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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:2.1.1.1.2.0.1.1 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.1 General provisions. | ITA | [47 FR 32517, July 28, 1982; 47 FR 34368, Aug. 9, 1982, as amended at 66 FR 28832, May 25, 2001; 74 FR 30463, June 26, 2009; 78 FR 72571, Dec. 3, 2013] | (a) Purpose. This part sets forth the regulations of the Department of Commerce and the Department of the Treasury applicable to the duty-free importation of scientific instruments and apparatus by public or private nonprofit institutions. (b) Background. (1) The Agreement on the importation of Educational, Scientific and Cultural Materials (Florence Agreement; “the Agreement”) is a multinational treaty, which seeks to further the cause of peace through the freer exchange of ideas and knowledge across national boundaries, primarily by eliminating tariffs on certain educational, scientific and cultural materials. (2) Annex D of the Agreement provides that scientific instruments and apparatus intended exclusively for educational purposes or pure scientific research use by qualified nonprofit institutions shall enjoy duty-free entry if instruments or apparatus of equivalent scientific value are not being manufactured in the country of importation. (3) The Annex D provisions are implemented for U.S. purposes in Subchapter X, Chapter 98, Harmonized Tariff Schedule of the United States (HTSUS). (c) Summary of statutory procedures and requirements. (1) U.S. Note 1, Subchapter X, Chapter 98, HTSUS, provides, among other things, that articles covered by subheadings 9810.00.60 (scientific instruments and apparatus), 9810.00.65 (repair components therefor) and 9810.00.67 (tools for maintaining and testing the above), HTSUS, must be exclusively for the use of the institutions involved and not for distribution, sale, or other commercial use within five years after entry. These articles may be transferred to another qualified nonprofit institution, but any commercial use within five years of entry shall result in the assessment of applicable duties pursuant to § 301.9(c). (2) An institution wishing to enter an instrument or apparatus under tariff subheading 9810.00.60, HTSUS, must file an application with the Customs and Border Protection in accordance with the regulations in this section. If the application is made… | |||||
| 15:15:2.1.1.1.2.0.1.10 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.10 Importation of repair components and maintenance tools under HTSUS subheadings 9810.00.65 and 9810.00.67 for instruments previously the subject of an entry liquidated under subheading 9810.00.60, HTSUS. | ITA | [66 FR 28834, May 25, 2001, as amended at 74 FR 30463, June 26, 2009] | (a) An institution owning an instrument that was the subject of an entry liquidated duty-free under subheading 9810.00.60, HTSUS, that wishes to enter repair components or maintenance tools for that instrument may do so without regard to the application procedures required for entry under subheading 9810.00.60, HTSUS. The institution must certify to Customs and Border Protection officials at the port of entry that such components are repair components for that instrument under subheading 9810.00.65, HTSUS, or that the tools are maintenance tools necessary for the repair, checking, gauging or maintenance of that instrument under subheading 9810.00.67, HTSUS. (b) Instruments entered under subheading 9810.00.60, HTSUS, and subsequently returned to the foreign manufacturer for repair, replacement or modification are not covered by subheading 9810.00.65 or 9810.00.67, HTSUS, although they may, upon return to the United States, be eligible for a reduced duty payment under subheading 9802.00.40 or 9802.00.50, HTSUS (covering articles exported for repairs or alterations) or may be made the subject of a new application under subheading 9810.00.60, HTSUS. | |||||
| 15:15:2.1.1.1.2.0.1.2 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.2 Definitions. | ITA | [47 FR 32517, July 28, 1982; 47 FR 34368, Aug. 9, 1982, as amended at 66 FR 28832, May 25, 2001; 74 FR 30463, June 26, 2009] | For the purposes of these regulations and the forms used to implement them: (a) Director means the Director of the Statutory Import Programs Staff, International Trade Administration, U.S. Department of Commerce. (b) The Commissioner means Commissioner of Customs and Border Protection, or the official(s) designated to act on the Commissioner's behalf. (c) CBP Port” or the Port means the port where a particular claim has been or will be made for duty-free entry of a scientific instrument or apparatus under subheading 9810.00.60, HTSUS. (d) Entry means entry of an instrument into the Customs territory of the United States for consumption or withdrawal of an instrument from a Customs bonded warehouse for consumption. (e) United States includes only the several States, the District of Columbia and the Commonwealth of Puerto Rico. (f) Instrument means instruments and apparatus specified in U.S. Note 6(a), Subchapter X, Chapter 98, HTSUS. A combination of basic instrument or apparatus and accompanying accessories shall be treated as a single instrument provided that, under normal commercial practice, such combination is considered to be a single instrument and provided further that the applicant has ordered or, upon favorable action on its application, firmly intends to order the combination as a unit. The term “instrument” also covers separable components of an instrument that are imported for assembly in the United States in such instrument where that instrument, due to its size, cannot feasibly be imported in its assembled state. The components, as well as the assembled instrument itself, must be classifiable under the tariff provisions listed in U.S. Note 6(a), Subchapter X, Chapter 98, HTSUS. See paragraph (k) of this section and § 301.3(f). Unless the context indicates otherwise, instrument or apparatus shall mean a foreign “instrument or apparatus” for which duty-free entry is sought under subheading 9810.00.60, HTSUS. Spare parts typically ordered and delivered with an instrument are also co… | |||||
| 15:15:2.1.1.1.2.0.1.3 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.3 Application for duty-free entry of scientific instruments. | ITA | [47 FR 32517, July 28, 1982, as amended at 50 FR 11501, Mar. 22, 1985; 66 FR 28833, May 25, 2001; 74 FR 30463, June 26, 2009] | (a) Who may apply. An applicant for duty-free entry of an instrument under subheading 9810.00.60, HTSUS must be a public or private nonprofit institution which is established for educational or scientific purposes and which has placed a bona fide order or has a firm intention to place a bona fide order for a foreign instrument within 60 days following a favorable decision on the institution's application. (b) Application forms. Applications must be made on form ITA-338P which may be obtained from the Statutory Import Programs Staff, International Trade Administration, U.S. Department of Commerce, Washington, DC 20230, the Web site at http://ia.ita.doc.gov/sips/index.html, or from the various District Offices of the U.S. Department of Commerce. (c) Where to apply. Applications must be filed with the U.S. Customs and Border Protection, at the address specified on page 1 of the form. (d) Five copies of the form, including relevant supporting documents, must be submitted. One of these copies shall be signed in the original by the person in the applicant institution under whose direction and control the foreign instrument will be used and who is familiar with the intended uses of the instrument. The remaining four copies of the form may be copies of the original. Attachments should be fully identified and referenced to the question(s) on the form to which they relate. (e) A single application (in the requisite number of copies) may be submitted for any quantity of the same type or model of foreign instrument provided that the entire quantity is intended to be used for the same purposes and provided that all units are included on a single purchase order. A separate application shall be submitted for each different type or model or variation in the type or model of instrument for which duty-free entry is sought even if covered by a single purchase order. Orders calling for multiple deliveries of the same type or model of instrument over a substantial period of time may, at the discretion of the Director, req… | |||||
| 15:15:2.1.1.1.2.0.1.4 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.4 Processing of applications by the Department of the Treasury (Customs and Border Protection). | ITA | [47 FR 32517, July 28, 1982; 47 FR 34368, Aug. 9, 1982, as amended at 50 FR 11501, Mar. 22, 1985; 66 FR 28833, May 25, 2001; 74 FR 30463, June 26, 2009] | (a) Review and determination. The Commissioner shall date each application when received by Customs and Border Protection. If the application appears to be complete, the Commissioner shall determine: (1) Whether the institution is a nonprofit private or public institution established for research and educational purposes and therefore authorized to import instruments into the U.S. under subheading 9810.00.60, HTSUS. In making this determination, the Commissioner may require applicants to document their eligibility under this paragraph; (2) Whether the instrument or apparatus falls within the classes of instruments eligible for duty-free entry consideration under subheading 9810.00.60, HTSUS. For eligible classes, see U.S. Note 6(a), Subchapter X, Chapter 98, HTSUS; and (3) Whether the instrument or apparatus is for the exclusive use of the applicant institution and is not intended to be used for commercial purposes. For the purposes of this section, commercial uses would include, but not necessarily be limited to: Distribution, lease or sale of the instrument by the applicant institution; any use by, or for the primary benefit of, a commercial entity; or use of the instrument for demonstration purposes in return for a fee, price discount or other valuable consideration. Evaluation, modification or testing of the foreign instrument, beyond normal, routine acceptance testing and calibration, to enhance or expand its capabilities primarily to benefit the manufacturer in return for a discount or other valuable consideration, may be considered a commercial benefit. In making the above determination, the Commissioner may consider, among other things, whether the results of any research to be performed with the instrument will be fully and timely made available to the public. For the purposes of this section, use of an instrument for the treatment of patients is considered noncommercial. If any of the Commissioner's determinations is in the negative, the application shall be found to be outside the scope of the Ac… | |||||
| 15:15:2.1.1.1.2.0.1.5 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.5 Processing of applications by the Department of Commerce. | ITA | [47 FR 32517, July 28, 1982; 47 FR 34368, Aug. 9, 1982, as amended at 50 FR 11501, Mar. 22, 1985; 66 FR 28833, May 25, 2001; 74 FR 30463, June 26, 2009] | (a) Public notice and opportunity to present views. (1) Within 5 days of receipt of an application from the Commissioner, the Director shall make a copy available for public inspection during ordinary business hours of the Department of Commerce. Unless the Director determines that an application has deficiencies which preclude consideration on its merits (e.g., insufficient description of intended purposes to rule on the scientific equivalency of the foreign instrument and potential domestic equivalents), he shall publish in the Federal Register a notice of the receipt of the application to afford all interested persons a reasonable opportunity to present their views with respect to the question “whether an instrument or apparatus of equivalent scientific value for the purpose for which the article is intended to be used is being manufactured in the United States.” The notice will include the application number, the name and address of the applicant, a description of the instrument(s) for which duty-free entry is requested, the name of the foreign manufacturer and a brief summary of the applicant's intended purposes extracted from the applicant's answer to question 7 of the application. In addition, the notice shall specify the date the application was accepted by the Commissioner for transmittal to the Department of Commerce. (2) If the Director determines that an application is incomplete or is otherwise deficient, he may request the applicant to supplement the application, as appropriate, prior to publishing the notice of application in the Federal Register. Supplemental information/material requested under this provision shall be supplied to the Director in two copies within 20 days of the date of the request and shall be subject to the certification on the form. Failure to provide the requested information on time shall result in a denial of the application without prejudice to resubmission pursuant to paragraph (e) of this section. (3) Requirement for presentation of views (comments) by interested… | |||||
| 15:15:2.1.1.1.2.0.1.6 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.6 Appeals. | ITA | [47 FR 32517, July 28, 1982, as amended at 66 FR 28834, May 25, 2001] | (a) An appeal from a final decision made by the Director under § 301.5(f) may be taken in accordance with U.S. Note 6(e), Subchapter X, Chapter 98, HTSUS, only to the U.S. Court of Appeals for the Federal Circuit and only on questions of law, within 20 days after publication of the decision in the Federal Register. If at any time while its application is under consideration by the Court of Appeals on an appeal from a finding by the Director an institution cancels an order for the instrument to which the application relates or ceases to have a firm intention to order such instrument, the institution shall promptly notify the court. (b) An appeal may be taken by: (1) The institution which makes the application; (2) A person who, in the proceeding which led to the decision, timely represented to the Secretary of Commerce in writing that he/she manufactures in the United States an instrument of equivalent scientific value for the purposes for which the instrument to which the application relates is intended to be used; (3) The importer of the instrument, if the instrument to which the application relates has been entered at the time the appeal is taken; or (4) An agent of any of the foregoing. (c) Questions regarding appeal procedures should be addressed directly to the U.S. Court of Appeals for the Federal Circuit, Clerk's Office, Washington, DC 20439. | |||||
