7 CFR Part 301 — Domestic Quarantine Notices

PART 301—DOMESTIC QUARANTINE NOTICES Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). Subpart A—Preemption and Special Need Requests Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted. Redesignated at 84 FR 2427, Feb. 7, 2019 § 301.1 Purpose and scope. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not impose prohibitions or restrictions upon the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the United States. The only exceptions to this are: (1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary, or (2) If the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment. (b) The regulations in this subpart provide for the submission and consideration of special need requests when a State or a political subdivision of a State seeks to impose prohibitions or restrictions on the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds that are in addition to the prohibitions or restrictions imposed by this part or by a Federal Order. § 301.1-1 Definitions. Administrator. Animal and Plant Health Inspection Service (APHIS). Biological control organism. Interstate commerce. (1) From one State into or through any other State or (2) Within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Move (moved, movement). Noxious weed. Plant pest. State. § 301.1-2 Criteria for special need requests. (a) A special need request, as described in § 301.1, may be generated by a State or a political subdivision of a State. If the request is generated by a political subdivision of a State, the request must be submitted to APHIS through the State. States may also collaborate with other States to submit multi-State special need requests. However, if submitted, the multi-State special need request must include information in sufficient detail to allow APHIS to analyze the impacts on each State on an individual basis. All special need requests must be signed by the executive official or officials or by a plant protection official or officials of the State(s) making the request and must contain the following: (1) Data drawn from a scientifically sound detection survey, showing that the biological control organism, noxious weed, or plant pest of concern does not exist in the State or political subdivision or, if already present in the State or political subdivision, the distribution of the biological control organism, noxious weed, or plant pest of concern; (2) If the biological control organism, noxious weed, or plant pest is not present in the State or political subdivision, a risk analysis or other scientific data showing that the biological control organism, noxious weed, or plant pest could enter the State or political subdivision and become established; (3) Specific information showing that, if introduced into or allowed to spread within the State or political subdivision, the biological control organism, noxious weed, or plant pest would harm or injure the environment or agricultural resources in the State or political subdivision. The request should contain detailed information, including quantitative estimates, if available, about what harm or injury would result from the introduction or dissemination of the biological control organism, noxious weed, or plant pest in the State or political subdivision; (4) Specific information showing that the State or political subdivision has characteristics that make it particularly vulnerable to the biological control organism, noxious weed, or plant pest, such as unique plants, diversity of flora, historical concerns, or any other special basis for the request for additional restrictions or prohibitions; and (5) Information detailing the proposed additional prohibitions or restrictions and scientific data demonstrating that the proposed additional prohibitions or restrictions are necessary and adequate, and that there is no less drastic action that is feasible and that would be adequate, to prevent the introduction or spread of the biological control organism, noxious weed, or plant pest in the State or political subdivision. (b) All special need requests must be submitted to the Deputy Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L. Whitten Federal Building, 14th Street and Independence Avenue, SW., Room 301-E, Washington, DC 20250. § 301.1-3 Action on special need requests. (a) Upon receipt of a complete special need request submitted in accordance with § 301.1-2, APHIS will publish a notice in the Federal Register (b) Following the close of the comment period, APHIS will publish another notice announcing the Administrator's decision to either grant or deny the special need request. The Administrator's determination will be based upon the evaluation of the information submitted by the State or political subdivision of a State in support of its request and would take into account any comments received. (1) If the Administrator grants the special need request, the State or political subdivision of a State will be authorized to impose only the specific prohibitions or restrictions identified in the request and approved by APHIS. APHIS will coordinate with the State, or with the State on behalf of the political subdivision of the State, to ensure that the additional prohibitions or restrictions are in accord with the special need exception granted by the Administrator. (2) If the Administrator denies the special need request, the State or political subdivision of a State will be notified in writing of the reason for the denial and may submit any additional information the State or political subdivision of a State may have in order to request a reconsideration. (c) If granted, a special need exception will be applicable for 2 years, at the end of which the State or political subdivision of a State must submit a request for renewal of the exception. A special need renewal request must address the same criteria as the initial request submitted under § 301.1-2 and must show that a special need still exists that warrants the continuation of the special need exception. The renewal must be submitted no sooner than 6 months and no later than 3 months prior to the end of the 2-year applicability period for the initial exception. Once a special need renewal request has been received, APHIS will follow the same notice and comment process outlined in paragraphs (a) and (b) of this section. If, by the end of the 2-year applicability period, the State or political subdivision of a State does not submit a special need renewal request, the State's or political subdivision's special need exception will lapse and the State or political subdivision of a State will have to reapply for the special need exception. (d) If the Administrator determines that there is a need for the withdrawal of a special need exception before the renewal date of the special need exception, the reasons for the withdrawal would be communicated to the State or to the political subdivision of the State and APHIS will publish a notice in the Federal Register (Approved by the Office of Management and Budget under control number 0579-0291) Subpart B—Imported Plants and Plant Parts Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.10 Definitions. Move (moved, movement). State. § 301.11 Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts. (a) In accordance with part 319 of this chapter, some plants and plant parts may only be imported into the United States subject to certain destination restrictions. That is, under part 319, some plants and plant parts may be imported into some States or areas of the United States but are prohibited from being imported into, entered into, or distributed within other States or areas, as an additional safeguard against the introduction and establishment of foreign plant pests and diseases. (b) Under this quarantine notice, whenever any imported plant or plant part is subject to destination restrictions under part 319: (1) The State(s) or area(s) into which the plant or plant part is allowed to be imported is quarantined with respect to that plant or plant part; and (2) No person shall move any plant or plant part from any such quarantined State or area into or through any State or area not quarantined with respect to that plant or plant part. Subpart C—Fruit Flies Source: 73 FR 32432, June 9, 2008, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.32 Restrictions on interstate movement of regulated articles. (a) No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 (b) Section 414 of the Plant Protection Act (7 U.S.C. 7714) provides that the Secretary of Agriculture may, under certain conditions, hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of any plant, plant pest, plant product, article, or means of conveyance that is moving, or has moved into or through the United States or interstate if the Secretary has reason to believe the article is a plant pest or is infested with a plant pest at the time of movement. § 301.32-1 Definitions. Administrator. Animal and Plant Health Inspection Service. Certificate. Commercially produced. Compliance agreement. Core area. 1/2 Day degrees. Departmental permit. Dripline. Fruit fly (fruit flies). Infestation. Inspector. Interstate. Limited permit. Mediterranean fruit fly. Ceratitis capitata Melon fruit fly. Bactrocera cucurbitae Mexican fruit fly. Anastrepha ludens Move (moved, movement). Oriental fruit fly. Bactrocera dorsalis Peach fruit fly. Anastrepha zonata Person. Plant Protection and Quarantine. Quarantined area. Regulated article. Sapote fruit fly. Anastrepha serpentina State. West Indian fruit fly. Anastrepha obliqua [73 FR 32432, June 9, 2008, as amended at 87 FR 80003, Dec. 29, 2023] § 301.32-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home. (b) Normal process for adding regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Soil and plants as regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home (d) Immediate designation of other regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/fruit-flies/fruit-flies-home [88 FR 80003, Dec. 29, 2022] § 301.32-3 Quarantined areas. (a) Designation of quarantined areas. http://www.aphis.usda.gov/plant_health/plant_pest_info/fruit_flies/index.shtml. Federal Register (b) Designation of an area less than an entire State as a quarantined area. (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the fruit fly. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area. (d) Removal of a State, or a portion of a State, from quarantine. § 301.32-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 1 1 (a) With a certificate or limited permit issued and attached in accordance with §§ 301.32-5 and 301.32-8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a permit issued by the Administrator for the regulated article; (3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of fruit flies; and (4) With a tag or label bearing the number of the permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container. (d) Hass avocados that are grown or packed in an area quarantined for Mediterranean, Mexican, or sapote fruit fly and that are moving interstate from such an area are subject to the following additional requirements: (1) Orchard sanitation and safeguarding requirements. (ii) Harvested Hass avocados must be placed in field boxes or containers of field boxes that are marked to show the location of the orchard. The avocados must be moved from the orchard to the packinghouse within 3 hours of harvest or they must be protected from fruit fly infestation until moved. (iii) Hass avocados must be protected from fruit fly infestations during their movement from the orchard to the packinghouse and must be accompanied by a field record indicating the location of the orchard where the avocados originated. (2) Packinghouse requirements for Hass avocados packed within a quarantined area. (ii) The packinghouse must have double doors at the entrance to the facility and at the interior entrance to the area where the avocados are packed. (iii) If the Hass avocados were grown in an orchard within the quarantined area, the identity of the avocados must be maintained from field boxes or containers to the shipping boxes in the packinghouse so that the avocados can be traced back to the orchard in which they were grown. The avocados must be packed in boxes or crates that are clearly marked with the identity of the grower and the packinghouse. (iv) Any boxes of Hass avocados packed in the quarantined area must be placed in a refrigerated truck or refrigerated container and remain in that truck or container while in transit through the quarantined area. Prior to leaving the packinghouse, the truck or container must be secured with a seal that will be broken when the truck or container is opened. Once sealed, the refrigerated truck or refrigerated container must remain unopened until it is outside the quarantined area. (v) Any avocados that have not been packed or loaded into a refrigerated truck or refrigerated container by the end of the workday must be kept inside the screened packinghouse. (3) Packinghouse requirements for Hass avocados packed outside a quarantined area but grown within a quarantined area. (Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0336) [73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75 FR 12962, Mar. 18, 2010; 76 FR 43807, July 22, 2011; 88 FR 80004, Dec. 29, 2022] § 301.32-5 Issuance and cancellation of certificates and limited permits. (a) A certificate may be issued by an inspector 1 1 (1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.32-10; or (ii) Based on inspection of the premises of origin, the premises are free from fruit flies; or (iii) Based on inspection of the regulated article, the regulated article is free of fruit flies; or (iv) The regulated articles are Hass variety avocados that have been harvested, safeguarded, and packed in accordance with the conditions in § 301.32-4(d); and (2) The regulated article will be moved through the quarantined area in an enclosed vehicle or will be completely enclosed by a covering adequate to prevent access by fruit flies; and (3) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and (4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (b) An inspector 2 2 (1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of fruit flies because life stages of the fruit flies will be destroyed by the specified handling, processing, or utilization; (2) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of fruit flies; and (3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. (d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all conditions in this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0336) [73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009; 87 FR 80004, Dec. 29, 2022] § 301.32-6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with any of the conditions of this subpart or with any of the provisions of the compliance agreement. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. [73 FR 32432, June 9, 2008, as amended at 87 FR 80004, Dec. 29, 2022] § 301.32-7 Assembly and inspection of regulated articles. (a) Any person, other than a person authorized to issue certificates or limited permits under § 301.32-5(c), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector 1 1 (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [73 FR 32432, June 9, 2008, as amended 87 FR 80004, Dec. 29, 2022] § 301.32-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill: Provided, however, that if the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579-0088) § 301.32-9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside normal business hours. § 301.32-10 Treatments. Regulated articles may be treated in accordance with part 305 of this chapter to neutralize fruit flies. The following treatments also may be used for the regulated articles indicated: (a) Soil within the dripline of plants that are producing or have produced regulated articles listed § 301.32(a) or (b). (b) Premises. [73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010] Subpart D—Black Stem Rust Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.38 Notice of quarantine; restrictions on interstate movement of regulated articles. The conterminous 48 States and the District of Columbia are quarantined in order to prevent the spread of black stem rust. No person shall move interstate any regulated article except in accordance with this subpart. 1 1 [54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001] § 301.38-1 Definitions. In this subpart the following definitions apply: Administrator. Animal and Plant Health Inspection Service (APHIS). Black stem rust. Puccinia graminis Certificate. Clonally propagated. Berberis Compliance agreement. Departmental permit. Berberis, Mahoberberis, Mahonia Inspector. Interstate. Limited permit. Moved (movement, move). Person. Regulated article. Rust-resistant plants. Berberis, Mahoberberis, Mahonia 1 1 i.e., Berberis, Mahoberberis, Mahonia. Rust-susceptible plants. Berberis, Mahoberberis, Mahonia Seedling. Berberis, Mahoberberis, Mahonia State. Two years' growth. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178, Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006; 87 FR 80004, Dec. 29, 2022] § 301.38-2 Regulated articles. (a) Rust-resistant regulated articles. Berberis Mahoberberis, Mahonia www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. (b) Berberis, Mahoberberis, and Mahonia. (c) Process for adding rust-resistant regulated articles Normal process. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry rust-resistant plants Federal Register (ii) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (2) Requested process. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. (d) Immediate designation of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry (Approved by the Office of Management and Budget under control number 0579-0186) [87 FR 80004, Dec. 29, 2022, as amended at 89 FR 23501, Apr. 4, 2024] § 301.38-3 Protected areas. (a) The Administrator may designate as a protected area in accordance with paragraph (d)of this section any State that has eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, Mahonia Berberis, Mahoberberis, Mahonia, (b) The Administrator may designate as a protected area any county within a State, rather than the entire State, if areas within the State have eradicated rust-susceptible plants of the genera Berberis, Mahoberberis, Mahonia (1) The State employs personnel with responsibility for the issuance and withdrawal of certificates in accordance with § 301.38-5; (2) The State is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles, as determined by the Administrator; and (3) The State maintains and enforces an inspection program under which every plant nursery within the county is inspected at least once each year to ensure that plant nurseries within that area are free of rust-susceptible plants of the genera Berberis, Mahoberberis, Mahonia. Berberis, Mahoberberis, Mahonia, (c) All seed used to propagate plants of the genera Berberis, Mahoberberis, Mahonia Berberis, Mahoberberis, Mahonia 1 1 Berberis, Mahoberberis, Mahonia. (d) The Administrator will publish a list of all protected areas on the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (e) Each State that is a protected area or that encompasses a protected area must submit annually to the Administrator a written statement, signed by an inspector, assuring APHIS that all nursery inspections have been performed in accordance with this section. The statement must be submitted by January 1st of each year, and must include a list of the nurseries inspected and found free of rust-susceptible plants. (f) The Administrator may remove a protected area from the list of designated protected areas at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry [54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 57 FR 3118, Jan. 28, 1992; 71 FR 5778, Feb. 3, 2006; 87 FR 80004, Dec. 29, 2022] § 301.38-4 Interstate movement of regulated articles. (a) Non-protected areas. (b) Protected areas Prohibited movement. (i) All rust-susceptible Berberis Mahoberberis Mahonia (ii) All seed-propagated plants of the Berberis (2) Restricted movement. (i) Seed-propagated plants of at least 2 years' growth, clonally propagated plants of any age, seeds, fruits, and other plant parts capable of propagation of the Berberis (ii) Plants, seeds, fruits, and other plant parts capable of propagation of the Mahoberberis Mahonia (c) An inspector may issue a limited permit to allow a regulated article not eligible for certification under § 301.38-4(b)(2) to move interstate into or through a protected area to a specified destination that is stated in the permit and is outside the protected area, if the requirements of all other applicable Federal domestic plant quarantines are met. A regulated article moved interstate under a limited permit must be placed in a closed sealed container that prevents unauthorized removal of the regulated article, and that remains sealed until the regulated article reaches the final destination stated in the permit. At the final destination, the sealed container must be opened only in the presence of an inspector or with the authorization of an inspector obtained expressly for that shipment. (d) The United States Department of Agriculture may move any regulated article interstate into or through a protected area in accordance with the conditions determined necessary to prevent the introduction or spread of black stem rust in protected areas, as specified in a Departmental permit issued for this purpose. [54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002; 71 FR 5778, Feb. 3, 2006; 87 FR 80005, Dec. 29, 2022] § 301.38-5 Assembly and inspection of regulated articles: issuance and cancellation of certificates. (a) Any person, other than a person authorized to issue certificates under paragraph (c) of this section, who desires to move interstate a regulated article that must be accompanied by a certificate under § 301.38-4(b), shall, as far in advance of the desired interstate movement as possible (and no less than 48 hours before the desired interstate movement), request an inspector 1 1 (b) An inspector may issue a certificate for the interstate movement of a regulated article if he or she: (1) Determines, upon examination, that the regulated article may be moved interstate in accordance with this subpart; and (2) Determines that the regulated article may be moved interstate in accordance with all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) Certificates for interstate movement of regulated articles may be issued by an inspector to a person operating under a compliance agreement for use with subsequent shipments of regulated articles to facilitate their movement. A person operating under a compliance agreement must make the determinations set forth in paragraph (b) of this section before shipping any regulated articles. (d) Any certificate that has been issued may be withdrawn by an inspector, orally or in writing, if he or she determines that the holder of the certificate has not complied with the conditions of this subpart for the use of the certificate. If the withdrawal is oral, the inspector will confirm the withdrawal and the reasons for the withdrawal, in writing, within 20 days of oral notification of the withdrawal. Any person whose certificate has been withdrawn may appeal the decision, in writing within 10 days after receiving written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate was wrongfully withdrawn. A hearing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The certificate will remain withdrawn pending decision of the appeal. [54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 67 FR 8180, Feb. 22, 2002; 88 FR 80005, Dec. 29, 2022] § 301.38-6 Compliance agreements and cancellation. (a) Any State may enter into a written compliance agreement with any person who grows or handles regulated articles in a protected area, or moves interstate regulated articles from a protected area, under which that person agrees to comply with this subpart, to provide inspectors with information concerning the source of any regulated articles acquired each year, and to prevent the unauthorized use of certificates issued for future use under the compliance agreement. 