subpart: Arizona, California, Idaho, Nevada, Oregon, Utah, and Washington. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] §301.48-1 Definitions. Terms used in the singular form in this subpart shall be deemed to import the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed, respectively, to mean: Administrator. The Administrator of the Animal and Plant Health Inspection Service or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the U.S. Department of Agriculture. Compliance agreement. Α written agreement between the Animal and Plant Health Inspection Service and a person engaged in the business of moving regulated articles interstate, in which the person agrees to comply with the provisions of this subpart. 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 the provisions of the quarantine and regulations in this subpart. Interstate. From any State into or through any other State. Japanese beetle. The live insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development (egg, larva, pupa, or adult). Person. Any individual, corporation, company, partnership, society, or association, or other organized group of any of the foregoing. Regulated airport. Any airport or portions of an airport in a quarantined State declared regulated in accordance with provisions in §301.48-2 of this subpart. Regulated articles. Aircraft at or from regulated airports. State. Any State, territory, or district of the United States, including Puerto Rico. State Plant Regulatory Official. The authorized official of a State who has responsibility for the operation of the State plant regulatory program. Treatment Manual. The Plant Protection and Quarantine Treatment Manual, which is incorporated by reference at § 300.1 of this chapter. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] § 301.48-2 Authorization to designate, and terminate designation of, regu. lated airports. (a) An inspector may declare any airport within a quarantined State to be a regulated airport when he or she determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in §301.48(b) may be leaving the airport. (b) An inspector shall terminate the designation provided for under paragraph (a) of this section when he or she determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] §301.48-3 Notification of designation, and termination of designation, of regulated airports. Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designation has been terminated. The inspector shall also give the same information in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in §301.48(b). The Administrator shall also give the same information to the State Plant Regulatory Official of each State designated in §301.48(b) to which any regulated article will move. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996] 8301.48-4 Conditions governing the interstate movement of regulated articles from quarantined States. A regulated article may be moved interstate from a regulated airport to any State designated in § 301.48(b) only if: (a) An inspector, upon visual inspection of the airport and/or the aircraft, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present; or (b) The aircraft is opened and loaded only while it is enclosed inside a hangar that an inspector has determined to be free of and safeguarded against Japanese beetle; or (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 a.m. only or lands and departs during those hours and, in either situation, is kept completely closed while on the ground during the hours of 7:00 a.m. to 8:00 p.m.; or (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 p.m., the aircraft is inspected, treated, and safeguarded. Inspection, treatment, and safeguarding must be done either under a compliance agreement in accordance with §301.48-8 or under the direct supervision of an inspector. On a case-bycase basis, inspectors will determine which of the following conditions, and any supplemental conditions deemed necessary by the Administrator to prevent the spread of Japanese beetle, are required: (1) All openings of the aircraft must be closed or safeguarded during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by other means approved by the Administrator. (2) All cargo containers that have not been safeguarded in a protected area must be inspected immediately prior to and during the loading process. All personnel must check their clothing immediately prior to entering the aircraft. All Japanese beetles found must be removed and destroyed. (3) All areas around doors and hatches or other openings in the aircraft must be inspected prior to removing Requirements under all other applicable Federal domestic plant quarantines must be met. the exclusionary devices. All Japanese beetles found must be removed and destroyed. All doors and hatches must be closed immediately after the exclusionary devices are moved away from the aircraft. (4) Aircraft must be treated in accordance with the Treatment Manual no more than 1 hour before loading. Particular attention should be paid to the ball mat area and the holes around the main entrance. The aircraft must then be aerated under safeguard conditions as required by the Treatment Manual. (5) Aircraft treatment records must be maintained by the applicator completing or supervising the treatment for a period of 2 years. These records must be provided upon request for review by an inspector. Treatment records shall include the pesticide used, the date of application, the location where the pesticide was applied (airport and aircraft), the amount of pesticide applied, and the name of the applicator. (6) When a designated aircraft is replaced with an alternate one just prior to