Proposed Rule2022-12153
Domestic Quarantine Regulations; Quarantined Areas and Regulated Articles
Primary source
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Published
June 14, 2022
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are proposing to revise the regulations that govern domestic quarantines for various plant pests by removing lists of quarantined areas and regulated articles from the regulations in order to maintain these lists on web pages maintained by the Agency. We are proposing these amendments because they would allow the Agency to be more responsive in updating the lists. These changes would allow us to use a notice-based, streamlined approach to update the lists while continuing to protect plant health.
Full Text
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Proposed Rules]
[Pages 35904-35923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12153]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 /
Proposed Rules
[[Page 35904]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2019-0035]
RIN 0579-AE53
Domestic Quarantine Regulations; Quarantined Areas and Regulated
Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the regulations that govern
domestic quarantines for various plant pests by removing lists of
quarantined areas and regulated articles from the regulations in order
to maintain these lists on web pages maintained by the Agency. We are
proposing these amendments because they would allow the Agency to be
more responsive in updating the lists. These changes would allow us to
use a notice-based, streamlined approach to update the lists while
continuing to protect plant health.
DATES: We will consider all comments that we receive on or before
August 15, 2022.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2019-0035 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
<bullet> Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2019-0035, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
The proposed rule, supporting documents, and any comments we
receive on this docket may be viewed at <a href="http://www.regulations.gov">www.regulations.gov</a> or in our
reading room, which is located in room 1620 of the USDA South Building,
14th Street and Independence Avenue SW, Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except
holidays. To be sure someone is there to help you, please call (202)
799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National
Policy Manager, Office of the Deputy Administrator, PPQ, APHIS, 4700
River Road, Unit 137, Riverdale, MD 20737; (301) 851-2286; <a href="/cdn-cgi/l/email-protection#e4889d8a8aca8192858a97c9838b88808a8196a491978085ca838b92"><span class="__cf_email__" data-cfemail="5b37223535753e2d3a3528763c34373f353e291b2e283f3a753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under the Plant Protection Act (PPA, 7 U.S.C 7701 et seq.), the
Secretary of Agriculture is authorized to restrict the interstate
movement of plants, plants products, and other articles to prevent the
dissemination of plant pests and noxious weeds within the United
States, and to issue regulations and orders regarding such
restrictions. The Secretary has delegated this authority to the Animal
and Plant Health Inspection Service (APHIS).
Pursuant to the PPA, APHIS has issued the regulations in 7 CFR part
301, ``Domestic Quarantine Notices,'' (referred to below as the
regulations), in order to prevent the interstate spread of plant pests
within the United States.
Part 301 is currently divided into 20 subparts. The first two
subparts are ``Subpart A--Preemption and Special Need Requests''
(Sec. Sec. 301.1 through 301.1-3) and ``Subpart B--Imported Plants and
Plant Parts'' (Sec. Sec. 301.10 and 301.11).
The remaining 18 subparts in the regulations each address a
specific plant pest: ``Subpart C--Fruit Flies'' (Sec. Sec. 301.32
through 301.32-10), ``Subpart D--Black Stem Rust'' (Sec. Sec. 301.38
through 301.38-8), ``Subpart E--Gypsy Moth'' (Sec. Sec. 301.45 through
301.45-12), ``Subpart F--Japanese Beetle (Sec. Sec. 301.48 through
301.48-8), ``Subpart H--Asian Longhorned Beetle'' (Sec. Sec. 301.51-1
through 301.51-9), ``Subpart I--Pink Bollworm'' (Sec. Sec. 301.52
through 301.52-10), ``Subpart K--South American Cactus Moth (Sec. Sec.
301.55 through 301.55-9), ``Subpart L--Plum Pox'' (Sec. Sec. 301.74
through 301.74-5), ``Subpart M--Citrus Canker (Sec. Sec. 301.75-1
through 301.75-17), ``Subpart N--Citrus Greening and Asian Citrus
Psyllid'' (Sec. Sec. 301.76 through 301.76-11), ``Subpart O--
Witchweed'' (Sec. Sec. 301.80 through 301.80-10), ``Subpart P--
Imported Fire Ant'' (Sec. Sec. 301.81 through 301.81-11), ``Subpart
R--Golden Nematode'' (Sec. Sec. 301.85 through 301.85-10), ``Subpart
S--Pale Cyst Nematode (Sec. Sec. 301.86 through 301.86-9), ``Subpart
T--Sugarcane Diseases'' (Sec. Sec. 301.87 through 301.87-10),
``Subpart U--Karnal Bunt'' (Sec. Sec. 301.89-1 through 301.89-16),
``Subpart W--European Larch Canker (Sec. Sec. 301.91 through 301.91-
9), and ``Subpart X--Phytophthora Ramorum (Sec. Sec. 301.92 through
301.92-12).'' \1\
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\1\ Within part 301, subparts G, J, Q, and V are currently
removed and reserved.
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While there are differences in structure and nomenclature among the
various subparts, which we discuss later in this document, the subparts
tend to share a basic regulatory approach in common: Certain areas of
the United States are designated as quarantined \2\ areas for a plant
pest, certain articles that may present a risk of spread of the plant
pest in question are designated as regulated articles, and conditions
are placed on the interstate movement of regulated articles from
quarantined areas.
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\2\ Certain subparts refer to quarantined areas as ``regulated
areas'' or ``infested areas.'' Since the term ``quarantined area''
is the most common in the regulations, and the terms all share a
common meaning, we use ``quarantined area'' in this preamble as a
general term of art inclusive of those other terms, and use the
other terms only when context dictates they should be used.
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With rare exceptions, the subparts list quarantined areas within
the regulations themselves. Because these lists are contained in the
regulations, APHIS must issue rules in order to update the lists.
However, the rulemaking process sometimes has difficulty keeping pace
with the expansion and contraction of quarantined areas for plant
pests.
Accordingly, to ensure the domestic quarantine programs continue to
serve the function for which they were established, APHIS issues
Federal Orders in order to designate such areas. During periods of
rapid spread of a plant pest, this can result in issuance of a
significant number of Federal Orders. For example, in a single fiscal
year (FY 2016), APHIS had to issue 16 Federal Orders designating
additional quarantine areas for a single plant pest.
The subparts also list regulated articles in the regulations
themselves. While the subparts do allow for immediate designation of an
article as a
[[Page 35905]]
regulated article based on an APHIS determination, usually by an
inspector, that the particular article presents a risk of spread of the
plant pest and following official notification to the owner of the
particular article, these provisions are intended for immediate
designation of specific articles, rather than as generally applicable
mechanisms to designate additional regulated articles. Again, such
generally applicable revisions to the regulations necessitate
rulemaking, and, when rules cannot be issued in a sufficient
expeditious manner, APHIS issues Federal Orders to serve the programs'
needs.
While APHIS ultimately either rescinds Federal Orders or codifies
them through rulemaking, in the intervening time period before such
codification occurs, the regulations do not align with the actual lists
of quarantined areas and regulated articles for various domestic
quarantine programs for plant pests.
To address this issue, in this proposed rule, we are proposing to
revise the regulations to establish processes wherein lists of
quarantined areas and regulated articles would be moved from the
regulations to websites maintained by APHIS' Plant Protection and
Quarantine (PPQ) program unit for various plant pests. We would issue
yearly notices in the Federal Register in order to communicate changes
to the lists of quarantined areas and would issue notices as needed in
order to make changes to the lists of regulated articles.
Below, we discuss the proposed process that we would use for
communicating changes to quarantined areas. In the course of this
discussion, we also address how we would account for suppressive and
generally infested areas, which are used in certain subparts within the
regulations as subsets of quarantined areas.
We discuss the process that we would use in order to make changes
to the lists of regulated articles. In the course of this discussion,
we discuss how we would account for sections in certain subparts that
exempt articles that would otherwise be regulated from regulation
regarding their interstate movement, if the articles are produced,
processed, cleaned, or handled in a manner that addresses plant pest
risk.
We proceed sequentially through the subparts in the regulations in
order to discuss instances in which we deviate from these overarching
approaches, as well as to discuss minor editorial revisions that we are
making to some of the subparts in order to promote clarity and
consistency.
Finally, we provide public notification that a number of Federal
Orders would effectively be codified if we were to finalize this
proposed rule.
Proposed Process for Quarantined Areas
As we mentioned earlier in this document, the subparts in the
regulations generally list quarantined areas within the regulations
themselves. There are, however, three subparts that do not do so:
``Subpart C--Fruit Flies,'' ``Subpart N--Citrus Greening and Asian
Citrus Psyllid,'' and ``Subpart S--Pale Cyst Nematode.'' In these
subparts, the criteria for designation of a quarantined area are listed
in the regulations, but the actual description listing all the
quarantined areas is not. Rather, the description is maintained on the
internet at the PPQ website for the relevant plant pest, and is
annotated to indicate the last time it was changed. When the
quarantined areas for the program change, the description is updated
and annotated, and APHIS publishes a notice in the Federal Register
informing the public that the change has occurred and describing the
change to the quarantined area.
We are proposing to broaden the use of this approach from those
three subparts to an overarching approach for part 301. In so doing, we
would also make a slight revision to the content of the Federal
Register notices required by the regulations. Whereas the regulations
are currently written in a manner that makes the notices pest-specific,
we would instead issue notices on a yearly basis informing the public
of all revisions to quarantined areas that had occurred since the last
notice was published.
Accordingly, under the proposed approach, whenever an area met
criteria for designation as a quarantined area, APHIS would issue a
Federal Order designating the area as such, and would update the list
of quarantined areas for the relevant plant pest program, and annotate
the list with the date of the update. Once a year, APHIS would issue a
single notice in the Federal Register informing the public of all
updates to the lists of quarantined areas that had occurred since the
previous notice.
Because, under the proposed approach, lists of quarantined areas
would no longer be found in the regulations, we are proposing to revise
references to such lists throughout part 301.
Finally, in ``Subpart I--Pink Bollworm,'' ``Subpart O--Witchweed,''
and ``Subpart R--Golden Nematode,'' the regulations further divide
quarantined areas into suppressive and generally infested areas.
Suppressive areas are areas in which eradication of infestation is
undertaken as an objective pursuant to the processes set forth in the
subparts, while generally infested areas are any part of a quarantined
area that is not a suppressive area.
