This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

29465 

Vol. 83, No. 122 

Monday, June 25, 2018 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2015–0101] 

RIN 0579–AE30 

Phytophthora ramorum; Regulated 

Areas, Regulated Establishments, and 

Testing Protocols 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the Phytophthora ramorum regulations 

to remove regulated areas for P. 

ramorum from the regulations, as well 

as all regulatory requirements specific to 

such areas. We are proposing to amend 

the regulations by revising the 

inspection and sampling requirements 

for certain nurseries that are in areas 

quarantined for P. ramorum and that 

ship regulated nursery stock interstate. 

We are proposing to change the nature 

of the inspection and sampling 

requirements to have them take into 

consideration additional potential 

sources of P. ramorum inoculum at the 

nurseries. Finally, we are proposing to 

establish conditions under which we 

would regulate nurseries located outside 

of the quarantined areas for P. ramorum, 

if sources of P. ramorum inoculum are 

detected at those nurseries and the 

nurseries ship certain articles interstate. 

These changes would provide regulatory 

relief to nurseries in areas that are 

regulated for P. ramorum, while also 

ensuring that nurseries that may pose a 

risk of disseminating P. ramorum 

through the interstate movement of 

regulated nursery stock are subject to 

measures that address this risk. 

DATES: We will consider all comments 

that we receive on or before August 24, 

2018. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2015-0101. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2015–0101, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/#!docket

Detail;D=APHIS-2015-0101 or in our 

reading room, which is located in room 

1141 of the USDA South Building, 14th 

Street and Independence Avenue SW, 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 799–7039 before 

coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Karen Maguylo, National Policy 

Manager, Pest Management, PPQ, 

APHIS, 4700 River Road, Riverdale, MD 

20737–1238; (301) 851–3128. 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 412(a) of the Plant 

Protection Act (7 U.S.C. 7701 et seq., 

referred to below as the PPA), the 

Secretary of Agriculture may prohibit or 

restrict the movement in interstate 

commerce of any plant or plant product, 

if the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the dissemination of a plant 

pest within the United States. 

Phytophthora ramorum, commonly 

known as sudden oak death, ramorum 

leaf blight, and ramorum dieback, is a 

harmful pathogen that can cause 

mortality in several oak tree species and 

also causes twig and foliar diseases in 

numerous native and non-native 

ornamental plants, shrubs, and trees 

within the United States. 

P. ramorum was first discovered in 

the natural environment in 14 counties 

in California and portions of 1 county in 

Oregon. When the disease was 

subsequently discovered in certain 

nurseries on the west coast that shipped 

nursery stock interstate, the Animal and 

Plant Health Inspection Service (APHIS) 

issued an interim rule published in the 

Federal Register on February 14, 2002 

(67 FR 6827–6837, Docket No. 01–054– 

1). The interim rule established a new 

subpart, ‘‘Subpart—Phytophthora 

ramorum’’ (7 CFR 301.92 through 

301.92–12, referred to below as the 

regulations), which contains APHIS’ 

regulations to address the spread of P. 

ramorum. 

Section 301.92–3 of the regulations 

designates certain States and portions of 

States as quarantined areas for P. 

ramorum. The regulations also 

designate other States or portions of 

States as regulated areas for P. ramorum. 

Quarantined areas are areas in which P. 

ramorum has been confirmed by an 

inspector to exist in the natural 

environment, in which there is reason to 

believe P. ramorum exists in the natural 

environment, or which APHIS considers 

to be inseparable for quarantine 

enforcement purposes from localities in 

which P. ramorum has been found in 

the natural environment. 

Regulated areas are defined in the 

regulations as areas in which P. 

ramorum has been found on nursery 

stock in commercial nurseries, but in 

which P. ramorum has not been found 

in the natural environment. The 

quarantined areas for P. ramorum are 

designated in paragraph (a) of § 301.92– 

3. Regulated areas for P. ramorum are 

designated in paragraph (b) of § 301.92– 

3. Quarantined areas include 14 

counties in California and a portion of 

1 county in Oregon. Regulated areas 

include the remainder of California and 

Oregon, as well as the State of 

Washington. 

Section 301.92–2 of the regulations 

designates nursery stock of proven host 

taxa for P. ramorum as regulated articles 

for P. ramorum. It also designates 

nursery stock of taxa associated with P. 

ramorum, but not proven to be hosts, as 

associated articles for P. ramorum. 

Nursery stock of taxa that are neither 

designated as proven hosts nor as 

associated with P. ramorum are 

considered to be non-hosts. 

Section 301.92–4 of the regulations 

contains conditions for the interstate 

movement of regulated and non-host 

nursery stock from quarantined areas for 

P. ramorum. This section also contains 

conditions for the interstate movement 

of regulated and non-host nursery stock 

from regulated areas for P. ramorum. 

The conditions for movement of both 

regulated and non-host nursery stock 

from a quarantined area for P. ramorum 

are found in paragraphs (a) and (c) of 

§ 301.92–4, while the conditions for 


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29466 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Proposed Rules 

1https://www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-disease-programs/pestsand-diseases/phytophthora-ramorum/ct_

phytophthora_ramorum_sudden_oak_death. 

interstate movement of both regulated 

and non-host nursery stock from a 

regulated area for P. ramorum are found 

in paragraph (d) of that section. 

Paragraph (d) requires certificates to 

be issued in order for regulated nursery 

stock to be shipped interstate from a 

regulated area for P. ramorum, and also 

requires certificates to be issued for the 

interstate movement of non-host nursery 

stock, if the nursery from which the 

nursery stock originates contains 

regulated or associated articles for P. 

ramorum. If the nursery contained only 

non-host nursery stock, then certificates 

are not required, provided that the 

nursery is inspected and found free of 

evidence of P. ramorum. (We discuss 

the inspection protocols, which are 

found in § 301.92–11 of the regulations, 

in the following paragraphs.) 

Section 301.92–5 of the regulations 

requires that, in order for nurseries in 

quarantined or regulated areas for P. 

ramorum to ship regulated or non-host 

nursery stock interstate under a 

certificate, the nurseries have to be 

inspected annually in accordance with 

inspection and sampling protocols. The 

inspection and sampling protocols are 

found in § 301.92–11 of the regulations. 

