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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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| 44:44:1.0.1.6.90.0.10.1 | 44 | Emergency Management and Assistance | I | F | 360 | PART 360—STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT | § 360.1 Purpose. | FEMA | The Emergency Management Training Program is designed to enhance the States' emergency management training program to increase State capabilities and those of local governments in this field, as well as to give States the opportunity to develop new capabilities and techniques. The Program is an ongoing intergovernmental endeavor which combines financial and human resources to fill the unique training needs of local government, State emergency staffs and State agencies, as well as the general public. States will have the opportunity to develop, implement and evaluate various approaches to accomplish FEMA emergency objectives as well as goals and objectives of their own. The intended result is an enhanced capability to protect lives and property through planning, mitigation, operational skill, and rapid response in case of disaster or attack on this country. | ||||||
| 44:44:1.0.1.6.90.0.10.2 | 44 | Emergency Management and Assistance | I | F | 360 | PART 360—STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT | § 360.2 Description of program. | FEMA | [46 FR 1271, Jan. 6, 1981, as amended at 48 FR 9646, Mar. 8, 1983] | (a) The program is designed for all States regardless of their present level of involvement in training or their degree of expertise in originating and presenting training courses in the past. The needs of individual States, difference in numbers to be trained, and levels of sophistication in any previous training program have been recognized. It is thus believed that all States are best able to meet their own unique situations and those of local government by being given this opportunity and flexibility. (b) Each State is asked to submit an acceptable application, to be accompanied by a Training and Education (T&E) plan for a total of three years, only the first year of which will be required to be detailed. The remaining two year program should be presented in terms of ongoing training objectives and programs. In the first year plan applicants shall delineate their objectives in training and education, including a description of the programs to be offered, and identify the audiences and numbers to be trained. Additionally, the State is asked to note the month in which the activity is to be presented, the location, and cost estimates including instructional costs and participant's travel and per diem. These specifics of date, place, and costs will be required for the first year of any three year plan. A three year plan will be submitted each year with an application. Each negotiated agreement will include a section of required training (Radiological Defense), and a section including optional courses to be conducted in response to State and local needs. (c) FEMA support to the States in their training program for State and local officials, has been designed around three Program elements. Each activity listed in the State Training and Education (T&E) Plan will be derived from the following three elements: (1) Government Conducted Courses: Such courses require the least capability on the part of the State. They are usually conducted through provisions in a FEMA Regional Support Contract and/or FEMA or other Fe… | |||||
| 44:44:1.0.1.6.90.0.10.3 | 44 | Emergency Management and Assistance | I | F | 360 | PART 360—STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT | § 360.3 Eligible applicants. | FEMA | Each of the 50 States, independent commonwealths, and territories is eligible to participate in a State Cooperative Agreement with FEMA. The department, division, or agency of the State government assigned the responsibility for State training in comprehensive emergency management should file the application. | ||||||
| 44:44:1.0.1.6.90.0.10.4 | 44 | Emergency Management and Assistance | I | F | 360 | PART 360—STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT | § 360.4 Administrative procedures. | FEMA | [46 FR 1271, Jan. 6, 1981, as amended at 79 FR 76088, Dec. 19, 2014] | (a) Award. Each State desiring to participate will negotiate the amount of financial support for the training and education program. Deciding factors will be the scope of the program, a prudent budget, the number of individuals to be trained, and variety of audiences included which are in need of training. All these factors are part of the required application as discussed in § 360.2. (b) Period of agreement. Agreements will be negotiated annually and will be in effect for a period of 12 months. Each agreement, however, will include a scope of work for three years as reflected in § 360.2(b) to give continuity to the total training and education program. (c) Submission procedure. Each State applicant shall comply with the following procedures: (1) Issuance of a request for application: Each State emergency management agency will receive a Request for Application Package from the State's respective FEMA Regional Administrator. (2) How to submit: Each State shall submit the completed application package to the Regional Administrator of the Appropriate Region. (3) Application package: The Application Package should include: (i) A transmittal letter signed by the State Director of the agency tasked with emergency management responsibilities for that State. (ii) A three year projected training and education scope of work including both “required” training and “optional” courses. The first of the projected three year program is to be detailed as to list of courses, description of training to be offered, audiences to be reached and numbers to be trained. Dates and locations of training as well as costs of delivery and student travel and per diem are to be estimated. Special instructions for this portion of the submittal will be included in the Application Package. (iii) Standard Form 270 “Request for Advance or Reimbursement” as required by 2 CFR parts 200 and 3002 and FEMA General Provisions for Cooperative Agreements. (d) Reporting agreements. Recipients of State Agreement benefits will report qu… | |||||
