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

35904 

Vol. 87, No. 114 

Tuesday, June 14, 2022 

1Within part 301, subparts G, J, Q, and V are 

currently removed and reserved. 

2Certain subparts refer to quarantined areas as 

‘‘regulated areas’’ or ‘‘infested areas.’’ Since the 

term ‘‘quarantined area’’ is the most common in the 

regulations, and the terms all share a common 

meaning, we use ‘‘quarantined area’’ in this 

preamble as a general term of art inclusive of those 

other terms, and use the other terms only when 

context dictates they should be used. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2019–0035] 

RIN 0579–AE53 

Domestic Quarantine Regulations; 

Quarantined Areas and Regulated 

Articles 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to revise the 

regulations that govern domestic 

quarantines for various plant pests by 

removing lists of quarantined areas and 

regulated articles from the regulations in 

order to maintain these lists on web 

pages maintained by the Agency. We are 

proposing these amendments because 

they would allow the Agency to be more 

responsive in updating the lists. These 

changes would allow us to use a noticebased, streamlined approach to update 

the lists while continuing to protect 

plant health. 

DATES: We will consider all comments 

that we receive on or before August 15, 

2022. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Enter APHIS– 

2019–0035 in the Search field. Select 

the Documents tab, then select the 

Comment button in the list of 

documents. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2019–0035, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

The proposed rule, supporting 

documents, and any comments we 

receive on this docket may be viewed at 

www.regulations.gov or in our reading 

room, which is located in room 1620 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: Ms. 

Lynn Evans-Goldner, National Policy 

Manager, Office of the Deputy 

Administrator, PPQ, APHIS, 4700 River 

Road, Unit 137, Riverdale, MD 20737; 

(301) 851–2286; lynn.evans-goldner@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the Plant Protection Act (PPA, 

7 U.S.C 7701 et seq.), the Secretary of 

Agriculture is authorized to restrict the 

interstate movement of plants, plants 

products, and other articles to prevent 

the dissemination of plant pests and 

noxious weeds within the United States, 

and to issue regulations and orders 

regarding such restrictions. The 

Secretary has delegated this authority to 

the Animal and Plant Health Inspection 

Service (APHIS). 

Pursuant to the PPA, APHIS has 

issued the regulations in 7 CFR part 301, 

‘‘Domestic Quarantine Notices,’’ 

(referred to below as the regulations), in 

order to prevent the interstate spread of 

plant pests within the United States. 

Part 301 is currently divided into 20 

subparts. The first two subparts are 

‘‘Subpart A—Preemption and Special 

Need Requests’’ (§§ 301.1 through 

301.1–3) and ‘‘Subpart B—Imported 

Plants and Plant Parts’’ (§§ 301.10 and 

301.11). 

The remaining 18 subparts in the 

regulations each address a specific plant 

pest: ‘‘Subpart C—Fruit Flies’’ 

(§§ 301.32 through 301.32–10), ‘‘Subpart 

D—Black Stem Rust’’ (§§ 301.38 through 

301.38–8), ‘‘Subpart E—Gypsy Moth’’ 

(§§ 301.45 through 301.45–12), ‘‘Subpart 

F—Japanese Beetle (§§ 301.48 through 

301.48–8), ‘‘Subpart H—Asian 

Longhorned Beetle’’ (§§ 301.51–1 

through 301.51–9), ‘‘Subpart I—Pink 

Bollworm’’ (§§ 301.52 through 301.52– 

10), ‘‘Subpart K—South American 

Cactus Moth (§§ 301.55 through 301.55– 

9), ‘‘Subpart L—Plum Pox’’ (§§ 301.74 

through 301.74–5), ‘‘Subpart M—Citrus 

Canker (§§ 301.75–1 through 301.75– 

17), ‘‘Subpart N—Citrus Greening and 

Asian Citrus Psyllid’’ (§§ 301.76 through 

301.76–11), ‘‘Subpart O—Witchweed’’ 

(§§ 301.80 through 301.80–10), ‘‘Subpart 

P—Imported Fire Ant’’ (§§ 301.81 

through 301.81–11), ‘‘Subpart R— 

Golden Nematode’’ (§§ 301.85 through 

301.85–10), ‘‘Subpart S—Pale Cyst 

Nematode (§§ 301.86 through 301.86–9), 

‘‘Subpart T—Sugarcane Diseases’’ 

(§§ 301.87 through 301.87–10), ‘‘Subpart 

U—Karnal Bunt’’ (§§ 301.89–1 through 

301.89–16), ‘‘Subpart W—European 

Larch Canker (§§ 301.91 through 

301.91–9), and ‘‘Subpart X— 

Phytophthora Ramorum (§§ 301.92 

through 301.92–12).’’ 1

While there are differences in 

structure and nomenclature among the 

various subparts, which we discuss later 

in this document, the subparts tend to 

share a basic regulatory approach in 

common: Certain areas of the United 

States are designated as quarantined 2

areas for a plant pest, certain articles 

that may present a risk of spread of the 

plant pest in question are designated as 

regulated articles, and conditions are 

placed on the interstate movement of 

regulated articles from quarantined 

areas. 

With rare exceptions, the subparts list 

quarantined areas within the regulations 

themselves. Because these lists are 

contained in the regulations, APHIS 

must issue rules in order to update the 

lists. However, the rulemaking process 

sometimes has difficulty keeping pace 

with the expansion and contraction of 

quarantined areas for plant pests. 

Accordingly, to ensure the domestic 

quarantine programs continue to serve 

the function for which they were 

established, APHIS issues Federal 

Orders in order to designate such areas. 

During periods of rapid spread of a 

plant pest, this can result in issuance of 

a significant number of Federal Orders. 

For example, in a single fiscal year (FY 

2016), APHIS had to issue 16 Federal 

Orders designating additional 

quarantine areas for a single plant pest. 

The subparts also list regulated 

articles in the regulations themselves. 

While the subparts do allow for 

immediate designation of an article as a 


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regulated article based on an APHIS 

determination, usually by an inspector, 

that the particular article presents a risk 

of spread of the plant pest and following 

official notification to the owner of the 

particular article, these provisions are 

intended for immediate designation of 

specific articles, rather than as generally 

applicable mechanisms to designate 

additional regulated articles. Again, 

such generally applicable revisions to 

the regulations necessitate rulemaking, 

and, when rules cannot be issued in a 

sufficient expeditious manner, APHIS 

issues Federal Orders to serve the 

programs’ needs. 

While APHIS ultimately either 

rescinds Federal Orders or codifies them 

through rulemaking, in the intervening 

time period before such codification 

occurs, the regulations do not align with 

the actual lists of quarantined areas and 

regulated articles for various domestic 

quarantine programs for plant pests. 

To address this issue, in this proposed 

rule, we are proposing to revise the 

regulations to establish processes 

wherein lists of quarantined areas and 

regulated articles would be moved from 

the regulations to websites maintained 

by APHIS’ Plant Protection and 

Quarantine (PPQ) program unit for 

various plant pests. We would issue 

yearly notices in the Federal Register in 

order to communicate changes to the 

lists of quarantined areas and would 

issue notices as needed in order to make 

changes to the lists of regulated articles. 

Below, we discuss the proposed 

process that we would use for 

communicating changes to quarantined 

areas. In the course of this discussion, 

we also address how we would account 

for suppressive and generally infested 

areas, which are used in certain 

subparts within the regulations as 

subsets of quarantined areas. 

We discuss the process that we would 

use in order to make changes to the lists 

of regulated articles. In the course of 

this discussion, we discuss how we 

would account for sections in certain 

subparts that exempt articles that would 

otherwise be regulated from regulation 

regarding their interstate movement, if 

the articles are produced, processed, 

cleaned, or handled in a manner that 

addresses plant pest risk. 

We proceed sequentially through the 

subparts in the regulations in order to 

discuss instances in which we deviate 

from these overarching approaches, as 

well as to discuss minor editorial 

revisions that we are making to some of 

the subparts in order to promote clarity 

and consistency. 

Finally, we provide public 

notification that a number of Federal 

Orders would effectively be codified if 

we were to finalize this proposed rule. 

Proposed Process for Quarantined Areas 

As we mentioned earlier in this 

document, the subparts in the 

regulations generally list quarantined 

areas within the regulations themselves. 

There are, however, three subparts that 

do not do so: ‘‘Subpart C—Fruit Flies,’’ 

‘‘Subpart N—Citrus Greening and Asian 

Citrus Psyllid,’’ and ‘‘Subpart S—Pale 

Cyst Nematode.’’ In these subparts, the 

criteria for designation of a quarantined 

area are listed in the regulations, but the 

actual description listing all the 

quarantined areas is not. Rather, the 

description is maintained on the 

internet at the PPQ website for the 

relevant plant pest, and is annotated to 

indicate the last time it was changed. 

When the quarantined areas for the 

program change, the description is 

updated and annotated, and APHIS 

publishes a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the quarantined area. 

We are proposing to broaden the use 

of this approach from those three 

subparts to an overarching approach for 

part 301. In so doing, we would also 

make a slight revision to the content of 

the Federal Register notices required by 

the regulations. Whereas the regulations 

are currently written in a manner that 

makes the notices pest-specific, we 

would instead issue notices on a yearly 

basis informing the public of all 

revisions to quarantined areas that had 

occurred since the last notice was 

published. 

Accordingly, under the proposed 

approach, whenever an area met criteria 

for designation as a quarantined area, 

APHIS would issue a Federal Order 

designating the area as such, and would 

update the list of quarantined areas for 

the relevant plant pest program, and 

annotate the list with the date of the 

update. Once a year, APHIS would issue 

a single notice in the Federal Register 

informing the public of all updates to 

the lists of quarantined areas that had 

occurred since the previous notice. 

Because, under the proposed 

approach, lists of quarantined areas 

would no longer be found in the 

regulations, we are proposing to revise 

references to such lists throughout part 

301. 

Finally, in ‘‘Subpart I—Pink 

Bollworm,’’ ‘‘Subpart O—Witchweed,’’ 

and ‘‘Subpart R—Golden Nematode,’’ 

the regulations further divide 

quarantined areas into suppressive and 

generally infested areas. Suppressive 

areas are areas in which eradication of 

infestation is undertaken as an objective 

pursuant to the processes set forth in the 

subparts, while generally infested areas 

are any part of a quarantined area that 

is not a suppressive area. 

Under our proposed framework, the 

lists of quarantined areas for the pink 

bollworm, witchweed, and golden 

nematode program that PPQ maintains 

on the internet would be annotated to 

indicate suppressive and generally 

infested areas therein. When a new 

quarantined area is added for these 

programs through issuance of a Federal 

Order, the Federal Order would indicate 

the generally infested and suppressive 

areas within the new quarantined area. 

APHIS would then update the relevant 

list, including any suppressive and 

generally infested areas, on the internet 

accordingly, and our yearly Federal 

Register notice would indicate this 

update. The Federal Register notice 

would also be used to indicate changes 

to the geographical boundaries of the 

suppressive areas or generally infested 

areas that had occurred since the last 

update (for example, if APHIS were to 

pursue eradication in a generally 

infested area, or to abandon eradication 

efforts in a suppressive area). Following 

issuance of the Federal Register notice, 

APHIS would archive Federal Orders 

covered by the Federal Register notice; 

this archiving would not impact the lists 

themselves but would ensure that web 

pages devoted to the Federal Orders 

issued for a particular program did not 

become unwieldy over time. 

Proposed Process for Regulated Articles 

As we mentioned previously, 

currently, the subparts in part 301 list 

regulated articles in the regulations 

themselves, and provide for immediate 

designation of a particular article as a 

regulated article upon an APHIS 

determination, usually by an inspector, 

that the article presents a risk of 

spreading a particular plant pest. 

Under our proposed process, the lists 

of regulated articles for a particular 

subpart would be moved from the 

regulations to the relevant PPQ website 

for the plant pest in question. The 

regulations would state the criteria for 

designating additional regulated articles 

for the pest, which would be identical 

to the criteria currently stated in the 

regulations for immediate designation of 

an article. For example, the regulations 

currently allow an inspector to 

designate a specific article as a regulated 

article for witchweed, if he or she 

determined it to ‘‘present a hazard of 

spread of witchweed.’’ In our proposed 

rule, the regulations for witchweed 

would use these same criteria (‘‘present 

a hazard of spread of witchweed’’) as 


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35906 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Proposed Rules 

3 In instances in which there is an immediate or 

emergency need to designate a regulated article for 

a particular plant pest, such as when an article 

previously considered not to be a host for a 

particular pest is determined during an inspection 

to be infested with the pest, APHIS may designate 

the article as a regulated article through a Federal 

Order and update the relevant list of regulated 

articles accordingly. In such instances, as soon as 

it is feasible, APHIS would issue a notice in the 

Federal Register as discussed above. 

4To view the Federal Order, go to https://

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

cotton_pests/downloads/DA-2018-35.pdf. 

the basis for designating additional 

classes of regulated articles. 

If APHIS determines that the criteria 

for designation of a regulated article are 

met for a particular plant pest for which 

we have regulations in part 301, we 

would publish a notice in the Federal 

Register proposing to add the article to 

the list of regulated articles for that 

plant pest. The notice would also 

provide the basis for this determination, 

and would request public comment.3

If no comments are received on the 

notice, or if the comments do not 

change the Administrator or the Deputy 

Administrator’s determination, APHIS 

will publish a second notice in the 

Federal Register designating the article 

as a regulated article for that plant pest. 

Because, under the proposed 

approach, lists of regulated articles 

would no longer be found in the 

regulations, we are proposing to revise 

references to such lists throughout part 

301. 

This change would apply to all 

subparts in part 301 except ‘‘Subpart 

S—Pale Cyst Nematode.’’ The pale cyst 

nematode program has determined that, 

for program-specific needs and ease of 

reference for stakeholders, it would be 

appropriate not to weblist regulated 

articles. We would continue to 

communicate any changes to the list of 

regulated articles for pale cyst nematode 

via the current rulemaking process. 

