[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301]
[Page 34-43]
TITLE 7--AGRICULTURE
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart_Pine Shoot Beetle
Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.
Sec. 301.50 Restrictions on interstate movement of regulated articles.
Regulated articles may be moved interstate from any quarantined area
only in accordance with this subpart.\1\
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\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance; and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise dispose
of regulated articles as provided in sections 414, 421, and 434 of the
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66
FR 21051, Apr. 27, 2001]
Sec. 301.50-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the United States Department of
Agriculture.
Certificate. A document in which an inspector, or person operating
under a compliance agreement, affirms that a specified regulated article
is free of pine shoot beetle and may be moved interstate to any
destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles, in which the
person agrees to comply with the provisions of this subpart.
Infestation. The presence of the pine shoot beetle or the existence
of circumstances that make it reasonable to believe that the pine shoot
beetle is present.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual, authorized by the Administrator to enforce
this subpart.
Interstate. From any State into or through any other State.
Limited permit (permit). A document in which an inspector, or person
operating under a compliance agreement, affirms
[[Page 35]]
that the regulated article identified on the document is eligible for
interstate movement in accordance with Sec. 301.50-5(b) of this subpart
only to a specified destination and only in accordance with specified
conditions.
Moved (Move, Movement). Shipped, offered for shipment, received for
transportation, transported, carried, or allowed to be moved, shipped,
transported, or carried.
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or other entity.
Pine bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted
trees, including dug (balled and burlaped) Christmas trees, and
ornamental pine, such as bonsai.
Pine shoot beetle. The insect known as pine shoot beetle, Tomicus
piniperda (Linnaeus), in any stage of development.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.50-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.50-2 (a) or (b)
of this subpart or otherwise designated as a regulated article in
accordance with Sec. 301.50-2(c) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 71
FR 13925, Mar. 20, 2006]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark products; Christmas
trees; logs with bark attached; lumber with bark attached; nursery
stock; raw pine materials for pine wreaths and garlands; and stumps.
(b) Any article, product, or means of conveyance not covered by
paragraph (a) of this section, that presents a risk of spread of the
pine shoot beetle and that an inspector notifies the person in
possession of it is subject to the restrictions of this subpart.
[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65
FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006]
Sec. 301.50-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area, in paragraph (c) of
this section, each State, or each portion of a State, in which the pine
shoot beetle has been found by an inspector, in which the Administrator
has reason to believe that the pine shoot beetle is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which the pine shoot beetle has been found. Less than an entire State
will be designated as a quarantined area only if the Administrator
determines that:
(1) The State has adopted and is enforcing a quarantine and
regulations that impose restrictions on the intrastate movement of the
regulated articles that are equivalent to those imposed by this subpart
on the interstate movement of these articles; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of the pine shoot beetle.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area in a State as a quarantined area in accordance with
the criteria specified in paragraph (a) of this section. The
Administrator will give a copy of this regulation along with a written
notice of this temporary designation to the owner or person in
possession of the nonquarantined area; thereafter, the interstate
movement of any regulated article from an area temporarily designated as
a quarantined area is subject to this subpart. As soon as practicable,
this area will be added to the list in paragraph (c) of this section, or
the designation will be terminated by the Administrator or an inspector.
The owner or person in possession of an area for which designation is
terminated will be given notice of the termination as soon as
practicable.
[[Page 36]]
(c) The areas described below are designated as quarantined areas:
Connecticut
The entire State.
Illinois
Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess County. The entire county.
Kane County. The entire county.
Kankakee County. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston County. The entire county.
Macon County. The entire county.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.
Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Whiteside County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Woodford County. The entire county.
Indiana
Adams County. The entire county.
Allen County. The entire county.
Bartholomew County. The entire county.
Benton County. The entire county.
Blackford County. The entire county.
Boone County. The entire county.
Brown County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
Clinton County. The entire county.
Dearborn County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Grant County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hendricks County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington County. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Jennings County. The entire county.
Johnson County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Owen County. The entire county.
Park County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley County. The entire county.
Rush County. The entire county.
Shelby County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe County. The entire county.
Tipton County. The entire county.
