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 Primary 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 north

east 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

(2) Soybeans, when determined by an inspector that the soybeans were

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 for designation under this subpart if the operator thereof enters into a compliance agreement (as defined in § 301.80-1(b)).

grown, harvested, and handled in a manner to prevent contamination from witchweed seed.

(3) Pickling cucumbers, string beans, and field peas, if washed free of soil with running water.

(4) Used farm tools, if cleaned free of soil.

(5) Used mechanized cultivating equipment and used mechanized soilmoving equipment, if cleaned free of soil.

(b) The following article is exempt from the certification and permit requirements of § 301.80-4 under the applicable conditions as prescribed in paragraph (b)(1) of this section:

(1) Seed cotton, if moving to a designated gin.2

[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988]

$301.80-3 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:

(i) From any regulated area under the provisions of §301.80-2b 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 the articles has been notified by an inspector that a hazard of spread of the witchweed exists; or

(v) Through or reshipped from any regulated area if the articles originated outside of any regulated area and if the point of origin of the articles is clearly indicated, their identity has been maintained, and they have been safeguarded against infestation while in the regulated area in a manner satisfactory to the inspector; or

(3) From any area outside the regulated areas, if moved:

(i) With a certificate or permit attached; or

(ii) Without a certificate or permit, if:

(A) The regulated articles are exempt from certification and permit requirements under the provisions of §301.802b; or

(B) The point of origin of such movement is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.

(b) Unless specifically authorized by the Deputy Administrator in emergency situations, soil samples for processing, testing, or analysis may be moved interstate from any regulated area only to laboratories approved by the Deputy Administrator and so listed by him in a supplemental regulation. 5 A certificate or permit will not be required to be attached to such soil samples except in those emergency situations where the Deputy Administrator

4 Pamphlets containing provisions for laboratory approval may be obtained from the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.

5 For list of approved laboratories, see (41 FR 4615 and amendments thereof).

has authorized such movement to another destination with a certificate or permit issued and attached in accordance with §§ 301.80-4(d) and 301.80-7. Soil samples originating in areas outside of the regulated areas will not require such a certificate or permit and their movement is not restricted to approved laboratories if the point of origin of such samples is clearly indicated on the articles or shipping document which accompanies the articles and if the movement is not made through any regulated area.

[41 FR 27373, July 2, 1976]

§301.80-4 Issuance and cancellation of certificates and permits.

(a) Certificates may be issued for any regulated articles (except soil samples for processing, testing, or analysis) by an inspector if he determines that they are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles and:

(1) Have originated in noninfested premises in a regulated area and have not been exposed to infestation while within the regulated areas; or

(2) Have been treated to destroy infestation in accordance with the treatment manual; or

(3) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby.

(b) Limited permits may be issued by an inspector to allow interstate movement of regulated articles (except soil samples for processing, testing, or analysis) not eligible for certification under this subpart, to specified destinations for limited handling, utilization, or processing, or for treatment in accordance with the treatment manual, when upon evaluation of the circumstances involved in each specific case he determines that such movement will not result in the spread of witchweed and requirements of other applicable Federal domestic plant quarantines have been met.

(c) Restricted destination permits may be issued by an inspector to allow the interstate movement (for other

than scientific purposes) of regulated articles (except soil samples for processing, testing, or analysis) to any destination permitted under all applicable Federal domestic plant quarantines if such articles are not eligible for certification under all such quarantines but would otherwise qualify for certification under this subpart.

(d) Scientific permits to allow the interstate movement of regulated articles, and certificates or permits to allow the movement of soil samples for processing, testing, or analysis in emergency situations, may be issued by the Deputy Administrator under such conditions as may be prescribed in each specific case by the Deputy Administrator to prevent the spread of witchweed.

(e) Certificate, limited permit, and restricted destination permit forms may be issued by an inspector to any person for use by the latter for subsequent shipments of regulated articles (except soil samples for processing, testing, or analysis) provided such person is operating under a compliance agreement; and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise. Any such person may execute and issue the certificate forms, or reproductions of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such articles. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. Any such person may execute and issue the restricted destination permit forms, or reproductions of such forms, for the interstate movement of regulated articles not eligible for certification under all Federal domestic plant quarantines applicable to such

articles, under the conditions specified in paragraph (c) of this section.

(f) Any certificate or permit which has been issued or authorized may be withdrawn by the inspector or the Deputy Administrator if he determines that the holder thereof has not complied with any condition for the use of such document imposed by this subpart. As soon as possible after such withdrawal, the holder of the certificate or permit shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present his views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]

§301.80-5 Compliance agreements; and cancellation thereof.

(a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector.

(b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement whenever he finds that such other party has failed to comply with the conditions of the agreement. As soon as possible after such cancellation, such party shall be notified in writing by the Deputy Administrator or an inspector of the reason therefor and afforded reasonable opportunity to present views thereon, and if there is a conflict as to any material fact, a hearing shall be held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]

§301.80-6 Assembly and inspection of regulated articles.

Persons (other than those authorized to use certificates, limited permits, or restricted destination permits, or reproductions thereof, under §301.80-4(e)) who desire to move interstate regulated articles which must be accom

panied by a certificate or permit shall, as far in advance as possible, request an inspector to examine the articles prior to movement. Such articles shall be assembled at such points and in such a manner as the inspector designates to facilitate inspection.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]

§ 301.80-7 Attachment and disposition of certificates or permits.

(a) If a certificate or permit is required for the interstate movement of regulated articles, the certificates or permit shall be securely attached to the outside of the container in which such articles are moved except that, where the certificate or permit is attached to the waybill or other shipping document, and the regulated articles are adequately described on the certificate, permit or shipping document, the attachment of the certificate or permit to each container of the articles is not required.

(b) In all cases, certificates or permits shall be furnished by the carrier to the consignee at the destination of the shipment.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]

§ 301.80-8 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 witchweed 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 Deputy Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 41 FR 27374, July 2, 1976]

§301.80-9 Movement of witchweed.

Regulations requiring a permit for, and otherwise governing the movement of witchweed in interstate or foreign commerce are contained in the Federal plant pest regulations in part 330 of this chapter. Applications for permits