The inspection and sampling protocols 

for nurseries in quarantined areas for P. 

ramorum that ship regulated or nonhost nursery stock interstate are found 

in paragraphs (a) and (b) of § 301.92–11, 

respectively, while the inspection and 

sampling protocols for nurseries in 

regulated areas for P. ramorum that ship 

regulated or non-host nursery stock 

interstate are found in paragraphs (c) 

and (d) of § 301.92–11, respectively. 

Paragraph (c) of § 301.92–11 contains 

the following inspection and sampling 

protocol for nurseries in regulated areas 

for P. ramorum that ship regulated 

nursery stock interstate: Visual 

inspection of the nurseries for 

symptoms of P. ramorum; sampling of 

plants showing symptoms of infection 

with P. ramorum; and testing of those 

samples using an approved test 

(approved tests and testing protocols for 

P. ramorum are found in § 301.92–12 of 

the regulations). While testing is 

ongoing, the symptomatic plants, the lot 

containing the symptomatic plants, and 

plants located within 2 meters of that lot 

cannot be moved interstate. Nurseries in 

quarantined areas for P. ramorum are 

subject to a similar protocol with more 

stringent inspection requirements. 

Finally, nurseries in quarantined and 

regulated areas for P. ramorum that 

contain and ship only non-host nursery 

stock are subject to a similar inspection 

protocol, but are only subject to 

sampling and testing if an inspector 

found plants showing symptoms of P. 

ramorum. 

Over a 9-year period, from 2004, 

when we implemented these protocols, 

to 2013, APHIS and the State plant 

protection authorities of California, 

Oregon, and Washington inspected 

approximately 3,050 nurseries annually. 

During that time period, P. ramorum 

was never detected at a nursery located 

in a regulated area for P. ramorum and 

that contains and ships interstate only 

non-host nursery stock. Additionally, P. 

ramorum was discovered in the natural 

environment of only one area that had 

been regulated for P. ramorum, a 

portion of Curry County, OR. 

Additionally, of the nurseries in 

regulated areas for P. ramorum that 

contain and ship interstate regulated 

nursery stock, P. ramorum was detected 

at a very small percentage—usually no 

more than 3 percent annually. The vast 

majority of the nurseries were found 

free of P. ramorum each time they were 

inspected. 

If P. ramorum was detected at a 

nursery during one of these inspections, 

however, it often was not limited to 

infected plants. Rather, multiple sources 

of the inoculum often were detected at 

the nursery; these include growing 

media, pots used for nursery stock, 

standing water, drainage water, and 

water used for irrigation. This is also 

true of nurseries that are located in 

quarantined areas for P. ramorum and in 

which the disease was detected. 

Finally, between 2004 and 2013, 

APHIS detected P. ramorum in 120 

nurseries in areas that are neither 

quarantined nor regulated for P. 

ramorum, and in which APHIS has no 

reason to believe P. ramorum exists in 

the natural environment. Most of these 

nurseries were retailers that sell directly 

to consumers and do not engage in 

interstate commerce. However, some 

did ship regulated, restricted, and 

associated articles interstate. Several of 

those nurseries tested positive for P. 

ramorum in their soil, standing water, 

water for irrigation, or growing media. 

This data led us to reevaluate our 

regulatory strategy for addressing the 

artificial spread of P. ramorum within 

the United States. As a result of this 

reevaluation, we no longer saw a need 

for regulating geographical areas for P. 

ramorum unless we determined that the 

area met the criteria for designation as 

a quarantined area for P. ramorum. 

However, we did see a need to regulate 

nurseries outside of quarantined areas 

for P. ramorum if the nurseries shipped 

regulated, restricted, or associated 

articles interstate and sources of P. 

ramorum were discovered at the 

nursery. 

Accordingly, in a Federal Order 

issued on January 10, 2014, and a 

Federal Order issued on April 3, 2015, 

we restructured the domestic quarantine 

program for Phytophthora ramorum.1

Specifically: 

• We deregulated all regulated areas 

for P. ramorum, and removed all 

regulatory restrictions specific to those 

areas. 

• Instead of regulated areas for P. 

ramorum, we implemented regulated 

establishments for P. ramorum. A 

regulated establishment is a nursery that 

is not located in a quarantined area for 

P. ramorum, that ships regulated, 

restricted, or associated articles 

interstate, and in which sources of P. 

ramorum inoculum are detected on 

nursery stock, or in soil, growing media, 

pots used for nursery stock, standing 

water, drainage water, water used for 

irrigation, or any other regulated, 

restricted, or associated articles at the 

nursery. 

• We instituted inspection and 

sampling protocols for regulated 

establishments. 

• We implemented restrictions on the 

interstate movement of regulated, 

restricted, and associated articles from 

regulated establishments. 

• We revised the inspection and 

sampling protocol for nurseries in 

quarantined areas, as well as the 

conditions for interstate movement of 

regulated, restricted, and associated 

articles from certain of those nurseries. 

We are proposing to update the 

regulations to reflect the changes made 

by the Federal Orders to the 

Phytophthora ramorum domestic 

quarantine program. Additionally, we 

are proposing to update the lists of 

regulated and associated articles for P. 

ramorum, and establish conditions for 

the interstate movement of soil samples 

from areas quarantined for P. ramorum. 

Below, we discuss these amendments 

to the regulations at greater length. 

Removal of Regulated Areas and 

Establishment of Regulated 

Establishments 

As we mentioned earlier in this 

document, paragraph (b) of § 301.92–3 

lists areas designated as regulated areas 

for Phytophthora ramorum. Proposed 

paragraph (b) would provide conditions 

for the designation and deregulation of 

regulated establishments. Specifically, it 

would state that the Administrator 

would designate a nursery that is not 

located in a quarantined area for P. 


