Santa Clara County That portion of the county in the Mountain View area bounded by a line drawn as follows: Beginning at the intersection of State Highway 237 and Lawrence Expressway; then southerly along this expressway to its intersection with Interstate Highway 280; then northwesterly along this highway to its intersection with Page Mill Road; northeasterly along this road to its intersection with Oregon Expressway; then northeasterly along this expressway to its intersection with U.S. Highway 101; then northwesterly along this highway to its intersection with San Francisquito Creek; then northeasterly along this creek to its intersection with this San Francisco Bay shoreline; then southeasterly along this shoreline to its intersection with Guadalupe Slough; then southerly along this slough to its end; then southerly along an imaginary line drawn from the end of Guadalupe Slough to the point of beginning. [54 FR 35632, Aug. 29, 1989, as amended at 54 FR 38645, Sept. 20, 1989; 54 FR 42479, Oct. 17, 1989; 54 FR 48572, Nov. 24, 1989, 54 FR 51190, Dec. 13, 1989] § 301.78-4 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 §§ 301.78-5 and 301.78-8 of this subpart; (b) Without a certificate or limited permit, if: (1) The regulated article originated outside of any quarantined area and is moved 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 Mediterranean 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 which contains the regulated arti 2 Requirements under all other applicable federal domestic plant quarantines and regulations must also be met. cle 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 Mediterranean 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. § 301.78-5 Issuance and cancellation of certificates and limited permits. (a) A certificate shall be issued by an 3 for the interstate moveinspector ment 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 § 301.78-10 of this subpart; or (ii) Based on inspection of the premises of origin, or treatment of the premises of origin in accordance with § 301.78-10(d) of this subpart that the premises are free from the Mediterranean fruit fly; or (iii) Based on inspection of the regulated article, that it is free of Mediterranean fruit fly; and (2) The regulated article will be moved through the quarantined area in an enclosed vehicle or is completely enclosed by a covering adequate to prevent access by Mediterranean fruit fly; and 3 Services of an inspector may be requested by contacting 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 Administrator, c/o Domestic and Emergency Operations, Plant Protection and Quarantine, Animal and Plant Health Inspection Service, Federal Building, 6505 Belcrest Road, Hyattsville, Maryland 20782. (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), to prevent the spread of the Mediterranean fruit fly; 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) 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 Mediterranean fruit fly because life stages of the Mediterranean fruit fly will be destroyed by the specified handling, utilization, or processing; (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 Mediterranean fruit fly; and 6 (3) The regulated article is eligible for interstate movement under all 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 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 made the determination that the regulated article is 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. 5 See footnote 3 to § 301.78-5(a). 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 made the determination 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 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 been permit has withdrawn may appeal the decision in writing to the Administrator within ten 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. (b) Any compliance agreement may be cancelled 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 or any conditions imposed pursuant to this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been cancelled may appeal the decision, in writing, within ten 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 cancelled. 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. § 301.78-7 Assembly and inspection of regulated articles. (a) Any person (other than a person authorized to issue certificates or limited permits under § 301.78-5(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 (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. § 301.78-8 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 crest Road, Hyattsville, MD 20782, and from local offices of the Plant Protection and Quarantine, which are listed in telephone directories. 8 See footnote 3 to § 301.78-5(a). 