| 44:44:1.0.1.6.90.0.10.5 | 44 | Emergency Management and Assistance | I | F | 360 | PART 360—STATE ASSISTANCE PROGRAMS FOR TRAINING AND EDUCATION IN COMPREHENSIVE EMERGENCY MANAGEMENT | § 360.5 General provisions for State Cooperative Agreement. | FEMA | The legal funding instrument for the State Assistance Program for Training and Education FEMA is the State Cooperative Agreement. All States will be required to comply with FEMA General Provisions for the State Cooperative Agreement. The General Provisions for the State Cooperative Agreement will be provided to the States as part of the Request for Application package. The General Provisions will become part of the Cooperative Agreement. | ||||||
| 49:49:5.1.1.2.6.0.1.1 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.1 Fees for registration-related services. | FHWA | [80 FR 63702, Oct. 21, 2015, as amended at 83 FR 48725, Sept. 27, 2018] | Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Administration (FMCSA) will be furnished on the following basis, pursuant to USDOT Freedom of Information Act regulations at 49 CFR part 7: (a) Certificate of the Director, Office of Management Information and Services, as to the authenticity of documents, $12; (b) Service involved in locating records to be certified and determining their authenticity, including clerical and administrative work, at the rate of $21 per hour; (c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5 will be made for this service; and (d) Search and copying services requiring information technology (IT), as follows: (1) A fee of $50 per hour for professional staff time will be charged when it is required to fulfill a request for electronic data. (2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Management Information and Services (MC-MM). (3) Printing will be charged at the rate of $.10 per page of computer-generated output with a minimum charge of $1. There will also be a charge for the media provided ( e.g., CD ROMs) based on the Agency's costs for such media. (e) Exception. No fee shall be charged under this section to the following entities: (1) Any Agency of the Federal Government or a State government or any political subdivision of any such government for access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or (2) Any representative of a motor carrier, motor private carrier, broker, or freight forwarder (as each is defined in 49 U.S.C. 13102) for the access to or retrieval of the information related to such entity from the Unified Carrier Registration System for the individual use of such entity. | |||||
| 49:49:5.1.1.2.6.0.1.2 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.1T Fees for registration-related services. | FHWA | [82 FR 5297, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018; 83 FR 48725, Sept. 27, 2018] | Certifications and copies of public records and documents on file with the Federal Motor Carrier Safety Administration will be furnished on the following basis, pursuant to the Freedom of Information Act regulations at 49 CFR part 7: (a) Certificate of the Director, Office of Management Information and Services, as to the authenticity of documents, $9.00; (b) Service involved in checking records to be certified to determine authenticity, including clerical work, etc., incidental thereto, at the rate of $16.00 per hour; (c) Copies of the public documents, at the rate of $.80 per letter size or legal size exposure. A minimum charge of $5.00 will be made for this service; and (d) Search and copying services requiring ADP processing, as follows: (1) A fee of $42.00 per hour for professional staff time will be charged when it is required to fulfill a request for ADP data. (2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Management Information and Services (MC-MM). (3) Printing shall be charged at the rate of $.10 per page of computer generated output with a minimum charge of $.25. A charge of $30 per reel of magnetic tape will be made if the tape is to be permanently retained by the requestor. | |||||
| 49:49:5.1.1.2.6.0.1.3 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.2 [Reserved] | FHWA | |||||||
| 49:49:5.1.1.2.6.0.1.4 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.3 Filing fees. | FHWA | [80 FR 63702, Oct. 21, 2015, as amended at 87 FR 59035, Sept. 29, 2022] | (a) Manner of payment. (1) Except for the insurance fees described in the next sentence, all filing fees must be paid at the time the application, petition, or other document is electronically filed. The service fee for insurance, surety or self-insurer accepted certificate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must be charged to an insurance service account established by FMCSA in accordance with paragraph (a)(2) of this section. (2) Billing account procedure. A request must be submitted to the Office of Registration and Safety Information (MC-RS) at http://www.fmcsa.dot.gov to establish an insurance service fee account. (i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account that has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 31 CFR 901.9. (ii) The Federal Claims Collection Standards, including disclosure to consumer reporting agencies and the use of collection agencies, as set forth in 31 CFR part 901, will be utilized to encourage payment where appropriate. (iii) An account holder who files a petition for bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Registration and Safety Information (MC-RS) at http://www.fmcsa.dot.gov: (A) The filing date of the bankruptcy petition; (B) The court in which the bankruptcy petition was filed; (C) The type of bankruptcy proceeding; (D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and (E) The name, address, and telephone number of the bankruptcy tr… | |||||
