Luce County. The entire county. Manistee County. The entire county. Missaukee County. The entire county. Montmorency County. The entire county. St. Clair County. The entire county. NEW YORK Allegany County. The entire county. OHIO Allen County. The entire county. Ashland County. The entire county. Ashtabula County. The entire county. Auglaize County. The entire county. Carroll County. The entire county. Columbiana County. The entire county. Crawford County. The entire county. Cuyahoga County. The entire county. Defiance County. The entire county. Delaware County. The entire county. Erie. The entire county. Fulton County. The entire county. Geauga County. The entire county. Lake County. The entire county. PENNSYLVANIA Allegheny County. The entire county. Brooke County. The entire county. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 1997; 63 FR 25155 May 7, 1998] §301.50-4 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 §§ 301.50-5 and 301.50-8 of this subpart; (b) Without a certificate or limited permit, if: (1)(i) The regulated article originates outside any quarantined area and is moved through the quarantined area without stopping (except for dropoff loads, refueling, or traffic conditions, such as traffic lights or stop signs) dur 2 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. ing October, November, or December or when ambient air temperature is below 10 °C (50 °F); or (ii) The regulated article originates outside any quarantined area and, during the period of January through September, is moved through the quar antined area at a temperature higher than 10 °C (50 °F), if the article is shipped in an enclosed vehicle or com pletely covered (such as with plastic canvas, or other closely woven cloth so as to prevent access by the pine shoot beetle; and (2) The point of origin of the regu lated article is indicted on the waybill (c) With a limited permit issued by the Administrator if the regulated arti cle is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; ៩. (2) Under conditions, specified on the permit, which the Administrator has found to be adequate to prevent the spread of the pine shoot beetle; and (3) With a tag or label, bearing the number of the permit issued for the regulated article, attached to the outside of the container of the regulated article or attached to the regulated article itself, if the regulated article is not in a container. [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993] §301.50-5 Issuance and cancellation of certificates and limited permits. (a) A certificate will be issued by an inspector3 for the interstate movement of a regulated article if the inspector determines that: (1)(i) The regulated article has been treated under the direction of an inspector in accordance with § 301.50-10 of this subpart; or (ii) Based on inspection of the premises of origin, if the regulated article is a greenhouse-grown pine (such as bonsai), that the greenhouse is free from the pine shoot beetle and is screened to prevent entry of the pine shoot beetle; or (iii) Based on inspection of the regulated article, if the regulated article is a pine seedling or a pine transplant and is no greater than 36 inches high with a bole diameter at soil level of 1 inch or less, that it is free from the pine shoot beetle; or (iv) Based on inspection by an inspector (branch tip-by-branch tip) of pine nursery stock, that it is free from the pine shoot beetle; or (v) If the regulated article is a pine log with bark attached or pine lumber with bark attached or a pine stump, that its source tree has been felled during the period of July through October; and 3 Services of an inspector may be requested by contacting the local offices of Plant Protection and Quarantine, which are listed in telephone directories. The addresses and telephone numbers of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (2)(i) The regulated article will be moved through the quarantined area during October, November, or December, or when the ambient air temperature is below 10 °C (50 °F); or (ii) The regulated article will be moved through the quarantined area during the period of January through September, if the ambient air temperature is 10 °C (50 °F) or higher, in an enclosed vehicle or completely enclosed by a covering adequate to prevent access by the pine shoot beetle; or (iii) The pine log with bark attached, pine lumber with bark attached, or pine stump, from a tree felled during the period of July through October, will be shipped interstate from the quarantined area during the period of July through October; and (3) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose, under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),4 to prevent the spread of the pine shoot beetle; and (4) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated articles. (b) An inspector 5 will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1)(i) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the pine shoot beetle. If the regulated article is part of a shipment of pine Christmas trees, the inspector will make a pest-risk determination on the basis of an inspection conducted in accordance with §301.50-5(c) of this paragraph; or 4 Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) provides that the Secretary of Agriculture may-under certain conditions-seize, quarantine, treat, destroy, or apply other remedial measures to articles that the Administrator has reason to believe are infested, infected by, or contain plant pests. 5 See footnote 3 to §301.50-5(a). (ii) The regulated article is to be moved interstate from a quarantined area to a quarantined area and will transit any non-quarantined area in an enclosed vehicle or completely enclosed by a covering adequate to prevent access by the pine shoot beetle; and (2) The regulated article is to be moved in compliance with any additional emergency conditions the Administrator may impose, under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent the spread of the pine shoot beetle; and (3) The regulated article is eligible for interstate movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) The number of pine Christmas trees randomly selected for inspection is determined by the size and type of shipment, in accordance with the following tables. If a shipment mixes painted and natural trees, the inspection procedure for painted trees will apply. 1 If a pine shoot beetle is detected in any one of the trees being sampled, the entire shipment must be rejected. If no pine shoot beetle is detected in any of the trees sampled, the shipment will be allowed to move with a limited permit. The limited permit must state, "All trees that remain unsold as of December 25 must be destroyed by burning or chipping, or must be fumigated, prior to January 1." (d) Certificates and limited permits for use for interstate movement of reg. ulated articles may be issued by an inspector or person operating under a compliance agreement. A person operating under a compliance agreement may issue a certificate for the interstate movement of a regulated article if an inspector has determined that the regulated article is otherwise eligible for a certificate in accordance with paragraph (a) of this section. A person operating under a compliance agreement may issue a limited permit for interstate movement of a regulated article when an inspector has determined that the regulated article is eligible for a limited permit in accordance with paragraph (b) of this section. (e) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally, or in writing, if he or she determines that the holder of the certificate or limited permit has not complied with all conditions under this subpart for the use of the certificate or limited permit. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit has been withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the withdrawal. 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. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning such 1 the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, 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. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning such a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 30, 1994] 6 Compliance agreement forms are available without charge from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. §301.50-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under §301.50-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector, at least 48 hours in advance of the desired interstate movement. (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993] §301.50-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article must be attached, at all times during the interstate movement, to the outside of the container containing the regulated article, or to the regulated article itself, if not in a container. The requirements of this section may also be met by attaching the certificate or limited permit to the consignee's copy of the waybill, provided the regulated article is sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article. (Approved by the Office of Management and Budget under control number 0579-0088) [57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993] §301.50-9 Costs and charges. The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The user will be responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. 7 See footnote 3 to § 301.50-5(a). |