| 15:15:2.1.1.1.2.0.1.7 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.7 Final disposition of an application. | ITA | [47 FR 32517, July 28, 1982, as amended at 66 FR 28834, May 25, 2001; 74 FR 30463, June 26, 2009] | (a) Disposition of an application shall be final when 20 days have elapsed after publication of the Director's final decision in the Federal Register and no appeal has been taken pursuant to § 301.6 of these regulations, of if such appeal has been taken, when final judgment is made and entered by the Court. (b) The Director shall notify the CBP Port when disposition of an application becomes final. If the Director has not been advised of the port of entry of the instrument, or if entry has not been made when the decision on the application becomes final, the Director shall notify the Commissioner of final disposition of the application. (c) An instrument, the duty-free entry of which has been finally denied, may not be the subject of a new application from the same institution. | |||||
| 15:15:2.1.1.1.2.0.1.8 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.8 Instructions for entering instruments through Customs and Border Protection under subheading 9810.00.60, HTSUS. | ITA | [47 FR 32517, July 28, 1982, as amended at 66 FR 28834, May 25, 2001; 74 FR 30463, June 26, 2009] | Failure to follow the procedures in this section may disqualify an instrument for duty-free entry notwithstanding an approval of an application on its merits by the Department of Commerce. (a) Entry procedures. (1) An applicant desiring duty-free entry of an instrument may make a claim at the time of entry of the instrument into the Customs territory of the United States (as defined in 19 CFR 101.1) that the instrument is entitled to duty-free classification under subheading 9810.00.60, HTSUS. (2) If no such claim is made the instrument shall be immediately classified without regard to subheading 9810.00.60, HTSUS , duty will be assessed, and the entry liquidated in the ordinary course. (3) If a claim is made for duty-free entry under subheading 9810.00.60, HTSUS , the entry shall be accepted without requiring a deposit of estimated duties provided that a copy of the form, stamped by Customs and Border Protection as accepted for transmittal to the Department of Commerce in accordance with § 301.4(b), is filed simultaneously with the entry. (4) If a claim for duty-free entry under subheading 9810.00.60, HTSUS is made but is not accompanied by a copy of the properly stamped form, a deposit of the estimated duty is required. Before the entry is liquidated, the applicant must file with the CBP Port a properly stamped copy of the application form. In the event that the CBP Port does not receive a copy of the properly stamped application form before liquidation, the instrument shall be classified and liquidated in the ordinary course, without regard for subheading 9810.00.60, HTSUS. (5) Entry of an instrument after the Director's approval of an application. Whenever an institution defers entry until after it receives a favorable final determination on the application for duty-free entry of the instrument, either by delaying importation or by placing the instrument in a bonded warehouse or foreign trade zone, the importer shall file with the entry of the instrument (i) the stamped copy of the form, (ii) the insti… | |||||
| 15:15:2.1.1.1.2.0.1.9 | 15 | Commerce and Foreign Trade | III | A | 301 | PART 301—INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS | § 301.9 Uses and disposition of instruments entered under subheading 9810.00.60, HTSUS. | ITA | [47 FR 32517, July 28, 1982, as amended at 66 FR 28834, May 25, 2001; 74 FR 30463, June 26, 2009] | (a) An instrument granted duty-free entry may be transferred from the applicant institution to another eligible institution provided the receiving institution agrees not to use the instrument for commercial purposes within 5 years of the date of entry of the instrument. In such cases title to the instrument must be transferred directly between the institutions involved. An institution transferring a foreign instrument entered under subheading 9810.00.60, HTSUS within 5 years of its entry shall so inform the CBP Port in writing and shall include the following information: (1) The name and address of the transferring institution. (2) The name and address of the transferee. (3) The date of transfer. (4) A detailed description of the instrument. (5) The serial number of the instrument and any accompanying accessories. (6) The entry number, date of entry, and port of entry of the instrument. (b) Whenever the circumstances warrant, and occasionally in any event, the fact of continued use for 5 years for noncommercial purposes by the applicant institution shall be verified by Customs and Border Protection. (c) If an instrument is transferred in a manner other than specified above or is used for commercial purposes within 5 years of entry, the institution for which such instrument was entered shall promptly notify the Customs and Border Protection officials at the Port and shall be liable for the payment of duty in an amount determined on the basis of its condition as imported and the rate applicable to it. | |||||
| 17:17:5.0.1.1.33.0.42.1 | 17 | Commodity and Securities Exchanges | II | 301 | PART 301—FORMS, SECURITIES INVESTOR PROTECTION CORPORATION | § 301.0-1 Availability of forms. | SEC | The forms prescribed for use under the Securities Investor Protection Act of 1970, as amended, (the “Act”) and under part 300 of this chapter are identified and described in this part. Copies of these forms may be obtained upon request to, as appropriate, the Securities Investor Protection Corporation (“SIPC”) at 900 Seventeenth Street, NW., Washington, DC 20006, or the trustee appointed in a liquidation proceeding under section 5 of the Act. | |||||||
| 17:17:5.0.1.1.33.0.42.2 | 17 | Commodity and Securities Exchanges | II | 301 | PART 301—FORMS, SECURITIES INVESTOR PROTECTION CORPORATION | § 301.300a Form 300-A, for summary of buy-ins or sell-outs of all open contractual commitments. | SEC | This form shall be filed as required by § 300.303 of this chapter with the trustee in a proceeding under section 5 of the Act by a broker-dealer who executed transactions out of which arose open contractual commitments, as defined by § 300.300(c) of this chapter, with the debtor in the proceeding. The form shall be used to summarize the buy-ins and sell-outs of those open contractual commitments and shall be accompanied by the forms described in §§ 301.300b and 301.300c. | |||||||
| 17:17:5.0.1.1.33.0.42.3 | 17 | Commodity and Securities Exchanges | II | 301 | PART 301—FORMS, SECURITIES INVESTOR PROTECTION CORPORATION | § 301.300b Form 300-B, for report of all fails to deliver. | SEC | This form shall be filed as required by § 300.303 of this chapter with the trustee in a proceeding under section 5 of the Act by a broker-dealer who executed transactions out of which arose open contractual commitments, as defined by § 300.300(c) of this chapter, with the debtor in the proceeding. The form shall be used to report all the fails to deliver, as defined by § 300.300(b) of this chapter, that were open on the filing date, as well as any subsequent closeouts. This form shall accompany the form described in § 300.300a. | |||||||
| 17:17:5.0.1.1.33.0.42.4 | 17 | Commodity and Securities Exchanges | II | 301 | PART 301—FORMS, SECURITIES INVESTOR PROTECTION CORPORATION | § 301.300c Form 300-C, for report of all fails to receive. | SEC | This form shall be filed as required by § 300.303 of this chapter with the trustee in a proceeding under section 5 of the Act by a broker-dealer who executed transactions out of which arose open contractual commitments, as defined by § 300.300(c) of this chapter, with the debtor in the proceeding. The form shall be used to report all the fails to receive, as defied by § 300.300(a) of this chapter, that were open on the filing date, as well as any subsequent closeouts. This form shall accompany the form described in § 300.300a. | |||||||
| 20:20:1.0.2.9.40.0.155.1 | 20 | Employees' Benefits | II | C | 301 | PART 301—EMPLOYERS UNDER THE ACT | § 301.1 Statutory provisions. | SSA | [Board Order 40-368, 5 FR 2718, Aug. 1, 1940, as amended by Board Order 41-526, 7 FR 97, Jan. 6, 1942] | (a) The term “employer” means any carrier (as defined in subsection (b) of this section), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the property or operating all or any part of the business of any such employer: Provided, however, That the term “employer” shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Board, or upon complaint of any party interested, to determine after hearing whether any line operated by electric power falls within the terms of this proviso. The term “employer” shall also include railroad associations, traffic associations, tariff bureaus, demurrage bureaus, weighing and inspection bureaus, collection agencies, and other associations, bureaus, agencies, or organizations controlled and maintained wholly or principally by two or more employers as hereinbefore defined and engaged in the performance of services in connection with or incidental to railroad transportation; and railway labor organizations, national in scope, which have been or may be organized in accordance with the provisions of the Railway Labor Act, and their State and National legislative committees and their general comm… | |||||
| 20:20:1.0.2.9.40.0.155.2 | 20 | Employees' Benefits | II | C | 301 | PART 301—EMPLOYERS UNDER THE ACT | § 301.4 Who are employers. | SSA | [Board Order 40-368, 5 FR 2718, Aug. 1, 1940] | The provisions of § 201.1(k) and the provisions of §§ 202.2 through 202.15 of this chapter shall be applicable to the determination of who are employers under the Railroad Unemployment Insurance Act to the same extent and in the same manner as they are applicable to the determination of who are employers under the Railroad Retirement Act of 1937. | |||||
| 28:28:2.0.2.1.2.1.119.1 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.101 Purpose and scope. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994] | Pursuant to the authority granted at 18 U.S.C. 4126, the procedures set forth in this part govern the payment of accident compensation, necessitated as the result of work-related injuries, to federal prison inmates or their dependents. Compensation may be awarded via two separate and distinct programs: (a) Inmate Accident Compensation may be awarded to former federal inmates or their dependents for physical impairment or death resultant from injuries sustained while performing work assignments in Federal Prison Industries, Inc., in institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities; or, (b) Lost-time wages may be awarded to inmates assigned to Federal Prison Industries, Inc., to paid institutional work assignments involving the operation or maintenance of a federal correctional facility, or in approved work assignments for other federal entities for work-related injuries resulting in time lost from the work assignment. | ||||
| 28:28:2.0.2.1.2.1.119.2 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.102 Definitions. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2666, Jan. 18, 1994] | (a) For purposes of this part, the term work-related injury shall be defined to include any injury, including occupational disease or illness, proximately caused by the actual performance of the inmate's work assignment. (b)(1) For purposes of this part, the term release is defined as the removal of an inmate from a Bureau of Prisons correctional facility upon expiration of sentence, parole, final discharge from incarceration of a pretrial inmate, or transfer to a community corrections center or other non-federal facility, at the conclusion of the period of confinement in which the injury occurred. (2) In the case of an inmate who suffers a work-related injury while housed at a community corrections center, release is defined as the removal of the inmate from the community corrections center upon expiration of sentence, parole, or transfer to any non-federal facility, at the conclusion of the period of confinement in which the injury occurred. (3) In the case of an inmate who suffers a work-related injury while housed at a community corrections center and is subsequently transferred to a Bureau of Prisons facility, release is defined as the removal of the inmate from the Bureau of Prisons facility upon expiration of sentence, parole, or transfer to a community corrections center or other non-federal facility. (c) For purposes of this part, the term dependent is defined as the legally recognized spouse or child of an inmate for whose support the inmate is legally responsible in whole or part. (d) For purposes of this part, the term work detail supervisor may refer to either a Bureau of Prisons or a non-Bureau of Prisons supervisor. (e) For the purposes of this part, the phrase housed at or based at a “Bureau of Prisons institution” shall refer to an inmate that has a work assignment with a Bureau of Prisons institution or with another federal entity and is incarcerated at a Bureau of Prisons institution. For the purposes of this part, the phrase based at or housed at a “community correcti… | ||||
| 28:28:2.0.2.1.2.1.119.3 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.103 Inmate work assignments. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994] | The unit team of each inmate, which ordinarily designates work assignments, or whoever makes work assignments, shall review appropriate medical records, presentence reports, admission summaries, and all other available information prior to the designation of an inmate to a work assignment in an effort to preclude the assignment of an inmate to a work assignment not compatible with the inmate's physical ability or condition. | ||||
| 28:28:2.0.2.1.2.1.119.4 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.104 Medical attention. | BOP | [59 FR 2667, Jan. 18, 1994] | Whenever an inmate worker is injured while in the performance of assigned duty, regardless of the extent of the injury, the inmate shall immediately report the injury to his official work detail supervisor. In the case of injuries on work details for other federal entities, the inmate shall also report the injury as soon as possible to community corrections or institution staff, as appropriate. The work detail supervisor shall immediately secure such first aid, medical, or hospital treatment as may be necessary for the proper treatment of the injured inmate. First aid treatment may be provided by any knowledgeable individual. Medical, surgical, and hospital care shall be rendered under the direction of institution medical staff for all inmates based at Bureau of Prisons institutions. In the case of inmates based at community corrections centers, medical care shall be arranged by the work supervisor or by community corrections center staff in accordance with the medical needs of the inmate. Refusal by an inmate worker to accept such medical, surgical, hospital, or first aid treatment recommended by medical staff or by other medical professionals may result in denial of any claim for compensation for any impairment resulting from the injury. | ||||