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ramorum as a regulated establishment 

for P. ramorum if the nursery ships 

regulated, restricted, or associated 

articles interstate and sources of P. 

ramorum are detected on nursery stock, 

or in soil, growing media, pots used for 

nursery stock, standing water, drainage 

water, water used for irrigation, or any 

other regulated, restricted, or associated 

articles at the nursery. It would also 

state that the Administrator would 

withdraw regulation of a regulated 

establishment if, for 3 consecutive years, 

each time the nursery is inspected by an 

inspector, it is found free of sources of 

P. ramorum inoculum. We discuss the 

inspection and sampling protocols for 

regulated establishments later in this 

document. 

Currently, paragraph (d) of § 301.92– 

4 contains conditions for interstate 

movement of both regulated and nonhost nursery stock from a regulated area 

for Phytophthora ramorum. Proposed 

paragraph (d) would contain conditions 

for the movement of regulated, 

restricted, and associated articles from 

regulated establishments. In order for 

such articles to be moved interstate, the 

regulated establishment would have to 

enter into a compliance agreement with 

APHIS, and the articles would have to 

be accompanied by a certificate issued 

in accordance with § 301.92–5. We are 

also proposing to amend the heading of 

the section so that it is clear that it 

contains conditions for the interstate 

movement of regulated, restricted, and 

associated articles from regulated 

establishments. 

Within § 301.92–5, paragraph (b) 

contains conditions for the issuance of 

certificates for regulated articles of 

nursery stock, associated articles, and 

non-host nursery stock from nurseries in 

regulated areas. Proposed paragraph (b) 

would contain conditions for the 

issuance of certificates for regulated, 

restricted, and/or associated articles 

from regulated establishments. Under 

the proposal, in order for a certificate to 

be issued for such articles, an inspector 

would have to determine that the 

nursery entered into a compliance 

agreement with APHIS and abided by 

all terms and conditions of that 

compliance agreement, the nursery had 

been inspected in accordance with the 

inspection and sampling protocols 

specified in § 301.92–11, the articles to 

be shipped interstate are free from P. 

ramorum inoculum, and the movement 

of the articles would not be subject to 

additional restriction under the PPA or 

other Federal domestic plant 

quarantines and regulations. 

Within § 301.92–11, paragraph (c) 

contains inspection and sampling 

protocols for nurseries in regulated 

areas that ships regulated articles of 

nursery stock or associated articles 

interstate. Proposed paragraph (c) would 

contain inspection and sampling 

protocols for regulated establishments 

shipping regulated, restricted, or 

associated articles interstate. 

Specifically, proposed paragraph (c) 

would require that regulated 

establishments be inspected at least 

twice annually for symptoms of P. 

ramorum infestation by an inspector. 

The inspection would focus on 

regulated plants and other potential 

sources of P. ramorum inoculum. 

Additionally, during such inspections, 

samples would be taken from host 

plants, soil, standing water, drainage 

water, water for irrigation, growing 

media, and any other articles 

determined by the inspector to be 

possible sources of P. ramorum 

inoculum. The number of samples taken 

could vary depending on the possible 

sources of P. ramorum identified at the 

nursery, as well as the number of host 

articles in the nursery. Finally, samples 

would be labeled and sent for testing to 

a laboratory approved by APHIS in 

accordance with the regulations. 

If all samples tested returned negative 

results for P. ramorum, an inspector 

could certify that the nursery is free of 

P. ramorum at the time of the 

inspection, and all regulated, restricted, 

and associated articles at the nursery 

would be considered free from P. 

ramorum inoculum for purposes of 

§ 301.92–5(b) until the time of the next 

inspection. Additionally, as we 

mentioned previously in this document, 

if, for 3 consecutive years, the nursery 

is determined to be free of sources of P. 

ramorum inoculum each time it is 

inspected by an inspector, it would be 

deregulated. 

If any samples tested return positive 

results for P. ramorum, the nursery 

could ship lots of regulated, restricted, 

or associated articles interstate under a 

certificate only if the lot is determined 

to be free from P. ramorum inoculum. 

(In other words, the articles at the 

nursery are not presumed to be free 

from P. ramorum inoculum because of 

the positive samples, and would be 

evaluated on a lot-by-lot basis.) The 

method for this determination would be 

specified within the nursery’s 

compliance agreement with APHIS. 

Paragraph (d) of § 301.92–11 contains 

an inspection and sampling protocol for 

nurseries in regulated areas for P. 

ramorum that ship non-host nursery 

stock interstate, and do not contain 

regulated or associated articles. Because 

we are proposing to remove regulated 

areas from the regulations, and nurseries 

that only contain and ship interstate 

non-host nursery stock would not be 

designated as regulated establishments, 

we are proposing to remove the 

inspection and sampling protocol 

contained in paragraph (d) of § 301.92– 

11 from the regulations. 

We are also proposing to make several 

harmonizing changes to other sections 

of the regulations to reflect the removal 

of regulated areas for P. ramorum and 

implementation of regulated 

establishments for P. ramorum. 

Section 301.92 contains general 

restrictions on the interstate movement 

of regulated, restricted, and associated 

articles, as well as other nursery stock. 

Paragraph (b) of § 301.92 states that no 

person may move nursery stock 

interstate from a nursery in a regulated 

area for P. ramorum except in 

accordance with the regulations. 

Proposed paragraph (b) would specify 

that no person may move restricted, 

regulated, or associated articles from a 

regulated establishment except in 

accordance with the regulations. 

Currently, paragraph (c) of § 301.92 

states that no person may move 

regulated, restricted, or associated 

articles interstate from a quarantined or 

regulated area for P. ramorum if the 

articles have been tested with a test 

approved by APHIS and found infected 

with P. ramorum, or if the articles are 

part of a plant that was found infected 

with P. ramorum, unless the articles are 

moved in accordance with 7 CFR part 

330 (i.e., our regulations governing the 

interstate movement of plant pests). 

Proposed paragraph (c) would prohibit 

the interstate movement from 

quarantined areas or regulated 

establishments of articles that have been 

found infected with P. ramorum or that 

are part of a plant that has been found 

infected with P. ramorum. 

Section 301.92–1 contains definitions 

of terms used in the regulations. The 

section includes a definition of 

regulated area. Since that term is no 

longer used in the P. ramorum domestic 

quarantine program, we are proposing to 

remove the definition from § 301.92–1. 

