Quince (Cydonia oblonga) (Terminalia chebula) Velvet apple (Diospyros discolor) Walnut, English (Juglans regia) catappa) West Indian cherry (Malpighia punicifolia) Ylang-Ylang (Cananga odorata) Any fruits, nuts, vegetables, or berries 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 fruits, nuts, vegetables, or berries listed in paragraph (a) of this section. (c) Any other product, article, or means of conveyance not covered by paragraph (a) or (b) of this section that an inspector determines presents a risk of spread of the Oriental fruit fly and notifies the person in possession of it that the product, article, or means of conveyance is subject to the restrictions of this subpart. [58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993] §301.93-3 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 Oriental fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Oriental fruit fly is present, or that the Administrator considers necessary to regulate because of its proximity to the Oriental fruit fly or its inseparabil ity for quarantine enforcement purposes from localities in which the Oriental 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 substantially the same as 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 Oriental 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 quarantined areas. The Administrator will give 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 а 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 will 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 Oriental fruit fly is not known to exist anywhere in the continental United States. [58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995] § 301.93-4 Conditions governing the interstate movement of regulated articles from quarantined areas. Any regulated article may be moved interstate from a quarantined area only if moved under the following conditions: 2 (a) With a certificate or limited permit issued and attached in accordance 2 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. with §§ 301.93-5 and 301.93-8 of this subpart; (b) Without a certificate or limited permit, if: (1) The regulated article originated outside of any quarantined area and is moved directly through (without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs) the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Oriental fruit flies (such as canvas, plastic, or closely woven cloth) while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area. (c) Without a certificate or limited permit, if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a permit issued by the Administrator for the regulated article; (3) Under conditions specified on the permit and found by the Administrator to be adequate to prevent the spread of Oriental fruit fly; and (4) 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 not in a container. (Approved by the Office of Management and Budget under control number 0579-0088) §301.93-5 Issuance and cancellation of certificates and limited permits. (a) An inspector3 will issue a certificate for the interstate movement of a 3 Inspectors are assigned to local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories. Information concerning these 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. regulated article if the inspector determines that: (1) (i) The regulated article has been treated in accordance with § 301.93-10 of this subpart; or (ii) Based on inspection of the premises of origin, or treatment of the premises of origin in accordance with §301.93-10(c) of this subpart, the premises are free from Oriental fruit flies and the regulated article has not been exposed to Oriental fruit fly; or (iii) Based on inspection of the regulated article, it is free of Oriental fruit fly; 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); 4 to prevent the spread of the Oriental fruit fly; and (3) The regulated article is eligible for unrestricted movement under all other Federal domestic plant quarantines and regulations applicable to the regulated article. (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1) The regulated article is to be moved interstate to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the Oriental fruit fly because life stages of the Oriental fruit fly will be destroyed by the specified handling, utilization, or processing. (2) The regulated article is to be moved interstate 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 Oriental fruit fly; and (3) The regulated article is eligible for interstate movement under all 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 or infected by or contain plant pests. other Federal domestic plant quarantines and regulations applicable to the regulated article. (c) Certificates and limited permits for use for interstate movement of regulated articles may be issued by an inspector or person engaged in growing, handling, or moving regulated articles provided the person is operating under a compliance agreement. A person operating under a compliance agreement may execute 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 execute 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. (d) Any certificate or limited permit that has been issued may be withdrawn by an inspector orally or in writing, if the inspector 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 a hearing will be adopted by the Administrator. (Approved by the Office of Management and Budget under control number 0579-0088) [58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994] $301.93-6 Compliance agreements and cancellation. (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the interstate movement of regulated articles under this subpart.5 (b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will 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 a hearing shall be adopted by the Administrator. [58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994] § 301.93-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under §301.93-5(c)), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector as far in advance of the desired interstate movement as possible 5 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, and from local offices of the Animal and Plant Health Inspection Service, which are listed in telephone directories. 