| 28:28:2.0.2.1.2.1.119.5 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.105 Investigation and report of injury. | BOP | [59 FR 2667, Jan. 18, 1994] | (a) After initiating necessary action for medical attention, the work detail supervisor shall immediately secure a record of the cause, nature, and exact extent of the injury. The work detail supervisor shall complete a BP-140, Injury Report (Inmate), on all injuries reported by the inmate, as well as injuries observed by staff. In the case of injuries on work details for other federal entities, the work supervisor shall also immediately inform community corrections or institution staff, as appropriate, of the injury. The injury report shall contain a signed statement from the inmate on how the accident occurred. The names and statements of all witnesses (e.g., staff, inmates, or others) shall be included in the report. If the injury resulted from the operation of mechanical equipment, an identifying description or photograph of the machine or instrument causing the injury shall be obtained, to include a description of all safety equipment used by the injured inmate at the time of the injury. Staff shall provide the inmate with a copy of the injury report. Staff shall then forward the original and remaining copies of the injury report to the Institutional Safety Manager for review. In the case of inmates based at community corrections centers, the work detail supervisor shall provide the inmate with a copy of the injury report and shall forward the original and remaining copies of the injury report to the Community Corrections Manager responsible for the particular community corrections center where the inmate is housed. (b) The Institution Safety Manager or Community Corrections Manager shall ensure that a medical description of the injury is included on the BP-140 whenever the injury requires medical attention. The Institution Safety Manager or Community Corrections Manager shall also ensure that the appropriate sections of BP-140, Page 2, Injury—Lost-Time Follow-Up Report, are completed and that all reported work injuries are properly documented. | ||||
| 28:28:2.0.2.1.2.1.119.6 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | A | Subpart A—General | § 301.106 Repetitious accidents. | BOP | If an inmate worker is involved in successive accidents on a particular work site in a comparatively short period of time, regardless of whether injury occurs, and the circumstances of the accidents indicate an awkwardness or ineptitude that, in the opinion of the inmate's work supervisor, implies a danger of further accidents in the task assigned, the inmate shall be assigned to another task more suitable to the inmate's ability. | |||||
| 28:28:2.0.2.1.2.2.119.1 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | B | Subpart B—Lost-Time Wages | § 301.201 Applicability. | BOP | [59 FR 2667, Jan. 18, 1994] | Lost-time wages shall be available only for inmates based at Bureau of Prisons institutions. | ||||
| 28:28:2.0.2.1.2.2.119.2 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | B | Subpart B—Lost-Time Wages | § 301.202 Determination of work-relatedness. | BOP | [55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994] | (a) When the institution safety manager receives notice, or has reason to believe, a work-related injury may result in time lost from the work assignment, he or she shall present BP-140, Pages 1 and 2 (with the appropriate sections completed) to the Institution Safety Committee at the Committee's next regularly scheduled meeting. The Safety Committee shall make a determination of the injury's work-relatedness based on the available evidence and testimony. The determination shall be recorded on BP-140, Page 2, a copy of which shall be provided to the inmate. (b) A determination of work-relatedness for purposes of awarding lost-time wages is not confirmation on the validity of any subsequent claim to receive compensation for work-related physical impairment or death. | ||||
| 28:28:2.0.2.1.2.2.119.3 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | B | Subpart B—Lost-Time Wages | § 301.203 Payment of lost-time wages. | BOP | [55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994] | (a) An inmate worker may receive lost-time wages for the number of regular work hours absent from work due to injury sustained in the performance of the assigned work. (b) Lost-time wages are paid for time lost in excess of three consecutively scheduled workdays. The day of injury is considered to be the first workday regardless of the time of injury. (c) An inmate may receive lost-time wages at the rate of 75% of the standard hourly rate of the inmate's regular work assignment at the time of the injury. | ||||
| 28:28:2.0.2.1.2.2.119.4 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | B | Subpart B—Lost-Time Wages | § 301.204 Continuation of lost-time wages. | BOP | [55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994] | (a) Once approved, the inmate shall receive lost-time wages until the inmate: (1) Is released; (2) Is transferred to another institution for reasons unrelated to the work injury; (3) Returns to the pre-injury work assignment; (4) Is reassigned to another work area or program for reasons unrelated to the sustained work injury, or is placed into Disciplinary Segregation; or, (5) Refuses to return to a regular work assignment or to a lighter duty work assignment after medical certification of fitness for such duty. (b) An inmate medically certified as fit for return to work shall sustain no monetary loss due to a required change in work assignment. Where there is no light duty or regular work assignment available at the same rate of pay as the inmate's pre-injury work assignment, the difference shall be paid in lost-time wages. Lost-time wages are paid until a light duty or regular work assignment at the same pay rate as the inmate's pre-injury work assignment is available. | ||||
| 28:28:2.0.2.1.2.2.119.5 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | B | Subpart B—Lost-Time Wages | § 301.205 Appeal of determination. | BOP | [55 FR 9296, Mar. 12, 1990. Redesignated at 59 FR 2667, Jan. 18, 1994] | An inmate who disagrees with the decision regarding payment of lost-time wages may appeal that decision exclusively through the Administrative Remedy Procedure. (See 28 CFR part 542.) | ||||
| 28:28:2.0.2.1.2.3.119.1 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.301 Compensable and noncompensable injuries. | BOP | (a) No compensation for work-related injuries resulting in physical impairment shall be paid prior to an inmate's release. (b) Compensation may only be paid for work-related injuries or claims alleging improper medical treatment of a work-related injury. This ordinarily includes only those injuries suffered during the performance of an inmate's regular work assignment. However, injuries suffered during the performance of voluntary work in the operation or maintenance of the institution, when such work has been approved by staff, may also be compensable. (c) Compensation is not paid for injuries sustained during participation in institutional programs (such as programs of a social, recreational, or community relations nature) or from maintenance of one's own living quarters. Furthermore, compensation shall not be paid for injuries suffered away from the work location (e.g., while the claimant is going to or leaving work, or going to or coming from lunch outside of the work station or area). (d) Injuries sustained by inmate workers willfully or with intent to injure someone else, or injuries suffered in any activity not related to the actual performance of the work assignment are not compensable, and no claim for compensation for such injuries will be approved. Willful violation of rules and regulations may result in denial of compensation for any resulting injury. | |||||
| 28:28:2.0.2.1.2.3.119.10 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.310 Witnesses. | BOP | (a) If a claimant wishes to present witnesses at the hearing, the claimant must provide the Committee, no less than 10 days before the scheduled hearing date, the name and address of each proposed witness, along with an outline of each witness' testimony. The Committee may limit the number of witnesses who may appear at a hearing, however, the Committee has no authority to compel the attendance of any witness. (b) Any person confined in a Federal, State, or local penal or correctional institution at the time of the hearing may not appear as a witness, but that person's testimony may be submitted in the form of a written statement. | |||||
| 28:28:2.0.2.1.2.3.119.11 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.311 Expenses associated with appearance at committee hearing. | BOP | Federal Prison Industries, Inc., may not assume responsibility for any expenses incurred by the claimant, claimant's representative, or any witness appearing on behalf of the claimant in connection with attendance at the hearing, as well as any other costs relating to any representative, witnesses, or evidence associated with a hearing before the Committee. | |||||
| 28:28:2.0.2.1.2.3.119.12 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.312 Notice of committee determination. | BOP | The Committee shall mail written notice of its decision to affirm, reverse, or amend the Claims Examiner's initial determination, with the reasons for its decision, to the claimant at the claimant's last known address, or to claimant's duly appointed representative, no later than 30 days after the date of the hearing unless the Committee needs to make a further investigation as a result of information received at the hearing. If the Committee conducts further investigation subsequent to the hearing, the decision notice shall be mailed no later than 30 days after the conclusion of the Committee's investigation. | |||||
| 28:28:2.0.2.1.2.3.119.13 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.313 Chief Operating Officer review. | BOP | Any claimant not satisfied with the Committee's reconsidered decision or decision after a hearing may appeal such decision to the Chief Operating Officer, Federal Prison Industries, Inc., 320 First Street NW., Washington, DC 20534. A written request for such an appeal must be received no later than 90 days after the date of notice of the Committee's decision. The Chief Operating Officer shall review the record and affirm, reverse or amend the Committee's decision no later than 90 days after receipt of claimant's notice of appeal. Written notice of the Chief Operating Officer's decision shall be mailed to the claimant's last known address, or to the claimant's representative. | |||||
| 28:28:2.0.2.1.2.3.119.14 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.314 Establishing the amount of award. | BOP | (a) If a claim for Inmate Accident Compensation is approved, the amount of compensation shall be based upon the degree of physical impairment existent at the time of the claimant's release regardless of when during the claimant's period of confinement the injury was sustained. No claim for compensation will be approved if full recovery occurs while the inmate is in custody and no impairment remains at the time of release. (b) In determining the amount of accident compensation to be paid, the permanency and severity of the injury in terms of functional impairment shall be considered. The provisions of the Federal Employees' Compensation Act (FECA) (5 U.S.C. 8101, et seq. ) shall be followed when practicable. The FECA establishes a set number of weeks of compensation applicable for injuries to specific body members or organs (section 8107). (c) All awards of Inmate Accident Compensation shall be based upon the minimum wage (as prescribed by the Fair Labor Standards Act). (1) For body members or organs covered under section 8107, the minimum wage applicable at the time of the award shall be used as the basis for determining the amount of compensation. Awards regarding injury to body members or organs covered under section 8107 shall be paid in a lump sum. Acceptance of such an award shall constitute full and final settlement of the claim for compensation. (2) For body members or organs not covered under section 8107, awards will be paid on a monthly basis because such awards are subject to periodic review of entitlement. The minimum wage applicable at the time of each monthly payment shall be used in determining the amount of each monthly payment. Monthly payments are ordinarily mailed the first day of the month following the month in which the award is effective. | |||||
| 28:28:2.0.2.1.2.3.119.15 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.315 Review of entitlement. | BOP | (a) Each monthly compensation recipient shall be required, upon request of the Claims Examiner, to submit to a medical examination, by a physician specified or approved by the Claims Examiner, to determine the current status of his physical impairment. Any reduction in the degree of physical impairment revealed by this examination shall result in a commensurate reduction in the amount of monthly compensation provided. Failure to submit to this physical examination shall be deemed refusal, and shall ordinarily result in denial of future compensation. The costs associated with this examination shall be borne by Federal Prison Industries, Inc. (b) Inasmuch as compensation awards are based upon the minimum wage, any income received by a compensation recipient which exceeds the annual income available at the minimum wage (based upon a 40 hour work week), including Social Security or veterans benefits received as the result of the work-related injury for which Inmate Accident Compensation has been awarded, shall be deemed excessive. The amount of compensation payable to a claimant with an income deemed excessive shall be reduced at the rate of one dollar for each two dollars of earned and benefit income which exceeds the annual income available at minimum wage. Each monthly compensation recipient shall be required to provide a statement of earnings on an annual basis, or as otherwise requested. Failure to provide this statement shall result in the suspension or denial of all Inmate Accident Compensation benefits until such time as satisfactory evidence of continued eligibility is provided. | |||||