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 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. § 301.78-9 Costs and charges. The services of the inspector during normal business hours (8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. The United States Department of Agriculture will not be responsible for any other costs or charges. § 301.78-10 Treatments. Treatment schedules listed in the Plant Protection and Quarantine Treatment Manual to destroy Mediterranean fruit fly can be used 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 tomato, bell pepper and tomato, and soil: (a) Tomato: Fumigation with methyl bromide at normal atmospheric pressure with 32g/m3 for 31⁄2 hours at 21 °C. (70 °F.) or above. (b) Bell pepper and tomato: Heat the article by saturated water vapor at 44.4 °C. (112 °F.) until approximate center of article reaches 44.4 °C. (112 °F.) and maintain at 44.4 °C. (112 °F.) for 8 hours, then immediately cool. NOTE: Commodities should be tested by the shipper to determine each commodity's tolerance to the treatment before commercial treatments are attempted. (c) Soil: Soil within the drip area of plants that are producing or have pro duced the fruits, nuts, vegetables, and berries listed in § 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds actual ingredient per acre to the soil within the drip area with sufficient water to wet the soil to a depth of at least 1⁄2 inch. Both immersion and pour-on treatment procedures are also acceptable. (d) Premises: A field, grove, or area that is located within the quarantined area but outside the infested core area on which regulated articles are produced must receive regular treatments with malathion bait spray at 6 to 10day intervals, starting at least 30 days before harvest and continuing through the harvest period. The malathion bait spray treatment must be applied at a rate of 2.4 ounces of technical grade malathion and 9.6 ounces of protein hydrolysate per acre. [54 FR 35632, Aug. 29, 1989, as amended at 54 FR 38645, Sept. 20, 1989] Subpart-Witchweed QUARANTINE AND REGULATIONS § 301.80 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 States of North Carolina and South Carolina, in order to prevent the spread of witchweed (Striga spp.), a parasitic plant which causes a dangerous disease of corn, sorghum, and other crops of the grass family, not theretofore widely prevalent or distributed within and throughout the United States, and accordingly quarantined said States. Under the authority of said provisions, the Secretary hereby continues such quarantine in effect with respect to the interstate movement from the quarantined States 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 § 301.80-1(p) as regulated articles), except in accordance with the conditions prescribed in this subpart: (1) Soil, compost, peat, humus, muck, and decomposed manure, separately or with other things; sand; and gravel. (2) Plants with roots. (3) Grass sod. (4) Plant crowns and roots for propagation. (5) True bulbs, corms, rhizomes, and tubers of ornamental plants. (6) Root crops, except those from which all soil has been removed. (7) Peanuts in shells and peanut shells, except boiled or roasted peanuts. (8) Small grains and soybeans. (9) Hay, straw, fodder, and plant litter of any kind. (10) Seed cotton and gin trash. (11) Stumpwood. (12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes, and watermelons, except those from which all soil has been removed. (13) Pickling cucumbers, beans, and field peas. string (14) Cabbage, except firm heads with loose outer leaves removed. (15) Leaf tobacco, except flue-cured leaf tobacco. (16) Ear corn, except shucked ear corn. (17) Used crates, boxes, burlap bags, and cotton-picking sacks, and other used farm products containers. (18) Used farm tools. (19) Used mechanized cultivating equipment and used harvesting equipment. (20) Used mechanized soil-moving equipment. (21) Any other products, articles, or means of conveyance, of any character whatsoever, not covered by paragraphs (b) (1) through (20) of this section, when it is determined by an inspector that they present a hazard of spread of witchweed, and the person 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 and 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 operations of such person. (e) Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with § 301.80-2. (f) Infestation. The presence of witchweed or the existence of circumstances that make it reasonable to believe that witchweed is present. (g) 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. (h) Interstate. From any State into or through any other State. (i) Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertifiable regulated articles to a specified destination for limited handling, utilization, or processing, or for treatment. (j) 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., mechanical cotton harvesters, hay balers, corn pickers, and combines. (k) Mechanized soil-moving equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dumptrucks. (1) Moved (movement, move). 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" and "move" shall be construed accordingly. (m) Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. unit (n) Plant Protection and Quarantine Programs. The organizational within the Animal and Plant Health Inspection Service delegated responsibility for enforcing provisions of the Plant Quarantine Act and Federal Plant Pest Act, and quarantines and regulations promulgated thereunder. (0) Regulated area. Any quarantined State, or any portion thereof, designated as a regulated area in § 301.802a or otherwise designated as a regulated area in accordance with § 301.802(b). (p) Regulated articles. Any articles described in § 301.80(b). (q) 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 |