Finally, ‘‘Subpart O—Witchweed’’ 

and ‘‘Subpart R—Golden Nematode’’ 

currently exempt articles that would 

otherwise be regulated from regulation 

regarding their interstate movement, if 

the articles are produced, processed, 

cleaned, or handled in a manner that 

addresses plant pest risk. The 

conditions under which a specific 

regulated article is exempted are listed 

in the regulations. Because we are 

proposing to move the lists of regulated 

articles from the regulations in part 301 

to their respective PPQ web page, we are 

also proposing to remove the lists of 

exemptions from the regulations in 

these two subparts. Instead, the 

regulations would indicate that, for the 

witchweed and golden nematode 

programs, the list of regulated articles 

on their respective web page is 

annotated to indicate the conditions 

under which a particular regulated 

article is exempt from regulations. 

Fruit Flies 

In ‘‘Subpart C—Fruit Flies’’ (§§ 301.32 

through 301.32–10), § 301.32–2 lists 

regulated articles. However, the manner 

in which it does so is unique within the 

regulations in part 301. 

Paragraph (a) of that section contains 

a table of berries, fruits, nuts, and 

vegetables that are considered regulated 

articles for certain species of fruit flies 

unless the berries, fruits, nuts, or 

vegetables are canned, dried, or frozen 

below ¥17.8 °C (0 °F). We are proposing 

to move this table to the PPQ fruit fly 

web page. 

Paragraph (b) of the section currently 

lists species in the family 

Cucurbitaceae, and states that plants of 

these listed species are regulated articles 

for melon fruit fly. We are moving the 

list of species from the regulations to the 

PPQ fruit fly web page. We are also 

proposing to clarify that the prohibition 

pertains to plants that are producing or 

have produced the species. We are 

proposing this clarification in order to 

indicate that a plant is still regulated, 

even if it no longer bears fruit. Finally, 

because paragraph (b) of this section 

would now contain our proposed 

notice-based process for designating 

new regulated articles for fruit flies, 

these provisions would be moved to 

paragraph (c). 

Current paragraph (c) of the section 

provides that soil is a regulated article, 

if it is within the dripline of the plants 

listed in paragraph (b) of the section or 

plants that are producing or have 

produced any article listed in paragraph 

(a) of this section. Because the lists in 

paragraph (a) and paragraph (b) would 

both be moved to the PPQ fruit fly web 

page, we are proposing to revise 

paragraph (c) to indicate that soil is a 

regulated article if it is within the 

dripline of a plant list on that website 

and is annotated with an asterisk. 

Black Stem Rust 

‘‘Subpart D—Black Stem Rust’’ differs 

from the general structure of the other 

subparts in part 301. The subpart 

quarantines the entire conterminous 

United States, including the District of 

Columbia, for black stem rust. It 

designates States and portions of States 

as protected areas if they have 

eradicated rust-susceptible plants of the 

genera Berberis, Mahoberberis, and 

Mahonia under the cooperative FederalState eradication program for black stem 

rust and have met other program 

requirements, and prohibits the 

interstate movement of all rustsusceptible Berberis, Mahoberberis, and 

Mahonia plants, seeds, fruits, and other 

plant parts capable of propagation, 

except Mahonia cuttings for decorative 

purposes into or through protected 

areas. Finally, it provides lists of species 

of Berberis, Mahoberberis, and Mahonia 

that the U.S. Department of Agriculture 

(USDA) has found to be rust-resistant, 

and allows the restricted interstate 

movement of such species into or 

through protected areas. 

In our proposed rule, we are 

proposing to move the list of protected 

areas and the lists of rust-resistant 

species from the regulations to the PPQ 

black stem rust web page. We would 

update the list of protected areas using 

the same process described previously 

in this document for quarantined areas, 

and would update the list of rustresistant species through the process 

described previously in this document 

for regulated articles. 

Gypsy Moth 

‘‘Subpart E—Gypsy Moth’’ refers to 

‘‘generally infested areas,’’ rather than 

quarantined areas. However, 

operationally, Federal and State 

employees of the program have long 

referred to generally infested areas as 

‘‘quarantined areas,’’ and this is the 

nomenclature most commonly used by 

regulated entities within the program. 

Accordingly, we are proposing to revise 

all uses of the term ‘‘generally infested 

area’’ in the subpart to ‘‘quarantined 

area.’’ This is, again, a change in 

nomenclature, and does not impact the 

contextual meaning of that term within 

the subpart. 

Japanese Beetle 

We elected not to include ‘‘Subpart 

F—Japanese Beetle,’’ within this 

proposed rule. The subpart regulates 

only airports within quarantined areas 

and designates only one regulated 

article, aircraft at or from regulated 

airports. Because of this unique 

regulatory structure, we do not consider 

the notice-based processes described in 

this document to be appropriate or 

necessary for this subpart. 

Pink Bollworm 

A 2018 Federal Order 4 (DA–2018–35) 

revised the criteria used within the 

program in order to designate an area as 

regulated for pink bollworm. We are 

proposing to incorporate these revised 

criteria within the regulations. We are 

also proposing to indicate that, as a 

result of that Federal Order, Florida is 


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the only State under Federal quarantine 

for pink bollworm. 

Witchweed 

In ‘‘Subpart O—Witchweed,’’ 

paragraph (b) of § 301.80–3 governs the 

interstate movement of soil samples to 

laboratories for processing, testing, or 

analysis. Currently, footnote 4, which 

will be redesignated as footnote 2, lists 

an address from which pamphlets 

containing provisions for laboratory 

approval may be obtained. This 

information is outdated, and no such 

pamphlets currently exist. Instead, 

provisions for laboratory approval are 

obtained from a State’s State Plant 

Health Director. We are proposing to 

update this information and include a 

web address for contact information. 

The regulations in paragraph (b) also 

state that a list of approved laboratories 

is available in a supplemental regulation 

referenced in current footnote 5. This 

information is inaccurate, as PPQ no 

longer maintains a list of approved 

laboratories. We are proposing to 

remove the phrase ‘‘and so listed by him 

in a supplemental regulation’’ from 

paragraph (b), and remove the footnote. 

Imported Fire Ant 

Within ‘‘Subpart P—Imported Fire 

Ant,’’ paragraphs (a) through (c) of 

§ 301.81–3 contain criteria for 

designating additional quarantined 

areas. We are proposing to consolidate 

these criteria into a single paragraph, 

and to make minor editorial revisions to 

improve clarity. 

Currently footnote 3 of § 301.81–4 

includes the same outdated information 

regarding provisions for laboratory 

approval for soil samples that is 

outlined in the discussion of witchweed 

above. We are proposing to update this 

information in the same manner as 

discussed above and redesignate 

footnote 3 as footnote 1. 

Golden Nematode 

Within ‘‘Subpart R—Golden 

Nematode,’’ current footnote 3 in 

§ 301.85–3, which will be redesignated 

as footnote 2, contains the same 

outdated information regarding 

provisions for laboratory approval for 

soil samples that is outlined in the 

discussions of witchweed and imported 

fire ant above. We are proposing to 

update the information in the same 

manner as discussed above. Currently, 

footnote 4 contains the same inaccurate 

information regarding a list of approved 

laboratories that is outlined in the 

discussion of witchweed. We are 

proposing to remove this inaccurate 

information in this subpart as well by 

removing footnote 4. 

Karnal Bunt 

Similarly, within ‘‘Subpart U—Karnal 

Bunt,’’ the criteria for designating a 

regulated area are found in paragraphs 

(a) through (c) of § 301.89–3. We are 

proposing to consolidate these criteria 

into a single paragraph, and to make 

minor editorial revisions to improve 

clarity. 

In the same section, we are updating 

a reference to an obsolete statutory 

authority to instead point to the parallel 

provision within the PPA. 

Phytophthora Ramorum 

‘‘Subpart X—Phytophthora 

Ramorum’’ (§§ 301.92 through 301.92– 

12) distinguishes between associated 

articles, regulated articles, and restricted 

articles, and places different restrictions 

on the movement of these articles from 

a quarantined area, depending on which 

category they fall into. 

Associated articles are nursery stock 

of taxa associated with P. ramorum, but 

not proven to be hosts. Regulated 

articles are nursery stock and other 

plant products of taxa that are proven 

hosts for P. ramorum. Restricted articles 

are bark chips or mulch of proven host 

plant taxa or forest stock of proven host 

or associated plant taxa that are grown 

or located in a quarantined area. 

Currently, proven host taxa are listed 

in § 301.92–2(d), associated plant taxa 

are listed in § 301.92–2(e), and 

quarantined areas are listed in § 301.92– 

3(a)(3). We are proposing to move these 

lists of associated plant taxa, proven 

host taxa, and quarantined areas to the 

PPQ Phytophthora ramorum web page. 

Notification of Proposed Codification of 

Federal Orders 

As we mentioned previously in this 

document, APHIS has often issued 

Federal Orders to update lists of 

quarantined areas and regulated articles 

for domestic plant pest programs. When 

this occurs, the relevant program 

updates the list of quarantined areas and 

regulated articles for their program at 

the following website: https://

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases. 

If this proposed rule is finalized, we 

would, in most instances, remove lists 

of quarantined areas and regulated 

articles from the regulations. Therefore, 

we need not use rulemaking to update 

the lists in order to codify outstanding 

Federal Orders. Additionally, the lists 

maintained on the internet at https://

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases, which are 

up-to-date and reflect the issuance of 

the Federal Orders, would have 

regulatory force. Accordingly, this 

proposed rule would effectively codify 

those Federal Orders. The list of Federal 

Orders that would be codified in such 

a manner by this action can be found at: 

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

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

docket-codified-federal-orders. 

Miscellaneous 

Finally, we are making 

nonsubstantive changes to improve 

readability and conform with formatting 

requirements. 

Executive Order 12866 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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

APHIS proposes to remove from the 

regulations lists of areas and articles 

associated with various plant pests, and 

place the lists on the PPQ website. 

Specifically, the PPQ website (http://

www.aphis.usda.gov/planthealthinfo/ 

index.shtml) would house lists of 

quarantined, protected, suppressive, 

and generally infested areas; and lists of 

regulated articles, exempted articles, 

restricted articles, associated articles, 

and host articles. Changes to these lists 

would no longer require rulemaking. 

Rather, changes would be made using a 

notice-based regulatory process. This 

proposed weblisting process would only 

be for programs that are already listed 

in the regulations. 

Potential cost savings are not 

quantified. The benefits of this proposed 

rule to our stakeholders would be 

timelier and more easily accessible 

notification of changing phytosanitary 

information. The cost savings to the 

Agency would come from a more 

simplified process (i.e., using fewer 

resources) when taking emergency 

action to prevent the dissemination of 

plant pests and diseases. The noticebased approach would require less time 

and fewer steps than publishing a rule. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will 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 


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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. This proposed rule: (1) 

Preempts all State and local laws and 

regulations that are inconsistent with 

this proposed rule; (2) has no retroactive 

effect; and (3) does not require 

administrative proceedings before 

parties may file suit in court challenging 

this proposed rule. 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we are proposing to 

amend 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 301.32–1 is amended by 

revising the definition of ‘‘Regulated 

article’’ to read as follows: 

§ 301.32–1 Definitions. 

* * * * * 

Regulated article. Any article 

identified as a regulated article under 

§ 301.32–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.32–2(b), 

or otherwise designated in accordance 

with § 301.32–2(c) or (d). 

* * * * * 

■ 3. Section 301.32.–2 is revised to read 

as follows: 

§ 301.32–2 Regulated articles. 

(a) List of regulated articles. Certain 

berries, fruits, nuts, and vegetables are 

regulated articles for one or more 

species of fruit fly unless the berries, 

fruits, nuts, or vegetables are canned, 

dried, or frozen below ¥17.8 °C (0 °F). 

The relevant commodity (both botanical 

name and common name), as well as the 

fruit fly species for which it is a 

regulated article, is found at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/fruit-flies/ 

fruit-flies-home. 

(b) Normal process for adding 

regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/fruit-flies/ 

fruit-flies-home presents a risk of 

spreading one or more species of fruit 

flies, APHIS will publish a notice in the 

Federal Register proposing to designate 

the article as a regulated article for the 

relevant species of fruit flies. The notice 

will provide the basis for this 

determination and will request public 

comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for the relevant species of fruit 

flies and listing it. 

(c) Soil and plants as regulated 

articles. Soil is a regulated article if it 

is within the dripline of a regulated 

article that is listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/fruit-flies/ 

fruit-flies-home and that is annotated 

with an asterisk. Plants are regulated 

articles if they are producing or have 

produced species in the family 

Cucurbitaceae that are listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/fruit-flies/ 

fruit-flies-home as regulated articles for 

melon fruit fly. 

(d) Immediate designation of other 

regulated articles. Any other product, 

article, or means of conveyance not 

listed at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

fruit-flies/fruit-flies-home is a regulated 

article, if an inspector determines it 

presents a risk of spreading fruit flies, 

when the inspector notifies the person 

in possession of the product, article, or 

means of conveyance that it is subject to 

the restrictions of this subpart. 

§ 301.32–4 [Amended] 

■ 4. Section 301.32–4, the introductory 

text is amended by redesignating 

footnote 2 as footnote 1. 

■ 5. Section 301.32–5 is amended as 

follows: 

■ a. In paragraph (a), by redesignating 

footnote 3 as footnote 1; 

■ b. In paragraph (b), by redesignating 

footnote 4 as footnote 2; and 

■ c. By revising newly redesignated 

footnote 2. 

The revision reads as follows: 

§ 301.32–5 Issuance and cancellation of 

certificates and limited permits. 

