ding, mulch, or for erosion control. [69 FR 8095, Feb. 23, 2004] Tilling. The turning of a minimum of the top 6 inches of soil. § 301.89–3 Regulated areas. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR (a) The Administrator will regulate 23624, May 1, 1997; 62 FR 24751, May 6, 1997; 63 each State or each portion of a State FR 31599, June 10, 1998; 64 FR 23752, May 4, that is infected. 1999; 69 FR 8095, Feb. 23, 2004] (b) Less than an entire State will be listed as a regulated area only if the § 301.89–2 Regulated articles. Administrator: The following are regulated articles: (1)(i) Determines that the State has (a) Conveyances, including trucks, adopted and is enforcing restrictions railroad cars, and other containers on the intrastate movement of the reg- used to move host crops produced in a ulated articles listed in § 301.89–2 that regulated area that have tested posi- are equivalent to the movement re- tive for Karnal bunt through the pres- strictions imposed by this subpart; and ence of bunted kernels; (ii) Determines that designating less (b) Grain elevators/equipment/struc- than the entire State as a regulated tures used for storing and handling area will prevent the spread of Karnal host crops produced in a regulated area bunt; or that have tested positive for Karnal (2) Exercises his or her extraordinary bunt through the presence of bunted emergency authority under 7 U.S.C. kernels; 150dd.

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(c) The Administrator may include during survey to contain a bunted ker- noninfected acreage within a regulated nel); or area due to its proximity to an infesta- (3) It is a distinct definable area that tion or inseparability from the infected contains at least one field that has locality for regulatory purposes, as de- been determined to be associated with termined by: grain at a handling facility containing (1) Projections of the spread of a bunted kernel of a host crop (the dis- Karnal bunt along the periphery of the tinct definable area may include an infestation; area where Karnal bunt is not known (2) The availability of natural habi- to exist but where intensive surveys tats and host materials within the non- are required because of the area’s prox- infected acreage that are suitable for imity to the field associated with the establishment and survival of Karnal bunted kernel at the handling facility). (f) A field known to have been in- bunt; and fected with Karnal bunt, as well as any (3) The necessity of including non-infected acreage surrounding the uninfected acreage within the regu- field, will be released from regulation lated area in order to establish readily if: identifiable boundaries. (1) The field has been permanently (d) The Administrator or an inspec- removed from crop production; or tor may temporarily designate any (2) The field is tilled at least once per nonregulated area as a regulated area year for a total of 5 years (the years in accordance with the criteria speci- need not be consecutive). After tilling, fied in paragraphs (a), (b), and (c) of the field may be planted with a crop or this section. The Administrator will left fallow. If the field is planted with give written notice of this designation a host crop, the crop must test nega- to the owner or person in possession of tive, through the absence of bunted the nonregulated area, or, in the case kernels, for Karnal bunt. of publicly owned land, to the person (g) The following areas or fields are responsible for the management of the designated as regulated areas (maps of nonregulated area. Thereafter, the the regulated areas may be obtained by movement of any regulated article contacting the Animal and Plant from an area temporarily designated as Health Inspection Service, Plant Pro- a regulated area is subject to this sub- tection and Quarantine, 4700 River part. As soon as practicable, this area Road Unit 98, Riverdale, MD 20737– either will be added to the list of des- 1236): ignated regulated areas in paragraph (g) of this section, or the Adminis- ARIZONA trator will terminate the designation. La Paz County. Beginning at the northeast The owner or person in possession of, corner of sec. 24, T. 8 N., R. 21 W.; then south or, in the case of publicly owned land, to the southeast corner of sec. 1, T. 7 N., R. 21 W.; then east to the northeast corner of the person responsible for the manage- sec. 7, T. 7 N., R. 20 W.; then south to the ment of, an area for which the designa- southeast corner of sec. 19, T. 7 N., R. 20 W.; tion is terminated will be given written then west to the southwest corner of sec. 19, notice of the termination as soon as T. 7 N., R. 20 W.; then south to the southeast practicable. corner of sec. 36, T. 7 N., R. 21 W.; then west (e) The Administrator will classify a to the southwest corner of sec. 36, T. 7 N., R. field or area as a regulated area when: 21 W.; then south to the southeast corner of sec. 2, T. 6 N., R. 21 W.; then west to the (1) It is a field planted with seed from southwest corner of sec. 2, T. 6 N., R. 21 W.; a lot found to contain a bunted wheat then south to the southeast corner of sec. 10, kernel; or T. 6 N., R. 21 W.; then west to the southwest (2) It is a distinct definable area that corner of sec. 8, T. 6 N., R. 21 W.; then north contains at least one field that was to the southwest corner of sec. 5, T. 6 N., R. found during survey to contain a bunt- 21 W.; then west to the southwest corner of ed wheat kernel (the distinct definable sec. 6, T. 6 N., R. 21 W.; then north to the northwest corner of sec. 6, T. 6 N., R. 21 W.; area may include an area where Karnal then west to the southwest corner of sec. 36, bunt is not known to exist but where T. 7 N., R. 22 W., then north to the northwest intensive surveys are required because corner of sec. 24, T. 7 N., R. 22 W.; then east of the area’s proximity to a field found to the northeast corner of sec. 24, T. 7 N., R.

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

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to the northeast corner of sec. 30, T. 5 S., R. S., R. 3 E.; then west to the southwest corner 5 W.; then south to the southeast corner of of sec. 14, T. 6 S., R. 3 E.; then south to the sec. 30, T. 5 S., R. 5 W.; then east to the southeast corner of sec. 22, T. 6 S., R. 3 E.; northeast corner of sec. 32, T. 5 S., R. 5 W.; then west to the northeast corner of sec. 30, then south to the southeast corner of sec. 32, T. 6 S., R. 3 E.; then south to the southeast T. 5 S., R. 5 W.; then east to the northeast corner of sec. 30, T. 6 S., R. 3 E.; then west corner of sec. 5, T. 6 S., R. 5 W.; then south to the southwest corner of sec. 30, T. 6 S., R. to the southeast corner of sec. 20, T. 6 S., R. 3 E.; then north to the southeast corner of 5 W.; then west to the northeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the sec. 30, T. 6 S., R. 5 W.; then south to the point of beginning. southwest corner of sec. 25, T. 6 S., R. 2 E.; (4) Beginning at the southeast corner of then north to the southeast corner of sec. 11, sec. 36, T. 2 N., R. 5 E.; then west to the T. 6 S., R. 2 E.; then west to the southwest northeast corner of sec. 4, T. 1 N., R. 5 E.; corner of sec. 11, T. 6 S., R. 2 E.; then north then south to the southeast corner of sec. 4, to the northwest corner of sec. 35, T. 4 S., R. T. 1 N., R. 5 E.; then west to the southwest 2 E.; then east to the northeast corner of sec. corner of sec. 4, T. 1 N., R. 5 E.; then south 35, T. 4 S., R. 2 E.; then north to the north- to the southeast corner of sec. 17, T. 1 N., R. west corner of sec. 25, T. 4 S., R. 2 E.; then 5 E.; then west to the south west corner of east to the southwest corner of sec. 20, T. 4 sec. 17, T. 1 N., R. 5 E.; then north to the S., R. 3 E.; then north to the northwest cor- northwest corner of sec. 27, T. 1 N., R. 5 E.; ner of sec. 20, T. 4 S., R. 3 E.; then east to the then west to the southwest corner of sec. 12, northeast corner of sec. 24, T. 4 S., R. 3 E.; T. 1 N., R. 4 E.; then north to the northwest then south to the southeast corner of sec. 24, corner of sec. 12, T. 1 N., R. 4 E.; then east to T. 4 S., R. 3 E.; then east to the northeast northeast corner of sec. 12, T. 1 N., R. 4 E.; corner of sec. 28, T. 4 S., R. 4 E.; then south then north to the northwest corner of sec. 7, to the northwest corner of sec. 34, T. 4 S., R. T. 2 N., R. 5 E.; then east to the northeast corner of sec. 12, T. 2 N., R. 5 E.; then south 4 E.; then east to the northeast corner of sec. to the point of beginning. 35, T. 4 S., R. 4 E.; then south to the north- Pinal County: (1) Beginning at the intersec- west corner of sec. 1, T. 5 S., R. 4 E.; then tion of the Maricopa/Pinal County line and east to the northeast corner of sec. 1, T. 5 S., the northwest corner of sec. 31, T. 1 S., R. 8 R. 4 E.; then south to the southeast corner of E.; then east to the northeast corner of sec. sec. 1, T. 5 S., R. 4 E.; then west to the north- 32, T. 1 S., R. 8 E.; then south to the northeast corner of sec. 12, T. 5 S., R. 4 E.; then west corner of sec. 4, T. 2 S., R. 8 E.; then south to the southeast corner of sec. 24, T. 5 east to the northeast corner of sec. 4, T. 2 S., S., R. 4 E.; then west to the southwest corner R. 8 E.; then south to the southeast corner of of sec. 24, T. 5 S., R. 4 E.; then south to the sec. 4, T. 3 S., R. 8 E.; then west to the north- northeast corner of sec. 35, T. 5 S., R. 4 E.; east corner of sec. 8, T. 3 S., R. 8 E.; then then west to the northwest corner of sec. 35, south to the southeast corner of sec. 8, T. 3 T. 5 S., R. 4 E.; then south to the southeast S., R. 8 E.; then west to the southwest corner corner of sec. 37, T. 5 S., R. 4 E.; then west of sec. 12, T 3 S., R. 7 E.; then north to the to the northwest corner of sec. 50, T. 5 S., R. southeast corner of sec. 2, T. 3 S., R. 7 E.; then west to the northeast corner of sec. 9, 4 E.; then south to the southeast corner of T. 3 S., R. 6 E.; then south to the southeast sec. 49, T. 6 S., R. 4 E.; then west to the corner of sec. 28, T. 3 S., R. 6 E.; then west northeast corner of sec. 5, T. 6 S., R. 4 E.; to the southwest corner of sec. 28, T. 3 S., R. then south to the point of beginning. 6 E.; then south to the southeast corner of [61 FR 52207, Oct. 4, 1996] sec. 32, T. 3 S., R. 6 E.; then west to the southwest corner of sec. 35, T. 3 S., R. 5 E.; EDITORIAL NOTE: For FEDERAL REGISTER ci- then north to the northwest corner of sec. 35, tations affecting § 301.89–3, see the List of T. 3 S., R. 5 E.; then west to the southwest CFR Sections Affected, which appears in the corner of sec. 27, T. 3 S., R. 5 E.; then north Finding Aids section of the printed volume to the northwest corner of sec. 10, T. 3 S., R. and at www.govinfo.gov. 5 E.; then west to the southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the § 301.89–4 Planting. northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of the Maricopa/Pinal Coun- Any wheat, durum wheat, or triticale ty line; then east along the Maricopa/Pinal that originates within a regulated area County line to the northwest corner of sec. 6, must be tested and found free from T. 3 S., R. 8 E.; then north along the Mari- bunted wheat kernels and spores before copa/Pinal County line to the point of beginning. it may be used as seed within or out- (2) Beginning at the southeast corner of side a regulated area. sec. 5, T. 6 S., R. 4 E.; then west to the south- [69 FR 8096, Feb. 23, 2004] west corner of sec. 1, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 14, T. 6

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§ 301.89–5 Movement of regulated arti- issue a certificate for the movement of cles from regulated areas. a regulated article outside a regulated (a) Any regulated article may be area if he or she determines that the moved from a regulated area into or regulated article: through an area that is not regulated (1) Is eligible for unrestricted move- only if moved under the following con- ment under all other applicable Fed- ditions: eral domestic plant quarantines and (1) With a certificate or limited per- regulations; mit issued and attached in accordance (2) Is to be moved in compliance with with §§ 301.89–6 and 301.89–10; any conditions deemed necessary under (2) Without a certificate or limited section 414 of the Plant Protection Act permit, provided that each of the fol- (7 U.S.C. 7714) 2 to prevent the artificial lowing conditions is met: spread of Karnal bunt; and (i) The regulated article was moved (3)(i) Is free of Karnal bunt infesta- into the regulated area from an area tion, based on laboratory results of that is not regulated; testing, and history of previous infesta- (ii) The point of origin is indicated on tion; a waybill accompanying the regulated (ii) Has been grown, produced, manu- article; factured, stored, or handled in a man- (iii) The regulated article is moved ner that would prevent infestation or through the regulated area without destroy all life stages of Karnal bunt; stopping, or has been stored, packed, or or handled at locations approved by an inspector as not posing a risk of contami- (iii) Has been treated in accordance nation with Karnal bunt, or has been with part 305 of this chapter. treated in accordance with part 305 of (b) To be eligible for movement under this chapter while in or moving a certificate, hay cut after the dough through any regulated area; and stage or grain from a field within a reg- (iv) The article has not been com- ulated area must be tested prior to its bined or commingled with other arti- movement from the field or before it is cles so as to lose its individual iden- commingled with similar commodities tity; and must be found free from bunted (b) When an inspector has probable kernels. If bunted kernels are found, cause to believe a person or means of the grain or hay will be eligible for conveyance is moving a regulated arti- movement only under a limited permit cle, the inspector is authorized to stop issued in accordance with paragraph (c) the person or means of conveyance to of this section, and the field of produc- determine whether a regulated article tion will be considered positive for is present and to inspect the regulated Karnal bunt. article. Articles found to be infected by (c) An inspector or a person oper- an inspector, and articles not in com- ating under a compliance agreement pliance with the regulations in this will issue a limited permit for the subpart, may be seized, quarantined, movement outside the regulated area treated, subjected to other remedial of a regulated article not eligible for a measures, destroyed, or otherwise dis- certificate if the inspector determines posed of. Any treatments will be in ac- that the regulated article: cordance with part 305 of this chapter. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR directories. Information concerning such 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; local offices may also be obtained from the 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, Animal and Plant Health Inspection Service, 2010; 75 FR 68945, Nov. 10, 2010] Plant Protection and Quarantine, Surveil- lance and Emergency Programs Planning § 301.89–6 Issuance of a certificate or and Coordination, 4700 River Road Unit 98, limited permit. Riverdale, Maryland 20737–1236. 2 An inspector may hold, seize, quarantine, (a) An inspector 1 or person operating treat, apply other remedial measures to, de- under a compliance agreement will stroy, or otherwise dispose of plants, plant pests, or other articles in accordance with 1 Inspectors are assigned to local offices of sections 414, 421, and 431 of the Plant Protec- APHIS, which are listed in local telephone tion Act (7 U.S.C. 7714, 7731, and 7754).