Union County. The entire county.
Vermillion County. The entire county.
Vigo County. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White County. The entire county.
Whitley County. The entire county.
Iowa
The entire State.
Maine
Franklin County. The entire county.
Oxford County. The entire county.
Maryland
Allegany County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Montgomery County. The entire county.
[[Page 37]]
Washington County. The entire county.
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
The entire State.
New Hampshire
The entire State.
New Jersey
Bergen County. The entire county.
Cumberland County. The entire county.
Hunterdon County. The entire county.
Morris County. The entire county.
Passaic County. The entire county.
Somerset County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
New York
Albany County. The entire county.
Allegany County. The entire county.
Broome County. The entire county.
Cattaraugus County. The entire county.
Cayuga County. The entire county.
Chautauqua County. The entire county.
Chemung County. The entire county.
Chenango County. The entire county.
Clinton County. The entire county.
Columbia County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Essex County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Genesee County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Herkimer County. The entire county.
Jefferson County. The entire county.
Lewis County. The entire county.
Livingston County. The entire county.
Madison County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario County. The entire county.
Orange County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Rensselaer County. The entire county.
St. Lawrence County. The entire county.
Saratoga County. The entire county.
Schenectady County. The entire county.
Schoharie County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Steuben County. The entire county.
Sullivan County. The entire county.
Tioga County. The entire county.
Tompkins County. The entire county.
Ulster County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wyoming County. The entire county.
Yates County. The entire county.
Ohio
Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Athens County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Butler County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Clark County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Darke County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Gallia County. The entire county.
Geauga County. The entire county.
Greene County. The entire county.
Guernsey County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Highland County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Lawrence County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Madison County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Meigs County. The entire county.
Mercer County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Morrow County. The entire county.
[[Page 38]]
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Pickaway County. The entire county.
Pike County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Ross County. The entire county.
Sandusky County. The entire county.
Scioto County. The entire county.
Seneca County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Vinton County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.
Pennsylvania
The entire State.
Rhode Island
The entire State
Vermont
The entire State.
Virginia
Clarke County. The entire county.
West Virginia
The entire state.
Wisconsin
The entire State.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov.
30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR
2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9,
1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999; 65 FR 37842,
June 19, 2000; 66 FR 37403, July 18, 2001; 66 FR 46692, Sept. 6, 2001;
67 FR 41308, June 18, 2002; 69 FR 244, Jan. 5, 2004; 69 FR 31725, June
7, 2004; 70 FR 30330, May 26, 2005; 71 FR 29762, May 24, 2006; 71 FR
58245, Oct. 3, 2006; 72 FR 6435, Feb. 12, 2007; 72 FR 34163, June 21,
2007]
Sec. 301.50-4 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:
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\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
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(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.50-5 and 301.50-8 of this subpart;
(b) Without a certificate or limited permit, if:
(1)(i) The regulated article originates outside any quarantined area
and is moved through the quarantined area without stopping (except for
dropoff loads, refueling, or traffic conditions, such as traffic lights
or stop signs) during October, November, or December, or when ambient
air temperature is below 10 [deg]C (50 [deg]F); or
(ii) The regulated article originates outside any quarantined area
and, during the period of January through September, is moved through
the quarantined area at a temperature higher than 10 [deg]C (50 [deg]F),
if the article is shipped in an enclosed vehicle or completely covered
(such as with plastic, canvas, or other closely woven cloth) so as to
prevent access by the pine shoot beetle; and
(2) The point of origin of the regulated article is indicted on the
waybill.
(c) With a limited permit issued by the Administrator if the
regulated article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Under conditions, specified on the permit, which the
Administrator has found to be adequate to prevent the spread of the pine
shoot beetle; and
(3) 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 the
regulated article is not in a container.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]
[[Page 39]]
Sec. 301.50-5 Issuance and cancellation of certificates and limited permits.