* * * * * 2See footnote 1 of this section. 

§ 301.32–6 [Amended] 

■ 6. Section 301.32–6 is amended in 

paragraph (a) by redesignating footnote 

5 as footnote 1. 

■ 7. Section 301.32–7 is amended in 

paragraph (a) by redesignating footnote 

6 as footnote 1, and revising newly 

redesignated footnote 1 to read as 

follows: 

§ 301.32–7 Assembly and inspection of 

regulated articles. 

* * * * * 1See footnote 1 to § 301.32–5(a). 

■ 8. Section 301.38–1 is amended as 

follows: 

■ a. In the definition of ‘‘Certificate’’, by 

removing the words ‘‘of this subpart’’; 

■ b. By revising the definition of 

‘‘Protected area’’; 

■ c. By revising the definition of 

‘‘Regulated article’’ and listing it 

alphabetically; and 

■ d. In the definitions for ‘‘Rustresistant plants’’ and ‘‘Rust-susceptible 

plants’’, by removing the words ‘‘under 

§ 301.38–2(a)(1) and (a)(2)’’ and adding 

the words ‘‘in accordance with 

§ 301.38–2’’ in their place. 

The revisions read as follows: 

§ 301.38–1 Definitions. 

* * * * * 

Protected area. Those States or 

counties designated in accordance with 

§ 301.38–3. 

Regulated article. Any article 

identified as a regulated article under 

§ 301.38–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.38–2(c), 

or otherwise designated in accordance 

with § 301.38–2(d). 

* * * * * 

■ 9. Section 301.38–2 is revised to read 

as follows: 

§ 301.38–2 Regulated articles. 

(a) Rust-resistant regulated articles. 

The Administrator has determined that 

certain Berberis species and varieties are 

rust-resistant. A list of all such articles 

is located at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

barberry/ct_barberry. 


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(b) Berberis, Mahoberberis, and 

Mahonia. All plants, seeds, fruits, and 

other plant parts capable of propagation 

from rust-susceptible species and 

varieties of the genera Berberis, 

Mahoberberis, and Mahonia, except 

Mahonia cuttings for decorative 

purposes, are regulated articles. 

(c) Process for adding rust-resistant 

regulated articles—(1) Normal process. 

(i) If the Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/barberry/ 

ct_barberry meets the definition of rustresistant plants found in this subpart, 

APHIS will publish a notice in the 

Federal Register proposing to designate 

the article as a rust-resistant regulated 

article for black stem rust. The notice 

will provide the basis for this 

determination, and will request public 

comment. 

(ii) If no comments are received on 

the notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a rust-resistant 

regulated article for black stem rust and 

listing it. 

(2) Requested process. A person may 

request that an additional rust-resistant 

variety be added to the list at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/barberry/ 

ct_barberry. The person requesting that 

a rust-resistant variety be added to the 

list must provide APHIS with a 

description of the variety, including a 

written description and color pictures 

that can be used by an inspector to 

clearly identify the variety and 

distinguish it from other varieties. If 

APHIS determines the variety should be 

added to the list, APHIS will propose to 

add it to the list pursuant to paragraph 

(c)(1) of this section. 

(d) Immediate designation of 

regulated articles. Any other product or 

article not listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/barberry/ 

ct_barberry is a regulated article if an 

inspector determines it presents a risk of 

spread of black stem rust. The inspector 

must notify the person in possession of 

the product or article that it is subject 

to the provisions of this subpart. 

(Approved by the Office of Management and 

Budget under control number 0579–0186) 

■ 10. Section 301.38–3 is amended as 

follows: 

■ a. In paragraph (a), by removing the 

words ‘‘in paragraph (d)’’ and adding 

the words ‘‘in accordance with 

paragraph (d)’’ in their place; 

■ b. In paragraph (c), by redesignating 

footnote 4 as footnote 1; 

■ c. By revising paragraph (d); and 

■ d. In paragraph (f), by removing the 

words ‘‘in paragraph (d) of this section’’ 

and adding ‘‘at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/barberry/ct_barberry’’ in their 

place. 

The revision reads as follows: 

§ 301.38–3 Protected areas. 

* * * * * 

(d) The Administrator will publish a 

list of all protected areas on the Plant 

Protection and Quarantine (PPQ) 

website at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

barberry/ct_barberry. The list will 

include the date that the list was last 

updated. Lists of all protected areas may 

also be obtained by request from any 

local PPQ office; local offices are listed 

in telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. After a change is made 

to the list of protected areas in 

accordance with this section, APHIS 

will publish a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the protected areas. 

* * * * * 

§ 301.38–4 [Amended] 

■ 11. Section 301.38–4 is amended as 

follows: 

■ a. In paragraphs (b)(1)(ii), (b)(2) 

introductory text, and (b)(2)(i), by 

removing the words ‘‘of this subpart’’; 

and 

■ b. In paragraph (b)(2)(ii), by removing 

the words ‘‘in § 301.38–2(a)(2) of this 

subpart’’ and adding the words ‘‘in 

accordance with § 301.38–2’’ in their 

place. 

§ 301.38–5 [Amended] 

■ 12. Section 301.38–5 is amended in 

paragraph (a) by redesignating footnote 

5 as footnote 1. 

§ 301.38–6 [Amended] 

■ 13. Section 301.38–6 is amended in 

paragraph (a) by redesignating footnote 

6 as footnote 1. 

■ 14. Section 301.38–8, is amended by 

redesignating footnote 4 as footnote 1 

and revising newly redesignated 

footnote 1 to read as follows: 

§ 301.38–8 Costs and charges. 

* * * * * 1See footnote 1 in § 301.38–3. 

Subpart E [Amended] 

■ 15. Subpart E, consisting of §§ 301.45 

through 301.45–12, is amended by 

removing the words ‘‘generally 

infested’’ wherever they occur, and 

adding the word ‘‘quarantined’’ in their 

place. 

■ 16. Section 301.45 is amended by 

revising paragraph (a) to read as follows: 

§ 301.45 Notice of quarantine; restrictions 

on interstate movement of specified 

regulated articles. 

(a) Notice of quarantine. Pursuant to 

the provisions of sections 411, 412, 414, 

431, and 434 of the Plant Protection Act, 

(7 U.S.C. 7711, 7712, 7714, 7751, and 

7754), the Secretary of Agriculture 

hereby establishes a quarantine within 

the United States to prevent the spread 

of the gypsy moth, Lymantria dispar 

(Linnaeus), a dangerous insect injurious 

to forests and shade trees and not 

widely prevalent or distributed 

throughout the United States, and 

establishes regulations governing the 

interstate movement of regulated 

articles and outdoor household articles 

from quarantined areas of the United 

States. 

* * * * * 

■ 17. Section 301.45–1 is amended as 

follows: 

■ a. By removing the definition for 

‘‘Generally infested area’’; 

■ b. In the definition for ‘‘Qualified 

certified applicator’’, by removing the 

words ‘‘of this part’’; and 

■ c. By adding, in alphabetical order, a 

definition for ‘‘Quarantine area’’. 

The addition reads as follows: 

§ 301.45–1 Definitions. 

* * * * * 

Quarantine area. Any State, or 

portion thereof, listed as a generally 

infested area in accordance with 

§ 301.45–2 or temporarily designated as 

a generally infested area in accordance 

with § 301.45–2(c). 

* * * * * 

■ 18. Section 301.45–2 is amended as 

follows: 

■ a. By revising paragraph (a); 

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

words ‘‘in § 301.45–3’’ and adding the 

words ‘‘at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

gypsy-moth/ct_gypsy_moth’’ in their 

place; and 

■ c. In paragraph (d), by adding a 

sentence after the last sentence. 

The revision and addition read as 

follows: 


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§ 301.45–2 Authorization to designate and 

terminate designation of quarantined areas. 

(a) Except as provided in paragraphs 

(a)(1) and (2) of this section, the 

Administrator will designate as a 

quarantined area each State or each 

portion of a State in which a gypsy moth 

infestation has been found by an 

inspector, or each portion of a State 

which the Administrator deems 

necessary to regulate because of its 

proximity to infestation or its 

inseparability for quarantine 

enforcement purposes from infested 

localities. The Administrator will 

publish a list of all quarantined areas on 

the Plant Protection and Quarantine 

(PPQ) website at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/gypsy-moth/ct_gypsy_moth. 

The list will include the date that the 

list was last updated. Lists of all 

quarantined areas may also be obtained 

by request from any local PPQ office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of quarantined areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the quarantined areas. Notwithstanding 

the above criteria, an area will not be 

listed as a quarantined area if the 

Administrator determines that: 

(1) The area is subject to a gypsy moth 

eradication program conducted by the 

Federal Government or a State 

government in accordance with the 

Eradication, Suppression, and Slow the 

Spread alternative of the Final 

Environmental Impact Statement (FEIS) 

on Gypsy Moth Suppression and 

Eradication Projects that was filed with 

the United States Environmental 

Protection Agency on January 16, 1996; 

and 

(2) State or Federal delimiting 

trapping surveys conducted in 

accordance with Section II, ‘‘Survey 

Procedures—Gypsy Moth’’ of the Gypsy 

Moth Treatment Manual show that the 

average number of gypsy moths caught 

per trap is less than 10 and that the 

trapping surveys show that the 

eradication program is effectively 

diminishing the gypsy moth population 

of the area. 

* * * * * 

(d) * * * APHIS will publish a notice 

in the Federal Register informing the 

public that the change has occurred. 

§ 301.45–3 [Removed and Reserved] 

■ 19. Section 301.45–3 is removed and 

reserved. 

§ 301.45–4 [Amended] 

■ 20. Section 301.45–4 is amended in 

paragraph (a)(1) by redesignating 

footnote 3 as footnote 1. 

§ 301.48–1 [Amended] 

■ 21. Section 301.48–1 is amended in 

the definition of ‘‘Regulated airport’’ by 

removing the words ‘‘of this subpart’’. 

■ 22. Section 301.51–1 is amended as 

follows: 

■ a. In the definition for ‘‘Quarantined 

area’’, by removing the words ‘‘in 

§ 301.51–3(c) of this subpart’’ and 

adding the words ‘‘in accordance with 

§ 301.51–2’’ in their place, and 

removing the words ‘‘of this subpart’’ 

after the citation ‘‘§ 301.51–3(b)’’; and 

■ b. By revising the definition for 

‘‘Regulated article’’. 

The revision reads as follows: 

§ 301.51–1 Definitions. 

* * * * * 

Regulated article. Any article 

identified as a regulated article under 

§ 301.51–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.51–2(b), 

or otherwise designated in accordance 

with § 301.51–2(c). 

* * * * * 

■ 23. Sections 301.51–2 and 301.51–3 

are revised to read as follows: 

§ 301.51–2 Regulated articles. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of 

spreading Asian longhorned beetle. A 

list of all such articles is found on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

asian-longhorned-beetle/asianlonghorned-beetle. Lists of all regulated 

articles may also be obtained by request 

from any local PPQ office; local offices 

are listed in telephone directories and 

on the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/asianlonghorned-beetle/asian-longhornedbeetle presents a risk of spreading Asian 

longhorned beetle, APHIS will publish 

a notice in the Federal Register 

proposing to designate the article as a 

regulated article for Asian longhorned 

beetle. The notice will provide the basis 

for this determination, and will request 

public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for Asian longhorned beetle and 

listing it. 

(c) Immediate designation of 

regulated articles. Any other article, 

product, or means of conveyance not 

already listed in accordance with 

paragraph (a) of this section may be 

designated a regulated article on an 

immediate basis if an inspector 

determines that it presents a risk of 

spreading Asian longhorned beetle and 

notifies the person in possession of the 

article, product, or means of conveyance 

that it is now subject to the restrictions 

of this subpart. 

§ 301.51–3 Quarantined areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the 

Administrator will list as a quarantined 

area each State or portion of a State in 

which the Asian longhorned beetle is 

present, in which the Administrator has 

reason to believe that the Asian 

longhorned beetle is present, or that the 

Administrator considers necessary to 

regulate because of its inseparability for 

quarantine enforcement purposes from 

localities where the Asian longhorned 

beetle has been found. The 

Administrator will publish a list of all 

quarantined areas (the quarantine list) 

on the Plant Protection and Quarantine 

(PPQ) website at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/asian-longhorned-beetle/asianlonghorned-beetle. The list will include 

the date that the list was last updated. 

Lists of all quarantined areas may also 

be obtained by request from any local 

PPQ office; local offices are listed in 

telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. After a change is made 

to the list of quarantined areas, APHIS 

will publish a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the quarantined areas. 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 restrictions on the intrastate 

movement of regulated articles that are 

equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than an 

entire State as a quarantined area will be 

adequate to prevent the artificial 


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interstate spread of the Asian 

longhorned beetle. 

(b) The Administrator may 

temporarily designate any 

nonquarantined area as a quarantined 

area in accordance with the criteria 

specified in paragraph (a) of this 

section. The Administrator will give 

written notice of this designation to 

owner or person in possession of the 

nonquarantined area, or in the case of 

publicly owned land, to the person 

responsible for the management of 

nonquarantined area. Thereafter, the 

interstate movement of any regulated 

articles from an area temporarily 

designated as quarantined area is 

subject to this subpart. As soon as 

practicable, this area will either be 

added to the quarantine list or the 

Administrator will terminate the 

designation. The owner or, in the case 

of publicly owned land, the person 

responsible for the management of, an 

area for which the designation has 

terminated will be given written notice 

of the termination as soon as 

practicable. 

§ 301.51–6 [Amended] 

■ 24. Section 301.51–6 is amended in 

paragraph (a) by redesignating footnote 

3 as footnote 1. 

§ 301.51–7 [Amended] 

■ 25. Section 301.51–7 is amended in 

paragraph (a) by redesignating footnote 

4 as footnote 1. 

