carriage of vehicles, and by wetting all surfaces (including the inside of boxes and trailers), to the point of runoff, with one of the following disinfectants: (1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 7.5; (2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) compound; (3) A solution of hot water and detergent, under high pressure (at least 30 pounds per square inch), at a minimum temperature of 160° F; or (4) Steam, at a minimum temperature of 160° F. at the point of contact. [50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] §301.75-12 Certificates and limited permits. (a) Issuance and withdrawal. (1) Certificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a compliance agreement. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (1) Certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following: (i) The outside of the regulated article, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified. (2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. [55 FR 37453, Sept. 11, 1990] §301.75-13 Compliance agreements. (a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994] §301.75-14 Costs and charges. The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] Subpart-Mediterranean Fruit Fly SOURCE: 56 FR 57576, Nov. 13, 1991, unless otherwise noted. §301.78 Restrictions on interstate movement of regulated articles. No person shall move interstate from any quarantined area any regulated article except in accordance with this subpart.1 §301.78-1 Definitions. In this subpart the following definitions apply: Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS). Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of 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 section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff). Mediterranean fruit fly and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart. Day degrees. A mathematical construct combining average temperature over time that is used to calculate the length of a Mediterranean fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: [(Minimum Daily Temp + Maximum Daily Temp)/2] - 54° Day Degrees. = Drip line. The line around the canopy of a plant. Infestation. The presence of the Mediterranean fruit fly or the existence of circumstances that make it reasonable to believe that the Mediterranean fruit fly is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Administrator to enforce this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with §301.78– 5(b) of this subpart only to a specified destination and only in accordance with specified conditions. Mediterranean fruit fly. The insect known as Mediterranean fruit fly Ceratitis capitata (Wiedemann) in any stage of development. Moved (Move, Movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Quarantined area. Any State, or any portion of a State, listed in §301.78-3(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.78-3(b) of this subpart. Orange, Unshu (Citrus reticulata var. Papaya (Carica papaya) Pepper (Capsicum frutescens, C. annuum) ripe) (Lycopersicon esculentum) Walnut with husk (Juglans spp.) White sapote (Casimiroa edulis) Yellow oleander (Bestill) (Thevetia peruviana) Any berries, fruits, nuts, or vegetables that are canned or dried or frozen below -17.8 °C. (0 °F.) are not regulated articles. (b) Soil within the drip area of plants that are producing or have produced the berries, fruits, nuts, or vegetables listed in paragraph (a) of this section. (c) Any other article, product, or means of conveyance, not covered by paragraphs (a) or (b) of this section, that presents a risk of spread of the Mediterranean fruit fly and an inspector notifies the person in possession of it that the article, product, or means of conveyance is subject to the restrictions of this subpart. [56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994] $301.78-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator shall list as a quarantined area in paragraph (c) of this section, each State, or each portion of a State, in which the Mediterranean fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Mediterranean fruit fly is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from 10calities in which the Mediterranean 167-013 0-96-3 fruit fly has been found. 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 prevent the interstate spread of the Mediterranean fruit fly. (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 for listing such area. The Administrator will give a copy of this regulation along with a written notice of this 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 is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section or the designation shall 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. (c) The areas described below are designated as quarantined areas: CALIFORNIA Los Angeles, Orange, and San Bernardino Counties. That portion of the counties beginning at the intersection of the Angeles National Forest boundary and Sage Hill Road; then north from the intersection along an imaginary line to its intersection with Brown Mountain Road at Millard Campground; then west along Brown Mountain Road to its intersection with El Prieto Road; then southwest along El Prieto Road to its intersection with the Pasadena City limit; then north and west along the Pasadena City limit to its intersection with the La Canada Flintridge City limit; then west and south along the La Canada Flintridge City limit to its intersection with Foothill Boulevard; then northwest along Foothill Boulevard to its intersection with La Crescenta Avenue; then south along La Crescenta Avenue to its intersection with Shirley Jean Street; then southwest from this intersection along an imaginary line to the end of Allen Avenue; then southwest along Allen Avenue to its intersection with Mountain Street; then northwest along Mountain Street to its intersection with Sunset Canyon Drive; then northwest along Sunset Canyon Drive to its intersection with Olive Avenue; then southwest along Olive Avenue to its intersection with Interstate Highway 5; then northwest along Interstate Highway 5 to its intersection with Sunland Boulevard; then northeast along Sunland Boulevard to its intersection with Interstate Highway 210; then northwest along Interstate Highway 210 to its intersection with Bledsoe Street; then northeast along Bledsoe Street to its intersection with Olive View Drive; then west along Olive View Drive to its intersection with Cobalt Street; then north along Cobalt Street to its intersection with the Los Angeles City limit; then west and south along the Los Angeles city limit