§ 301.85-2 - Authorization for the Deputy Administrator to list regulated areas and suppressive or generally infested areas.

§ 301.85-2 Authorization to designate, and terminate designation of, for the Deputy Administrator to list regulated areas and suppressive or generally infested areas; and to exempt articles from certification, permit, or other requirements.

Cross Reference

Link to an amendment published at 87 FR 80014, Dec. 29, 2022.

(a) Regulated areas and suppressive or generally infested areasCriteria for designation and process for listing. The Deputy Administrator shall will list as regulated areas, in a supplemental regulation designated as § 301.85-2a, each quarantined State; or each portion thereof 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 , in the supplemental regulation, may divide any regulated area into a suppressive area or and a generally infested area in accordance with the definitions thereof 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-pest-and-disease-programs/pests-and-diseases/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-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 is of the opinion 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 that are equivalent to those imposed by this subpart on the interstate movement of such regulated articles under this subpart; and

(2) The designation of less than the an entire State as a regulated area will otherwise be adequate to prevent the interstate spread of the golden nematodenematodes.

(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 in § 301.85-2a 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, in a supplemental regulation designated as § 301.85-2b, list regulated articles or movements of regulated articles which shall be exempt from the certification, permit, or other requirements of this subpart under such conditions as he or she may prescribe, if he or she finds that facts exist as to the pest risk involved in the movement of such regulated articles which make it safe to so relieve such requirements.

[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005

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 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-disease-programs/pests-and-diseases/golden-nematode/nematodes is annotated to indicate the exemptions under this subpart.

[87 FR 80014, Dec. 29, 2022]