Under our proposed framework, the lists of quarantined areas for
the pink bollworm, witchweed, and golden nematode program that PPQ
maintains on the internet would be annotated to indicate suppressive
and generally infested areas therein. When a new quarantined area is
added for these programs through issuance of a Federal Order, the
Federal Order would indicate the generally infested and suppressive
areas within the new quarantined area. APHIS would then update the
relevant list, including any suppressive and generally infested areas,
on the internet accordingly, and our yearly Federal Register notice
would indicate this update. The Federal Register notice would also be
used to indicate changes to the geographical boundaries of the
suppressive areas or generally infested areas that had occurred since
the last update (for example, if APHIS were to pursue eradication in a
generally infested area, or to abandon eradication efforts in a
suppressive area). Following issuance of the Federal Register notice,
APHIS would archive Federal Orders covered by the Federal Register
notice; this archiving would not impact the lists themselves but would
ensure that web pages devoted to the Federal Orders issued for a
particular program did not become unwieldy over time.
Proposed Process for Regulated Articles
As we mentioned previously, currently, the subparts in part 301
list regulated articles in the regulations themselves, and provide for
immediate designation of a particular article as a regulated article
upon an APHIS determination, usually by an inspector, that the article
presents a risk of spreading a particular plant pest.
Under our proposed process, the lists of regulated articles for a
particular subpart would be moved from the regulations to the relevant
PPQ website for the plant pest in question. The regulations would state
the criteria for designating additional regulated articles for the
pest, which would be identical to the criteria currently stated in the
regulations for immediate designation of an article. For example, the
regulations currently allow an inspector to designate a specific
article as a regulated article for witchweed, if he or she determined
it to ``present a hazard of spread of witchweed.'' In our proposed
rule, the regulations for witchweed would use these same criteria
(``present a hazard of spread of witchweed'') as
[[Page 35906]]
the basis for designating additional classes of regulated articles.
If APHIS determines that the criteria for designation of a
regulated article are met for a particular plant pest for which we have
regulations in part 301, we would publish a notice in the Federal
Register proposing to add the article to the list of regulated articles
for that plant pest. The notice would also provide the basis for this
determination, and would request public comment.\3\
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\3\ In instances in which there is an immediate or emergency
need to designate a regulated article for a particular plant pest,
such as when an article previously considered not to be a host for a
particular pest is determined during an inspection to be infested
with the pest, APHIS may designate the article as a regulated
article through a Federal Order and update the relevant list of
regulated articles accordingly. In such instances, as soon as it is
feasible, APHIS would issue a notice in the Federal Register as
discussed above.
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If no comments are received on the notice, or if the comments do
not change the Administrator or the Deputy Administrator's
determination, APHIS will publish a second notice in the Federal
Register designating the article as a regulated article for that plant
pest.
Because, under the proposed approach, lists of regulated articles
would no longer be found in the regulations, we are proposing to revise
references to such lists throughout part 301.
This change would apply to all subparts in part 301 except
``Subpart S--Pale Cyst Nematode.'' The pale cyst nematode program has
determined that, for program-specific needs and ease of reference for
stakeholders, it would be appropriate not to weblist regulated
articles. We would continue to communicate any changes to the list of
regulated articles for pale cyst nematode via the current rulemaking
process.
Finally, ``Subpart O--Witchweed'' and ``Subpart R--Golden
Nematode'' currently exempt articles that would otherwise be regulated
from regulation regarding their interstate movement, if the articles
are produced, processed, cleaned, or handled in a manner that addresses
plant pest risk. The conditions under which a specific regulated
article is exempted are listed in the regulations. Because we are
proposing to move the lists of regulated articles from the regulations
in part 301 to their respective PPQ web page, we are also proposing to
remove the lists of exemptions from the regulations in these two
subparts. Instead, the regulations would indicate that, for the
witchweed and golden nematode programs, the list of regulated articles
on their respective web page is annotated to indicate the conditions
under which a particular regulated article is exempt from regulations.
Fruit Flies
In ``Subpart C--Fruit Flies'' (Sec. Sec. 301.32 through 301.32-
10), Sec. 301.32-2 lists regulated articles. However, the manner in
which it does so is unique within the regulations in part 301.
Paragraph (a) of that section contains a table of berries, fruits,
nuts, and vegetables that are considered regulated articles for certain
species of fruit flies unless the berries, fruits, nuts, or vegetables
are canned, dried, or frozen below -17.8 [deg]C (0 [deg]F). We are
proposing to move this table to the PPQ fruit fly web page.
Paragraph (b) of the section currently lists species in the family
Cucurbitaceae, and states that plants of these listed species are
regulated articles for melon fruit fly. We are moving the list of
species from the regulations to the PPQ fruit fly web page. We are also
proposing to clarify that the prohibition pertains to plants that are
producing or have produced the species. We are proposing this
clarification in order to indicate that a plant is still regulated,
even if it no longer bears fruit. Finally, because paragraph (b) of
this section would now contain our proposed notice-based process for
designating new regulated articles for fruit flies, these provisions
would be moved to paragraph (c).
Current paragraph (c) of the section provides that soil is a
regulated article, if it is within the dripline of the plants listed in
paragraph (b) of the section or plants that are producing or have
produced any article listed in paragraph (a) of this section. Because
the lists in paragraph (a) and paragraph (b) would both be moved to the
PPQ fruit fly web page, we are proposing to revise paragraph (c) to
indicate that soil is a regulated article if it is within the dripline
of a plant list on that website and is annotated with an asterisk.
Black Stem Rust
``Subpart D--Black Stem Rust'' differs from the general structure
of the other subparts in part 301. The subpart quarantines the entire
conterminous United States, including the District of Columbia, for
black stem rust. It designates States and portions of States as
protected areas if they have eradicated rust-susceptible plants of the
genera Berberis, Mahoberberis, and Mahonia under the cooperative
Federal-State eradication program for black stem rust and have met
other program requirements, and prohibits the interstate movement of
all rust-susceptible Berberis, Mahoberberis, and Mahonia plants, seeds,
fruits, and other plant parts capable of propagation, except Mahonia
cuttings for decorative purposes into or through protected areas.
Finally, it provides lists of species of Berberis, Mahoberberis, and
Mahonia that the U.S. Department of Agriculture (USDA) has found to be
rust-resistant, and allows the restricted interstate movement of such
species into or through protected areas.
In our proposed rule, we are proposing to move the list of
protected areas and the lists of rust-resistant species from the
regulations to the PPQ black stem rust web page. We would update the
list of protected areas using the same process described previously in
this document for quarantined areas, and would update the list of rust-
resistant species through the process described previously in this
document for regulated articles.
Gypsy Moth
``Subpart E--Gypsy Moth'' refers to ``generally infested areas,''
rather than quarantined areas. However, operationally, Federal and
State employees of the program have long referred to generally infested
areas as ``quarantined areas,'' and this is the nomenclature most
commonly used by regulated entities within the program. Accordingly, we
are proposing to revise all uses of the term ``generally infested
area'' in the subpart to ``quarantined area.'' This is, again, a change
in nomenclature, and does not impact the contextual meaning of that
term within the subpart.
Japanese Beetle
We elected not to include ``Subpart F--Japanese Beetle,'' within
this proposed rule. The subpart regulates only airports within
quarantined areas and designates only one regulated article, aircraft
at or from regulated airports. Because of this unique regulatory
structure, we do not consider the notice-based processes described in
this document to be appropriate or necessary for this subpart.
Pink Bollworm
A 2018 Federal Order \4\ (DA-2018-35) revised the criteria used
within the program in order to designate an area as regulated for pink
bollworm. We are proposing to incorporate these revised criteria within
the regulations. We are also proposing to indicate that, as a result of
that Federal Order, Florida is
[[Page 35907]]
the only State under Federal quarantine for pink bollworm.
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\4\ To view the Federal Order, go to <a href="https://www.aphis.usda.gov/plant_health/plant_pest_info/cotton_pests/downloads/DA-2018-35.pdf">https://www.aphis.usda.gov/plant_health/plant_pest_info/cotton_pests/downloads/DA-2018-35.pdf</a>.
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Witchweed
In ``Subpart O--Witchweed,'' paragraph (b) of Sec. 301.80-3
governs the interstate movement of soil samples to laboratories for
processing, testing, or analysis. Currently, footnote 4, which will be
redesignated as footnote 2, lists an address from which pamphlets
containing provisions for laboratory approval may be obtained. This
information is outdated, and no such pamphlets currently exist.
Instead, provisions for laboratory approval are obtained from a State's
State Plant Health Director. We are proposing to update this
information and include a web address for contact information.
The regulations in paragraph (b) also state that a list of approved
laboratories is available in a supplemental regulation referenced in
current footnote 5. This information is inaccurate, as PPQ no longer
maintains a list of approved laboratories. We are proposing to remove
the phrase ``and so listed by him in a supplemental regulation'' from
paragraph (b), and remove the footnote.
Imported Fire Ant
Within ``Subpart P--Imported Fire Ant,'' paragraphs (a) through (c)
of Sec. 301.81-3 contain criteria for designating additional
quarantined areas. We are proposing to consolidate these criteria into
a single paragraph, and to make minor editorial revisions to improve
clarity.
Currently footnote 3 of Sec. 301.81-4 includes the same outdated
information regarding provisions for laboratory approval for soil
samples that is outlined in the discussion of witchweed above. We are
proposing to update this information in the same manner as discussed
above and redesignate footnote 3 as footnote 1.
Golden Nematode
Within ``Subpart R--Golden Nematode,'' current footnote 3 in Sec.
301.85-3, which will be redesignated as footnote 2, contains the same
outdated information regarding provisions for laboratory approval for
soil samples that is outlined in the discussions of witchweed and
imported fire ant above. We are proposing to update the information in
the same manner as discussed above. Currently, footnote 4 contains the
same inaccurate information regarding a list of approved laboratories
that is outlined in the discussion of witchweed. We are proposing to
remove this inaccurate information in this subpart as well by removing
footnote 4.
Karnal Bunt
Similarly, within ``Subpart U--Karnal Bunt,'' the criteria for
designating a regulated area are found in paragraphs (a) through (c) of
Sec. 301.89-3. We are proposing to consolidate these criteria into a
single paragraph, and to make minor editorial revisions to improve
clarity.
In the same section, we are updating a reference to an obsolete
statutory authority to instead point to the parallel provision within
the PPA.
Phytophthora Ramorum
``Subpart X--Phytophthora Ramorum'' (Sec. Sec. 301.92 through
301.92-12) distinguishes between associated articles, regulated
articles, and restricted articles, and places different restrictions on
the movement of these articles from a quarantined area, depending on
which category they fall into.
