ignated as a regulated area in §301.802a or otherwise designated as a regulated area in accordance with § 301.802(b).

(p) Regulated articles. Any articles described in § 301.80(b).

(q) Restricted destination permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certifiable under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes.

(r) Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes.

(s) Soil. That part of the upper layer of earth in which plants can grow.

(t) State. Any State, territory, or district of the United States, including Puerto Rico.

(u) Suppressive area. That portion of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under §301.80-2(a).

(v) Treatment Manual. The provisions currently contained in the "Manual of Administratively Authorized Procedures to be Used Under the Witchweed Quarantine" and the "Fumigation Procedures Manual” and any amendments thereto.1

(w) Witchweed. Parasitic plants of the genus Striga and reproductive parts thereof, including seeds.

[41 FR 27372, July 2, 1976]

§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) Regulated areas and suppressive or generally infested areas. The Deputy Administrator shall designate as regulated areas, in a supplemental regulation designated as §301.80-2a, each

1 Pamphlets containing such provisions are available upon request to the Deputy Administrator, Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector.

quarantined State, or each portion thereof 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, in the supplemental regulation, may designate any regulated area or portion thereof, as a suppressive area or a generally infested area in accordance with the definitions thereof in §301.80-1. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion 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 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 list in §301.80-2a if a basis then exists for their designation.

(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 gen

erally infested area when he determines that such designation is no longer required under the criteria specified 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 he 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, in a supplemental regulation designated as §301.80-2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he may prescribe, if he finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.

[41 FR 27372, July 2, 1976]

§ 301.80-2a Regulated areas; generally infested and suppressive areas.

The civil divisions and parts of civil divisions described below are designated as witchweed regulated areas within the meaning of this subpart.

NORTH CAROLINA

(1) Generally infested areas. None. (2) Suppressive areas.

Bladen County. The entire county.

Columbus County. The part of the county lying north and west of a line that begins at a point where State Highway 410 intersects the Bladen-Columbus County line, then south along this road to its junction with U.S. Highway 76, then west along U.S. Highway 76 to its junction with State Secondary Road 1356, then south along this road to its junction with the North Carolina-South Carolina border, where the line ends.

Craven County. The Chapman, Idel M., farm located .3 mile off west side of State Secondary Road 1459 and 0.1 mile north of its junction with State Secondary Road 1463.

The Morris, Gerald K., farm located on the north side of State Secondary Road 1444 and 1.4 miles northwest of its junction with State Secondary Road 1447.

The Nobles, Jr., Jack, farm located on the west side of State Secondary Road 1262 and located 0.7 mile south of the intersection of State Secondary Road 1258 and State Secondary Road 1262.

Cumberland County. That area bounded by a line beginning at a point where U.S. Highway 401 intersects the Cumberland-Hoke County line, then east along this highway to its intersection with the Fayetteville city limits, then south, east, and northeast along these city limits to its junction with U.S. Highway 301 north, then northeast along this highway to its junction with U.S. Interstate 95, then northeast along this interstate to its junction with U.S. Highway 13, then east and northeast along this highway to its intersection with the Cumberland-Sampson County line, then southerly along this county line to its junction with the Bladen-Cumberland County line, then westerly along this county line to its junction with the CumberlandRobeson County line, then northwesterly along this county line to its junction with the Cumberland-Hoke County line, then northwesterly along this county line to the point of beginning.

The Barefoot, Bobby, farm located on the south side of State Secondary Road 1708 and its western junction with State Secondary road 1609.

The Contrell, C.T., farm located on the west side of State Secondary Road 1400 as its junction with State Secondary Road 1401.

The Lee, Jack, farm located on the west side of State Secondary Road 1716 and 0.1 mile north of its intersection with State Secondary Road 1717.

The Lovick, Eugene, farm located on the north side of State Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway 301.

The Matthews, Isiah, farm located on a private road off the east side of U.S. Highway 301 and 0.1 mile north of its junction with State Secondary Road 1722.

The McLaurin, Elwood, farm located on the west side of U.S. Highway 301 and 0.2 mile north of its junction with State Secondary Road 1828.

The McLaurin, George, farm located on the north side of State Secondary Road 1722 and 0.4 mile west of its junction with U.S. Highway 301.

The Underwood, Olive T., farm located on the east side of State Secondary Road 1723 and 0.8 mile south of its junction with State Secondary Road 1722.

Duplin County. The Grand, Pietro, farm located 0.2 mile southwest of end of State Secondary Road 1981.

The Lewis, Merle S., farm located on both sides of State Secondary Road 1508 and .25 miles east of its intersection with State Secondary Road 1004.