to its intersection with Limekiln Canyon Road; then south along Limekiln Canyon Road to its intersection with Sesnon Boulevard; then west along Sesnon Boulevard to its intersection with Winnetka Avenue; then south along Winnetka Avenue to its intersection with State Highway 118; then west along State Highway 118 to its intersection with State Highway 27 (Topanga Canyon Boulevard); then south along State Highway 27 to its intersection with Parthenia Street; then east along Parthenia Street to its intersection with Tampa Avenue; then south along Tampa Avenue to its intersection with U.S. Highway 101; then east along U.S. Highway 101 to its intersection with Interstate Highway 405; then southeast along Interstate Highway 405 to its intersection with Sunset Boulevard; then southwest along Sunset Boulevard to its intersection with Chautauqua Boulevard; then southwest on Chautauqua Boulevard to its intersection with State Highway 1; then southeast along State Highway 1 to its intersection with Ocean Avenue; then southeast along Ocean Avenue to its intersection with Barnard Way; then southeast along Barnard Way to its intersection with Neilson Way; then southeast along Neilson Way to its intersection with Pacific Avenue; then southeast along Pacific Avenue to its intersection with Via Marina; then southeast from this intersection along an imaginary line to the intersection of 62nd Avenue and Pacific Avenue; then southeast along Pacific Avenue to its intersection with Vista del Mar; then southeast along Vista del Mar to its intersection with North Highland Avenue; then southeast along North Highland Avenue to its intersection with Manhattan Beach Boulevard; then southwest along Manhattan Beach Boulevard to its intersection with the Manhattan Beach Pier; then southwest along Manhattan Beach Pier to its intersection with the Pacific Ocean coastline; then south and east along the Pacific Ocean coastline to its intersection with the San Pedro Breakwater; then east along the San Pedro Breakwater to the Los Angeles Harbor Light Station; then east from the Los Angeles Harbor Light Station along an imaginary line to the Los Angeles Harbor Entrance East Light; then northeast from the Los Angeles Harbor Entrance East Light along the Middle Breakwater to the Long Beach Harbor Light Station; then north from the Long Beach Harbor Light Station along an imaginary line to the intersection of Harbor Scenic Way and Harbor Scenic Drive; then northwest along Harbor Scenic Drive to its intersection with Queen's Way; then north along Queen's Way to its intersection with Ocean Boulevard; then east and southeast along Ocean Boulevard to its intersection with 72nd Place; then southeast from this intersection along an imaginary line to the intersection of 1st Street and Ocean Avenue; then southeast along Ocean Avenue to its intersection with Seal Beach Boulevard; then northeast along Seal Beach Boulevard to its intersection with State Highway 1; then southeast along State Highway 1 to its intersection with Main Street; then north along Main Street to its intersection with Adams Avenue; then east along Adams Avenue to its intersection with Fairview Road; then north along Fairview Road to its intersection with Interstate Highway 405; then east and southeast along Interstate Highway 405 to its intersection with Culver Drive; then northeast along Culver Drive to its intersection with Walnut Avenue; then northwest along Walnut Avenue to its intersection with Jamboree Road; then northeast along Jamboree Road to its intersection with Chapman Avenue; then north from this intersection along an imaginary line to the intersection of Serrano Avenue and Nohl Ranch Road; then northeast along Serrano Avenue to its intersection with Weir Canyon Road; then north from this intersection along an imaginary line to the northern intersection of the Yorba Linda City limit and the San Bernardino County line; then northeast from this intersection along an imaginary line to the intersection of State Highway 71 and State Highway 83 (Euclid Avenue); then north along State Highway 83 to its intersection with Eucalyptus Avenue; then east along Eucalyptus Avenue to its intersection with Walker Avenue; then north along Walker Avenue to its intersection with Riverside Drive; then east along Riverside Drive to its intersection with Vineyard Avenue; then north along Vineyard Avenue to its intersection with Mission Boulevard; then northwest along Mission Boulevard to its intersection with Grove Avenue; then north along Grove Avenue to its intersection with Holt Boulevard; then east along Holt Boulevard to its intersection with Vineyard Avenue; then north along Vineyard Avenue to its intersection with Carnelian Street; then north along Carnelian Street to its intersection with Hillside Road; then west along Hillside Road to its intersection with Sapphire Street; then north along Sapphire Street to its intersection with Almond Street; then north from this intersection along an imaginary line to its intersection with the Rancho Cucamonga City limit; then west along the Rancho Cucamonga City limit to its intersection with the San Bernardino National Forest Boundary; then west along the San Bernardino National Forest Boundary to its intersection with the Angeles National Forest Boundary; then west along the Angeles National Forest Boundary to the point of beginning. [56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 57 FR 42486, Sept. 15, 1992; 57 FR 54168, Nov. 17, 1992; 58 FR 6345, Jan. 28, 1993; 58 FR 39124, July 22, 1993; 58 FR 42491, Aug. 10, 1993; 58 FR 49188, Sept. 22, 1993; 58 FR 53108, 53109, Oct. 14, 1993; 58 FR 63030, Nov. 30, 1993; 58 FR 67629, Dec. 22, 1993; 59 FR 40208, Aug. 8, 1994; 59 FR 52407, Oct. 18, 1994; 60 FR 40054, Aug. 7, 1995] §301.78-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area 2 only if moved under the following conditions: (a) With a certificate or limited permit issued and attached in accordance with §§ 301.78-5 and 301.78-8 of this subpart; (b) Without a certificate or limited permit, if: (1) The regulated article is moving as air cargo or as a meal intended for inflight consumption, and is transiting Los Angeles International Airport, California; (2) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit flies (such as canvas, plastic, or other closely woven cloth) while moving through the quarantined area; and (3) The point of origin of the regulated article is indicated on the waybill. (c) Without a certificate or limited permit, if: (1) The regulated article originated outside any quarantined 2 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. |