Associated articles are nursery stock of taxa associated with P.
ramorum, but not proven to be hosts. Regulated articles are nursery
stock and other plant products of taxa that are proven hosts for P.
ramorum. Restricted articles are bark chips or mulch of proven host
plant taxa or forest stock of proven host or associated plant taxa that
are grown or located in a quarantined area.
Currently, proven host taxa are listed in Sec. 301.92-2(d),
associated plant taxa are listed in Sec. 301.92-2(e), and quarantined
areas are listed in Sec. 301.92-3(a)(3). We are proposing to move
these lists of associated plant taxa, proven host taxa, and quarantined
areas to the PPQ Phytophthora ramorum web page.
Notification of Proposed Codification of Federal Orders
As we mentioned previously in this document, APHIS has often issued
Federal Orders to update lists of quarantined areas and regulated
articles for domestic plant pest programs. When this occurs, the
relevant program updates the list of quarantined areas and regulated
articles for their program at the following website: <a href="https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases">https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases</a>.
If this proposed rule is finalized, we would, in most instances,
remove lists of quarantined areas and regulated articles from the
regulations. Therefore, we need not use rulemaking to update the lists
in order to codify outstanding Federal Orders. Additionally, the lists
maintained on the internet at <a href="https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases">https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases</a>, which are up-to-date and reflect the issuance of the Federal
Orders, would have regulatory force. Accordingly, this proposed rule
would effectively codify those Federal Orders. The list of Federal
Orders that would be codified in such a manner by this action can be
found at: <a href="https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/docket-codified-federal-orders">https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/docket-codified-federal-orders</a>.
Miscellaneous
Finally, we are making nonsubstantive changes to improve
readability and conform with formatting requirements.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
APHIS proposes to remove from the regulations lists of areas and
articles associated with various plant pests, and place the lists on
the PPQ website. Specifically, the PPQ website (<a href="http://www.aphis.usda.gov/planthealthinfo/index.shtml">http://www.aphis.usda.gov/planthealthinfo/index.shtml</a>) would house lists of
quarantined, protected, suppressive, and generally infested areas; and
lists of regulated articles, exempted articles, restricted articles,
associated articles, and host articles. Changes to these lists would no
longer require rulemaking. Rather, changes would be made using a
notice-based regulatory process. This proposed weblisting process would
only be for programs that are already listed in the regulations.
Potential cost savings are not quantified. The benefits of this
proposed rule to our stakeholders would be timelier and more easily
accessible notification of changing phytosanitary information. The cost
savings to the Agency would come from a more simplified process (i.e.,
using fewer resources) when taking emergency action to prevent the
dissemination of plant pests and diseases. The notice-based approach
would require less time and fewer steps than publishing a rule.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance
[[Page 35908]]
under No. 10.025 and is subject to Executive Order 12372, which
requires intergovernmental consultation with State and local officials.
(See 2 CFR chapter IV.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule: (1) Preempts all State and
local laws and regulations that are inconsistent with this proposed
rule; (2) has no retroactive effect; and (3) does not require
administrative proceedings before parties may file suit in court
challenging this proposed rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are proposing to amend 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
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1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
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2. Section 301.32-1 is amended by revising the definition of
``Regulated article'' to read as follows:
Sec. 301.32-1 Definitions.
* * * * *
Regulated article. Any article identified as a regulated article
under Sec. 301.32-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.32-2(b), or otherwise
designated in accordance with Sec. 301.32-2(c) or (d).
* * * * *
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3. Section 301.32.-2 is revised to read as follows:
Sec. 301.32-2 Regulated articles.
(a) List of regulated articles. Certain berries, fruits, nuts, and
vegetables are regulated articles for one or more species of fruit fly
unless the berries, fruits, nuts, or vegetables are canned, dried, or
frozen below -17.8 [deg]C (0 [deg]F). The relevant commodity (both
botanical name and common name), as well as the fruit fly species for
which it is a regulated article, is found at <a href="http://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</a>.
(b) Normal process for adding regulated articles. (1) If the
Administrator determines that an article not already listed at
<a href="http://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</a> presents a
risk of spreading one or more species of fruit flies, APHIS will
publish a notice in the Federal Register proposing to designate the
article as a regulated article for the relevant species of fruit flies.
The notice will provide the basis for this determination and will
request public comment.
(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 designating the article as a
regulated article for the relevant species of fruit flies and listing
it.
(c) Soil and plants as regulated articles. Soil is a regulated
article if it is within the dripline of a regulated article that is
listed at <a href="http://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</a> and
that is annotated with an asterisk. Plants are regulated articles if
they are producing or have produced species in the family Cucurbitaceae
that are listed at <a href="http://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</a> as regulated articles for melon fruit fly.
(d) Immediate designation of other regulated articles. Any other
product, article, or means of conveyance not listed at
<a href="http://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</a> is a regulated
article, if an inspector determines it presents a risk of spreading
fruit flies, when the inspector notifies the person in possession of
the product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
Sec. 301.32-4 [Amended]
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4. Section 301.32-4, the introductory text is amended by redesignating
footnote 2 as footnote 1.
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5. Section 301.32-5 is amended as follows:
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a. In paragraph (a), by redesignating footnote 3 as footnote 1;
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b. In paragraph (b), by redesignating footnote 4 as footnote 2; and
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c. By revising newly redesignated footnote 2.
The revision reads as follows:
Sec. 301.32-5 Issuance and cancellation of certificates and limited
permits.
* * * * *
\2\ See footnote 1 of this section.
Sec. 301.32-6 [Amended]
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6. Section 301.32-6 is amended in paragraph (a) by redesignating
footnote 5 as footnote 1.
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7. Section 301.32-7 is amended in paragraph (a) by redesignating
footnote 6 as footnote 1, and revising newly redesignated footnote 1 to
read as follows:
Sec. 301.32-7 Assembly and inspection of regulated articles.
* * * * *
\1\ See footnote 1 to Sec. 301.32-5(a).
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8. Section 301.38-1 is amended as follows:
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a. In the definition of ``Certificate'', by removing the words ``of
this subpart'';
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b. By revising the definition of ``Protected area'';
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c. By revising the definition of ``Regulated article'' and listing it
alphabetically; and
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d. In the definitions for ``Rust-resistant plants'' and ``Rust-
susceptible plants'', by removing the words ``under Sec. 301.38-
2(a)(1) and (a)(2)'' and adding the words ``in accordance with Sec.
301.38-2'' in their place.
The revisions read as follows:
Sec. 301.38-1 Definitions.
* * * * *
Protected area. Those States or counties designated in accordance
with Sec. 301.38-3.
Regulated article. Any article identified as a regulated article
under Sec. 301.38-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.38-2(c), or otherwise
designated in accordance with Sec. 301.38-2(d).
* * * * *
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9. Section 301.38-2 is revised to read as follows:
Sec. 301.38-2 Regulated articles.
(a) Rust-resistant regulated articles. The Administrator has
determined that certain Berberis species and varieties are rust-
resistant. A list of all such articles is located at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a>.
[[Page 35909]]
(b) Berberis, Mahoberberis, and Mahonia. All plants, seeds, fruits,
and other plant parts capable of propagation from rust-susceptible
species and varieties of the genera Berberis, Mahoberberis, and
Mahonia, except Mahonia cuttings for decorative purposes, are regulated
articles.
(c) Process for adding rust-resistant regulated articles--(1)
Normal process. (i) If the Administrator determines that an article not
already listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a> meets
the definition of rust-resistant plants found in this subpart, APHIS
will publish a notice in the Federal Register proposing to designate
the article as a rust-resistant regulated article for black stem rust.
The notice will provide the basis for this determination, and will
request public comment.
(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 designating the article as a
rust-resistant regulated article for black stem rust and listing it.
(2) Requested process. A person may request that an additional
rust-resistant variety be added to the list at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a>. The person requesting that a rust-
resistant variety be added to the list must provide APHIS with a
description of the variety, including a written description and color
pictures that can be used by an inspector to clearly identify the
variety and distinguish it from other varieties. If APHIS determines
the variety should be added to the list, APHIS will propose to add it
to the list pursuant to paragraph (c)(1) of this section.
(d) Immediate designation of regulated articles. Any other product
or article not listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a>
is a regulated article if an inspector determines it presents a risk of
spread of black stem rust. The inspector must notify the person in
possession of the product or article that it is subject to the
provisions of this subpart.
(Approved by the Office of Management and Budget under control
number 0579-0186)
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10. Section 301.38-3 is amended as follows:
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a. In paragraph (a), by removing the words ``in paragraph (d)'' and
adding the words ``in accordance with paragraph (d)'' in their place;
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b. In paragraph (c), by redesignating footnote 4 as footnote 1;
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c. By revising paragraph (d); and
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d. In paragraph (f), by removing the words ``in paragraph (d) of this
section'' and adding ``at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a>'' in their place.
The revision reads as follows:
Sec. 301.38-3 Protected areas.
* * * * *
(d) The Administrator will publish a list of all protected areas on
the Plant Protection and Quarantine (PPQ) website at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/barberry/ct_barberry</a>. The list will include
the date that the list was last updated. Lists of all protected areas
may also be obtained by request from any local PPQ office; local
offices are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of protected areas in
accordance with this section, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the protected areas.
* * * * *
Sec. 301.38-4 [Amended]
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11. Section 301.38-4 is amended as follows:
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a. In paragraphs (b)(1)(ii), (b)(2) introductory text, and (b)(2)(i),
by removing the words ``of this subpart''; and
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b. In paragraph (b)(2)(ii), by removing the words ``in Sec. 301.38-
2(a)(2) of this subpart'' and adding the words ``in accordance with
Sec. 301.38-2'' in their place.
Sec. 301.38-5 [Amended]
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12. Section 301.38-5 is amended in paragraph (a) by redesignating
footnote 5 as footnote 1.
Sec. 301.38-6 [Amended]
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13. Section 301.38-6 is amended in paragraph (a) by redesignating
footnote 6 as footnote 1.
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14. Section 301.38-8, is amended by redesignating footnote 4 as
footnote 1 and revising newly redesignated footnote 1 to read as
follows:
Sec. 301.38-8 Costs and charges.
* * * * *
\1\ See footnote 1 in Sec. 301.38-3.
Subpart E [Amended]
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15. Subpart E, consisting of Sec. Sec. 301.45 through 301.45-12, is
amended by removing the words ``generally infested'' wherever they
occur, and adding the word ``quarantined'' in their place.
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16. Section 301.45 is amended by revising paragraph (a) to read as
follows:
Sec. 301.45 Notice of quarantine; restrictions on interstate movement
of specified regulated articles.