We are also proposing to add a 

definition of regulated establishment to 

§ 301.92–1. The definition would state 

that a regulated establishment is any 

nursery regulated by APHIS pursuant to 

paragraph (b) of § 301.92–3 of the 

regulations. 

Revisions to Inspection and Sampling 

Protocols for Quarantined Areas 

As we mentioned earlier in this 

document, paragraph (a) of § 301.92–11 

contains an inspection and sampling 

protocol for nurseries in quarantined 

areas for P. ramorum that ship regulated 

nursery stock interstate, while 


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2To view the Federal Order, go to https://

www.aphis.usda.gov/plant_health/plant_pest_info/ 

pram/downloads/pdf_files/DA-2016-34.pdf. 

paragraph (b) of § 301.92–11 contains an 

inspection and sampling protocol for 

nurseries in quarantined areas for P. 

ramorum that ship non-host nursery 

stock interstate. 

Proposed paragraph (a) would contain 

two separate inspection and sampling 

protocols. Pursuant to the January 2014 

Federal Order, if P. ramorum has not 

been discovered at the nursery since 

March 31, 2011, the inspection and 

sampling protocol for the nursery would 

be substantially similar to the one 

currently stated in the regulations. The 

only change would be the minimum 

number of samples that would be tested 

at the nursery: Whereas the regulations 

provide for a minimum of 40 samples, 

under the Federal Order the minimum 

number of samples is set on a nurseryby-nursery basis depending on the 

amount of regulated, restricted, and 

associated articles at the nursery. We are 

proposing to revise paragraph (a) to 

align the regulations with changes made 

by the Federal Order. 

Proposed paragraph (a) would also 

provide that if, however, P. ramorum 

has been discovered at the nursery since 

March 31, 2011, the nursery would be 

subject to the same inspection and 

sampling protocol as that specified for 

regulated establishments. Unlike 

regulated establishments, however, if a 

nursery in a quarantined area is tested 

and found free of P. ramorum inoculum 

for 3 consecutive years, it would not be 

released from regulation, but rather 

reverted to the previous inspection and 

sampling protocol. 

We are proposing minor revisions to 

paragraph (b) of § 301.92–11 to reflect 

these changes to paragraph (a). 

We are also proposing to make one 

additional amendment to § 301.92–11. 

The introductory text to the section 

contains a table to aid nurseries in 

determining what inspection and 

sampling protocol they are subject to. 

One of the primary purposes of the table 

is to delineate the different inspection 

and sampling protocols for regulated 

areas, which is no longer necessary. 

Another primary purpose of the table is 

to clarify that inspection and sampling 

protocols for nurseries in quarantined 

areas differed based on whether the 

nursery ships regulated nursery stock 

interstate. This is no longer necessarily 

the case; a nursery in a quarantined area 

for P. ramorum that ships only regulated 

nursery stock interstate would be 

subject to the same inspection and 

sampling protocol as a nursery that 

ships non-host nursery stock interstate 

if P. ramorum had not been discovered 

at the nursery since March 31, 2011. For 

these reasons, we are proposing to 

remove the table from the regulations. 

As we mentioned earlier in this 

document, § 301.92–12 of the 

regulations contains approved tests and 

testing protocols for P. ramorum. 

Paragraph (a) is written in a manner 

which considers all samples tested for 

P. ramorum using an optional ELISA 

prescreening to be plants or plant 

products. As a result of our proposed 

revisions to § 301.92–11, samples tested 

using an optional ELISA prescreening 

may not always be from plants or plant 

products; for example, they may come 

from standing water or water used for 

irrigation. Therefore, we are proposing 

to revise paragraph (a) of § 301.92–12 

accordingly. 

Revisions to the Lists or Regulated and 

Associated Articles 

As we mentioned previously in this 

document, § 301.92–2 of the regulations 

designates nursery stock of proven host 

taxa for P. ramorum as regulated articles 

for P. ramorum. It also designates 

nursery stock of taxa associated with P. 

ramorum, but not proven to be hosts, as 

associated articles for P. ramorum. We 

are proposing to add Cinnamomum 

camphora and Gaultheria procumbens 

to the list of regulated articles, and Ilex 

cornuta, Illicium parviflorum, Larix 

kaempferi, Magnolia denudata, 

Mahonia nervosa, Molinadendron 

sinaloense, Trachelospermum 

jasminoides, and Veronica spicata Syn. 

Pseudolysimachion spicatum to the list 

of associated articles. 

Conditions for the Interstate Movement 

of Soil Samples 

As we mentioned previously in this 

document, paragraph (a) of § 301.92–4 

provides conditions for the interstate 

movement of regulated articles from 

quarantined areas for P. ramorum. 

Paragraph (a)(2) of that section provides 

conditions for the interstate movement 

of regulated articles without a 

certificate. 

On June 1, 2016, we issued a Federal 

Order 2 authorizing the interstate 

movement of soil samples for chemical 

or physical (compositional analysis) 

from quarantined areas for P. ramorum 

without a certificate, provided that they 

are moved to a laboratory, and that 

laboratory: 

• Has entered into and is operating 

under a compliance agreement with 

APHIS in accordance with § 301.92–6; 

• Is abiding by all terms and 

conditions of that compliance 

agreement; and 

• Is approved by APHIS to test and/ 

or analyze such samples. 

We are proposing to amend paragraph 

(a)(2) of § 301.92–4 based on the 

provisions of this Federal Order. 

Executive Orders 12866 and 13771 and 

Regulatory Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. This 

proposed rule is not expected to be an 

Executive Order 13771 regulatory action 

because this proposed rule is not 

significant under Executive Order 

12866. Further, APHIS considers this 

rule to be a deregulatory action under 

Executive Order 13771 as the action 

would remove regulated areas for P. 

ramorum from the regulations, as well 

as the regulatory requirements specific 

to such areas, thus relieving restrictions 

on affected entities located in those 

areas. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov website (see ADDRESSES

above for instructions for accessing 

Regulations.gov). 