■ 26. Section 301.52 is revised to read 

as follows: 

§ 301.52 Quarantine; restriction on 

interstate movement of specified regulated 

articles. 

(a) Notice of quarantine. The 

following States are quarantined to 

prevent the spread of the pink bollworm 

(Pectinophora gossypiella (Saund.)): 

Florida. 

(b) List of regulated articles. The 

Deputy Administrator has determined 

that certain articles present a risk of 

spreading pink bollworm. A list of all 

such regulated articles is found on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

cotton-pests/cotton-pests. Lists of all 

regulated articles may also be obtained 

by request from any local PPQ office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. 

(c) Normal process for designating 

additional regulated articles. (1) If the 

Deputy Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/cottonpests/cotton-pests presents a risk of 

spreading pink bollworm, APHIS will 

publish a notice in the Federal Register 

proposing to designate the article as a 

regulated article for pink bollworm. The 

notice will provide the basis for this 

determination, and will request public 

comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Deputy Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for pink bollworm and listing it. 

(d) Immediate designation of 

regulated articles. An inspector may 

designate any other product, article, or 

means of conveyance as a regulated 

article for pink bollworm, if the 

inspector determines that it presents a 

risk of spreading pink bollworm, and 

after the inspector provides actual 

notification to the person in possession 

of the product, article, or means of 

conveyance that it is subject to the 

restrictions of this subpart. 

■ 27. Section 301.52–1 is amended by 

revising the definitions of ‘‘Regulated 

area’’, ‘‘Regulated articles’’, and 

‘‘Suppressive area’’ to read as follows: 

§ 301.52–1 Definitions. 

* * * * * 

Regulated area. Any quarantined 

State, territory, or district, or any 

portion thereof, listed in accordance 

with § 301.52–2. 

Regulated articles. Any article 

identified as a regulated article under 

§ 301.52 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.52(c), or 

otherwise designated in accordance 

with § 301.52(d). 

* * * * * 

Suppressive area. That part of a 

regulated area where eradication of 

infestation is undertaken as an 

objective, as designated by the Deputy 

Administrator in accordance with 

§ 301.52–2. 

■ 28. Section 301.52–2 is revised to read 

as follows: 

§ 301.52–2 Authorization for the Deputy 

Administrator to list regulated areas and 

suppressive or generally infested areas. 

(a) The Deputy Administrator will list 

as a regulated area each State or portion 

of a State in which evidence of a 

reproducing population of pink 

bollworm is present, or in which there 

is reason to believe that pink bollworm 

is present, or which it is deemed 

necessary to regulate because of their 

proximity to infestation or their 

inseparability for quarantine 

enforcement purposes from infested 

localities. The Deputy Administrator 

may divide any regulated area into a 

suppressive area and a generally 

infested area in accordance with the 

definitions of these terms in § 301.52–1. 

The Deputy Administrator will publish 

a list of all regulated areas, including 

the suppressive and generally infested 

areas therein, at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/cotton-pests/cotton-pests. The 

list will include the date that the list 

was last updated. Lists of all regulated 

areas, including the suppressive and 

generally infested areas therein, may 

also be obtained by request from any 

local office of PPQ; local offices are 

listed in telephone directories and on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. After a change 

is made to the list of regulated areas, 

APHIS will publish a notice in the 

Federal Register informing the public 

that the change has occurred and 

describing the change to the regulated 

areas. Less than an entire State will be 

designated as a regulated area only if the 

Deputy Administrator determines that: 

(1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of regulated articles that are 

equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than an 

entire State as a regulated area will be 

adequate to prevent the artificial 

interstate spread of pink bollworm. 

(b) [Reserved] 

§ 301.52–2a [Removed and Reserved] 

■ 29. Section 301.52–2a is removed and 

reserved. 

§ 301.52–3 [Amended] 

■ 30. Section 301.52–3 is amended in 

the section heading by redesignating 

footnote 2 as footnote 1. 

■ 31. Section 301.55–1 is amended as 

follows: 

■ a. In the definition for ‘‘Quarantined 

area’’, by removing the words ‘‘listed in 

301.55–3(c)’’ and adding the words 

‘‘listed in accordance with § 301.55– 

3(a)’’ in their place; and 

■ b. By revising the definition for 

‘‘Regulated article’’. 

The revision reads as follows: 

§ 301.55–1 Definitions. 

* * * * * 

Regulated article. Any article 

identified as a regulated article under 

§ 301.55–2 as follows: listed as of 


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[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.55–2(b), 

or otherwise designated in accordance 

with § 301.55–2(c). 

* * * * * 

■ 32. Sections 301.55–2 and 301.55–3 

are revised to read as follows: 

§ 301.55–2 Regulated articles. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of 

spreading the South American cactus 

moth. A list of all such regulated articles 

is found on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/sa_

insects/south-american-cactus-moth. 

Lists of all regulated articles may also be 

obtained by request from any local 

office of PPQ; local offices are listed in 

telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/sa_

insects/south-american-cactus-moth 

presents a risk of spreading South 

American cactus moth, APHIS will 

publish a notice in the Federal Register 

proposing to designate the article as a 

regulated article for South American 

cactus moth. The notice will provide the 

basis for this determination, and will 

request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for South African cactus moth 

and listing it. 

(c) Immediate designation of 

regulated articles. An inspector may 

designate any other product, article, or 

means of conveyance not listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/sa_

insects/south-american-cactus-moth as 

a regulated article if the inspector 

determines it presents a risk of 

spreading the South American cactus 

moth, after the inspector provides 

written notification to the person in 

possession of the product, article, or 

means of conveyance that it is subject to 

the restrictions of this subpart. 

§ 301.55–3 Quarantined areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the 

Administrator will list as a quarantined 

area each State, or each portion of a 

State, in which the South American 

cactus moth has been found by an 

inspector, in which the Administrator 

has reason to believe that the South 

American cactus moth is present, or that 

the Administrator considers necessary 

to quarantine because of its 

inseparability for quarantine 

enforcement purposes from localities 

where South American cactus moth has 

been found. The Administrator will 

publish a list of all quarantined areas 

(the quarantine list) on the Plant 

Protection and Quarantine (PPQ) 

website at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

sa_insects/south-american-cactus-moth. 

The list will include the date that the 

list was last updated. Lists of all 

quarantined areas may also be obtained 

by request from any local PPQ office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of quarantined areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the quarantined areas. 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 restrictions on the intrastate 

movement of the regulated articles that 

are equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than the 

entire State as a quarantined area will be 

adequate to prevent the interstate spread 

of the South American cactus moth. 

(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 

written notice of the temporary 

designation to the owner or person in 

possession of the nonquarantined area, 

or, in the case of publicly owned land, 

to the person responsible for the 

management of the nonquarantined 

area. Thereafter, the interstate 

movement of any regulated article from 

an area temporarily designated as a 

quarantined area will be subject to this 

subpart. As soon as practicable, the area 

will be added to the quarantine list or 

the designation will be terminated by 

the Administrator or an inspector. The 

owner or person in possession of, or, in 

the case of publicly owned land, the 

person responsible for the management 

of, an area for which designation is 

terminated will be given written notice 

of the termination as soon as 

practicable. 

§ 301.55–4 [Amended] 

■ 33. Section 301.55–4 is amended in 

the introductory text by redesignating 

footnote 3 as footnote 1. 

§ 301.55–5 [Amended] 

■ 34. Section 301.55–5 is amended in 

paragraph (a) by redesignating footnote 

4 as footnote 1. 

§ 301.55–6 [Amended] 

■ 35. Section 301.55–6 is amended by 

redesignating footnote 5 as footnote 1. 

■ 36. Section 301.55–7 is amended in 

paragraph (a) by redesignating footnote 

6 as footnote 1 and revising newly 

designated footnote 1 to read as follows: 

§ 301.55–7 Assembly and inspection of 

regulated articles. 

* * * * * 1See footnote 1 in § 301.55–5. 

■ 37. Section 301.74–1 is amended as 

follows: 

■ a. In the definition for ‘‘Departmental 

permit’’, by removing the words ‘‘of this 

subpart’’: 

■ b. By revising the definition for 

‘‘Quarantined area’’; and 

■ c. By revising the definition for 

‘‘Regulated article’’. 

The revisions read as follows: 

§ 301.74–1 Definitions. 

* * * * * 

Quarantined area. Any State, or any 

portion of a State, listed in accordance 

with § 301.74–3(a) or otherwise 

designated as a quarantined area in 

accordance with § 301.74–3(b). 

Regulated article. Any article 

identified as a regulated article under 

§ 301.74–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.74– 

2(a)(1)–(2), or otherwise designated in 

accordance with § 301.74–2(b), based on 

its susceptibility to the form or strain of 

plum pox detected in the quarantined 

area. 

* * * * * 

■ 38. Sections 301.74–2 and 301.74–3 

are revised to read as follows: 

§ 301.74–2 Regulated articles. 

(a) The Administrator has determined 

that certain articles present a risk of 

spreading plum pox. A list of all such 

articles is found on the internet at 


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www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plum-pox/ 

plumpox. Lists of all regulated articles 

may also be obtained by request from 

any local Plant Protection and 

Quarantine (PPQ) office; local offices are 

listed in telephone directories and on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. 

(1) If the Administrator determines 

that an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plum-pox/ 

plumpox presents a risk of spreading 

plum pox, APHIS will publish a notice 

in the Federal Register proposing to 

designate the article as a regulated 

article for plum pox. The notice will 

provide the basis for this determination, 

and will request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for plum pox and listing it. 

(b) An inspector may designate any 

other product or article as a regulated 

article, if the inspector determines it to 

present a risk of spreading plum pox, 

and after the inspector notifies the 

person in possession of the product or 

article that it is subject to the 

restrictions in the regulations. 

§ 301.74–3 Quarantined areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the 

Administrator will list as a quarantined 

area each State, or each portion of a 

State, in which plum pox has been 

detected through inspection and 

laboratory testing, or in which the 

Administrator has reason to believe that 

plum pox is present, or that the 

Administrator considers necessary to 

quarantine because of its inseparability 

for quarantine enforcement purposes 

from localities in which plum pox has 

been detected. The Administrator will 

publish a list of all quarantined areas 

(the quarantine list) on the PPQ website 

at www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plum-pox/ 

plumpox. The list will include the date 

that the list was last updated. Lists of all 

quarantined areas may also be obtained 

by request from any local PPQ office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of quarantined areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the quarantined areas. 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 restrictions on the intrastate 

movement of regulated articles that are 

equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than an 

entire State as a quarantined area will be 

adequate to prevent the interstate spread 

of plum pox. 

(b) The Administrator or an inspector 

may temporarily designate any 

nonquarantined area in a State as a 

quarantined area in accordance with 

paragraph (a) 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 

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 quarantine list or the designation 

will be terminated by the Administrator 

or an inspector. The owner or person in 

possession of an area for which the 

quarantine designation is terminated 

will be given notice of the termination 

as soon as practicable. 

§ 301.74–4 [Amended] 

■ 39. Section 301.74–4 is amended in 

the introductory text by redesignating 

footnote 2 as footnote 1. 

■ 40. Section 301.75–1 is amended as 

follows: 

■ a. In the definitions for ‘‘Commercial 

citrus-producing area’’ and 

‘‘Quarantined area’’, by removing the 

words ‘‘of this subpart’’; and 

■ b. By revising the definition for 

‘‘Regulated article’’. 

The revision reads as follows: 

§ 301.75–1 Definitions. 

* * * * * 

Regulated article. Any article 

identified as a regulated article under 

§ 301.75–3 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.75–3(b), 

or otherwise designated in accordance 

with § 301.75–3(c). 

* * * * * 

■ 41. Sections 301.75–3 and 301.75–4 

are revised to read as follows: 

§ 301.75–3 Regulated articles. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of spread 

of citrus canker. A list of all such 

regulated articles is found on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

citrus/citrus-canker. Lists of all 

regulated articles may also be obtained 

by request from any local Plant 

Protection and Quarantine (PPQ) office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/citrus/ 

citrus-canker presents a risk of spread of 

citrus canker, APHIS will publish a 

notice in the Federal Register proposing 

to designate the article as a regulated 

article for citrus canker. The notice will 

provide the basis for this determination, 

and will request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for citrus canker and listing it. 

(c) Immediate designation of 

regulated articles. An inspector may 

designate any other product, article, or 

means of conveyance as a regulated 

article, if the inspector determines that 

it presents a risk of spread of citrus 

canker and the person in possession 

thereof has actual notice that the 

product, article, or means of conveyance 

is subject to the provisions of this 

subpart. 

§ 301.75–4 Quarantined areas. 

(a) Quarantined areas. The 

Administrator will list as a quarantined 

area each State or portion of a State in 

which an infestation of citrus canker is 

found. The Administrator will publish a 

list of all quarantined areas (the 

quarantine list) on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/citrus/ 

citrus-canker. The list will include the 

date that the list was last updated. Lists 

of all quarantined areas may also be 

obtained by request from any local PPQ 

office; local offices are listed in 

telephone directories and on the 

internet at www.aphis.usda.gov/aphis/

ourfocus/planthealth/ppq-programoverview/sphd. After a change is made 

to the list of quarantined areas, APHIS 


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will publish a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the quarantined areas. Less 

than an entire State will be designated 

as a quarantined area only if the 

Administrator determines that: 

(1) Survey. No area has been 

designated a survey area. 