| 28:28:2.0.2.1.2.3.119.16 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.316 Subsequent incarceration of compensation recipient. | BOP | [59 FR 2667, Jan. 18, 1994] | If a claimant, who has been awarded compensation on a monthly basis, is or becomes incarcerated at any federal, state, or local correctional facility, monthly compensation payments payable to the claimant shall ordinarily be suspended until such time as the claimant is released from the correctional facility. | ||||
| 28:28:2.0.2.1.2.3.119.17 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.317 Medical treatment following release. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994] | Federal Prison lndustries, Inc., may not pay the cost of medical, hospital treatment, or any other related expense incurred after release from confinement unless such cost is authorized by the Claims Examiner in advance, or the Claims Examiner determines that circumstances warrant the waiver of this requirement. Generally, the payment of such costs is limited to impairment evaluations, or treatments intended to reduce the degree of physical impairment, conducted at the direction of the Claims Examiner. The amount of a payment for medical treatment is limited to reasonable expenses incurred, such as those amounts authorized under the applicable fee schedule established pursuant to 42 U.S.C. 1395w-4 for the Department of Health and Human Services Medicare program. | ||||
| 28:28:2.0.2.1.2.3.119.18 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.318 Civilian compensation laws distinguished. | BOP | The Inmate Accident Compensation system is not obligated to comply with the provisions of any other system of worker's compensation except where stated in this part. Awards made under the provisions of the Inmate Accident Compensation procedure differ from awards made under civilian workmen's compensation laws in that hospitalization is usually completed prior to the inmate's release from the institution and, except for a three-day waiting period, the inmate receives wages while absent from work. Other factors necessarily must be considered that do not enter into the administration of civilian workmen's compensation laws. As in the case of federal employees who allege they have sustained work-related injuries, the burden of proof lies with the claimant to establish that the claimed impairment is causally related to the claimant's work assignment. | |||||
| 28:28:2.0.2.1.2.3.119.19 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.319 Exclusiveness of remedy. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994] | Inmates who are subject to the provisions of these Inmate Accident Compensation regulations are barred from recovery under the Federal Tort Claims Act (28 U.S.C. 2671 et seq. ). Recovery under the Inmate Accident Compensation procedure was declared by the U.S. Supreme Court to be the exclusive remedy in the case of work-related injury. U.S. v. Demko, 385 U.S. 149 (1966). | ||||
| 28:28:2.0.2.1.2.3.119.2 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.302 Work-related death. | BOP | A claim for compensation as the result of work-related death may be filed by a dependent of the deceased inmate up to one year after the inmate's work-related death. The claim shall be submitted directly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. | |||||
| 28:28:2.0.2.1.2.3.119.3 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.303 Time parameters for filing a claim. | BOP | [55 FR 9296, Mar. 12, 1990, as amended at 59 FR 2667, Jan. 18, 1994] | (a) No more than 45 days prior to the date of an inmate's release, but no less than 15 days prior to this date, each inmate who feels that a residual physical impairment exists as a result of an industrial, institution, or other work-related injury shall submit a FPI Form 43, Inmate Claim for Compensation on Account of Work Injury. Assistance will be given the inmate to properly prepare the claim, if the inmate wishes to file. In each case a definite statement shall be made by the claimant as to the impairment caused by the alleged injury. The completed claim form shall be submitted to the Institution Safety Manager or Community Corrections Manager for processing. (b) In the case of an inmate based at a community corrections center who is being transferred to a Bureau of Prisons institution, the Community Corrections Manager shall forward all materials relating to an inmate's work-related injury to the Institution Safety Manager at the particular institution where an inmate is being transferred, for eventual processing by the Safety Manager prior to the inmate's release from that institution. (c) Each claimant shall submit to a medical examination to determine the degree of physical impairment. Refusal, or failure, to submit to such a medical examination shall result in the forfeiture of all rights to compensation. In each case of visible impairment, disfigurement, or loss of member, photographs shall be taken to show the actual condition and shall be transmitted with FPI Form 43. (d) The claim, after completion by the physician conducting the impairment examination, shall be returned to the Institution Safety Manager or Community Corrections Manager for final processing. It shall then be forwarded promptly to the Claims Examiner, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. (e) It is the responsibility of each claimant to advise the Claims Examiner of his or her current address, in writing, at all times during the pendency of a claim for Inmate Accident Compensation. (f) When circu… | ||||
| 28:28:2.0.2.1.2.3.119.4 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.304 Representation of claimant. | BOP | (a) Any person may represent the claimant's interest in any proceeding for determination of a claim under this part, so long as that person is not confined in any federal, state or local correctional facility. Written appointment of a representative, signed by the claimant, must be submitted before the representative's authority to act on behalf of the claimant may be acknowledged. (b) It is not necessary that a claimant employ an attorney or other person to assert a claim or effect collection of an award. Under no circumstances will the assignment of any award be recognized, nor will attorney fees be paid by Federal Prison Industries, Inc. | |||||
| 28:28:2.0.2.1.2.3.119.5 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.305 Initial determination. | BOP | A claim for inmate accident compensation shall be determined by a Claims Examiner under authority delegated by the Board of Directors of Federal Prison Industries, Inc., pursuant to 28 CFR 0.99. In determining the claim, the Claims Examiner will consider all available evidence. Written notice of the determination, including the reasons therefore, together with notification of the right to appeal the determination, shall be mailed to the claimant at the claimant's last known address, or to the claimant's duly appointed representative. | |||||
| 28:28:2.0.2.1.2.3.119.6 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.306 Appeal of determination. | BOP | (a) An Inmate Accident Compensation Committee (hereafter referred to as the “Committee”) shall be appointed by the Chief Operating Officer, Federal Prison Industries, Inc., under authority delegated by the Board of Directors of Federal Prison Industries, Inc., pursuant to 28 CFR 0.99. The Committee shall consist of four members and four alternate members, with any three thereof required to form a quorum for decision-making purposes. (b) Any claimant not satisfied with any decision of the Claims Examiner concerning the amount or right to compensation shall, upon written request made within 30 days after the date of issuance of such determination, or up to 30 days thereafter upon a showing of reasonable cause, be afforded an opportunity for either an in-person hearing before the Committee, or Committee reconsideration of the decision. A claimant may request an in-person hearing or reconsideration by writing to the Inmate Accident Compensation Committee, Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534. (c) Upon receipt of claimant's request, a determination will be made regarding the timeliness of the filing. If the request is timely filed, or if reasonable cause exists to accept the request filed in an untimely manner, the request shall be accepted. Once accepted, a copy of the information upon which the Claims Examiner's initial determination was based shall be mailed to the claimant at the claimant's last known address, or to claimant's duly appointed representative, provided the release of such information is not determined to pose a threat to the safety of the claimant, any other inmate, or staff. | |||||
| 28:28:2.0.2.1.2.3.119.7 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.307 Notice, time and place of committee action. | BOP | (a) Committee action shall ordinarily occur within 60 days of the receipt of claimant's request, except as provided in this section. Notice of the date set for Committee action shall be mailed to the claimant at the claimant's last known address, or to claimant's duly appointed representative. All Committee action shall be conducted at the Central Office of the Bureau of Prisons, 320 First Street NW., Washington, DC 20534. (b) A hearing or reconsideration may be postponed at the option of the Committee, or, if good cause is shown, upon request of the claimant. A claimant may change the request from either hearing to reconsideration or reconsideration to hearing, provided notice of such change is received at least 10 days prior to the previously scheduled action. | |||||
| 28:28:2.0.2.1.2.3.119.8 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.308 Committee reconsideration. | BOP | If the claimant elects to have the Committee reconsider any decision of the Claims Examiner, the claimant may submit documentary evidence which the Committee shall consider in addition to the original record. The Committee must receive evidence no less than 10 days prior to the date of reconsideration, and may request additional documentary evidence from the claimant or any other source. | |||||
| 28:28:2.0.2.1.2.3.119.9 | 28 | Judicial Administration | III | 301 | PART 301—INMATE ACCIDENT COMPENSATION | C | Subpart C—Compensation for Work-Related Physical Impairment or Death | § 301.309 In-person hearing before the committee. | BOP | (a) The appeal shall be considered to have been abandoned if the claimant fails to appear at the time and place set for the hearing and does not, within 10 days after the time set for that hearing, show good cause for failure to appear. (b) In conducting the hearing, the Committee is not bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but may conduct the hearing in such manner as to best ascertain the rights and obligations of the claimant and the government. At such hearing, the claimant shall be afforded an opportunity to present evidence in support of the claim under review. (c) The Committee shall consider all evidence presented by the claimant, and shall, in addition, consider any other evidence as the Committee may determine to be useful in evaluating the claim. Evidence may be presented orally and/or in the form of written statements and exhibits. (d) A representative appointed in accordance with the provisions of this section may make or give, on behalf of the claimant, any request or notice relative to any proceeding before the Committee. A representative shall be entitled to present or elicit evidence or make allegations as to fact and law in any proceeding affecting the claimant and to request information with respect to the claim. Likewise, any request for additional information, or notice to any claimant of any administrative action, determination, or decision, may be sent to the representative of such claimant, and shall have the same force and effect as if it had been sent to the claimant. (e) In order to fully evaluate the claim, the Committee may question the claimant and any witness(es) appearing before the Committee on behalf of the claimant or government. (f) Claimant, or claimant's representative, may question the Committee or any witness(es) appearing before the Committee on behalf of the government, but only on matters determined by the Committee to be relevant to its evaluation of the claim. (g) The hearing shall be recorded, and a co… | |||||
| 29:29:2.1.3.1.2.0.1.1 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.1 General duties. | DOL | (a) It shall be the duty of all carriers, their officers, agents and employees to exert every reasonable effort to make and maintain agreements concerning rates of pay, rules, and working conditions, and to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce or to the operation of any carrier growing out of any disputes between the carrier and the employees thereof. (b) All disputes between a carrier or carriers, and its or their employees shall be considered, and, if possible, decided, with all expedition, in conference between representatives designated and authorized so to confer, respectively, by the carrier or carriers and by the employees thereof interested in the dispute. | |||||||
| 29:29:2.1.3.1.2.0.1.2 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.2 Classes of disputes. | DOL | (a) The disputes between an employee or group of employees and a carrier or carriers growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions, including cases pending and unadjusted on the date of approval of this act (June 21, 1934, 48 Stat. 1185; 45 U.S.C. 151-162), shall be handled in the usual manner up to and including the chief operating officer of the carrier designated to handle such disputes; but, failing to reach an adjustment in this manner, the disputes may be referred by petition of the parties or by either party to the appropriate division of the Adjustment Board with a full statement of the facts and all supporting data bearing upon the disputes. (b) No petition shall be considered by any division of the Board unless the subject matter has been handled in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. | |||||||
| 29:29:2.1.3.1.2.0.1.3 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.3 Organization. | DOL | The National Railroad Adjustment Board was organized as of July 31, 1934, in accordance with the provisions of the Railway Labor Act, approved June 21, 1934. The said Adjustment Board is composed of four Divisions, whose proceedings shall be independent of one another. The First, Second and Third Divisions thereof are each composed of 10 members, and the Fourth Division thereof is composed of 6 members. | |||||||