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(1) Is to be moved to a specified des- review with an inspector each provi- tination for specified handling, utiliza- sion of the compliance agreement, have tion, or processing (the destination and facilities and equipment to carry out other conditions to be listed in the lim- disinfestation procedures or applica- ited permit and/or compliance agree- tion of chemical materials in accord- ment), and this movement will not re- ance with part 305 of this chapter, and sult in the artificial spread of Karnal meet applicable State training and cer- bunt because Karnal bunt will be de- tification standards under the Federal stroyed or the risk mitigated by the Insecticide, Fungicide, and Rodenticide specified handling, utilization, or proc- Act, as amended (7 U.S.C. 136b). Any essing; person who enters into a compliance (2) Is to be moved in compliance with agreement with APHIS must agree to any additional conditions the Adminis- comply with the provisions of this sub- trator may impose under section 414 of part and any conditions imposed under the Plant Protection Act (7 U.S.C. 7714) this subpart. to prevent the artificial spread of [61 FR 52207, Oct. 4, 1996, as amended at 62 FR Karnal bunt; and 23628, May 1, 1997; 69 FR 8096, Feb. 23, 2004; 75 (3) Is eligible for movement under all FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, other Federal domestic plant quar- 2010] antines and regulations applicable to the regulated article. § 301.89–8 Cancellation of a certificate, (d) An inspector shall issue blank limited permit, or compliance certificates and limited permits to a agreement. person operating under a compliance Any certificate, limited permit, or agreement in accordance with § 301.89–7 compliance agreement may be canceled or authorize reproduction of the cer- orally or in writing by an inspector tificates or limited permits on shipping whenever the inspector determines containers, or both, as requested by the that the holder of the certificate or person operating under the compliance limited permit, or the person who has agreement. These certificates and lim- entered into the compliance agree- ited permits may then be completed ment, has not complied with this sub- and used, as needed, for the movement part or any conditions imposed under of regulated articles that have met the this subpart. If the cancellation is oral, applicable requirements of paragraphs the cancellation will become effective (a) and (b) of this section for the immediately and the cancellation and issuance of certificates or of paragraph the reasons for the cancellation will be (c) of this section for the issuance of confirmed in writing as soon as cir- limited permits. cumstances allow, but within 20 days [61 FR 52207, Oct. 4, 1996, as amended at 62 FR after oral notification of the cancella- 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; tion. Any person whose certificate, 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 27, limited permit, or compliance agree- 2001; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, ment has been canceled may appeal the Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR decision, in writing, within 10 days 68945, Nov. 10, 2010] after receiving the written cancellation notice. The appeal must state all § 301.89–7 Compliance agreements. of the facts and reasons that the person Persons who grow, handle, or move wants the Administrator to consider in regulated articles may enter into a deciding the appeal. A hearing may be compliance agreement 3 if such persons held to resolve any conflict as to any material fact. Rules of practice for the 3 Compliance agreements may be initiated hearing will be adopted by the Admin- by contacting a local office of Plant Protec- istrator. As soon as practicable, the tion and Quarantine, which are listed in tele- Administrator will grant or deny the phone directories. The addresses and tele- appeal, in writing, stating the reasons phone numbers of local offices of Plant Pro- for the decision. tection and Quarantine may also be obtained from the Animal and Plant Health Inspec- tion Service, Plant Protection and Quar- gram Planning and Coordination, 4700 River antine, Surveillance and Emergency Pro- Road Unit 98, Riverdale, Maryland 20737–1236.

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§ 301.89–9 Assembly and inspection of part 305 of this chapter prior to move- regulated articles. ment from a regulated area. (a) Persons requiring certification or (b) Seed conditioning equipment that other services must request the serv- was used in the conditioning of seed ices of an inspector 4 at least 24 hours that was tested and found to contain before the services are needed. spores or bunted kernels of Tilletia (b) The regulated articles must be as- indica must be cleaned and disinfected sembled at the place and in the manner in accordance with part 305 of this the inspector designates as necessary chapter prior to being used in the con- to comply with this subpart. ditioning of seed that has tested negative for the spores of Tilletia indica or [61 FR 52207, Oct. 4, 1996, as amended at 62 FR to being moved from a regulated area. 23628, May 1, 1997; 64 FR 29550, June 2, 1999; 75 (c) Any grain storage facility, includ- FR 68945, Nov. 10, 2010] ing on-farm storage, that is used to § 301.89–10 Attachment and disposition store seed that has tested bunted-ker- of certificates and limited permits. nel or spore positive or grain that has tested bunted-kernel positive must be (a) The consignor must ensure that cleaned and, if disinfection is deter- the certificate or limited permit au- mined to be necessary by an inspector, thorizing movement of a regulated ar- disinfected in accordance with part 305 ticle is, at all times during movement, of this chapter if the facility will be attached to: used to store grain or seed in the fu- (1) The outside of the container en- ture. casing the regulated article; (d) Conveyances used to move bunt- (2) The article itself, if it is not in a ed-kernel-positive host crops, including container; or trucks, railroad cars, and other con- (3) The consignee’s copy of the ac- tainers, that have sloping metal sides companying waybill: Provided, that leading directly to a bottom door or the descriptions of the regulated arti- slide chute, are self cleaning, and will cle on the certificate or limited permit, not be required to be cleaned and dis- and on the waybill, are sufficient to infected. identify the regulated article; and (e) Spore-positive wheat, durum (b) The carrier must furnish the cer- wheat, or triticale seed that has been tificate or limited permit authorizing treated with any chemical that renders movement of a regulated article to the it unfit for human or animal consump- consignee at the shipment’s destination must be disposed of by means of tion. burial under a minimum of 24 inches of § 301.89–11 Costs and charges. soil in a nonagricultural area that will not be cultivated or in an approved The services of the inspector during landfill. normal business hours will be furnished without cost to persons requiring the [69 FR 8096, Feb. 23, 2004, as amended at 75 services. FR 4241, Jan. 26, 2010] The user will be responsible for all costs and charges arising from inspec- §§ 301.89–13—301.89–14 [Reserved] tion and other services provided out- § 301.89–15 Compensation for growers, side of normal business hours. handlers, and seed companies in the 1999–2000 and subsequent crop § 301.89–12 Cleaning, disinfection, and seasons. disposal. Growers, handlers, and seed compa- (a) Mechanized harvesting equipment nies are eligible to receive compensa- that has been used to harvest host tion from the United States Depart- crops that test positive for Karnal bunt ment of Agriculture (USDA) for the based on the presence of bunted kernels 1999–2000 and subsequent crop seasons must be cleaned and, if disinfection is to mitigate losses or expenses incurred determined to be necessary by an in- because of the Karnal bunt regulations spector, disinfected in accordance with and emergency actions, as follows: (a) Growers, handlers, and seed compa- 4 See footnote 1. nies in areas under first regulated crop

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season. Growers, handlers, and seed (ii) If the wheat was not grown under companies are eligible to receive com- contract or a price was determined in pensation for the loss in value of their the contract after the area where the wheat in accordance with paragraphs wheat was grown became regulated, (a)(1) and (a)(2) of this section if: The compensation will equal the estimated wheat was grown in a State where the market price for the relevant class of Secretary has declared an extraor- wheat (meaning type of wheat, such as dinary emergency; and the wheat was durum or hard red winter) minus the grown in an area of that State that be- actual price received by the grower. came regulated for Karnal bunt after The estimated market price will be cal- the crop was planted, or for which an culated by APHIS for each class of Emergency Action Notification (PPQ wheat, taking into account the prices Form 523) was issued after the crop was offered by relevant terminal markets planted; and the wheat was grown in an (animal feed, milling, or export) during area that remained regulated or under the harvest months for the area, with Emergency Action Notification at the adjustments for transportation and time the wheat was sold. Growers and other handling costs. Separate esti- handlers of wheat grown in Oklahoma mated market prices will be calculated during the 2000–2001 growing season are for certified wheat seed and wheat eligible to receive compensation if the grown with the intention of producing wheat was commingled in storage with certified wheat seed, and wheat grain. wheat that meets the above require- (2) Handlers and seed companies. Han- dlers and seed companies who sell ments of this paragraph. Growers, han- wheat grown in an area under the first dlers, and seed companies in areas regulated crop season are eligible to re- under the first regulated crop season ceive compensation only if the wheat are eligible for compensation for 1999– was not tested by APHIS prior to pur- 2000 or subsequent crop season wheat chase by the handler or seed company, and for wheat inventories in their pos- but was tested by APHIS and found session that were unsold at the time positive for Karnal bunt after purchase the area became regulated. The com- by the handler or seed company, as pensation provided in this paragraph is long as the price to be paid is not con- for wheat grain, certified wheat seed, tingent on the test results. Compensa- wheat held back from harvest by a tion will equal the estimated market grower in the 2000–2001 growing season price for the relevant class of wheat for use as seed in the next growing sea- (meaning type of wheat, such as durum son, and wheat grown with the inten- or hard red winter) minus the actual tion of producing certified wheat seed. price received by the handler or seed (1) Growers. Growers of wheat in an company. The estimated market price area under the first regulated crop sea- will be calculated by APHIS for each son, who sell wheat that was tested by class of wheat, taking into account the APHIS and found positive for Karnal prices offered by relevant terminal bunt prior to sale, or that was tested markets (animal feed, milling, or ex- by APHIS and found positive for port) during the harvest months for the Karnal bunt after sale and the price re- area, with adjustments for transpor- ceived by the grower is contingent on tation and other handling costs. Sepa- the test results, are eligible to receive rate estimated market prices will be compensation as described in para- calculated for certified wheat seed and graphs (a)(1)(i) and (a)(1)(ii) of this sec- wheat grown with the intention of pro- tion. However, compensation for posi- ducing certified wheat seed, and wheat tive-testing wheat will not exceed $1.80 grain. However, compensation will not per bushel under any circumstances. exceed $1.80 per bushel under any cir- (i) If the wheat was grown under con- cumstances. tract and a price was determined in the (b) Growers, handlers, and seed compa- contract before the area where the nies in previously regulated areas. For wheat was grown became regulated, the 1999–2000 crop season and the 2000– compensation will equal the contract 2001 crop season only, growers, han- price minus the actual price received dlers, and seed companies are eligible by the grower. to receive compensation for the loss in

