the plural and vice versa, as the case may demand. The following terms, when used in this subpart shall be construed, respectively, to mean: Deputy Administrator. The Deputy Administrator of the Animal and Plant Health Inspection Service, for the Plant Protection and Quarantine Programs, U.S. Department of Agriculture, or any other officer or employee of the Department to whom authority has heretofore been, or may heretofore be, delegated to act in his stead. 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. Interstate. From any State into or through any other State. Japanese beetle. The live insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development (egg, larva, pupa, or adult). Person. Any individual, corporation, company, partnership, society, or association, or other organized group of any of the foregoing. 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 quarantines and regulations promulgated thereunder. Regulated airport. Any airport in a quarantined State declared regulated in accordance with provisions in § 301.48-2 of this subpart. Regulated articles. Aircraft at or from regulated airports. State. Any State, territory, or district of the United States, including Puerto Rico. Treatment manual. The provisions currently contained in the "Japanese Beetle Program Manual," and the "Plant Protection and Quarantine Treatment Manual" which are incorporated by reference.1 2 1 Pamphlets containing such provisions are available upon request to the Deputy State Plant Regulatory Official. The authorized official of a State who has responsibility for the operation of the State plant regulatory program. § 301.48-2 Authorization to designate, and terminate designation of, regulated airports. (a) An inspector may declare any airport within a quarantined State to be a regulated airport when he determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in § 301.48(b) may be leaving the airport. (b) An inspector shall terminate the designation provided for under paragraph (a) of this section when he determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle. § 301.48-3 Notification of designation, and termination of designation, of regulated airports. Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designation has been terminated. The inspector shall also give the same information in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in § 301.48(b). The Deputy Administrator shall also give the same information to the State Plant State Regulatory Official of each designated in § 301.48(b) to which any regulated article will move. Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector and are on file at the Federal Register. 2 Note: Incorporation by reference provisions approved by the Director, Office of the Federal Register, on June 15, 1978. § 301.48-4 Conditions governing the interstate movement of regulated articles from quarantined States. 3 A regulated article may only be moved interstate from a regulated airport to any State designated in § 301.48(b) if: (a) The regulated article has been treated in accordance with the Treatment Manual, or (b) If the inspector, upon visual inspection, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present with regard to the particular regulated article, or (c) If the regulated article arrives and leaves the regulated airport during the same non-daylight period. § 301.48-5 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 Japanese beetles 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. § 301.48-6 Movement of live Japanese beetles. Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in Part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator. § 301.48-7 Nonliability of the Department. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector. 3 Requirements under all other applicable Federal domestic plant quarantines must also be met. Subpart-Pink Bollworm SOURCE: 32 FR 16385, Nov. 30, 1967, unless otherwise noted. QUARANTINE AND REGULATIONS § 301.52 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, 150ee), the Secretary of Agriculture has determined, after public hearing, that it is necessary to quarantine the States of Arizona, Arkansas, California, Louisiana, Mississippi, New Mexico, Nevada, Oklahoma, and Texas, in order to prevent the spread of the pink bollworm (Pectinophora gossypiella Saund.), a dangerous insect injurious to cotton, okra, and kenaf, not heretofore widely prevalent or distributed within and throughout the United States. Under the authority of said provisions, the Secretary hereby quarantines the State of Nevada and continues to quarantine the other specified States 