will not be made if such action would frustrate the purposes of the Act or Convention. As an example, this section does not allow remission or mitigation with respect to terrestrial plants that are without documentation required under 50 CFR chapter I. (f) The Deputy Administrator shall notify the petitioner in writing concerning whether the petition was granted or denied, and shall state the reasons therefor. If the petition is denied fully or in part, the petitioner may then file a supplemental petition, but no supplemental petition shall be considered unless it is received within 60 days from the date of the Deputy Administrator's notification concerning the original petition. The Deputy Administrator shall notify the petitioner in writing concerning the action taken in response to the supplemental petition, and shall state the reasons therefor. (Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076) §356.8 Return procedure. If, at the conclusion of proceedings, seized property is to be returned to the person determined to be the owner or agent thereof, the Deputy Administrator shall issue a letter or other document to the person determined to be owner or agent thereof authorizing its return. This letter shall be delivered personally or sent by registered or certified mail, return receipt requested, and shall identify the person determined to be the owner or agent, the seized property, and if appropriate, the bailee of the seized property. It shall also provide that upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by Plant Protection and Quarantine, the seized property is authorized to be released. §356.9 Filing of documents. (a) Any document required by this subpart to be filed or served within a certain period of time, will be considered filed or served as of the time of receipt by the party with or upon whom filing or service is required. (b) Saturdays, Sundays, and federal holidays shall be included in comput §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 U.S. 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 weeds.1 of noxious Pursuant to the provisions of section 10 of the Federal Noxious Weed Act of 1 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 sciContinued 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 serious degree, an effect specified in said section 3(c) of the Act: (a) Aquatic weeds: Azolla pinnata R. Brown (mosquito fern, water velvet) Eichornia azurea (Swartz) Kunth (anchored waterhyacinth, rooted waterhyacinth) Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Lagarosiphon major (Ridley) Moss Limnophila sessiliflora (Vahl) Cuscuta cassytoides Nees ex Engelmann Cuscuta epithymum (Linnaeus) Linnaeus Cuscuta glabrior (Engelmann) Yuncker Cuscuta nevadensis I. M. Johnston Cuscuta obtusiflora Humboldt, Bonpland, & Kunth Cuscuta occidentalis Millspaugh ex Mill & Nuttall Cuscuta odontolepis Engelmann Cuscuta pentagona Engelmann Blume Cuscuta planiflora Tenore Cuscuta plattensis A. Nelson Cuscuta polygonorum Engelmann Cuscuta rostrata Engelmann Shuttleworth ex Cuscuta runyonii Yuncker Cuscuta salina Engelmann Cuscuta sandwichiana Choisy Cuscuta squamata Engelmann Cuscuta suaveolens Seringe Cuscuta suksdorfii Yuncker Ageratina adenophora (Sprengel) King & Robinson (crofton weed) Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile joyweed) Asphodelus fistulosus Linnaeus (onionweed) 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) Emer australis Steinheil (three-cornered jack) Emer spinosa (Linnaeus) Campdera (devil's thorn) Galega officinalis Linnaeus (goatsrue) Heracleum mantegazzianum Sommier & Levier (giant hogweed) Imperata cylindrica (Linnaeus) Raeuschel (cogongrass) Ipomoea triloba Linnaeus (little bell, aiea morning-glory) Ischaemum rugosum Salisbury (murainograss) Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop) Lycium ferocissimum Miers (African boxthorn) Melastoma malabathricum Linnaeus Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute) Mikania micrantha Humboldt, Bonpland, & Kunth Mimosa invisa Martius (giant sensitive plant) Mimosa pigra Linneaus var. pigra (catclaw mimosa) Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock) Opuntia aurantiaca Lindley (jointed prickly pear) Oryza longistaminata A. Chevalier & Roehrich (red rice) Oryza punctata Kotschy ex Steudel (red rice) Oryza rufipogon Griffith (red rice) Paspalum scrobiculatum Linnaeus (Kodo-millet) Pennisetum clandestinum Hochstetter Pennisetum macrourum Trinius Chiovenda (kikuyugrass) ex (African Trinius Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin napiergrass) Prosopis alpataco R. A. Philippi Prosopis argentina Burkart Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms Prosopis pallida (Humboldt & Bonpland ex Prosopis reptans Bentham var. reptans Prosopis ruizlealii Burkart Prosopis sericantha Gillies ex Hooker & Prosopis strombulifera (Lamarck) Bentham Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle Rottboellia exaltata Linnaeus f. (itchgrass, raoulgrass) Rubus fruticosus Linnaeus (complex) (wild blackberry) Rubus moluccanus Linnaeus (wild raspberry) Saccharum spontaneum Linnaeus (wild sugarcane) § 360.300 Permits for movement of noxious weeds. (a) The Deputy Administrator shall issue a written permit for the movement of a noxious weed into or 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 the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, Maryland 20737-1236.1 (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. (Approved by the Office of Management and Budget under control number 0579-0054) (44 U.S.C. 35) [41 FR 49988, Nov. 12, 1976, as amended at 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994] 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. § 370.2 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 9 CFR chapter I. APHIS issues publications explaining animal and plant health programs and the laws and regulations, including quarantines, under which the programs are conducted. These publications are, for the most part available free from the Office of Governmental and Public Affairs, USDA, Washington, DC 20250; or, in some cases from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, at established rates. [44 FR 53490, Sept. 14, 1979] $370.3 Index. Pursuant to the regulations in §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 re quired 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, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231. 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 AFee Schedule in part 1, subtitle A of this title. [44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994] $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, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 207371231. 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; 51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994] § 370.6 Appeals. If the request for information made under §370.5 is denied in whole or in part, the requester may file an appeal pursuant to §1.3(e) of this title. The appeal should be in writing and should be addressed as follows: Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), Room 313E, U.S. Department of Agriculture, Washington, DC 20250. [44 FR 53490, Sept. 14, 1979] §370.7 Agency response to requests. (a) The response to requests for information and to appeals shall be made in accordance with the Department regulations in §1.5 of this title and the regulations in this part. (b) Requests for records and information which have customarily been directed to field stations and agency headquarters may continue to be directed to those locations, notwithstanding the provisions of these regulations. If the information is not available at the location at which the request is made, or the official receiving the request is in doubt as to whether the information should be released, the official shall (1) promptly forward the request to the FOIA Coordinator, or (2) 167-013 0-96--14 |