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value of their wheat in accordance with and seed companies under paragraphs paragraphs (b)(1) and (b)(2) of this sec- (a) and (b) of this section will be issued tion if: The wheat was grown in a State by the Farm Service Agency (FSA). where the Secretary has declared an Claims for compensation for the 1999– extraordinary emergency; and the 2000 crop season must be received by wheat was grown in an area of that FSA on or before December 4, 2001. State that became regulated for Karnal Claims for compensation for subse- bunt before the crop was planted, or for quent crop seasons must be received by which an Emergency Action Notifica- FSA on or before March 1 of the year tion (PPQ Form 523) was issued before following that crop season. The Admin- the crop was planted; and the wheat istrator may extend the deadline, upon was grown in an area that remained request in specific cases, when unusual regulated or under Emergency Action and unforeseen circumstances occur Notification at the time the wheat was that prevent or hinder a claimant from sold. Growers, handlers, and seed com- requesting compensation on or before panies in previously regulated areas these dates. To claim compensation, a will not be eligible for compensation grower, handler, or seed company must for wheat from the 2001–2002 and subse- complete and submit to the local FSA quent crop seasons; except that, for county office the following documents: growers or handlers of wheat harvested (1) Growers, handlers, and seed compa- in any field in the Texas counties of nies. A grower, handler, or seed com- Archer, Baylor, Throckmorton, and pany must submit a Karnal Bunt Com- Young during the 2000–2001 crop season pensation Claim form, provided by that has not been found to contain a FSA. If the wheat was grown in an area bunted wheat kernel, this requirement that is not a regulated area, but for applies to compensation for wheat from which an Emergency Action Notifica- the 2002–2003 and subsequent crop sea- tion (PPQ Form 523) (EAN) has been sons. The compensation provided in issued, the grower, handler, or seed this paragraph is for wheat grain, cer- company must submit a copy of the tified wheat seed, and wheat grown EAN. Growers, handlers, and seed com- with the intention of producing cer- panies must also submit a copy of the tified wheat seed. Karnal bunt certificate issued by (1) Growers. Growers of wheat in a APHIS that shows the Karnal bunt test previously regulated area who sell results, and verification as to the ac- wheat that was tested by APHIS and tual (not estimated) weight of the found positive for Karnal bunt prior to wheat that tested positive (such as a sale, or that was tested by APHIS and copy of a facility weigh ticket, or other found positive for Karnal bunt after verification). For compensation claims sale and the price received by the grow- for wheat seed, a grower or seed com- er is contingent on the test results, are pany must submit documentation eligible to receive compensation at the showing that the wheat is either cer- rate of $.60 per bushel of positive test- tified seed or was grown with the in- ing wheat. tention of producing certified seed (2) Handlers and seed companies. Han- (this documentation may include one dlers and seed companies who sell or more of the following types of docu- wheat grown in a previously regulated ments: an application to the State seed area are eligible to receive compensa- certification agency for field inspection only if the wheat was not tested tion; a bulk sale certificate; certifi- by APHIS prior to purchase by the han- cation tags or labels issued by the dler, but was tested by APHIS and State seed certification agency; or a found positive for Karnal bunt after document issued by the State seed cer- purchase by the handler or seed com- tification agency verifying that the pany, as long as the price to be paid by wheat is certified seed); the handler or seed company is not (2) Growers. In addition to the docu- contingent on the test results. Com- ments required in paragraph (c)(1) of pensation will be at the rate of $.60 per this section, growers must submit a bushel of positive testing wheat. copy of the receipt for the final sale of (c) To claim compensation. Compensa- the wheat, showing the total bushels tion payments to growers, handlers, sold and the total price received by the

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grower. Growers compensated under for disposing of wheat seed by burial on paragraph (b)(1) of this section (pre- the grower’s premises is $1.00 per bush- viously regulated areas) whose wheat el. The compensation for disposing of was not tested prior to sale must sub- wheat seed by burial at a landfill, or mit documentation showing that the through another means approved by price paid to the grower was contin- APHIS, is the actual cost of disposal, gent on test results (such as a copy of up to $1.20 per bushel, as verified by re- the receipt for the final sale of the ceipts for disposal costs. To apply for wheat or a copy of the contract the this compensation, the grower must grower has for the wheat, if this infor- submit a Karnal Bunt Compensation mation appears on those documents). Claim form, provided by FSA, and (3) Handlers and seed companies. In ad- must also submit a copy of the Karnal dition to the documents required in bunt certificate issued by APHIS that paragraph (c)(1) of this section, han- shows the Karnal bunt test results, and dlers and seed companies must submit verification as to the actual (not esti- a copy of the receipt for the final sale mated) weight of the uncertified wheat of the wheat, showing the total bushels seed that tested positive for spores sold and the total price received by the (such as a copy of a facility weigh tick- handler or seed company. The handler et, or other verification). For seed dis- or seed company must also submit doc- posed of by burial at a landfill the umentation showing that the price grower must also submit one or more paid or to be paid to the grower is not receipts for the disposal costs of the contingent on the test results (such as uncertified wheat seed, showing the a copy of the receipt for the purchase total bushels destroyed and the total of the wheat or a copy of the contract disposal costs (landfill fees, transpor- the handler or seed company has with tation costs, etc.). the grower, if this information appears [63 FR 31599, June 10, 1998, as amended at 64 on those documents). FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, (d) Special allowance for negative 2001; 67 FR 21566, May 1, 2002] wheat grown in Archer, Baylor, Throckmorton, and Young Counties, TX, § 301.89–16 Compensation for grain in the 2000–2001 growing season. Notwith- storage facilities, flour millers, Na- tional Survey participants, and cer- standing any other provision of this tain custom harvesters and equip- section, wheat that was harvested from ment owners or lessees for the fields in Archer, Baylor, 1999–2000 and subsequent crop sea- Throckmorton, or Young Counties, TX, sons. in the 2000–2001 growing season, and Owners of grain storage facilities, that tested negative for Karnal bunt flour millers, and participants in the after harvest, is eligible for compensa- National Karnal Bunt Survey are eligi- tion in accordance with paragraph (a) ble to receive compensation from the of this section. United States Department of Agri- (e) Special allowance for disposal costs culture (USDA) for the 1999–2000and for treated uncertified wheat seed in Ar- subsequent crop seasons to mitigate cher, Baylor, Throckmorton, and Young losses or expenses incurred because of Counties, TX, in the 2000–2001 growing the Karnal bunt regulations and emer- season. Notwithstanding any other pro- gency actions, as follows: vision of this section, growers in Ar- (a) Decontamination of grain storage cher, Baylor, Throckmorton, or Young facilities. Owners of grain storage facili- Counties, TX, who own treated ties that are in States where the Sec- uncertified wheat seed that tested posi- retary has declared an extraordinary tive for Karnal bunt spores during the emergency, and who have decontami- 2000–2001 growing season are eligible for nated their grain storage facilities pur- compensation in accordance with this suant to either an Emergency Action paragraph. The grower is eligible for Notification (PPQ Form 523) issued by compensation for the costs of disposing an inspector or a letter issued by an in- of such wheat seed, by burial on the spector ordering decontamination of grower’s premises, by burial at a land- the facilities, are eligible to be com- fill, or through another means ap- pensated, on a one time only basis for proved by APHIS. The compensation each facility for each covered crop year

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wheat, for up to 50 percent of the direct et or a copy of the bill of lading for the cost of decontamination. However, wheat, if the actual weight appears on compensation will not exceed $20,000 those documents, or other per grain storage facility (as defined in verification). Flour millers must also § 301.89–1). General clean-up, repair, and submit verification that the millfeed refurbishment costs are excluded from was heat treated (such as a copy of the compensation. Compensation payments limited permit under which the wheat will be issued by APHIS. To claim com- was moved to a treatment facility and pensation, the owner of the grain stor- a copy of the bill of lading accom- age facility must submit to an inspec- panying that movement; or a copy of tor records demonstrating that decon- PPQ Form 700 (which includes certifi- tamination was performed on all struc- cation of processing) signed by the in- tures, conveyances, or materials or- spector who monitors the mill). Claims dered by APHIS to be decontaminated. for compensation for the 1999–2000 crop The records must include a copy of the season must be received by APHIS on Emergency Action Notification or the or before December 4, 2001. Claims for letter from an inspector ordering de- compensation for the 2000–2001 crop contamination, contracts with individ- season and beyond must be received by uals or companies hired to perform the March 1 of the year following that crop decontamination, receipts for equip- season. The Administrator may extend ment and materials purchased to per- these deadlines upon written request in form the decontamination, time sheets specific cases, when unusual and un- for employees of the grain storage fa- foreseen circumstances occur that pre- cility who performed activities con- vent or hinder a claimant from re- nected to the decontamination, and questing compensation on or before any other documentation that helps these dates. show the cost to the owner and that de- (c) National Karnal Bunt Survey par- contamination has been completed. ticipants. If a grain storage facility par- Claims for compensation for the 1999– ticipating in the National Karnal Bunt 2000 crop season must be received by Survey tests positive for Karnal bunt, APHIS on or before December 4, 2001. the facility will be regulated, and may Claims for compensation for the 2000– be ordered decontaminated, pursuant 2001 crop season and beyond must be to either an Emergency Action Notifi- received by March 1 of the year fol- cation (PPQ Form 523) issued by an in- lowing that crop season. The Adminis- spector or a letter issued by an inspec- trator may extend these deadlines upon tor ordering decontamination of the fa- written request in specific cases, when cility. If the Secretary has declared an unusual and unforeseen circumstances extraordinary emergency in the State occur that prevent or hinder a claim- in which the grain storage facility is ant from requesting compensation on located, the owner will be eligible for or before these dates. compensation as follows: (b) Flour millers. Flour millers who, in (1) Loss in value of positive wheat. The accordance with a compliance agree- owner of the grain storage facility will ment with APHIS, heat treat millfeed be compensated for the loss in value of that is required by APHIS to be heat positive wheat. Compensation will treated are eligible to be compensated equal the estimated market price for at the rate of $35.00 per short ton of the relevant class of wheat minus the millfeed. The amount of millfeed com- actual price received for the wheat. pensated will be calculated by multi- The estimated market price will be cal- plying the weight of wheat from the culated by APHIS for each class of regulated area received by the miller wheat, taking into account the prices by 25 percent (the average percent of offered by relevant terminal markets millfeed derived from a short ton of (animal feed, milling, or export) during grain). Compensation payments will be the relevant time period for that facil- issued by APHIS. To claim compensa- ity, with adjustments for transpor- tion, the miller must submit to an in- tation and other handling costs. How- spector verification as to the actual ever, compensation will not exceed (not estimated) weight of the wheat $1.80 per bushel under any cir- (such as a copy of a facility weigh tick- cumstances. Compensation payments

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for loss in value of wheat will be issued cases, when unusual and unforeseen by the Farm Service Agency (FSA). To circumstances occur that prevent or claim compensation, the owner of the hinder a claimant from requesting facility must submit to the local FSA compensation on or before these dates. office a Karnal Bunt Compensation (d) Special allowances for custom har- Claim form, provided by FSA. The vesters and equipment owners or lessees owner of the facility must also submit for costs related to cleaning and disinfec- to FSA a copy of the Emergency Ac- tion of mechanized harvesting and other tion Notification or letter from an in- equipment in Archer, Baylor, spector under which the facility is or Throckmorton, and Young Counties, TX, was quarantined; verification as to the in the 2000–2001 crop season. All claims actual (not estimated) weight of the for compensation under this paragraph wheat (such as a copy of a facility § 301.89–16(d) must be received by weigh ticket or a copy of the bill of APHIS on or before September 6, 2005. lading for the wheat, if the actual The Administrator may extend this weight appears on those documents, or deadline upon written request in spe- other verification); and a copy of the cific cases, when unusual and unfore- receipt for the final sale of the wheat, seen circumstances occur that prevent showing the total bushels sold and the or hinder a claimant from requesting total price received by the owner of the compensation on or before this date. grain storage facility. Claims for com- All compensation payments made pensation for the 1999–2000 crop season under this paragraph § 301.89–16(d) will must be received by APHIS on or be- be issued by APHIS. Claims for com- fore December 4, 2001. Claims for compensation should be sent to Plant Pro- pensation for the 2000–2001 crop season tection and Quarantine, APHIS, USDA, and beyond must be received by March 304 West Main Street, Olney, TX 76374. 1 of the year following that crop sea- (1) Custom harvesters. (i) Cleaning and son. The Administrator may extend disinfection of mechanized harvesting these deadlines upon written request in equipment. Custom harvesters who har- specific cases, when unusual and un- vested host crops that an inspector de- foreseen circumstances occur that pre- termined to be infected with Karnal vent or hinder a claimant from re- bunt and that were grown in Archer, questing compensation on or before Baylor, Throckmorton, or Young Coun- these dates. ties, TX, during the 2000–2001 crop sea- (2) Decontamination of grain storage fa- son are eligible to receive compensa- cilities. The owner of the facility will be tion for the cost of cleaning and dis- compensated on a one time only basis infecting their mechanized harvesting for each grain storage facility for each equipment as required by § 301.89–12(a). covered crop year wheat for the direct Compensation for the cost of cleaning costs of decontamination of the facil- and disinfection mechanized harvesting ity at the same rate described under equipment used to harvest Karnal paragraph (a) of this section (up to 50 bunt-infected host crops will be either per cent of the direct costs of decon- the actual cost or $750 per cleaned ma- tamination, not to exceed $20,000 per chine, whichever is less. To claim com- grain storage facility). Compensation pensation, a custom harvester must payments for decontamination of grain provide copies of a contract or other storage facilities will be issued by signed agreement for harvesting in Ar- APHIS, and claims for compensation cher, Baylor, Throckmorton, or Young must be submitted in accordance with County during the 2000–2001 crop sea- the provisions in paragraph (a) of this son, signed on a date prior to the des- section. Claims for compensation for ignation of the county as a regulated the 1999–2000 crop season must be re- area for Karnal bunt, or an affidavit ceived by APHIS on or before Decem- stating that the custom harvester en- ber 4, 2001. Claims for compensation for tered into an agreement to harvest in the 2000–2001 crop season and beyond Archer, Baylor, Throckmorton, or must be received by March 1 of the Young County during the 2000–2001 crop year following that crop season. The season prior to the designation of the Administrator may extend these dead- county as a regulated area for Karnal lines upon written request in specific bunt, signed by the customer with