(a) Notice of quarantine. Pursuant to the provisions of sections
411, 412, 414, 431, and 434 of the Plant Protection Act, (7 U.S.C.
7711, 7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby
establishes a quarantine within the United States to prevent the spread
of the gypsy moth, Lymantria dispar (Linnaeus), a dangerous insect
injurious to forests and shade trees and not widely prevalent or
distributed throughout the United States, and establishes regulations
governing the interstate movement of regulated articles and outdoor
household articles from quarantined areas of the United States.
* * * * *
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17. Section 301.45-1 is amended as follows:
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a. By removing the definition for ``Generally infested area'';
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b. In the definition for ``Qualified certified applicator'', by
removing the words ``of this part''; and
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c. By adding, in alphabetical order, a definition for ``Quarantine
area''.
The addition reads as follows:
Sec. 301.45-1 Definitions.
* * * * *
Quarantine area. Any State, or portion thereof, listed as a
generally infested area in accordance with Sec. 301.45-2 or
temporarily designated as a generally infested area in accordance with
Sec. 301.45-2(c).
* * * * *
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18. Section 301.45-2 is amended as follows:
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a. By revising paragraph (a);
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b. In paragraph (c), by removing the words ``in Sec. 301.45-3'' and
adding the words ``at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth</a>'' in their place; and
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c. In paragraph (d), by adding a sentence after the last sentence.
The revision and addition read as follows:
[[Page 35910]]
Sec. 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 <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth</a>. The list
will include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directories and on the
internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of quarantined areas,
APHIS will publish a notice in the Federal Register informing the
public that the change has occurred and describing the change to the
quarantined areas. Notwithstanding the above criteria, an area will not
be listed as a quarantined area if the Administrator determines that:
(1) The area is subject to a gypsy moth eradication program
conducted by the Federal Government or a State government in accordance
with the Eradication, Suppression, and Slow the Spread alternative of
the Final Environmental Impact Statement (FEIS) on Gypsy Moth
Suppression and Eradication Projects that was filed with the United
States Environmental Protection Agency on January 16, 1996; and
(2) State or Federal delimiting trapping surveys conducted in
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the
Gypsy Moth Treatment Manual show that the average number of gypsy moths
caught per trap is less than 10 and that the trapping surveys show that
the eradication program is effectively diminishing the gypsy moth
population of the area.
* * * * *
(d) * * * APHIS will publish a notice in the Federal Register
informing the public that the change has occurred.
Sec. 301.45-3 [Removed and Reserved]
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19. Section 301.45-3 is removed and reserved.
Sec. 301.45-4 [Amended]
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20. Section 301.45-4 is amended in paragraph (a)(1) by redesignating
footnote 3 as footnote 1.
Sec. 301.48-1 [Amended]
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21. Section 301.48-1 is amended in the definition of ``Regulated
airport'' by removing the words ``of this subpart''.
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22. Section 301.51-1 is amended as follows:
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a. In the definition for ``Quarantined area'', by removing the words
``in Sec. 301.51-3(c) of this subpart'' and adding the words ``in
accordance with Sec. 301.51-2'' in their place, and removing the words
``of this subpart'' after the citation ``Sec. 301.51-3(b)''; and
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b. By revising the definition for ``Regulated article''.
The revision reads as follows:
Sec. 301.51-1 Definitions.
* * * * *
Regulated article. Any article identified as a regulated article
under Sec. 301.51-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.51-2(b), or otherwise
designated in accordance with Sec. 301.51-2(c).
* * * * *
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23. Sections 301.51-2 and 301.51-3 are revised to read as follows:
Sec. 301.51-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading Asian longhorned
beetle. A list of all such articles is found on the internet at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle</a>. Lists of all regulated articles may also be obtained by request
from any local PPQ office; local offices are listed in telephone
directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle</a> presents a risk of spreading Asian longhorned beetle,
APHIS will publish a notice in the Federal Register proposing to
designate the article as a regulated article for Asian longhorned
beetle. The notice will provide the basis for this determination, and
will request public comment.
(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 designating the article as a
regulated article for Asian longhorned beetle and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis if an inspector determines that it presents a risk
of spreading Asian longhorned beetle and notifies the person in
possession of the article, product, or means of conveyance that it is
now subject to the restrictions of this subpart.
Sec. 301.51-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area 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 <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/asian-longhorned-beetle/asian-longhorned-beetle</a>. The list will include the date that the list was
last updated. Lists of all quarantined areas may also be obtained by
request from any local PPQ office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made
to the list of quarantined areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the quarantined areas. Less than an entire
State will be designated as a quarantined area only if the
Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a quarantined
area will be adequate to prevent the artificial
[[Page 35911]]
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.
Sec. 301.51-6 [Amended]
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24. Section 301.51-6 is amended in paragraph (a) by redesignating
footnote 3 as footnote 1.
Sec. 301.51-7 [Amended]
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25. Section 301.51-7 is amended in paragraph (a) by redesignating
footnote 4 as footnote 1.
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26. Section 301.52 is revised to read as follows:
Sec. 301.52 Quarantine; restriction on interstate movement of
specified regulated articles.
(a) Notice of quarantine. The following States are quarantined to
prevent the spread of the pink bollworm (Pectinophora gossypiella
(Saund.)): Florida.
(b) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spreading pink
bollworm. A list of all such regulated articles is found on the
internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests</a>.
Lists of all regulated articles may also be obtained by request from
any local PPQ office; local offices are listed in telephone directories
and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(c) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests</a> presents
a risk of spreading pink bollworm, APHIS will publish a notice in the
Federal Register proposing to designate the article as a regulated
article for pink bollworm. The notice will provide the basis for this
determination, and will request public comment.
(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 designating the article
as a regulated article for pink bollworm and listing it.
(d) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article for pink bollworm, if the inspector determines that
it presents a risk of spreading pink bollworm, and after the inspector
provides actual notification to the person in possession of the
product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
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27. Section 301.52-1 is amended by revising the definitions of
``Regulated area'', ``Regulated articles'', and ``Suppressive area'' to
read as follows:
Sec. 301.52-1 Definitions.
* * * * *
Regulated area. Any quarantined State, territory, or district, or
any portion thereof, listed in accordance with Sec. 301.52-2.
Regulated articles. Any article identified as a regulated article
under Sec. 301.52 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.52(c), or otherwise
designated in accordance with Sec. 301.52(d).
* * * * *
Suppressive area. That part of a regulated area where eradication
of infestation is undertaken as an objective, as designated by the
Deputy Administrator in accordance with Sec. 301.52-2.
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28. Section 301.52-2 is revised to read as follows:
Sec. 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 Sec. 301.52-1. The Deputy Administrator
will publish a list of all regulated areas, including the suppressive
and generally infested areas therein, at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/cotton-pests/cotton-pests</a>. The list will include the date that
the list was last updated. Lists of all regulated areas, including the
suppressive and generally infested areas therein, may also be obtained
by request from any local office of PPQ; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made
to the list of regulated areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the regulated areas. Less than an entire State
will be designated as a regulated area only if the Deputy Administrator
determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a regulated
area will be adequate to prevent the artificial interstate spread of
pink bollworm.
(b) [Reserved]
Sec. 301.52-2a [Removed and Reserved]
0
29. Section 301.52-2a is removed and reserved.
Sec. 301.52-3 [Amended]
0
30. Section 301.52-3 is amended in the section heading by redesignating
footnote 2 as footnote 1.
0
31. Section 301.55-1 is amended as follows:
0
a. In the definition for ``Quarantined area'', by removing the words
``listed in 301.55-3(c)'' and adding the words ``listed in accordance
with Sec. 301.55-3(a)'' in their place; and
0
b. By revising the definition for ``Regulated article''.
The revision reads as follows:
Sec. 301.55-1 Definitions.
* * * * *
Regulated article. Any article identified as a regulated article
under Sec. 301.55-2 as follows: listed as of
[[Page 35912]]
[EFFECTIVE DATE OF FINAL RULE], added in accordance with Sec. 301.55-
2(b), or otherwise designated in accordance with Sec. 301.55-2(c).
* * * * *
0
32. Sections 301.55-2 and 301.55-3 are revised to read as follows:
Sec. 301.55-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading the South American
cactus moth. A list of all such regulated articles is found on the
internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth</a>. Lists of all regulated articles may also be obtained by
request from any local office of PPQ; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth</a> presents a risk of spreading South American cactus moth, APHIS
will publish a notice in the Federal Register proposing to designate
the article as a regulated article for South American cactus moth. The
notice will provide the basis for this determination, and will request
public comment.
(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 designating the article as a
regulated article for South African cactus moth and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance not listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth</a> as a regulated article if the inspector determines it presents a
risk of spreading the South American cactus moth, after the inspector
provides written notification to the person in possession of the
product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
Sec. 301.55-3 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 <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/sa_insects/south-american-cactus-moth</a>. The list will include
the date that the list was last updated. Lists of all quarantined areas
may also be obtained by request from any local PPQ office; local
offices are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of quarantined areas, APHIS
will publish a notice in the Federal Register informing the public that
the change has occurred and describing the change to the quarantined
areas. Less than an entire State will be designated as a quarantined
area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are equivalent to
those imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than the entire State as a quarantined
area will 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 regulation 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.
Sec. 301.55-4 [Amended]
0
33. Section 301.55-4 is amended in the introductory text by
redesignating footnote 3 as footnote 1.
Sec. 301.55-5 [Amended]
0
34. Section 301.55-5 is amended in paragraph (a) by redesignating
footnote 4 as footnote 1.
Sec. 301.55-6 [Amended]
0
35. Section 301.55-6 is amended by redesignating footnote 5 as footnote
1.
0
36. Section 301.55-7 is amended in paragraph (a) by redesignating
footnote 6 as footnote 1 and revising newly designated footnote 1 to
read as follows:
Sec. 301.55-7 Assembly and inspection of regulated articles.
* * * * *
\1\ See footnote 1 in Sec. 301.55-5.
0
37. Section 301.74-1 is amended as follows:
0
a. In the definition for ``Departmental permit'', by removing the words
``of this subpart'':
0
b. By revising the definition for ``Quarantined area''; and
0
c. By revising the definition for ``Regulated article''.
The revisions read as follows:
Sec. 301.74-1 Definitions.
* * * * *
Quarantined area. Any State, or any portion of a State, listed in
accordance with Sec. 301.74-3(a) or otherwise designated as a
quarantined area in accordance with Sec. 301.74-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.74-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.74-2(a)(1)-(2), or otherwise
designated in accordance with Sec. 301.74-2(b), based on its
susceptibility to the form or strain of plum pox detected in the
quarantined area.
