limited permit), when, upon evaluation of all of the circumstances involved in each case, it is determined that such movement will not result in the spread of the Mexican fruit fly because life stages of the pest will be destroyed by such specified handling, utilization, processing, or treatment;

(2) Determines that it is to be moved in compliance with any additional emergency conditions necessary to prevent the spread of the Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); 5 and

(3) Determines that it is eligible for such movement under all other Federal domestic plant quarantines and regulations applicable to such article.

(c) Certificates and limited permits for use for movement of regulated articles may be issued by an inspector or person engaged in the business of growing, handling, or moving regulated articles provided such person is operating under a compliance agreement. Any such person may execute and issue a certificate for the interstate movement of a regulated article if such person has treated such regulated article to destroy infestation in accordance with the provisions in § 301.64-10 and the inspector has made the determination that such article is otherwise eligible for a certificate in accordance with paragraph (a) of this section; or if the inspector has made the determination that such article is eligible for a certificate in accordance with paragraph (a) of this section without such treatment. Any such person may execute and issue a limited permit for interstate movement of a regulated article when the inspector has made the determination that such article is eligible for a limited permit in accordance with paragraph (b) of this section.

(d) Any certificate or limited permit which has been issued or authorized may be withdrawn by an inspector if such inspector determines that the holder thereof has not complied with any conditions under the regulations for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or limited permit has been

withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator. § 301.64-6 Compliance

cancellation thereof.

agreement

and

(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 regulated articles under this subpart. The compliance agreement shall be a written agreement between a person engaged in such a business and Plant Protection and Quarantine, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.

(b) Any compliance agreement may be cancelled orally or in writing by the inspector who is supervising its enforcement whenever the inspector finds that such person has failed to comply with the provisions of this subpart or any conditions imposed pursuant thereto. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons

"Compliance Agreement forms are available without charge from the Deputy Administrator, Plant Protection and Quarantine, Animal and Plant Health Inspection Service, Federal Building, Hyattsville, MD 20782, and from local offices of the Plant Protection and Quarantine. (Local offices are listed in telephone directories).

upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. Rules of Practice concerning such a hearing will be adopted by the Deputy Administrator.

§ 301.64-7 Assembly and inspection of regulated articles.

(a) Any person (other than a person authorized to issue certificates or limited permits under § 301.64-5(c)), who desires to move interstate a regulated article accompanied by a certificate or limited permit shall, as far in advance as possible (should be no less than 48 hours before the desired movement), request an inspector' to take any necessary action under this subpart prior to movement of the regulated article.

(b) Such article shall be assembled at such point and in such manner as the inspector designates as necessary to comply with the requirements of this subpart.

§ 301.64-8 Attachment and disposition of certificates and limited permits.

(a) A certificate or limited permit required for the interstate movement of a regulated article, at the times during such movement, shall be securely attached to the outside of the containers containing the regulated article, securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the accompanying waybill or other shipping document; 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 or other shipping documents only if the regulated

'Inspectors are assigned to local offices of Plant Protection and Quarantine which are listed in telephone directories. Information concerning such local offices may also be obtained from the deputy Administrator, Plant Protection and Quarantine, Animal and Plant Health Inspection Service, Federal Building, Hyattsville, MD 20782.

article is sufficiently described on the certificate, limited permit, or shipping document to identify such article.

(b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment.

§ 301.64-9 Costs and charges.

The service of the inspector shall be furnished without cost. The U.S. Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector.

§ 301.64-10 Treatments.

Treatments for regulated articles shall be as follows:

(a) Apple, grapefruit, orange, pear, plum, pomegranate, quince and tangerine:

Cold treat the fruit according to one of the following:

18 days of 0.55°C (33°F) or below 20 days at 1.11°C (34°F) or below 22 days at 1.66°C (35°F) or below

(b) Soil within the drip line of plants which are producing or have produced fruits listed in § 301.64-2(a):

Host fruits must be removed from host plants prior to treatment.

Material: Diazinon

Dosage: Apply five pounds a.i. per acre (0.12 pounds or two ounces avdp. per 1,000

square feet)

Method: Soil drench using ground equipment. Apply with 130 gallons of water per acre (three gallons per 1,000 square feet) under hosts

Frequency/timing: Three applications at 14 to 16 day intervals as needed. Applications may be repeated if infestations become established.

In addition to the above, Diazinon must be applied in accordance with all label directions.

[48 FR 54580, Dec. 6, 1983, as amended at 50 FR 9788, Mar. 12, 1985]

Subpart-Citrus Canker

SOURCE: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.

Terms used in the singular form in this subpart shall be construed as 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.

Certificate. A document which is issued for a regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for interstate movement in accordance with § 301.75-7.

Citrus canker. A plant disease caused by any strain of the bacterium Xanthomonas campestris pv. citri (Hasse) Dye, including any of the Asiatic strains and the Florida nursery strains.

Compliance agreement. A written agreement between Plant Protection and Quarantine and a person engaged in the business of growing, handling, or moving regulated articles, wherein the person agrees to comply with the provisions of this subpart and any conditions imposed pursuant thereto.

Exposed. Suspected by an inspector of containing the bacterium that causes citrus canker because of proximity to an infestation.

Grove. Any stand of trees maintained for the purpose of producing fruit and separated from other trees by a boundary, such as a fence, stream, road, canal, irrigation ditch, hedgerow, open space, or sign or marker denoting change of fruit variety, that is identifiable to an inspector as the boundary of the grove.