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whom the custom harvester entered tract for harvesting in an area not reg- into the agreement; a copy of the PPQ– ulated for Karnal bunt that had been 540 certificate issued to allow the lost due to time lost to cleaning and movement of mechanized harvesting disinfecting harvesting equipment, equipment from a regulated area after signed on a date prior to the designa- it had been used to harvest host crops tion of the relevant county as a regu- that an inspector determined to be in- lated area for Karnal bunt, for which fected with Karnal bunt and had been the custom harvester will receive com- subsequently cleaned and disinfected; pensation, or an affidavit stating that and a receipt showing the cost of the the custom harvester entered into an cleaning and disinfection. agreement to harvest in an area not (ii) Contracts lost due to cleaning and regulated for Karnal bunt prior to the disinfection. Custom harvesters who designation of the county as a regu- harvested host crops that an inspector lated area for Karnal bunt and stating determined to be infected with Karnal the number of acres that were to have bunt and that were grown in Archer, been harvested and the amount the Baylor, Throckmorton, or Young Coun- custom harvester was to have been ties, TX, during the 2000–2001 crop sea- paid under the agreement, signed by son are also eligible to be compensated the customer with whom the custom for the revenue lost if they lost one harvester entered into the agreement. contract due to downtime necessitated (iii) Fixed costs incurred during clean- by cleaning and disinfection, if the con- ing and disinfection. Custom harvesters tract to harvest Karnal bunt-infected who harvested host crops that an in- host crops in a previously nonregulated area was signed before the area was de- spector determined to be infected with clared a regulated area for Karnal Karnal bunt and that were grown in bunt. Compensation will only be pro- Archer, Baylor, Throckmorton, or vided for one contract lost due to Young Counties, TX, during the 2000– cleaning and disinfection. Compensa- 2001 crop season who do not apply for tion for any contract that was lost due compensation for a contract lost due to to cleaning and disinfection will be ei- cleaning and disinfection as described ther the full value of the contract or in paragraph (d)(1)(ii) of this section $23.48 for each acre that was to have are eligible for compensation for fixed been harvested under the contract, costs incurred during cleaning and dis- whichever is less. To claim compensa- infection. Compensation for fixed costs tion, a custom harvester must provide incurred during cleaning and disinfec- copies of a contract or other signed tion will be $2,000. To claim compensa- agreement for harvesting in Archer, tion, a custom harvester must provide Baylor, Throckmorton, or Young Coun- copies of a contract or other signed ty during the 2000–2001 crop season, agreement for harvesting in Archer, signed on a date prior to the designa- Baylor, Throckmorton, or Young Coun- tion of the county as a regulated area ty during the 2000–2001 crop season, for Karnal bunt, or an affidavit stating signed on a date prior to the designa- that the custom harvester entered into tion of the county as a regulated area an agreement to harvest in Archer, for Karnal bunt, or an affidavit stating Baylor, Throckmorton, or Young Coun- that the custom harvester entered into ty during the 2000–2001 crop season an agreement to harvest in Archer, prior to the designation of the county Baylor, Throckmorton, or Young Coun- as a regulated area for Karnal bunt, ty during the 2000–2001 crop season signed by the customer with whom the prior to the designation of the county custom harvester entered into the as a regulated area for Karnal bunt, agreement; a copy of the PPQ–540 cer- signed by the customer with whom the tificate issued to allow the movement custom harvester entered into the of mechanized harvesting equipment agreement; and a copy of the PPQ–540 from a regulated area after it has been certificate issued to allow the move- used to harvest host crops that an in- ment of mechanized harvesting equip- spector determined to be infected with ment from a regulated area after it has Karnal bunt and had been subsequently been used to harvest host crops that an cleaned and disinfected; and the con- inspector determined to be infected

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with Karnal bunt and has been subse- antines the State of Maine in order to quently cleaned and disinfected. prevent the artificial spread of Euro- (2) Other equipment; cleaning and dis- pean larch canker, Lachnellula infection. Owners or lessees of equip- willkommi (Dasycypha), a dangerous ment other than mechanized har- plant disease of trees of the Larix and vesting equipment and seed condi- Pseudolarix species not hereto fore tioning equipment that came into con- widely prevalent or distributed within tact with host crops that an inspector and throughout the United States; and determined to be infected with Karnal hereby establishes regulations gov- bunt in Archer, Baylor, Throckmorton, erning the interstate movement of reg- or Young Counties, TX, during the ulated articles specified in § 301.91–2 2000–2001 crop season and that was re- (b) Restrictions on interstate movement quired by an inspector to be cleaned of regulated articles. No common carrier and disinfected are eligible for com- or other person shall move interstate pensation for the cost of cleaning and from any regulated area any regulated disinfection. Compensation for the article except in accordance with the cleaning and disinfection of such equip- conditions prescribed in this subpart. ment will be $100. To receive this compensation, owners or lessees must sub- [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001] mit a copy of the PPQ–540 certificate issued to allow the movement of the § 301.91–1 Definitions. equipment from a regulated area after it had been in contact with host crops Terms used in the singular form in that an inspector determined to be in- this subpart shall be construed as the fected with Karnal bunt and had been plural and vice versa, as the case may subsequently cleaned and disinfected. demand. The following terms, when used in this subpart, shall be con- (Approved by the Office of Management and strued, respectively, to mean: Budget under control number 0579–0248) Certificate. A document which is [63 FR 31600, June 10, 1998, as amended at 64 issued for a regulated article by an in- FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, spector or by a person operating under 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, a compliance agreement, and which July 8, 2004; 70 FR 24302, May 9, 2005] represents that such article is eligible for interstate movement in accordance Subpart V—Corn Cyst Nematode with § 301.91–5(a). [Reserved] Compliance agreement. A written agreement between Plant Protection Subpart W—European Larch and Quarantine and a person engaged Canker in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the pro- SOURCE: 49 FR 18992, May 4, 1984, unless otherwise noted. Redesignated at 84 FR 2428, visions of this subpart and any condi- Feb. 7, 2019. tions imposed pursuant thereto. Deputy Administrator. The Deputy Ad- QUARANTINE AND REGULATIONS ministrator of the Animal and Plant Health Inspection Service for Plant § 301.91 Quarantine and regulations; Protection and Quarantine, or any offi- restrictions on interstate movement cer or employee of the Department to of regulated articles. 1 whom authority to act in his/her stead (a) Quarantines and regulations. The has been or may hereafter be delegated. secretary of agriculture hereby quar- European larch canker. The plant disease known as European larch canker, 1 Any properly identified inspector is au- Lachnellula willkommi (Dasycypha), in thorized to stop and inspect persons and any stage of development. means of conveyance, and to seize, quar- Infestation. The presence of European antine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated larch canker or the existence of cir- articles as provided in sections 414, 421, and cumstances that make it reasonable to 434 of the Plant Protection Act (7 U.S.C. 7714, believe that the European larch canker 7731, and 7754). is present.

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Inspector. Any employee of Plant Pro- material of the Larix or Pseudolarix spp. tection and Quarantine, Animal and except seeds; Plant Health Inspection Service, U.S. (b) Any other product, article, or Department of Agriculture, or other means of conveyance, of any character person, authorized by the Deputy Ad- whatsoever, not covered by paragraph ministrator in accordance with law to (a) of this section, when it is deter- enforce the provisions of the quar- mined by an inspector that it presents antines and regulations in this subpart. a risk of spread of European larch can- Interstate. From any State into or ker and the person in possession there- through any other State. of has actual notice that the product, Limited permit. A document which is article or means of conveyance is sub- issued for a regulated article by an in- ject to the restrictions in the quar- spector or by a person operating under antine and regulations. a compliance agreement, and which represents that such regulated article § 301.91–3 Regulated areas. is eligible for interstate movement in (a) Except as otherwise provided in accordance with § 301.91–5(b). paragraph (b) of this section, the Dep- Moved (movement, move). Shipped, of- uty Administrator shall list as a regu- fered for shipment to a common car- lated area in paragraph (c) of this sec- rier, received for transportation or tion, the State, or any portion thereof, transported by a common carrier, or in which European larch canker has carried, transported, moved, or allowed been found by an inspector or in which to be moved or caused to be moved by the Deputy Administrator has reason any means. ‘‘Movement’’ and ‘‘move’’ to believe that European larch canker shall be construed accordingly. is present, or any portion of a quar- Person. Any individual, partnership, antined State which the Deputy Ad- corporation, company, society, associa- ministrator deems necessary to regu- tion, or other organized group. late because of its proximity to a Euro- Plant Protection and Quarantine. The pean larch canker infestation or its in- organizational unit within the Animal separability for quarantine enforce- and Plant Health Inspection Service, ment purpose from localities in which U.S. Department of Agriculture, dele- European larch canker occurs. Less gated responsibility for enforcing pro- than an entire quarantined State will visions of the Plant Protection Act and be designated as a regulated area only related legislation, quarantines, and if the Deputy Administrator deter- regulations. mines that: Regulated area. Any State, or any (1) The State has adopted and is en- portion thereof, listed in § 301.91–3(c) or forcing a quarantine or regulation otherwise designated as a regulated which imposes restrictions on the area in accordance with § 301.91–3(b). intrastate movement of the regulated Regulated article. Any article listed in articles which are substantially the § 301.91–2(a) or otherwise designated as same as those which are imposed with a regulated article in accordance with respect to the interstate movement of § 301.91–2(b). such articles under this subpart; and State. Each of the several States of (2) The designation of less than the the United States, the District of Co- entire State as a regulated area will lumbia, Guam, the Northern Mariana otherwise be adequate to prevent the Islands, Puerto Rico, the Virgin Islands artifical interstate spread of European of the United States and all other Ter- larch canker. ritories and Possessions of the United States. (b) The Deputy Administrator or an inspector may temporarily designate [49 FR 18992, May 4, 1984, as amended at 66 any nonregulated area in a quarantined FR 21053, Apr. 27, 2001] State as a regulated area in accordance with the criteria specified in paragraph § 301.91–2 Regulated articles. (a) of this section for listing such area. The following are regulated articles: Written notice of such designation (a) Logs, pulpwood, branches, twigs, shall be given to the owner or person in plants, scion and other propagative possession of such nonregulated area,

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and, thereafter, the interstate move- (a) With a certificate or limited per- ment of any regulated article from mit issued and attached in accordance such area shall be subject to the appli- with §§ 301.91–5 and 301.91–8 of this sub- cable provisions of this subpart. As part; or soon as practicable, such area shall be (b) Without a certificate or limited added to the list in paragraph (c) of permit; this section or such designation shall (1) If moved to a contiguous regu- be terminated by the Deputy Adminis- lated area; or trator or an inspector, and notice (2)(i) If moved directly through thereof shall be given to the owner or (moved without stopping except under person in possession of the area. normal traffic conditions such as traf- (c) The areas described below are des- fic lights or stop signs) any regulated ignated as regulated areas: area in an enclosed vehicle or in an enclosed container on a vehicle to pre- MAINE vent the introduction of European Hancock County. The entire townships of larch canker; Gouldsboro, Sorrento, Sullivan, T7 SD, T9 (ii) If the article originated outside SD, T10 SD, and T16 MD, and Winter Harbor. of any regulated area; and Knox County. The entire townships of Ap- (iii) If the point of origin of any arti- pleton, Camden, Cushing, Friendship, Hope, cle is clearly indicated by shipping doc- Owls Head, Rockland, Rockport, Saint uments and its identity has been main- George, South Thomaston, Thomaston, tained. Union, Warren, and Washington. Lincoln County. The entire townships of § 301.91–5 Issuance and cancellation of Alna, Boothbay, Boothbay Harbor, Bremen, certificates and limited permits. Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, Nobleboro, Somerville, South (a) A certificate shall be issued by an Bristol, Southport, Waldoboro, Westport Is- inspector, except as provided in para- land, and Wiscasset. graph (c) of this section, for the move- Waldo County. The entire townships of ment of a regulated article if such in- Lincolnville and Searsmont. spector: Washington County. The entire townships (1)(i) Determines based on inspection of Addison, Baring Plantation, Beals, of the premises of origin that the prem- Beddington, Berry Township, Calais, ises are free from European larch can- Cathance Township, Centerville Township, ker; or Charlotte, Cherryfield, Columbia, Columbia Falls, Cooper, Cutler, Deblois, Dennysville, (ii) Determines that it has been East Machias, Eastport, Edmunds Township, grown, processed, stored, or handled in Harrington, Jonesboro, Jonesport, Lubec, such a manner that the regulated arti- Machias, Machiasport, Marion Township, cle is free of European larch canker; Marshfield, Meddybemps, Milbridge, and Northfield, Pembroke, Perry, Robbinston, (2) Determines that it is to be moved Roque Bluffs, Steuben, T18 MD BPP, T19 MD in compliance with any additional con- BPP, T24 MD BPP, T25 MD BPP, Trescott ditions deemed necessary under section Township, Whiting, and Whitneyville. 414 of the Plant Protection Act (7 [49 FR 18992, May 4, 1984, as amended at 49 U.S.C. 7714) 3 to prevent the spread of FR 36817, Sept. 20, 1984; 50 FR 7033, Feb. 20, European larch canker; and 1985; 50 FR 13178, Apr. 3, 1985; 76 FR 52544, (3) Determines that it is eligible for Aug. 23, 2011] unrestricted movement under all other Federal domestic plant quarantines § 301.91–4 Conditions governing the interstate movement of regulated and regulations applicable to such arti- articles from regulated areas in cle. quarantined States. 2 (b) A limited permit shall be issued by an inspector, except as provided in Any regulated article may be moved paragraph (c) of this section, for the interstate from any regulated area in a quarantined State only if moved under the following conditions: 3 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant 2 Requirements under all other applicable pests, or other articles in accordance with Federal domestic plant quarantines must sections 414, 421, and 434 of the Plant Protec- also be met. tion Act (7 U.S.C. 7714, 7731, and 7754).

