[43 FR 12301, Mar. 24, 1978, as amended at 43 FR 34429, Aug. 4, 1978; 44 FR 1364, Jan. 5, 1979; 44 FR 55792, Sept. 28, 1979; 44 FR 74791, Dec. 18, 1979; 45 FR 18367, Mar. 21, 1980; 45 FR 46786, July 11, 1980; 45 FR 67289, Oct. 10, 1980; 46 FR 22355, Apr. 17, 1981; 46 FR 32007, June 19, 1981; 46 FR 54324, Nov. 2, 1981; 47 FR 13503, Mar. 31, 1982; 47 FR 42715, Sept. 29, 1982; 47 FR 49951, Nov. 4, 1982; 48 FR 5216, Feb. 4, 1983; 48 FR 26294, June 7, 1983; 48 FR 34241, July 28, 19831 Sec. PART 360-NOXIOUS WEED 360.100 Definitions. 360.200 Designation of noxious weeds. Sec. 360.300 Permits for movement of noxious weeds. AUTHORITY: Secs. 4, 10; 88 Stat. 2149, 2151; 7 U.S.C. 2803, 2809; 41 FR 4251, unless otherwise noted. § 360.100 Definitions. (a) As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require. (b) As used in this part, the terms as defined in section 3 of the Act (7 U.S.C. 2802) shall apply with equal force and effect. In addition and except as may be provided otherwise in this part the following words shall be construed, respectively, to mean: Department. The United States Department of Agriculture. Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs of the Animal and Plant Health Inspection Service of the Department, or any other officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department. [41 FR 49988, Nov. 12, 1976] § 360.200 Designation of noxious weeds.1 Pursuant to the provisions of section 10 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2809) the Secretary of Agriculture, after publication of the required notice of proposal and after public hearing on the proposal when requested by any interested person, has determined based upon the information received at any such hearing and other information available to the Secretary, that the following plants are within the definition of a "noxious weed" in section 3(c) of the Act (7 U.S.C. 2802(c)) and that their dissemination in the United States may reasonably be expected to have, to a seri 'One or more common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all weeds within the genus or species represented by the scientific name, regardless of whether the common name or names are as comprehensive in scope as the scientific name. Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Limnophila sessiliflora (Vahl) Blume (ambulia) Monochoria hastata (Linnaeus) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Sagittaria sagittifolia Linnaeus (arrowhead) Salvinia auriculata Aublet (giant salvinia) Salvinia biloba Raddi (giant salvinia) Salvinia herzogii de la Sota (giant salvinia) Salvinia molesta D.S. Mitchell (giant salvinia) Sparganium erectum Linnaeus (exotic burreed) Stratiotes aloides Linnaeus (water-aloe) (b) Parasitic Weeds: Cuscuta spp. (dodders), other than following species: Cuscuta americana Linnaeus Cuscuta brachycalyx (Yuncker) Yuncker Cuscuta cassytoides Nees ex Engelmann Cuscuta cephalanthii Engelmann Cuscuta decipiens Yuncker Cuscuta dentatasquamata Yuncker Cuscuta epithymum (Linnaeus) Linnaeus Cuscuta plattensis A. Nelson Cuscuta polygonorum Engelmann Cuscuta rostrata Shuttleworth ex Engel- Cuscuta runyonii Yuncker Cuscuta suaveolens Seringe Cuscuta umbellata Humboldt, Bonpland, & Kunth Cuscuta umbrosa Beyrich ex Hooker Cuscuta warneri Yuncker Orobanche spp. (broomrapes), other than the following species: Orobanche bulbosa (Gray) G. Beck Orobanche californica Schlechtendal & Chamisso Orobanche cooperi (Gray) Heller Orobanche corymbosa (Rydberg) Ferris (c) Terrestrial Weeds: Ageratina adenophora (Sprengel) King & Robinson (crofton weed) Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile joyweed) Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated oat, wild oat) Borreria alata (Aublet) de Candolle Carthamus oxyacantha M. Bieberstein (wild safflower) Chrysopogon aciculatus (Retzius) Trinius (pilipiliula) Commelina benghalensis Linnaeus (Benghal dayflower) Crupina vulgaris Cassini (common crupina) Digitaria scalarum (Schweinfurth) Chiovenda (African couchgrass, fingergrass) Digitaria velutina (Forsskal) Palisot de Beauvois (velvet fingergrass, annual conchgrass) Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes (lightning weed) Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute) Mikania micrantha Humboldt, Bonpland, & Kunth Mimosa invisa Martius (giant sensitive plant) Oryza longistaminata A. Chevalier & Roehrich (red rice) Oryza punctata Kotschy ex Steudel (red rice) Oryza rufipogon Griffith (red rice) Pennisetum clandestinum Hochstetter ex Chiovenda (kikuyugrass) Pennisetum pedicellatum Trinius (kyasumagrass) Pennisetum polystachion (Linnaeus) Prosopis argentina Burkart Prosopis elata (Burkart) Burkart Prosopis farcta (Solander ex Russell) Macbride Prosopis ferox Grisebach Prosopis hassleri Harms Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, Kunth Prosopis palmeri S. Watson & Prosopis reptans Bentham var. reptans Prosopis strombulifera (Lamarck) Bentham Rottboellia exaltata Linnaeus f. (itchgrass, raoulgrass) Sec. 370.1 370.2 Scope and purpose. Published materials. 