public, livestock, and wildlife to treated areas. 9. Accidental spill or water runoff of liquid or granular pesticides leading to potential contamination of ground and surface waters must be minimized by appropriate operating procedures. Catchment facilities (temporary or permanent) adequate to prevent contamination of ground and surface water are necessary in loading areas where liquid drenches and immersions are applied. 10. An environmental monitoring plan, including monitoring procedures, must be implemented by APHIS. Monitoring must be conducted to determine if additional mitigative measures are necessary. [57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59 FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June 5, 1997] Subpart-Unshu Oranges [Reserved] Subpart-Golden Nematode SOURCE: 37 FR 24330, Nov. 16, 1972, unless otherwise noted. QUARANTINE AND REGULATIONS 8301.85 Quarantine; restriction on interstate movement of specified regulated articles. (a) Notice of quarantine. Pursuant to the provisions of sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 161, $162, 150ee), the Secretary of Agriculture heretofore determined after public hearing that it was necessary to quarantine the State of New York in order to prevent the spread of the golden nematode (Heterodera rostochiensis), which causes a dangerous disease of potatoes and certain other plants, and not theretofore widely prevalent or distributed within and throughout the * United States. Therefore, under the authority of said provisions, the Secretary hereby continues to quarantine the State of New York, with respect to the interstate movement from the quarantined State of the articles described in paragraph (b) of this section, issues the regulations in this subpart › governing such movement, and gives notice of said quarantine and regulations. (b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quarantined State any of the following articles (defined in §301.85–1(q) as regulated articles), except in accordance with the conditions prescribed in this subpart: (1) Soil, compost, humus, muck, peat, and decomposed manure, separately or with other things. (2) Plants with roots, except soil-free aquatic plants. (3) Grass sod. (4) Plant crowns and roots for propagation. (5) True bulbs, corms, rhizomes, and tubers of ornamental plants. (6) Irish potatoes included within any one or more of the following paragraph (b)(6)(i), (ii), or (iii) of this section: (i) Irish potatoes for seed; and (A) Each is at least 11⁄2 inches in diameter based on measurement by a sizing screen or sizing chain, each is substantially free of soil as a result of grading (a method of removing soil mechanically) under a compliance agreement in accordance with §301.85-5(b), and they are moved in an approved container; or (B) Each is substantially free of soil as a result of washing or fluming under a compliance agreement in accordance with §301.85-5(b), and they are moved in an approved container; or (iii) Irish potatoes harvested from a field tested and found by an inspector to contain an identifiable population of viable golden nematodes, unless such field had been subsequently treated in accordance with paragraph (b)(6)(ii) (A), (B), or (C) of this section under the supervision of an inspector and in accordance with any additional conditions found necessary by the inspector to assure effective application of the pesticide used; and unless headlands and farm roads are treated in accordance with paragraph (b)(6)(iii)(D) of this section: (A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 80 percent; plus methyl isothiocyanate, 20 percent active ingredients) per hectare (15 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist; soil to be from 3° C to 29° C (38° F to 84° F). (B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 dichloropropane, and other related compounds, 100 percent active ingredients) per hectare (30 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5° C to 29° C (40° F to 84° F). (C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 92 percent active ingredient) per hectare (18 gallons per acre); two applications 5 to 10 days apart with a third application 5 to 10 days after the second application to areas in which the inspector finds upon microscopic examination of soil samples that viable golden nematodes may still exist (consult product label for heavier dosage in muck or peat soils); soil to be from 4.5° C to 32° C (40° F to 90° F). (D) Application of Vapam (sodium-Nmethyl dithiocarbamate, 32.7 percent active ingredient) mixed with water at the rate of 1 part Vapam to 60 parts water and applied as a drench at the rate of 14.96 cubic meters per hectare (1600 gallons per acre); soil to be from 4.5° C to 32° C (40° F to 90° F). (7) Root crops other than Irish potatoes. (8) Small grains and soybeans. (9) Hay, straw, fodder, and plant litter, of any kind. (10) Ear corn, except shucked ear corn. (11) Used crates, boxes, and burlap bags, and other used farm products containers. (12) Used farm tools. (13) Used mechanized cultivating equipment and used harvesting