This proposed rule would revise the 

P. ramorum domestic regulations to 

accord with Federal Orders issued 

2013–2016. The Federal Orders have 

allowed APHIS and State regulatory 

agencies to focus regulatory controls on 

the nurseries that present a significant 

risk of spreading the pathogen and away 

from those nurseries that pose a 

negligible risk of contributing to its 

artificial spread, thereby more 

efficiently apportioning resources and 

regulatory burden. 

This proposed rule would remove the 

designation of P. ramorum regulated 

areas, as well as all restrictions and 

protocols specific to those areas. It 

would relieve the regulatory burden on 

approximately 1,500 nurseries where 

the disease is not present in the 

environment. As an alternative to 

regulated areas, this action would codify 

the concept of regulated establishments 

that would be required to enter into 

compliance agreement with APHIS. 

The annual cost of complying with 

the P. ramorum management 

requirements in the regulations averages 

about $15,000 per nursery. Thus, the 

cost savings for the 1,500 operations 

relieved of these management 

requirements totals $22.5 million per 

year. In addition, by not requiring 

annual certification by APHIS or State 


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officials, there are public cost savings of 

$252,000. 

This rule would not deregulate the 

current P. ramorum quarantined areas, 

nor would it deregulate interstate 

shipping nurseries located within these 

quarantined areas. For regulated 

establishments and establishments 

located within quarantined areas, 

compliance costs may increase or 

decrease depending on amended best 

management practices, but any related 

change in operational costs is not 

expected to be significant. The majority 

of establishments affected by this rule 

are small entities. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 2 CFR 

chapter IV.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule; (2) no retroactive effect will be 

given to this rule; and (3) administrative 

proceedings will not be required before 

parties may file suit in court challenging 

this rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the reporting, 

recordkeeping, and third party 

disclosure requirements included in this 

proposed rule have already been 

approved by the Office of Management 

and Budget (OMB) under OMB control 

numbers 0579–0088 and 0579–0310. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact Ms. 

Kimberly Hardy, APHIS’ Information 

Collection Coordinator, at (301) 851– 

2483. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we propose to revise 7 

CFR part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. Section 301.92 is amended as 

follows: 

■ a. By revising paragraph (b); and 

■ b. In paragraph (c), by removing the 

words ‘‘quarantined or regulated area’’ 

and adding the words ‘‘quarantined area 

or regulated establishment’’ in their 

place. 

The revision reads as follows: 

§ 301.92 Restrictions on interstate 

movement. 

* * * * * 

(b) No person may move interstate 

from any regulated establishment any 

regulated, restricted, or associated 

articles except in accordance with this 

subpart. 

* * * * * 

■ 3. Section 301.92–1 is amended as 

follows: 

■ a. By removing the definition of 

Regulated area; and 

■ b. By adding a definition of Regulated 

establishment in alphabetical order. 

The addition reads as follows: 

§ 301.92–1 Definitions. 

* * * * * 

Regulated establishment. Any nursery 

regulated by APHIS pursuant to 

§ 301.92–3(b). 

* * * * * 

■ 4. Section 301.92–2 is amended as 

follows: 

■ a. In paragraph (d), by adding entries 

alphabetically for Cinnamomum 

camphora and Gaultheria procumbens; 

and 

■ b. In paragraph (e), by adding entries 

alphabetically for Ilex cornuta, Illicium 

parviflorum, Larix kaempferi, Magnolia 

denudata, Mahonia nervosa, 

Molinadendron sinaloense, 

Trachelospermum jasminoides, and 

Veronica spicata Syn. 

Pseudolysimachion spicatum. 

The additions read as follows: 

§ 301.92–2 Restricted, regulated, and 

associated articles; lists of proven hosts 

and associated plant taxa. 

* * * * * 

(d) * * * 

* Cinnamomum camphora Camphor 

tree 

* * * * * 

* Gaultheria procumbens, Eastern 

teaberry 

* * * * * 

(e) * * * 

* Ilex cornuta Buford holly, Chinese 

holly 

* * * * * 

* Illicium parviflorum Yellow anise 

* Larix kaempferi Japanese larch 

* * * * * 

* Magnolia denudata Lily tree 

* * * * * 

* Mahonia nervosa Creeping Oregon 

grape 

* * * * * 

* Molinadendron sinaloense 

* * * * * 

*Trachelospermum jasminoides Star 

jasmine, confederate jasmine 

* * * * * 

* Veronica spicata Syn. 

Pseudolysimachion spicatum Spiked 

speedwell 

■ 5. Section 301.92–3 is revised to read 

as follows: 

§ 301.92–3 Quarantined areas and 

regulated establishments. 

(a) Quarantined areas. (1) Except as 

otherwise provided in paragraph (a)(2) 

of this section, the Administrator will 

designate as a quarantined area in 

paragraph (a)(3) of this section each 

State, or each portion of a State, in 

which Phytophthora ramorum has been 

confirmed by an inspector to be 

established in the natural environment, 

in which the Administrator has reason 

to believe that Phytophthora ramorum is 

present in the natural environment, or 

that the Administrator considers it 

necessary to quarantine because of its 

inseparability for quarantine 

enforcement purposes from localities in 

which Phytophthora ramorum has been 

found in the natural environment. Less 

than an entire area will be designated as 

a quarantined area only if the 

Administrator determines that: 

(i) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of regulated, restricted, and 

associated articles that are substantially 

the same as those imposed by this 

subpart on the interstate movement of 

regulated, restricted, and associated 

articles; and 


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(ii) The designation of less than the 

entire State as a quarantined area will 

prevent the interstate spread of 

Phytophthora ramorum. 

(2) The Administrator or an inspector 

may temporarily designate any 

nonquaratined area as a quarantined 

area in accordance with paragraph (a)(1) 

of this section. The Administrator will 

give a copy of this regulation along with 

a written notice for the temporary 

designation to the owner or person in 

possession of the nonquarantined area. 

Thereafter, the interstate movement of 

any regulated, restricted, or associated 

article from an area temporarily 

designated as a quarantined area will be 

subject to this subpart. As soon as 

practicable, this area will be added to 

the list in paragraph (a)(3) 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. 

(3) The following areas are designated 

as quarantined areas: 

California 

Alameda County. The entire county. 