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movement of a regulated article if such The Deputy Administrator shall grant inspector: or deny the appeal, in witing, stating (1) Determines, in consultation with the reasons for such decision, as the Deputy Administrator, that it is to promptly as circmstances permit. If be moved to a specified destination for there is a conflict as to any material specified handling, utilization, or proc- fact, a hearing shall be held to resolve essing (such destination and other con- such conflict. Rules of Practice conditions to be specified on the limited cerning such a hearing will be adopted permit), when, upon evaluation of all of by the Deputy Administrator. the circumstances involved in each [49 FR 18992, May 4, 1984, as amended at 66 case, it is determined that such move- FR 21053, Apr. 27, 2001] ment will not result in the spread of European larch canker because the dis- § 301.91–6 Compliance agreement and ease will be destroyed by such specified cancellation thereof. handling, utilization, or processing; (a) Any person engaged in the busi- (2) Determines that it is to be moved ness of growing, handling, or moving in compliance with any additional con- regulated articles may enter into a ditions deemed necessary under section compliance agreement to facilitate the 414 of the Plant Protection Act (7 movement of regulated articles under U.S.C. 7714) 3 to prevent the spread of this subpart. 4 The compliance agree- European larch canker; and ment shall be a written agreement be- (3) Determines that it is eligible for tween a person engaged in such a busi- such movement under all other Federal ness and Plant Protection and Quar- domestic plant quarantines and regula- antine, wherein the person agrees to tions applicable to such article. comply with the provisions of this sub- (c) Certificates and limited permits part and any conditions imposed pursu- may be issued by any person engaged ant thereto. in the business of growing, handling, or (b) Any compliance agreement may moving regulated articles provided be cancelled orally or in writing by the such person has entered into and is op- inspector who is supervising its en- erating under a compliance agreement. forcement whenever the inspector finds Any such person may execute and issue that such person has failed to comply a certificate or limited permit for the with the provisions of this subpart or interstate movement of a regulated ar- any conditions imposed pursuant ticle if an inspector has previously thereto. If the cancellation is oral, the made the determination that the arti- decision and the reasons therefor shall cle is eligible for a certificate in ac- be confirmed in writing, as promptly as cordance with § 301.91–5(a) or is eligible circumstances permit. Any person for a limited permit in accordance with whose compliance agreement has been § 301.91–5(b). cancelled may appeal the decision, in (d) Any certificate or limited permit writing, to the Deputy Administrator which has been issued or authorized within ten (10) days after receiving may be withdrawn by an inspector if written notification of the cancella- such inspector determines that the tion. The appeal shall state all of the holder thereof has not complied with facts and reasons upon which the per- any conditions under the regulations son relies to show that the compliance for the use of such document. The rea- agreement was wrongfully cancelled. sons for the withdrawal shall be con- The Deputy Administrator shall grant firmed in writing as promptly as cir- or deny the appeal, in writing, stating cumstances permit. Any person whose the reasons for such decision, as certificate or limited permit has been withdrawn may appeal the decision in 4 Compliance agreement forms are avail- writing to the Deputy Administrator able without charge from the Animal and within ten (10) days after receiving the Plant Health Inspection Service, Plant Pro- written notification of the withdrawal. tection and Quarantine, Domestic and Emer- gency Operations, 4700 River Road Unit 134, The appeal shall state all of the facts Riverdale, Maryland 20737–1236, and from and reasons upon which the person re- local offices of the Plant Protection and lies to show that the certificate or lim- Quarantine. (Local offices are listed in tele- ited permit was wrongfully withdrawn. phone directories).

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promptly as circumstances permit. If cate, limited permit, or shipping docu- there is a conflict as to any material ment to identify such article. fact, a hearing shall be held to resolve (b) The certificate or limited permit such conflict. Rules of Practice con- for the movement of a regulated article cerning such a hearing will be adopted shall be furnished by the carrier to the by the Deputy Administrator. consignee at the destination of the [49 FR 18992, May 4, 1984, as amended at 59 shipment. FR 67609, Dec. 30, 1994] § 301.91–9 Costs and charges. § 301.91–7 Assembly and inspection of The services of the inspector shall be regulated articles. furnished without cost, except as pro- (a) Any person (other than a person vided in 7 CFR part 354. The U.S. De- authorized to issue certificates or lim- partment of Agriculture will not be re- ited permits under § 301.91–5(c)), who sponsible for any costs or charges inci- desires to move interstate a regulated dent to inspections or compliance with article accompanied by a certificate or the provisions of the quarantine and limited permit shall, as far in advance as possible (should be no less than 48 regulations in this subpart, other than hours before the desired movement), for the services of the inspector. request an inspector 5 to take any necessary action under this subpart prior Subpart X—Phytophthora to movement of the regulated article. Ramorum (b) Such articles shall be assembled at such point and in such manner as SOURCE: 72 FR 8597, Feb. 27, 2007, unless the inspector designates as necessary otherwise noted. Redesignated at 84 FR 2428, to comply with the requirements of Feb. 7, 2019. this subpart. [49 FR 18992, May 4, 1984, as amended at 59 § 301.92 Restrictions on interstate FR 67609, Dec. 30, 1994] movement. (a) No person may move interstate § 301.91–8 Attachment and disposition from any quarantined area any regu- of certificates and limited permits. lated, restricted, or associated article (a) A certificate or limited permit re- or any other nursery stock except in quired for the interstate movement of accordance with this subpart. 1 a regulated article, at all times during (b) No person may move interstate such movement, shall be securely at- from any regulated establishment any tached to the outside of the containers regulated, restricted, or associated ar- containing the regulated article, se- ticles except in accordance with this curely attached to the article itself if not in a container, or securely at- subpart. tached to the consignee’s copy of the (c) No person may move interstate accompanying waybill or other ship- from any quarantined area or regulated ping document; Provided, however, That establishment any regulated restricted, the requirements of this section may or associated article or nursery stock be met by attaching the certificate or that has been tested with a test ap- limited permit to the consignee’s copy proved by APHIS and found infected of the waybill or other shipping docu- with Phytophthora ramorum, or that is ments only if the regulated article is part of a plant that was found infected sufficiently described on the certifi- with Phytophthora ramorum, unless

5 Inspectors are assigned to local offices of 1 Plant Protection and Quarantine which are Any properly identified inspector is au- listed in telephone directories. Information thorized to stop and inspect persons and concerning such local offices may also be ob- means of conveyance and to seize, quar- tained from the Animal and Plant Health In- antine, treat, apply other remedial measures spection Service, Plant Protection and Quar- to, destroy, or otherwise dispose of regulated antine, Domestic and Emergency Operations, or restricted articles as provided in sections 4700 River Road Unit 134, Riverdale, Mary- 414, 421, and 434 of the Plant Protection Act land 20737–1236. (7 U.S.C. 7714, 7731, and 7754).

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such movement is in accordance with Interstate. From any State into or part 330 of this chapter. through any other State. [72 FR 8597, Feb. 27, 2007, as amended at 84 Log. The bole of a tree; trimmed tim- FR 16192, Apr. 18, 2019] ber that has not been sawn further than to form cants. § 301.92–1 Definitions. Lot. A contiguous block of plants of Administrator. The Administrator, the same species or cultivar, of the Animal and Plant Health Inspection same container size and from the same Service, or any person authorized to source, if known. act for the Administrator. Lumber. Logs that have been sawn Animal and Plant Health Inspection into boards, planks, or structural mem- Service. The Animal and Plant Health bers such as beams. Inspection Service (APHIS) of the Moved (move, movement). Shipped, of- United States Department of Agri- fered for shipment, received for trans- culture. portation, transported, carried, or al- Associated article. Any article listed lowed to be moved, shipped, trans- in § 301.92–2(c). ported, or carried. Bark chips. Bark fragments broken or Mulch. Bark chips, wood chips, wood shredded from a log or tree. shavings, or sawdust, or a mixture Certificate. A document, stamp, or im- thereof, that could be used as a protec- print by which an inspector or person tive or decorative ground cover or as operating under a compliance agree- part of a growing media mixture. ment affirms that a specified regulated Non-host nursery stock. Any taxa of or associated article meets applicable nursery stock not listed in § 301.92–2 as requirements of this subpart and may a regulated or associated article. be moved interstate to any destination. Nursery. Any location where nursery Compliance agreement. A written stock is grown, propagated, stored, or agreement between APHIS and a per- sold, or any location from which nurs- son engaged in growing, processing, ery stock is distributed. Locations that handling, or moving regulated or asso- grow trees for sale without roots (e.g., ciated articles, wherein the person as Christmas trees) are considered to agrees to comply with this subpart. be nurseries for the purposes of this Duff. Decaying plant matter that in- subpart. cludes leaf litter, green waste, stem Nursery stock. All plants for planting, material, bark, and any other plant including houseplants, propagative ma- material that, upon visual inspection, terial that is grown in a nursery, and does not appear to have completely de- tree seedlings for reforestation, except composed. the following: Seeds; turf or sod; bulbs, Firewood. Wood that has been cut, tubers, corms, or rhizomes; 2 green- sawn, or chopped into a shape and size house grown cactus, succulents, and or- commonly used for fuel, or other wood chids; aquarium grown aquatic plants; intended for fuel. greenhouse, container, or field grown Forest stock. All flowers, trees, palms; greenhouse, container, or field shrubs, vines, scions, buds, or other grown cycads, and tissue culture plants plants that are wild-grown, backyard- grown in vitro; and plants meeting the grown, or naturally occurring. definition of forest stock. From. An article is considered to be Permit. A written authorization ‘‘from’’ a specific site or location for issued by APHIS to allow the inter- the purposes of this subpart if it was state movement of restricted articles grown or propagated in, stored or sold, in accordance with part 330 of this or distributed from the site or location. chapter. Growing media. Any material in Person. Any association, company, which plant roots are growing or incorporation, firm, individual, joint tended for that purpose. Inspector. Any employee of APHIS, 2 Bulbs, tubers, corms, or rhizomes are only the U.S. Department of Agriculture, or considered nursery stock (and therefore, reg- other person authorized by the Admin- ulated under this subpart) if they are of istrator to perform the duties required plant taxa listed in § 301.92–2 as regulated ar- under this subpart. ticles or associated articles.