1 1 (b) A compliance agreement may be cancelled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed, in writing, within 20 days of oral notification of the cancellation. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. A hearing will be held to resolve any conflict as to any material fact. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. In a non-protected area, appeal shall be made to the Administrator. The Administrator shall adopt rules of practice for the hearing. The compliance agreement will remain cancelled pending decision of the appeal. [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994; 87 FR 80005, Dec. 29, 2022] § 301.38-7 Attachment and disposition of certificates. (a) The certificate required for the interstate movement of a regulated article must, at all times during the interstate movement, be attached to the outside of the container containing the regulated article except as follows: (1) The certificate may be attached to the regulated article itself if it is not in container; or (2) The certificate may be attached to the accompanying waybill or other shipping document if the regulated article is identified and described on the certificate or waybill. (b) The carrier must furnish the certificate to the consignee at the destination of the regulated article. § 301.38-8 Costs and charges. The services of an inspector 1 1 [54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 87 FR 80005, Dec. 29, 2022] Subpart E—Gypsy Moth Source: 58 FR 39423, July 23, 1993, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Editorial Note: Nomenclature changes to part appear at 87 FR 80005, Dec. 29, 2022. § 301.45 Notice of quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Lymantria dispar (b) Restrictions on the interstate movement of regulated articles and outdoor household articles. [58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 FR 38280, July 16, 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 17, 2001; 87 FR 80005, Dec. 29, 2022] § 301.45-1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Administrator. Animal and Plant Health Inspection Service. Associated equipment. Bark. Bark products. Certificate. Compliance agreement. Effectively diminishing. Eradication program. General infestation. (2) The detection of gypsy moth through multiple catches of adult gypsy moths at multiple trapping locations in the area over a period of 2 or more consecutive years, if the Administrator determines, after consulting with the State plant regulatory official, that gypsy moth is established in the area. Gypsy moth. Lymantria dispar Inspector. Interstate. Limited permit. Mobile home. Move (movement, moved). OHA document. Outdoor household articles. Person. Qualified certified applicator. 1 1 Quarantine area. Recreational vehicles. Regulated articles. (2) Logs, pulpwood, and bark and bark products. (3) Mobile homes and associated equipment. (4) Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high risk of artificial spread of gypsy moth infestation and the person in possession thereof has been so notified. State. Treatment manual. 2 2 http://www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/gypsy_moth.pdf. Under the direction of. Under the direct supervision of a qualified certified applicator. [58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007; 78 FR 24666, Apr. 26, 2013; 87 FR 80005, Dec. 29, 2022] § 301.45-2 Authorization to designate and terminate designation of quarantined areas. (a) Except as provided in paragraphs (a)(1) and (2) of this section, the Administrator will designate as a quarantined area each State or each portion of a State in which a gypsy moth infestation has been found by an inspector, or each portion of a State which the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. The Administrator will publish a list of all quarantined areas on the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) The area is subject to a gypsy moth eradication program conducted by the Federal Government or a State government in accordance with the Eradication, Suppression, and Slow the Spread alternative of the Final Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and Eradication Projects that was filed with the United States Environmental Protection Agency on January 16, 1996; and (2) State or Federal delimiting trapping surveys conducted in accordance with Section II, “Survey Procedures—Gypsy Moth” of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap is less than 10 and that the trapping surveys show that the eradication program is effectively diminishing the gypsy moth population of the area. (b) Less than an entire State will be designated as a quarantined area only if the Administrator has determined that: (1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and, (2) The designation of less than the entire State as a quarantined area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth. (c) Temporary designation of areas as quarantined areas. The Administrator or an inspector may temporarily designate any area in any State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. An inspector will give written notice of the designation to the owner or person in possession of the area and thereafter, the interstate movement of any regulated article from such areas is subject to the applicable provisions of this subpart. As soon as practicable, each quarantined area will be added to the list at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth (d) Termination of designation as a quarantined area. The Administrator shall terminate the designation of any area as a quarantined area whenever the Administrator determines that the area no longer requires designation under the criteria specified in paragraph (a) of this section. APHIS will publish a notice in the Federal Register [58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007; 87 FR 80005, Dec. 29, 2022] § 301.45-3 [Reserved] § 301.45-4 Conditions governing the interstate movement of regulated articles and outdoor household articles from quarantined areas. (a) Regulated articles and outdoor household articles from areas. (1) A regulated article, except for an article moved in accordance with paragraph (c) of this section, shall not be moved interstate from any quarantined area into or through any area that is not quarantined unless a certificate or permit has been issued and attached to such regulated article in accordance with §§ 301.45-5 and 301.45-8. 1 1 (2) An outdoor household article shall not be moved interstate from any quarantined area into or through any area that is not quarantined unless a certificate or OHA document has been issued and attached to such outdoor household article in accordance with §§ 301.45-5 and 301.45-8. (b) A regulated article originating outside of any quarantined area may be moved interstate directly through anyquarantined area without a certificate or permit if the point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has been safeguarded against infestation while in any quarantined area during the months of April through August. (c) A regulated article originating in a quarantined area may be moved interstate from a quarantined area without a certificate if it complies with (1) or (2) of this paragraph: (1) The article is moved by the U.S. Department of Agriculture for experimental or scientific purposes, and: (i) Is moved pursuant to a permit issued for each article by the Administrator; (ii) Is moved in accordance with conditions specified on the permit and found by the Administrator to be adequate to prevent the dissemination of the gypsy moth, i.e., conditions of treatment, processing, shipment, and disposal; and (iii) Is moved with a tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a permit number corresponding to the number of the permit issued for such article. (2) The article is logs, pulpwood, or bark and bark products, and the person moving the article has attached a signed accurate statement to the waybill or other shipping documents accompanying the article stating that he or she has inspected the article in accordance with the Gypsy Moth Program Manual no more than 5 days prior to the date of movement and has found no life stages of gypsy moth on the article. [58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71 FR 40878, July 19, 2006; 72 FR 70764, Dec. 13, 2007; 80 FR 12917, Mar. 12, 2015; 87 FR 80006, Dec. 29, 2022] § 301.45-5 Issuance and cancellation of certificates, limited permits, and outdoor household article documents. (a) A certificate may be issued by an inspector for the movement of a regulated article or an outdoor household article (OHA) if the inspector determines that it is eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such article and: (1) It has originated in noninfested premises in a quarantined area and has not been exposed to the gypsy moth while within the quarantined area; or (2) The inspector inspects the article no more than 5 days prior to the date of movement during the months of April through August (14 days prior to the date of movement from September through March) and finds it to be free of the gypsy moth; or (3) It has been treated under the direction of an inspector to destroy the gypsy moth in accordance with the treatment manual and part 305 of this chapter; or (4) It has been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby as determined by an inspector. (b) Limited permits may be issued by an inspector to allow interstate movement of any regulated article under this subpart to specified destinations for specified handling, utilization, processing, or treatment in accordance with the treatment manual, when, upon evaluation of all of the circumstances involved in each case, the Administrator determines that such movement will not result in the spread of the gypsy moth because life stages of the moths will be destroyed by such specified handling, utilization, processing or treatment, or the pest will not survive in areas to which shipped, and the requirements of all other applicable Federal domestic plant quarantines have been met. (c) Certificate and limited permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles provided the person is operating under a compliance agreement. Any person operating under a compliance agreement may reproduce the forms as needed to attach them to regulated articles moved under a compliance agreement. Any person operating under a compliance agreement may execute and issue the certificate forms or reproduction of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement, if the person has treated such regulated articles as specified in the compliance agreement, and if the regulated articles are eligible for certification for movement to any destination under all applicable Federal domestic plant quarantines. Any person operating under a compliance agreement may execute and issue the limited permit forms, or reproductions of such forms, for the interstate movement of regulated articles to specified destinations when an inspector has made the determinations specified in paragraph (b) of this section. (d) A certificate may be issued by a qualified certified applicator for the interstate movement of any outdoor household article or mobile home if such qualified certified applicator determines the following: (1) That the article has been inspected by the qualified certified applicator and found to be free of any life stage of the gypsy moth; or (2) That the article has been treated by, or treated under the direct supervision of, the qualified certified applicator to destroy any life stage of the gypsy moth in accordance with methods and procedures prescribed in section III of the Gypsy Moth Program Manual. (e) An OHA document may be issued by the owner of an outdoor household article for the interstate movement of the article if such person has inspected the outdoor household article and has found it to be free of any life stage of gypsy moth. (f) Any certificate or permit which has been issued or authorized may be withdrawn by an inspector if he determines that the holder thereof has not complied with any condition for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or permit has been withdrawn may appeal the decision in writing to the Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or permit was wrongfully withdrawn. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, 2005] § 301.45-6 Compliance agreement and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Qualified certified applicators must enter into compliance agreements, in accordance with the definition of qualified certified applicator in § 301.45-1. A compliance agreement shall specify safeguards necessary to prevent spread of the gypsy moth, such as disinfestation practices or application of chemical materials in accordance with the treatment manual and part 305 of this chapter. Compliance agreement forms may be obtained from the Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement, orally or in writing, whenever the inspector finds that such person has failed to comply with the conditions of the agreement. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 70 FR 33268, June 7, 2005] § 301.45-7 Assembly and inspection of regulated articles and outdoor household articles. Persons (other than those authorized to use certificates or limited permits, or reproductions thereof, under § 301.45-5(c)) who desire to move interstate a regulated article which must be accompanied by a certificate or permit shall, at least 7 days before the desired movement, request an inspector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article accompanied by a certificate issued in accordance with § 301.45-5 shall, at least 14 days before the desired movement, request an inspector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article or a mobile home accompanied by a certificate issued by a qualified certified applicator in accordance with § 301.45-5(d) shall request a qualified certified applicator to examine the article prior to movement. Such articles shall be assembled at such point and in such manner as the inspector or qualified certified applicator designates to facilitate inspection. An owner who wants to move outdoor household articles interstate may self-inspect the articles and issue an OHA document in accordance with § 301.45-5(e). [58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007] § 301.45-8 Attachment and disposition of certificates, limited permits, and outdoor household article documents. (a) A certificate, limited permit, or OHA document required for the interstate movement of a regulated article or outdoor household article must at all times during such movement be securely attached to the outside of the container containing the regulated article or outdoor household article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the waybill or other shipping document: Provided, however, That the requirements of this section may be met by attaching the certificate, limited permit, or OHA document to the consignee's copy of the waybill or other shipping document only if the regulated article or outdoor household article is sufficiently described on the certificate, limited permit, OHA document or shipping document to identify such article. (b) The certificate, limited permit, or OHA document for the movement of a regulated article or outdoor household article shall be furnished by the carrier to the consignee at the destination of the shipment. (c) Any qualified certified applicator who issues a certificate or OHA document shall at the time of issuance send a copy of the certificate or OHA document to the APHIS State Plant Health Director for the State in which the document is issued. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, 2007] § 301.45-9 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles, outdoor household articles, and gypsy moths as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). [58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001] § 301.45-10 Movement of live gypsy moths. Regulations requiring a permit for, and otherwise governing the movement of, live gypsy moths in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. § 301.45-11 Costs and charges. The services of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. § 301.45-12 Disqualification of qualified certified applicator to issue certificates. (a) Any qualified certified applicator may be disqualified from issuing certificates by the Administrator if he determines that one of the following has occurred: (1) Such person is not certified by a State and/or the Federal government as a commercial certified applicator under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a category allowing the application of restricted use pesticides. (2) Noncompliance with any of the provisions of this subpart or with stipulations agreed on in the compliance agreement between the certified applicator and the Administrator. (b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as circumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing certificates may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the disqualification. The appeal shall state all of the facts and reasons upon which the person relies to show that the disqualification was a wrongful action. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 72 FR 70764, Dec. 13, 2007] Subpart F—Japanese Beetle Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.48 Notice of quarantine; quarantine restrictions on interstate movement of regulated articles. (a) Pursuant to the provisions of sections 411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture heretofore determined after public hearing to quarantine the States of Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia in order to prevent the spread of the Japanese beetle, a dangerous insect injurious to cultivated crops and not theretofore widely prevalent or distributed within or throughout the United States. (b) No person shall move any regulated article interstate from any regulated airport destined to any of the following States except in accordance with the conditions prescribed in this subpart: Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and Washington. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534, July 6, 2004; 71 FR 35493, June 21, 2006] § 301.48-1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed, respectively, to mean: Administrator. Animal and Plant Health Inspection Service (APHIS). Compliance agreement. Inspector. Interstate. Japanese beetle. Popillia japonica Person. Regulated airport. Regulated articles. State. State Plant Regulatory Official. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 70 FR 33268, June 7, 2005; 87 FR 80006, Dec. 29, 2022] § 301.48-2 Authorization to designate, and terminate designation of, regulated airports. (a) An inspector may declare any airport within a quarantined State to be a regulated airport when he or she determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in § 301.48(b) may be leaving the airport. (b) An inspector shall terminate the designation provided for under paragraph (a) of this section when he or she determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] § 301.48-3 Notification of designation, and termination of designation, of regulated airports. Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designation has been terminated. The inspector shall also give the same information in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in § 301.48(b). The Administrator shall also give the same information to the State Plant Regulatory Official of each State designated in § 301.48(b) to which any regulated article will move. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] § 301.48-4 Conditions governing the interstate movement of regulated articles from quarantined States. A regulated article may be moved interstate from a regulated airport to any State 1 1 (a) An inspector, upon visual inspection of the airport and/or the aircraft, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present; or (b) The aircraft is opened and loaded only while it is enclosed inside a hangar that an inspector has determined to be free of and safeguarded against Japanese beetle; or (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 a.m. only or lands and departs during those hours and, in either situation, is kept completely closed while on the ground during the hours of 7:00 a.m. to 8:00 p.m.; or (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 p.m., the aircraft is inspected, treated, and safeguarded. Inspection, treatment, and safeguarding must be done either under a compliance agreement in accordance with § 301.48-8 or under the direct supervision of an inspector. On a case-by-case basis, inspectors will determine which of the following conditions, and any supplemental conditions deemed necessary by the Administrator to prevent the spread of Japanese beetle, are required: (1) All openings of the aircraft must be closed or safeguarded during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by other means approved by the Administrator. (2) All cargo containers that have not been safeguarded in a protected area must be inspected immediately prior to and during the loading process. All personnel must check their clothing immediately prior to entering the aircraft. All Japanese beetles found must be removed and destroyed. (3) All areas around doors and hatches or other openings in the aircraft must be inspected prior to removing the exclusionary devices. All Japanese beetles found must be removed and destroyed. All doors and hatches must be closed immediately after the exclusionary devices are moved away from the aircraft. (4) Aircraft must be treated in accordance with part 305 of this chapter no more than 1 hour before loading. Particular attention should be paid to the ball mat area and the holes around the main entrance. The aircraft must then be aerated under safeguard conditions as required by part 305 of this chapter. (5) Aircraft treatment records must be maintained by the applicator completing or supervising the treatment for a period of 2 years. These records must be provided upon request for review by an inspector. Treatment records shall include the pesticide used, the date of application, the location where the pesticide was applied (airport and aircraft), the amount of pesticide applied, and the name of the applicator. (6) When a designated aircraft is replaced with an alternate one just prior to departure (the procedure known as “tail swapping”), the alternate aircraft must be inspected and all Japanese beetles must be removed. The aircraft must be safeguarded by closing all openings and hatches or by equipping the aircraft with exclusionary devices until the aircraft is ready for use. During loading, all treatment and safeguard requirements applicable to regularly scheduled aircraft must be implemented. (7) Aircraft may be retreated in the noninfested State if live Japanese beetles are found. (8) Notification of unscheduled commercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in § 301.48(b). Notification of arriving military flights should also be given to base commanders to facilitate the entrance of Federal and/or State inspectors onto the base if necessary. [61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996; 70 FR 33268, June 7, 2005] § 301.48-5 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles and Japanese beetles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Administrator. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 66 FR 21051, Apr. 27, 2001] § 301.48-6 Movement of live Japanese beetles. Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Administrator. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996] § 301.48-7 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector. § 301.48-8 Compliance agreements and cancellation. (a) Any person engaged in the business of moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Any person who enters into a compliance agreement, and employees or agents of that person, must allow an inspector access to all records regarding treatment of aircraft and to all areas where loading, unloading, and treatment of aircraft occurs. (b) A compliance agreement may be canceled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing within 20 days of oral notification. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. A hearing will be held to resolve any conflict as to any material fact. The Administrator shall adopt rules of practice for the hearing. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. The compliance agreement will remain canceled pending the decision on the appeal. [61 FR 32641, June 25, 1996] Subpart G—Pine Shoot Beetle [Reserved] Subpart H—Asian Longhorned Beetle Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.51-1 Definitions. Administrator. Animal and Plant Health Inspection Service (APHIS). Asian longhorned beetle. Anoplophora glabripennis Certificate. Compliance agreement. Infestation. Inspector. Interstate. Limited permit. Moved (movement, move). Person. Quarantined area. Regulated article. State. [62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022] § 301.51-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80006, Dec. 29, 2022] § 301.51-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State or portion of a State in which the Asian longhorned beetle is present, in which the Administrator has reason to believe that the Asian longhorned beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where the Asian longhorned beetle has been found. The Administrator will publish a list of all quarantined areas (the quarantine list) on the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the Asian longhorned beetle. (b) The Administrator may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to owner or person in possession of the nonquarantined area, or in the case of publicly owned land, to the person responsible for the management of nonquarantined area. Thereafter, the interstate movement of any regulated articles from an area temporarily designated as quarantined area is subject to this subpart. As soon as practicable, this area will either be added to the quarantine list or the Administrator will terminate the designation. The owner or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation has terminated will be given written notice of the termination as soon as practicable. [87 FR 80006, Dec. 29, 2022] [62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022] § 301.51-5 Issuance and cancellation of certificates and limited permits. (a) An inspector 1 1 (1)(i) Is apparently free of Asian longhorned beetle in any stage of development, based on inspection of the regulated article; or (ii) Has been grown, produced, manufactured, stored, or handled in such a manner that, in the judgment of the inspector, the regulated article does not present a risk of spreading Asian longhorned beetle; and (2) Is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 2 (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. (b) An inspector or a person operating under a compliance agreement will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if he or she determines that the regulated article: (1) Is to be moved interstate to a specified destination for specific processing, handling, or utilization (the destination and other conditions to be listed on the limited permit), and this interstate movement will not result in the spread of Asian longhorned beetle because Asian longhorned beetle will be destroyed by the specific processing, handling, or utilization; and (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the Asian longhorned beetle; and (3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with § 301.51-6 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b), respectively, of this section. (d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. [62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001] § 301.51-6 Compliance agreements and cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement 1 1 (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the person who has entered into the compliance agreement has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. [62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022] § 301.51-7 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector 1 1 (b) The regulated articles must be assembled at the place and in the manner that the inspector designates as necessary to comply with this subpart. [62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022] § 301.51-8 Attachment and disposition of certificates and limited permits. (a) A regulated article must be plainly marked with the name and address of the consignor and the name and address of the consignee and must have the certificate or limited permit issued for the interstate movement of a regulated article securely attached at all times during interstate movement to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill; Provided, that the description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the destination of the shipment. § 301.51-9 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. Subpart I—Pink Bollworm Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.52 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Pectinophora gossypiella (b) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (c) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests Federal Register (2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register (d) Immediate designation of regulated articles. [87 FR 80006, Dec. 29, 2022] § 301.52-1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively to mean: Certificate. Compliance agreement. Deputy Administrator. Generally infested area. Infestation. Inspector. Interstate. Limited permit. Moved movement, move Person. Pink bollworm. Regulated area. Regulated articles. Restricted destination permit. Scientific permit. Suppressive area. [32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 17, 1987; 67 FR 34818, May 16, 2002; 70 FR 33268, June 7, 2005; 87 FR 80007, Dec. 29, 2022] § 301.52-2 Authorization for the Deputy Administrator to list regulated areas and suppressive or generally infested areas. (a) The Deputy Administrator will list as a regulated area each State or portion of a State in which evidence of a reproducing population of pink bollworm is present, or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions of these terms in § 301.52-1. The Deputy Administrator will publish a list of all regulated areas, including the suppressive and generally infested areas therein, at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a regulated area will be adequate to prevent the artificial interstate spread of pink bollworm. (b) [Reserved] [87 FR 80007, Dec. 29, 2022] § 301.52-2a [Reserved] § 301.52-3 Conditions governing the interstate movement of regulated articles from quarantined States. Any regulated articles may be moved interstate from any quarantined State under the following conditions: 1 1 (a) From any regulated area, with certificate or permit issued and attached in accordance with §§ 301.52-4 and 301.52-7 if moved: (1) From any regulated area into or through any point outside of the regulated areas; or (2) From any generally infested area into or through any suppressive area; or (3) Between any noncontiguous suppressive areas; or (4) Between contiguous suppressive areas when it is determined by the inspector that the regulated articles present a hazard of the spread of the pink bollworm and the person in possession thereof has been so notified; or (b) From any regulated area, without certificate or permit if moved; (1) From a generally infested area to a contiguous generally infested area; or (2) From a suppressive area to a contiguous generally infested area; or (3) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the pink bollworm exists; or (4) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or (c) From any area outside the regulated areas, without a certificate or permit if the point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. [32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987; 70 FR 33268, June 7, 2005; 87 FR 80007, Dec. 29, 2022] § 301.52-4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles by any inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Upon examination, have been found to be free of infestation; or (3) Have been treated to destroy infestation in accordance with part 305 of this chapter; or (4) Have been grown, produced, manufactured, stored, or handled in such manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles, not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with part 305 of this chapter, when upon evaluation of the circumstances involved in each specific case the inspector determines that such movement will not result in the spread of the pink bollworm and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement of regulated articles to any destination permitted under all applicable Federal domestic plant quarantines (for other than scientific purposes) if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart. (d) Scientific permits may be issued by the Deputy Administrator to allow the interstate movement of regulated articles for scientific purposes under such conditions as may be prescribed in each specific case by the Deputy Administrator. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may use the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has made one of the determination specified in paragraph (a) of this section with respect to such articles. Any such person may use the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specific destinations authorized by the inspector in accordance with paragraph (b) of this section. Any such person may use the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector if the inspector determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. [32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005] § 301.52-5 Compliance agreements; and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any compliance agreement may be cancelled by the inspector who is supervising its enforcement whenever the inspector finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. [32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005] § 301.52-6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.52-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection. § 301.52-7 Attachment and disposition of certificates or permits. (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.52-8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and pink bollworms as provided sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator. [32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001] § 301.52-9 Movement of live pink bollworms. Regulations requiring a permit for, and otherwise governing the movement of live pink bollworms in interstate or foreign commerce are contained in the Federal Plant Pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. § 301.52-10 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart J—Emerald Ash Borer [Reserved] Subpart K—South American Cactus Moth Source: 74 FR 27073, June 8, 2009, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.55 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 § 301.55-1 Definitions. Administrator. Animal and Plant Health Inspection Service (APHIS). Cactus plants. Certificate. Compliance agreement. Departmental permit. Infestation. Inspector. Interstate. Limited permit. Moved (move, movement). Person. Plant Protection and Quarantine (PPQ). Quarantined area. Regulated article. South American cactus moth. Cactoblastis cactorum, State. [74 FR 27073, June 8, 2009, as amended at 87 FR 80007, Dec. 29, 2022] § 301.55-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth [87 FR 80007, Dec. 29, 2022] § 301.55-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State, or each portion of a State, in which the South American cactus moth has been found by an inspector, in which the Administrator has reason to believe that the South American cactus moth is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities where South American cactus moth has been found. The Administrator will publish a list of all quarantined areas (the quarantine list) on the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will be adequate to prevent the interstate spread of the South American cactus moth. (b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give a copy of this subpart along with written notice of the temporary designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, the area will be added to the quarantine list or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which designation is terminated will be given written notice of the termination as soon as practicable. [87 FR 80007, Dec. 29, 2022] § 301.55-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 1 1 (a) With a certificate or limited permit issued and attached in accordance with §§ 301.555 and 301.55-8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated articles are cactus pads and fruits for consumption from outside the quarantined area that are being moved in accordance with the protocols described in a compliance agreement (see § 301.55-6(a)) to a commercial food warehouse or distribution center within the quarantined area and the regulated articles remain enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while within the quarantined area: and (d) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the departmental permit and found by the Administrator to be adequate to prevent the spread of the South American cactus moth; and (4) With a tag or label bearing the number of the departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container. [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] § 301.55-5 Issuance and cancellation of certificates and limited permits. (a) An inspector 1 1 (1) The regulated article to be moved and all other regulated articles on the premises have been grown and maintained indoors in a shadehouse or greenhouse and no other cactus moth host material exists on the premises outside of a shadehouse or greenhouse; (2) The regulated article to be moved and all other regulated articles on the premises are maintained on benches that are kept separate from benches containing non-host material; (3) The regulated article to be moved and all other regulated articles on the premises have been placed on a 21-day insecticide spray cycle and have been sprayed with Bacillus thuringiensis kurstaki, (4) The regulated article to be moved has been sprayed with Bacillus thuringiensis kurstaki, (5) If the regulated article was moved into the premises from another premises in a quarantined area listed in § 301.55-3, it was immediately placed inside the shadehouse or greenhouse and sprayed with Bacillus thuringiensis kurstaki, (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the South American cactus moth because life stages of the South American cactus moth will be destroyed by the specified handling, processing, or utilization; (2) It is to be moved in compliance with any additional conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of the South American cactus moth; and (3) It is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate or limited permit for interstate movement of a regulated article after an inspector has determined that the regulated article is eligible for a certificate or limited permit in accordance with paragraphs (a) or (b) of this section. (d) Any certificate or limited permit that has been issued may be canceled, either orally or in writing, by an inspector whenever the inspector determines that the holder of the limited permit has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit. Any person whose certificate or limited permit has been canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0337) [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] § 301.55-6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart or the terms of the compliance agreement. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0337) [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] § 301.55-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue limited permits under § 301.555(c)) who desires a certificate or limited permit to move a regulated article interstate must request an inspector 1 1 (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] § 301.55-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579-0337) § 301.55-9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for all costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart L—Plum Pox Source: 65 FR 35264, June 2, 2000, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.74 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 [65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001] § 301.74-1 Definitions. The following definitions apply to this subpart. Administrator. Animal and Plant Health Inspection Service. Departmental permit. Infestation (infested, infected). Inspector. Interstate. Moved (move, movement). Person. Plant Protection and Quarantine. Plum pox. Prunus Quarantined area. Regulated article. State. [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] § 301.74-2 Regulated articles. (a) The Administrator has determined that certain articles present a risk of spreading plum pox. A list of all such articles is found on the internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (b) An inspector may designate any other product or article as a regulated article, if the inspector determines it to present a risk of spreading plum pox, and after the inspector notifies the person in possession of the product or article that it is subject to the restrictions in this subpart. [87 FR 80008, Dec. 29, 2022] § 301.74-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State, or each portion of a State, in which plum pox has been detected through inspection and laboratory testing, or in which the Administrator has reason to believe that plum pox is present, or that the Administrator considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which plum pox has been detected. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a quarantined area will be adequate to prevent the interstate spread of plum pox. (b) The Administrator or an inspector may temporarily designate any nonquarantined area in a State as a quarantined area in accordance with paragraph (a) of this section. The Administrator will give a copy of this subpart along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the quarantine list or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which the quarantine designation is terminated will be given notice of the termination as soon as practicable. [87 FR 80008, Dec. 29, 2022] § 301.74-4 Conditions governing the interstate movement of regulated articles from quarantined areas. The interstate movement of any regulated article from a quarantined area 1 1 (a) The regulated article is moved by the United States Department of Agriculture: (1) For an experimental or scientific purpose; (2) Pursuant to a Departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plum pox; and (4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container; or (b) The regulated article originated outside the quarantined area and: (1) Is moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or other closely woven cloth) adequate to prevent access by aphids or other transmission agents of plum pox while in the quarantined area; (2) The regulated article's point of origin is indicated on the waybill; and (3) The regulated article must not be uncovered, unpacked, or unloaded while moving through the quarantined area. [74 FR 27073, June 8, 2009, as amended at 87 FR 80009, Dec. 29, 2022] § 301.74-5 Compensation. (a) Eligibility. (1) Owners of commercial stone fruit orchards. (i) Direct marketers. (A) The fruit must have been sold exclusively at farmers markets or similar outlets that require orchard owners to sell only fruit that they produce; (B) The fruit must not have been marketed wholesale or at reduced prices in bulk to supermarkets or other retail outlets; (C) The fruit must have been marketed directly to consumers; and (D) Orchard owners must have records documenting that they have met the requirements of this section, and must submit those records to APHIS as part of their application submitted in accordance with paragraph (c) of this section. (ii) All other orchard owners. (2) Owners of fruit tree nurseries. (3) Owners of non-fruit-bearing ornamental tree nurseries. (b) Amount of payment. (1) Owners of commercial stone fruit orchards Direct marketers. Age of trees (years) Maximum compensation Maximum additional Maximum additional 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. Age of trees (years) Maximum compensation Maximum additional Maximum additional 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. (i) First year crop. i.e., expected number of trees to be sold average price per tree digging, grading, and storage costs (A) The expected number of trees to be sold equals the number of trees in the field minus 2 percent culls minus 3 percent unsold trees; and (B) The average price per tree is $5.22 for plum and apricot trees and $3.69 for peach and nectarine trees; and (C) Digging, grading and storage costs are $0.10 per tree. (ii) Second year crop. i.e., expected number of trees to be sold average price per tree (A) The expected number of trees to be sold equals the number of budded trees in the field minus 20 percent death loss minus 2 percent culls; and (B) The average price per tree is $5.22 for plum and apricot trees and $3.69 for peach and nectarine trees. (3) Owners of non-fruit-bearing ornamental tree nurseries. (c) How to apply. http://www.aphis.usda.gov/plant_health/plant_pest_info/plum_pox/index.shtml. (1) Claims by owners of stone fruit orchards who are direct marketers. (i) A copy of the emergency action notification ordering the destruction of the trees and its accompanying inventory that describes the acreage and ages of trees removed; (ii) Documentation verifying that the destruction of trees has been completed and the date of that destruction; and (iii) Records documenting that the grower meets the eligibility requirements of paragraph (a)(1)(i) of this section. (2) Claims by owners of commercial stone fruit orchards who are not direct marketers. (3) Claims by owners of fruit tree nurseries and owners of non-fruit-bearing ornamental tree nurseries. (d) Replanting. Prunus i.e. Prunus (Approved by the Office of Management and Budget under control numbers 0579-0159 and 0579-0251) [65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004; 77 FR 5383, Feb. 3, 2012] Subpart M—Citrus Canker Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Notice of Quarantine and Regulations § 301.75-1 Definitions. ACC coverage. Administrator. Animal and Plant Health Inspection Service. Budded citrus nursery stock. Budded container/greenhouse grown citrus plants. Budded field grown citrus plants. Certificate. Certified citrus nursery stock. Citrus canker. Xanthomonas citri. citri. Commercial citrus grove. Commercial citrus nursery. Commercial citrus-producing area. Commercial packinghouse. Compliance agreement. Departmental permit. Departmental tag or label. Exposed. Grove. Infected. Infestation. Inspector. Interstate. Limited permit. Liner or rootstock. Lot. i.e. Move. Movement. Nursery. Nursery stock. Person. Public order. Quarantined area. Regulated article. Regulated fruit, regulated nursery stock, regulated plant, regulated seed, regulated tree. Seedlings. State. United States. [55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011; 87 FR 80009, Dec. 29, 2022; 88 FR 85470, Dec. 8, 2023] § 301.75-2 General prohibitions. (a) Regulated articles may not be moved interstate from a quarantined area except in accordance with a protocol in §§ 301.75-6, 301.75-7, or 301.75-8, or in accordance with § 301.75-4 if less than an entire State is designated as a quarantined area. Regulated articles may be moved in accordance with the regulations in § 301.75-9 for scientific or experimental purposes only. (b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any commercial citrus-producing area, except as follows: The regulated articles may be moved through a commercial citrus-producing area if they are covered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the permission of an inspector. (c) Regulated articles moved interstate with a limited permit to an area of the United States that is not a commercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area. [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990; 72 FR 13427, Mar. 22, 2007] § 301.75-3 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80009, Dec. 29, 2022] § 301.75-4 Quarantined areas. (a) Quarantined areas. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. Federal Register (1) Survey. (2) Intrastate movement of regulated articles. (i) Regulated fruit may be moved intrastate from a quarantined area for processing into a product other than fresh fruit if all of the following conditions are met: (A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for processing, and the date the intrastate movement began; (B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement; (C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with part 305 of this chapter before leaving the premises where the regulated fruit is unloaded for processing; and (D) All leaves, litter, and culls collected from the shipment of regulated fruit at the processing facility are either incinerated at the processing facility or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. (ii) Regulated fruit may be moved intrastate from a quarantined area for packing, either for subsequent interstate movement with a limited permit or for export from the United States, if all of the following conditions are met: (A) The regulated fruit is accompanied by a document that states the location of the grove in which the regulated fruit was produced, the variety and quantity of regulated fruit being moved intrastate, the address to which the regulated fruit will be delivered for packing, and the date the intrastate movement began; (B) The regulated fruit and any leaves and litter are completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement; (C) The vehicles, covers, and any containers used to carry the regulated fruit intrastate are treated in accordance with part 305 of this chapter before leaving the premises where the regulated fruit is unloaded for packing; (D) Any equipment that comes in contact with the regulated fruit at the packing plant is treated in accordance with part 305 of this chapter before being used to handle any fruit eligible for interstate movement to commercial citrus-producing areas; and (E) All leaves and litter collected from the shipment of regulated fruit at the packing plant are either incinerated at the packing plant or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. All culls collected from the shipment of regulated fruit are either processed into a product other than fresh fruit, incinerated at the packing plant, or buried at a public landfill that is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. Any culls moved intrastate for processing must be completely covered, or enclosed in containers or in a compartment of a vehicle, during the intrastate movement, and the vehicles, covers, and any containers used to carry the regulated fruit must be treated in accordance with part 305 of this chapter before leaving the premises where the regulated fruit is unloaded for processing. (iii) Grass, tree, and plant clippings may be moved intrastate from the quarantined area for disposal in a public landfill or for composting in a recycling facility, if all of the following conditions are met: (A) The public landfill or recycling facility is located within the survey area described in paragraph (d)(1) of this section; (B) The grass, tree, or plant clippings are completely covered during the movement from the quarantined area to the public landfill or recycling facility; and (C) Any public landfill used is fenced, prohibits the removal of dumped material, and covers dumped material with dirt at the end of every day that dumping occurs. (3) Inspections. (ii) In the quarantined area, every regulated plant and regulated tree at every nursery containing regulated plants or regulated trees is inspected for citrus canker by an inspector at intervals of no more than 45 days. (4) Treatment of personnel, vehicles, and equipment. (5) Destruction of infected plants and trees. (b) Designation change. (c) Removal of areas from quarantine. [87 FR 80009, Dec. 29, 2022] § 301.75-5 Commercial citrus-producing areas. (a) The areas as shown in the following table are designated as commercial citrus-producing areas: Table 1 to Paragraph ( a Commercial citrus-producing areas Alabama. American Samoa. Arizona. California. Florida. Guam. Hawaii. Louisiana. Northern Mariana Islands. Puerto Rico. Texas. Virgin Islands of the United States. (b) The list in paragraph (a) of this section is intended to include jurisdictions which have commercial citrus-producing areas. Less than an entire State may be designated as a commercial citrus-producing area only if the Administrator determines that the area not included as a commercial citrus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate movement from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to prevent the interstate spread of citrus canker. [50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986, as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990; 88 FR 85470, Dec. 8, 2023] § 301.75-6 Interstate movement of regulated nursery stock from a quarantined area. (a) Regulated nursery stock may not be moved interstate from a quarantined area unless such movement is authorized in this section. (b) Kumquat ( Fortunella (1) The plants are own-root-only and have not been grafted or budded; (2) The plants are started, are grown, and have been maintained solely at the nursery from which they will be moved interstate. (3) If the plants are not grown from seed, then the cuttings used for propagation of the plants are taken from plants located on the same nursery premises or from another nursery that is eligible to produce kumquat plants for interstate movement under the requirements of this paragraph (b). Cuttings may not be obtained from properties where citrus canker is present. (4) All citrus plants at the nursery premises have undergone State inspection and have been found to be free of citrus canker no less than three times. The inspections must be at intervals of 30 to 45 days, with the most recent inspection being within 30 days of the date on which the plants are removed and packed for shipment. (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, or related services in the nursery must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. All personnel who enter the nursery to provide these services must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. (6) If citrus canker is found in the nursery, all regulated plants and plant material must be removed from the nursery and all areas of the nursery's facilities where plants are grown and all associated equipment and tools used at the nursery must be treated in accordance with part 305 of this chapter in order for the nursery to be eligible to produce kumquat plants to be moved interstate under this paragraph (b). Fifteen days after these actions are completed, the nursery may receive new kumquat seed or cuttings from a nursery that is eligible to produce kumquat plants for interstate movement under this paragraph (b). (7) The plants, except for plants that are hermetically sealed in plastic bags before leaving the nursery, are completely enclosed in containers or vehicle compartments during movement through the quarantined area. (8) The kumquat plants or trees are accompanied by a limited permit issued in accordance with § 301.75-12. The statement “Limited permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United States” must be displayed on a plastic or metal tag attached to each plant, or on the box or container if the plant is sealed in plastic. In addition, this statement must be displayed on the outside of any shipping containers used to transport these plants, and the limited permit must be attached to the bill of lading or other shipping document that accompanies the plants. (c) Regulated nursery stock produced in a nursery within a quarantined area may be moved interstate to any area within the United States, if all of the following conditions are met: (1) The nursery in which the nursery stock is produced has entered into a compliance agreement in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in a PPQ protocol document. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 1 1 http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/index.shtml (2) An inspector has determined that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is accompanied by a certificate issued in accordance with § 301.75-12. (4) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (5) A copy of the certificate is attached to the consignee's copy of the accompanying waybill. (d) Regulated nursery stock produced in a nursery located in a quarantined area that is not eligible for movement under paragraph (b) or paragraph (c) of this section may be moved interstate only for immediate export. The regulated nursery stock must be accompanied by a limited permit issued in accordance with § 301.75-12 and must be moved in a container sealed by APHIS directly to the port of export in accordance with the conditions of the limited permit. (Approved by the Office of Management and Budget under control number 0579-0363) [72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8 2023] § 301.75-7 Interstate movement of regulated fruit from a quarantined area. (a) Regulated fruit produced in a quarantined area or moved into a quarantined area for packing may be moved interstate with a certificate issued and attached in accordance with § 301.75-12 if all of the following conditions are met: (1) The regulated fruit was packed in a commercial packinghouse whose owner or operator has entered into a compliance agreement with APHIS in accordance with § 301.75-13. (2) The regulated fruit was treated in accordance with part 305 of this chapter. (3) The regulated fruit is free of leaves, twigs, and other plant parts, except for stems that are less than 1 inch long and attached to the fruit. (4) If the fruit is repackaged after being packed in a commercial packinghouse and before it is moved interstate from the quarantined area, the person that repackages the fruit must enter into a compliance agreement with APHIS in accordance with § 301.75-13 and issue and attach a certificate for the interstate movement of the fruit in accordance with § 301.75-12. (b) Regulated fruit that is not eligible for movement under paragraph (a) of this section may be moved interstate only for immediate export. The regulated fruit must be accompanied by a limited permit issued in accordance with § 301.75-12 and must be moved in a container sealed by APHIS directly to the port of export in accordance with the conditions of the limited permit. (Approved by the Office of Management and Budget under control number 0579-0363) [74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010; 88 FR 85470, Dec. 8, 2023] § 301.75-8 Interstate movement of regulated seed from a quarantined area. Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met: (a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was extracted. (b) The regulated seed was treated in accordance with part 305 of this chapter. (c) The regulated seed is accompanied by a certificate issued in accordance with § 301.75-12. [55 FR 37452, Sept. 11, 1990, as amended at 75 FR 4240, Jan. 26, 2010; 87 FR 80010, Dec. 29, 2022] § 301.75-9 Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes. A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States Department of Agriculture for experimental or scientific purposes; (b) Moved pursuant to a Departmental permit issued for such article by the Administrator; (c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and (d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article. [50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] § 301.75-10 Interstate movement of regulated articles through a quarantined area. Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met: (a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began. (b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with § 301.75-7, is added to the shipment in the quarantined area. (c) The regulated article is completely covered, or enclosed in containers or in a compartment of a vehicle, during movement through the quarantined area, except that, covering or enclosure is not required if the regulated article is moved through the quarantined area without stopping, except for refueling or for traffic conditions, such as traffic lights or stop signs. [55 FR 37452, Sept. 11, 1990, as amended at 87 FR 80010, Dec. 29, 2022] § 301.75-11 [Reserved] § 301.75-12 Certificates and limited permits. (a) Issuance and withdrawal. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (i) The outside of the regulated article, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified. (2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. (Approved by the Office of Management and Budget under control number 0579-0363) [55 FR 37453, Sept. 11, 1990, as amended at 72 FR 13428, Mar. 22, 2007; 74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] § 301.75-13 Compliance agreements. (a) Eligibility. (b) Cancellation. (Approved by the Office of Management and Budget under control number 0579-0363) [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] § 301.75-14 Costs and charges. The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] § 301.75-15 Funds for the replacement of commercial citrus trees. Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees in accordance with the provisions of this section. (a) Eligibility. (b) Tree replacement payments. Variety Maximum payment per acre Grapefruit, red seedless $2,704 Orange, Valencia 3,198 Orange, early/midseason/navel 3,068 Tangelo 2,964 Lime 4,004 Other or mixed citrus 2,704 (c) How to apply for tree replacement funds. (Approved by the Office of Management and Budget under control number 0579-0163) [65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001] § 301.75-16 Payments for the recovery of lost production income. Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive payments in accordance with the provisions of this section to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker. (a) Eligibility. (b) Calculation of payments. Citrus variety Payment Grapefruit $3,342 Orange, Valencia, and tangerine 6,446 Orange, navel (includes early and midseason oranges) 6,384 Tangelo 1,989 Lime 6,503 Other or mixed citrus 3,342 (2) Payment adjustments. (ii) In cases where ACC coverage was available for trees in a commercial citrus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under paragraph (b)(1) of this section will be reduced by 5 percent. (c) How to apply for lost production payments. [66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, June 8, 2006] § 301.75-17 Funds for the replacement of certified citrus nursery stock. Subject to the availability of appropriated funds, a commercial citrus nursery may be eligible to receive funds to replace certified citrus nursery stock in accordance with the provisions of this section. (a) Eligibility. (b) Certified citrus nursery stock payments. Type of certified nursery stock Payment Seedlings 0.18/plant. Liners or rootstock 1.50/plant. Budded field grown citrus plants 4.00/plant. Budded container/greenhouse citrus plants 4.50/plant. Citrus nursery stock in containers for wholesale or retail sale: 1 gallon 5.00/container. 3 gallon 10.00/container. 5 gallon 15.00/container. 7 gallon 20.00/container. Larger than 7 gallon 26.00/container. (c) How to apply for certified nursery stock replacement funds. [71 FR 33172, June 8, 2006] Subpart N—Citrus Greening and Asian Citrus Psyllid Source: 75 FR 34332, June 17, 2010, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.76 Restrictions on the interstate movement of regulated articles. No person may move interstate from any quarantined area any articles regulated for citrus greening and Asian citrus psyllid, except in accordance with this subpart. 1 1 § 301.76-1 Definitions. Administrator. Animal and Plant Health Inspection Service (APHIS). Asian citrus psyllid. Diaphorina citri Certificate. Citrus greening. Candidatus Commercial citrus grove. Compliance agreement. EPA. Established population. Inspector. Interstate. Limited permit. Moved (move, movement). Nursery. Nursery stock. Person. Port. Quarantined area. Regulated article. State. [75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012; 87 FR 80010, Dec. 29, 2022] § 301.76-2 Regulated articles for Asian citrus psyllid and citrus greening. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acp www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greening, www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/acpand/ www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greeningpresentsariskofspreadingAsiancitruspsyllidand/ Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. (d) Exemption after certain methods of processing. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus. [87 FR 80010, Dec. 29, 2022] § 301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid. (a) The Administrator will designate an area as a quarantined area for citrus greening or as a quarantined area for Asian citrus psyllid in accordance with the criteria listed in paragraph (c) of this section. The Administrator will publish a description of all areas quarantined for citrus greening or Asian citrus psyllid on the Plant Protection and Quarantine (PPQ) Web site: ( http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml http://www.aphis.usda.gov/services/report_pest_disease/report_pest_disease.shtml Federal Register (b) Designation of an area less than an entire State as a quarantined area. (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of citrus greening or Asian citrus psyllid. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area for citrus greening or Asian citrus psyllid. (2) A State, or portion of a State, will be designated as a quarantined area for Asian citrus psyllid in which an established population of Asian citrus psyllids has been detected. (3) A State, or portion of a State, will be designated as a quarantined area for either citrus greening or Asian citrus psyllid if the Administrator considers it necessary to quarantine the area because of its inseparability for quarantine enforcement purposes from localities in which citrus greening or an established population of Asian citrus psyllids has been found. § 301.76-4 Labeling requirements for regulated nursery stock produced within an area quarantined for citrus greening. (a) Effective September 15, 2010, except as provided in paragraphs (b) and (c) of this section, all regulated nursery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-approved plastic or metal tag on which a statement alerting consumers to Federal prohibitions regarding the interstate movement of the article is prominently and legibly displayed. Alternatively, if the article is destined for commercial sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is prominently and legibly displayed. The operator of the site of propagation of the nursery stock and the person offering the plants for commercial sale are jointly responsible for all such labeling. (b) Nursery stock produced within a quarantined area for planting in a commercial citrus grove within that same area and moved directly to that grove, without movement outside of the quarantined area, may be moved without being labeled in accordance with paragraph (a) of this section. (c) Nursery stock that will be moved interstate in accordance with § 301.76-7 may be moved without being labeled in accordance with paragraph (a) of this section. (Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011] § 301.76-5 General conditions governing the issuance of any certificate or limited permit; provisions for cancellation of a certificate or limited permit. (a) Certificates. (1) Will be moved in compliance with any additional emergency conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 1 1 (2) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the article. (b) Limited permits. (1) Is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit) and this movement of the regulated article will not result in the spread of citrus greening or the Asian citrus psyllid; (2) Is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of citrus greening and the Asian citrus psyllid; and (3) Is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the article. (c) Certificates and limited permits for the interstate movement of a regulated article may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article after he or she has determined that the article is eligible for a certificate in accordance with paragraph (a) of this section and all other relevant conditions of this subpart. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article after he or she has determined that the article is eligible for a limited permit in accordance with paragraph (b) of this section and all other relevant conditions of this subpart. (d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all of the provisions in this subpart or has not complied with all the conditions contained in the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as soon as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (e) Unless specific provisions exist in § 301.76-6 or § 301.76-7 to allow the interstate movement of a certain regulated article, the interstate movement of that article is prohibited. (Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 87 FR 80011, Dec. 29, 2022] § 301.76-6 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for Asian citrus psyllid, but not for citrus greening. (a) Additional conditions for issuance of a certificate; any regulated article. (1) The article is treated with methyl bromide 1 1 (2) The article is shipped in a container that has been sealed with an agricultural seal placed by an inspector. (3) The container that will be moved interstate is clearly labeled with the certificate. (4) A copy of the certificate will be attached to the consignee's copy of the accompanying waybill. (b) Additional conditions for issuance of a certificate; regulated nursery stock. (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in a PPQ protocol document. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 2 2 http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/index.shtml (2) An inspector determines that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (4) A copy of the certificate is attached to the consignee's copy of the accompanying waybill. (c) Additional conditions for issuance of a limited permit; regulated nursery stock. Nursery stock that will not be moved through American Samoa, Arizona, California, Florida, Guam, Hawaii, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. (i) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in accordance with § 301.76-8; (ii) All citrus nursery stock at the nursery has been inspected by an inspector every 30 days, and any findings of Asian citrus psyllid during an inspection have been reported to APHIS immediately; (iii) The nursery stock is treated for Asian citrus psyllid with an APHIS-approved soil drench or in-ground granular application no more than 90 days and no fewer than 30 days before shipment, followed by an APHIS-approved foliar spray no more than 10 days before shipment. All treatments must be applied according to their EPA label, including directions on application, restrictions on place of application and other restrictions, and precautions, and including statements pertaining to Worker Protection Standards; (iv) The nursery stock is affixed prior to movement with a plastic or metal tag on which the statement “Limited permit: USDA-APHIS-PPQ. Not for distribution in those portions of AZ and CA not quarantined due to the presence of Asian citrus psyllid or citrus greening” is prominently and legibly displayed on the obverse, and adequate information as determined by APHIS regarding the identity of the nursery stock and its source of production to conduct traceback to the nursery in which the nursery stock was produced is prominently and legibly printed on the reverse. If the nursery stock is destined for movement or sale in boxes or containers, the statement and the identifying information may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement and the identifying information are prominently and legibly displayed; (v) A copy of the limited permit will be attached to the consignee's copy of the accompanying waybill; and (vi) The nursery stock is shipped in accordance with the conditions specified on the limited permit to the destination specified on the permit. (2) Nursery stock that will be moved through American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. (i) All conditions for movement of regulated nursery stock in paragraphs (c)(1)(i) through (iv) of this section are fulfilled; (ii) The nursery stock is inspected by an inspector on the date of shipment and found free of Asian citrus psyllid; (iii) The nursery stock is completely enclosed in a container sealed with an agricultural seal and is moved interstate in that container; (iv) The container prominently and legibly displays the statement and identifying information specified in paragraph (c)(1)(iv) of this section; (v) The agricultural seal remains intact throughout movement to the destination specified on the limited permit; and (vi) The agricultural seal is removed at the destination specified on the limited permit by an inspector. (d) Additional conditions for issuance of a limited permit; regulated articles intended for consumption, as apparel or as a similar personal accessory, or for other decorative use. 3 3 Bergera Murraya koenigii Murraya paniculata (1) The articles are treated with irradiation in accordance with part 305 of this chapter at an irradiation facility that is not located in an area quarantined for citrus greening. (2) The container that will be used to move the articles interstate is clearly labeled with the limited permit, which must contain the name of the State or portion of a State where the articles were produced and a statement that the articles were treated in accordance with 305 of this chapter. (3) A copy of the limited permit is attached to the consignee's copy of the accompanying waybill. (Approved by the Office of Management and Budget under control number 0579-0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 78 FR 63367, Oct. 24, 2013; 87 FR 80011, Dec. 29, 2022] § 301.76-7 Additional conditions for issuance of certificates and limited permits for regulated articles moved interstate from areas quarantined for citrus greening. (a) Additional conditions for the issuance of a certificate; regulated nursery stock produced within a nursery located in the quarantined area. (1) The nursery in which the nursery stock is produced has entered into a compliance agreement with APHIS in which it agrees to meet the relevant construction standards, sourcing and certification requirements, cleaning, disinfecting, and safeguarding requirements, labeling requirements, and recordkeeping and inspection requirements specified in a PPQ protocol document. The protocol document will be provided to the person at the time he or she enters into the compliance agreement. 1 1 http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/index.shtml (2) An inspector has determined that the nursery has adhered to all terms and conditions of the compliance agreement. (3) The nursery stock is completely enclosed in a sealed container that is clearly labeled with the certificate and is moved interstate in that container. (4) A copy of the certificate is attached to the consignee's copy of the accompanying waybill. (b) Additional conditions for issuance of a limited permit; regulated nursery stock grown, produced, or maintained at a nursery or other facility located in the quarantined area. (1) The nursery stock is treated for Asian citrus psyllid with an APHIS-approved soil drench or in-ground granular application, followed by an APHIS-approved foliar spray, in accordance with § 301.76-6(b)(1), or with methyl bromide, in accordance with 305 of this chapter. (2) The nursery stock is inspected by an inspector in accordance with § 301.76-9 and found free of Asian citrus psyllid, if treated in accordance with § 301.76-6(b)(1). (3) The nursery stock is affixed prior to movement with a plastic or metal tag on which the statement “Limited permit: USDA-APHIS-PPQ. For immediate export only” is prominently and legibly displayed. If the nursery stock is destined for movement or sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is prominently and legibly displayed. (4) The nursery stock is accompanied by a copy of this limited permit attached to the consignee's copy of the waybill. (5) The nursery stock is moved in accordance with the conditions specified on the limited permit directly to the port of export specified on the limit permit, in a container sealed with an agricultural seal placed by an inspector. (6) A copy of the limited permit is attached to or legibly printed on this container. (7) The nursery stock remains in this container, and the container remains sealed, as long as the plants are within the United States. (c) Except for nursery stock for which a limited permit has been issued in accordance with the conditions of paragraph (a) or (b) of this section, no other regulated article may be moved interstate from an area quarantined for citrus greening. (Approved by the Office of Management and Budget under control number 0579-0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23458, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] § 301.76-8 Compliance agreements and cancellation. (a) Any person involved in the growing, maintaining, processing, handling, packing, treating, or moving of regulating articles from areas quarantined for citrus greening or Asian citrus psyllid may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. The person must also agree to maintain and offer for inspection such records as are necessary to demonstrate continual adherence to the requirements of the regulations and the provisions of the compliance agreement. 1 1 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compliance agreement itself. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongly canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579-0363 and 0579-0369) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] § 301.76-9 Inspection of regulated nursery stock. All nursery stock intended for interstate movement for immediate export from an area quarantined for citrus greening, must be inspected by an inspector 1 1 (Approved by the Office of Management and Budget under control number 0579-0363) [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] § 301.76-10 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, or a copy thereof, must, at all times during the interstate movement, be: (1) Attached to or legibly printed on the outside of the container containing the regulated article or attached to the regulated article itself, if the article is not packed in a container; and (2) Attached to or legibly printed on the sealed container in which the article is shipped; and (3) Attached to the consignee's copy of the accompanying waybill. The host article must be sufficiently described on the certificate or limited permit and on the waybill to identify the article. (b) The certificate or limited permit for the interstate movement of a host article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. § 301.76-11 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart O—Witchweed Quarantine and Regulations § 301.80 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Striga (b) Quarantine restrictions on the interstate movement of regulated articles. (c) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program. www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd. (d) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program Federal Register (2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register (e) Immediate designation of regulated articles. [87 FR 80011, Dec. 29, 2022] § 301.80-1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Certificate. Compliance agreement. Deputy Administrator. Farm tools. Generally infested area. Infestation. Inspector. Interstate. Limited permit. Mechanized cultivating equipment; and mechanized harvesting equipment. Mechanized soil-moving equipment. Moved movement, move Person. Plant Protection and Quarantine Programs. Regulated area. Regulated articles. Restricted destination permit. Scientific permit. Soil. State. Suppressive area. Treatment Manual. 1 1 Witchweed. Striga [41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001; 87 FR 80011, Dec. 29, 2022] § 301.80-2 Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements. (a) List of regulated areas and suppressive or generally infested areas. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (1) The State has adopted and is enforcing a quarantine which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the interstate spread of witchweed. (b) Temporary designation of regulated areas and suppressive or generally infested areas. (c) Termination of designation as a regulated area and a suppressive or generally infested area. (d) Exemption of articles from certification, permit, or other requirements. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program [87 FR 80012, Dec. 29, 2022] § 301.80-2a [Reserved] § 301.80-2b [Reserved] § 301.80-3 Conditions governing the interstate movement of regulated articles from quarantined States. (a) Any regulated articles, except soil samples for processing, testing, or analysis, may be moved interstate from any quarantined State under the following conditions: 1 (1) With certificate or permit issued and attached in accordance with §§ 301.80-4 and 301.80-7, if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous suppressive areas; or (iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the witchweed and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) Without certificate or permit if moved: (i) From any regulated area under the provisions of § 301.80-2 which exempt certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the witchweed exists; or (v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or (3) From any area outside the regulated areas, if moved: (i) With a certificate or permit attached; or (ii) Without a certificate or permit, if: (A) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.80-2; or (B) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. (b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing, or analysis may be moved interstate from any regulated area only to laboratories approved 2 2 www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD [41 FR 27373, July 2, 1976, as amended at 87 FR 80012, Dec. 29, 2022] § 301.80-4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy infestation in accordance with the treatment manual; or (3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing, or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of witchweed and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart. (d) Scientific permits to allow the interstate movement of regulated articles, and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations, may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of witchweed. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments of regulated articles (except soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. As soon as possible after such withdrawal, the holder of the certificate or permit shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present his views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80-5 Compliance agreements; and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever he finds that such other party has failed to comply with the conditions of the agreement. As soon as possible after such cancellation, such party shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80-6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.80-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such a manner as the inspector designates to facilitate inspection. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976] § 301.80-7 Attachment and disposition of certificates or permits. (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificates or permit shall be securely attached to the outside of the container in which such articles are moved except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] § 301.80-8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and witchweed as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in accordance with instructions issued by the Deputy Administrator. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001] § 301.80-9 Movement of witchweed. Regulations requiring a permit for, and otherwise governing the movement of witchweed in interstate or foreign commerce are contained in the Federal plant pest regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] § 301.80-10 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. [35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971] Subpart P—Imported Fire Ant Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.81 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. § 301.81-1 Definitions. Administrator. Animal and Plant Health Inspection Service. Certificate. Compliance agreement. Imported fire ant. Solenopsis invicta Solenopsis richteri Infestation (infested). Inspector. Interstate. Limited permit. Movement (moved). Noncompacted soil. 1/2 Person. Reproducing colony. Soil. Soil-moving equipment. State. § 301.81-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80012, Dec. 29, 2022] § 301.81-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area each State or portion of a State determined to be infested with the imported fire ant. The Administrator will also list as a quarantined area an area that is uninfested but determined to be in proximity to an infestation or that is determined to be inseparable from an infested locality for quarantine purposes; such a determination will be based on projections of spread of imported fire ant around the periphery of the infestation, as determined by previous years' surveys; availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of imported fire ant populations; and the necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to the interstate movement restrictions imposed by this subpart; and (2) Designating less than the entire State as a quarantined area will prevent the spread of the imported fire ant. (b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the quarantine list, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable. [87 FR 80012, Dec. 29, 2022] § 301.81-4 Interstate movement of regulated articles from quarantined areas. (a) Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§ 301.81-5 and 301.81-9; (2) Without a certificate or limited permit, provided that each of the following conditions is met: (i) The regulated article was moved into the quarantined area from an area that is not quarantined; (ii) The point of origin is indicated on a waybill accompanying the regulated article; (iii) The regulated article is moved through the quarantined area (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs), or has been stored, packed, or parked in locations inaccessible to the imported fire ant, or in locations that have been treated in accordance with part 305 of this chapter, while in or moving through any quarantined area; and (iv) The article has not been combined or commingled with other articles so as to lose its individual identity; or (3) Without a certificate or limited permit provided the regulated article is a soil sample being moved to a laboratory approved by the Administrator 1 1 www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD (b) Inspectors are authorized to stop any person or means of conveyance moving in interstate commerce they have probable cause to believe is moving regulated articles, and to inspect the articles being moved and the means of conveyance. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with part 305 of this chapter. (Approved by the Office of Management and Budget under control number 0579-0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] § 301.81-5 Issuance of a certificate or limited permit. (a) An inspector 1 1 (1) Is eligible for unrestricted movement under all other applicable Federal domestic plant quarantines and regulations; (2) Is to be moved interstate in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; 2 2 (3)(i) Is free of an imported fire ant infestation, based on his or her visual examination of the article; (ii) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of the imported fire ant; (iii) Has been treated in accordance with part 305 of this chapter; or. (iv) If the article is containerized nursery stock, it has been produced in accordance with § 301.81-11. (b) An inspector will issue a limited permit for the interstate movement of a regulated article not eligible for a certificate if the inspector determines that the regulated article: (1) Is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the imported fire ant because the imported fire ant will be destroyed by the specified handling, utilization, or processing; (2) Is to be moved interstate in compliance with any conditions that the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; and (3) Is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) An inspector shall issue blank certificates to a person operating under a compliance agreement (in accordance with § 301.81-6) or authorize reproduction of the certificates on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates may then be completed and used, as needed, for the interstate movement of regulated articles that have met all of the requirements of paragraph (a) of this section. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] § 301.81-6 Compliance agreements. --> Persons who grow, handle, or move regulated articles interstate may enter into a compliance agreement 1 1 [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994; 75 FR 4240, Jan. 26, 2010; 87 FR 80013, Dec. 29, 2022] § 301.81-7 Cancellation of a certificate, limited permit, or compliance agreement. Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. (Approved by the Office of Management and Budget under control number 0579-0102) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81-8 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services from an inspector 1 1 (b) The regulated articles must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 87 FR 80013, Dec. 29, 2022] § 301.81-9 Attachment and disposition of certificates and limited permits. (a) The consignor must ensure that the certificate or limited permit authorizing interstate movement of a regulated article is, at all times during interstate movement, attached to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill: Provided, (b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a regulated article to the consignee at the shipment's destination. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994] § 301.81-10 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The United States Department of Agriculture will not be responsible for any other costs or charges. § 301.81-11 Imported fire ant detection, control, exclusion, and enforcement program for nurseries producing containerized plants. This detection, control, exclusion, and enforcement program is designed to keep nurseries free of the imported fire ant and provides a basis to certify containerized nursery stock for interstate movement. Participating regulated establishments must be operating under a compliance agreement in accordance with § 301.81-6. Such compliance agreements shall state the specific requirements that a shipper agrees to follow to move plants in accordance with the requirements of the program. Certificates and a nursery identification number may be issued to the nursery for use on shipments of regulated articles. (a) Detection. (2) Nurseries participating in this program will be inspected by Federal or State inspectors at least twice per year. More frequent inspections may be necessary depending upon imported fire ant infestation levels immediately surrounding the nursery, the thoroughness of nursery management in maintaining imported-fire-ant-free premises, and the number of previous detections of imported fire ants in or near containerized plants. Inspections by Federal and State inspectors should be more frequent just before and during the peak shipping season. Any nurseries determined during nursery inspections to have imported fire ant colonies must be immediately treated to the extent necessary to eliminate the colonies. (b) Control. (c) Exclusion. (2) For plants received from outside sources, to prevent the spread into a nursery free of the imported fire ant by newly introduced, infested nursery plants, all plants must be: (i) Obtained from nurseries that comply with the requirements of this section and that operate under a compliance agreement in accordance with § 301.81-6; or (ii) Treated upon delivery in accordance with part 305 of this chapter, and within the specified number of days be either: (A) Repotted in treated potting soil media; (B) Retreated in accordance with part 305 of this chapter at the specified interval; or (C) Shipped. (d) Enforcement. (2) If imported fire ants are detected in nursery stock during an inspection by a Federal or State inspector, issuance of certificates for movement will be suspended until necessary treatments are applied and the plants and nursery premises are determined to be free of the imported fire ant. A Federal or State inspector may declare a nursery to be free of the imported fire ant upon reinspection of the premises. This inspection must be conducted no sooner than 30 days after treatment. During this period, certification may be based upon treatments for plants in accordance with part 305 of this chapter. (3) Upon notification by the department of agriculture in any State of destination that a confirmed imported fire ant infestation was found on a shipment from a nursery considered free of the imported fire ant, the department of agriculture in the State of origin must cease its certification of shipments from that nursery. An investigation by Federal or State inspectors will commence immediately to determine the probable source of the problem and to ensure that the problem is resolved. If the problem is an infestation, issuance of certification for movement on the basis of imported-fire-ant-free premises will be suspended until treatment and elimination of the infestation is completed. Reinstatement into the program will be granted upon determination that the nursery premises are free of the imported fire ant, and that all other provisions of this subpart are being followed. (4) In cases where the issuance of certificates is suspended through oral notification, the suspension and the reasons for the suspension will be confirmed in writing within 20 days of the oral notification of the suspension. Any person whose issuance of certificates has been suspended may appeal the decision, in writing, within 10 days after receiving the written suspension notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. [75 FR 4240, Jan. 26, 2010] Subpart Q—Unshu Oranges [Reserved] Subpart R—Golden Nematode Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.85 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Globodera rostochiensis (b) Quarantine restrictions on the interstate movement of regulated articles. (c) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd (d) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes Federal Register (2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register (e) Immediate designation of regulated articles. [87 FR 80013, Dec. 29, 2022] § 301.85-1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed respectively to mean: Certificate. Compliance agreement. Deputy Administrator. Farm tools. Generally infested area. Golden nematode. Globodera rostochiensis Infestation. Inspector. Interstate. Limited permit. Mechanized cultivating equipment; and mechanized harvesting equipment. Mechanized soil-moving equipment. Moved (movement, move). Person. Plant Protection and Quarantine Programs. Regulated area. Regulated article. Restricted destination permit. Scientific permit. Soil. State. Suppressive area. [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 87 FR 80014, Dec. 29, 2022] § 301.85-2 Authorization for the Deputy Administrator to list regulated areas and suppressive or generally infested areas. (a) Criteria for designation and process for listing. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than an entire State as a regulated area will be adequate to prevent the interstate spread of golden nematodes. (b) Temporary designation of regulated areas and suppressive or generally infested areas. (c) Termination of designation as a regulated area and a suppressive or generally infested area. (d) Exemption of articles from certification, permit, or other requirements. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes [87 FR 80014, Dec. 29, 2022] § 301.85-2a [Reserved] § 301.85-2b [Reserved] § 301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. (a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the following conditions: 1 1 (1) With certificate or permit issued and attached in accordance with §§ 301.85-4 and 301.85-7 if moved: (i) From any generally infested area or any suppressive area into or through any point outside of the regulated areas; or (ii) From any generally infested area into or through any suppressive area; or (iii) Between any noncontiguous suppressive areas; or (iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) From any regulated area, without certificate or permit if moved: (i) Under the provisions of § 301.85-2(d) which exempts certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of the articles has been notified by an inspector that a hazard of spread of the golden nematode exists; or (v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or (3) From any area outside the regulated areas, if moved: (i) With a certificate or permit attached; or (ii) Without a certificate or permit, if: (A) The regulated articles are exempt from certification and permit requirements under the provisions of § 301.85-2(d); or (B) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area. (b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing or analysis may be moved interstate from any regulated area only to laboratories approved 2 2 www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD [37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002; 87 FR 80014, Dec. 29, 2022] § 301.85-4 Issuance and cancellation of certificates and permits. (a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if the inspector determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and: (1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or (2) Have been treated to destroy infestation in accordance with part 305 of this chapter; or (3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby. (b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with part 305 of this chapter, when, upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of the golden nematode and requirements of other applicable Federal domestic plant quarantines have been met. (c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart. (d) Scientific permits to allow the interstate movement of regulated articles and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of the golden nematode. (e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles (except for soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with part 305 of this chapter, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such articles, under the conditions specified in paragraph (c) of this section. (f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he or she determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. Prior to such withdrawal, the holder of the certificate of permit shall be notified of the proposed action and the reason therefor and afforded reasonable opportunity to present his or her views thereon. [37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005] § 301.85-5 Compliance agreement and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any person engaged in the business of removing soil from Irish potatoes by the process of grading, washing, or fluming may enter into a compliance agreement concerning such operations. The compliance agreement shall be a written agreement between the person conducting such operations and Plant Protection and Quarantine wherein such person agrees to conduct such operations in a manner which, in the judgment of the inspector supervising enforcement of the quarantine and regulations, will substantially remove the soil from the potatoes. (c) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever the inspector finds, after notice and reasonable opportunity to present views has been accorded to the other party thereto, that such other party has failed to comply with the conditions of the agreement. [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982; 70 FR 33268, June 7, 2005] § 301.85-6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under § 301.85-4(e)) who desire to move interstate regulated articles which must be accompanied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such manner as the inspector designates to facilitate inspection. § 301.85-7 Attachment and disposition of certificates and permits. (a) If a certificate or permit is required for the interstate movement of regulated articles, the certificate or permit shall be securely attached to the outside of the container in which such articles are moved, except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit, or shipping document, the attachment of the certificate or permit to each container of the articles is not required. (b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.85-8 Inspection and disposal of regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles and golden nematodes as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) in accordance with instructions issued by the Deputy Administrator. [37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001] § 301.85-9 Movement of live golden nematodes. Regulations requiring a permit for and otherwise governing the movement of live golden nematodes in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. § 301.85-10 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart S—Pale Cyst Nematode Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.86 Restrictions on interstate movement of regulated articles. No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 § 301.86-1 Definitions. Administrator. Animal and Plant Health Inspection Service. Associated field. Certificate. Compliance agreement. Departmental permit. Field. Infestation (infested). Infested field. Inspector. Interstate. Limited permit. Moved (move, movement). Nursery stock. Pale cyst nematode. Globodera pallida Person. Plant Protection and Quarantine. Quarantined area. Regulated article. State. [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009] § 301.86-2 Regulated articles. The following are regulated articles: (a) Pale cyst nematodes. 1 1 (b) The following pale cyst nematode host crops: Eggplant ( Solanum melongena Pepper ( Capsicum Potato ( Solanum tuberosum Tomatillo ( Physalis philadelphica Tomato ( Lycopersicon esculentum (c) Root crops. (d) Garden and dry beans ( Phaseolus Pisum (e) All nursery stock. (f) Soil, compost, humus, muck, peat, and manure, and products on or in which soil is commonly found, including grass sod and plant litter. (g) Hay, straw, and fodder. (h) Any equipment or conveyance used in an infested or associated field that can carry soil if moved out of the field. (i) Any other product, article, or means of conveyance not listed in paragraphs (a) through (h) of this section that an inspector determines presents a risk of spreading the pale cyst nematode, after the inspector provides written notification to the person in possession of the product, article, or means of conveyance that it is subject to the restrictions of this subpart. [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 87 FR 80015, Dec. 29, 2022] § 301.86-3 Quarantined areas. (a) Designation of quarantined areas. https://www.aphis.usda.gov/planthealth/pcn” Federal Register (b) Designation of an area less than an entire State as a quarantined area. (1) The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a quarantined area will prevent the interstate spread of the pale cyst nematode. (c) Criteria for designation of fields as infested fields and associated fields. Infested fields. https://www.aphis.usda.gov/planthealth/pcn. Federal Register. Federal Register (2) Associated fields. (i) The field shares a border with an infested field; or (ii) The field came into contact with a regulated article listed in § 301.86-2 from an infested field within the last 10 years; or (iii) Within the last 10 years, the field shared ownership, tenancy, seed, drainage or runoff, farm machinery, or other elements of shared cultural practices with an infested field that could allow spread of the pale cyst nematode, as determined by the Administrator. (d) Removal of fields from quarantine. (1) Infested fields. (2) Associated fields. (3) Removal of other areas from quarantine. (4) Protocol for removal of fields from quarantine. https://www.aphis.usda.gov/planthealth/pcn. Federal Register. Federal Register [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 85 FR 85503, Dec. 29, 2020] § 301.86-4 Conditions governing the interstate movement of regulated articles from quarantined areas. (a) Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§ 301.86-5 and 301.86-8; (2) Without a certificate or limited permit if: (i) The regulated article is moved by the United States Department of Agriculture for experimental or scientific purposes; or (ii) The regulated article originates outside the quarantined area and is moved interstate through the quarantined area under the following conditions: (A) The points of origin and destination are indicated on a waybill accompanying the regulated article; and (B) The regulated article is moved through the quarantined area without stopping (except for refueling and for traffic conditions such as traffic lights and stop signs); and (C) The regulated article is not unpacked or unloaded in the quarantined area; and (D) The article has not been combined or commingled with other articles so as to lose its individual identity. (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article interstate, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infested by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. § 301.86-5 Issuance and cancellation of certificates and limited permits. (a) Certificates. 1 1 (1) Certification requirements for all regulated articles. 2 2 (2) Certification requirements for nursery stock Potatoes. i.e. (ii) Nursery stock of other host crops. (A) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (B) The pale cyst nematode has not been found in the field; and (C) No more than one pale cyst nematode host crop, as listed in § 301.86-2(b), has been grown in the last 3 years. (iii) Nursery stock of non-host crops With soil. ( 1 ( 2 ( 3 (B) Without soil (bare-rooted (3) Certification requirements for potatoes for consumption, root crops for consumption, garden or dry beans, and peas. (i) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years and prior to the planting of the potatoes or root crops; (ii) Pale cyst nematode has not been found in the field; and (iii) No more than one pale cyst nematode host crop, as listed in § 301.86-2(b), has been grown in the field in the last 3 years. (4) Certification requirements for soil and associated products. (i) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (ii) The pale cyst nematode has not been found in the field; and (iii) No more than one pale cyst nematode host crop, as listed in § 301.86-2(b), has been grown in the last 3 years. (5) Certification requirements for hay, straw, and fodder. (i) The field where the hay, straw, or fodder was produced meets the following requirements: (A) The field has been surveyed by an inspector for pale cyst nematode at least once in the last 3 years; (B) The pale cyst nematode has not been found in the field; and (C) No more than one pale cyst nematode host crop, as listed in § 301.86-2(b), has been grown in the field in the last 3 years; or (ii) The hay, straw, or fodder is produced according to procedures judged by an inspector to be sufficient to isolate it from soil throughout its production. (6) Certification requirements for equipment used in infested or associated fields. (b) Limited permits General conditions. 3 3 (i) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the pale cyst nematode because life stages of the pale cyst nematode will be destroyed by the specified handling, processing, or utilization; (ii) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the pale cyst nematode; and (iii) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (2) Specific conditions for potatoes for consumption. (i) The potatoes are transported in a manner that prevents the potatoes and soil attached to the potatoes from coming into contact with agricultural premises outside the quarantined area; and (ii) The potatoes are processed or packed at facilities that handle potatoes, waste, and waste water in a manner approved by APHIS to prevent the spread of pale cyst nematode. (c) Certificates and limited permits for the interstate movement of regulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article after an inspector has determined that the regulated article is eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article after an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. (d) Any certificate or limited permit that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate or limited permit has not complied with all provisions in this subpart for the use of the certificate or limited permit or has not complied with all the conditions contained in the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0322) [72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009; 87 FR 80015, Dec. 29, 2022] § 301.86-6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with any of the provisions of this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. [72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022] § 301.86-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under § 301.86-5(c)) who desires a certificate or limited permit to move a regulated article interstate must notify an inspector 1 1 (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022] § 301.86-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. (Approved by the Office of Management and Budget under control number 0579-0322) § 301.86-9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart T—Sugarcane Diseases Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.87 Quarantine; restrictions on interstate movement of specified articles. (a) Notice of quarantine. 