(a) A certificate will be issued by an inspector \3\ for the
interstate movement of a regulated article if the inspector determines
that:
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\3\ Services of an inspector may be requested by contacting the
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 Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
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(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.50-10 of this subpart, or, if
pine bark products, produced according to the requirements of the
management method in Sec. 301.50-10(d) of this subpart; or
(ii) Based on inspection of the premises of origin, if the regulated
article is a greenhouse-grown pine (such as bonsai), that the greenhouse
is free from the pine shoot beetle and is screened to prevent entry of
the pine shoot beetle; or
(iii) Based on inspection of the regulated article, if the regulated
article is a pine seedling or a pine transplant and is no greater than
36 inches high with a bole diameter at soil level of 1 inch or less,
that it is free from the pine shoot beetle; or
(iv) Based on inspection by an inspector (branch tip-by-branch tip)
of pine nursery stock, that it is free from the pine shoot beetle; or
(v) If the regulated article is a pine log with bark attached or
pine lumber with bark attached or a pine stump, that its source tree has
been felled during the period of July 1 through October 31 or if the
regulated article is pine bark products produced from a tree felled and
debarked during the period of July 1 through October 31; and
(2)(i) The regulated article will be moved through the quarantined
area during October, November, or December, or when the ambient air
temperature is below 10 [deg]C (50 [deg]F); or
(ii) The regulated article will be moved through the quarantined
area during the period of January through September, if the ambient air
temperature is 10 [deg]C (50 [deg]F) or higher, in an enclosed vehicle
or completely enclosed by a covering adequate to prevent access by the
pine shoot beetle; or
(iii) The pine log with pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31, will
be shipped interstate from the quarantined area during the period of
July 1 through October 31 of the same year in which the source tree was
felled; and
(3) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the pine
shoot beetle; and
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\4\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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(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:
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\5\ See footnote 3 to Sec. 301.50-5(a).
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(1)(i) The regulated article is to be moved interstate to a
specified destination for specified handling, processing, or utilization
(the destination and other conditions to be listed in the limited
permit), and this interstate movement will not result in the spread of
the pine shoot beetle. If the regulated article is part of a shipment of
pine Christmas trees, the inspector will make a pest-risk determination
on the basis of an inspection conducted in accordance with Sec. 301.50-
5(c) of this paragraph; or
(ii) The regulated article is to be moved interstate from a
quarantined area to a quarantined area and will transit any non-
quarantined area in an
[[Page 40]]
enclosed vehicle or completely enclosed by a covering adequate to
prevent access by the pine shoot beetle; and
(2) The regulated article is to be moved in compliance with any
additional conditions deemed necessary under section 414 of the Plant
Protection Act (7 U.S.C. 7714) to prevent the spread of the pine shoot
beetle; and
(3) The regulated article is eligible for interstate movement under
all other Federal domestic plant quarantines and regulations applicable
to the regulated article.
(c) The number of pine Christmas trees randomly selected for
inspection is determined by the size and type of shipment, in accordance
with the following tables. If a shipment mixes painted and natural
trees, the inspection procedure for painted trees will apply.
Table 1--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-72........................... All 701-800.............. 120
73-100......................... 73 801-900.............. 121
101-200........................ 96 901-1,000............ 122
201-300........................ 106 1,001-2,000.......... 126
301-400........................ 111 2,001-3,000.......... 127
401-500........................ 115 3,001-5,000.......... 128
501-600........................ 117 5,001-10,000......... 129
601-700........................ 119 10,001 or more....... 130
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
sampled, the entire shipment must be rejected. If no pine shoot beetle
is detected in any of the trees sampled, the shipment will be allowed
to move with a limited permit. The limited permit must state, ``All
trees that remain unsold as of December 25 must be destroyed by
burning or chipping, or must be fumigated, prior to January 1.''
Table 2--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
No. of No. of
trees No. of trees in trees
No. of trees in shipment to shipment to
sample sample
------------------------------------------------------------------------
1-57........................... All 501-600.............. 80
58-100......................... 58 601-700.............. 81
101-200........................ 69 701-1,000............ 82
201-300........................ 75 1,001-3,000.......... 84
301-400........................ 77 3,001-10,000......... 85
401-500........................ 79 10,001 or more....... 86
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
sampled, the entire shipment must be rejected. If no pine shoot beetle
is detected in any of the trees sampled, the shipment will be allowed
to move with a limited permit. The limited permit must state, ``All
trees that remain unsold as of December 25 must be destroyed by
burning or chipping, or must be fumigated, prior to January 1.''
