Any such person may execute and issue the certificate forms or reproduction of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all applicable Federal domestic plant quarantines. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. (d) Any certificate or permit which has been issued or authorized may be withdrawn by an inspector if he determines that the holder thereof has not complied with any condition for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. § 301.45-5 Compliance agreement and cancellation thereof. (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. A compliance agreement shall specify safeguards necessary to prevent spread of the gypsy moth and browntail moth, such as disinfestation practices or application of chemical materials. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement, orally or in writing, whenever the inspector finds that such person has failed to comply with the conditions of the agreement. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. § 301.45-6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates or limited permits, or reproductions thereof, under § 301.45-4(c)) who desire to move interstate a regulated article which must be accompanied by a certificate or permit shall, as far in advance as possible, (should be no less than 48 hours before the desired movement), request an inspector to examine the articles prior to movement. Such article shall be assembled at such point and in such manner as the inspector designates to facilitate inspection. § 301.45-7 Attachment and disposition of certificates and permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the container containing the regulated article, or securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the waybill or other shipping document: Provided, however, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill or other shipping document only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify such article. (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. § 301.45-8 Inspection and disposal of regulated articles, outdoor household articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles, outdoor household articles and gypsy moths or browntail moths as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd). [45 FR 15510, Mar. 11, 1980, as amended at 48 FR 39601, Sept. 1, 1983] § 301.45-9 Movement of live gypsy moths and browntail moths. Regulations requiring a permit for and otherwise governing the movement of live gypsy moths and browntail moths in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in Part 330 of this chapter. § 301.45-10 Costs and charges. The services of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. § 301.45-11 Conditions governing the interstate movement of outdoor household articles from quarantined States." (a) No outdoor household article shall be moved interstate from a gypsy moth high-risk area into or through any nonregulated area unless; (1) Such outdoor household article is free from all life stages of the gypsy moth at the time ot the intertstate movement; or (2) Such outdoor household article is accompanied by an OHA document issued by a qualified certified applicator in accordance with the provisions of §§ 301.45-12 and 301.45-13 within five calendar days of the interstate movement from a gypsy moth highrisk area; or (3) Such outdoor household articles are brought in by vacationers to the gypsy moth high-risk areas. [48 FR 39601, Sept. 1, 1983] § 301.45-12 Issuance of OHA document. (a) An OHA document may be issued by a qualified certified applicator for the interstate movement of any outdoor household article if such qualified certified applicator determines the following: (1) That the outdoor household article has been inspected by or under the direct supervision of the qualified certified applicator and found to be free of any life stage of the gypsy moth; or (2) That the outdoor household article has been treated by or under the direct supervision of the qualified certified applicator to destroy any life stage of the gypsy moth in accordance with methods and procedures prescribed in section III.C.5 of the Appendix to Subpart ("Treatment of Outdoor Household Articles"). (Approved by the Office of Management and Budget under control number 05790074) (44 U. S. C. 35) [48 FR 39601, Sept. 1, 1983, as amended at 48 FR 57466, Dec. 30, 1983] "Requirements under all other applicable Federal domestic plant quarantines must also be met. § 301.45-13 Attachment of OHA document. (a) An OHA document used in the interstate movement of any outdoor household article shall, at all times during such movement, accompany the vehicle carrying such outdoor household article. (b) The OHA document covering the movement of outdoor household articles shall be furnished by the carrier to the consignee at the destination of the shipment. [48 FR 39602, Sept. 1, 1983] § 301.45-14 Disqualification of qualified certified applicator to issue OHA documents. (a) Any qualified certified applicator may be disqualified from issuing OHA documents by the Deputy Administrator if he determines that one of the following has occurred: (1) Such person is not certified by a State and/or Federal Government as a commercial certified applicator under FIFRA in a category allowing use of the restricted pesticides recommended for use in treating outdoor household articles for gypsy moth as provided in section III.C.5 of the Appendix to the Subpart-Portion of "Gypsy Moth and Browntail Moth Program Manual"; or (2) Noncompliance with any of the provisions of this subpart (b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as circumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing OHA documents may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the disqualification. The appeal shall state all of the facts and reasons upon which the person relies to show that the disqualification was a wrongful action. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning The gypsy moth and browntail moth Quarantine 45, as amended (7 CFR 301.45), sets forth conditions governing the movement of regulated articles. One of these provisions is the treatment of articles under the direction of an authorized inspector in accordance with administratively approved procedures. Procedures outlined in section III of this manual are administratively authorized for the treatment of the regulated articles. Procedures outlined in section III.C.5 are administratively authorized for the treatment of outdoor household articles by approved certified applicators. Other articles which may require treatment to prevent spread of the gypsy moth and the browntail moth, as determined by an inspector, likewise may be treated in accordance with procedures contained herein. These treatment procedures are based on information developed by both State and Federal agencies. I. General Information-Gypsy Moth F. Definition of Infestation. An infestation of gypsy moth is considered established when one of the following criteria are met: 1. Trapping-The delimiting survey at a positive trap site yields a pattern of positive male moth recoveries in the year following the original find; or 2. Scouting-Inspection reveals the establishment of any other life stage of the gypsy moth in a susceptible area. 