* * * * *
0
38. Sections 301.74-2 and 301.74-3 are revised to read as follows:
Sec. 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
[[Page 35913]]
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox</a>. Lists of all regulated
articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(1) If the Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox</a> presents a risk of
spreading plum pox, APHIS will publish a notice in the Federal Register
proposing to designate the article as a regulated article for plum pox.
The notice will provide the basis for this determination, and will
request public comment.
(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 designating the article as a
regulated article for plum pox and listing it.
(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 the regulations.
Sec. 301.74-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area 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 <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plum-pox/plumpox</a>. The list will include the date that the list
was last updated. Lists of all quarantined areas may also be obtained
by request from any local PPQ office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made
to the list of quarantined areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the quarantined areas. Less than an entire
State will be designated as a quarantined area only if the
Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a quarantined
area will be adequate to prevent the interstate spread of plum pox.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
paragraph (a) of this section. The Administrator will give a copy of
this regulation along with a written notice for the temporary
designation to the owner or person in possession of the nonquarantined
area. Thereafter, the interstate movement of any regulated article from
an area temporarily designated as a quarantined area will be subject to
this subpart. As soon as practicable, this area will be added to the
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.
Sec. 301.74-4 [Amended]
0
39. Section 301.74-4 is amended in the introductory text by
redesignating footnote 2 as footnote 1.
0
40. Section 301.75-1 is amended as follows:
0
a. In the definitions for ``Commercial citrus-producing area'' and
``Quarantined area'', by removing the words ``of this subpart''; and
0
b. By revising the definition for ``Regulated article''.
The revision reads as follows:
Sec. 301.75-1 Definitions.
* * * * *
Regulated article. Any article identified as a regulated article
under Sec. 301.75-3 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.75-3(b), or otherwise
designated in accordance with Sec. 301.75-3(c).
* * * * *
0
41. Sections 301.75-3 and 301.75-4 are revised to read as follows:
Sec. 301.75-3 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spread of citrus canker. A list
of all such regulated articles is found on the internet at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker</a>. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker</a> presents a
risk of spread of citrus canker, APHIS will publish a notice in the
Federal Register proposing to designate the article as a regulated
article for citrus canker. The notice will provide the basis for this
determination, and will request public comment.
(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 designating the article as a
regulated article for citrus canker and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article, if the inspector determines that it presents a risk
of spread of citrus canker and the person in possession thereof has
actual notice that the product, article, or means of conveyance is
subject to the provisions of this subpart.
Sec. 301.75-4 Quarantined areas.
(a) Quarantined areas. The Administrator will list as a quarantined
area each State or portion of a State in which an infestation of citrus
canker is found. The Administrator will publish a list of all
quarantined areas (the quarantine list) on the PPQ website at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-canker</a>. The list will include
the date that the list was last updated. Lists of all quarantined areas
may also be obtained by request from any local PPQ office; local
offices are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of quarantined areas, APHIS
[[Page 35914]]
will publish a notice in the Federal Register informing the public that
the change has occurred and describing the change to the quarantined
areas. Less than an entire State will be designated as a quarantined
area only if the Administrator determines that:
(1) Survey. No area has been designated a survey area.
(2) Intrastate movement of regulated articles. The State enforces
restrictions on the intrastate movement of regulated articles from the
quarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the quarantined area,
except as follows:
(i) Regulated fruit may be moved intrastate from a quarantined area
for processing into a product other than fresh fruit if all of the
following conditions are met:
(A) The regulated fruit is accompanied by a document that states
the location of the grove in which the regulated fruit was produced,
the variety and quantity of regulated fruit being moved intrastate, the
address to which the regulated fruit will be delivered for processing,
and the date the intrastate movement began,
(B) The regulated fruit and any leaves and litter are completely
covered, or enclosed in containers or in a compartment of a vehicle,
during the intrastate movement,
(C) The vehicles, covers, and any containers used to carry the
regulated fruit intrastate are treated in accordance with 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. (i) In the quarantined area, every regulated plant
and regulated tree, except indoor houseplants and regulated plants and
regulated trees at nurseries, is inspected for citrus canker at least
once a year, between May 1 through December 31, by an inspector.
(ii) In the quarantined area, every regulated plant and regulated
tree at every nursery containing regulated plants or regulated trees is
inspected for citrus canker by an inspector at intervals of no more
than 45 days.
(4) Treatment of personnel, vehicles, and equipment. In the
quarantined area, all vehicles, equipment, and other articles used in
providing inspection, maintenance, harvesting, or related services in
any grove containing regulated plants or regulated trees, or in
providing landscaping or lawn care services on any premises containing
regulated plants or regulated trees, must be treated in accordance with
part 305 of this chapter upon leaving the grove or premises. All
personnel who enter the grove or premises to provide these services
must be treated in accordance with part 305 of this chapter upon
leaving the grove or premises.
(5) Destruction of infected plants and trees. No more than 7 days
after a State or Federal laboratory confirms that a regulated plant or
regulated tree is infected, the State must provide written notice to
the owner of the infected plant or infected tree that the infected
plant or infected tree must be destroyed. The owner must have the
infected plant or infected tree destroyed within 45 days after
receiving the written notice.
(b) Designation change. The Administrator may designate any non-
quarantined area as a quarantined area in accordance with paragraph (a)
of this section upon giving written notice of this designation to the
owner or persons in possession of the non-quarantined area. Thereafter,
regulated articles may be moved interstate from that area only in
accordance with this subpart. As soon as practicable, this area will be
added to the quarantine list, or the Administrator will terminate the
designation. The owner or person in possession of an area for which
designation is terminated will be given written notice as soon as
practicable.
(c) Removal of areas from quarantine. An area on the quarantine
list will be removed from quarantine if the area has been without
infestation for 2 years. The list will be changed, and the public
informed of this change, in accordance with the process specified in
paragraph (a) of this section.
Sec. 301.75-8 [Amended]
0
42. Section 301.75-8 is amended in paragraph (c) by removing the words
``of this subpart''.
[[Page 35915]]
Sec. 301.75-10 [Amended]
0
43. Section 301.75-10 is amended in paragraph (b) by removing the words
``of this subpart''.
0
44. Section 301.76-1 is amended by revising the definition for
``Regulated article'' to read as follows:
Sec. 301.76-1 Definitions.
* * * * *
Regulated article. Any article identified as a regulated article
under Sec. 301.76-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.76-2(b), or otherwise
designated in accordance with Sec. 301.76-2(c).
* * * * *
0
45. Section 301.76-2 is revised to read as follows:
Sec. 301.76-2 Regulated articles for Asian citrus psyllid and citrus
greening.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading Asian citrus psyllid
and/or citrus greening. A list of all such regulated articles is
located at <a href="http://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/acp</a> and
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greening</a>, respectively. The
list indicates whether the article is a regulated article for both
citrus greening and Asian citrus psyllid, or just one of these two
pests. Lists of all regulated articles may also be obtained by request
from any local Plant Protection and Quarantine office; local offices
are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at <a href="http://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/acp</a> and/or
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greening</a> presents a risk of
spreading Asian citrus psyllid and/or citrus greening, APHIS will
publish a notice in the Federal Register proposing to designate the
article as a regulated article for either or both of these pests. The
notice will provide the basis for this determination, and will request
public comment.
(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 designating the article as a
regulated article and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article for Asian citrus psyllid and/or citrus greening, if
the inspector determines that it presents a risk of spreading these
pests, and 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.
(d) Exemption after certain methods of processing. The
Administrator may determine that certain methods of processing render
regulated articles such that they no longer present a risk of spreading
Asian citrus psyllid or citrus greening. Such methods are found at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus">www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus</a>. Articles processed in such a manner
are exempt from the regulations in this subpart.
Sec. 301.76-5 [Amended]
0
46. Section 301.76-5 is amended as follows:
0
a. In paragraph (a)(1), by redesignating footnote 2 as footnote 1; and
0
b. In paragraph (e), by removing the words ``of this subpart''.
Sec. 301.76-6 [Amended]
0
47. Section 301.76-6 is amended as follows:
0
a. In paragraph (a)(1), by removing ``7 CFR'' and redesignating
footnote 3 as footnote 1;
0
b. In paragraph (b)(1), by redesignating footnote 4 as footnote 2;
0
c. In paragraph (c)(2)(i), by removing the citation ``paragraphs
(c)(1)(i) through (c)(1)(iv)'' and adding the citation ``paragraphs
(c)(1)(i) through (iv)'' in its place;
0
d. In paragraph (d) introductory text, by redesignating footnote 5 as
footnote 3; and
0
e. In paragraphs (d)(1) and (2), by removing ``7 CFR''.
Sec. 301.76-7 [Amended]
0
48. Section 301.76-7 is amended as follows:
0
a. In paragraph (a)(1), by redesignating footnote 6 as footnote 1; and
0
b. In paragraph (b)(1), by removing ``7 CFR''.
Sec. 301.76-8 [Amended]
0
49. Section 301.76-8 is amended in paragraph (a) by redesignating
footnote 7 as footnote 1.
Sec. 301.76-9 [Amended]
0
50. Section 301.76-9 is amended by redesignating footnote 8 as footnote
1.
0
51. Section 301.80 is revised to read as follows:
Sec. 301.80 Quarantine; restriction on interstate movement of
specified regulated articles.
(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture quarantines the States of North
Carolina and South Carolina in order to prevent the spread of witchweed
(Striga spp.), a parasitic plant that causes a dangerous disease of
corn, sorghum, and other crops of the grass family and is not widely
prevalent or distributed within and throughout the United States.
Through the aforementioned authorities, the Secretary imposes a
quarantine on the States of North Carolina and South Carolina with
respect to the interstate movement from those States of regulated
articles, issues regulations in this subpart governing the movement of
such articles, and gives notice of this quarantine action.
(b) Quarantine restrictions on the interstate movement of regulated
articles. No common carrier or other person shall move interstate from
any quarantined State any regulated articles, except in accordance with
the conditions prescribed in this subpart.
(c) List of regulated articles. The Deputy Administrator has
determined that certain articles present a hazard of spread of
witchweed. A list of all such regulated articles is found on the
internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program</a>. Lists of all regulated articles may also be
obtained by request from any local Plant Protection and Quarantine
(PPQ) office; local offices are listed in telephone directories and on
the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(d) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program</a>
presents a hazard of spread of witchweed, APHIS will publish a notice
in the Federal Register proposing to designate the article as a
regulated article for witchweed. The notice will
[[Page 35916]]
provide the basis for this determination, and will request public
comment.