6 See footnote 3 at §301.93-5(a). 174-011 0-97--5 (but no less than 48 hours before 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. §301.93-8 Attachment and disposition of certificates and limited permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during the interstate movement, must be attached to the outside of the container containing the regulated article, attached to the regulated article itself if not in a container, or attached to the consignee's copy of the accompanying waybill: Provided however, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill only if the regulated article is sufficiently described on the certificate, limited permit, or 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) §301.93-9 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. §301.93-10 Treatments. Treatment schedules listed in the Quarantine Plant Protection and Treatment manual to destroy the Oriental fruit fly are approved for use on regulated articles. The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see $300.1 of this chapter, "Materials incorporated by reference". The following treatments can be used for bell pepper, citrus and grape, tomato, premises, and soil: (a) Fruits and vegetables7—(1) Bell Pepper-(i) Vapor Heat. Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of bell pepper reaches 44.4 °C (112 °F.). Maintain at 44.4 °C. (112 °F.) for 8 hours, then immediately cool. (2) Citrus and grapes-(i) Fumigation plus refrigeration. Fumigate at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 32 g/m3 methyl bromide at 21 °C. (70 °F.) or above, minimum gas concentrations 25 g/m3 at 1⁄2 hour, 18 g/m3 at 2 or 21⁄2 hours, 17 g/m3 at 3 hours. Fumigate for a minimum of 2 hours. Then, aerate fruit at least 2 hours before refrigeration (but begin refrigeration no more than 24 hours after fumigation is completed). Refrigerate based upon fumigation exposure time listed in the table below: (ii) Refrigeration plus fumigation. Refrigerate for 21 days at 0.55 °C. (33 °F.) or below, then fumigate at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with (A) 48 g/m3 (3 lb/1000 ft3) methyl bromide for 2 hours at 4.5 °C. (40-59 °F.), minimum gas concentration 44 g/m3 at 1⁄2 hour, 36 g/m3 at 2 hours; or (B) 40 g/m3 (21⁄2 lb/1000 ft3) methyl bromide for 2 hours at 15.5-20.5 °C. (60-69 °F.), minimum gas concentration 36 g/ m3 at 1⁄2 hour, 28 g/m3 at 2 hours; or (C) 32 g/m3 (2 lb/1000 ft3) methyl bromide for 2 hours at 21-26 °C. (70–79 °F.), minimum gas concentration 30 g/m3 at 1⁄2 hour, 25 g/m3 at 2 hours. (3) Tomato (i) Fumigation. Fumigate with methyl bromide at normal atmospheric pressure (chamber or tarpaulin, 7 Some varieties of fruit may be injured by approved treatments. The USDA is not liable for damages caused by this quarantine. Commodities should be tested by the shipper to determine each commodity's tolerance before commercial shipments are attempted. load not to exceed 80%) with 32g/m3 (2 lb/1000 ft3) for 31⁄2 hours at 21 °C. (70 °F.) or above, minimum gas concentration 26 g/m3 at 1⁄2 hour, 14 g/m3 at 4 hours. (ii) Vapor heat. Heat by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of tomato reaches 44.4 °C. (112 °F.). Maintain at 44.4 °C. (112 °F.) for 834 hours, then immediately cool. (b) Premises. A field, grove, or area that is located within the quarantined area but outside the infested core area, and that produces regulated articles, must receive regular treatments with malathion bait spray. These treatments must take place at 6- to 10-day intervals, starting a sufficient time before harvest (but not less than 30 days before harvest) to allow for completion of egg and larvae development of the Oriental Fruit Fly. Determination of the time period must be based on the day degrees model for Oriental fruit fly. Once treatment has begun, it must continue through the harvest period. The malathion bait spray treatment must be applied by aircraft or ground equipment at a rate of 2.4 ounces of technical grade malathion and 9.6 ounces of protein hydrolysate per acre. (c) Soil. Soil within the drip area of plants which are producing or have produced the fruits, nuts, vegetables, and berries listed in §301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds active ingredient per acre to the soil within the drip area with sufficient water to wet the soil to at least a depth of 1⁄2 inch. Both immersion and pour-on treatment procedures are also acceptable. [58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993] PART 318-HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES Subpart-Hawaiian Fruits and Vegetables QUARANTINE Sec. 318.13 Notice of quarantine. 318.13a Administrative instructions providing exemptions from specified requirements. RULES AND REGULATIONS 318.13-1 Definitions. 318.47 Notice of quarantine. |