Contra Costa County. The entire 

county. 

Humboldt County. The entire county. 

Lake County. The entire county. 

Marin County. The entire county. 

Mendocino County. The entire 

county. 

Monterey County. The entire county. 

Napa County. The entire county. 

San Francisco County. The entire 

county. 

San Mateo County. The entire county. 

Santa Clara County. The entire 

county. 

Santa Cruz County. The entire county. 

Solano County. The entire county. 

Sonoma County. The entire county. 

Trinity County. The entire county. 

Oregon 

Curry County. The following portion 

of Curry County that lies inside the area 

starting at the point where the mouth of 

the Rogue River meets the Pacific Ocean 

and continuing east along the Rogue 

River to the northeast corner of T35S 

R12W section 31; then south to the 

northeast corner of T38S R12W section 

18; then east to the northeast corner of 

T38S R12W section 13; then south to 

northeast corner of T38S R12W section 

25; then east to the northeast corner of 

T38S R11W section 29; then south to 

the northeast corner of T40S R11W 

section 8; then east to the northeast 

corner of T40S R11W section 10; then 

south to the State border with 

California; then west to the intersection 

of the State border and U.S. Highway 

101; then northwest along U.S. Highway 

101 to the intersection with West 

Benham Lane; then west along West 

Benham Lane to the Pacific Coastline; 

then following the Pacific Coastline 

northwest to the point of beginning. 

(b) Regulated establishments. (1) 

Designation. The Administrator will 

designate a nursery that is not located 

in a quarantined area for Phytophthora 

ramorum as a regulated establishment 

for Phytophthora ramorum if the 

nursery ships regulated, restricted, or 

associated articles interstate and sources 

of Phytophthora ramorum are detected 

on nursery stock, or in soil, growing 

media, pots used for nursery stock, 

standing water, drainage water, water 

used for irrigation, or any other 

regulated, restricted, or associated 

articles at the nursery. 

(2) Deregulation. The Administrator 

will withdraw regulation of a regulated 

establishment if, for 3 consecutive years, 

each time the nursery is inspected by an 

inspector, it is found free of sources of 

Phytophthora ramorum inoculum. 

(Approved by the Office of Management and 

Budget under control number 0579–0310) 

■ 6. Section 301.92–4 is amended as 

follows: 

■ a. By revising the section heading; and 

■ b. By revising paragraphs (a)(2) and 

(d). 

The revisions read as follows: 

§ 301.92–4 Conditions governing the 

interstate movement of regulated, 

restricted, and associated articles, and nonhost nursery stock from quarantined and 

regulated establishments. 

(a) * * * 

(2) Without a certificate. (i)(A) The 

regulated article or associated article 

originated outside the quarantined area 

and the point of origin of the article is 

indicated on the waybill of the vehicle 

transporting the article; and 

(B) The regulated or associated article 

is moved from outside of the 

quarantined area through the 

quarantined area without stopping 

except for refueling or for traffic 

conditions, such as traffic lights or stop 

signs, and the article is not unpacked or 

unloaded in the quarantined area. 

(ii) Soil samples may be moved from 

a quarantined area for Phytophthora 

ramorum for chemical or physical 

(compositional) analysis provided that 

they are moved to a laboratory; and that 

laboratory: 

(A) Has entered into and is operating 

under a compliance agreement with 

APHIS in accordance with § 301.92–6; 

(B) Is abiding by all terms and 

conditions of that compliance 

agreement; and 

(C) Is approved by APHIS to test and/ 

or analyze such samples. 

* * * * * 

(d) Interstate movement of regulated, 

restricted, and associated articles from 

regulated establishments. Regulated, 

restricted, and associated articles may 

be moved interstate from a regulated 

establishment if the regulated 

establishment has entered into a 

compliance agreement with APHIS in 

accordance with § 301.92–6, and the 

articles are accompanied by a certificate 

issued in accordance with § 301.92–5. 

■ 7. Section 301.92–5 is amended by 

revising paragraphs (a)(1)(iv)(A) and (b) 

to read as follows: 

§ 301.92–5 Issuance and cancellation of 

certificates. 

(a) * * * 

(1) * * * 

(iv) * * * 

(A)(1) Are shipped from a nursery that 

has been inspected in accordance with 

the inspection and sampling protocol 

described in § 301.92–11(a)(1), and the 

nursery is free of evidence of 

Phytophthora ramorum infestation; or 

(2) Are shipped from a nursery that 

has been inspected in accordance with 

the inspection and sampling protocol 

described in § 301.92–11(a)(2), and the 

nursery is free of evidence of 

Phytophthora ramorum infestation; or 

(3) Are shipped from a nursery that 

has been inspected in accordance with 

the inspection and sampling protocol 

described in § 301.92–11(a)(2), is not 

free of evidence of Phytophthora 

ramorum infestation, but has entered 

into and is operating under a 

compliance agreement with APHIS, and 

is determined by an inspector to be 

abiding by all terms and conditions of 

that agreement; and 

* * * * * 

(b) Movements from regulated 

establishments. An inspector may issue 

a certificate for the movement of 

regulated, restricted, and/or associated 

articles from a regulated establishment 

if the inspector determines that: 

(1) The nursery has entered into a 

compliance agreement APHIS in 

accordance with § 301.92–6 and is 

abiding by all terms and conditions of 

that agreement; and 

(2) The nursery has been inspected in 

accordance with § 301.92–11(c); and 

(3) The articles to be shipped 

interstate are free from Phytophthora 

ramorum inoculum; and 

(4) The movement of the articles is 

not subject to additional restriction 

under section 414 of the Plant 

Protection Act (7 U.S.C. 7714) or other 


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Federal domestic plant quarantines and 

regulations. 

* * * * * 

§ 301.92–6 [Amended] 

■ 8. Section 301.92–6 is amended as 

follows: 

■ a. By redesignating footnote 15 as 

footnote 12; and 

■ b. In the OMB citation at the end of 

the section, by adding the words ‘‘0579– 

0088 and’’ after the word ‘‘numbers’’. 

§ 301.92–7 [Amended] 

■ 9. In § 301.92–7, footnote 16 is 

redesignated as footnote 13. 