(2) Intrastate movement of regulated 

articles. The State enforces restrictions 

on the intrastate movement of regulated 

articles from the quarantined area that 

are at least as stringent as those on the 

interstate movement of regulated 

articles from the quarantined area, 

except as follows: 

(i) Regulated fruit may be moved 

intrastate from a quarantined area for 

processing into a product other than 

fresh fruit if all of the following 

conditions are met: 

(A) The regulated fruit is 

accompanied by a document that states 

the location of the grove in which the 

regulated fruit was produced, the 

variety and quantity of regulated fruit 

being moved intrastate, the address to 

which the regulated fruit will be 

delivered for processing, and the date 

the intrastate movement began, 

(B) The regulated fruit and any leaves 

and litter are completely covered, or 

enclosed in containers or in a 

compartment of a vehicle, during the 

intrastate movement, 

(C) The vehicles, covers, and any 

containers used to carry the regulated 

fruit intrastate are treated in accordance 

with part 305 of this chapter before 

leaving the premises where the 

regulated fruit is unloaded for 

processing, and 

(D) All leaves, litter, and culls 

collected from the shipment of regulated 

fruit at the processing facility are either 

incinerated at the processing facility or 

buried at a public landfill that is fenced, 

prohibits the removal of dumped 

material, and covers dumped material 

with dirt at the end of every day that 

dumping occurs. 

(ii) Regulated fruit may be moved 

intrastate from a quarantined area for 

packing, either for subsequent interstate 

movement with a limited permit or for 

export from the United States, if all of 

the following conditions are met: 

(A) The regulated fruit is 

accompanied by a document that states 

the location of the grove in which the 

regulated fruit was produced, the 

variety and quantity of regulated fruit 

being moved intrastate, the address to 

which the regulated fruit will be 

delivered for packing, and the date the 

intrastate movement began, 

(B) The regulated fruit and any leaves 

and litter are completely covered, or 

enclosed in containers or in a 

compartment of a vehicle, during the 

intrastate movement, 

(C) The vehicles, covers, and any 

containers used to carry the regulated 

fruit intrastate are treated in accordance 

with part 305 of this chapter before 

leaving the premises where the 

regulated fruit is unloaded for packing, 

(D) Any equipment that comes in 

contact with the regulated fruit at the 

packing plant is treated in accordance 

with part 305 of this chapter before 

being used to handle any fruit eligible 

for interstate movement to commercial 

citrus-producing areas, and 

(E) All leaves and litter collected from 

the shipment of regulated fruit at the 

packing plant are either incinerated at 

the packing plant or buried at a public 

landfill that is fenced, prohibits the 

removal of dumped material, and covers 

dumped material with dirt at the end of 

every day that dumping occurs. All 

culls collected from the shipment of 

regulated fruit are either processed into 

a product other than fresh fruit, 

incinerated at the packing plant, or 

buried at a public landfill that is fenced, 

prohibits the removal of dumped 

material, and covers dumped material 

with dirt at the end of every day that 

dumping occurs. Any culls moved 

intrastate for processing must be 

completely covered, or enclosed in 

containers or in a compartment of a 

vehicle, during the intrastate movement, 

and the vehicles, covers, and any 

containers used to carry the regulated 

fruit must be treated in accordance with 

part 305 of this chapter before leaving 

the premises where the regulated fruit is 

unloaded for processing. 

(iii) Grass, tree, and plant clippings 

may be moved intrastate from the 

quarantined area for disposal in a public 

landfill or for composting in a recycling 

facility, if all of the following conditions 

are met: 

(A) The public landfill or recycling 

facility is located within the survey area 

described in paragraph (d)(1) of this 

section, 

(B) The grass, tree, or plant clippings 

are completely covered during the 

movement from the quarantined area to 

the public landfill or recycling facility, 

and 

(C) Any public landfill used is fenced, 

prohibits the removal of dumped 

material, and covers dumped material 

with dirt at the end of every day that 

dumping occurs. 

(3) Inspections. (i) In the quarantined 

area, every regulated plant and 

regulated tree, except indoor 

houseplants and regulated plants and 

regulated trees at nurseries, is inspected 

for citrus canker at least once a year, 

between May 1 through December 31, 

by an inspector. 

(ii) In the quarantined area, every 

regulated plant and regulated tree at 

every nursery containing regulated 

plants or regulated trees is inspected for 

citrus canker by an inspector at intervals 

of no more than 45 days. 

(4) Treatment of personnel, vehicles, 

and equipment. In the quarantined area, 

all vehicles, equipment, and other 

articles used in providing inspection, 

maintenance, harvesting, or related 

services in any grove containing 

regulated plants or regulated trees, or in 

providing landscaping or lawn care 

services on any premises containing 

regulated plants or regulated trees, must 

be treated in accordance with part 305 

of this chapter upon leaving the grove 

or premises. All personnel who enter 

the grove or premises to provide these 

services must be treated in accordance 

with part 305 of this chapter upon 

leaving the grove or premises. 

(5) Destruction of infected plants and 

trees. No more than 7 days after a State 

or Federal laboratory confirms that a 

regulated plant or regulated tree is 

infected, the State must provide written 

notice to the owner of the infected plant 

or infected tree that the infected plant 

or infected tree must be destroyed. The 

owner must have the infected plant or 

infected tree destroyed within 45 days 

after receiving the written notice. 

(b) Designation change. The 

Administrator may designate any nonquarantined area as a quarantined area 

in accordance with paragraph (a) of this 

section upon giving written notice of 

this designation to the owner or persons 

in possession of the non-quarantined 

area. Thereafter, regulated articles may 

be moved interstate from that area only 

in accordance with this subpart. As 

soon as practicable, this area will be 

added to the quarantine list, or the 

Administrator will terminate the 

designation. The owner or person in 

possession of an area for which 

designation is terminated will be given 

written notice as soon as practicable. 

(c) Removal of areas from quarantine. 

An area on the quarantine list will be 

removed from quarantine if the area has 

been without infestation for 2 years. The 

list will be changed, and the public 

informed of this change, in accordance 

with the process specified in paragraph 

(a) of this section. 

§ 301.75–8 [Amended] 

■ 42. Section 301.75–8 is amended in 

paragraph (c) by removing the words ‘‘of 

this subpart’’. 


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§ 301.75–10 [Amended] 

■ 43. Section 301.75–10 is amended in 

paragraph (b) by removing the words ‘‘of 

this subpart’’. 

■ 44. Section 301.76–1 is amended by 

revising the definition for ‘‘Regulated 

article’’ to read as follows: 

§ 301.76–1 Definitions. 

* * * * * 

Regulated article. Any article 

identified as a regulated article under 

§ 301.76–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.76–2(b), 

or otherwise designated in accordance 

with § 301.76–2(c). 

* * * * * 

■ 45. Section 301.76–2 is revised to read 

as follows: 

§ 301.76–2 Regulated articles for Asian 

citrus psyllid and citrus greening. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of 

spreading Asian citrus psyllid and/or 

citrus greening. A list of all such 

regulated articles is located at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/citrus/acp 

and www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

citrus/citrus-greening, respectively. The 

list indicates whether the article is a 

regulated article for both citrus greening 

and Asian citrus psyllid, or just one of 

these two pests. Lists of all regulated 

articles may also be obtained by request 

from any local Plant Protection and 

Quarantine office; local offices are listed 

in telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/citrus/acp 

and/or www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

citrus/citrus-greening presents a risk of 

spreading Asian citrus psyllid and/or 

citrus greening, APHIS will publish a 

notice in the Federal Register proposing 

to designate the article as a regulated 

article for either or both of these pests. 

The notice will provide the basis for this 

determination, and will request public 

comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article and listing it. 

(c) Immediate designation of 

regulated articles. An inspector may 

designate any other product, article, or 

means of conveyance as a regulated 

article for Asian citrus psyllid and/or 

citrus greening, if the inspector 

determines that it presents a risk of 

spreading these pests, and after the 

inspector provides written notification 

to the person in possession of the 

product, article, or means of conveyance 

that it is subject to the restrictions of 

this subpart. 

(d) Exemption after certain methods 

of processing. The Administrator may 

determine that certain methods of 

processing render regulated articles 

such that they no longer present a risk 

of spreading Asian citrus psyllid or 

citrus greening. Such methods are found 

at www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/citrus. 

Articles processed in such a manner are 

exempt from the regulations in this 

subpart. 

§ 301.76–5 [Amended] 

■ 46. Section 301.76–5 is amended as 

follows: 

■ a. In paragraph (a)(1), by redesignating 

footnote 2 as footnote 1; and 

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

words ‘‘of this subpart’’. 

§ 301.76–6 [Amended] 

■ 47. Section 301.76–6 is amended as 

follows: 

■ a. In paragraph (a)(1), by removing ‘‘7 

CFR’’ and redesignating footnote 3 as 

footnote 1; 

■ b. In paragraph (b)(1), by 

redesignating footnote 4 as footnote 2; 

■ c. In paragraph (c)(2)(i), by removing 

the citation ‘‘paragraphs (c)(1)(i) through 

(c)(1)(iv)’’ and adding the citation 

‘‘paragraphs (c)(1)(i) through (iv)’’ in its 

place; 

■ d. In paragraph (d) introductory text, 

by redesignating footnote 5 as footnote 

3; and 

■ e. In paragraphs (d)(1) and (2), by 

removing ‘‘7 CFR’’. 

§ 301.76–7 [Amended] 

■ 48. Section 301.76–7 is amended as 

follows: 

■ a. In paragraph (a)(1), by redesignating 

footnote 6 as footnote 1; and 

■ b. In paragraph (b)(1), by removing ‘‘7 

CFR’’. 

§ 301.76–8 [Amended] 

■ 49. Section 301.76–8 is amended in 

paragraph (a) by redesignating footnote 

7 as footnote 1. 

§ 301.76–9 [Amended] 

■ 50. Section 301.76–9 is amended by 

redesignating footnote 8 as footnote 1. 

■ 51. Section 301.80 is revised to read 

as follows: 

§ 301.80 Quarantine; restriction on 

interstate movement of specified regulated 

articles. 

(a) Notice of quarantine. Under the 

authority of sections 411, 412, 414, and 

434 of the Plant Protection Act (7 U.S.C. 

7711, 7712, 7714, and 7754), the 

Secretary of Agriculture quarantines the 

States of North Carolina and South 

Carolina in order to prevent the spread 

of witchweed (Striga spp.), a parasitic 

plant that causes a dangerous disease of 

corn, sorghum, and other crops of the 

grass family and is not widely prevalent 

or distributed within and throughout 

the United States. Through the 

aforementioned authorities, the 

Secretary imposes a quarantine on the 

States of North Carolina and South 

Carolina with respect to the interstate 

movement from those States of 

regulated articles, issues regulations in 

this subpart governing the movement of 

such articles, and gives notice of this 

quarantine action. 

(b) Quarantine restrictions on the 

interstate movement of regulated 

articles. No common carrier or other 

person shall move interstate from any 

quarantined State any regulated articles, 

except in accordance with the 

conditions prescribed in this subpart. 

(c) List of regulated articles. The 

Deputy Administrator has determined 

that certain articles present a hazard of 

spread of witchweed. A list of all such 

regulated articles is found on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

SA_Weeds/SA_Noxious_Weeds_

Program. Lists of all regulated articles 

may also be obtained by request from 

any local Plant Protection and 

Quarantine (PPQ) office; local offices are 

listed in telephone directories and on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. 

(d) Normal process for designating 

additional regulated articles. (1) If the 

Deputy Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/SA_

Weeds/SA_Noxious_Weeds_Program 

presents a hazard of spread of 

witchweed, APHIS will publish a notice 

in the Federal Register proposing to 

designate the article as a regulated 

article for witchweed. The notice will 


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provide the basis for this determination, 

and will request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Deputy Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for witchweed and listing it. 

(e) Immediate designation of 

regulated articles. An inspector may 

designate any other article, product, or 

means of conveyance as a regulated 

article, if the inspector determines that 

it presents a hazard of spread of 

witchweed, and after the person in 

possession of the article has been so 

notified. 

■ 52. Section 301.80–1 is amended by 

revising the definitions for ‘‘Regulated 

area’’, ‘‘Regulated articles’’, and 

‘‘Suppressive area’’ to read as follows: 

§ 301.80–1 Definitions. 

* * * * * 

Regulated area. Any quarantined 

State, or any portion thereof, designated 

as a regulated area in accordance with 

§ 301.80–2. 

Regulated articles. Any article 

identified as a regulated article under 

§ 301.80 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.80(d), 

or otherwise designated in accordance 

with § 301.80(e). 

* * * * * 

Suppressive area. That portion of a 

regulated area where eradication of 

infestation is undertaken as an 

objective. 

* * * * * 

■ 53. Section 301.80–2 is revised to read 

as follows: 

§ 301.80–2 Authorization to designate, and 

terminate designation of, regulated areas 

and suppressive or generally infested 

areas; and to exempt articles from 

certification, permit, or other requirements. 

(a) List of regulated areas and 

suppressive or generally infested areas. 

The Deputy Administrator will list as a 

regulated area each quarantined State, 

or portion of a State, in which 

witchweed has been found or in which 

there is reason to believe that 

witchweed is present or which it is 

deemed necessary to regulate because of 

its proximity to infestation or its 

inseparability for quarantine 

enforcement purposes from infested 

localities. The Deputy Administrator 

may divide any regulated area into a 

suppressive area and generally infested 

area in accordance with definitions of 

these terms in § 301.80–1. The Deputy 

Administrator will publish a list of all 

regulated areas (the regulated areas list) 

on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/SA_

Weeds/SA_Noxious_Weeds_Program. 

The list will include the date that the 

list was last updated. Lists of all 

regulated areas may also be obtained by 

request from any local PPQ office; local 

offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of regulated areas, APHIS will publish 

a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the regulated areas. Less than an entire 

quarantined State will be designated as 

a regulated area only if the Deputy 

Administrator determines that: 

(1) The State has adopted and is 

enforcing a quarantine which imposes 

restrictions on the intrastate movement 

of the regulated articles which are 

substantially the same as those which 

are imposed with respect to the 

interstate movement of such articles 

under this subpart; and 

(2) The designation of less than the 

entire State as a regulated area will 

otherwise be adequate to prevent the 

interstate spread of witchweed. 