The Mathis, Sudie, farm located on the southwest side of State Secondary Road 1128

and 0.1 mile south of the Duplin-Sampson County line.

Greene County. The Alexander, Jenny, farm located on the west side of State Secondary Road 1419 and 0.3 mile south of its intersection with North Carolina Highway 903.

The Applewhite, Claudia, farm located on the west side of State Secondary Road 1419 and .2 mile south of its junction with North Carolina Highway 903.

The Dixon, Sudie, farm located on the west side of State Secondary Road 1004 and 0.2 mile south of its junction with State Secondary Road 1405.

The Dunn, Theodore, S., farm located on the east side of State Secondary Road 1413 and in the northeast junction with this road and State Secondary Road 1417.

The Lane, Sylvester, farm located 3.8 miles east of Snow Hill, on both sides of State Secondary Road 1400 and 2.8 miles southeast of its junction with U.S. Highway 13.

The Lane, Wilbert, farm located on the east side of State Secondary Road 1419 and 0.3 mile northeast of its junction with State Secondary Road 1418.

The Strong, Eriver, farm located on the east side of State Secondary Road 1419 and 1.1 miles north of its junction with State Secondary Road 1418.

The Warren, Francis, farm located on the west side of State Secondary Road 1418 and 0.3 mile north of its junction with State Secondary Road 1419.

The Whitaker, J.H., farm located on the east side of State Secondary Road 1004 at its junction with State Secondary Road 1405 and 0.6 mile south of its junction with North Carolina Highway 102.

The Williams, Minnie farm located on the north side of State Secondary Road 1417 and 0.8 mile east of its junction with State Secondary Road 1413.

The Wood, Nina, farm located on the southwest side of the intersection of State Secondary Roads 1400 and 1418.

Lenoir County. The Dawson, Wayne, farm located on the east side of State Secondary Road 1318 and 0.25 mile north of its intersection with State Secondary Road 1316.

The Howell, Gregor, farm located on the northeast side of the intersection of State Secondary Roads 1310 and 1318.

The Pelletier, Roger, farm located on the northeast side of State Secondary Road 1316 and 0.3 mile northwest of its intersection with State Secondary Road 1318.

The Sutton, Nancy, farm located on the south side of State Secondary Road 1330 and 0.5 mile east of its intersection with State Secondary Road 1331.

The Waters, Thomas, Estate farm located on both sides of State Secondary Road 1318 and 0.3 mile north of its intersection with State Secondary Road 1317.

Pender County. The Barnhill, Frank, farm located on the south side of State Highway

210 and 0.1 mile of the junction of this highway and State Secondary Road 1130.

The Corbett Farming Co. farm located on a field road 1.7 miles east of U.S. Highway 117 and 0.3 mile south of its intersection with State Secondary Road 1411.

The Kea, Leo, farm located 0.3 mile east of State Secondary Road 1105 and 1.2 miles south of its intersection with State Secondary Road 1104.

The Kea, Nora, farm located 0.1 mile west of the west end of State Secondary Road 1108.

The Keith, F.R., farm located on both sides of State Secondary Road 1130 and 0.7 mile west of the junction of this road and State Highway 210.

The McCallister, Mary, farm located 0.2 mile east of State Secondary Road 1105 and 1.1 miles south of its intersection with State Secondary Road 1104.

The Manuel, George, farm located 0.1 mile south of State Highway 210 and 0.2 mile west of its junction with State Secondary Road 1103.

The Nixon, Rosa, farm located on both sides of State Highway 210 and on the west side of State Secondary Road 1599.

The Squires, Nelson, farm located 0.4 mile south of the junction of State Secondary Road 1211 and State Secondary Road 1212 on the west side of 1211.

The Squires, Nelson, farm located on the south side of State Secondary Road 1103 and 1.5 miles south, southeast of the junction of this road with State Secondary Road 1104.

The Thompson, Dick, farm located on the south side of State Secondary Road 1108 and 0.5 mile northwest of its intersection with State Secondary Road 1107.

The Williams, Sidney, farm located on a field road 0.2 mile north of State Secondary Road 1102 and 1.0 mile northwest of its intersection with North Carolina Highway 210.

The Zibelin, John R., farm located 0.5 mile east of State Secondary Road 1105 and 1.2 miles south of its intersection with State Secondary Road 1104.

Pitt County. The Cannon, Bruce, farm located on the west side of State Secondary Road 1918 and 0.3 mile north of its junction with State Secondary Road 1917.

The Cannon, James, farm located 5.4 miles northeast of Grifton on the west side of State Secondary Road 1918 and 0.1 mile north of its junction with State Secondary Road 1917.