1 2 (b) Quarantine restrictions on interstate movement of regulated articles. [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001; 87 FR 80015, Dec. 29, 2022] § 301.87-1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Certificate. Compliance agreement. Deputy Administrator. Gummosis disease. Xanthomonas vasculorum Inspector. Interstate. Leaf scald disease. Xanthomonas albilineans Limited permit. Moved (movement, move). Person. Plant Protection and Quarantine. Regulated area. Regulated article. State. Sugarcane disease. [48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987; 66 FR 21052, Apr. 27, 2001; 87 FR 80015, Dec. 29, 2022] § 301.87-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane Federal Register (2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80015, Dec. 29, 2022] § 301.87-3 Regulated areas. (a) Except as otherwise provided in paragraph (b) of this section, the Deputy Administrator will list as a regulated area each State or portion of a State in which a sugarcane disease has been found by an inspector, or in which the Deputy Administrator has reason to believe a sugarcane disease is present, or that the Deputy Administrator deems necessary to regulate based on its proximity to a sugarcane disease or its inseparability for enforcement purposes from localities where a sugarcane disease occurs. The Deputy Administrator will publish a list of all regulated areas (the regulated areas list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (1) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are substantially the same as those that are imposed by this subpart on the interstate movement of regulated articles; and (2) The designation of less than the entire State as a regulated area will be adequate to prevent the artificial interstate spread of a sugarcane disease. (b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area as a regulated area in accordance with the criteria specified in paragraph (a) of this section for listing such an area. Written notice of the designation will be given to the owner or person in possession of the nonregulated area. Thereafter, the interstate movement of any regulated article from the area will be subject to this subpart. As soon as practicable, the area will either be added to the regulated areas list, or the Deputy Administrator or an inspector will terminate the designation. Notice thereof will be given the owner or person in possession of the area. [87 FR 80015, Dec. 29, 2022] § 301.87-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States. Any regulated article may be moved interstate from any regulated area in a quarantined State if moved under the following conditions: 1 (a) With a certificate or limited permit issued and attached in accordance with §§ 301.87-5 and 301.87-8; or (b) Without a certificate or limited permit, if (1) Moved directly through any regulated area, and (2) The article originated outside of any regulated area, and (3) The point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has not been used for the production of sugarcane while in the regulated area. [48 FR 50059, Oct. 31, 1983, as amended at 87 FR 80016, Dec. 29, 2022] § 301.87-5 Issuance and cancellation of certificates and limited permits. (a) A certificate shall be issued by an inspector for the movement of a regulated article if the inspector: (1)(i) Determines that it has been treated under the direction of an inspector 1 1 (ii) Determines based on inspection of the article and the premises of origin that it is free from sugarcane diseases. The term sugarcane diseases (2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 2 (3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines applicable to the article. (b) A limited permit shall be issued by an inspector for the movement of a regulated article if the inspector: (1) Determines, in consultation with the Deputy Administrator, that it is to be moved: (i) For a specified purpose (such as for consumption or manufacturing) stated on the limited permit, other than for processing or harvesting sugarcane; and (ii) To a specified destination stated on the limited permit, which is not in a county or parish where sugarcane is produced, and which is not within 10 miles of a sugarcane field; (2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 (3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines applicable to the article. (c) Certificates and limited permits for shipments of regulated articles may be issued by an inspector or by any person engaged in the business of growing, handling, or moving regulated articles provided such person is operating under a compliance agreement. Any such person may execute and issue a certificate for the interstate movement of a regulated article if the person has treated the regulated article to destroy infection in accordance with the provisions of § 301.87-10 and the inspector has made the determination that the article is otherwise eligible for a certificate in accordance with paragraph (a) of this section; or if the inspector has made the determination that the article is eligible for a certificate in accordance with paragraph (a) of this section without such treatment. Any such person may execute and issue a limited permit for interstate movement of a regulated article when the inspector has made the determination that the article is eligible for a limited permit in accordance with paragraph (b) of this section. (d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if the inspector determines that its holder has not complied with any condition under the regulations for its use. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal in writing, stating the reasons for the decision as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict under rules of practice which shall be adopted by the Administrator of the Animal and Plant Health Inspection Service, USDA, for the proceeding. [48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001; 75 FR 4241, Jan. 26, 2010; 87 FR 80016, Dec. 29, 2022] § 301.87-6 Compliance agreement; cancellation. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. 1 1 (b) Any compliance agreement may be canceled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant to such provisions. If the cancellation is oral, the decision and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Deputy Administrator within ten days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing shall be held to resolve the conflict under rules of practice which shall be adopted by the Administrator of the Animal and Plant Health Inspection Service, USDA, for the proceeding. [48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994; 87 FR 80016, Dec. 29, 2022] § 301.87-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under § 301.87-5(c)) who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector 1 1 (b) The regulated article shall be assembled at whatever point and in whatever manner the inspector designates as necessary to comply with the requirements of this subpart. [48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994; 87 FR 80016, Dec. 29, 2022] § 301.87-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the container containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; provided however, that the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill or other shipping document only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify the article. (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.87-9 Costs and charges. The services of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. § 301.87-10 [Reserved] Subpart U—Karnal Bunt Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.89-1 Definitions. Actual price received. Administrator. Animal and Plant Health Inspection Service (APHIS). Certificate. Compliance agreement. Contaminated seed. Tilletia indica Contract price. Conveyances. Distinct definable area. Grain. Grain storage facility. Hay. Host crops. Infestation (infected). i.e., Tilletia indica Inspector. Karnal bunt. Tilletia indica Limited permit. Mechanized cultivating equipment and mechanized harvesting equipment. e.g., e.g., Movement (moved). Person. Plant. Seed. Soil. Soil-moving equipment. State. Straw. Tilling. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 1999; 69 FR 8095, Feb. 23, 2004] § 301.89-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd (b) Normal process for designating additional regulated articles. Federal Register (2) If no comments are received on the notice, or if the comments do not change the Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80016, Dec. 29, 2022] § 301.89-3 Regulated areas. (a) Designation. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (b) Designation of less than an entire State as a regulated area. (1)(i) Determines that the State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to the movement restrictions imposed by this subpart; and (ii) Determines that designating less than the entire State as a regulated area will prevent the spread of Karnal bunt; or (2) Exercises his or her extraordinary emergency authority under 7 U.S.C. 7715. (c) Temporary designation of regulated areas. (d) Regulated fields. (1) It is a field planted with seed from a lot found to contain a bunted wheat kernel; or (2) It is a distinct definable area that contains at least one field that was found during survey to contain a bunted wheat kernel (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to a field found during survey to contain a bunted kernel); or (3) It is a distinct definable area that contains at least one field that has been determined to be associated with grain at a handling facility containing a bunted kernel of a host crop (the distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to the field associated with the bunted kernel at the handling facility). (e) Release from regulation. (1) The field has been permanently removed from crop production; or (2) The field is tilled at least once per year for a total of 5 years (the years need not be consecutive). After tilling, the field may be planted with a crop or left fallow. If the field is planted with a host crop, the crop must test negative, through the absence of bunted kernels, for Karnal bunt. [87 FR 80016, Dec. 29, 2022] § 301.89-4 Planting. Any wheat, durum wheat, or triticale that originates within a regulated area must be tested and found free from bunted wheat kernels and spores before it may be used as seed within or outside a regulated area. [69 FR 8096, Feb. 23, 2004] § 301.89-5 Movement of regulated articles from regulated areas. (a) Any regulated article may be moved from a regulated area into or through an area that is not regulated only if moved under the following conditions: (1) With a certificate or limited permit issued and attached in accordance with §§ 301.89-6 and 301.89-10; (2) Without a certificate or limited permit, provided that each of the following conditions is met: (i) The regulated article was moved into the regulated area from an area that is not regulated; (ii) The point of origin is indicated on a waybill accompanying the regulated article; (iii) The regulated article is moved through the regulated area without stopping, or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of contamination with Karnal bunt, or has been treated in accordance with part 305 of this chapter while in or moving through any regulated area; and (iv) The article has not been combined or commingled with other articles so as to lose its individual identity; (b) When an inspector has probable cause to believe a person or means of conveyance is moving a regulated article, the inspector is authorized to stop the person or means of conveyance to determine whether a regulated article is present and to inspect the regulated article. Articles found to be infected by an inspector, and articles not in compliance with the regulations in this subpart, may be seized, quarantined, treated, subjected to other remedial measures, destroyed, or otherwise disposed of. Any treatments will be in accordance with part 305 of this chapter. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010] § 301.89-6 Issuance of a certificate or limited permit. (a) An inspector 1 1 (1) Is eligible for unrestricted movement under all other applicable Federal domestic plant quarantines and regulations; (2) Is to be moved in compliance with any conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 2 2 (3)(i) Is free of Karnal bunt infestation, based on laboratory results of testing, and history of previous infestation; (ii) Has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt; or (iii) Has been treated in accordance with part 305 of this chapter. (b) To be eligible for movement under a certificate, hay cut after the dough stage or grain from a field within a regulated area must be tested prior to its movement from the field or before it is commingled with similar commodities and must be found free from bunted kernels. If bunted kernels are found, the grain or hay will be eligible for movement only under a limited permit issued in accordance with paragraph (c) of this section, and the field of production will be considered positive for Karnal bunt. (c) An inspector or a person operating under a compliance agreement will issue a limited permit for the movement outside the regulated area of a regulated article not eligible for a certificate if the inspector determines that the regulated article: (1) Is to be moved to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit and/or compliance agreement), and this movement will not result in the artificial spread of Karnal bunt because Karnal bunt will be destroyed or the risk mitigated by the specified handling, utilization, or processing; (2) Is to be moved in compliance with any additional conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and (3) Is eligible for movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (d) An inspector shall issue blank certificates and limited permits to a person operating under a compliance agreement in accordance with § 301.89-7 or authorize reproduction of the certificates or limited permits on shipping containers, or both, as requested by the person operating under the compliance agreement. These certificates and limited permits may then be completed and used, as needed, for the movement of regulated articles that have met the applicable requirements of paragraphs (a) and (b) of this section for the issuance of certificates or of paragraph (c) of this section for the issuance of limited permits. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 27, 2001; 67 FR 21161, Apr. 30, 2002; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010] § 301.89-7 Compliance agreements. Persons who grow, handle, or move regulated articles may enter into a compliance agreement 1 1 [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69 FR 8096, Feb. 23, 2004; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010; 87 FR 80017, Dec. 29, 2022] § 301.89-8 Cancellation of a certificate, limited permit, or compliance agreement. Any certificate, limited permit, or compliance agreement may be canceled orally or in writing by an inspector whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will become effective immediately and the cancellation and the reasons for the cancellation will be confirmed in writing as soon as circumstances allow, but within 20 days after oral notification of the cancellation. Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice. The appeal must state all of the facts and reasons that the person wants the Administrator to consider in deciding the appeal. A hearing may be held to resolve any conflict as to any material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. § 301.89-9 Assembly and inspection of regulated articles. (a) Persons requiring certification or other services must request the services of an inspector 1 1 (b) The regulated articles must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 FR 29550, June 2, 1999; 75 FR 68945, Nov. 10, 2010; 87 FR 80017, Dec. 29, 2022] § 301.89-10 Attachment and disposition of certificates and limited permits. (a) The consignor must ensure that the certificate or limited permit authorizing movement of a regulated article is, at all times during movement, attached to: (1) The outside of the container encasing the regulated article; (2) The article itself, if it is not in a container; or (3) The consignee's copy of the accompanying waybill: Provided, that the descriptions of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article; and (b) The carrier must furnish the certificate or limited permit authorizing movement of a regulated article to the consignee at the shipment's destination. § 301.89-11 Costs and charges. The services of the inspector during normal business hours will be furnished without cost to persons requiring the services. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. § 301.89-12 Cleaning, disinfection, and disposal. (a) Mechanized harvesting equipment that has been used to harvest host crops that test positive for Karnal bunt based on the presence of bunted kernels must be cleaned and, if disinfection is determined to be necessary by an inspector, disinfected in accordance with part 305 of this chapter prior to movement from a regulated area. (b) Seed conditioning equipment that was used in the conditioning of seed that was tested and found to contain spores or bunted kernels of Tilletia indica Tilletia indica (c) Any grain storage facility, including on-farm storage, that is used to store seed that has tested bunted-kernel or spore positive or grain that has tested bunted-kernel positive must be cleaned and, if disinfection is determined to be necessary by an inspector, disinfected in accordance with part 305 of this chapter if the facility will be used to store grain or seed in the future. (d) Conveyances used to move bunted-kernel-positive host crops, including trucks, railroad cars, and other containers, that have sloping metal sides leading directly to a bottom door or slide chute, are self cleaning, and will not be required to be cleaned and disinfected. (e) Spore-positive wheat, durum wheat, or triticale seed that has been treated with any chemical that renders it unfit for human or animal consumption must be disposed of by means of burial under a minimum of 24 inches of soil in a nonagricultural area that will not be cultivated or in an approved landfill. [69 FR 8096, Feb. 23, 2004, as amended at 75 FR 4241, Jan. 26, 2010] §§ 301.89-13-301.89-14 [Reserved] § 301.89-15 Compensation for growers, handlers, and seed companies in the 1999-2000 and subsequent crop seasons. Growers, handlers, and seed companies are eligible to receive compensation from the United States Department of Agriculture (USDA) for the 1999-2000 and subsequent crop seasons to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows: (a) Growers, handlers, and seed companies in areas under first regulated crop season. (1) Growers. (i) If the wheat was grown under contract and a price was determined in the contract before the area where the wheat was grown became regulated, compensation will equal the contract price minus the actual price received by the grower. (ii) If the wheat was not grown under contract or a price was determined in the contract after the area where the wheat was grown became regulated, compensation will equal the estimated market price for the relevant class of wheat (meaning type of wheat, such as durum or hard red winter) minus the actual price received by the grower. The estimated market price will be calculated by APHIS for each class of wheat, taking into account the prices offered by relevant terminal markets (animal feed, milling, or export) during the harvest months for the area, with adjustments for transportation and other handling costs. Separate estimated market prices will be calculated for certified wheat seed and wheat grown with the intention of producing certified wheat seed, and wheat grain. (2) Handlers and seed companies. (b) Growers, handlers, and seed companies in previously regulated areas. (1) Growers. (2) Handlers and seed companies. (c) To claim compensation. (1) Growers, handlers, and seed companies. (2) Growers. (3) Handlers and seed companies. (d) Special allowance for negative wheat grown in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. (e) Special allowance for disposal costs for treated uncertified wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. [63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002] § 301.89-16 Compensation for grain storage facilities, flour millers, National Survey participants, and certain custom harvesters and equipment owners or lessees for the 1999-2000 and subsequent crop seasons. Owners of grain storage facilities, flour millers, and participants in the National Karnal Bunt Survey are eligible to receive compensation from the United States Department of Agriculture (USDA) for the 1999-2000and subsequent crop seasons to mitigate losses or expenses incurred because of the Karnal bunt regulations and emergency actions, as follows: (a) Decontamination of grain storage facilities. (b) Flour millers. (c) National Karnal Bunt Survey participants. (1) Loss in value of positive wheat. (2) Decontamination of grain storage facilities. (d) Special allowances for custom harvesters and equipment owners or lessees for costs related to cleaning and disinfection of mechanized harvesting and other equipment in Archer, Baylor, Throckmorton, and Young Counties, TX, in the 2000-2001 crop season. (1) Custom harvesters. Cleaning and disinfection of mechanized harvesting equipment. (ii) Contracts lost due to cleaning and disinfection. (iii) Fixed costs incurred during cleaning and disinfection. (2) Other equipment; cleaning and disinfection. (Approved by the Office of Management and Budget under control number 0579-0248) [63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July 8, 2004; 70 FR 24302, May 9, 2005] Subpart V—Corn Cyst Nematode [Reserved] Subpart W—European Larch Canker Source: 49 FR 18992, May 4, 1984, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. Quarantine and Regulations § 301.91 Quarantine and regulations; restrictions on interstate movement of regulated articles. (a) Notice of quarantine. 