■ 10. Section 301.92–11 is revised to 

read as follows: 

§ 301.92–11 Inspection and sampling 

protocols. 

(a) Nurseries in quarantined areas 

shipping regulated articles of nursery 

stock and associated articles interstate. 

(1) Nurseries in which Phytophthora 

ramorum has not been detected since 

March 31, 2011. To meet the 

requirements of § 301.92–5(a)(1)(iv), 

nurseries that are located in quarantined 

areas, that move regulated articles of 

nursery stock, decorative trees without 

roots, wreaths, garlands, or greenery, 

associated articles, or non-host nursery 

stock interstate, and in which 

Phytophthora ramorum has not been 

detected since March 31, 2011, must 

meet the following requirements. Any 

such nurseries in quarantined areas that 

do not meet the following requirements 

are prohibited from moving regulated 

articles and associated articles 

interstate. Any such nurseries in 

quarantined areas that do not meet the 

following requirements or those in 

paragraph (b) of this section are 

prohibited from moving non-host 

nursery stock interstate. 

(i) Annual inspection, sampling, and 

testing. (A) Inspection. The nursery 

must be inspected annually for 

symptoms of Phytophthora ramorum by 

an inspector. Inspectors will visually 

inspect for symptomatic plants 

throughout the nursery, and inspection 

will focus on, but not be limited to, 

regulated articles and associated 

articles. 

(B) Sampling. A minimum number of 

plant samples must be tested per 

nursery location. The minimum number 

will be determined by APHIS on a 

nursery-by-nursery basis, based on the 

number of regulated, restricted, and 

associated articles contained in the 

nursery. Each sample may contain more 

than one leaf, and may come from more 

than one plant, but all plants in the 

sample must be from the same lot. 

Asymptomatic samples, if collected, 

must be taken from regulated and 

associated articles and nearby plants. 

Inspectors must conduct inspections at 

times when the best expression of 

symptoms is anticipated and must take 

nursery fungicide programs into 

consideration. Nursery owners must 

keep records of fungicide applications 

for 2 years and must make them 

available to inspectors upon request. 

(C) Testing. Samples must be labeled 

and sent for testing to a laboratory 

approved by APHIS and must be tested 

using a test method approved by APHIS, 

in accordance with § 301.92–12. 

(D) Annual certification. If all plant 

samples tested in accordance with this 

section and § 301.92–12 return negative 

results for Phytophthora ramorum, an 

inspector may certify that the nursery is 

free of evidence of Phytophthora 

ramorum infestation at the time of the 

inspection, and the nursery is eligible to 

enter into or maintain its compliance 

agreement in accordance with § 301.92– 

6. 

(ii) Pre-shipment inspection, 

sampling, and testing. (A) Inspection. 

During the 30 days prior to interstate 

movement from a nursery in a 

quarantined area, regulated articles or 

associated articles intended for 

interstate movement must be inspected 

for symptoms of Phytophthora ramorum 

by an inspector. Inspection will focus 

on, but not be limited to, regulated 

articles and associated articles. No 

inspections of shipments will be 

conducted unless the nursery from 

which the shipment originates has a 

current and valid annual certification in 

accordance with this section. 

(1) If no symptomatic plants are found 

upon inspection, the shipment may be 

considered free from evidence of 

Phytophthora ramorum and is eligible 

for interstate movement, provided that 

the nursery is operating under a 

compliance agreement with APHIS in 

accordance with § 301.92–6. 

(2) If symptomatic plants are found 

upon inspection, the inspector will 

collect at least one sample per 

symptomatic plant, and one sample per 

regulated article or associated article 

that is in close proximity to, or that has 

had physical contact with, a 

symptomatic plant. 

(B) Testing and withholding from 

interstate movement. Samples taken in 

accordance with this paragraph (a)(1) 

must be labeled and sent for testing to 

a laboratory approved by APHIS and 

must be tested using a test method 

approved by APHIS, in accordance with 

§ 301.92–12. The interstate movement of 

plants in the shipment is prohibited 

until the plants in the shipment are 

determined to be free of evidence of 

Phytophthora ramorum infection in 

accordance with § 301.92–12. 

(2) Nurseries in which Phytophthora 

ramorum has been detected since March 

31, 2011. To meet the requirements of 

§ 301.92–5(a)(1)(iv), nurseries that are 

located in quarantined areas, that move 

regulated articles of nursery stock, 

decorative trees without roots, wreaths, 

garlands, or greenery, associated 

articles, or non-host nursery stock 

interstate, and in which Phytophthora 

ramorum has been detected since March 

31, 2011, must meet the following 

requirements. Any such nurseries in 

quarantined areas that do not meet the 

following requirements are prohibited 

from moving regulated articles and 

associated articles interstate. Any such 

nurseries in quarantined areas that do 

not meet the following requirements or 

those in paragraph (b) of this section are 

prohibited from moving non-host 

nursery stock interstate. 

(i) Inspections. The nursery must be 

inspected at least twice annually for 

symptoms of Phytophthora ramorum 

infestation by an inspector. The 

inspection will focus on regulated 

plants and other potential sources of 

Phytophthora ramorum inoculum. 

(ii) Sampling. Samples must be taken 

from host plants, soil, standing water, 

drainage water, water for irrigation, and 

any other articles determined by the 

inspector to be possible sources of 

Phytophthora ramorum inoculum. The 

number of samples taken may vary 

depending on the possible sources of 

inoculum identified at the nursery, as 

well as the number of host articles in 

the nursery. 

(iii) Testing. Samples must be labeled 

and sent for testing to a laboratory 

approved by APHIS and must be tested 

using a test method approved by APHIS 

in accordance with § 301.92–12. 

(iv) Negative results; certification. If 

all samples tested in accordance with 

this section and § 301.92–12 return 

negative results for Phytophthora 

ramorum, an inspector may certify that 

the nursery is free of Phytophthora 

ramorum at the time of the inspection. 

If the nursery is inspected and 

determined by an inspector to be free of 

Phytophthora ramorum inoculum each 

time it is inspected for 3 consecutive 

years, the nursery will thereafter be 

inspected in accordance with paragraph 

(a)(1) of this section. 