The Couch, Ruth, farm located on the east side of State Secondary Road 1918 and 0.3 mile north of its junction with State Secondary Road 1917.

The Garris, Bruce, farm located 0.1 mile south of the intersection of State Secondary Road 1916 and State Highway 118 and 0.2 mile east of the intersection of State Secondary Road 118 with a field road.

The Nobles, Barbara, farm located on the west side of State Secondary Road 1918 and 0.1 mile south of its junction with State Secondary Road 1919.

Robeson County. The entire county.

Sampson County. That area bounded by a line beginning at a point where State Secondary Road 1927 intersects the SampsonDuplin County line, then southerly and easterly along this county line to its junction with the Sampson-Pender County line, then southwesterly along this county line to its junction with the Sampson-Bladen County line, then northwesterly along this county line to its junction with the Sampson-Cumberland County line, then northwesterly, north, and northeast along this county line to its junction with the Sampson-Harnett County line, then easterly along this county line to its junction with the Sampson-Johnston County line, then southeast along this county line to its intersection with North Carolina Highway 242, then south along this highway to its junction with U.S. Highway 421, then southeast along this highway to its intersection with U.S. Highway 701, then north along this highway to its junction with North Carolina Highway 403, then east along this highway to its junction with State Secondary Road 1919, then east along this highway to its intersection with State Secondary Road 1909, then southeast along this road to its intersection with State Secondary Road 1004, then southeast along this road to its junction with State Secondary Road 1911, then southeasterly along this road to its junction with State Secondary Road 1927, then southerly along this road to the point of beginning.

The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road 1736 and 1 mile south of its intersection with State Secondary Road 1731.

The Pate, Ray, farm located on the west side of State Secondary Road 1738 and 0.6 mile southeast of its intersection with State Secondary Road 1940.

The Strickland, Edgebert, farm located on the north side of State Highway 421 and 1 mile east of its intersection with State Secondary Road 1703.

Wayne County. The Greenfield, William, No. 1, farm located 4 miles west of the Seven Springs on State Secondary Road 1744, 0.2 mile west of the junction of this road and State Secondary Road 1913.

The Dunn, Dale, farm located on the west side of State Secondary Road 1009 and 0.6 mile north of its intersection with State Secondary Road 1101.

The McClenny, George A., No. 1, farm located on the south side of State Secondary Road 1007 and 0.1 mile west of its junction with North Carolina Highway 581.

SOUTH CAROLINA

(1) Generally infested areas. None.

(2) Suppressive areas.

Dillon County. That area bounded by a line beginning at a point where State Secondary Highway 22 intersects the South CarolinaNorth Carolina state line and extending south along said highway 22 to its junction with State Secondary Highway 45, then southwest along said Highway 45 to its intersection with the Little Pee Dee River, then northerly along said river to its intersection with Interstate 95, then southwest along said I-95 to its intersection with Reedy Creek, then northwest along Reedy Creek to its intersection with the Dillon-Marlboro County line, then northeast along said county line to its junction with the South CarolinaNorth Carolina state line, then southeast along said state line to the point of beginning.

The Elvington, Clifton, Estate located on both sides of a dirt road and 0.5 mile west of the junction of the dirt road and State Primary Highway 41, this junction being 0.4 mile south of the junction of highway 41 and State Secondary Highway 34.

The Elvington, William, farm located on both sides of a dirt road and 0.2 mile northeast of the junction of the dirt road and State Secondary Highway 74, this junction being 1.7 miles south of the junction of highway 74 and State Primary Highway 41.

The Wise, Wilbur, farm located on the south side of a field road and 0.15 mile southeast of the junction of the road with State Secondary Road 626 and 0.55 mile southwest of the intersection of State Secondary Road 625 with State Highway 38.

Horry County. That area bounded by a line beginning at a point where U.S. Highway 76 intersects the South Carolina-North Carolina State line, then south along highway 76 to its junction with State Secondary Highway 44, then south along highway 44 to its junction with State Secondary Highway 19, then south along highway 19 to its junction with Honey Camp Branch, then southwest along Honey Camp Branch to its junction with Lake Swamp, then east along Lake Swamp to its junction with Prince Mill Swamp, then south along Prince Mill Swamp to its junction with State Secondary Highway 309, then southwest along highway 309 to its junction with State Secondary Highway 45, then southwest along highway 45 to its junction with State Secondary Highway 129, then northwest along highway 129 to its junction with U.S. Highway 501, then northwest along highway 501 to its junction with the Little Pee Dee River, then northeast along the Little Pee Dee River to its junction with the Lumber River, then northeast along Lumber River to its junction with the South Carolina-North Carolina State line, then southeast along the State line to the point of beginning.