equipment. (14) Used mechanized soil-moving equipment. (15) Any other products, articles, or means of conveyance of any character whatsoever, not covered by paragraphs (b) (1) through (14) of this section, when it is determined by an inspector that they present a hazard of spread of golden nematode, and the person in possession thereof has been so notified. [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982] §301.85-1 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: (a) Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination. (b) Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection ar Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the oper ations of such person. (c) Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other officer or employee of said serv ice to whom authority to act in his stead has been or may hereafter be delegated. (d) Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, shovels, axes, hammers, and saws. (e) Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with § 301.85-2. (f) Golden nematode. The nematode known as the golden nematode (Heterodera rostochiensis), in any stage of development. (g) Infestation. The presence of the golden nematode or the existence of circumstances that make it reasonable to believe that the golden nematode is present. (h) Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the Quarantine and regulations in this subpart. (i) Interstate. From any State into or through any other State. (j) Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a I specified destination for limited hanIdling, utilization or processing or for treatment. (k) Mechanized cultivating equipment; and mechanized harvesting equipment. : Mechanized equipment used for soil tillage, including tillage attachments for farm tractors, e.g., tractors, disks, plows, harrows, planters, and subsoilers; mechanized equipment used for harvesting purposes, e.g., combines, potato conveyors, and harvesters and hay balers. (1) Mechanized soil-moving equipment. Equipment used for moving or trans✰ porting soil, e.g., draglines, bulldozers, dump trucks, road scrapers, etc. (m) Moved (movement, move). Shipped, deposited for transmission in the mail, otherwise offered for shipment, received for transportation, carried, or otherwise transported, or moved, or allowed to be moved, by mail or otherwise. "Movement" and "move" shall be construed in accordance with this definition. (n) Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. (0) Plant Protection and Quarantine Programs. The organizational unit within the Animal and Plant Health Inspection Service delegated responsibility for enforcing provisions of the Plant Quarantine Act and Federal Plant Pest Act, and regulations promulgated thereunder. (p) Regulated area. Any quarantined State, or any portion thereof, listed as a regulated area in § 301-85-2a, or otherwise designated as a regulated area in accordance with §301.85-2(b). (q) Regulated article. Any articles as described in §301.85(b). (r) 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. (s) Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes. (t) Soil. That part of the upper layer of earth in which plants can grow. (u) State. Any State, territory, or district of the United States, including Puerto Rico. (v) Suppressive area. That portion of a regulated area where eradication of infestation is undertaken as an objective, as designated under § 301.85–2(a). (w) Treatment manual. The provisions currently contained in the "Manual of ProceAdministratively Authorized dures to be Used Under the Golden Nematode Quarantine” and the "Fumigation Procedures Manual." 1 [37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982] §301.85-2 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 list as regulated areas, in a supplemental regulation designated as §301.85-2a, each quarantined State; or each portion thereof in which golden nematode has been found or in which there is reason to believe that golden nematode is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from 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. infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area or a generally infested area in accordance with the definitions thereof in §301.85-1. 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 the golden nematode. (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 a suppressive or generally infested area, in accordance with the criteria specified in paragraph (a) of this section for listing 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 §301.85-2a if a basis then exists for their designation; otherwise the designation shall be terminated by the Deputy Administrator or an authorized inspector and notice thereof shall be given to the owner or person in possession of the premises. (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 listed as a regulated area and suppressive or generally infested area when he determines that such designation is no longer required under the criteria specified in paragraph (a) of this section. (d) Exemption of articles from certification, permit, or other requirements. The Deputy Administrator may, in a supplemental regulation designated as §301.85-2b, 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. §301.85-2a Regulated areas; suppressive and generally infested areas. The civil divisions and parts of civil divisions described below are designated as golden nematode regulated areas within the meaning of the provisions of this subpart; and such regulated areas are hereby divided into generally infested areas or suppressive areas as indicated below: NEW YORK (1) Generally infested area: Cayuga County. The town of Montezuma. Genesee County. The towns of Elba and Byron. Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland, Leicester, Lima, Livonia, Mount Morris, West Sparta, and York. Nassau County. The entire county. Orleans County. The towns of Barre and Clarendon. Seneca County. The town of Tyre. Steuben County. The towns of Prattsburg and Wheeler; that area known as "Arkport Muck" located in the town of Dansville and bounded by a line beginning at a point where the Conrail right-of-way (Erie Lackawanna Rail Road) intersects County Road 52 (known as Burns Road), then north and northeast along County Road 52 to its junction with New York Route 36, then south and southeast along New York Route 36 to its intersection with the Dansville Town line, then west along the Dansville Town line to its intersection with the Conrail right-of-way (Erie Lackawanna Rail Road), then north and northwest along the Conrail right-of-way to the point of beginning; and the Werth, Dale, farm, known as the "Werthwhile Farm," located in the town of Cohocton on the north side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of the junction of County Road 5 with County Road 58 (known as Wager Road). Suffolk County. The entire county. Wayne County. The town of Savannah. (2) Suppressive area: None. [51 FR 30050, Aug. 22, 1986] §301.85-2b Exempted articles. 2 (a) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (a) (1) through (4) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs: (1) Small grains, if harvested in bulk or directly into approved containers, and if the small grains and containers It thereof have not come into contact with the soil; or, if they have been cleaned to meet State seed sales requirements. (2) Soybeans (other than for seed), if harvested in bulk or directly into apit proved containers, and if the soybeans and containers thereof have not come into contact with the soil. (3) Unshucked ear corn, if harvested in bulk or directly into approved containers, and if the corn and containers thereof have not come into contact with the soil. (4) Used farm tools, if cleaned free of soil. (b) The following articles are exempt from the certification and permit requirements of this subpart if they meet the applicable conditions prescribed in paragraphs (b) (1) through (3) of this section and have not been exposed to infestation after cleaning or other handling as prescribed in said paragraphs: Provided, That this exemption shall not apply to any class of regulated articles specified by an inspector in a written notification to the owner or person in possession of the premises that the movement of such articles from such premises under this exemption would involve a hazard of spread of the golden nematode: (1) Root crops (other than Irish potatoes and sugar beets), if moved in approved containers. 2 The articles hereby exempted remain subject to applicable restrictions under other quarantines and other provisions of this subpart. (2) Hay, straw, fodder, and plant litter, if moved in approved containers. (c) Containers of the following types are approved for the purposes of this section: (1) New paper bags; and consumer packages of any material except cloth or burlap. (2) Crates, pallet boxes, trucks, and boxcars, if free of soil. [35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982] §301.85-3 Conditions governing the interstate movement of regulated articles from quarantined States. 3 (a) Any regulated articles except soil samples for processing, testing, or analysis may be moved interstate from any quarantined State under the following conditions: (iii) Between any noncontiguous suppressive areas; or (iv) Between contiguous suppressive areas when it is determined by an inspector that the regulated articles present a hazard of the spread of the golden nematode and the person in possession thereof has been so notified; or (v) Through or reshipped from any regulated area when such movement is not authorized under paragraph (a)(2)(v) of this section; or (2) From any regulated area, without certificate or permit if moved: (i) Under the provisions of §301.85-2b which exempts certain articles from certificate and permit requirements; or (ii) From a generally infested area to a contiguous generally infested area; or (iii) From a suppressive area to a contiguous generally infested area; or (iv) Between contiguous suppressive areas unless the person in possession of 3 Requirements under all other applicable Federal domestic plant quarantines must also be met. |