(b) Temporary designation of 

regulated areas and suppressive or 

generally infested areas. The Deputy 

Administrator or an authorized 

inspector may temporarily designate 

any other premises in a quarantined 

State as a regulated area and may 

designate the regulated area or portions 

thereof as a suppressive or generally 

infested area, in accordance with the 

criteria specified in paragraph (a) of this 

section for designating such area, by 

serving written notice thereof on the 

owner or person in possession of such 

premises, and thereafter the interstate 

movement of regulated articles from 

such premises by any person having 

notice of the designation shall be subject 

to the applicable provisions of this 

subpart. As soon as practicable, such 

premises shall be added to the regulated 

areas list. 

(c) Termination of designation as a 

regulated area and a suppressive or 

generally infested area. The Deputy 

Administrator shall terminate the 

designation provided for under 

paragraph (a) of this section of any area 

designated as a regulated area, or a 

suppressive or a generally infested area 

within a regulated area, when the 

Deputy Administrator determines that 

such designation is no longer required 

under the criteria specified in paragraph 

(a) of this section. Notification of this 

change in the list of regulated areas, or 

suppressive or generally infested areas 

within a regulated area, will be made in 

accordance with the process set forth in 

paragraph (a) of this section. The 

Deputy Administrator or an inspector 

shall terminate the designation provided 

for under paragraph (b) of this section 

of any premises designated as a 

regulated area or a suppressive or a 

generally infested area when the Deputy 

Administrator determines that such 

designation is no longer required under 

the criteria specified in paragraph (a) of 

this section, and notice thereof shall be 

given to the owner or person in 

possession of the premises. 

(d) Exemption of articles from 

certification, permit, or other 

requirements. The Deputy 

Administrator may determine that a 

regulated article has been produced, 

processed, cleaned, or otherwise 

handled in a manner that is sufficient to 

allow the article to move interstate 

without hazard of spread of witchweed, 

provided that the article is not exposed 

to infestation after production, 

processing, cleaning, or other handling. 

The Deputy Administrator may also 

determine that a regulated article’s 

intended use is such that it may be 

moved interstate without hazard of 

spread of witchweed. Such articles are 

exempt from the restrictions of this 

subpart. The list of regulated articles at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/SA_

Weeds/SA_Noxious_Weeds_Program is 

annotated to indicate these exemptions. 

§ 301.80–2a [Removed and Reserved] 

■ 54. Section 301.80–2a is removed and 

reserved. 

§ 301.80–2b [Removed and Reserved] 

■ 55. Section 301.80–2b is removed and 

reserved. 

■ 56. Section 301.80–3 is amended as 

follows: 

■ a. In the section heading, by 

redesignating footnote 3 as footnote 1; 

■ b. In paragraph (a)(2)(i), by removing 

the words ‘‘§ 301.80–2b which exempts’’ 

and adding the words ‘‘§ 301.80–2 

which exempt’’ in their place; 

■ c. In paragraph (a)(3)(ii)(A), by 

removing the citation ‘‘§ 301.80–2b’’ and 

adding the citation ‘‘§ 301.80–2’’ in its 

place; and 

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

words ‘‘and so listed by him in a 

supplemental regulation’’ in the first 

sentence, redesignating footnote 4 as 

footnote 2, revising newly designated 

footnote 2, and removing footnote 5. 

The revision reads as follows: 


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§ 301.80–3 Conditions governing the 

interstate movement of regulated articles 

from quarantined States.1

* * * * * 1Requirements under all other applicable 

Federal domestic plant quarantines must also 

be met. 2Provisions for laboratory approval may be 

obtained from your State’s State Plant Health 

Director. Contact information can be found at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/ppq-program-overview/CT_

SPHD. 

■ 57. Sections 301.81–2 and 301.81–3 

are revised to read as follows: 

§ 301.81–2 Regulated articles. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of spread 

of the imported fire ant. A list of all 

such articles is found on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/importedfire-ants/ct_imported_fire_ants. Lists of 

all regulated articles may also be 

obtained by request from any local Plant 

Protection and Quarantine (PPQ) office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/importedfire-ants/ct_imported_fire_ants presents 

a risk of spread of the imported fire ant, 

APHIS will publish a notice in the 

Federal Register proposing to designate 

the article as a regulated article for 

imported fire ant. The notice will 

provide the basis for this determination, 

and will request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for the imported fire ant and 

listing it. 

(c) Immediate designation of 

regulated articles. An inspector may 

designate any other article or means of 

conveyance as a regulated article if the 

inspector determines that it presents a 

risk of spread of the imported fire ant 

due to its proximity to an infestation of 

the imported fire ant, and after the 

inspector provides notification to the 

person in possession of the article or 

means of conveyance that it is now 

regulated under this subpart. 

§ 301.81–3 Quarantined areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the 

Administrator will list as a quarantined 

area each State or portion of a State 

determined to be infested with the 

imported fire ant. The Administrator 

will also list as a quarantined area an 

area that is uninfested but determined to 

be in proximity to an infestation or that 

is determined to be inseparable from an 

infested locality for quarantine 

purposes; such a determination will be 

based on projections of spread of 

imported fire ant around the periphery 

of the infestation, as determined by 

previous years’ surveys; availability of 

natural habitats and host materials, 

within the uninfested acreage, suitable 

for establishment and survival of 

imported fire ant populations; and the 

necessity of including uninfested 

acreage within the quarantined area in 

order to establish readily identifiable 

boundaries. The Administrator will 

publish a list of all quarantined areas 

(the quarantine list) on the PPQ website 

at www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/importedfire-ants/ct_imported_fire_ants. The list 

will include the date that the list was 

last updated. Lists of all quarantined 

areas may also be obtained by request 

from any local PPQ office; local offices 

are listed in telephone directories and 

on the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. After a change 

is made to the list of quarantined areas, 

APHIS will publish a notice in the 

Federal Register informing the public 

that the change has occurred and 

describing the change to the 

quarantined areas. 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 restrictions on the intrastate 

movement of the regulated articles that 

are equivalent to the interstate 

movement restrictions imposed by this 

subpart; and 

(2) Designating less than the entire 

State as a quarantined area will prevent 

the spread of the imported fire ant. 

(b) The Administrator or an inspector 

may temporarily designate any 

nonquarantined area as a quarantined 

area in accordance with the criteria 

specified in paragraph (a) of this 

section. The Administrator will give 

written notice of this designation to the 

owner or person in possession of the 

nonquarantined area, or, in the case of 

publicly owned land, to the person 

responsible for the management 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 either will be 

added to the quarantine list, or the 

Administrator will terminate the 

designation. The owner or person in 

possession of, or, in the case of publicly 

owned land, the person responsible for 

the management of, an area for which 

the designation is terminated will be 

given written notice of the termination 

as soon as practicable. 

■ 58. Section 301.81–4 is amended as 

follows: 

■ a. In paragraph (a)(1), by removing the 

words ‘‘of this subpart’’; and 

■ b. In paragraph (a)(3), by redesignating 

footnote 3 as footnote 1 and revising 

newly redesignated footnote 1. 

The revision reads as follows: 

§ 301.81–4 Interstate movement of 

regulated articles from quarantined areas. 

* * * * * 1Provisions for laboratory approval may be 

obtained from your State’s State Plant Health 

Director. Contact information can be found at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/CT_

SPHD. 

§ 301.81–5 [Amended] 

■ 59. Section 301.81–5 is amended as 

follows: 

■ a. In paragraph (a) introductory text, 

by redesignating footnote 4 as footnote 

1; 

■ b. In paragraph (a)(2), by redesignating 

footnote 5 as footnote 2; and 

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

words ‘‘of this subpart’’ in the first 

sentence. 

§ 301.81–6 [Amended] 

■ 60. Section 301.81–6 is amended by 

redesignating footnote 6 as footnote 1. 

■ 61. Section 301.81–8 is amended in 

paragraph (a) by redesignating footnote 

7 as footnote 1 and revising newly 

redesignated footnote 1 as follows: 

§ 301.81–8 Assembly and inspection of 

regulated articles. 

* * * * * 1See footnote 1 of § 301.81–5(a). 

■ 62. Section 301.85 is revised to read 

as follows: 

§ 301.85 Quarantine; restriction on 

interstate movement of specified regulated 

articles. 

(a) Notice of quarantine. Under the 

authority of sections 411, 412, 414, and 

434 of the Plant Protection Act (7 U.S.C. 

7711, 7712, 7714, and 7754), the 

Secretary of Agriculture quarantines the 

State of New York in order to prevent 

the spread of the golden nematode 


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(Globodera rostochiensis), which causes 

a dangerous disease of potatoes and 

certain other plants and is not widely 

prevalent or distributed within and 

throughout the United States. Through 

the aforementioned authorities, the 

Secretary imposes a quarantine on the 

State of New York with respect to the 

interstate movement from that State of 

regulated articles, issues regulations in 

this subpart governing the movement of 

such articles, and gives notice of this 

quarantine action. 

(b) Quarantine restrictions on the 

interstate movement of regulated 

articles. No common carrier or other 

person shall move interstate from any 

quarantined State any regulated articles, 

except in accordance with the 

conditions prescribed in this subpart. 

(c) List of regulated articles. The 

Deputy Administrator has determined 

that certain articles present a hazard of 

spread of golden nematodes. A list of all 

such regulated articles is found on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

golden-nematode/nematodes. Lists of 

all regulated articles may also be 

obtained by request from any local PPQ 

office; local offices are listed in 

telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. 

(d) Normal process for designating 

additional regulated articles. (1) If the 

Deputy Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/goldennematode/nematodes presents a hazard 

of spread of golden nematodes, APHIS 

will publish a notice in the Federal 

Register proposing to designate the 

article as a regulated article for golden 

nematode. The notice will provide the 

basis for this determination, and will 

request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Deputy Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for golden nematode and listing 

it. 

(e) Immediate designation of 

regulated articles. An inspector may 

designate any other article, product, or 

means of conveyance as a regulated 

article, if the inspector determines that 

it presents a hazard of spread of golden 

nematodes, and after the person in 

possession of the article has been so 

notified. 

■ 63. Section 301.85–1 is amended by 

revising the definitions for ‘‘Generally 

infested area’’, ‘‘Regulated area’’, 

‘‘Regulated article’’, and ‘‘Suppressive 

area’’ as follows: 

§ 301.85–1 Definitions. 

* * * * * 

Generally infested area. Any part of a 

regulated area not designated as a 

suppressive area. 

* * * * * 

Regulated area. Any quarantined 

State, or any portion thereof, listed as a 

regulated area in accordance with 

§ 301.85–2. 

Regulated article. Any article 

identified as a regulated article under 

§ 301.85 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.85(d), 

or otherwise designated in accordance 

with § 301.85(e). 

* * * * * 

Suppressive area. That portion of a 

regulated area where eradication of 

infestation is undertaken as an 

objective. 

■ 64. Section 301.85–2 is revised to read 

as follows: 

§ 301.85–2 Authorization for the Deputy 

Administrator to list regulated areas and 

suppressive or generally infested areas. 

(a) Criteria for designation and 

process for listing. The Deputy 

Administrator will list as a regulated 

area each State or portion of a State in 

which golden nematode has been 

determined to be found or in which 

there is reason to believe that golden 

nematode is present, or which it is 

deemed necessary to regulate because of 

their proximity to infestation or their 

inseparability for quarantine 

enforcement purposes from infested 

localities. The Deputy Administrator 

may divide any regulated area into a 

suppressive area and a generally 

infested area in accordance with the 

definitions of these terms in § 301.85–1. 

The Deputy Administrator will publish 

a list of all regulated areas, including 

the suppressive and generally infested 

areas therein, at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/golden-nematode/nematodes. 

The list will include the date that the 

list was last updated. Lists of all 

regulated areas, including the 

suppressive and generally infested areas 

therein, may also be obtained by request 

from any local Plant Protection and 

Quarantine office; local offices are listed 

in telephone directories and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. After a change is made 

to the list of regulated areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the regulated areas. Less than an entire 

State will be designated as a regulated 

area only if the Deputy Administrator 

determines that: 

(1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of regulated articles that are 

equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than an 

entire State as a regulated area will be 

adequate to prevent the interstate spread 

of golden nematodes. 

(b) Temporary designation of 

regulated areas and suppressive or 

generally infested areas. The Deputy 

Administrator or an authorized 

inspector may temporarily designate 

any other premises in a quarantined 

State as a regulated area and a 

suppressive or generally infested area, 

in accordance with the criteria specified 

in paragraph (a) of this section for 

listing such area, by serving written 

notice thereof on the owner or person in 

possession of such premises, and 

thereafter the interstate movement of 

regulated articles from such premises by 

any person having notice of the 

designation shall be subject to the 

applicable provisions of this subpart. As 

soon as practicable, such premises shall 

be added to the list of regulated areas if 

a basis then exists for their designation; 

otherwise the designation shall be 

terminated by the Deputy Administrator 

or an authorized inspector and notice 

thereof shall be given to the owner or 

person in possession of the premises. 

(c) Termination of designation as a 

regulated area and a suppressive or 

generally infested area. The Deputy 

Administrator shall terminate the 

designation provided for under 

paragraph (a) of this section of any area 

listed as a regulated area and 

suppressive or generally infested area 

when he or she determines that such 

designation is no longer required under 

the criteria specified in paragraph (a) of 

this section. 

(d) Exemption of articles from 

certification, permit, or other 

requirements. The Deputy 

Administrator may determine that a 

regulated article has been produced, 

processed, cleaned, or otherwise 

handled in a manner that is sufficient to 

allow the article to move interstate 

without hazard of spread of golden 

nematodes, provided that the article is 

not exposed to infestation after 

production, processing, cleaning, or 

other handling. The Deputy 


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Administrator may also determine that 

a regulated article’s intended use is such 

that it may be moved interstate without 

hazard of spread of golden nematodes. 

