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any other available information relating to the matter, and may require that testimony be taken concerning the petition.
(e) If the Deputy Administrator finds that the forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to violate the law or finds the existence of such mitigating circumstances as to justify remission or mitigation of the forfeiture or alleged forfeiture, the Deputy Administrator may remit or mitigate the same upon terms and conditions as he deems reasonable and just. However, remission or mitigation will not be made if such action would frustrate the purposes of the Act or Convention. As an example, this section does not allow remission or mitigation with respect to terrestrial plants that are without documentation required under 50 CFR chapter I.
(f) The Deputy Administrator shall notify the petitioner in writing concerning whether the petition was granted or denied, and shall state the reasons therefor. If the petition is denied fully or in part, the petitioner may then file a supplemental petition, but no supplemental petition shall be considered unless it is received within 60 days from the date of the Deputy Administrator's notification concerning the original petition. The Deputy Administrator shall notify the petitioner in writing concerning the action taken in response to the supplemental petition, and shall state the reasons therefor.
(Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076)
§356.8 Return procedure.
If, at the conclusion of proceedings, seized property is to be returned to the person determined to be the owner or agent thereof, the Deputy Administrator shall issue a letter or other document to the person determined to be owner or agent thereof authorizing its return. This letter shall be delivered personally or sent by registered or certified mail, return receipt requested, and shall identify the person determined to be the owner or agent, the seized property, and if appropriate, the bailee of the seized property. It shall
also provide that upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by Plant Protection and Quarantine, the seized property is authorized to be released.
8356.9 Filing of documents.
(a) Any document required by this subpart to be filed or served within a certain period of time, will be considered filed or served as of the time of receipt by the party with or upon whom filing or service is required.
(b) Saturdays, Sundays, and federal holidays shall be included in computing the time allowed for the filing or serving of any document or paper; except that when such time expires on a Saturday, Sunday or federal holiday, such period shall be extended to include the next following business day.
PART 360-NOXIOUS WEED REGULATIONS
360.200 Designation of noxious weeds. 360.300 General prohibitions and restrictions on the movement of noxious weeds; permits.
AUTHORITY: 7 U.S.C. 2803 and 2809; 7 CFR 2.22, 2.80, and 371.2(c).
(a) As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require.
(b) As used in this part, the terms as defined in section 3 of the Act (7 U.S.C. 2802) shall apply with equal force and effect. In addition and except as may be provided otherwise in this part the following words shall be construed, respectively, to mean:
Department. The U.S. Department of Agriculture.
Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs of the Animal and Plant Health Inspection Service of the Department, or any other officer or employee of the Plant Protection and Quarantine Programs to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.
Pursuant to the provisions of section 10 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2809) the Secretary of Agriculture, after publication of the required notice of proposal and after public hearing on the proposal when requested by any interested person, has determined based upon the information received at any such hearing and other information available to the Secretary, that the following plants are within the definition of a "noxious weed" in section 3(c) of the Act (7 U.S.C. 2802(c)) and that their dissemination in the United States may reasonably be expected to have, to a serious degree, an effect specified in said section 3(c) of the Act:
(a) Aquatic and wetland weeds:
Azolla pinnata R. Brown (mosquito fern, water velvet)
Caulerpa tarifolia (Mediterranean clone) Eichornia azurea (Swartz) Kunth (anchored waterhyacinth, rooted waterhyacinth) Hydrilla verticillata (Linnaeus f.) Royle (hydrilla)
Hygrophila polysperma T. Anderson (Miramar weed)
Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory)
Lagarosiphon major (Ridley) Moss
Limnophila sessiliflora (Vahl) Blume (ambulia)
Melaleuca quenquinervia (Cav.) Blake (broadleaf paper bark tree). Monochoria hastata
Salvinia molesta D.S. Mitchell (giant salvinia) Solanum tampicense Dunal (wetland nightshade)
Sparganium erectum Linnaeus (exotic burreed)
(b) Parasitic weeds:
Cuscuta spp. (dodders), other than following species:
Cuscuta americana Linnaeus
Cuscuta brachycalyx (Yuncker) Yuncker
Cuscuta cassytoides Nees ex Engelmann
Cuscuta dentatasquamata Yuncker
Cuscuta epithymum (Linnaeus) Linnaeus
Cuscuta europaea Linnaeus
Cuscuta glabrior (Engelmann) Yuncker
Cuscuta howelliana Rubtzoff
Cuscuta leptantha Engelmann
Cuscuta mitriformis Engelmann
Cuscuta nevadensis I. M. Johnston
Cuscuta obtusiflora Humboldt, Bonpland, & Kunth
Cuscuta occidentalis Millspaugh ex Mill & Nuttall
Cuscuta odontolepis Engelmann
Monochoria vaginalis (Burman f.) C. Presl Ottelia alismoides (L.) Pers.
Sagittaria sagittifolia Linnaeus (arrowhead) Salvinia auriculata Aublet (giant salvinia) Salvinia biloba Raddi (giant salvinia) Salvinia herzogii de la Sota (giant salvinia)
1One or more common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all weeds within the genus or species represented by the scientific name, regardless of whether the common name or names are as comprehensive in scope as the scientific name.