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stock company, partnership, society, (1) Nursery stock, decorative trees or other entity. without roots, unprocessed wood and Plant Protection and Quarantine. The wood products, and plant products, in- Plant Protection and Quarantine pro- cluding firewood, logs, lumber, 4 gram of the Animal and Plant Health wreaths, garlands, and greenery of Inspection Service, United States De- proven host plant taxa listed in para- partment of Agriculture. graph (d) of this section. Quarantined area. Any State, or any (2) Soil and growing media. portion of a State, listed in § 301.92– (3) Any other product or article that 3(a)(3) of this subpart or otherwise des- an inspector determines to present a ignated as a quarantined area in ac- risk of spreading Phytophthora ramorum cordance with § 301.92–3(a)(2) of this if an inspector notifies the person in subpart. possession of the product or article Regulated article. Any article listed in that it is subject to the restrictions in § 301.92–2(b) of this subpart. the regulations. Restricted article. Any article listed in (c) Associated articles. The following § 301.92–2(a) of this subpart. are associated articles: Nursery stock Regulated establishment. Any nursery of associated plant taxa listed in para- regulated by APHIS pursuant to graph (e) of this section. § 301.92–3(b). (d) Proven host plant taxa. The fol- Soil. The loose surface material of the lowing are proven hosts of earth in which plants grow, in most Phytophthora ramorum: cases consisting of disintegrated rock *Acer macrophyllum Bigleaf maple with an admixture of organic material. Acer pseudoplatanus Planetree maple State. The District of Columbia, Puer- *Adiantum aleuticum Western maidenhair to Rico, the Northern Mariana Islands, fern or any State, territory, or possession of *Adiantum jordanii California maidenhair the United States. fern *Aesculus californica California buckeye [72 FR 8597, Feb. 27, 2007, as amended at 84 Aesculus hippocastanum horse chestnut FR 16192, Apr. 18, 2019] *Arbutus menziesii Madrone *Arctostaphylos manzanita Manzanita § 301.92–2 Restricted, regulated, and *Calluna vulgaris Scotch heather associated articles; lists of proven *Camellia spp. Camellia—all species, hybrids hosts and associated plant taxa. and cultivars *Castanea sativa Sweet chestnut (a) Restricted articles. The following *Cinnamomum camphora Camphor tree are restricted articles: Fagus sylvatica European beech (1) Bark chips or mulch 3 located in a *Frangula californica (≡Rhamnus californica) quarantined area and that are proven California coffeeberry host plant taxa listed in paragraph (d) *Frangula purshiana (≡Rhamnus purshiana) of this section. Cascara (2) Forest stock located or grown in a Fraxinus excelsior European ash *Gaultheria procumbens, Eastern teaberry quarantined area and that are proven *Griselinia littoralis Griselinia host plant taxa or associated plant *Hamamelis virginiana Witch hazel taxa listed in paragraph (d) or (e) of *Heteromeles arbutifolia Toyon this section. *Kalmia spp. Kalmia—includes all species, (3) Any other product or article that hybrids, and cultivars an inspector determines to present a *Laurus nobilis Bay laurel risk of spreading Phytophthora Lithocarpus densiflorus Tanoak ramorum, if an inspector notifies the *Lonicera hispidula California honeysuckle *Maianthemum racemosum (=Smilacina person in possession of the product or racemosa) False Solomon’s seal article that it is a restricted article. *Michelia doltsopa Michelia (b) Regulated articles. The following *Parrotia persica Persian ironwood are regulated articles: *Photinia fraseri Red tip photinia

3 Bark chips or mulch of species listed in 4 Firewood, logs, and lumber of species list- paragraph (d) of this section and that are ed in paragraph (d) of this section and that marked with an asterisk (*) are not re- are marked with an asterisk (*) are not regu- stricted articles. lated articles.

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*Pieris spp. Pieris—includes all species, hy- Leucothoe fontanesiana Drooping leucothoe brids, and cultivars Loropetalum chinense Lorapetalum *Pseudotsuga menziesii var. menziesii and all Magnolia denudata Lily tree nursery-grown P. menziesii Douglas fir Magnolia grandiflora Southern magnolia Quercus agrifolia Coast live oak Magnolia stellata Star magnolia Quercus cerris European turkey oak Magnolia × loebneri Loebner magnolia Quercus chrysolepis Canyon live oak Magnolia × soulangeana Saucer magnolia Quercus falcata Southern red oak Mahonia nervosa Creeping Oregon grape *Quercus ilex Holm oak Manglietia insignis Red lotus tree Quercus kelloggii California black oak Michelia maudiae Michelia Quercus parvula var. shrevei and all nursery Michelia wilsonii Michelia grown Q. parvula Shreve’s oak Molinadendron sinaloense *Rhododendron spp. Rhododendron (including Nerium oleander Oleander azalea)—includes all species, hybrids, and Nothofagus obliqua Roble beech cultivars Osmanthus decorus (≡Phillyrea decora; ≡P. *Rosa gymnocarpa Wood rose vilmoriniana) Osmanthus *Salix caprea Goat willow Osmanthus delavayi Delavay Osmanthus, *Sequoia sempervirens Coast redwood Delavay tea olive *Syringa vulgaris Lilac Osmanthus fragrans Sweet olive *Taxus baccata European yew Osmanthus heterophyllus Holly olive *Trientalis latifolia Western starflower Osmorhiza berteroi Sweet Cicely *Umbellularia californica California bay lau- Parakmeria lotungensis Eastern joy lotus tree rel, pepperwood, Oregon myrtle Pittosporum undulatum Victorian box *Vaccinium ovatum Evergreen huckleberry Prunus laurocerasus English laurel, cherry *Viburnum spp. Viburnum-all species, hy- laurel brids, and cultivars Prunus lusitanica Portuguese laurel cherry Pyracantha koidzumii Formosa firethorn (e) Associated plant taxa. The fol- Quercus acuta Japanese evergreen oak lowing plant taxa are considered to be Quercus petraea Sessile oak associated with Phytophthora ramorum: Quercus rubra Northern red oak Rosa (specific cultivars) Abies concolor White fir Royal Bonica (tagged: ‘‘MEImodac’’) Abies grandis Grand fir Pink Meidiland (tagged: ‘‘MEIpoque’’) Abies magnifica Red fir Pink Sevillana (tagged: ‘‘MEIgeroka’’) Acer circinatum Vine maple Rosa rugosa Rugosa rose Acer davidii Striped bark maple Rubus spectabilis Salmonberry Acer laevigatum Evergreen maple Schima wallichii Chinese guger tree Arbutus unedo Strawberry tree Taxus brevifolia Pacific yew Arctostaphylos columbiana Manzanita Taxus × media Yew Arctostaphylos uva-ursi Kinnikinnick, Torreya californica California nutmeg bearberry Toxicodendron diversilobum Poison oak Ardisia japonica Ardisia Trachelospermum jasminoides Star jasmine, Calycanthus occidentalis Spicebush confederate jasmine Castanopsis orthacantha Castanopsis Vancouveria planipetala Redwood ivy Ceanothus thyrsiflorus Blueblossom Veronica spicata Syn. Pseudolysimachion Cinnamomum camphora Camphor tree spicatum Spiked speedwell Clintonia andrewsiana Andrew’s clintonia bead lily [72 FR 8597, Feb. 27, 2007, as amended at 84 Cornus kousa × Cornus capitata Cornus Nor- FR 16192, Apr. 18, 2019] man Haddon Corylus cornuta California hazelnut § 301.92–3 Quarantined areas and reg- Distylium myricoides Myrtle-leafed distylium ulated establishments. Drimys winteri Winter’s bark (a) Quarantined areas. (1) Except as Dryopteris arguta California wood fern Eucalyptus haemastoma Scribbly gum otherwise provided in paragraph (a)(2) Euonymus kiautschovicus Spreading of this section, the Administrator will euonymus designate as a quarantined area in Fraxinus latifolia Oregon ash paragraph (a)(3) of this section each Gaultheria shallon Salal, Oregon wintergreen State, or each portion of a State, in Hamamelis mollis Chinese witch-hazel which Phytophthora ramorum has been Hamamelis × intermedia (H. mollis & H. japon- confirmed by an inspector to be estab- ica) Hybrid witchhazel lished in the natural environment, in Ilex cornuta Buford holly, Chinese holly Ilex purpurea Oriental holly which the Administrator has reason to Illicium parviflorum Yellow anise believe that Phytophthora ramorum is Larix kaempferi Japanese larch present in the natural environment, or Leucothoe axillaris Fetter-bush, dog hobble that the Administrator considers it

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necessary to quarantine because of its Santa Clara County. The entire coun- inseparability for quarantine enforce- ty. ment purposes from localities in which Santa Cruz County. The entire coun- Phytophthora ramorum has been found ty. in the natural environment. Less than Solano County. The entire county. an entire area will be designated as a Sonoma County. The entire county. quarantined area only if the Adminis- Trinity County. The entire county. trator determines that: (i) The State has adopted and is en- Oregon forcing restrictions on the intrastate movement of regulated, restricted, and Curry County. The following portion associated articles that are substan- of Curry County that lies inside the tially the same as those imposed by area starting at the point where the this subpart on the interstate move- mouth of the Rogue River meets the ment of regulated, restricted, and asso- Pacific Ocean and continuing east ciated articles; and along the Rogue River to the northeast (ii) The designation of less than the corner of T35S R12W section 31; then entire State as a quarantined area will south to the northeast corner of T38S prevent the interstate spread of R12W section 18; then east to the Phytophthora ramorum. northeast corner of T38S R12W section (2) The Administrator or an inspector 13; then south to northeast corner of may temporarily designate any non- T38S R12W section 25; then east to the quarantined area as a quarantined area northeast corner of T38S R11W section in accordance with paragraph (a)(1) of this section. The Administrator will 29; then south to the northeast corner give a copy of this regulation along of T40S R11W section 8; then east to with a written notice for the tem- the northeast corner of T40S R11W sec- porary designation to the owner or per- tion 10; then south to the State border son in possession of the nonquar- with California; then west to the inter- antined area. Thereafter, the interstate section of the State border and U.S. movement of any regulated, restricted, Highway 101; then northwest along U.S. or associated article from an area tem- Highway 101 to the intersection with porarily designated as a quarantined West Benham Lane; then west along area will be subject to this subpart. As West Benham Lane to the Pacific soon as practicable, this area will be Coastline; then following the Pacific added to the list in paragraph (a)(3) of Coastline northwest to the point of be- this section or the designation will be ginning. terminated by the Administrator or an (b) Regulated establishments—(1) Des- inspector. The owner or person in pos- ignation. The Administrator will des- session of an area for which designa- ignate a nursery that is not located in tion is terminated will be given notice a quarantined area for Phytophthora of the termination as soon as prac- ramorum as a regulated establishment ticable. for Phytophthora ramorum if the nurs- (3) The following areas are designated ery ships regulated, restricted, or asso- as quarantined areas: ciated articles interstate and sources California of Phytophthora ramorum are detected on nursery stock, or in soil, growing Alameda County. The entire county. media, pots used for nursery stock, Contra Costa County. The entire coun- standing water, drainage water, water ty. used for irrigation, or any other regu- Humboldt County. The entire county. Lake County. The entire county. lated, restricted, or associated articles Marin County. The entire county. at the nursery. Mendocino County. The entire county. (2) Deregulation. The Administrator Monterey County. The entire county. will withdraw regulation of a regulated Napa County. The entire county. establishment if, for 3 consecutive San Francisco County. The entire years, each time the nursery is in- county. spected by an inspector, it is found free San Mateo County. The entire county.

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of sources of Phytophthora ramorum (B) Is abiding by all terms and condi- inoculum. tions of that compliance agreement; and (Approved by the Office of Management and (C) Is approved by APHIS to test and/ Budget under control number 0579–0310) or analyze such samples. [84 FR 16193, Apr. 18, 2019] (b) Interstate movement of restricted articles from quarantined areas. Restricted § 301.92–4 Conditions governing the articles may be moved interstate from interstate movement of regulated, a quarantined area 6 only in accordance restricted, and associated articles, with this section. and non-host nursery stock from (1) With a permit. Any restricted arti- quarantined and regulated establishments. cle may be moved interstate from a quarantined area only if the article is (a) Interstate movement of regulated moved pursuant to a permit issued by and associated articles from quarantined the Administrator in accordance with areas. Regulated and associated arti- part 330 of this chapter. cles may be moved interstate from a (2) Without a permit. (i) The restricted quarantined area 5 only in accordance article originated outside the quar- with this subpart. antined area and the point of origin of (1) With a certificate. Any regulated or the article is indicated on the waybill associated article may be moved inter- of the vehicle transporting the article; state from a quarantined area if ac- and companied by a certificate issued and (ii) The restricted article is moved attached in accordance with §§ 301.92–5 from outside the quarantined area and 301.92–8, and provided that the reg- through the quarantined area without ulated or associated article is moved stopping except for refueling or for through the quarantined area without traffic conditions, such as traffic lights stopping except for refueling, rest or stop signs, and the article is not un- stops, emergency repairs, and for traf- packed or unloaded in the quarantined fic conditions, such as traffic lights or area. stop signs. (c) Interstate movement of nursery stock (2) Without a certificate. (i)(A) The from nurseries in quarantined areas—(1) regulated article or associated article Regulated articles of nursery stock and originated outside the quarantined associated articles. Regulated articles of nursery stock and associated articles area and the point of origin of the arti- may only be moved interstate from cle is indicated on the waybill of the nurseries in quarantined areas in ac- vehicle transporting the article; and cordance with paragraph (a) of this sec- (B) The regulated or associated arti- tion. cle is moved from outside of the quar- (2) Non-host nursery stock. Any nurs- antined area through the quarantined ery stock of a taxon not listed in area without stopping except for re- § 301.92–2 as a regulated or associated fueling or for traffic conditions, such article may only be moved interstate as traffic lights or stop signs, and the from nurseries in quarantined areas as article is not unpacked or unloaded in follows: the quarantined area. (i) With a certificate. If the non-host (ii) Soil samples may be moved from nursery stock originates from a nurs- a quarantined area for Phytophthora ery in a quarantined area that contains ramorum for chemical or physical regulated or associated articles, the (compositional) analysis provided that nursery stock must be accompanied by they are moved to a laboratory; and a certificate issued and attached in ac- that laboratory: cordance with §§ 301.92–5 and 301.92–8, (A) Has entered into and is operating and be moved through the quarantined under a compliance agreement with area without stopping except for re- APHIS in accordance with § 301.92–6; fueling, rest stops, emergency repairs, and for traffic conditions, such as traf- 5 Requirements under all other applicable fic lights or stop signs. Federal domestic plant quarantines and regulations must also be met. 6 See footnote 4 of this subpart.