| 49:49:5.1.1.2.6.0.1.5 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.3T Filing fees. | FHWA | [82 FR 5297, Jan. 17, 2017, as amended at 83 FR 22873, May 17, 2018; 87 FR 59035, Sept. 29, 2022] | (a) Manner of payment. (1) Except for the insurance fees described in the next sentence, all filing fees will be payable at the time and place the application, petition, or other document is tendered for filing. The service fee for insurance, surety or self-insurer accepted certificate of insurance, surety bond or other instrument submitted in lieu of a broker surety bond must be charged to an insurance service account established by the Federal Motor Carrier Safety Administration in accordance with paragraph (a)(2) of this section. (2) Billing account procedure. A written request must be submitted to the Office of Registration and Safety Information (MC-RS) to establish an insurance service fee account. (i) Each account will have a specific billing date within each month and a billing cycle. The billing date is the date that the bill is prepared and printed. The billing cycle is the period between the billing date in one month and the billing date in the next month. A bill for each account which has activity or an unpaid balance during the billing cycle will be sent on the billing date each month. Payment will be due 20 days from the billing date. Payments received before the next billing date are applied to the account. Interest will accrue in accordance with 4 CFR 102.13. (ii) The Debt Collection Act of 1982, including disclosure to the consumer reporting agencies and the use of collection agencies, as set forth in 4 CFR 102.5 and 102.6 will be utilized to encourage payment where appropriate. (iii) An account holder who files a petition in bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Registration and Safety Information (MC-RS): (A) The filing date of the bankruptcy petition; (B) The court in which the bankruptcy petition was filed; (C) The type of bankruptcy proceeding; (D) The name, address, and telephone number of its representative in the bankruptcy proceeding; and (E) The name, address, and telephone number of the bankruptc… | |||||
| 49:49:5.1.1.2.6.0.1.6 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.4 [Reserved] | FHWA | |||||||
| 49:49:5.1.1.2.6.0.1.7 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.5 Updating user fees. | FHWA | (a) Update. Each fee established in this subpart may be updated, as deemed necessary by FMCSA. (b) Publication and effective dates. Notice of updated fees shall be published in the Federal Register and shall become effective 30 days after publication. (c) Payment of fees. Any person submitting a filing for which a filing fee is established must pay the fee applicable on the date of the filing or request for services. (d) Method of updating fees. Each fee shall be updated by updating the cost components comprising the fee. However, fees shall not exceed the maximum amounts established by law. Cost components shall be updated as follows: (1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employees. Base level direct labor costs are direct labor costs determined by the cost study in Regulations Governing Fees For Service, 1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for measuring changes shall be April 1984 or the year of the last cost study. (2) Operations overhead shall be developed on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead shall be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs. (3)(i) Office general and administrative costs shall be developed on the basis of current levels costs, i.e., dividing actual office general and administrative costs for the current fiscal year by total office costs for the office directly associated with user fee activity. Actual updating of office general and administrative costs shall be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs. (ii) The FMCSA general and administrative costs shall be… | ||||||
| 49:49:5.1.1.2.6.0.1.8 | 49 | Transportation | III | B | 360 | PART 360—FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE | § 360.5T Updating user fees. | FHWA | [82 FR 5298, Jan. 17, 2017] | (a) Update. Each fee established in this part may be updated in accordance with this section as deemed necessary by the FMCSA. (b) Publication and effective dates. Updated fees shall be published in the Federal Register and shall become effective 30 days after publication. (c) Payment of fees. Any person submitting a filing for which a fee is established shall pay the fee in effect at the time of the filing. (d) Method of updating fees. Each fee shall be updated by updating the cost components comprising the fee. Cost components shall be updated as follows: (1) Direct labor costs shall be updated by multiplying base level direct labor costs by percentage changes in average wages and salaries of FMCSA employees. Base level direct labor costs are direct labor costs determined by the cost study in Regulations Governing Fees For Service, 1 I.C.C. 2d 60 (1984), or subsequent cost studies. The base period for measuring changes shall be April 1984 or the year of the last cost study. (2) Operations overhead shall be developed each year on the basis of current relationships existing on a weighted basis, for indirect labor applicable to the first supervisory work centers directly associated with user fee activity. Actual updating of operations overhead will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead costs. (3)(i) Office general and administrative costs shall be developed each year on the basis of current levels costs, i.e., dividing actual office general and administrative costs for the current fiscal year by total office costs for the office directly associated with user fee activity. Actual updating of office general and administrative costs will be accomplished by applying the current percentage factor to updated direct labor, including current governmental overhead and current operations overhead costs. (ii) FMCSA general and administrative costs shall be developed each year on the basis of current level costs; i.e., di… | |||||