370.3 Index. or (a) The Deputy Administrator shall issue a written permit for the movement of a noxious weed into through the United States if application is made for such movement and if he determines that such movement under conditions specified in the permit would not involve a danger of dissemination of the noxious weed in the United States; otherwise such a permit shall not be issued. Application for such movement shall be made by filing a completed form of application with Permit Unit, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, Room 638, Federal Building, Hyattsville Maryland 20782.1 (b) All such permits issued shall contain in written form in the permit any conditions (other than those conditions specified in this part) under which the permit is to be granted, e.g. conditions with respect to shipment, storage, and destruction. (c) If the permit is denied, the applicant shall be furnished the reasons therefor. (d) The Deputy Administrator may revoke any outstanding permit issued under this section if he determines that there has been a failure to comply with any provision of the Act or this section, including conditions written on the permit. Upon request, any permit holder will be afforded an opportunity for a hearing with respect to the merits or validity of any such revocation involving his permit. 'Such forms of application are available without charge from the Permit Unit, Plant Protection and Quarantine Programs (PPQ), Animal and Plant Health Inspection Service, Room 638, Federal Building, Hyattsville, Maryland 20782, or local PPQ offices which are listed in telephone directories. 370.4 Facilities for inspection and copying. 370.5 Requests for records. 370.6 Appeals. 370.7 Agency response to requests. AUTHORITY: Freedom of Information Act as amended (5 U.S.C. 552) Part 1, Subtitle A of this title. SOURCE: 40 FR 43223, Sept. 19, 1975, unless otherwise noted. 8370.1 Scope and purpose. These regulations are issued pursuant to the Freedom of Information Act, as amended (5 U.S.C. 552), and in accordance with the requirements of the Department of Agriculture regulations in Part 1, Subpart A of this title. The availability of records of the Animal and Plant Health Inspection Service (APHIS), and the procedures by which the public may obtain such information, shall be governed by the Department regulations as implemented by the regulations in this part. It is the policy of APHIS to be an open agency and to promptly make available for public inspection any records or information which are required to be released under the Act. Material which is exempt from disclosure will also be promptly made available when the Agency in its discretion determines that release of such material is in the public interest. 8370.2 Published materials. Rules and regulations of APHIS relating to its regulatory responsibilities are continuously published in the FEDERAL REGISTER, and codified in this Chapter III, Title 7, and in Chapter I, Title 9 of the Code of Federal Regulations. APHIS issues publications explaining animal and plant health pro § 1.4(b) of this title, APHIS will maintain and make available for public inspection and copying a current index providing identifying information regarding the materials required to be published or made available under the Freedom of Information Act (5 U.S.C. 552(a)(2)). Notice is hereby given that publication of this index is unnecessary and impracticable, since the material is voluminous and does not change often enough to justify the expense of publication. § 370.4 Facilities for inspection and copying. Facilities for public inspection and copying of the index and materials required to be made available under 5 U.S.C. 552(c)(2) will be provided by APHIS, on business days between 8 a.m. and 4:30 p.m. Requests for this information should be made to the FOIA Coordinator at the following address: Freedom of Information Act Coordinator, Animal and Plant Health Inspection Service,6505 Belcrest Road, Room 264, Hyattsville, MD 20782. Copies of such material may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Office of Operations and Finance, USDA, pursuant to § 2.75 of this title. See § 1.10 and Appendix A-Fee Schedule in Part 1, Subtitle A of this title. [44 FR 53490, Sept. 14, 1979] § 370.5 Requests for records. (a) Requests for APHIS records or information other than material published or made available under the preceding sections, shall be made in writing in accordance with 7 CFR 1.3(a) and submitted to the APHIS Freedom of Information Act Coordinator at the following address: Freedom of Information Act Coordinator (FOIA Request), Animal and Plant Health Inspection Service, 6505 Belcrest Road, Room 264, Hyattsville, MD 20782. The request shall identify each record with reasonable specificity as prescribed in § 1.3(b) of this title. The APHIS FOIA Coordinator is hereby delegated authority to make determinations with respect to such requests in accordance with 7 CFR. (b) The FOIA Coordinator or his designee is authorized to receive requests and to exercise the authority under § 1.4(c) of this title to: (1) Make determinations to grant or deny requests, (2) extend the administrative deadline, (3) make discretionary releases of exempt records, and (4) make determinations regarding charges pursuant to the fee schedule. (c) In exercising his authority under § 1.4(c) of this title to grant and deny requests, the Coordinator will comply with subsection (b) of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which requires that any reasonably segregable portion of a document shall be provided to a person requesting such document after deletion of any portions which are exempt under the Act. Therefore, unless the disclosable and non-disclosable portions are so inextricably linked that it is not reasonably possible to separate them, the document will be released with the non-disclosable portions deleted, except that the Coordinator may exercise discretion as limited by § 1.11 of this title, to release the entire document, or to make only a minimum number of deletions, e.g., the names of individuals. [40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979] |