Such articles are exempt from the 

restrictions of this subpart. The list of 

regulated articles at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/goldennematode/nematodes is annotated to 

indicate these exemptions. 

§ 301.85–2a [Removed and Reserved] 

■ 65. Section 301.85–2a is removed and 

reserved. 

§ 301.85–2b [Removed and Reserved] 

■ 66. Section 301.85–2b is removed and 

reserved. 

■ 67. Section 301.85–3 is amended as 

follows: 

■ a. In the section heading, by 

redesignating footnote 2 as footnote 1; 

■ b. In paragraph (a)(2)(i), by removing 

the citation ‘‘§ 301.85–2b’’ and adding 

the citation ‘‘§ 301.85–2(d)’’ in its place; 

■ c. By revising paragraph (a)(3)(ii); and 

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

words ‘‘and so listed by him in a 

supplemental regulation’’ in the first 

sentence, redesignating footnote 3 as 

footnote 2, revising newly redesignated 

footnote 2, and removing footnote 4; 

The revisions read as follows: 

§ 301.85–3 Conditions governing the 

interstate movement of regulated articles 

from quarantined States.1

(a) * * * 

(3) * * * 

(ii) Without a certificate or permit, if: 

(A) The regulated articles are exempt 

from certification and permit 

requirements under the provisions of 

§ 301.85–2(d); or 

(B) The point of origin of such 

movement is clearly indicated on the 

articles or shipping document which 

accompanies the articles and if the 

movement is not made through any 

regulated area. 

* * * * * 1Requirements under all other applicable 

Federal domestic plant quarantines must also 

be met. 2Provisions for laboratory approval may be 

obtained from your State’s State Plant Health 

Director. Contact information can be found at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/CT_

SPHD. 

§ 301.86–2 [Amended] 

■ 68. Section 301.86–2 is amended in 

paragraph (a) by redesignating footnote 

2 as footnote 1. 

■ 69. Section 301.86–5 is amended as 

follows: 

■ a. In paragraph (a), by redesignating 

footnote 3 as footnote 1; 

■ b. In paragraph (a)(1), by redesignating 

footnote 4 as footnote 2; and 

■ c. In paragraph (b)(1), by redesignating 

footnote 5 as footnote 3 and revising 

newly redesignated footnote 3. 

The revision reads as follows: 

§ 301.86–5 Issuance and cancellation of 

certificates and limited permits. 

* * * * * 3See footnote 1 of this section. 

§ 301.86–6 [Amended] 

■ 70. Section 301.86–6 is amended in 

paragraph (a) by redesignating footnote 

6 as footnote 1. 

■ 71. Section 301.86–7 is amended in 

paragraph (a) by redesignating footnote 

7 as footnote 1 and revising newly 

redesignated footnote 1 to read as 

follows: 

§ 301.86–7 Assembly and inspection of 

regulated articles. 

* * * * * 1See footnote 1 in § 301.86–5. 

■ 72. Section 301.87 is amended by 

revising paragraph (a) to read as follows: 

§ 301.87 Quarantine; restrictions on 

interstate movement of specified articles.1 2

(a) Notice of quarantine. Under the 

authority of sections 411, 412, 414, and 

434 of the Plant Protection Act (7 U.S.C. 

7711, 7712, 7714, and 7754), the 

Secretary of Agriculture establishes 

quarantines within the United States to 

prevent the artificial spread of leaf scald 

disease and gummosis disease. The 

regulations in this subpart govern the 

interstate movement from regulated 

areas of regulated articles. 

* * * * * 1Any inspector is authorized to stop and 

inspect persons and means of conveyance, 

and to 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). 2Regulations concerning the movement of 

gummosis bacteria and leaf scald bacteria in 

commerce are contained in part 330 of this 

chapter. 

■ 73. Section 301.87–1 is amended as 

follows: 

■ a. In the definitions for ‘‘Certificate’’ 

and ‘‘Limited permit’’, by removing the 

words ‘‘of this subpart’’; and 

■ b. By revising the definitions for 

‘‘Regulated area’’ and ‘‘Regulated 

article’’. 

The revisions read as follows: 

§ 301.87–1 Definitions. 

* * * * * 

Regulated area. Any quarantined 

State, or any portion thereof, listed as a 

regulated area in accordance with 

§ 301.87–3, or otherwise designated as a 

regulated area in accordance with 

§ 301.87–3(b). 

Regulated article. Any article 

identified as a regulated article under 

§ 301.87–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.87–2(b), 

or otherwise designated in accordance 

with § 301.87–2(c). 

* * * * * 

■ 74. Sections 301.87–2 and 301.87–3 

are revised to read as follows: 

§ 301.87–2 Regulated articles. 

(a) List of regulated articles. The 

Deputy Administrator has determined 

that certain articles present a risk of 

spread of sugarcane diseases. A list of 

all such articles is found on the internet 

at www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plantdisease/sugarcane. Lists of all regulated 

articles may also be obtained by request 

from any local Plant Protection and 

Quarantine (PPQ) office; local offices are 

listed in telephone directories and on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Deputy Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plantdisease/sugarcane presents a risk of 

spread of sugarcane diseases, APHIS 

will publish a notice in the Federal 

Register proposing to designate the 

article as a regulated article for 

sugarcane diseases. The notice will 

provide the basis for this determination, 

and will request public comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Deputy Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for sugarcane diseases and listing 

it. 

(c) Immediate designation of 

regulated articles. Any other article, 

product, or means of conveyance not 

already listed in accordance with 

paragraph (a) of this section may be 

designated a regulated article on an 

immediate basis if an inspector 

determines that it presents a risk of 

spread of sugarcane diseases and 

provides actual notification to the 

person in possession of the article, 

product, or means of conveyance that it 

is now subject to the restrictions of this 

subpart. 


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§ 301.87–3 Regulated areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the Deputy 

Administrator will list as a regulated 

area each State or portion of a State in 

which a sugarcane disease has been 

found by an inspector, or in which the 

Deputy Administrator has reason to 

believe a sugarcane disease is present, 

or that the Deputy Administrator deems 

necessary to regulate based on its 

proximity to a sugarcane disease or its 

inseparability for enforcement purposes 

from localities where a sugarcane 

disease occurs. The Deputy 

Administrator will publish a list of all 

regulated areas (the regulated areas list) 

on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plantdisease/sugarcane. The list will include 

the date that the list was last updated. 

Lists of all quarantined areas may also 

be obtained by request from any local 

PPQ office; local offices are listed in 

telephone directors and on the internet 

at www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of regulated areas, APHIS will publish 

a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

regulated areas. Less than an entire State 

will be designated as a regulated area 

only if the Administrator determines 

that: 

(1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of regulated articles that are 

substantially the same as those that are 

imposed by this subpart on the 

interstate movement of regulated 

articles; and 

(2) The designation of less than the 

entire State as a regulated area will be 

adequate to prevent the artificial 

interstate spread of a sugarcane disease. 

(b) The Deputy Administrator or an 

inspector may temporarily designate 

any nonregulated area as a regulated 

area in accordance with the criteria 

specified in paragraph (a) of this section 

for listing such an area. Written notice 

of the designation will be given to the 

owner or person in possession of the 

nonregulated area. Thereafter, the 

interstate movement of any regulated 

article from the area will be subject to 

this subpart. As soon as practicable, the 

area will either be added to the 

regulated areas list, or the Deputy 

Administrator or an inspector will 

terminate the designation. Notice 

thereof will be given the owner or 

person in possession of the area. 

§ 301.87–4 [Amended] 

■ 75. Section 301.87–4 is amended as 

follows: 

■ a. In the section heading, by 

redesignating footnote 3 as footnote 1; 

and 

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

words ‘‘of this subpart’’. 

§ 301.87–5 [Amended] 

■ 76. Section 301.87–5 is amended as 

follows: 

■ a. In paragraph (a)(1)(i), by 

redesignating footnote 4 as footnote 1; 

■ b. In paragraph (a)(1)(ii) by 

redesignating footnote 5 as footnote 2; 

■ c. In paragraph, (a)(2), by 

redesignating footnote 6 as footnote 3; 

and 

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

words ‘‘of this subpart’’ in the second 

sentence. 

§ 301.87–6 [Amended] 

■ 77. Section 301.87–6 is amended in 

paragraph (a) by redesignating footnote 

7 as footnote 1. 

§ 301.87–7 [Amended] 

■ 78. Section 301.87–7 is amended in 

paragraph (a) by removing the words ‘‘of 

this subpart’’, and redesignating 

footnote 8 as footnote 1. 

■ 79. Sections 301.89–2 and 301.89–3 

are revised to read as follows: 

§ 301.89–2 Regulated articles. 

(a) List of regulated articles. The 

Administrator has determined that 

certain articles present a risk of 

spreading Karnal bunt. A list of all such 

articles is found on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/karnalbunt/ct_karnal_bunt. Lists of all 

regulated articles may also be obtained 

by request from any local Plant 

Protection and Quarantine (PPQ) office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/ppq-program-overview/ 

sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Administrator determines that an article 

not already listed presents a risk of 

spreading Karnal bunt, APHIS will 

publish a notice in the Federal Register 

proposing to designate the article as a 

regulated article for Karnal bunt. The 

notice will provide the basis for this 

determination, and will request public 

comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for Karnal bunt and listing it. 

(c) Immediate designation of 

regulated articles. Any other article, 

product, or means of conveyance not 

already listed in accordance with 

paragraph (a) of this section may be 

designated a regulated article on an 

immediate basis if an inspector 

determines that it presents a risk of 

spreading Karnal bunt, and notifies the 

person in possession of the article, 

product, or means of conveyance that it 

is now subject to the restrictions of this 

subpart. 

§ 301.89–3 Regulated areas. 

(a) Designation. Except as otherwise 

provided in paragraph (b) of this 

section, the Administrator will list as a 

regulated area each State or portion of 

a State if it is determined to be infected 

with Karnal bunt or if it is in proximity 

to an infestation or inseparable from the 

infected locality for regulatory purposes 

based on the following: Projections of 

the spread of Karnal bunt along the 

periphery of the infestation, the 

availability of natural habitats and host 

materials within the noninfected 

acreage that are suitable for 

establishment and survival of Karnal 

bunt, and the necessity of including 

uninfected acreage within the regulated 

area in order to establish readily 

identifiable boundaries. The 

Administrator will publish a list of all 

regulated areas (the regulated areas list) 

on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/karnalbunt/ct_karnal_bunt. The list will 

include the date that the list was last 

updated. Lists of all regulated areas may 

also be obtained by request from any 

local PPQ office; local offices are listed 

in telephone directors and on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/ppq-programoverview/sphd. After a change is made 

to the list of regulated areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

regulated areas. 

(b) Designation of less than an entire 

State as a regulated area. Less than an 

entire State will be designated as a 

regulated area only if the Administrator: 

(1)(i) Determines that the State has 

adopted and is enforcing restrictions on 

the intrastate movement of the regulated 

articles that are equivalent to the 

movement restrictions imposed by this 

subpart; and 

(ii) Determines that designating less 

than the entire State as a regulated area 


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will prevent the spread of Karnal bunt; 

or 

(2) Exercises his or her extraordinary 

emergency authority under 7 U.S.C. 

7715. 

(c) Temporary designation of 

regulated areas. The Administrator or 

an inspector may temporarily designate 

any nonregulated area as a regulated 

area in accordance with the criteria 

specified in paragraph (a) or (b) of this 

section. The Administrator will give 

written notice of this designation to the 

owner or person in possession of the 

nonregulated area, or, in the case of 

publicly owned land, to the person 

responsible for the management of the 

nonregulated area. Thereafter, the 

movement of any regulated article from 

an area temporarily designated as a 

regulated area is subject to this subpart. 

As soon as practicable, this area either 

will be added to the regulated areas list, 

or the Administrator will terminate the 

designation. The owner or person in 

possession of, or, in the case of publicly 

owned land, the person responsible for 

the management of, an area for which 

the designation is terminated will be 

given written notice of the termination 

as soon as practicable. 

(d) Regulated fields. The 

Administrator will classify a field or 

area as a regulated area when: 

(1) It is a field planted with seed from 

a lot found to contain a bunted wheat 

kernel; or 

(2) It is a distinct definable area that 

contains at least one field that was 

found during survey to contain a bunted 

wheat kernel (the distinct definable area 

may include an area where Karnal bunt 

is not known to exist but where 

intensive surveys are required because 

of the area’s proximity to a field found 

during survey to contain a bunted 

kernel); or 

(3) It is a distinct definable area that 

contains at least one field that has been 

determined to be associated with grain 

at a handling facility containing a 

bunted kernel of a host crop (the 

distinct definable area may include an 

area where Karnal bunt is not known to 

exist but where intensive surveys are 

required because of the area’s proximity 

to the field associated with the bunted 

kernel at the handling facility). 

(e) Release from regulation. A field 

known to have been infected with 

Karnal bunt, as well as any non-infected 

acreage surrounding the field, will be 

released from regulation if: 

(1) The field has been permanently 

removed from crop production; or 

(2) The field is tilled at least once per 

year for a total of 5 years (the years need 

not be consecutive). After tilling, the 

field may be planted with a crop or left 

fallow. If the field is planted with a host 

crop, the crop must test negative, 

through the absence of bunted kernels, 

for Karnal bunt. 

§ 301.89–7 [Amended] 

■ 80. Section 301.89–7 is amended by 

redesignating footnote 3 as footnote 1. 

■ 81. Secton 301.89–9 is amended in 

paragraph (a) by redesignating footnote 

4 as footnote 1 and revising newly 

redesignated footnote 1 to read as 

follows: 

§ 301.89–9 Assembly and inspection of 

regulated articles. 