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) Regulated articles. No common carrier or other person shall move interstate from any quarantined State any regulated article, except in accordance with this subpart. The following are regulated articles: (1) Cotton and wild cotton, including all parts of these plants. (2) Seed cotton. (3) Cottonseed. (4) American-Egyptian (long-staple) varieties of cotton lint, linters, and lint cleaner waste; except:1 1 The articles hereby exempted remain subject to applicable restrictions under other quarantines and must have not been exposed to pink bollworm infestation after ginning or compression as prescribed. (i) American-Egyptian cotton lint, linters, and lint cleaner waste compressed to a density of at least 22 pounds per cubic foot. (ii) Trade samples of AmericanEgyptian cotton lint and linters. (5) Cotton waste produced at cotton gins and cottonseed oil mills. (6) Cotton gin trash. (7) Used bagging and other used wrappers for cotton. (8) Used cotton harvesting equipment and used cotton ginning and used cotton oil mill equipment. (9) Kenaf, including all parts of the plants. (10) Okra, including all parts of these plants, except: (i) Canned or frozen okra; and (ii) Fresh, edible fruits of okra if moved interstate during March 16 through December 31, to California, or during May 16 through November 30, to: (A) Any portion of Illinois, Kentucky, Missouri, or Virginia that is south of the 38th parallel; or (B) Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, or Texas. (11) Any other product, article, or means of conveyance not covered by paragraphs (b) (1) through (10) of this section, when an inspector determines that it presents a risk of spread of the pink bollworm and the person in possession of the product, article, or means of conveyance has actual notice that it is subject to the restrictions of this subpart. [32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22,1983; 48 FR 46262, Oct. 12, 1983; 49 FR 26188, June 27, 1984; 49 FR 37728, Sept. 26, 1984; 52 FR 26943, July 17, 1987] state 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. The (c) Deputy Administrator. 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 Service to whom authority to act in his stead has been or may hereafter be delegated. (d) Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with § 301.52-2. (e) Infestation. The presence of the pink bollworm or the existence of circumstances that make it reasonable to believe that pink bollworm is present. (f) 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. (g) Interstate. From any State, territory, or district of the United States into or through any other State, territory, or district of the United States (including Puerto Rico). (h) Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertified regulated articles to a specified destination for limited handling, utilization, or processing or for treatment. (i) 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. (j) Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing. (k) Pink bollworm. The live insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development. (1) Regulated area. Any quarantined State, territory, or district, or any portion thereof, listed as a regulated area in § 301.52-2a by the Deputy Administrator in accordance with § 301.522(a). (m) Regulated articles. Any articles described in § 301.52(b). (n) Restricted destination permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of regulated articles not certified under all applicable Federal domestic plant quarantines to a specified destination for other than scientific purposes. (0) Scientific permit. A document issued by the Deputy Administrator to allow the interstate movement to a specified destination of regulated articles for scientific purposes. (p) Suppressive area. That part of a regulated area where eradication of infestation is undertaken as an objective, as designated by the Deputy Administrator under § 301.52-2(a). (q) Treatment manual. The provisions currently contained in the "Plant Protection and Quarantine Treatment Manual" and any amendments thereto. 