| 29:29:2.1.3.1.2.0.1.4 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.4 Jurisdiction. | DOL | (a) First Division. The First Division will have jurisdiction over disputes involving train-and yard-service employees of carriers; that is, engineers, firemen, hostlers, and outside hostler helpers, conductors, trainmen, and yard-service employees. (b) Second Division. The Second Division will have jurisdiction over disputes involving machinists, boilermakers, blacksmiths, sheet-metal workers, electrical workers, car men, the helpers and apprentices of all the foregoing, coach cleaners, power-house employees, and railroad-shop laborers. (c) Third Division. The Third Division will have jurisdiction over disputes involving station tower, and telegraph employees, train dispatchers, maintenance-of-way men, clerical employees, freight handlers, express, station, and store employees, signal men, sleeping-car conductors, sleeping-car porters, and maids and dining-car employees. (d) Fourth Division. The Fourth Division will have jurisdiction over disputes involving employees of carriers directly or indirectly engaged in transportation of passengers or property by water, and all other employees of carriers over which jurisdiction is not given to the First, Second, and Third Divisions. | |||||||
| 29:29:2.1.3.1.2.0.1.5 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.5 Form of submission. | DOL | (a) Parties. All parties to the dispute must be stated in each submission. (b) Statement of claim. Under the caption “statement of claims” the petitioner or petitioners must clearly state the particular question upon which an award is desired. (c) Statement of facts. In a “joint statement of facts,” if possible, briefly, but fully set forth the controlling facts involved. In the event of inability to agree upon a “joint statement of facts,” then each party shall show separately the facts as they respectively believe them to be. (d) Position of employees. Under the caption “position of employees” the employees must clearly and briefly set forth all relevant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of employees' position must affirmatively show the same to have been presented to the carrier and made a part of the particular question in dispute. (e) Position of carrier. Under the caption “position of carrier” the carrier must clearly and briefly set forth all relevant, argumentative facts, including all documentary evidence submitted in exhibit form, quoting the agreement or rules involved, if any; and all data submitted in support of carrier's position must affirmatively show the same to have been presented to the employees or duly authorized representative thereof and made a part of the particular question in dispute. (f) Signatures. All submissions must be signed by the parties submitting the same. (g) Ex parte submission. In event of an ex parte submission the same general form of submission is required. The petitioner will serve written notice upon the appropriate Division of the Adjustment Board of intention to file an ex parte submission on a certain date (30 days hence), and at the same time provide the other party with copy of such notice. For the purpose of identification such notice will state the question involved and give a brief description of the dispute. Th… | |||||||
| 29:29:2.1.3.1.2.0.1.6 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.6 General. | DOL | (a) To conserve time and expedite proceedings all parties within the scope of the Adjustment Board should prepare submissions in such manner that the pertinent and related facts and all supporting data bearing upon the dispute will be fully set forth, thus obviating the need of lengthy briefs and unnecessary oral discussions. (b) All submissions shall be typewritten or machine prepared, addressed to the Secretary of the appropriate Division of the Adjustment Board, and fifteen copies thereof filed by the petitioner or petitioners. (c) Parties to a dispute are required to state in all submissions whether or not an oral hearing is desired. | |||||||
| 29:29:2.1.3.1.2.0.1.7 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.7 Hearings. | DOL | (a) Oral hearings will be granted if requested by the parties or either of them and due notice will be given the parties of the time and date of the hearing. (b) The parties are, however, charged with the duty and responsibility of including in their original written submission all known relevant, argumentative facts and documentary evidence. | |||||||
| 29:29:2.1.3.1.2.0.1.8 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.8 Appearances. | DOL | Parties may be heard either in person, by counsel, or by other representatives, as they may respectively elect. | |||||||
| 29:29:2.1.3.1.2.0.1.9 | 29 | Labor | III | 301 | PART 301—RULES OF PROCEDURE | § 301.9 Awards. | DOL | All awards of the Adjustment Board shall be signed by order of the appropriate Division thereof and shall be attested by the signature of its Secretary, as indicated thus: national railroad adjustment board, By Order of_____Division Attest:__________ [Secretary] national railroad adjustment board, | |||||||
| 7:7:5.1.1.1.2.1.9.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | A | Subpart A—Preemption and Special Need Requests | § 301.1 Purpose and scope. | APHIS | (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not impose prohibitions or restrictions upon the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the biological control organism, plant pest, or noxious weed within the United States. The only exceptions to this are: (1) If the prohibitions or restrictions issued by the State or political subdivision of a State are consistent with and do not exceed the regulations or orders issued by the Secretary, or (2) If the State or political subdivision of a State demonstrates to the Secretary and the Secretary finds that there is a special need for additional prohibitions or restrictions based on sound scientific data or a thorough risk assessment. (b) The regulations in this subpart provide for the submission and consideration of special need requests when a State or a political subdivision of a State seeks to impose prohibitions or restrictions on the movement in interstate commerce of articles, means of conveyance, plants, plant products, biological control organisms, plant pests, or noxious weeds that are in addition to the prohibitions or restrictions imposed by this part or by a Federal Order. | |||||
| 7:7:5.1.1.1.2.1.9.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | A | Subpart A—Preemption and Special Need Requests | § 301.1-1 Definitions. | APHIS | Administrator. The Administrator, Animal and Plant Health Inspection Service (APHIS), or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Biological control organism. Any enemy, antagonist, or competitor used to control a plant pest or noxious weed. Interstate commerce. Trade, traffic, or other commerce (1) From one State into or through any other State or (2) Within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Move (moved, movement). Shipped, offered to a common carrier for shipment, received for transportation or transported by a common carrier, or carried, transported, moved or allowed to be moved. Noxious weed. Any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health or the environment. Plant pest. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants. State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States. | |||||
| 7:7:5.1.1.1.2.1.9.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | A | Subpart A—Preemption and Special Need Requests | § 301.1-2 Criteria for special need requests. | APHIS | (a) A special need request, as described in § 301.1, may be generated by a State or a political subdivision of a State. If the request is generated by a political subdivision of a State, the request must be submitted to APHIS through the State. States may also collaborate with other States to submit multi-State special need requests. However, if submitted, the multi-State special need request must include information in sufficient detail to allow APHIS to analyze the impacts on each State on an individual basis. All special need requests must be signed by the executive official or officials or by a plant protection official or officials of the State(s) making the request and must contain the following: (1) Data drawn from a scientifically sound detection survey, showing that the biological control organism, noxious weed, or plant pest of concern does not exist in the State or political subdivision or, if already present in the State or political subdivision, the distribution of the biological control organism, noxious weed, or plant pest of concern; (2) If the biological control organism, noxious weed, or plant pest is not present in the State or political subdivision, a risk analysis or other scientific data showing that the biological control organism, noxious weed, or plant pest could enter the State or political subdivision and become established; (3) Specific information showing that, if introduced into or allowed to spread within the State or political subdivision, the biological control organism, noxious weed, or plant pest would harm or injure the environment or agricultural resources in the State or political subdivision. The request should contain detailed information, including quantitative estimates, if available, about what harm or injury would result from the introduction or dissemination of the biological control organism, noxious weed, or plant pest in the State or political subdivision; (4) Specific information showing that the State or political subdivision has characteristics that make it p… | |||||
| 7:7:5.1.1.1.2.1.9.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | A | Subpart A—Preemption and Special Need Requests | § 301.1-3 Action on special need requests. | APHIS | (a) Upon receipt of a complete special need request submitted in accordance with § 301.1-2, APHIS will publish a notice in the Federal Register to inform the public of the special need request and to make the request and its supporting information available for review and comment for at least 60 days. (b) Following the close of the comment period, APHIS will publish another notice announcing the Administrator's decision to either grant or deny the special need request. The Administrator's determination will be based upon the evaluation of the information submitted by the State or political subdivision of a State in support of its request and would take into account any comments received. (1) If the Administrator grants the special need request, the State or political subdivision of a State will be authorized to impose only the specific prohibitions or restrictions identified in the request and approved by APHIS. APHIS will coordinate with the State, or with the State on behalf of the political subdivision of the State, to ensure that the additional prohibitions or restrictions are in accord with the special need exception granted by the Administrator. (2) If the Administrator denies the special need request, the State or political subdivision of a State will be notified in writing of the reason for the denial and may submit any additional information the State or political subdivision of a State may have in order to request a reconsideration. (c) If granted, a special need exception will be applicable for 2 years, at the end of which the State or political subdivision of a State must submit a request for renewal of the exception. A special need renewal request must address the same criteria as the initial request submitted under § 301.1-2 and must show that a special need still exists that warrants the continuation of the special need exception. The renewal must be submitted no sooner than 6 months and no later than 3 months prior to the end of the 2-year applicability period for the initial exception. Once… | |||||
| 7:7:5.1.1.1.2.11.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55 Restrictions on interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 Any properly identified inspector is authorized, upon probable cause, to stop and inspect persons and means of conveyance moving in interstate commerce and to hold, 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). | |||||
| 7:7:5.1.1.1.2.11.11.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-9 Costs and charges. | APHIS | The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for all costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.11.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-1 Definitions. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80007, Dec. 29, 2022] | Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Cactus plants. Any of various fleshy-stemmed plants of the botanical family Cactaceae. Certificate. A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article is free of South American cactus moth and may be moved interstate to any destination. Compliance agreement. A written agreement between APHIS and a person engaged in growing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.55-4(c). Infestation. The presence of the South American cactus moth or the existence of circumstances that makes it reasonable to believe that the South American cactus moth may be present. Inspector. Any employee of APHIS or other person authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document in which an inspector or person operating under a compliance agreement affirms that the regulated article identified on the document is eligible for interstate movement in accordance with § 301.55-5(b) only to a specified destination and only in accordance with specified conditions. Moved (move, movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partner… | ||||
| 7:7:5.1.1.1.2.11.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-2 Regulated articles. | APHIS | [87 FR 80007, Dec. 29, 2022] | (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-disease-programs/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-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-disease-programs/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 American 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-disease-programs/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. | ||||
| 7:7:5.1.1.1.2.11.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-3 Quarantined areas. | APHIS | [87 FR 80007, Dec. 29, 2022] | (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-and-disease-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 subpart alon… | ||||
