claim and bond were not timely received by the proper office from any claimant, and that, therefore, all potential claimants are deemed to admit the truth of the allegations of the notice. The declaration shall conclude with an order of condemnation and forfeiture of the property to the United States for disposition according to law. (Information collection requirements were approved by the Office of Budget and Management under control number 0579-0076) §356.5 Bonded release. or (a) The Deputy Administrator may accept a bond or other security, in the amount of the value of the property as determined under §356.3, in place of any property specified in § 356.1 and release the property to the owner agent of the property, if such action would not frustrate the purposes of the Act and Convention. As an example, this section does not allow the release of terrestrial plants that are without documentation required under 50 CFR chapter I. (b) Any request for the return of property based on the acceptance of a bond or other security shall be submitted in writing to the Deputy Administrator. The request shall include evidence to establish that the person making the request is the sole owner of the property referred to in the request or is the agent of the sole owner of such property. A response in writing, granting or denying the request, and the reasons therefor, shall be sent to the person making the request. § 356.6 Storage of property. Following the seizure or other receipt of any property specified in § 356.1 and valued at $10,000 or less, the property shall remain in the custody of the Deputy Administrator pending disposition. Pending such disposition, the property shall be stored in such place, as, in the opinion of the Deputy Administrator, is most convenient and appropriate with due regard to the expense involved, whether or not the place of storage is within the judicial district in which the property was seized. § 356.7 Petition for remission or mitigation of forfeiture. (a) Any person who has an interest in any property specified in §356.1 and valued at $10,000 or less, or any person who has incurred or is alleged to have incurred a forfeiture of any such property, may file with the Deputy Administrator a petition for remission or mitigation of forfeiture while the property is in the custody of the Deputy Administrator. (b) A petition filed with the Deputy Administrator need not be in any particular form, but must contain the following: (1) A description of the property: (2) The time, date, and place of seizure; (3) Evidence of the petitioner's interest in the property such as contracts, bills of sale, invoices, security interests, certificates of title; and (4) A statement of all facts and circumstances relied upon by the petitioners to justify remission or mitigation of the forfeiture. (c) The petition shall be signed by the petitioner or the petitioner's attorney at law. If the petitioner is a business, the petition must be signed by a partner, officer, or petitioner's attorney at law. (d) Upon receiving the petition, the shall Deputy Administrator decide whether or not to grant relief. In making a decision, the Deputy Administrator shall consider the information submitted by the petitioner, as well as 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. $356.9 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; $360.100 Definitions. (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. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department. [41 FR 49988, Nov. 12, 1976] 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 taxifolia (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) Cuscuta californica Hooker & Arnott Cuscuta cassytoides Nees ex Engelmann Cuscuta cephalanthii Engelmann Cuscuta epithymum (Linnaeus) Linnaeus Cuscuta nevadensis I. M. Johnston Cuscuta obtusiflora Humboldt, Bonpland, & Kunth Cuscuta occidentalis Millspaugh ex Mill & Nuttall Cuscuta odontolepis Engelmann Cuscuta pentagona Engelmann Striga spp. (witchweeds) (c) Terrestrial weeds: 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 (velvet fingergrass, annual de Prosopis ruizlealii Burkart Beauvois conchgrass) Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes (lightning weed) Emex australis Steinheil (three-cornered jack) Emex spinosa (Linnaeus) Campdera (devil's thorn) Galega officinalis Linnaeus (goatsrue) Imperata brasiliensis Trinius (Brazilian satintail) Imperata cylindrica (Linnaeus) Raeuschel (cogongrass) Ischaemum rugosum Salisbury (murainograss) Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop) Lycium ferocissimum Miers (African boxthorn) Melastoma malabathricum Linnaeus Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute) Mikania micrantha Humboldt, Bonpland, & Kunth Mimosa invisa Martius (giant sensitive plant) Mimosa pigra Linneaus var. pigra (catclaw mimosa) Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock) Opuntia aurantiaca Lindley (jointed prickly pear) Oryza longistaminata A. Chevalier & Roehrich (red rice) Oryza punctata Kotschy ex Steudel (red rice) Oryza rufipogon Griffith (red rice) Paspalum scrobiculatum Linnaeus (Kodo-millet) clandestinum Hochstetter Pennisetum ex (African Trinius Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin napiergrass) Prosopis alpataco R. A. Philippi § 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. 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. § 361.1 Definitions. 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. 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, Canada-Poa compressa L. Bluegrass, glaucantha-Poa glauca Vahl Bluegrass, Kentucky-Poa pratensis L. Bluegrass, Texas-Poa arachnifera Torr. Bluejoint-Calamagrostis canadensis (Michx.) P. Beauv. Bluestem, big-Andropogon gerardii Vitm. var. gerardii Bluestem, little-Schizachyrium scoparium (Michx.) Nash Bluestem, sand-Andropogon hallii Hack. Bluestem, yellow-Bothriochloa ischaemum (L.) Keng |