Infestation. The presence of citrus canker or the existence of circumstances that make it reasonable for an inspector to believe that citrus canker is present.

Infested. Containing the bacterium that causes citrus canker.

Inspector. Any employee of Plant Protection and Quarantine, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Administrator in accordance with law to enforce the provisions of this subpart. Interstate. From any State into or through any other State.

Limited permit. A document which is issued for a regulated article by an inspector or a person operating under a compliance agreement and which represents that such regulated article is eligible for interstate movement in accordance with § 301.75-7.

Moved. Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means.

Movement or move. The act of shipping, offering for shipment to a common carrier, receiving for transportation or transporting by a common carrier or carrying, transporting, moving, or allowing to be moved by any means.

Nursery. Any premises, including greenhouses, at which plants are grown or maintained for propagation or for replanting, but not including any grove on the premises.

Own-root-only. Plants grown entirely from seeds or cuttings; not grafted. Person. Any individual, partnership, corporation, company, society, association, or other organized group.

Plant Protection and Quarantine. The organizational unit within the Animal and Plant Health Inspection Service, United States Department of

Agriculture, delegated responsibility for enforcing provisions of the Plant Quarantine Act, the Federal Plant Pest Act, and related legislation, and quarantines and regulations promulgated thereunder.

Primary infestation. An infestation that originates in a particular location or that spreads to other plants after being introduced at a particular location.

Quarantined area. Any State, or any portion thereof, listed in § 301.75-3(a) or otherwise designated as a quarantined area in accordance with § 301.753(b).

Regulated article. Any article listed in § 301.75-2(a) or otherwise designated as a regulated article in accordance with § 301.75-2(b).

Regulated fruit, regulated plants, regulated seed, or regulated trees. Fruit, plants, seed, or trees defined as a regulated article.

State. Each of the several States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other Territories and Possessions of the United States.

United States. All of the states of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.

[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4004, Feb. 11, 1988; 54 FR 98, Jan. 5, 1989; 54 FR 12180, Mar. 24, 1989]

§ 301.75-2 Regulated articles.

(a) Plants or plant parts, including fruit and seeds, or any of the following: All species, clones, cultivars, strains, varieties, and hybrids of the genera Citrus and Fortunella, and all clones, cultivars, strains, varieties, and hybrids of the species Clausena lansium and Poncirus trifoliata. The most common of these are: lemon, pummelo, grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, calamondin, trifoliate orange, and wampi.

(b) Any other product, article, or means of conveyance, of any character whatsoever, not covered by paragraph (a) of this section, when it is determined by an inspector that it presents a risk of spread of citrus canker and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subpart.

[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989]

§ 301.75-3 Quarantined areas.

(a) The entire State of Florida.

(b) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area upon a determination that an infestation exists. Written notice of such designation shall be given to the owners or persons in possession of such nonquarantined area, and, thereafter, the interstate movement of any regulated article from such area shall be subject to the applicable provisions of this subpart. As soon as practicable, such area shall be added to the list in paragraph (a) of this section or such designation shall be terminated by the Administrator or an inspector, and notice thereof shall be given to the owner or person in possession of the

ment from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to prevent the interstate spread of citrus canker.

[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988]

§ 301.75-5 Movement of regulated articles for experimental or scientific purposes. A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States Department of Agriculture for experimental or scientific purposes;

(b) Moved pursuant to a Departmental permit issued for such article by the Administrator;

(c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and

(d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article.

§ 301.75-6 Conditions governing the interstate movement of regulated articles from quarantined areas.1

(a) Any regulated article may be moved interstate from a quarantined area if moved with a certificate issued and attached in accordance with §§ 301.75-7 and 301.75-10.

(b) Fruit designated as a regulated article may be moved interstate from a quarantined area other than to a commercial citrus-producing area if moved

'Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met.

with a limited permit issued and attached in accordance with §§ 301.75-7 and 301.75-10, and if not unloaded in any commercial citrus-producing area without permission from an inspector.

(c) Any regulated article may be moved interstate through a quarantined area without a certificate or limited permit, if:

(1) The article originated outside of any quarantined area,

(2) The article is moved directly through the quarantined area, and

(3) The point of origin of the article is clearly indicated by shipping documents and its identity has been maintained.

(d) In addition to being eligible for movement pursuant to paragraph (c) of this section, fruit designated as a regulated article may be moved interstate through a quarantined area without a certificate or limited permit, if:

(1) The fruit originated outside of any quarantined area;

(2) The fruit is moved directly through the quarantined area except for stopping for packing;

(3) The packing, and any related activities are subject to monitoring by inspectors;

(4) The packing is conducted only under conditions found by an inspector as adequate to assure that the fruit is not commingled with any regulated article originating in a quarantined area and that the fruit remains identifiable during such activities;

(5) The fruit is treated in Florida in accordance with § 301.75-12(a) immediately prior to being put into shipping containers that are new and bear a statement indicating the origin of the fruit;

(6) The point of origin of the fruit is clearly indicated by shipping documents and its identity has been maintained; and

(7) The packing is conducted only by a person who has entered into and maintains a valid compliance agreement with Plant Protection and Quarantine whereby it is agreed that any packing and related activities will be conducted only in accordance with the conditions specified in this section.

(e) Calamondin and kumquat plants may be moved interstate from a quar