| 7:7:5.1.1.1.2.11.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-4 Conditions governing the interstate movement of regulated articles from quarantined areas. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | Any regulated article may be moved interstate from a quarantined area 1 only if moved under the following conditions: 1 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. (a) With a certificate or limited permit issued and attached in accordance with §§ 301.555 and 301.55-8; (b) Without a certificate or limited permit if: (1) The regulated article originated outside the quarantined area and is either moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while moving through the quarantined area; and (2) The point of origin of the regulated article is indicated on the waybill, and the enclosed vehicle or the enclosure that contains the regulated article is not opened, unpacked, or unloaded in the quarantined area; and (3) The regulated article is moved through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs. (c) Without a certificate or limited permit if the regulated articles are cactus pads and fruits for consumption from outside the quarantined area that are being moved in accordance with the protocols described in a compliance agreement (see § 301.55-6(a)) to a commercial food warehouse or distribution center within the quarantined area and the regulated articles remain enclosed by a covering (such as canvas, plastic, or closely woven cloth) adequate to prevent access by South American cactus moths while within the quarantined area: and (d) Without a certificate or limited permit if the regulated article is moved: (1) By the United States Department of Agriculture for experimental or scientific purposes; (2) Pursuant to a departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the departmental permit and found by the Administrator to be adequate to prevent the spread of the South American … | ||||
| 7:7:5.1.1.1.2.11.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-5 Issuance and cancellation of certificates and limited permits. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) An inspector 1 may issue a certificate for the interstate movement of a regulated article if the inspector determines that: 1 Services of an inspector may be requested by contacting local offices of Plant Protection and Quarantine, which are listed in telephone directories. (1) The regulated article to be moved and all other regulated articles on the premises have been grown and maintained indoors in a shadehouse or greenhouse and no other cactus moth host material exists on the premises outside of a shadehouse or greenhouse; (2) The regulated article to be moved and all other regulated articles on the premises are maintained on benches that are kept separate from benches containing non-host material; (3) The regulated article to be moved and all other regulated articles on the premises have been placed on a 21-day insecticide spray cycle and have been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid if maintained in the nursery for longer than 21 days; (4) The regulated article to be moved has been sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to 5 days prior to shipment and inspected and found free of cactus moth egg sticks and larval damage; and (5) If the regulated article was moved into the premises from another premises in a quarantined area listed in § 301.55-3, it was immediately placed inside the shadehouse or greenhouse and sprayed with Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid within 24 hours. (b) An inspector will issue a limited permit for the interstate movement of a regulated article if the inspector determines that: (1) The regulated article is to be moved interstate to a specified destination for specified handling, processing, or utilization (the destination and other conditions to be listed in the limited permit), and this interstate movement will not result in the spread of the South American cactus moth because life stages of the South American … | ||||
| 7:7:5.1.1.1.2.11.11.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-6 Compliance agreements and cancellation. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person is aware of this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement. 1 1 Compliance agreement forms are available without charge from local Plant Protection and Quarantine offices, which are listed in telephone directories. (b) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart or the terms of the compliance agreement. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow. Any person whose compliance agreement has been canceled may appeal the decision, in writing, to the Administrator, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. As promptly as circumstances allow, the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision. A hearing will be held to resolve any conflict as to any material fact. Rules of practice concerning a hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.11.11.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-7 Assembly and inspection of regulated articles. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | (a) Any person (other than a person authorized to issue limited permits under § 301.555(c)) who desires a certificate or limited permit to move a regulated article interstate must request an inspector 1 to examine the articles as far in advance of the desired interstate movement as possible, but no less than 48 hours before the desired interstate movement. 1 See footnote 1 in § 301.55-5. (b) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart. | ||||
| 7:7:5.1.1.1.2.11.11.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | K | Subpart K—South American Cactus Moth | § 301.55-8 Attachment and disposition of certificates and limited permits. | APHIS | (a) A certificate or limited permit required for the interstate movement of a regulated article must, at all times during the interstate movement, be: (1) Attached to the outside of the container containing the regulated article; or (2) Attached to the regulated article itself if not in a container; or (3) Attached to the consignee's copy of the accompanying waybill. If the certificate or limited permit is attached to the consignee's copy of the waybill, the regulated article must be sufficiently described on the certificate or limited permit and on the waybill to identify the regulated article. (b) The certificate or limited permit for the interstate movement of a regulated article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. | |||||
| 7:7:5.1.1.1.2.12.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74 Restrictions on interstate movement of regulated articles. | APHIS | [65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001] | No person may move interstate from any quarantined area any regulated article except in accordance with this subpart. 1 1 Any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, qurantine, treat, apply other remedial measures to, destroy, or otherwise dispose of regulated articles a provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). | ||||
| 7:7:5.1.1.1.2.12.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-1 Definitions. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022] | The following definitions apply to this subpart. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture. Departmental permit. A document issued by the Administrator in which he or she affirms that interstate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for interstate movement in accordance with § 301.74-4. Infestation (infested, infected). The presence of plum pox or circumstances or symptoms that makes it reasonable to believe that plum pox is present. Inspector. Any employee of the Animal and Plant Health Inspection Service, United States Department of Agriculture, or other person authorized by the Administrator to enforce this subpart. Interstate. From any State into or through any other State. Moved (move, movement). Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried. Person. Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity. Plant Protection and Quarantine. Plant Protection and Quarantine, Animal and Plant Health Inspection Service, United States Department of Agriculture. Plum pox. A plant disease caused by plum pox potyvirus that can affect many Prunus (stone fruit) species, including, but not limited to, almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The strain of plum pox in Pennsylvania does not affect cherry trees. 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: liste… | ||||
| 7:7:5.1.1.1.2.12.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-2 Regulated articles. | APHIS | [87 FR 80008, Dec. 29, 2022] | (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 www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/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/ppq-program-overview/sphd. (1) If the Administrator determines that an article not already listed at www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/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 this subpart. | ||||
| 7:7:5.1.1.1.2.12.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-3 Quarantined areas. | APHIS | [87 FR 80008, Dec. 29, 2022] | (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-disease-programs/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 subpart along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, t… | ||||
| 7:7:5.1.1.1.2.12.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-4 Conditions governing the interstate movement of regulated articles from quarantined areas. | APHIS | [74 FR 27073, June 8, 2009, as amended at 87 FR 80009, Dec. 29, 2022] | The interstate movement of any regulated article from a quarantined area 1 is prohibited except when: 1 Requirements under all other applicable Federal domestic plant quarantines and regulations must also be met. (a) The regulated article is moved by the United States Department of Agriculture: (1) For an experimental or scientific purpose; (2) Pursuant to a Departmental permit issued by the Administrator for the regulated article; (3) Under conditions specified on the Departmental permit and found by the Administrator to be adequate to prevent the spread of plum pox; and (4) With a tag or label bearing the number of the Departmental permit issued for the regulated article attached to the outside of the container of the regulated article or attached to the regulated article itself if not in a container; or (b) The regulated article originated outside the quarantined area and: (1) Is moved in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic, or other closely woven cloth) adequate to prevent access by aphids or other transmission agents of plum pox while in the quarantined area; (2) The regulated article's point of origin is indicated on the waybill; and (3) The regulated article must not be uncovered, unpacked, or unloaded while moving through the quarantined area. | ||||
| 7:7:5.1.1.1.2.12.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | L | Subpart L—Plum Pox | § 301.74-5 Compensation. | APHIS | [65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004; 77 FR 5383, Feb. 3, 2012] | (a) Eligibility. The following individuals are eligible to receive compensation from the U.S. Department of Agriculture to mitigate losses or expenses incurred because of the plum pox quarantine and emergency actions: (1) Owners of commercial stone fruit orchards. Owners of commercial stone fruit orchards are eligible to receive compensation for losses associated with the destruction of trees in order to control plum pox pursuant to an emergency action notification issued by the Animal and Plant Health Inspection Service (APHIS). (i) Direct marketers. Orchard owners eligible for compensation under this paragraph who market all fruit they produce under the conditions described in this paragraph may receive compensation at the rates specified in paragraph (b)(1)(i) of this section. In order to be eligible to receive compensation at the rates specified in paragraph (b)(1)(i) of this section, orchard owners must have marketed fruit produced in orchards subsequently destroyed because of plum pox under the following conditions: (A) The fruit must have been sold exclusively at farmers markets or similar outlets that require orchard owners to sell only fruit that they produce; (B) The fruit must not have been marketed wholesale or at reduced prices in bulk to supermarkets or other retail outlets; (C) The fruit must have been marketed directly to consumers; and (D) Orchard owners must have records documenting that they have met the requirements of this section, and must submit those records to APHIS as part of their application submitted in accordance with paragraph (c) of this section. (ii) All other orchard owners. Orchard owners eligible for compensation under this paragraph who do not meet the requirements of paragraph (a)(1)(i) of this section are eligible for compensation only in accordance with paragraph (b)(1)(ii) of this section. (2) Owners of fruit tree nurseries. The owner of a fruit tree nursery will be eligible to receive compensation for net revenue losses associated with the prohibition on… | ||||
| 7:7:5.1.1.1.2.13.11.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-1 Definitions. | APHIS | [55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001; 71 FR 33172, June 8, 2006; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011; 87 FR 80009, Dec. 29, 2022; 88 FR 85470, Dec. 8, 2023] | ACC coverage. The crop insurance coverage against Asiatic citrus canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance Program authorized by the Federal Crop Insurance Corporation. Administrator. The Administrator of the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Budded citrus nursery stock. Liners or rootstock citrus plants that have been grafted with a portion of a stem or branch with a vegetative bud (also known as budwood) that are maintained 1 month after grafting or until the plant reaches marketability. Budded container/greenhouse grown citrus plants. Individual, budded citrus nursery stock maintained in climate-controlled greenhouses in 4-or 6-inch diameter pots until it is sold for commercial use. Budded field grown citrus plants. Individual, budded citrus nursery stock maintained in the fields until it is sold for commercial use. Certificate. An official stamp, form, or other document of the United States Department of Agriculture authorizing the interstate movement of a regulated article from a quarantined area into any area of the United States. Certified citrus nursery stock. Citrus nursery stock, such as trees or plants, grown at a nursery that is in compliance with State certification requirements and approved for producing citrus nursery stock for commercial sale. Citrus canker. A plant disease caused by strains of the bacterium Xanthomonas citri. subsp. citri. Commercial citrus grove. An establishment maintained for the primary purpose of producing citrus fruit for commercial sale. Commercial citrus nursery. An establishment engaged in, but not limited to, the production of certified citrus nursery stock, including plants for planting or replanting in commercial groves or for wholesale or retail sales. Commercial citrus-producing area. Any area designated as … | ||||