2 [32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 17, 1987] § 301.52-2 Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas. The Deputy Administrator shall publish and amend from time to time as the facts warrant, the following lists: 'A pamphlet containing such provisions is available, upon request, from 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. (a) List of regulated areas and suppressive or generally infested areas. The Deputy Administrator shall list as regulated areas in a supplemental regulation designated as § 301.52-2a, the quarantined States, territories, or districts, or portions thereof, in which pink bollworm has been found or in which there is reason to believe that pink bollworm is present, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested localities. The Deputy Administrator, in the supplemental regulation, may divide any regulated area into a suppressive area and a generally infested area in accordance with the definitions thereof in § 301.52-1. Less than an entire quarantined State, territory, or district will be designated as a regulated area only if the Deputy Administrator is of the opinion that: (1) The State, territory, or district has adopted and is enforcing a quarantine or regulations 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, territory, or district, as a regulated area will otherwise be adequate to prevent the interstate spread of the pink bollworm. [32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987] § 301.52-2a Regulated area; suppressive and generally infested areas. The civil divisions and part of civil divisions described below are designated as pink bollworm 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. ARIZONA (1) Generally infested area. Entire State. (2) Suppressive area. None. ARKANSAS (1) Generally infested area. None. (2) Suppressive area. Chicot County. That portion of the county lying north of U.S. Highway 82. Desha County. The entire county. Drew County. That portion of the county lying east of State Highway 293 and State Highway 4. Jefferson County. That portion of the county lying east of U.S. Highway 79. Lincoln County. The entire county. Monroe County. That portion of the county lying east of White River and south of U.S. Highway 79 and U.S. Highway 49. Phillips County. That portion of the county lying south of U.S. Highway 49. CALIFORNIA (1) Generally infested area. entire San Diego County. The entire county. (2) Suppressive area. Fresno County. The entire county. LOUISIANA (1) Generally infested area. None. (2) Suppressive area. Caddo Parish. The entire parish. MISSISSIPPI (1) Generally infested area. None. (2) Suppressive area. Bolivar County. Secs. 17, 18, 19, 20, 29, 30, 31, and 32, T. 20 N., R. 6 W. Secs. 6, 7, 18, 19, 30 and 31, T. 20 N., R. 7 W. T. 20 N., R. 8 W. That portion of T. 20 N., R. 9 W., lying east of the levee. That portion of secs. 3, 4, 5, and 8, T. 21 N., R. 8 W., lying south of the levee and secs. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, and 31, T. 21 N., R. 8 W. That portion of T. 21 N., R. 9 W. lying east and south of the levee. Secs. 9, 10, 11, 14, 15, 16, 21, 22, and 23, T. 24 N., R. 6 W. Secs. 2, 3, 4, 9, 10, and 11, T. 24 N., R. 7 W. Washington County. The north 1⁄2 of T. 18 N., R. 6 W. The north 1⁄2 and secs. 22, 23, 24, 25, 26, 27, of T. 18 N., R. 7 W. Secs. 7, 8, 13, 14, 15, T. 18 N., R. 8 W. That portion of sec. 1 lying north of the levee and secs. 11, 12, 23, and 24, T. 17 N., R. 8 W. That portion of T. 17 N., R. 9 W., lying east of the levee. Secs. 6, 7, 18, 19, 30, 31, 32, 33, and 34, T. 19 N., R. 7 W. That portion of T. 19 N., R. 8 W., lying northeast of the levee. That portion of T. 19 N., R. 9 W., lying northeast of the levee. NEVADA (1) Generally infested area. Clark County. The entire county. Nyle County. The entire county. (2) Suppressive area. None. NEW MEXICO (1) Generally infested area. Entire State. (2) Suppressive area. None. OKLAHOMA (1) Generally infested area. Entire State. (2) Suppressive area. None. TEXAS (1) Generally infested area. Entire State. (2) Suppressive area. None. [42 FR 13533, Mar. 11, 1977; 42 FR 25849, May 20, 1977, as amended at 43 FR 25135, June 9, 1978; 44 FR 45595, Aug. 13, 1979; 45 FR 43368, June 27, 1980; 46 FR 21149, Apr. 9, 1981; 47 FR 8983, Mar. 3, 1982; 47 FR 33667, Aug. 4, 1982; 48 FR 28424, June 22, 1983; 48 FR 46262, Oct. 12, 1983; 49 FR 26188, June 27, 1984; 49 FR 37728, Sept. 26, 1984; 50 FR 12216, Mar. 28, 1985; 50 FR 25688, June 21, 1985; 51 FR 10184, Mar. 25, 1986; 51 FR 21499, June 13, 1986; 51 FR 44033, Dec. 8, 1986; 52 FR 12364, Apr. 16, 1987] § 301.52-3 Conditions governing the interstate movement of regulated articles from quarantined States. 3 Any regulated articles may be moved interstate from any quarantined State under the following conditions: (a) From any regulated area, with certificate or permit issued and attached in accordance with §§ 301.52-4 and 301.52-7 if moved: (1) From any regulated area into or through any point outside of the regulated areas; or (2) From any generally infested area into or through any suppressive area; or 3Requirements under all other applicable Federal domestic plant quarantines must also be met. |