(v) Positive results. If any samples 

tested in accordance with this section 

and§ 301.92–12 return positive results 

for Phytophthora ramorum, the nursery 

may ship lots of regulated, restricted, 

and associated articles interstate 

pursuant to § 301.92–5(b) only if the lot 

is determined to be free from 


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Phytophthora ramorum inoculum. The 

method for this determination will be 

specified in the nursery’s compliance 

agreement with APHIS. 

(b) Nurseries in quarantined areas 

shipping non-host nursery stock 

interstate. Nurseries located in 

quarantined areas and that move nonhost nursery stock interstate must meet 

the requirements of this paragraph or 

the requirements of paragraph (a) of this 

section. If such nurseries contain any 

regulated or restricted articles, the 

nursery must meet the requirements of 

paragraph (a) of this section. This 

paragraph (b) only applies if there are 

no regulated or associated articles or 

nursery stock at the nursery. Nurseries 

that do not meet the requirements of 

paragraph (a) of this section or this 

paragraph (b) are prohibited from 

moving non-host nursery stock 

interstate. 

(1) Annual visual inspection. The 

nursery must be visually inspected 

annually for symptoms of Phytophthora 

ramorum. Inspections and 

determinations of freedom from 

evidence of Phytophthora ramorum 

infestation must occur at the time when 

the best expression of symptoms is 

anticipated. 

(2) Sampling. All plants showing 

symptoms of infection with 

Phytophthora ramorum upon inspection 

will be sampled and tested in 

accordance with § 301.92–12. If 

symptomatic plants are found upon 

inspection, the following plants must be 

withheld from interstate shipment until 

testing is completed and the nursery is 

found free of evidence of Phytophthora 

ramorum in accordance with this 

paragraph and § 301.92–12: All 

symptomatic plants, any plants located 

in the same lot as the suspect plant, and 

any plants located within 2 meters of 

this lot of plants. 

(3) Certification. If all plant samples 

tested in accordance with this section 

and § 301.92–12 return negative results 

for Phytophthora ramorum, or if an 

inspector at the nursery determines that 

plants in a nursery exhibit no signs of 

infection with Phytophthora ramorum, 

the inspector may certify that the 

nursery free of evidence of 

Phytophthora ramorum infestation at 

the time of inspection. Certification is 

valid for 1 year and must be renewed 

each year to continue shipping plants 

interstate. 

(c) Regulated establishments shipping 

regulated, restricted, or associated 

articles of interstate. (1) Inspections. To 

meet the conditions of § 301.92–5(b), the 

regulated establishment must be 

inspected at least twice annually for 

symptoms of Phytophthora ramorum 

infestation by an inspector. The 

inspection will focus on regulated 

plants and other potential sources of 

Phytophthora ramorum inoculum. 

(2) Sampling. Samples must be taken 

from host plants, soil, standing water, 

drainage water, water for irrigation, 

growing media, and any other articles 

determined by the inspector to be 

possible sources of Phytophthora 

ramorum inoculum. The number of 

samples taken may vary depending on 

the possible sources of inoculum 

identified at the nursery, as well as the 

number of host articles in the nursery. 

(3) Testing. Samples must be labeled 

and sent for testing to a laboratory 

approved by APHIS and must be tested 

using a test method approved by APHIS 

in accordance with § 301.92–12. 

(4) Negative results; certification. If all 

samples tested in accordance with this 

section and § 301.92–12 return negative 

results for Phytophthora ramorum, an 

inspector may certify that the nursery is 

free of Phytophthora ramorum at the 

time of the inspection. For purposes of 

§ 301.92–5(b), regulated, restricted, and 

associated articles at a certified nursery 

are considered free from Phytophthora 

ramorum until the time of the next 

inspection. 

(5) Positive results. If any samples 

tested in accordance with this section 

and § 301.92–12 return positive results 

for Phytophthora ramorum, the nursery 

may ship lots of regulated, restricted, 

and associated articles interstate 

pursuant to § 301.92–5(b) only if the lot 

is determined to be free from 

Phytophthora ramorum inoculum. The 

method for this determination will be 

specified in the nursery’s compliance 

agreement with APHIS. 

(Approved by the Office of Management and 

Budget under control number 0579–0310) 

§ 301.92–12 [Amended] 

■ 11. In § 301.92–12, paragraph (a) 

introductory text is amended by 

removing the words ‘‘prescreen plant 

samples’’ and adding the words 

‘‘prescreen samples’’ in their place. 

Done in Washington, DC, this 19th day of 

June 2018. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2018–13560 Filed 6–22–18; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 31 

[Docket No. FAA–2018–0566; Notice No. 31– 

18–01–SC] 

Special Conditions: Ultramagic S.A., 

Model M–56, M–56C, M–65, M–65C, M– 

77, M–77C, M–90, M–105, M–120, M– 

130, M–145, M–160, N–180, N–210, N– 

250, N–300, N–355, N–425, S–70, S–90, 

S–105, S–130, S–160, T–150, T–180, T– 

210, V–56, V–65, V–77, V–90, and V– 

105 Balloons; Balloon Passenger 

Basket, Model CV–08, Seat Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Ultramagic S.A. Model 

M–56, M–56C, M–65, M–65C, M–77, M– 

77C, M–90, M–105, M–120, M–130, M– 

145, M–160, N–180, N–210, N–250, N– 

300, N–355, N–425, S–70, S–90, S–105, 

S–130, S–160, T–150, T–180, T–210, V– 

56, V–65, V–77, V–90, and V–105 

balloons. These balloons will have 

novel or unusual design features 

associated with a standard construction 

basket with a singular distribution that 

includes four occupant seats and a 

lower sidewall. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for these design features. These 

proposed special conditions contain the 

additional safety standards the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: Send your comments on or 

before August 9, 2018. 

ADDRESSES: Send comments identified 

by docket number FAA–2018–0566 

using any of the following methods: 

b Federal eRegulations Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

b Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

b Hand Delivery of Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m., and 5 p.m., Monday through 

Friday, except Federal holidays. 


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