departure (the procedure known as "tail swapping"), the alternate aircraft must be inspected and all Japanese beetles must be removed. The aircraft must be safeguarded by closing all openings and hatches or by equipping the aircraft with exclusionary devices until the aircraft is ready for use. During loading, all treatment and safeguard requirements applicable to regularly scheduled aircraft must be implemented. (7) Aircraft may be retreated in the noninfested State if live Japanese beetles are found. (8) Notification of unscheduled commercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in § 301.48(b). Notification of arriving military flights should also be given to base commanders to facilitate the entrance of Federal and/or State inspectors onto the base if necessary. [61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996] §301.48-5 Inspection and disposal of regulated 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 and Japanese beetles 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) in accordance with instructions issued by the Administrator. [44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996] cancellation and the reasons for the cancellation will be confirmed in writing within 20 days of oral notification. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. A hearing will be held to resolve any conflict as to any material fact. The Administrator shall adopt rules of practice for the hearing. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. The compliance agreement will remain canceled pending the decision on the appeal. [61 FR 32641, June 25, 1996] Subpart-Pine Shoot Beetle SOURCE: 57 FR 54496, Nov. 19, 1992, unless otherwise noted. §301.50 Restrictions on interstate movement of regulated articles. Regulated articles may be moved interstate from any quarantined area only in accordance with this subpart.1 [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993] §301.50-1 Definitions. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Certificate. A document in which an inspector, or person operating under a compliance agreement, affirms that a 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). specified regulated article is free of pine shoot beetle 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, in which the person agrees to comply with the provisions of this subpart. Infestation. The presence of the pine shoot beetle or the existence of circumstances that make it reasonable to believe that the pine shoot beetle is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual, authorized by the Administrator to enforce this subpart. Interstate. From any State into or through any other State. Limited permit (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 §301.505(b) of this subpart only to a specified destination and only in accordance with specified conditions. 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. Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted trees, including dug (balled and burlaped) Christmas trees, and ornamental pine, such as bonsai. Pine shoot beetle. The insect known as pine shoot beetle, Tomicus piniperda (Linnaeus), in any stage of development. Quarantined area. Any State, or any portion of a State, listed in § 301.50–3(c) of this subpart or otherwise designated as a quarantined area in accordance with §301.50–3(b) of this subpart. Regulated article. Any article listed in § 301.50-2 (a) or (b) of this subpart or otherwise designated as a regulated article in accordance with §301.50-2(c) of this subpart. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993] $301.50-2 Regulated articles. The following are regulated articles: (a) Pine products (Pinus spp.), as follows: Bark nuggets (including bark chips); Christmas trees; logs with bark attached; lumber with bark attached; nursery stock; pine wreaths and garlands; raw pine materials for pine wreaths and garlands; and stumps. (b) Any article, product, or means of conveyance not covered by paragraph (a) of this section, that presents a risk of spread of the pine shoot beetle and that an inspector notifies the person in possession of it is subject to the restrictions of this subpart. [57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995] §301.50-3 Quarantined areas. (a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area, in paragraph (c) of this section, each State, or each portion of a State, in which the pine shoot beetle has been found by an inspector, in which the Administrator has reason to believe that the pine shoot beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the pine shoot beetle 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 a quarantine and regulations that impose restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of these articles; and (2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the pine shoot beetle. (b) The Administrator or an inspector may temporarily designate any Boone County. The entire county. De Kalb County. The entire county. INDIANA Adams County. The entire county. Huntington. The entire county. Newton County. The entire county. Whitley County. The entire county. MARYLAND Allegany County. The entire county. Garrett County. The entire county. Washington County. The entire county. MICHIGAN Alcona County. The entire county. Bay County. The entire county. Cass County. The entire county. Emmet County. The entire county. Gladwin County. The entire county. Grand Traverse County. The entire county. Gratiot. The entire county. Hillsdale. The entire county. Huron County. The entire county. Ingham County. The entire county. Isabella. The entire county. Jackson. The entire county. Kalkasa County. The entire county. |