(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 designating the article
as a regulated article for witchweed and listing it.
(e) Immediate designation of regulated articles. An inspector may
designate any other article, product, or means of conveyance as a
regulated article, if the inspector determines that it presents a
hazard of spread of witchweed, and after the person in possession of
the article has been so notified.
0
52. Section 301.80-1 is amended by revising the definitions for
``Regulated area'', ``Regulated articles'', and ``Suppressive area'' to
read as follows:
Sec. 301.80-1 Definitions.
* * * * *
Regulated area. Any quarantined State, or any portion thereof,
designated as a regulated area in accordance with Sec. 301.80-2.
Regulated articles. Any article identified as a regulated article
under Sec. 301.80 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.80(d), or otherwise
designated in accordance with Sec. 301.80(e).
* * * * *
Suppressive area. That portion of a regulated area where
eradication of infestation is undertaken as an objective.
* * * * *
0
53. Section 301.80-2 is revised to read as follows:
Sec. 301.80-2 Authorization to designate, and terminate designation
of, regulated areas and suppressive or generally infested areas; and to
exempt articles from certification, permit, or other requirements.
(a) List of regulated areas and suppressive or generally infested
areas. The Deputy Administrator will list as a regulated area each
quarantined State, or portion of a State, in which witchweed has been
found or in which there is reason to believe that witchweed is present
or which it is deemed necessary to regulate because of its proximity to
infestation or its inseparability for quarantine enforcement purposes
from infested localities. The Deputy Administrator may divide any
regulated area into a suppressive area and generally infested area in
accordance with definitions of these terms in Sec. 301.80-1. The
Deputy Administrator will publish a list of all regulated areas (the
regulated areas list) on the PPQ website at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program</a>. The list will include the
date that the list was last updated. Lists of all regulated areas may
also be obtained by request from any local PPQ office; local offices
are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of regulated areas, APHIS will
publish a notice in the Federal Register informing the public that the
change has occurred and describing the change to the regulated areas.
Less than an entire quarantined State will be designated as a regulated
area only if the Deputy Administrator determines that:
(1) The State has adopted and is enforcing a quarantine which
imposes restrictions on the intrastate movement of the regulated
articles which are substantially the same as those which are imposed
with respect to the interstate movement of such articles under this
subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the interstate spread of
witchweed.
(b) Temporary designation of regulated areas and suppressive or
generally infested areas. The Deputy Administrator or an authorized
inspector may temporarily designate any other premises in a quarantined
State as a regulated area and may designate the regulated area or
portions thereof as a suppressive or generally infested area, in
accordance with the criteria specified in paragraph (a) of this section
for designating such area, by serving written notice thereof on the
owner or person in possession of such premises, and thereafter the
interstate movement of regulated articles from such premises by any
person having notice of the designation shall be subject to the
applicable provisions of this subpart. As soon as practicable, such
premises shall be added to the regulated areas list.
(c) Termination of designation as a regulated area and a
suppressive or generally infested area. The Deputy Administrator shall
terminate the designation provided for under paragraph (a) of this
section of any area designated as a regulated area, or a suppressive or
a generally infested area within a regulated area, when the Deputy
Administrator determines that such designation is no longer required
under the criteria specified in paragraph (a) of this section.
Notification of this change in the list of regulated areas, or
suppressive or generally infested areas within a regulated area, will
be made in accordance with the process set forth in paragraph (a) of
this section. The Deputy Administrator or an inspector shall terminate
the designation provided for under paragraph (b) of this section of any
premises designated as a regulated area or a suppressive or a generally
infested area when the Deputy Administrator determines that such
designation is no longer required under the criteria specified in
paragraph (a) of this section, and notice thereof shall be given to the
owner or person in possession of the premises.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may determine that a regulated
article has been produced, processed, cleaned, or otherwise handled in
a manner that is sufficient to allow the article to move interstate
without hazard of spread of witchweed, provided that the article is not
exposed to infestation after production, processing, cleaning, or other
handling. The Deputy Administrator may also determine that a regulated
article's intended use is such that it may be moved interstate without
hazard of spread of witchweed. Such articles are exempt from the
restrictions of this subpart. The list of regulated articles at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/SA_Weeds/SA_Noxious_Weeds_Program</a> is
annotated to indicate these exemptions.
Sec. 301.80-2a [Removed and Reserved]
0
54. Section 301.80-2a is removed and reserved.
Sec. 301.80-2b [Removed and Reserved]
0
55. Section 301.80-2b is removed and reserved.
0
56. Section 301.80-3 is amended as follows:
0
a. In the section heading, by redesignating footnote 3 as footnote 1;
0
b. In paragraph (a)(2)(i), by removing the words ``Sec. 301.80-2b
which exempts'' and adding the words ``Sec. 301.80-2 which exempt'' in
their place;
0
c. In paragraph (a)(3)(ii)(A), by removing the citation ``Sec. 301.80-
2b'' and adding the citation ``Sec. 301.80-2'' in its place; and
0
d. In paragraph (b), by removing the words ``and so listed by him in a
supplemental regulation'' in the first sentence, redesignating footnote
4 as footnote 2, revising newly designated footnote 2, and removing
footnote 5.
The revision reads as follows:
[[Page 35917]]
Sec. 301.80-3 Conditions governing the interstate movement of
regulated articles from quarantined States.<SUP>1</SUP>
* * * * *
\1\ Requirements under all other applicable Federal domestic
plant quarantines must also be met.
\2\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be
found at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD</a>.
0
57. Sections 301.81-2 and 301.81-3 are revised to read as follows:
Sec. 301.81-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spread of the imported fire
ant. A list of all such articles is found on the internet at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants</a>.
Lists of all regulated articles may also be obtained by request from
any local Plant Protection and Quarantine (PPQ) office; local offices
are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants</a> presents a risk of spread of the imported fire
ant, APHIS will publish a notice in the Federal Register proposing to
designate the article as a regulated article for imported fire ant. The
notice will provide the basis for this determination, and will request
public comment.
(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 designating the article as a
regulated article for the imported fire ant and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other article or means of conveyance as a regulated
article if the inspector determines that it presents a risk of spread
of the imported fire ant due to its proximity to an infestation of the
imported fire ant, and after the inspector provides notification to the
person in possession of the article or means of conveyance that it is
now regulated under this subpart.
Sec. 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 <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/imported-fire-ants/ct_imported_fire_ants</a>. The list will
include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directories and on the
internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of quarantined areas,
APHIS will publish a notice in the Federal Register informing the
public that the change has occurred and describing the change to the
quarantined areas. Less than an entire State will be designated as a
quarantined area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are equivalent to
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.
0
58. Section 301.81-4 is amended as follows:
0
a. In paragraph (a)(1), by removing the words ``of this subpart''; and
0
b. In paragraph (a)(3), by redesignating footnote 3 as footnote 1 and
revising newly redesignated footnote 1.
The revision reads as follows:
Sec. 301.81-4 Interstate movement of regulated articles from
quarantined areas.
* * * * *
\1\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be
found at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD</a>.
Sec. 301.81-5 [Amended]
0
59. Section 301.81-5 is amended as follows:
0
a. In paragraph (a) introductory text, by redesignating footnote 4 as
footnote 1;
0
b. In paragraph (a)(2), by redesignating footnote 5 as footnote 2; and
0
c. In paragraph (c), by removing the words ``of this subpart'' in the
first sentence.
Sec. 301.81-6 [Amended]
0
60. Section 301.81-6 is amended by redesignating footnote 6 as footnote
1.
0
61. Section 301.81-8 is amended in paragraph (a) by redesignating
footnote 7 as footnote 1 and revising newly redesignated footnote 1 as
follows:
Sec. 301.81-8 Assembly and inspection of regulated articles.
* * * * *
\1\ See footnote 1 of Sec. 301.81-5(a).
0
62. Section 301.85 is revised to read as follows:
Sec. 301.85 Quarantine; restriction on interstate movement of
specified regulated articles.
(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture quarantines the State of New
York in order to prevent the spread of the golden nematode
[[Page 35918]]
(Globodera rostochiensis), which causes a dangerous disease of potatoes
and certain other plants and is not widely prevalent or distributed
within and throughout the United States. Through the aforementioned
authorities, the Secretary imposes a quarantine on the State of New
York with respect to the interstate movement from that State of
regulated articles, issues regulations in this subpart governing the
movement of such articles, and gives notice of this quarantine action.
(b) Quarantine restrictions on the interstate movement of regulated
articles. No common carrier or other person shall move interstate from
any quarantined State any regulated articles, except in accordance with
the conditions prescribed in this subpart.
(c) List of regulated articles. The Deputy Administrator has
determined that certain articles present a hazard of spread of golden
nematodes. A list of all such regulated articles is found on the
internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes</a>.
Lists of all regulated articles may also be obtained by request from
any local PPQ office; local offices are listed in telephone directories
and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(d) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes</a> presents
a hazard of spread of golden nematodes, APHIS will publish a notice in
the Federal Register proposing to designate the article as a regulated
article for golden nematode. The notice will provide the basis for this
determination, and will request public comment.
(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 designating the article
as a regulated article for golden nematode and listing it.
(e) Immediate designation of regulated articles. An inspector may
designate any other article, product, or means of conveyance as a
regulated article, if the inspector determines that it presents a
hazard of spread of golden nematodes, and after the person in
possession of the article has been so notified.
0
63. Section 301.85-1 is amended by revising the definitions for
``Generally infested area'', ``Regulated area'', ``Regulated article'',
and ``Suppressive area'' as follows:
Sec. 301.85-1 Definitions.
* * * * *
Generally infested area. Any part of a regulated area not
designated as a suppressive area.
* * * * *
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in accordance with Sec. 301.85-2.
Regulated article. Any article identified as a regulated article
under Sec. 301.85 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.85(d), or otherwise
designated in accordance with Sec. 301.85(e).
* * * * *
Suppressive area. That portion of a regulated area where
eradication of infestation is undertaken as an objective.