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(ii) Without a certificate. If the non- spector in accordance with part 305 of host nursery stock originates from a this chapter; or nursery in a quarantined area that (ii) The regulated articles are wood does not contain regulated or associ- products such as firewood, logs, or lum- ated articles, the nursery stock may be ber that are free of bark; 10 or moved interstate without a certificate, (iii) The regulated article is soil or provided that: growing media that has not been in di- (A) The nursery from which plants rect physical contact with any article originate has been inspected and found infected with Phytophthora ramorum, free of evidence of Phytophthora and from which all duff has been re- ramorum in accordance with § 301.92– moved; or 11(b)(3), and (iv) The articles are nursery stock or (B) The nursery stock is not rooted regulated articles of decorative trees in soil or growing media. 7 without roots, wreaths, garlands, or (d) Interstate movement of regulated, re- greenery that: stricted, and associated articles from regu- (A)(1) Are shipped from a nursery lated establishments. Regulated, re- that has been inspected in accordance stricted, and associated articles may be with the inspection and sampling protocol described in § 301.92–11(a)(1), and moved interstate from a regulated es- the nursery is free of evidence of tablishment if the regulated establish- Phytophthora ramorum infestation; or ment has entered into a compliance (2) Are shipped from a nursery that agreement with APHIS in accordance has been inspected in accordance with with § 301.92–6, and the articles are ac- the inspection and sampling protocol companied by a certificate issued in ac- described in § 301.92–11(a)(2), and the cordance with § 301.92–5. nursery is free of evidence of [72 FR 8597, Feb. 27, 2007, as amended at 84 Phytophthora ramorum infestation; or FR 16193, Apr. 18, 2019] (3) Are shipped from a nursery that has been inspected in accordance with § 301.92–5 Issuance and cancellation of the inspection and sampling protocol certificates. described in § 301.92–11(a)(2), is not free (a) Movements from quarantined areas. of evidence of Phytophthora ramorum (1) An inspector 8 may issue a certifi- infestation, but has entered into and is cate for the interstate movement of operating under a compliance agree- regulated articles, associated articles, ment with APHIS, and is determined or non-host nursery stock 9 from a by an inspector to be abiding by all quarantined area if the inspector deter- terms and conditions of that agree- mines that: ment; and (i) The regulated articles have been (B) Are part of a shipment of nursery treated under the direction of an in- stock, decorative trees without roots, wreaths, garlands, or greenery that has been inspected prior to interstate 7 To be eligible for interstate movement, movement in accordance with § 301.92– non-host nursery stock that is rooted in soil 11(a)(2), and the regulated articles in or growing media requires certification that the soil or growing media meets the require- the shipment are free of evidence of ments of § 301.92–5(a)(1)(iii). Phytophthora ramorum infection; and 8 Services of an inspector may be requested (C) Have been kept separate from reg- by contacting local offices of Plant Protec- ulated and associated articles and non- tion and Quarantine, which are listed in tele- host nursery stock not inspected be- phone directories. The addresses and tele- tween the time of the inspection and phone numbers of local offices may also be the time of interstate movement; and obtained from the Animal and Plant Health (D) Have not been grown in, or moved Inspection Service, Plant Protection and from, other areas within a quarantined Quarantine, Invasive Species and Pest Man- agement, 4700 River Road Unit 160, River- area except nurseries that are annually dale, MD 20737, or the APHIS Web site at inspected for Phytophthora ramorum in http://www.aphis.usda.gov/ppq/sphd/. 9 Paragraph (d)(2)(ii) of § 301.92–4 allows the 10 Firewood, logs, lumber of species listed interstate movement of non-host nursery in 301.92–2(d) and marked with an asterisk stock without a certificate under certain are not regulated articles, as noted in conditions. § 301.92–2(b)(1).

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accordance with § 301.92–11 and that tion Act (7 U.S.C. 7714) or other Federal have been found free of evidence of domestic plant quarantines and regula- Phytophthora ramorum infestation, ex- tions. cept that certified nurseries which re- (c) Certificates issued under para- ceive articles from a non-certified graphs (a) and (b) of this section may nursery in a quarantined or regulated be issued by any person engaged in the area may continue to ship other plants business of growing, processing, han- interstate, provided that the dling, or moving regulated or associ- uncertified plants are safeguarded, seg- ated articles or nursery stock provided regated, and withheld from interstate such person has entered into and is op- movement until the plants are in- erating under a compliance agreement spected and tested and found free of in accordance with § 301.92–6. Any such evidence of Phytophthora ramorum. person may execute and issue a certifi- (v) The regulated or associated arti- cate for the interstate movement of cle or non-host nursery stock is to be regulated or associated articles or moved in compliance with any addi- nursery stock if an inspector has pre- tional emergency conditions the Ad- viously made the determination that ministrator may impose under section the article is eligible for a certificate 414 of the Plant Protection Act (7 in accordance with any applicable sec- U.S.C. 7714) 11 to prevent the spread of tion of this subpart. Phytophthora ramorum; and (d) Any certificate that has been (vi) The regulated or associated arti- issued may be withdrawn, either orally cle or non-host nursery stock is eligi- or in writing, by an inspector if he or ble for unrestricted movement under she determines that the holder of the all other Federal domestic plant quar- certificate has not complied with all antines and regulations applicable to conditions in this subpart for the use of the regulated or associated article. the certificate. If the withdrawal is (2) [Reserved] oral, the withdrawal and the reasons (b) Movements from regulated establish- for the withdrawal will be confirmed in ments. An inspector may issue a certifi- writing as promptly as circumstances cate for the movement of regulated, re- allow. Any person whose certificate has stricted, and/or associated articles been withdrawn may appeal the deci- from a regulated establishment if the sion in writing to the Administrator inspector determines that: within 10 days after receiving the writ- (1) The nursery has entered into a ten notification of the withdrawal. The compliance agreement APHIS in ac- appeal must state all of the facts and cordance with § 301.92–6 and is abiding reasons upon which the person relies to by all terms and conditions of that show that the certificate was wrong- agreement; and fully withdrawn. As promptly as cir- (2) The nursery has been inspected in cumstances allow, the Administrator accordance with § 301.92–11(c); and will grant or deny the appeal, in writ- (3) The articles to be shipped inter- ing, stating the reasons for the deci- state are free from Phytophthora sion. A hearing will be held to resolve ramorum inoculum; and any conflict as to any material fact. (4) The movement of the articles is Rules of practice concerning a hearing not subject to additional restriction will be adopted by the Administrator. under section 414 of the Plant Protec- (Approved by the Office of Management and Budget under control numbers 0579–0310 and 11 Sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 0579–0088) provide that the Secretary of Agriculture [72 FR 8597, Feb. 27, 2007, as amended at 75 may, under certain conditions, hold, seize, FR 4241, Jan. 26, 2010; 84 FR 16193, Apr. 18, quarantine, treat, apply other remedial 2019] measures to destroy or otherwise dispose of any plant, plant pest, plant product, article, § 301.92–6 Compliance agreements and or means of conveyance that is moving, or cancellation. has moved into or through the United States or interstate if the Secretary has reason to (a) Any person engaged in growing, believe the article is a plant pest or is in- processing, handling, or moving regu- fested with a plant pest at the time of move- lated articles, associated articles, or ment. non-host nursery stock may enter into

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a compliance agreement when an in- interstate movement as possible, but spector determines that the person un- no less than 48 hours before the desired derstands this subpart, agrees to com- time of inspection. ply with its provisions, and agrees to (b) The regulated or associated arti- comply with all the provisions con- cle or non-host nursery stock must be tained in the compliance agreement. 12 assembled at the place and in the man- (b) Any compliance agreement may ner the inspector designates as nec- be canceled, either orally or in writing, essary to comply with this subpart. by an inspector whenever the inspector finds that the person who has entered [72 FR 8597, Feb. 27, 2007, as amended at 84 into the compliance agreement has FR 16194, Apr. 18, 2019] failed to comply with this subpart. If the cancellation is oral, the cancella- § 301.92–8 Attachment and disposition tion and the reasons for the cancella- of certificates and recordkeeping. tion will be confirmed in writing as (a) A certificate required for the promptly as circumstances allow. Any interstate movement of a regulated ar- person whose compliance agreement ticle, associated article, or non-host has been canceled may appeal the deci- nursery stock must, at all times during sion, in writing, within 10 days after the interstate movement, be: receiving written notification of the (1) Attached to the outside of the cancellation. The appeal must state all container containing the regulated ar- of the facts and reasons upon which the ticle, associated article, or non-host person relies to show that the compli- nursery stock; or ance agreement was wrongfully can- (2) Attached to the regulated article, celed. As promptly as circumstances associated article, or non-host nursery allow, the Administrator will grant or stock itself if not in a container; or deny the appeal, in writing, stating the (3) Attached to the consignee’s copy reasons for the decision. A hearing will of the accompanying waybill. If the be held to resolve any conflict as to certificate is attached to the con- any material fact. Rules of practice signee’s copy of the waybill, the regu- concerning a hearing will be adopted lated article, associated article, or by the Administrator. non-host nursery stock must be suffi- (Approved by the Office of Management and ciently described on the certificate and Budget under control numbers 0579–0088 and on the waybill to identify the regulated 0579–0310) article, associated article, or non-host [72 FR 8597, Feb. 27, 2007, as amended at 84 nursery stock. FR 16194, Apr. 18, 2019] (b) The certificate for the interstate movement of a regulated article, asso- § 301.92–7 Availability of inspectors; assembly for inspection. ciated article, or non-host nursery stock must be furnished by the carrier (a) Any person (other than a person to the consignee listed on the certifi- authorized to issue certificates under cate upon arrival at the location pro- § 301.92–5(c)) who desires to move a reg- vided on the certificate. ulated or associated article or non-host (c) All nurseries that are operating nursery stock interstate accompanied under compliance agreements must by a certificate must notify an inspec- maintain records of all incoming ship- tor 13 as far in advance of the desired ments of plants for a minimum of 24 months and must make them available 12 Compliance agreement forms are avail- to inspectors upon request. In addition, able without charge from the Animal and Plant Health Inspection Service, Plant Pro- all nurseries that are operating under tection and Quarantine, Invasive Species and compliance agreements, except retail Pest Management, 4700 River Road Unit 160, dealers, must maintain records of out- Riverdale, MD 20737–1236, and from local of- going shipments for a minimum of 24 fices of the Plant Protection and Quarantine, months and must make them available which are listed in telephone directories. to inspectors upon request. Forms are also available on the Internet at http://www.aphis.usda.gov/ppq/ispm/pramorum/ (Approved by the Office of Management and resources.html. Budget under control numbers 0579–0088 and 13 See footnote 7 of this subpart. 0579–0310)