Ageratina adenophora (Sprengel) King & Robinson (crofton weed)
Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile joyweed) Asphodelus fistulosus Linnaeus (onionweed) Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated oat, wild oat)
Carthamus oxyacantha M. Bieberstein (wild safflower)
Chrysopogon aciculatus (Retzius) Trinius (pilipiliula)
Commelina benghalensis Linnaeus (Benghal dayflower)
Crupina vulgaris Cassini (common crupina) Digitaria scalarum (Schweinfurth) Chiovenda (African couchgrass, fingergrass) Digitaria velutina (Forsskal) Palisot Beauvois (velvet fingergrass, annual conchgrass)
Paspalum scrobiculatum Linnaeus (Kodo-millet)
Pennisetum clandestinum Hochstetter
Pennisetum macrourum Trinius
Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin napiergrass)
Prosopis alpataco R. A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis ferox Grisebach
Prosopis hassleri Harms
Prosopis humilis Gillies ex Hooker & Arnott Prosopis kuntzei Harms
Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, & Kunth Prosopis palmeri S. Watson
Prosopis reptans Bentham var. reptans
Prosopis rojasiana Burkart
$360.300 General prohibitions and restrictions on the movement of noxious weeds; permits.
(a) No person may move a Federal noxious weed into or through the United States, or interstate, unless:
(1) He or she obtains a permit for such movement in accordance with paragraphs (b) through (e) of this section; and
(2) The movement is consistent with the specific conditions contained in the permit.
(b) The Deputy Administrator will issue a written permit for the movement of a noxious weed into or through the United States, or interstate, if application is made for such movement and if the Deputy Administrator determines that such movement, under conditions specified in the permit, would not involve a danger of dissemination of the noxious weed in the United States, or interstate; otherwise such a permit will not be issued.
(c) All such permits issued shall contain in written form in the permit any conditions (other than those conditions specified in this part) under which the permit is to be granted, e.g. conditions with respect to shipment, storage, and destruction.
(d) If the permit is denied, the applicant shall be furnished the reasons therefor.
(e) The Deputy Administrator may revoke any outstanding permit issued under this section, and may deny future permit applications, if the Deputy Administrator determines that the issuee has failed to comply with any provision of the Act or this section, including conditions of any permit issued. Upon request, any permit holder will be afforded an opportunity for a hearing with respect to the merits or validity of any such revocation involving his or her permit.
(Approved by the Office of Management and Budget under control number 0579-0054) (44 U.S.C. 35)
[41 FR 49988, Nov. 12, 1976, as amended at 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 30, 1994; 64 FR 41009, July 29, 1999]
361.2 General restrictions on the importation of seed and screenings. 361.3 Declarations and labeling. 361.4 Inspection at the port of first arrival. 361.5 Sampling of seeds.
361.6 Noxious weed seeds.
361.7 Special provisions for Canadian-origin seed and screenings.
361.8 Cleaning of imported seed and processing of certain Canadian-origin screenings.
361.9 Recordkeeping. 361.10 Costs and charges.
AUTHORITY: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.2(c).
SOURCE: 62 FR 48460, Sept. 16, 1997, unless otherwise noted.
Terms used in the singular form in this part shall be construed as the plural, and vice versa, as the case may demand. The following terms, when used in this part, shall be construed, respectively, to mean:
Administrator. The Administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or any other individual to whom the Administrator delegates authority to act in his or her stead.
Agricultural seed. The following kinds and varieties of grass, forage, and field crop seed that are used for seeding purposes in the United States:
Alfilaria-Erodium cicutarium (L.) L'Her.
Alyceclover-Alysicarpus vaginalis (L.) DC.
Bahiagrass-Paspalum notatum Fluegge
Barley-Hordeum vulgare L.
Barrelclover-Medicago truncatula Gaertn. Bean, adzuki-Vigna angularis (Willd.) Ohwi and Ohashi
Bean, field-Phaseolus vulgaris L.
Bean, mung-Vigna radiata (L.) Wilczek
Bentgrass, colonial-Agrostis capillaris L. Bentgrass, creeping-Agrostis stolonifera L. var. palustris (Huds.) Farw.
Bentgrass, velvet-Agrostis canina L.
Bermudagrass-Cynodon dactylon (L.) Pers. var. dactylon
Bermudagrass, giant-Cynodon dactylon (L.)
Bluegrass, Texas-Poa arachnifera Torr.
Bluejoint-Calamagrostis canadensis (Michx.)
Hardinggrass-Phalaris stenoptera Hack.
Indiangrass, yellow-Sorghastrum nutans (L.)
Indigo, hairy—Indigofera hirsuta L. Japanese lawngrass-Zoysia japonica Steud. Johnsongrass-Sorghum halepense (L.) Pers. Kenaf-Hibiscus cannabinus L.
Kochia, forage-Kochia prostrata (L.) Schrad. Kudzu-Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen and S. Almeida Lentil-Lens culinaris Medik.
Lespedeza, Korean-Kummerowia stipulacea (Maxim.) Makino
Lespedeza, sericea or Chinese-Lespedeza
Lespedeza, striate-Kummerowia striata (Thunb.) Schindler