0
64. Section 301.85-2 is revised to read as follows:
Sec. 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. The Deputy
Administrator will list as a regulated area each State or portion of a
State in which golden nematode has been determined to be found or in
which there is reason to believe that golden nematode is present, or
which it is deemed necessary to regulate because of their proximity to
infestation or their inseparability for quarantine enforcement purposes
from infested localities. The Deputy Administrator may divide any
regulated area into a suppressive area and a generally infested area in
accordance with the definitions of these terms in Sec. 301.85-1. The
Deputy Administrator will publish a list of all regulated areas,
including the suppressive and generally infested areas therein, at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes</a>. The list will
include the date that the list was last updated. Lists of all regulated
areas, including the suppressive and generally infested areas therein,
may also be obtained by request from any local Plant Protection and
Quarantine office; local offices are listed in telephone directories
and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of
regulated areas, APHIS will publish a notice in the Federal Register
informing the public that the change has occurred and describing the
change to the regulated areas. Less than an entire State will be
designated as a regulated area only if the Deputy Administrator
determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a 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. The Deputy Administrator or an authorized
inspector may temporarily designate any other premises in a quarantined
State as a regulated area and a suppressive or generally infested area,
in accordance with the criteria specified in paragraph (a) of this
section for listing such area, by serving written notice thereof on the
owner or person in possession of such premises, and thereafter the
interstate movement of regulated articles from such premises by any
person having notice of the designation shall be subject to the
applicable provisions of this subpart. As soon as practicable, such
premises shall be added to the list of regulated areas if a basis then
exists for their designation; otherwise the designation shall be
terminated by the Deputy Administrator or an authorized inspector and
notice thereof shall be given to the owner or person in possession of
the premises.
(c) Termination of designation as a regulated area and a
suppressive or generally infested area. The Deputy Administrator shall
terminate the designation provided for under paragraph (a) of this
section of any area listed as a regulated area and suppressive or
generally infested area when he or she determines that such designation
is no longer required under the criteria specified in paragraph (a) of
this section.
(d) Exemption of articles from certification, permit, or other
requirements. The Deputy Administrator may determine that a regulated
article has been produced, processed, cleaned, or otherwise handled in
a manner that is sufficient to allow the article to move interstate
without hazard of spread of golden nematodes, provided that the article
is not exposed to infestation after production, processing, cleaning,
or other handling. The Deputy
[[Page 35919]]
Administrator may also determine that a regulated article's intended
use is such that it may be moved interstate without hazard of spread of
golden nematodes. Such articles are exempt from the restrictions of
this subpart. The list of regulated articles at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/golden-nematode/nematodes</a> is annotated to indicate these
exemptions.
Sec. 301.85-2a [Removed and Reserved]
0
65. Section 301.85-2a is removed and reserved.
Sec. 301.85-2b [Removed and Reserved]
0
66. Section 301.85-2b is removed and reserved.
0
67. Section 301.85-3 is amended as follows:
0
a. In the section heading, by redesignating footnote 2 as footnote 1;
0
b. In paragraph (a)(2)(i), by removing the citation ``Sec. 301.85-2b''
and adding the citation ``Sec. 301.85-2(d)'' in its place;
0
c. By revising paragraph (a)(3)(ii); and
0
d. In paragraph (b), by removing the words ``and so listed by him in a
supplemental regulation'' in the first sentence, redesignating footnote
3 as footnote 2, revising newly redesignated footnote 2, and removing
footnote 4;
The revisions read as follows:
Sec. 301.85-3 Conditions governing the interstate movement of
regulated articles from quarantined States.<SUP>1</SUP>
(a) * * *
(3) * * *
(ii) Without a certificate or permit, if:
(A) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.85-2(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.
* * * * *
\1\ Requirements under all other applicable Federal domestic
plant quarantines must also be met.
\2\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be
found at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/CT_SPHD</a>.
Sec. 301.86-2 [Amended]
0
68. Section 301.86-2 is amended in paragraph (a) by redesignating
footnote 2 as footnote 1.
0
69. Section 301.86-5 is amended as follows:
0
a. In paragraph (a), by redesignating footnote 3 as footnote 1;
0
b. In paragraph (a)(1), by redesignating footnote 4 as footnote 2; and
0
c. In paragraph (b)(1), by redesignating footnote 5 as footnote 3 and
revising newly redesignated footnote 3.
The revision reads as follows:
Sec. 301.86-5 Issuance and cancellation of certificates and limited
permits.
* * * * *
\3\ See footnote 1 of this section.
Sec. 301.86-6 [Amended]
0
70. Section 301.86-6 is amended in paragraph (a) by redesignating
footnote 6 as footnote 1.
0
71. Section 301.86-7 is amended in paragraph (a) by redesignating
footnote 7 as footnote 1 and revising newly redesignated footnote 1 to
read as follows:
Sec. 301.86-7 Assembly and inspection of regulated articles.
* * * * *
\1\ See footnote 1 in Sec. 301.86-5.
0
72. Section 301.87 is amended by revising paragraph (a) to read as
follows:
Sec. 301.87 Quarantine; restrictions on interstate movement of
specified articles.<SUP>1 2</SUP>
(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture establishes quarantines within
the United States to prevent the artificial spread of leaf scald
disease and gummosis disease. The regulations in this subpart govern
the interstate movement from regulated areas of regulated articles.
* * * * *
\1\ Any inspector is authorized to stop and inspect persons and
means of conveyance, and to hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise dispose of plants,
plant pests, or other articles in accordance with sections 414, 421,
and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
\2\ Regulations concerning the movement of gummosis bacteria and
leaf scald bacteria in commerce are contained in part 330 of this
chapter.
0
73. Section 301.87-1 is amended as follows:
0
a. In the definitions for ``Certificate'' and ``Limited permit'', by
removing the words ``of this subpart''; and
0
b. By revising the definitions for ``Regulated area'' and ``Regulated
article''.
The revisions read as follows:
Sec. 301.87-1 Definitions.
* * * * *
Regulated area. Any quarantined State, or any portion thereof,
listed as a regulated area in accordance with Sec. 301.87-3, or
otherwise designated as a regulated area in accordance with Sec.
301.87-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.87-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.87-2(b), or otherwise
designated in accordance with Sec. 301.87-2(c).
* * * * *
0
74. Sections 301.87-2 and 301.87-3 are revised to read as follows:
Sec. 301.87-2 Regulated articles.
(a) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spread of sugarcane
diseases. A list of all such articles is found on the internet at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane</a>. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane</a> presents a
risk of spread of sugarcane diseases, APHIS will publish a notice in
the Federal Register proposing to designate the article as a regulated
article for sugarcane diseases. The notice will provide the basis for
this determination, and will request public comment.
(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 designating the article
as a regulated article for sugarcane diseases and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis if an inspector determines that it presents a risk
of spread of sugarcane diseases and provides actual notification to the
person in possession of the article, product, or means of conveyance
that it is now subject to the restrictions of this subpart.
[[Page 35920]]
Sec. 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
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/sugarcane</a>. The list will
include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directors and on the
internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of regulated areas,
APHIS will publish a notice in the Federal Register informing the
public that the change has occurred and describing the change to
regulated areas. Less than an entire State will be designated as a
regulated area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are 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.
Sec. 301.87-4 [Amended]
0
75. Section 301.87-4 is amended as follows:
0
a. In the section heading, by redesignating footnote 3 as footnote 1;
and
0
b. In paragraph (a), by removing the words ``of this subpart''.
Sec. 301.87-5 [Amended]
0
76. Section 301.87-5 is amended as follows:
0
a. In paragraph (a)(1)(i), by redesignating footnote 4 as footnote 1;
0
b. In paragraph (a)(1)(ii) by redesignating footnote 5 as footnote 2;
0
c. In paragraph, (a)(2), by redesignating footnote 6 as footnote 3; and
0
d. In paragraph (c), by removing the words ``of this subpart'' in the
second sentence.
Sec. 301.87-6 [Amended]
0
77. Section 301.87-6 is amended in paragraph (a) by redesignating
footnote 7 as footnote 1.
Sec. 301.87-7 [Amended]
0
78. Section 301.87-7 is amended in paragraph (a) by removing the words
``of this subpart'', and redesignating footnote 8 as footnote 1.
0
79. Sections 301.89-2 and 301.89-3 are revised to read as follows:
Sec. 301.89-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading Karnal bunt. A list
of all such articles is found on the internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt</a>. Lists of all regulated articles
may also be obtained by request from any local Plant Protection and
Quarantine (PPQ) office; local offices are listed in telephone
directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
presents a risk of spreading Karnal bunt, APHIS will publish a notice
in the Federal Register proposing to designate the article as a
regulated article for Karnal bunt. The notice will provide the basis
for this determination, and will request public comment.
(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 designating the article as a
regulated article for Karnal bunt and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis if an inspector determines that it presents a risk
of spreading Karnal bunt, and notifies the person in possession of the
article, product, or means of conveyance that it is now subject to the
restrictions of this subpart.
Sec. 301.89-3 Regulated areas.
(a) Designation. Except as otherwise provided in paragraph (b) of
this section, the Administrator will list as a regulated area each
State or portion of a State if it is determined to be infected with
Karnal bunt or if it is in proximity to an infestation or inseparable
from the infected locality for regulatory purposes based on the
following: Projections of the spread of Karnal bunt along the periphery
of the infestation, the availability of natural habitats and host
materials within the noninfected acreage that are suitable for
establishment and survival of Karnal bunt, and the necessity of
including uninfected acreage within the regulated area in order to
establish readily identifiable boundaries. The Administrator will
publish a list of all regulated areas (the regulated areas list) on the
PPQ website at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/karnal-bunt/ct_karnal_bunt</a>. The list will include the date that the list was last
updated. Lists of all regulated areas may also be obtained by request
from any local PPQ office; local offices are listed in telephone
directors and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the
list of regulated areas, APHIS will publish a notice in the Federal
Register informing the public that the change has occurred and
describing the change to regulated areas.
(b) Designation of less than an entire State as a regulated area.
Less than an entire State will be designated as a regulated area only
if the Administrator:
(1)(i) Determines that the State has adopted and is enforcing
restrictions on the intrastate movement of the regulated articles 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
[[Page 35921]]
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. The Administrator or
an inspector may temporarily designate any nonregulated area as a
regulated area in accordance with the criteria specified in paragraph
(a) or (b) of this section. The Administrator will give written notice
of this designation to the owner or person in possession of the
nonregulated area, or, in the case of publicly owned land, to the
person responsible for the management of the nonregulated area.
Thereafter, the movement of any regulated article from an area
temporarily designated as a regulated area is subject to this subpart.
As soon as practicable, this area either will be added to the regulated
areas 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.
(d) Regulated fields. The Administrator will classify a field or
area as a regulated area when:
(1) It is a field planted with seed from a lot found to contain a
bunted wheat kernel; or
(2) It is a distinct definable area that contains at least one
field that was found during survey to contain a bunted wheat kernel
(the distinct definable area may include an area where Karnal bunt is
not known to exist but where intensive surveys are required because of
the area's proximity to a field found during survey to contain a bunted
kernel); or
(3) It is a distinct definable area that contains at least one
field that has been determined to be associated with grain at a
handling facility containing a bunted kernel of a host crop (the
distinct definable area may include an area where Karnal bunt is not
known to exist but where intensive surveys are required because of the
area's proximity to the field associated with the bunted kernel at the
handling facility).