That area bounded by a line beginning at the junction of U.S. Highway 19, State Pri

mary Highway 91, and State Primary Highway 90, then east along highway 90 to its junction with State Secondary Highway 1029, then south along highway 1029 to its junction with a dirt road known as the Telephone Road, then extending northwest along a line to the beginning of the south branch of Jones Big Swamp, then northerly along Jones Big Swamp to its junction with State Primary Highway 90, then east along highway 90 to the south branch of Mills Swamp.

The Allsbrook, J.R., farm located on the south side of a dirt road and 0.2 mile east of the junction of the dirt road with State Secondary Highway 19, this junction being 1.1 miles south of the junction of highway 19 and State Secondary Highway 139.

The Chestnut, J.B., farm located on the east side of a dirt road and 0.8 mile east of its junction with a second dirt road, this junction being 0.5 mile south of the junction of the second dirt road with State Primary Highway 90, this junction being 0.8 mile south of the junction of highway 90 with State Secondary Highway 31.

The Cooper, Thomas B., farm located northeast of a dirt road and 0.75 mile northwest of the junction of this dirt road with rural paved road No. 109, this junction being 2.25 miles northeast of the junction of road 109 with rural paved road No. 79.

The Cox, Nancy T., farm located on the northwest corner of the junction of two dirt road, this junction being 0.8 mile northeast of the junction of State Secondary Road 105 and State Secondary Road 377. One of the dirt roads is an extension of State Secondary Road 105.

The Edge, Nina L., farm located on the south side of a dirt road 0.7 mile east of its junction with a second dirt road, this junction being 0.5 mile south of the junction of the second dirt road with State Primary Highway 90, this junction being 0.8 mile south of the junction of highway 90 with State Secondary Highway 31.

The Graham, Mammie, farm located on the east side of a dirt road and 0.2 mile south of the junction of the dirt road with State Secondary Highway 309, this junction being 1.5 miles west of the junction of highway 309 and State Secondary Highway 19.

The Harden, John, farm located on the northwest side of a dirt road and 0.4 mile northeast of the junction of this dirt road with the junction of State Secondary Roads 105 and 377.

The Livingston, W.S., farm located on the south side of a dirt road and 0.6 mile east of its junction with a second dirt road, this junction being 0.5 mile south of the junction of the second dirt road and State Primary Highway 90, this junction being 0.8 mile south of the junction of highway 90 and State Secondary Highway 31.

The Martin, Daniele E., farm located on the east side of State Primary Highway 90

and 0.9 mile northeast of the junction of highway 90 with State Secondary Highway 377.

The Stevens, James, farm located on the south side of a dirt road and 0.3 mile northeast of its junction with State Secondary Highway 112, this junction being 1.2 miles east of the junction of highway 112 with State Secondary Highway 139.

The Thomas, Fred, farm located on the west side of a dirt road and 0.1 mile northwest of the junction of the dirt road with State Primary Highway 90, this junction being 3.2 miles south of the junction of highway 90 and State Secondary Highway 31.

The Thomas, Hubert, farm located on the west side of a dirt road and 0.3 mile northwest of the junction of the dirt road with State Primary Highway 90, this junction being 3.2 miles south of the junction of highway 90 and State Secondary Highway 31.

The Thomas, J.R., farm located on the west side of a dirt road and 0.2 mile northwest of the junction of the dirt road with State Primary Highway 90, that junction being 3.2 miles south of the junction of highway 90 and State Secondary Highway 31.

The Warren, Kevin, farm located on the west side of a dirt road and 0.2 mile north of its junction with State Primary Highway 90, this junction being 0.5 mile east of the junction of highway 90 with State Secondary Highway 377.

Marion County. The entire county.

[56 FR 29890, July 1, 1991; 56 FR 37606, Aug. 7, 1991; 56 FR 41890, Aug. 23, 1991; 58 FR 217, Jan. 5, 1993; 58 FR 11099, Feb. 23, 1993; 58 FR 51980, Oct. 6, 1993; 60 FR 39836, Aug. 4, 1995]

§301.80-2b Exempted articles. 1

(a) The following articles are exempt from the certification and permit and other requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (5) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraph:

(1) Small grains, if harvested in bulk or into new or treated containers, and if the grains and containers for the grains have not come in contact with the soil or if they have been cleaned at a designed facility.2

1The articles hereby exempted remain subject to applicable restrictions under other quarantines.

2 Information as to designated facilities, gins, oil mills, and processing plants may be obtained from an inspector. Any facility, gin, oil mill, or processing plant is eligible Continued