§ 301.92-3 Quarantined areas and regulated establishments.

(a)

Quarantined areas.

(1) Except as otherwise provided in paragraph (a)(2) of this section, the Administrator will designate as a quarantined area each State or portion of a State in which

Phytophthora ramorum

has been confirmed by an inspector to be established in the natural environment, in which the Administrator has reason to believe that

Phytophthora ramorum

is present in the natural environment, or that the Administrator considers it necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which

Phytophthora ramorum

has been found in the natural environment. The Administrator will publish a list of all quarantined areas (the quarantine list) on the PPQ website at

www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/phytophthora-ramorum/sod

. The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local office of PPQ; local offices are listed in telephone directories and on the internet at

www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd

. After a change is made to the list of quarantined areas, APHIS will publish a notice in the

Federal Register

informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

et at

www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd

. After a change is made to the list of quarantined areas, APHIS will publish a notice in the

Federal Register

informing the public that the change has occurred and describing the change to the quarantined areas. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

(i) The State has adopted and is enforcing restrictions on the intrastate movement of regulated, restricted, and associated articles that are substantially the same as those imposed by this subpart on the interstate movement of regulated, restricted, and associated articles; and

(ii) The designation of less than the entire State as a quarantined area will prevent the interstate spread of

Phytophthora ramorum

.

(2) The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria in paragraph (a)(1) of this section. The Administrator or the inspector will give a copy of this subpart along with a written notice for the temporary designation to the owner or person in possession of the nonquarantined area. Thereafter, the interstate movement of any regulated, restricted, or associated article from the area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the quarantine list or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.

sociated article from the area temporarily designated as a quarantined area will be subject to this subpart. As soon as practicable, this area will be added to the quarantine list or the designation will be terminated by the Administrator or an inspector. The owner or person in possession of an area for which designation is terminated will be given notice of the termination as soon as practicable.

(b)

Regulated establishments

—(1)

Designation.

The Administrator will designate a nursery that is not located in a quarantined area for

Phytophthora ramorum

as a regulated establishment for

Phytophthora ramorum

if the nursery ships regulated, restricted, or associated articles interstate and sources of

Phytophthora ramorum

are detected on nursery stock, or in soil, growing media, pots used for nursery stock, standing water, drainage water, water used for irrigation, or any other regulated, restricted, or associated articles at the nursery.

(2)

Deregulation.

The Administrator will withdraw regulation of a regulated establishment if, for 3 consecutive years, each time the nursery is inspected by an inspector, it is found free of sources of

Phytophthora ramorum

inoculum.

(Approved by the Office of Management and Budget under control number 0579-0310)

[84 FR 16193, Apr. 18, 2019, as amended at 87 FR 80019, Dec. 29, 2022]