(e) Release from regulation. A field known to have been infected
with Karnal bunt, as well as any non-infected acreage surrounding the
field, will be released from regulation if:
(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.
Sec. 301.89-7 [Amended]
0
80. Section 301.89-7 is amended by redesignating footnote 3 as footnote
1.
0
81. Secton 301.89-9 is amended in paragraph (a) by redesignating
footnote 4 as footnote 1 and revising newly redesignated footnote 1 to
read as follows:
Sec. 301.89-9 Assembly and inspection of regulated articles.
* * * * *
\1\ See footnote 1 in Sec. 301.89-6.
0
82. Section 301.91 is amended by revising paragraph (a) to read as
follows:
Sec. 301.91 Quarantine and regulations; restrictions on interstate
movement of regulated articles.<SUP>1</SUP>
(a) Notice of quarantine. Under the authority of sections 411, 412,
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714,
and 7754), the Secretary of Agriculture establishes a quarantine within
the United States to prevent the artificial spread of European larch
canker (Lachnellula willkommi (Dasycypha)). The regulations in this
subpart govern the interstate movement from regulated areas of
regulated articles.
* * * * *
\1\Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise
dispose of regulated articles as provided in sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
0
83. Section 301.91-1 is amended by revising the definitions for
``Regulated area'' and ``Regulated article'' to read as follows:
Sec. 301.91-1 Definitions.
* * * * *
Regulated area. Any State, or any portion thereof, listed in
accordance with Sec. 301.91-3.
Regulated article. Any article identified as a regulated article
under Sec. 301.91-2 as follows: listed as of [EFFECTIVE DATE OF FINAL
RULE], added in accordance with Sec. 301.91-2(b), or otherwise
designated in accordance with Sec. 301.91-2(c).
* * * * *
0
84. Sections 301.91-2 and 301.91-3 are revised to read as follows:
Sec. 301.91-2 Regulated articles.
(a) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spreading European
larch canker. A list of all such regulated articles is found on the
internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker</a>. Lists of all regulated articles may also be obtained by
request from any local Plant Protection and Quarantine (PPQ) office;
local offices are listed in telephone directories and on the internet
at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>.
(b) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker</a> presents a risk of spreading European larch canker, APHIS will
publish a notice in the Federal Register proposing to designate the
article as a regulated article for European larch canker. The notice
will provide the basis for this determination, and will request public
comment.
(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 designating the article
as a regulated article for European larch canker and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article for European larch canker, if the inspector
determines that it presents a risk of spreading European larch canker,
and after the inspector provides actual notification to the person in
possession of the product, article, or means of conveyance that it is
subject to the restrictions of this subpart.
Sec. 301.91-3 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
[[Page 35922]]
a list of all regulated areas (the regulated areas list) on the PPQ
website at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/plant-disease/elc/european-larch-canker</a>. The list will include the date that the list was last
updated. Lists of all regulated areas may also be obtained by request
from any local PPQ office; local offices are listed in telephone
directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the
list of regulated areas, APHIS will publish a notice in the Federal
Register informing the public that the change has occurred and
describing the change to the regulated areas. Less than an entire
quarantined State will be designated as a regulated area only if the
Deputy Administrator determines that:
(1) The State has adopted and is enforcing a quarantine or
regulation which imposes restrictions on the intrastate movement of the
regulated articles which are substantially the same as those which are
imposed with respect to the interstate movement of such articles under
this subpart; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of 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 regulation
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.
Sec. 301.91-4 [Amended]
0
85. Section 301.91-4 is amended as follows:
0
a. In the section heading, by redesignating footnote 2 as footnote 1;
and
0
b. In paragraph (a), by removing the words ``of this subpart''.
Sec. 301.91-5 [Amended]
0
86. Section 301.91-5 is amended in paragraph (b)(2) by redesignating
footnote 3 as footnote 1.
Sec. 301.91-6 [Amended]
0
87. Section 301.91-6 is amended in paragraph (a) by redesignating
footnote 4 as footnote 1.
Sec. 301.91-7 [Amended]
0
88. Section 301.91-7 is amended in paragraph (a) by redesignating
footnote 5 as footnote 1.
0
89. Section 301.92-1 is amended as follows:
0
a. In the definition for ``Non-host nursery stock'', by adding the
words ``accordance with'' after the word ``in'';
0
b. In the definition of ``Nursery stock'', by redesignating footnote 2
as footnote 1 and revising the newly redesignated footnote 1;
0
c. By revising the definition for ``Quarantined area''; and
0
d. In the definitions for ``Regulated article'' and ``Restricted
article'', by removing the words ``of this subpart''.
The revisions read as follows:
Sec. 301.92-1 Definitions.
* * * * *
Quarantined area. Any State, or any portion of a State, designated
as a quarantined area in accordance with Sec. 301.92-3.
* * * * *
\1\ Bulbs, tubers, corms, or rhizomes are only considered
nursery stock (and therefore, regulated under this subpart) if they
are of plant taxa listed in accordance with Sec. 301.92-2 as
regulated articles or associated articles.
0
90. Section 301.92-2 is amended as follows:
0
a. In paragraph (a)(1), by adding the words ``accordance with'' after
the words ``listed in'' and removing footnote 3;
0
b. In paragraph (a)(2), by adding the words ``accordance with'' after
the words ``listed in'';
0
c. In paragraph (b)(1), by adding the words ``accordance with'' after
the words ``listed in'' and removing footnote 4;
0
d. In paragraph (c), by adding the words ``accordance with'' after the
words ``listed in''; and
0
e. By revising paragraphs (d) and (e).
The revisions read as follows:
Sec. 301.92-2 Restricted, regulated, and associated articles; lists
of proven hosts and associated plant taxa.
* * * * *
(d) Proven host plant taxa. The Administrator has determined that
certain taxa of plants are proven hosts of Phytophthora ramorum. A list
of all such proven host taxa is located on the internet at
<a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod</a>. Lists of all
proven host taxa may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at <a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. If the Administrator
determines that a taxon not already listed at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod</a> is a proven host of Phytophthora
ramorum, APHIS will publish a notice in the Federal Register proposing
to designate the taxon as a proven host of Phytophthora ramorum. The
notice will provide the basis for this determination, and will request
public comment. 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 designating the taxon
as a proven host of Phytophthora ramorum and listing it.
(e) Associated plant taxa. The Administrator has determined that
certain plant taxa are associated with Phytophthora ramorum. A list of
all such taxa is located on the internet at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod</a>. Lists of all associated taxa may
also be obtained by request from any local PPQ office; local offices
are listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. If the Administrator determines that a taxon not already listed
at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod</a> is
associated with Phytophthora ramorum, APHIS will publish a notice in
the Federal Register proposing to designate the taxon as associated
with Phytophthora ramorum. The notice will provide the basis for this
determination, and will request public comment. If no comments are
received on the notice, or
[[Page 35923]]
if the comments do not change the Administrator's determination, APHIS
will publish a second notice in the Federal Register designating the
taxon as associated with Phytophthora ramorum and listing it.
0
91. Section 301.92-3 is amended by revising paragraph (a) to read as
follows:
Sec. 301.92-3 Quarantined areas and regulated establishments.
(a) Quarantined areas. (1) Except as otherwise provided in
paragraph (a)(2) of this section, the Administrator will designate as a
quarantined area each State or portion of a State in which Phytophthora
ramorum has been confirmed by an inspector to be established in the
natural environment, in which the Administrator has reason to believe
that Phytophthora ramorum is present in the natural environment, or
that the Administrator considers it necessary to quarantine because of
its inseparability for quarantine enforcement purposes from localities
in which Phytophthora ramorum has been found in the natural
environment. The Administrator will publish a list of all quarantined
areas (the quarantine list) on the PPQ website at <a href="http://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/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod</a>. The list will include the date that
the list was last updated. Lists of all quarantined areas may also be
obtained by request from any local office of PPQ; local offices are
listed in telephone directories and on the internet at
<a href="http://www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd">www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd</a>. After a change is made to the list of quarantined areas, APHIS
will publish a notice in the Federal Register informing the public that
the change has occurred and describing the change to the quarantined
areas. Less than an entire State will be designated as a quarantined
area only if the Administrator determines that:
(i) The State has adopted and is enforcing restrictions on the
intrastate movement of 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 regulation along with a written
notice for the temporary designation to the owner or person in
possession of the nonquarantined area. Thereafter, the interstate
movement of any regulated, restricted, or associated article from 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.
* * * * *
Sec. 301.92-4 [Amended]
0
92. Section 301.92-4 is amended as follows:
0
a. In paragraph (a) introductory text, by redesignating footnote 5 as
footnote 1;
0
b. In paragraph (b) introductory text, by removing footnote 6;
0
c. In paragraph (c)(2) introductory text, by adding the words
``accordance with'' after the words ``listed in''; and
0
d. In paragraph (c)(2)(ii)(B), by redesignating footnote 7 as footnote
2.
0
93. Section 301.92-5 is amended as follows:
0
a. In paragraph (a), by redesignating footnotes 8 and 9 as footnotes 1
and 2, respectively;
0
b. In paragraph (a)(1)(ii), redesignate footnote 10 as footnote 3 and
revise newly redesignated footnote 3; and
0
c. In paragraph (a)(1)(v), redesignate footnote 11 as footnote 4.
The revision reads as follows:
Sec. 301.92-5 Issuance and cancellation of certificates.
* * * * *
\3\ Firewood, logs, lumber of species listed in accordance with
301.92-2(d) and marked with an asterisk are not regulated articles,
as noted in Sec. 301.92-2(b)(1).
* * * * *
Sec. 301.92-6 [Amended]
0
94. Section 301.92-6 is amended in paragraph (a) by redesignating
footnote 12 as footnote 1.
0
95. Section 301.92-7 is amended by redesignating footnote 13 as
footnote 1 and revising newly redesignated footnote 1 to read as
follows:
Sec. 301.92-7 Availability of inspectors; assembly for inspection.
* * * * *
\1\ See footnote 2 in Sec. 301.92-4.
Done in Washington, DC, this 1st day of June 2022.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2022-12153 Filed 6-13-22; 8:45 am]
BILLING CODE 3410-34-P
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</html>Indexed from Federal Register on June 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.