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§ 301.92–9 Costs and charges. plants are present, 40 asymptomatic The services of the inspector during plants must be sampled; biased toward normal business hours (8 a.m. to 4:30 proven hosts. Each sample may contain p.m., Monday through Friday, except more than one leaf, and may come holidays) will be furnished without from more than one plant, but all cost. The user will be responsible for plants in the sample must be from the all costs and charges arising from in- same lot. Asymptomatic samples, if spection and other services provided collected, must be taken from regu- outside normal business hours. lated and associated articles and near- by plants. Inspectors must conduct in- § 301.92–10 [Reserved] spections at times when the best ex- pression of symptoms is anticipated § 301.92–11 Inspection and sampling and must take nursery fungicide pro- protocols. grams into consideration. Nursery (a) Nurseries in quarantined areas ship- owners must keep records of fungicide ping regulated articles of nursery stock applications for 2 years and must make and associated articles interstate—(1) them available to inspectors upon re- Nurseries in which Phytophthora quest. ramorum has not been detected since (C) Testing. Samples must be labeled March 31, 2011. To meet the require- and sent for testing to a laboratory ap- ments of § 301.92–5(a)(1)(iv), nurseries proved by APHIS and must be tested that are located in quarantined areas, using a test method approved by that move regulated articles of nursery APHIS, in accordance with § 301.92–12. stock, decorative trees without roots, (D) Annual certification. If all plant wreaths, garlands, or greenery, associ- samples tested in accordance with this ated articles, or non-host nursery section and § 301.92–12 return negative stock interstate, and in which results for Phytophthora ramorum, an Phytophthora ramorum has not been de- inspector may certify that the nursery tected since March 31, 2011, must meet is free of evidence of Phytophthora the following requirements. Any such ramorum infestation at the time of the nurseries in quarantined areas that do inspection, and the nursery is eligible not meet the following requirements to enter into or maintain its compli- are prohibited from moving regulated ance agreement in accordance with articles and associated articles inter- § 301.92–6. state. Any such nurseries in quarantined areas that do not meet the fol- (ii) Pre-shipment inspection, sampling, lowing requirements or those in para- and testing—(A) Inspection. During the graph (b) of this section are prohibited 30 days prior to interstate movement from moving non-host nursery stock from a nursery in a quarantined area, interstate. regulated articles or associated arti- (i) Annual inspection, sampling, and cles intended for interstate movement testing—(A) Inspection. The nursery must be inspected for symptoms of must be inspected annually for symp- Phytophthora ramorum by an inspector. toms of Phytophthora ramorum by an in- Inspection will focus on, but not be spector. Inspectors will visually in- limited to, regulated articles and asso- spect for symptomatic plants through- ciated articles. No inspections of ship- out the nursery, and inspection will ments will be conducted unless the focus on, but not be limited to, regu- nursery from which the shipment origi- lated articles and associated articles. nates has a current and valid annual (B) Sampling. A minimum of 40 plant certification in accordance with this samples must be tested per nursery lo- section. cation. Samples must be taken from all (1) If no symptomatic plants are symptomatic plants if symptomatic found upon inspection, the shipment plants are present. If fewer than 40 may be considered free from evidence symptomatic plants are present, each of Phytophthora ramorum and is eligible symptomatic plant must be sampled for interstate movement, provided that and the remainder of the 40 sample the nursery is operating under a com- minimum must be taken from asymp- pliance agreement with APHIS in ac- tomatic plants. If no symptomatic cordance with § 301.92–6.

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(2) If symptomatic plants are found inoculum identified at the nursery, as upon inspection, the inspector will col- well as the number of host articles in lect at least one sample per sympto- the nursery. matic plant, and one sample per regu- (iii) Testing. Samples must be labeled lated article or associated article that and sent for testing to a laboratory ap- is in close proximity to, or that has proved by APHIS and must be tested had physical contact with, a sympto- using a test method approved by matic plant. APHIS in accordance with § 301.92–12. (B) Testing and withholding from inter- (iv) Negative results; certification. If all state movement. Samples taken in ac- samples tested in accordance with this cordance with this paragraph (a)(1) section and § 301.92–12 return negative must be labeled and sent for testing to results for Phytophthora ramorum, an a laboratory approved by APHIS and inspector may certify that the nursery must be tested using a test method ap- is free of Phytophthora ramorum at the proved by APHIS, in accordance with time of the inspection. If the nursery is § 301.92–12. The interstate movement of inspected and determined by an inspec- plants in the shipment is prohibited tor to be free of Phytophthora ramorum until the plants in the shipment are de- inoculum each time it is inspected for termined to be free of evidence of 3 consecutive years, the nursery will Phytophthora ramorum infection in ac- thereafter be inspected in accordance cordance with § 301.92–12. with paragraph (a)(1) of this section. (2) Nurseries in which Phytophthora (v) Positive results. If any samples ramorum has been detected since March tested in accordance with this section 31, 2011. To meet the requirements of and § 301.92–12 return positive results § 301.92–5(a)(1)(iv), nurseries that are lo- for Phytophthora ramorum, the nursery cated in quarantined areas, that move may ship lots of regulated, restricted, regulated articles of nursery stock, and associated articles interstate pur- decorative trees without roots, suant to § 301.92–5(b) only if the lot is wreaths, garlands, or greenery, associ- determined to be free from ated articles, or non-host nursery Phytophthora ramorum inoculum. The stock interstate, and in which method for this determination will be Phytophthora ramorum has been de- specified in the nursery’s compliance tected since March 31, 2011, must meet agreement with APHIS. the following requirements. Any such (b) Nurseries in quarantined areas ship- nurseries in quarantined areas that do ping non-host nursery stock interstate. not meet the following requirements Nurseries located in quarantined areas are prohibited from moving regulated and that move non-host nursery stock articles and associated articles inter- interstate must meet the requirements state. Any such nurseries in quar- of this paragraph or the requirements antined areas that do not meet the fol- of paragraph (a) of this section. If such lowing requirements or those in para- nurseries contain any regulated or re- graph (b) of this section are prohibited stricted articles, the nursery must from moving non-host nursery stock meet the requirements of paragraph (a) interstate. of this section. This paragraph (b) only (i) Inspections. The nursery must be applies if there are no regulated or as- inspected at least twice annually for sociated articles or nursery stock at symptoms of Phytophthora ramorum in- the nursery. Nurseries that do not festation by an inspector. The inspec- meet the requirements of paragraph (a) tion will focus on regulated plants and of this section or this paragraph (b) are other potential sources of Phytophthora prohibited from moving non-host nurs- ramorum inoculum. ery stock interstate. (ii) Sampling. Samples must be taken (1) Annual visual inspection. The nurs- from host plants, soil, standing water, ery must be visually inspected annu- drainage water, water for irrigation, ally for symptoms of Phytophthora and any other articles determined by ramorum. Inspections and determina- the inspector to be possible sources of tions of freedom from evidence of Phytophthora ramorum inoculum. The Phytophthora ramorum infestation must number of samples taken may vary de- occur at the time when the best expres- pending on the possible sources of sion of symptoms is anticipated.

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(2) Sampling. All plants showing results for Phytophthora ramorum, an symptoms of infection with inspector may certify that the nursery Phytophthora ramorum upon inspection is free of Phytophthora ramorum at the will be sampled and tested in accord- time of the inspection. For purposes of ance with § 301.92–12. If symptomatic § 301.92–5(b), regulated, restricted, and plants are found upon inspection, the associated articles at a certified nurs- following plants must be withheld from ery are considered free from interstate shipment until testing is Phytophthora ramorum until the time of completed and the nursery is found free the next inspection. of evidence of Phytophthora ramorum in (5) Positive results. If any samples accordance with this paragraph (b) and tested in accordance with this section § 301.92–12: All symptomatic plants, any and § 301.92–12 return positive results plants located in the same lot as the for Phytophthora ramorum, the nursery suspect plant, and any plants located may ship lots of regulated, restricted, within 2 meters of this lot of plants. and associated articles interstate pur- (3) Certification. If all plant samples suant to § 301.92–5(b) only if the lot is tested in accordance with this section determined to be free from and § 301.92–12 return negative results Phytophthora ramorum inoculum. The for Phytophthora ramorum, or if an in- method for this determination will be spector at the nursery determines that specified in the nursery’s compliance plants in a nursery exhibit no signs of agreement with APHIS. infection with Phytophthora ramorum, the inspector may certify that the (Approved by the Office of Management and nursery free of evidence of Budget under control number 0579–0310) Phytophthora ramorum infestation at [84 FR 16194, Apr. 18, 2019] the time of inspection. Certification is valid for 1 year and must be renewed § 301.92–12 Testing protocols. each year to continue shipping plants Samples must be analyzed using a interstate. methodology approved by APHIS at a (c) Regulated establishments shipping laboratory approved by APHIS. The regulated, restricted, or associated articles following methodology is approved by of interstate—(1) Inspections. To meet APHIS. the conditions of § 301.92–5(b), the regu- (a) Optional ELISA Prescreening. An lated establishment must be inspected APHIS-approved ELISA may be used to at least twice annually for symptoms prescreen samples to determine the of Phytophthora ramorum infestation by presence of Phytophthora spp. an inspector. The inspection will focus (1) Negative prescreening results. If all on regulated plants and other potential samples from a single nursery are sources of Phytophthora ramorum found to be negative through APHIS- inoculum. approved ELISA prescreening, no fur- (2) Sampling. Samples must be taken ther testing is required. The nursery from host plants, soil, standing water, may be considered free of evidence of drainage water, water for irrigation, Phytophthora ramorum, and plants in growing media, and any other articles the nursery are eligible for interstate determined by the inspector to be pos- movement under certificate in accord- sible sources of Phytophthora ramorum ance with § 301.92–5. inoculum. The number of samples (2) Positive prescreening results. If taken may vary depending on the pos- ELISA prescreening reveals the pres- sible sources of inoculum identified at ence of Phytophthora spp. in any plants, the nursery, as well as the number of each sample that returns positive host articles in the nursery. ELISA results must be tested as pro- (3) Testing. Samples must be labeled vided in paragraph (b) of this section. and sent for testing to a laboratory ap- (b) Mandatory testing procedures. If proved by APHIS and must be tested ELISA prescreening is not performed, using a test method approved by or if results of ELISA prescreening are APHIS in accordance with § 301.92–12. positive for Phytophthora spp. in any (4) Negative results; certification. If all sample, the sample must be analyzed samples tested in accordance with this using an APHIS-approved test. Sam- section and § 301.92–12 return negative ples will be considered positive for

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Phytophthora ramorum based on posi- PART 302—DISTRICT OF COLUMBIA; tive results of any approved test. Posi- MOVEMENT OF PLANTS AND tive PCR or other molecular tests do PLANT PRODUCTS not require confirmatory culture tests, nor do positive culture tests require Sec. confirmatory PCR or other molecular 302.1 Definitions. tests; however, if culture tests return 302.2 Movement of plants and plant prod- other than positive results, an APHIS- ucts. approved PCR or other molecular test AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; must be conducted, as provided in para- 7 CFR 2.22, 2.80, and 371.3. graph (b)(1) of this section. SOURCE: 66 FR 1016, Jan. 5, 2001, unless oth- (1) PCR or other molecular tests—(i) erwise noted. Negative results. If the results of PCR or other molecular tests are negative for § 302.1 Definitions. all samples in a nursery, no further Inspector. Any employee of the Ani- testing is required. The nursery may be mal and Plant Health Inspection Serv- considered free of evidence of ice or other person authorized by the Phytophthora ramorum and plants in the Administrator to inspect and certify nursery are eligible for interstate the plant health status of plants and movement under certificate in accord- products under this part. ance with § 301.92–5. Interstate. From any State into or (ii) Positive results. If any samples through any other State. tested using PCR or other molecular State. The District of Columbia, Puer- tests return positive results for to Rico, the Northern Mariana Islands, Phytophthora ramorum, the nursery or any State, territory, or possession of from which they originate is prohibited the United States. from moving plants interstate. The nursery will be eligible to ship certain § 302.2 Movement of plants and plant products. plants interstate when an inspector determines that those plants are free of Inspection or documentation of the evidence of Phytophthora ramorum. plant health status of plants or plant (2) Culture Test—(i) Negative results. If products to be moved interstate from the results of culture tests are other the District of Columbia may be ob- than positive for any samples taken tained by contacting the State Plant Health Director, Plant Protection and from a single nursery, plants in the Quarantine, APHIS, Wayne A. Cawley, nursery must continue to be withheld Jr. Building, Room 350, 50 Harry S. from shipment in accordance with Truman Parkway, Annapolis, MD § 301.92–11 and each plant sample must 21401–7080; phone: (410) 224–3452; fax: be tested again using a PCR or other (410) 224–1142. molecular test, as described in this section. [66 FR 54641, Oct. 30, 2001] (ii) Positive results. If any culture tests return positive results for PART 305—PHYTOSANITARY Phytophthora ramorum, the nursery TREATMENTS from which they originate is prohibited from moving plants interstate as di- Sec. rected by an inspector. The nursery 305.1 Definitions. will be eligible to ship certain plants 305.2 Approved treatments. 305.3 Processes for adding, revising, or re- interstate when an inspector deter- moving treatment schedules in the PPQ mines that those plants are free of evi- Treatment Manual. dence of Phytophthora ramorum. 305.4 Monitoring and certification of treat- (c) Other test methods. Other test ments. methods may be acceptable if approved 305.5 Chemical treatment requirements. by APHIS. 305.6 Cold treatment requirements. 305.7 Quick freeze treatment requirements. [72 FR 8597, Feb. 27, 2007, as amended at 84 305.8 Heat treatment requirements. FR 16195, Apr. 18, 2019] 305.9 Irradiation treatment requirements.

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