(d) 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 determined that the regulated
article is 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 determined that the regulated
article is eligible for a limited permit in accordance with paragraph
(b) of this section.
(e) 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 permit has
been withdrawn may appeal the decision in writing to the Administrator
within 10 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 such a hearing
will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec.
30, 1994; 66 FR 21051, Apr. 27, 2001; 71 FR 13925, Mar. 20, 2006]
Sec. 301.50-6 Compliance agreements and cancellation.
(a) Any person engaged in growing, handling, or moving regulated
articles
[[Page 41]]
may enter into a compliance agreement when an inspector determines that
the person understands this subpart.\6\
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\6\ Compliance agreement forms are available without charge from the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134,
Riverdale, Maryland 20737-1236.
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(b) Any compliance agreement may be canceled 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. 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
canceled may appeal the decision, in writing, within 10 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 canceled. 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 such a hearing will be adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993;
59 FR 67608, Dec. 30, 1994]
Sec. 301.50-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.50-5(c)), who desires to move a
regulated article interstate accompanied by a certificate or limited
permit must notify an inspector,\7\ at least 48 hours in advance of the
desired interstate movement.
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\7\ See footnote 3 to Sec. 301.50-5(a).
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(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-8 Attachment and disposition of certificates and limited permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article must be attached, at all times during
the interstate movement, to the outside of the container containing the
regulated article, or to the regulated article itself, if not in a
container. The requirements of this section may also be met by attaching
the certificate or limited permit to the consignee's copy of the
waybill, provided 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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]
Sec. 301.50-9 Costs and charges.
The services of the inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside of normal
business hours.
Sec. 301.50-10 Treatments and management method.
(a) Fumigation is authorized for use on pine logs with bark
attached, pine lumber with bark attached, pine bark products, and pine
stumps, as follows: Logs, lumber, and stumps may be treated with methyl
bromide at normal atmospheric pressure with 48 g/m\3\ (3 lb/1000 ft\3\)
for 16 hours at 21 [deg]C (70 [deg]F) or above, or 80 g/m\3\ (5 lb/1000
ft\3\) for 16 hours at 4.5 - 20.5 [deg]C (40 - 69 [deg]F.).
(b) Cold treatment is authorized for cut pine Christmas trees, pine
nursery
[[Page 42]]
stock, and raw pine materials for pine wreaths and garlands as follows:
The regulated articles must be loaded into a refrigeration unit and held
at -20.6 [deg]C (-5 [deg]F) for one hour; the period before the
refrigeration unit reaches the specified temperature is not part of the
treatment period.
(c) Any one of these fumigation treatments is authorized for use on
cut pine Christmas trees and raw pine materials for pine wreaths and
garlands. Cut pine Christmas trees and raw pine materials for pine
wreaths and garlands may be treated with methyl bromide at normal
atmospheric pressure as follows:
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Dosage: Concentration readings: ounces per 1000
pounds per Exposure: feet \3\
Temperature 1000 feet hours -------------------------------------------
\3\ 2.0 hr 3.0 hr 3.5 hr 4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49 [deg]F................................ 4.0 4.0 57 -- -- 48
50-59 [deg]F................................ 4.0 3.5 57 -- 48 --
50-59 [deg]F................................ 3.5 4.0 50 -- -- 42
60 [deg]F+.................................. 4.0 3.0 57 48 -- --
60 [deg]F+.................................. 3.0 4.0 43 -- -- 36
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Note: APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects
of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of
phytotoxic effects.
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must either
be ground into pieces of 1 inch or less in diameter or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less in
size or composted in accordance with the procedure in paragraph (d)(3)
of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200 cubic
yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or
over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first pile and used to cover the second compost pile to a depth of 3
feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material must remain undisturbed
until the interior temperature of the pile reaches 120 [deg]F
[[Page 43]]
(49 [deg]C) and remains at or over that temperature for 4 consecutive
days. After this 4-day period, the composting procedure is complete.
[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58
FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781,
Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006]