'The entire manual will be made available from the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, Federal Building, Hyattsville, MD 20782. The area regarded infested will be 1.6 kilometers (one mile) beyond the site of each specimen recovery. When deemed necessary, a 1.6 kilometer (one-mile) radius from the point of specimen recovery will be regulated. G. Eradication Criteria. Eradication of the gypsy moth from an area previously found infested will be declared: 1. After treatment of the previously infested area with insecticides in accordance with this manual and after the subsequent completion of a negative survey in the area using the trapping procedures under the heading "Delimiting" paragraph II.A.3. of this manual; or 2. After applications of virus and/or pheromone are made and upon completion of two consecutive negative surveys covering a span of two years. II. Survey Procedures-Gypsy Moth A. Trapping survey. 3. Delimiting. When a positive trap find is reported, a delimiting survey must be conducted the following year to determine if an infestation is present. If the original find is not too late in the season, a trapping survey of about 9 square miles will be conducted during the same season as the original find. This will better establish the area to be covered by the delimiting survey. In the area of the positive trap find, 10, 12, or 31 traps per square kilometer (25, 32, or 81 traps per square mile) will be used in a 23.3 square kilometer (9 square mile) area. Three and one half traps per square kilometer (9 traps per square mile) should be used in a 41.4 square kilometer (16 square mile) area surrounding the core area. This area may be extended to 104 square kilometers (40 square miles). III. Regulatory Procedures A. Instructions to Officers. Officers must know and follow instructions in this manual as a basis for the treatment or other procedures to be followed in authorizing the movement of regulated products. It will serve as a basis for explaining such procedures to persons interested in moving products affected by the quarantine regulations. Only the treatment procedures authorized herein will be utilized. Officers should be familiar with the following for regulatory purposes: PLANT PROTECTION AND QUARANTINE TREATMENT MANUAL AERIAL APPLICATION-PLANNING (80752.0000) AERIAL (807-53.0000) APPLICATION-OPERATIONS INSTRUCTIONS FOR CALIBRATION OF Officers should furnish complete information to anyone interested in moving regulated products. Shippers should be advised of all authorized procedures available and should be guided by the inspector in the selection of the proper procedure. B. Authorized Chemicals. The following chemicals are authorized for treatment of regulated articles for gypsy moth as specifically listed on the pesticide label or in this manual. OVICIDES Creosote Methyl Bromide Carbaryl (Sevin) C. Approved Treatments-Gypsy Moth. 1. Mobile Homes and Recreational Vehicles. a. Cleaning and Inspection. General This inspection procedure can apply to both mobile homes and recreational vehicles. However, since the movement of recreational vehicles is usually contingent upon treatment of the site, the procedure is addressed to mobile homes. The inspection of mobile homes is difficult and time consuming. Thorough inspection is necessary to assure that all visible infestation has been removed from the vehicle and its associated equipment. Since we cannot be sure that all egg masses have been found, a limited permit is used whenever a mobile home is moved from a hazardous site to a point outside the regulated area. Special Equipment Flashlight, small hand mirror. Method (1) Exterior of mobile home. (a) Inspect the roof and eaves, window sills (top and bottom), fuse boxes, electrical connections, propane gas tanks, and other appendages. (b) Inspect accessories, such as sheds, which may be used as storage and then dismantled to accompany the vehicle to its new § 301.45-13 Attachment of OHA document. (a) An OHA document used in the interstate movement of any outdoor household article shall, at all times during such movement, accompany the vehicle carrying such outdoor household article. (b) The OHA document covering the movement of outdoor household articles shall be furnished by the carrier to the consignee at the destination of the shipment. [48 FR 39602, Sept. 1, 1983] § 301.45-14 Disqualification of qualified certified applicator to issue OHA documents. (a) Any qualified certified applicator may be disqualified from issuing OHA documents by the Deputy Administrator if he determines that one of the following has occurred: (1) Such person is not certified by a State and/or Federal Government as a commercial certified applicator under FIFRA in a category allowing use of the restricted pesticides recommended for use in treating outdoor household articles for gypsy moth as provided in section III.C.5 of the Appendix to the Subpart-Portion of "Gypsy Moth and Browntail Moth Program Manual"; or (2) Noncompliance with any of the provisions of this subpart (b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as circumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing OHA documents may appeal the decision in writing to the Administrator within ten (10) days after receiving written notification of the disqualification. The appeal shall state all of the facts and reasons upon which the person relies to show that the disqualification was a wrongful action. The Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of practice concerning The gypsy moth and browntail moth Quarantine 45, as amended (7 CFR 301.45), sets forth conditions governing the movement of regulated articles. One of these provisions is the treatment of articles under the direction of an authorized inspector in accordance with administratively approved procedures. Procedures outlined in section III of this manual are administratively authorized for the treatment of the regulated articles. Procedures outlined in section III.C.5 are administratively authorized for the treatment of outdoor household articles by approved certified applicators. Other articles which may require treatment to prevent spread of the gypsy moth and the browntail moth, as determined by an inspector, likewise may be treated in accordance with procedures contained herein. These treatment procedures are based on information developed by both State and Federal agencies. I. General Information-Gypsy Moth F. Definition of Infestation. An infestation of gypsy moth is considered established when one of the following criteria are met: 1. Trapping-The delimiting survey at a positive trap site yields a pattern of positive male moth recoveries in the year following the original find; or 2. Scouting-Inspection reveals the establishment of any other life stage of the gypsy moth in a susceptible area. "The entire manual will be made available from the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, Federal Building, Hyattsville, MD 20782. |