| 7:7:5.1.1.1.2.13.11.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-10 Interstate movement of regulated articles through a quarantined area. | APHIS | [55 FR 37452, Sept. 11, 1990, as amended at 87 FR 80010, Dec. 29, 2022] | Any regulated article not produced in a quarantined area may be moved interstate through a quarantined area, without a certificate, limited permit, or Departmental permit, if all of the following conditions are met: (a) The regulated article is accompanied by either: A receipt showing that the regulated article was purchased outside the quarantined area, or a bill of lading stating the location of the premises where the shipment originated, the type and quantity of regulated articles being moved interstate, and the date the interstate movement began. (b) The regulated article is moved through the quarantined area without being unloaded, and no regulated article, except regulated fruit that qualifies for interstate movement from the quarantined area in accordance with § 301.75-7, is added to the shipment in the quarantined area. (c) The regulated article is completely covered, or enclosed in containers or in a compartment of a vehicle, during movement through the quarantined area, except that, covering or enclosure is not required if the regulated article is moved through the quarantined area without stopping, except for refueling or for traffic conditions, such as traffic lights or stop signs. | ||||
| 7:7:5.1.1.1.2.13.11.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-11 [Reserved] | APHIS | ||||||
| 7:7:5.1.1.1.2.13.11.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-12 Certificates and limited permits. | APHIS | [55 FR 37453, Sept. 11, 1990, as amended at 72 FR 13428, Mar. 22, 2007; 74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] | (a) Issuance and withdrawal. (1) Certificates and limited permits may be issued for the interstate movement of regulated articles only by an inspector or by persons operating under a compliance agreement. (2) A certificate or limited permit may be withdrawn by an inspector if the inspector determines that any of the applicable requirements of this subpart have not been met. The decision of the inspector and the reason for the withdrawal must be confirmed in writing as promptly as circumstances allow. Any person whose certificate or limited permit is withdrawn may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the certificate or limited permit was wrongfully withdrawn. The Administrator must grant or deny the appeal in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. (b) Attachment and disposition. (1) Except as provided in § 301.75-6(b)(8) for kumquat plants, or in § 301.75-6(c)(4) through (c)(5) for any regulated nursery stock, certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to one of the following: (i) The outside of the regulated article, if the regulated article is not packed in a container, or (ii) The outside of the container in which the regulated article is packed, or (iii) The consignee's copy of the accompanying waybill, but only if the regulated article is described on the certificate, limited permit, or waybill in a way that allows the regulated article to be identified. (2) Certificates and limited permits accompanying regulated articles interstate must be given to the consignee at the point of destination. | ||||
| 7:7:5.1.1.1.2.13.11.13 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-13 Compliance agreements. | APHIS | [55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023] | (a) Eligibility. Any person engaged in the business of growing or handling regulated articles for interstate movement may enter into a compliance agreement with the Animal and Plant Health Inspection Service to facilitate the interstate movement of regulated articles in accordance with this subpart. Compliance agreements may be arranged by contacting a local office of Plant Protection and Quarantine, Animal and Plant Health Inspection Service (listed in local telephone directories), or by contacting the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. (b) Cancellation. Any compliance agreement may be cancelled orally or in writing by an inspector if the inspector finds that the person who entered into the compliance agreement has failed to comply with this subpart, or any term or condition of the compliance agreement itself. If the person is given notice of cancellation orally, written confirmation of the decision and the reasons for it must be provided as promptly as circumstances allow. Any person whose compliance agreement is cancelled may appeal the decision in writing to the Administrator within 10 days after receiving the written notification. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully cancelled. The Administrator must grant or deny the appeal, in writing, stating the reasons for the decision, as promptly as circumstances allow. If there is a conflict as to any material fact, a hearing will be held to resolve the conflict. Rules of practice concerning the hearing will be adopted by the Administrator. | ||||
| 7:7:5.1.1.1.2.13.11.14 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-14 Costs and charges. | APHIS | [50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 1990] | The services of the inspector shall be furnished without cost. The United States Department of Agriculture will not be responsible for any costs or charges incident to inspections or compliance with the provisions in this subpart, other than for the services of the inspector. | ||||
| 7:7:5.1.1.1.2.13.11.15 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-15 Funds for the replacement of commercial citrus trees. | APHIS | [65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001] | Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees in accordance with the provisions of this section. (a) Eligibility. The owner of a commercial citrus grove may be eligible to receive funds to replace commercial citrus trees removed to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Tree replacement payments. The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive funds to replace commercial citrus trees will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment of $26 per tree up to the following per-acre maximum payments: (c) How to apply for tree replacement funds. The form necessary to apply for funds to replace commercial citrus trees may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Tree Replacement Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for trees destroyed on or before October 16, 2000, must have been received on or before December 15, 2000. Claims for trees destroyed after October 16, 2000, must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Administrator. However, any request for consideration of a l… | ||||
| 7:7:5.1.1.1.2.13.11.16 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-16 Payments for the recovery of lost production income. | APHIS | [66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001; 71 FR 33172, June 8, 2006] | Subject to the availability of appropriated funds, the owner of a commercial citrus grove may be eligible to receive payments in accordance with the provisions of this section to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker. (a) Eligibility. The owner of a commercial citrus grove may be eligible to receive payments to recover income from production that was lost as the result of the removal of commercial citrus trees to control citrus canker if the trees were removed pursuant to a public order between 1986 and 1990 or on or after September 28, 1995. (b) Calculation of payments. (1) The owner of a commercial citrus grove who is eligible under paragraph (a) of this section to receive payments to recover lost production income will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates: (2) Payment adjustments. (i) In cases where the owner of a commercial citrus grove had obtained ACC coverage for trees in his or her grove and received crop insurance payments following the destruction of the insured trees, the payment provided for under paragraph (b)(1) of this section will be reduced by the total amount of the crop insurance payments received by the commercial citrus grove's owner for the insured trees. (ii) In cases where ACC coverage was available for trees in a commercial citrus grove but the owner of the grove had not obtained ACC coverage for his or her insurable trees, the per-acre payment provided for under paragraph (b)(1) of this section will be reduced by 5 percent. (c) How to apply for lost production payments. The form necessary to apply for lost production payments may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public… | ||||
| 7:7:5.1.1.1.2.13.11.17 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-17 Funds for the replacement of certified citrus nursery stock. | APHIS | [71 FR 33172, June 8, 2006] | Subject to the availability of appropriated funds, a commercial citrus nursery may be eligible to receive funds to replace certified citrus nursery stock in accordance with the provisions of this section. (a) Eligibility. A commercial citrus nursery may be eligible to receive funds to replace certified citrus nursery stock removed to control citrus canker if the nursery stock was removed pursuant to a public order after September 30, 2001, and before January 10, 2006. (b) Certified citrus nursery stock payments. A commercial citrus nursery that is eligible under paragraph (a) of this section to receive funds to replace certified citrus nursery stock will, upon approval of an application submitted in accordance with paragraph (c) of this section, receive a payment calculated using the following rates: (c) How to apply for certified nursery stock replacement funds. The form necessary to apply for funds to replace certified nursery stock may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and type of the certified nursery stock removed. If the certified nursery stock was planted in pots, the inventory should specify the size of the container. If the certified nursery stock was bare root plants or in a temporary container, the inventory should specify whether the plant was non-budded or budded. The completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Compensation, 10300 Sunset Dr., Suite 150, Miami, FL 33173. Claims for certified nursery stock must be received by August 7, 2006. | ||||
| 7:7:5.1.1.1.2.13.11.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-2 General prohibitions. | APHIS | [55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990; 72 FR 13427, Mar. 22, 2007] | (a) Regulated articles may not be moved interstate from a quarantined area except in accordance with a protocol in §§ 301.75-6, 301.75-7, or 301.75-8, or in accordance with § 301.75-4 if less than an entire State is designated as a quarantined area. Regulated articles may be moved in accordance with the regulations in § 301.75-9 for scientific or experimental purposes only. (b) Regulated articles moved from a quarantined area with a limited permit may not be moved interstate into any commercial citrus-producing area, except as follows: The regulated articles may be moved through a commercial citrus-producing area if they are covered, or enclosed in containers or in a compartment of a vehicle, while in the commercial citrus-producing area, and are not unloaded in the commercial citrus-producing area without the permission of an inspector. (c) Regulated articles moved interstate with a limited permit to an area of the United States that is not a commercial citrus-producing area may not subsequently be moved interstate into any commercial citrus-producing area. | ||||
| 7:7:5.1.1.1.2.13.11.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-3 Regulated articles. | APHIS | [87 FR 80009, Dec. 29, 2022] | (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-and-disease-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-disease-programs/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. | ||||
| 7:7:5.1.1.1.2.13.11.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-4 Quarantined areas. | APHIS | [87 FR 80009, Dec. 29, 2022] | (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-disease-programs/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-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) 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 a… | ||||
| 7:7:5.1.1.1.2.13.11.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-5 Commercial citrus-producing areas. | APHIS | [50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986, as amended at 53 FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 FR 37450, Sept. 11, 1990; 88 FR 85470, Dec. 8, 2023] | (a) The areas as shown in the following table are designated as commercial citrus-producing areas: Table 1 to Paragraph ( a ) (b) The list in paragraph (a) of this section is intended to include jurisdictions which have commercial citrus-producing areas. Less than an entire State may be designated as a commercial citrus-producing area only if the Administrator determines that the area not included as a commercial citrus-producing area does not contain commercial citrus plantings; that the State has adopted and is enforcing a prohibition on the intrastate movement from areas not designated as commercial citrus-producing areas to commercial citrus-producing areas of fruit which are designated as regulated articles and which were moved interstate from a quarantined State pursuant to a limited permit; and that the designation of less than the entire State as a commercial citrus-producing area will otherwise be adequate to prevent the interstate spread of citrus canker. | ||||