1 Lachnellula willkommi (b) Restrictions on interstate movement of regulated articles. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001; 87 FR 80017, Dec. 29, 2022] § 301.91-1 Definitions. Terms used in the singular form in this subpart shall be construed as the plural and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively, to mean: Certificate. Compliance agreement. Deputy Administrator. European larch canker. Lachnellula willkommi Infestation. Inspector. Interstate. Limited permit. Moved (movement, move). Person. Plant Protection and Quarantine. Regulated area. Regulated article. State. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001; 87 FR 80017, Dec. 29, 2022] § 301.91-2 Regulated articles. (a) List of regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd (b) Normal process for designating additional regulated articles. www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker Federal Register (2) If no comments are received on the notice, or if the comments do not change the Deputy Administrator's determination, APHIS will publish a second notice in the Federal Register (c) Immediate designation of regulated articles. [87 FR 80017, Dec. 29, 2022] § 301.91-3 Regulated areas. (a) Except as otherwise provided in paragraph (b) of this section, the Deputy Administrator will list as a regulated area each State, or each portion of a State, in which European larch canker has been found by an inspector, or in which the Deputy Administrator has reason to believe that European larch canker is present, or any portion of a quarantined State which the Deputy Administrator deems necessary to regulate because of its proximity to a European larch canker infestation or its inseparability for quarantine enforcement purpose from localities in which European larch canker occurs. The Deputy Administrator will publish a list of all regulated areas (the regulated areas list) on the PPQ website at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of European larch canker. (b) The Deputy Administrator or an inspector may temporarily designate any nonregulated area in a quarantined State as a regulated area in accordance with the criteria specified in paragraph (a) of this section. The Deputy Administrator will give a copy of this subpart along with written notice of the temporary designation to the owner or person in possession of the nonregulated area, or, in the case of publicly owned land, to the person responsible for the management of the nonregulated area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a regulated area will be subject to this subpart. As soon as practicable, the area will be added to the regulated areas list or the designation will be terminated by the Deputy Administrator or an inspector. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which designation is terminated will be given written notice of the termination as soon as practicable. [87 FR 80017, Dec. 29, 2022] § 301.91-4 Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States. Any regulated article may be moved interstate from any regulated area in a quarantined State only if moved under the following conditions: 1 1 (a) With a certificate or limited permit issued and attached in accordance with §§ 301.91-5 and 301.91-8; or (b) Without a certificate or limited permit; (1) If moved to a contiguous regulated area; or (2)(i) If moved directly through (moved without stopping except under normal traffic conditions such as traffic lights or stop signs) any regulated area in an enclosed vehicle or in an enclosed container on a vehicle to prevent the introduction of European larch canker; (ii) If the article originated outside of any regulated area; and (iii) If the point of origin of any article is clearly indicated by shipping documents and its identity has been maintained. [49 FR 18992, May 4, 1984, as amended at 87 FR 80018, Dec. 29, 2022] § 301.91-5 Issuance and cancellation of certificates and limited permits. (a) A certificate shall be issued by an inspector, except as provided in paragraph (c) of this section, for the movement of a regulated article if such inspector: (1)(i) Determines based on inspection of the premises of origin that the premises are free from European larch canker; or (ii) Determines that it has been grown, processed, stored, or handled in such a manner that the regulated article is free of European larch canker; and (2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 1 1 (3) Determines that it is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to such article. (b) A limited permit shall be issued by an inspector, except as provided in paragraph (c) of this section, for the movement of a regulated article if such inspector: (1) Determines, in consultation with the Deputy Administrator, that it is to be moved to a specified destination for specified handling, utilization, or processing (such destination and other conditions to be specified on the limited permit), when, upon evaluation of all of the circumstances involved in each case, it is determined that such movement will not result in the spread of European larch canker because the disease will be destroyed by such specified handling, utilization, or processing; (2) Determines that it is to be moved in compliance with any additional conditions deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 1 (3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines and regulations applicable to such article. (c) Certificates and limited permits may be issued by any person engaged in the business of growing, handling, or moving regulated articles provided such person has entered into and is operating under a compliance agreement. Any such person may execute and issue a certificate or limited permit for the interstate movement of a regulated article if an inspector has previously made the determination that the article is eligible for a certificate in accordance with § 301.91-5(a) or is eligible for a limited permit in accordance with § 301.91-5(b). (d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if such inspector determines that the holder thereof has not complied with any conditions under the regulations for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in witing, stating the reasons for such decision, as promptly as circmstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator. [49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001; 87 FR 80018, Dec. 29, 2022] § 301.91-6 Compliance agreement and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of regulated articles under this subpart. 1 1 (b) Any compliance agreement may be cancelled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons therefor shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, to the Deputy Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator. [49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994; 87 FR 80018, Dec. 29, 2022] § 301.91-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under § 301.91-5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector 1 1 (b) Such articles shall be assembled at such point and in such manner as the inspector designates as necessary to comply with the requirements of this subpart. [49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994; 87 FR 80018, Dec. 29, 2022] § 301.91-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the containers containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; Provided, however, (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.91-9 Costs and charges. The services of the inspector shall be furnished without cost, except as provided in 7 CFR part 354. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. Subpart X—Phytophthora Ramorum Source: 72 FR 8597, Feb. 27, 2007, unless otherwise noted. Redesignated at 84 FR 2428, Feb. 7, 2019. § 301.92 Restrictions on interstate movement. (a) No person may move interstate from any quarantined area any regulated, restricted, or associated article or any other nursery stock except in accordance with this subpart. 1 1 (b) No person may move interstate from any regulated establishment any regulated, restricted, or associated articles except in accordance with this subpart. (c) No person may move interstate from any quarantined area or regulated establishment any regulated restricted, or associated article or nursery stock that has been tested with a test approved by APHIS and found infected with Phytophthora ramorum Phytophthora ramorum [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019] § 301.92-1 Definitions. Administrator. Animal and Plant Health Inspection Service. Associated article. Bark chips. Certificate. Compliance agreement. Duff. Firewood. Forest stock. From. Growing media. Inspector. Interstate. Log. Lot. Lumber. Moved (move, movement). Mulch. Non-host nursery stock. Nursery. e.g. Nursery stock. 1 1 Permit. Person. Plant Protection and Quarantine. Quarantined area. Regulated article. Restricted article. Regulated establishment. Soil. State. [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87 FR 80018, Dec. 29, 2022] § 301.92-2 Restricted, regulated, and associated articles; lists of proven hosts and associated plant taxa. (a) Restricted articles. (1) Bark chips or mulch located in a quarantined area and that are proven host plant taxa listed in accordance with paragraph (d) of this section. (2) Forest stock located or grown in a quarantined area and that are proven host plant taxa or associated plant taxa listed in accordance with paragraph (d) or (e) of this section. (3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum (b) Regulated articles. (1) Nursery stock, decorative trees without roots, unprocessed wood and wood products, and plant products, including firewood, logs, lumber, wreaths, garlands, and greenery of proven host plant taxa listed in accordance with paragraph (d) of this section. (2) Soil and growing media. (3) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum (c) Associated articles. (d) Proven host plant taxa. Phytophthora ramorum www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod Phytophthora ramorum, Federal Register Phytophthora ramorum Federal Register Phytophthora ramorum (e) Associated plant taxa. Phytophthora ramorum www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod Phytophthora ramorum, Federal Register Phytophthora ramorum Federal Register Phytophthora ramorum [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87 FR 80018, Dec. 29, 2022] § 301.92-3 Quarantined areas and regulated establishments. (a) Quarantined areas. Phytophthora ramorum Phytophthora ramorum Phytophthora ramorum www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd Federal Register (i) The State has adopted and is enforcing restrictions on the intrastate movement of regulated, restricted, and associated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated, restricted, and associated articles; and (ii) The designation of less than the entire State as a quarantined area will prevent the interstate spread of Phytophthora ramorum (2) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria in paragraph (a)(1) of this section. The Administrator or the inspector will give a copy of this subpart along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated, restricted, or associated article from the area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the quarantine list or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable. (b) Regulated establishments Designation. Phytophthora ramorum Phytophthora ramorum Phytophthora ramorum (2) Deregulation. Phytophthora ramorum (Approved by the Office of Management and Budget under control number 0579-0310) [84 FR 16193, Apr. 18, 2019, as amended at 87 FR 80019, Dec. 29, 2022] § 301.92-4 Conditions governing the interstate movement of regulated, restricted, and associated articles, and non-host nursery stock from quarantined and regulated establishments. (a) Interstate movement of regulated and associated articles from quarantined areas. 1 1 (1) With a certificate. (2) Without a certificate. (B) The regulated or associated article is moved from outside of the quarantined area through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs, and the article is not unpacked or unloaded in the quarantined area. (ii) Soil samples may be moved from a quarantined area for Phytophthora ramorum (A) Has entered into and is operating under a compliance agreement with APHIS in accordance with § 301.92-6; (B) Is abiding by all terms and conditions of that compliance agreement; and (C) Is approved by APHIS to test and/or analyze such samples. (b) Interstate movement of restricted articles from quarantined areas. (1) With a permit. (2) Without a permit. (ii) The restricted article is moved from outside the quarantined area through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs, and the article is not unpacked or unloaded in the quarantined area. (c) Interstate movement of nursery stock from nurseries in quarantined areas Regulated articles of nursery stock and associated articles. (2) Non-host nursery stock. (i) With a certificate. (ii) Without a certificate. (A) The nursery from which plants originate has been inspected and found free of evidence of Phytophthora ramorum (B) The nursery stock is not rooted in soil or growing media. To be eligible for interstate movement, non-host nursery stock that is rooted in soil or growing media requires certification that the soil or growing media meets the requirements of § 301.92-5(a)(1)(iii). (d) Interstate movement of regulated, restricted, and associated articles from regulated establishments. [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16193, Apr. 18, 2019; 87 FR 80019, Dec. 29, 2022] § 301.92-5 Issuance and cancellation of certificates. (a) Movements from quarantined areas. 1 2 1 http://www.aphis.usda.gov/ppq/sphd/. 2 (i) The regulated articles have been treated under the direction of an inspector in accordance with part 305 of this chapter; or (ii) The regulated articles are wood products such as firewood, logs, or lumber that are free of bark; 3 3 (iii) The regulated article is soil or growing media that has not been in direct physical contact with any article infected with Phytophthora ramorum (iv) The articles are nursery stock or regulated articles of decorative trees without roots, wreaths, garlands, or greenery that: (A)( 1 Phytophthora ramorum ( 2 Phytophthora ramorum ( 3 Phytophthora ramorum (B) Are part of a shipment of nursery stock, decorative trees without roots, wreaths, garlands, or greenery that has been inspected prior to interstate movement in accordance with § 301.92-11(a)(2), and the regulated articles in the shipment are free of evidence of Phytophthora ramorum (C) Have been kept separate from regulated and associated articles and non-host nursery stock not inspected between the time of the inspection and the time of interstate movement; and (D) Have not been grown in, or moved from, other areas within a quarantined area except nurseries that are annually inspected for Phytophthora ramorum Phytophthora ramorum except that Phytophthora ramorum. (v) The regulated or associated article or non-host nursery stock is to be moved in compliance with any additional emergency conditions the Administrator may impose under section 414 of the Plant Protection Act (7 U.S.C. 7714) 4 Phytophthora ramorum 4 (vi) The regulated or associated article or non-host nursery stock is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated or associated article. (2) [Reserved] (b) Movements from regulated establishments. (1) The nursery has entered into a compliance agreement APHIS in accordance with § 301.92-6 and is abiding by all terms and conditions of that agreement; and (2) The nursery has been inspected in accordance with § 301.92-11(c); and (3) The articles to be shipped interstate are free from Phytophthora ramorum (4) The movement of the articles is not subject to additional restriction under section 414 of the Plant Protection Act (7 U.S.C. 7714) or other Federal domestic plant quarantines and regulations. (c) Certificates issued under paragraphs (a) and (b) of this section may be issued by any person engaged in the business of growing, processing, handling, or moving regulated or associated articles or nursery stock provided such person has entered into and is operating under a compliance agreement in accordance with § 301.92-6. Any such person may execute and issue a certificate for the interstate movement of regulated or associated articles or nursery stock if an inspector has previously made the determination that the article is eligible for a certificate in accordance with any applicable section of this subpart. (d) Any certificate that has been issued may be withdrawn, either orally or in writing, by an inspector if he or she determines that the holder of the certificate has not complied with all conditions in this subpart for the use of the certificate. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal will be confirmed in writing as promptly as circumstances allow. Any person whose certificate has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate was wrongfully withdrawn. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579-0310 and 0579-0088) [72 FR 8597, Feb. 27, 2007, as amended at 75 FR 4241, Jan. 26, 2010; 84 FR 16193, Apr. 18, 2019; 87 FR 80019, Dec. 29, 2022] § 301.92-6 Compliance agreements and cancellation. (a) Any person engaged in growing, processing, handling, or moving regulated articles, associated articles, or non-host nursery stock may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 http://www.aphis.usda.gov/ppq/ispm/pramorum/resources.html. (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0310) [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16194, Apr. 18, 2019; 87 FR 80019, Dec. 29, 2022] § 301.92-7 Availability of inspectors; assembly for inspection. (a) Any person (other than a person authorized to issue certificates under § 301.92-5(c)) who desires to move a regulated or associated article or non-host nursery stock interstate accompanied by a certificate must notify an inspector 1 1 (b) The regulated or associated article or non-host nursery stock must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16194, Apr. 18, 2019; 87 FR 80019, Dec. 29, 2022] § 301.92-8 Attachment and disposition of certificates and recordkeeping. (a) A certificate required for the interstate movement of a regulated article, associated article, or non-host nursery stock must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article, associated article, or non-host nursery stock; or (2) Attached to the regulated article, associated article, or non-host nursery stock itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate is attached to the consignee's copy of the waybill, the regulated article, associated article, or non-host nursery stock must be sufficiently described on the certificate and on the waybill to identify the regulated article, associated article, or non-host nursery stock. (b) The certificate for the interstate movement of a regulated article, associated article, or non-host nursery stock must be furnished by the carrier to the consignee listed on the certificate upon arrival at the location provided on the certificate. (c) All nurseries that are operating under compliance agreements must maintain records of all incoming shipments of plants for a minimum of 24 months and must make them available to inspectors upon request. In addition, all nurseries that are operating under compliance agreements, except retail dealers, must maintain records of outgoing shipments for a minimum of 24 months and must make them available to inspectors upon request. (Approved by the Office of Management and Budget under control numbers 0579-0088 and 0579-0310) § 301.92-9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside normal business hours. § 301.92-10 [Reserved] § 301.92-11 Inspection and sampling protocols. (a) Nurseries in quarantined areas shipping regulated articles of nursery stock and associated articles interstate Nurseries in which Phytophthora ramorum has not been detected since March 31, 2011. Phytophthora ramorum (i) Annual inspection, sampling, and testing Inspection Phytophthora ramorum (B) Sampling. (C) Testing. (D) Annual certification. Phytophthora ramorum, Phytophthora ramorum (ii) Pre-shipment inspection, sampling, and testing Inspection. Phytophthora ramorum ( 1 Phytophthora ramorum ( 2 (B) Testing and withholding from interstate movement. Phytophthora ramorum (2) Nurseries in which Phytophthora ramorum has been detected since March 31, 2011. Phytophthora ramorum (i) Inspections. Phytophthora ramorum Phytophthora ramorum (ii) Sampling. Phytophthora ramorum (iii) Testing. (iv) Negative results; certification. Phytophthora ramorum, Phytophthora ramorum Phytophthora ramorum (v) Positive results. Phytophthora ramorum, Phytophthora ramorum (b) Nurseries in quarantined areas shipping non-host nursery stock interstate. (1) Annual visual inspection. Phytophthora ramorum Phytophthora ramorum (2) Sampling. Phytophthora ramorum Phytophthora ramorum (3) Certification. Phytophthora ramorum, Phytophthora ramorum, Phytophthora ramorum (c) Regulated establishments shipping regulated, restricted, or associated articles of interstate Inspections Phytophthora ramorum Phytophthora ramorum (2) Sampling. Phytophthora ramorum (3) Testing. (4) Negative results; certification. Phytophthora ramorum, Phytophthora ramorum Phytophthora ramorum (5) Positive results. Phytophthora ramorum, Phytophthora ramorum (Approved by the Office of Management and Budget under control number 0579-0310) [84 FR 16194, Apr. 18, 2019] § 301.92-12 Testing protocols. Samples must be analyzed using a methodology approved by APHIS at a laboratory approved by APHIS. The following methodology is approved by APHIS. (a) Optional ELISA Prescreening. Phytophthora (1) Negative prescreening results. Phytophthora ramorum (2) Positive prescreening results. Phytophthora (b) Mandatory testing procedures. Phytophthora Phytophthora ramorum (1) PCR or other molecular tests Negative results. Phytophthora ramorum (ii) Positive results. Phytophthora ramorum, Phytophthora ramorum. (2) Culture Test Negative results. (ii) Positive results. Phytophthora ramorum, Phytophthora ramorum. (c) Other test methods. [72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16195, Apr. 18, 2019]

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