* * * * * 1See footnote 1 in § 301.89–6. 

■ 82. Section 301.91 is amended by 

revising paragraph (a) to read as follows: 

§ 301.91 Quarantine and regulations; 

restrictions on interstate movement of 

regulated articles.1

(a) Notice of quarantine. Under the 

authority of sections 411, 412, 414, and 

434 of the Plant Protection Act (7 U.S.C. 

7711, 7712, 7714, and 7754), the 

Secretary of Agriculture establishes a 

quarantine within the United States to 

prevent the artificial spread of European 

larch canker (Lachnellula willkommi 

(Dasycypha)). The regulations in this 

subpart govern the interstate movement 

from regulated areas of regulated 

articles. 

* * * * * 1Any 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). 

■ 83. Section 301.91–1 is amended by 

revising the definitions for ‘‘Regulated 

area’’ and ‘‘Regulated article’’ to read as 

follows: 

§ 301.91–1 Definitions. 

* * * * * 

Regulated area. Any State, or any 

portion thereof, listed in accordance 

with § 301.91–3. 

Regulated article. Any article 

identified as a regulated article under 

§ 301.91–2 as follows: listed as of 

[EFFECTIVE DATE OF FINAL RULE], 

added in accordance with § 301.91–2(b), 

or otherwise designated in accordance 

with § 301.91–2(c). 

* * * * * 

■ 84. Sections 301.91–2 and 301.91–3 

are revised to read as follows: 

§ 301.91–2 Regulated articles. 

(a) List of regulated articles. The 

Deputy Administrator has determined 

that certain articles present a risk of 

spreading European larch canker. A list 

of all such regulated articles is found on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/plant-pestand-disease-programs/pests-anddiseases/plant-disease/elc/europeanlarch-canker. Lists of all regulated 

articles may also be obtained by request 

from any local Plant Protection and 

Quarantine (PPQ) office; local offices are 

listed in telephone directories and on 

the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. 

(b) Normal process for designating 

additional regulated articles. (1) If the 

Deputy Administrator determines that 

an article not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plantdisease/elc/european-larch-canker 

presents a risk of spreading European 

larch canker, APHIS will publish a 

notice in the Federal Register proposing 

to designate the article as a regulated 

article for European larch canker. The 

notice will provide the basis for this 

determination, and will request public 

comment. 

(2) If no comments are received on the 

notice, or if the comments do not 

change the Deputy Administrator’s 

determination, APHIS will publish a 

second notice in the Federal Register 

designating the article as a regulated 

article for European larch canker and 

listing it. 

(c) Immediate designation of 

regulated articles. An inspector may 

designate any other product, article, or 

means of conveyance as a regulated 

article for European larch canker, if the 

inspector determines that it presents a 

risk of spreading European larch canker, 

and after the inspector provides actual 

notification to the person in possession 

of the product, article, or means of 

conveyance that it is subject to the 

restrictions of this subpart. 

§ 301.91–3 Regulated areas. 

(a) Except as otherwise provided in 

paragraph (b) of this section, the Deputy 

Administrator will list as a regulated 

area each State, or each portion of a 

State, in which European larch canker 

has been found by an inspector, or in 

which the Deputy Administrator has 

reason to believe that European larch 

canker is present, or any portion of a 

quarantined State which the Deputy 

Administrator deems necessary to 

regulate because of its proximity to a 

European larch canker infestation or its 

inseparability for quarantine 

enforcement purpose from localities in 

which European larch canker occurs. 

The Deputy Administrator will publish 


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a list of all regulated areas (the regulated 

areas list) on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/plantdisease/elc/european-larch-canker. The 

list will include the date that the list 

was last updated. Lists of all regulated 

areas may also be obtained by request 

from any local PPQ office; local offices 

are listed in telephone directories and 

on the internet at www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/ppqprogram-overview/sphd. After a change 

is made to the list of regulated areas, 

APHIS will publish a notice in the 

Federal Register informing the public 

that the change has occurred and 

describing the change to the regulated 

areas. Less than an entire quarantined 

State will be designated as a regulated 

area only if the Deputy Administrator 

determines that: 

(1) The State has adopted and is 

enforcing a quarantine or regulation 

which imposes restrictions on the 

intrastate movement of the regulated 

articles which are substantially the same 

as those which are imposed with respect 

to the interstate movement of such 

articles under this subpart; and 

(2) The designation of less than the 

entire State as a regulated area will 

otherwise be adequate to prevent the 

artificial interstate spread of European 

larch canker. 

(b) The Deputy Administrator or an 

inspector may temporarily designate 

any nonregulated area in a quarantined 

State as a regulated area in accordance 

with the criteria specified in paragraph 

(a) of this section. The Deputy 

Administrator will give a copy of this 

regulation along with written notice of 

the temporary designation to the owner 

or person in possession of the 

nonregulated area, or, in the case of 

publicly owned land, to the person 

responsible for the management of the 

nonregulated area. Thereafter, the 

interstate movement of any regulated 

article from an area temporarily 

designated as a regulated area will be 

subject to this subpart. As soon as 

practicable, the area will be added to the 

regulated areas list or the designation 

will be terminated by the Deputy 

Administrator or an inspector. The 

owner or person in possession of, or, in 

the case of publicly owned land, the 

person responsible for the management 

of, an area for which designation is 

terminated will be given written notice 

of the termination as soon as 

practicable. 

§ 301.91–4 [Amended] 

■ 85. Section 301.91–4 is amended as 

follows: 

■ a. In the section heading, by 

redesignating footnote 2 as footnote 1; 

and 

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

words ‘‘of this subpart’’. 

§ 301.91–5 [Amended] 

■ 86. Section 301.91–5 is amended in 

paragraph (b)(2) by redesignating 

footnote 3 as footnote 1. 

§ 301.91–6 [Amended] 

■ 87. Section 301.91–6 is amended in 

paragraph (a) by redesignating footnote 

4 as footnote 1. 

§ 301.91–7 [Amended] 

■ 88. Section 301.91–7 is amended in 

paragraph (a) by redesignating footnote 

5 as footnote 1. 

■ 89. Section 301.92–1 is amended as 

follows: 

■ a. In the definition for ‘‘Non-host 

nursery stock’’, by adding the words 

‘‘accordance with’’ after the word ‘‘in’’; 

■ b. In the definition of ‘‘Nursery 

stock’’, by redesignating footnote 2 as 

footnote 1 and revising the newly 

redesignated footnote 1; 

■ c. By revising the definition for 

‘‘Quarantined area’’; and 

■ d. In the definitions for ‘‘Regulated 

article’’ and ‘‘Restricted article’’, by 

removing the words ‘‘of this subpart’’. 

The revisions read as follows: 

§ 301.92–1 Definitions. 

* * * * * 

Quarantined area. Any State, or any 

portion of a State, designated as a 

quarantined area in accordance with 

§ 301.92–3. 

* * * * * 1Bulbs, tubers, corms, or rhizomes are only 

considered nursery stock (and therefore, 

regulated under this subpart) if they are of 

plant taxa listed in accordance with 

§ 301.92–2 as regulated articles or associated 

articles. 

■ 90. Section 301.92–2 is amended as 

follows: 

■ a. In paragraph (a)(1), by adding the 

words ‘‘accordance with’’ after the 

words ‘‘listed in’’ and removing footnote 

3; 

■ b. In paragraph (a)(2), by adding the 

words ‘‘accordance with’’ after the 

words ‘‘listed in’’; 

■ c. In paragraph (b)(1), by adding the 

words ‘‘accordance with’’ after the 

words ‘‘listed in’’ and removing footnote 

4; 

■ d. In paragraph (c), by adding the 

words ‘‘accordance with’’ after the 

words ‘‘listed in’’; and 

■ e. By revising paragraphs (d) and (e). 

The revisions read as follows: 

§ 301.92–2 Restricted, regulated, and 

associated articles; lists of proven hosts 

and associated plant taxa. 

* * * * * 

(d) Proven host plant taxa. The 

Administrator has determined that 

certain taxa of plants are proven hosts 

of Phytophthora ramorum. A list of all 

such proven host taxa is located on the 

internet at www.aphis.usda.gov/aphis/ 

ourfocus/planthealth/plant-pest-anddisease-programs/pests-and-diseases/ 

phytophthora-ramorum/sod. Lists of all 

proven host taxa may also be obtained 

by request from any local Plant 

Protection and Quarantine (PPQ) office; 

local offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. If the Administrator determines 

that a taxon not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/

phytophthora-ramorum/sod is a proven 

host of Phytophthora ramorum, APHIS 

will publish a notice in the Federal 

Register proposing to designate the 

taxon as a proven host of Phytophthora 

ramorum. The notice will provide the 

basis for this determination, and will 

request public comment. If no 

comments are received on the notice, or 

if the comments do not change the 

Administrator’s determination, APHIS 

will publish a second notice in the 

Federal Register designating the taxon 

as a proven host of Phytophthora 

ramorum and listing it. 

(e) Associated plant taxa. The 

Administrator has determined that 

certain plant taxa are associated with 

Phytophthora ramorum. A list of all 

such taxa is located on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/ 

phytophthora-ramorum/sod. Lists of all 

associated taxa may also be obtained by 

request from any local PPQ office; local 

offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. If the Administrator determines 

that a taxon not already listed at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/ 

phytophthora-ramorum/sod is 

associated with Phytophthora ramorum, 

APHIS will publish a notice in the 

Federal Register proposing to designate 

the taxon as associated with 

Phytophthora ramorum. The notice will 

provide the basis for this determination, 

and will request public comment. If no 

comments are received on the notice, or 


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if the comments do not change the 

Administrator’s determination, APHIS 

will publish a second notice in the 

Federal Register designating the taxon 

as associated with Phytophthora 

ramorum and listing it. 

■ 91. Section 301.92–3 is amended by 

revising paragraph (a) 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 each 

State or 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. The 

Administrator will publish a list of all 

quarantined areas (the quarantine list) 

on the PPQ website at 

www.aphis.usda.gov/aphis/ourfocus/

planthealth/plant-pest-and-diseaseprograms/pests-and-diseases/ 

phytophthora-ramorum/sod. The list 

will include the date that the list was 

last updated. Lists of all quarantined 

areas may also be obtained by request 

from any local office of PPQ; local 

offices are listed in telephone 

directories and on the internet at 

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/ppq-program-overview/ 

sphd. After a change is made to the list 

of quarantined areas, APHIS will 

publish a notice in the Federal Register 

informing the public that the change has 

occurred and describing the change to 

the quarantined areas. Less than an 

entire State 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 

(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 

nonquarantined area as a quarantined 

area in accordance with the criteria in 

paragraph (a)(1) of this section. The 

Administrator or the inspector 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 the area temporarily 

designated as a quarantined area will be 

subject to this subpart. As soon as 

practicable, this area will be added to 

the quarantine list 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. 

* * * * * 

§ 301.92–4 [Amended] 

■ 92. Section 301.92–4 is amended as 

follows: 

■ a. In paragraph (a) introductory text, 

by redesignating footnote 5 as footnote 

1; 

■ b. In paragraph (b) introductory text, 

by removing footnote 6; 

■ c. In paragraph (c)(2) introductory 

text, by adding the words ‘‘accordance 

with’’ after the words ‘‘listed in’’; and 

■ d. In paragraph (c)(2)(ii)(B), by 

redesignating footnote 7 as footnote 2. 

■ 93. Section 301.92–5 is amended as 

follows: 

■ a. In paragraph (a), by redesignating 

footnotes 8 and 9 as footnotes 1 and 2, 

respectively; 

■ b. In paragraph (a)(1)(ii), redesignate 

footnote 10 as footnote 3 and revise 

newly redesignated footnote 3; and 

■ c. In paragraph (a)(1)(v), redesignate 

footnote 11 as footnote 4. 

The revision reads as follows: 

§ 301.92–5 Issuance and cancellation of 

certificates. 

* * * * * 3Firewood, logs, lumber of species listed 

in accordance with 301.92–2(d) and marked 

with an asterisk are not regulated articles, as 

noted in § 301.92–2(b)(1). 

* * * * * 

§ 301.92–6 [Amended] 

■ 94. Section 301.92–6 is amended in 

paragraph (a) by redesignating footnote 

12 as footnote 1. 

■ 95. Section 301.92–7 is amended by 

redesignating footnote 13 as footnote 1 

and revising newly redesignated 

footnote 1 to read as follows: 

§ 301.92–7 Availability of inspectors; 

assembly for inspection. 

* * * * * 1See footnote 2 in § 301.92–4. 

Done in Washington, DC, this 1st day of 

June 2022. 

Anthony Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2022–12153 Filed 6–13–22; 8:45 am] 

BILLING CODE 3410–34–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2022–0049] 

RIN 3150–AK76 

List of Approved Spent Fuel Storage 

Casks: NAC International NAC–UMS 

Universal Storage System, Certificate 

of Compliance No. 1015, Amendment 

No. 9 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel regulations by 

revising the NAC International NAC– 

UMS Universal Storage System listing 

within the ‘‘List of approved spent fuel 

storage casks’’ to include Amendment 

No. 9 to Certificate of Compliance No. 

1015. Amendment No. 9 revises the 

certificate of compliance to correct the 

effective thermal properties for 

pressurized-water reactor fuel 

assemblies used in the certification 

basis ANSYS thermal models and to 

update modeling assumptions. In 

addition, this rulemaking makes 

editorial corrections to Amendment No. 

8. 

DATES: Submit comments by July 14, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Submit your comments, 

identified by Docket ID NRC–2022– 

0049, at https://www.regulations.gov. If 

your material cannot be submitted using 

https://www.regulations.gov, call or 

email the individuals listed in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Bernard White, Office of Nuclear 

Material Safety and Safeguards; 


lotter on DSK11XQN23PROD with PROPOSALS1