| 7:7:5.1.1.1.2.13.11.6 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-6 Interstate movement of regulated nursery stock from a quarantined area. | APHIS | [72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8 2023] | (a) Regulated nursery stock may not be moved interstate from a quarantined area unless such movement is authorized in this section. (b) Kumquat ( Fortunella spp.) plants, with or without fruit attached, may be moved interstate from a quarantined area into any area of the United States except commercial citrus-producing areas if all of the following conditions are met: (1) The plants are own-root-only and have not been grafted or budded; (2) The plants are started, are grown, and have been maintained solely at the nursery from which they will be moved interstate. (3) If the plants are not grown from seed, then the cuttings used for propagation of the plants are taken from plants located on the same nursery premises or from another nursery that is eligible to produce kumquat plants for interstate movement under the requirements of this paragraph (b). Cuttings may not be obtained from properties where citrus canker is present. (4) All citrus plants at the nursery premises have undergone State inspection and have been found to be free of citrus canker no less than three times. The inspections must be at intervals of 30 to 45 days, with the most recent inspection being within 30 days of the date on which the plants are removed and packed for shipment. (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, or related services in the nursery must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. All personnel who enter the nursery to provide these services must be treated in accordance with part 305 of this chapter before entering the nursery to prevent the introduction of citrus canker. (6) If citrus canker is found in the nursery, all regulated plants and plant material must be removed from the nursery and all areas of the nursery's facilities where plants are grown and all associated equipment and tools used at the nursery must be treated in accordance with part 305 of this chapter in order for t… | ||||
| 7:7:5.1.1.1.2.13.11.7 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-7 Interstate movement of regulated fruit from a quarantined area. | APHIS | [74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010; 88 FR 85470, Dec. 8, 2023] | (a) Regulated fruit produced in a quarantined area or moved into a quarantined area for packing may be moved interstate with a certificate issued and attached in accordance with § 301.75-12 if all of the following conditions are met: (1) The regulated fruit was packed in a commercial packinghouse whose owner or operator has entered into a compliance agreement with APHIS in accordance with § 301.75-13. (2) The regulated fruit was treated in accordance with part 305 of this chapter. (3) The regulated fruit is free of leaves, twigs, and other plant parts, except for stems that are less than 1 inch long and attached to the fruit. (4) If the fruit is repackaged after being packed in a commercial packinghouse and before it is moved interstate from the quarantined area, the person that repackages the fruit must enter into a compliance agreement with APHIS in accordance with § 301.75-13 and issue and attach a certificate for the interstate movement of the fruit in accordance with § 301.75-12. (b) Regulated fruit that is not eligible for movement under paragraph (a) of this section may be moved interstate only for immediate export. The regulated fruit must be accompanied by a limited permit issued in accordance with § 301.75-12 and must be moved in a container sealed by APHIS directly to the port of export in accordance with the conditions of the limited permit. | ||||
| 7:7:5.1.1.1.2.13.11.8 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-8 Interstate movement of regulated seed from a quarantined area. | APHIS | [55 FR 37452, Sept. 11, 1990, as amended at 75 FR 4240, Jan. 26, 2010; 87 FR 80010, Dec. 29, 2022] | Regulated seed may be moved interstate from a quarantined area into any area of the United States if all of the following conditions are met: (a) During the 2 years before the interstate movement, no plants or plant parts infected with or exposed to citrus canker were found in the grove or nursery producing the fruit from which the regulated seed was extracted. (b) The regulated seed was treated in accordance with part 305 of this chapter. (c) The regulated seed is accompanied by a certificate issued in accordance with § 301.75-12. | ||||
| 7:7:5.1.1.1.2.13.11.9 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | M | Subpart M—Citrus Canker | § 301.75-9 Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes. | APHIS | [50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, Sept. 11, 1990] | A regulated article may be moved interstate from a quarantined area if: (a) Moved by the United States Department of Agriculture for experimental or scientific purposes; (b) Moved pursuant to a Departmental permit issued for such article by the Administrator; (c) Moved in accordance with conditions specified on the Departmental permit and determined by the Administrator to be adequate to prevent the spread of citrus canker, i.e., conditions of treatment, processing, growing, shipment, disposal; and (d) Moved with a Departmental tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, with such tag or label bearing a Departmental permit number corresponding to the number of the Departmental permit issued for such article. | ||||
| 7:7:5.1.1.1.2.14.12.1 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76 Restrictions on the interstate movement of regulated articles. | APHIS | No person may move interstate from any quarantined area any articles regulated for citrus greening and Asian citrus psyllid, except in accordance with this subpart. 1 1 In order to enforce this section, any properly identified inspector is authorized to stop and inspect persons and means of conveyance and to seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of host articles as provided in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754). | |||||
| 7:7:5.1.1.1.2.14.12.10 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-9 Inspection of regulated nursery stock. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 2011; 77 FR 59712, Oct. 1, 2012; 87 FR 80011, Dec. 29, 2022] | All nursery stock intended for interstate movement for immediate export from an area quarantined for citrus greening, must be inspected by an inspector 1 no more than 72 hours prior to movement. The person who desires to move the articles interstate must notify the inspector as far in advance of the desired interstate movement as possible. The articles must be inspected at the place and in the manner the inspector designates as necessary to comply with this subpart. If the inspector has reason to believe that the interstate movement of the articles may lead to the artificial spread of citrus greening or Asian citrus psyllid, he or she may deny issuance of a limited permit for interstate movement of the article or take other remedial measures to prohibit such spread. 1 Inspectors are assigned to local offices of APHIS, which are listed in local telephone directories. Information concerning local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, MD 20737-1236. | ||||
| 7:7:5.1.1.1.2.14.12.11 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-10 Attachment and disposition of certificates and limited permits. | APHIS | (a) A certificate or limited permit required for the interstate movement of a regulated article, or a copy thereof, must, at all times during the interstate movement, be: (1) Attached to or legibly printed on the outside of the container containing the regulated article or attached to the regulated article itself, if the article is not packed in a container; and (2) Attached to or legibly printed on the sealed container in which the article is shipped; and (3) Attached to the consignee's copy of the accompanying waybill. The host article must be sufficiently described on the certificate or limited permit and on the waybill to identify the article. (b) The certificate or limited permit for the interstate movement of a host article must be furnished by the carrier or the carrier's representative to the consignee listed on the certificate or limited permit upon arrival at the location provided on the certificate or limited permit. | |||||
| 7:7:5.1.1.1.2.14.12.12 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-11 Costs and charges. | APHIS | The services of the inspector during normal business hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays) will be furnished without cost. APHIS will not be responsible for any costs or charges incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart, other than for the services of the inspector. | |||||
| 7:7:5.1.1.1.2.14.12.2 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-1 Definitions. | APHIS | [75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012; 87 FR 80010, Dec. 29, 2022] | Administrator. The Administrator of the Animal and Plant Health Inspection Service or any individual authorized to act for the Administrator. Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection Service of the United States Department of Agriculture. Asian citrus psyllid. The insect known as Asian citrus psyllid ( Diaphorina citri Kuwayama) in any stage of development. Certificate. A document, stamp, or other means of identification approved by APHIS and issued by an inspector or person operating under a compliance agreement when he or she finds that, because of certain conditions, a regulated article can be moved safely from an area quarantined for Asian citrus psyllid and/or citrus greening without spreading the psyllid or the disease. Citrus greening. A plant disease, also commonly referred to as Huanglongbing disease of citrus, that is caused by several strains of the uncultured, phloem-limited bacterial pathogen “ Candidatus Liberibacter asiaticus”. Commercial citrus grove. A solid-set planting of trees maintained for the primary purpose of producing citrus fruit for commercial sale. Compliance agreement. A written agreement between APHIS and a person engaged in the business of growing, maintaining, processing, handling, packing, or moving regulated articles for interstate movement, in which the person agrees to comply with this subpart. For the purposes of this subpart, a memorandum of understanding is considered a compliance agreement. EPA. The U.S. Environmental Protection Agency. Established population. Presence of Asian citrus psyllid within an area that the Administrator determines is likely to persist for the foreseeable future. Inspector. An individual authorized by the Administrator to perform the duties required under this subpart. Interstate. From any State into or through any other State. Limited permit. A document issued by an inspector or person operating under a compliance agreement to allow the interstate movement of regulated art… | ||||
| 7:7:5.1.1.1.2.14.12.3 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-2 Regulated articles for Asian citrus psyllid and citrus greening. | APHIS | [87 FR 80010, Dec. 29, 2022] | (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-disease-programs/pests-and-diseases/citrus/acp and www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-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-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-disease-programs/pests-and-diseases/citrus/acpand/ or www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/citrus/citrus-greeningpresentsariskofspreadingAsiancitruspsyllidand/ 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… | ||||
| 7:7:5.1.1.1.2.14.12.4 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid. | APHIS | (a) The Administrator will designate an area as a quarantined area for citrus greening or as a quarantined area for Asian citrus psyllid in accordance with the criteria listed in paragraph (c) of this section. The Administrator will publish a description of all areas quarantined for citrus greening or Asian citrus psyllid on the Plant Protection and Quarantine (PPQ) Web site: ( http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml ). The description of each quarantined area will include the date the description was last updated and a description of any changes that have been made to the quarantined area. 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 ( http://www.aphis.usda.gov/services/report_pest_disease/report_pest_disease.shtml ). After a change is made to the description of quarantined areas, we will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. (b) Designation of an area less than an entire State as a quarantined area. Less than an entire State will be designated as a quarantined area for citrus greening or the Asian citrus psyllid 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 the entire State as a quarantined area will prevent the interstate spread of citrus greening or Asian citrus psyllid. (c) Criteria for designation of a State, or a portion of a State, as a quarantined area for citrus greening or Asian citrus psyllid. (1) A State, or portion of a State, will be designated as a quarantined area for citrus greening when the presence of citrus greening is confirmed within the area by an APHIS-administered test. (2) A… | |||||
| 7:7:5.1.1.1.2.14.12.5 | 7 | Agriculture | III | 301 | PART 301—DOMESTIC QUARANTINE NOTICES | N | Subpart N—Citrus Greening and Asian Citrus Psyllid | § 301.76-4 Labeling requirements for regulated nursery stock produced within an area quarantined for citrus greening. | APHIS | [75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011] | (a) Effective September 15, 2010, except as provided in paragraphs (b) and (c) of this section, all regulated nursery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-approved plastic or metal tag on which a statement alerting consumers to Federal prohibitions regarding the interstate movement of the article is prominently and legibly displayed. Alternatively, if the article is destined for commercial sale in a box or container, the statement may be printed on the box or container, or printed on a label permanently affixed to the box or container, provided that, in either case, the statement is prominently and legibly displayed. The operator of the site of propagation of the nursery stock and the person offering the plants for commercial sale are jointly responsible for all such labeling. (b) Nursery stock produced within a quarantined area for planting in a commercial citrus grove within that same area and moved directly to that grove, without movement outside of the quarantined area, may be moved without being labeled in accordance with paragraph (a) of this section. (c) Nursery stock that will be moved interstate in accordance with § 301.76-7 may be moved without being labeled in accordance with paragraph (a) of this section. |
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