| 7:7:5.1.1.1.18.0.47.1 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.100 Definitions. | APHIS | [41 FR 49988, Nov. 12, 1976, as amended at 75 FR 68953, Nov. 102, 2010] | As used in this part, words in the singular form shall be deemed to import the plural and vice versa, as the case may require. Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual authorized to act for the Administrator. APHIS. The Animal and Plant Health Inspection Service, United States Department of Agriculture. Department. The U.S. Department of Agriculture. Interstate. From one State into or through any other State; or within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. Move. To carry, enter, import, mail, ship, or transport; to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; to offer to carry, enter, import, mail, ship, or transport; to receive to carry, enter, import, mail, ship, or transport; to release into the environment; or to allow any of the activities described in this definition. 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. Permit. A written authorization, including by electronic methods, by the Administrator to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Administrator. Person. Any individual, partnership, corporation, association, joint venture, or other legal entity. Plant Protection and Quarantine Programs. The Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service of the Department. Responsible person. The person who has control over and will maintain control over the movement of the noxious weed and assure that all conditions contained in the permit and requirements in this part are complied with. A responsible pers… | ||||||
| 7:7:5.1.1.1.18.0.47.10 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.500 Petitions to add a taxon to the noxious weed list. | APHIS | [75 FR 68955, Nov. 10, 2010] | A person may petition the Administrator to have a taxon added to the noxious weeds lists in § 360.200. Details of the petitioning process for adding a taxon to the lists are available on the Internet at http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/listingguide.pdf. Persons who submit a petition to add a taxon to the noxious weed lists must provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to add a taxon to the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should be listed as a noxious weed: (a) Identification of the taxon. (1) The taxon's scientific name and author; (2) Common synonyms; (3) Botanical classification; (4) Common names; (5) Summary of life history; (6) Native and world distribution; (7) Distribution in the United States, if any (specific States, localities, or Global Positioning System coordinates); (8) Description of control efforts, if established in the United States; and (9) Whether the taxon is regulated at the State or local level. (b) Potential consequences of the taxon's introduction or spread. (1) The taxon's habitat suitability in the United States (predicted ecological range); (2) Dispersal potential (biological characteristics associated with invasiveness); (3) Potential economic impacts ( e.g., potential to reduce crop yields, lower commodity values, or cause loss of markets for U.S. goods); and (4) Potential environmental impacts (e.g., impacts on ecosystem processes, natural community composition or structure, human health, recreation patterns, property values, or use of chemicals to control the taxon). (c) Likelihood of the taxon's introduction or spread. (1) Potential pathways for the taxon's movement into and within the United States; and (2) The likelihood of survival and spread of the taxon within each pathway. (d) List of references. | ||||||
| 7:7:5.1.1.1.18.0.47.11 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.501 Petitions to remove a taxon from the noxious weed lists. | APHIS | [75 FR 68955, Nov. 10, 2010] | A person may petition the Administrator to remove a taxon from the noxious weeds lists in § 360.200. Details of the petitioning process for removing a taxon from the lists are available at http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/delistingguide.pdf. Persons who submit a petition to remove a taxon from the noxious weed lists would be required to provide their name, address, telephone number, and (if available) e-mail address. Persons who submit a petition to remove a taxon from the noxious weed lists are encouraged to provide the following information, which can help speed up the review process and help APHIS determine whether the specified plant taxon should not be listed as a noxious weed: (a) Evidence that the species is distributed throughout its potential range or has spread too far to implement effective control. (b) Evidence that control efforts have been unsuccessful and further efforts are unlikely to succeed. (c) For cultivars of a listed noxious weed, scientific evidence that the cultivar has a combination of risk elements that result in a low pest risk. For example, the cultivar may have a narrow habitat suitability, low dispersal potential, evidence of sterility, inability to cross-pollinate with introduced wild types, or few if any potential negative impacts on the economy or environment of the United States. (d) List of references. | ||||||
| 7:7:5.1.1.1.18.0.47.12 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.600 Preemption of State and local laws. | APHIS | [74 FR 53400, Oct. 19, 2009. Redesignated at 75 FR 68955, Nov. 10, 2010] | (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate it, or prevent its dissemination. A State or political subdivision of a State also may not impose prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has issued a regulation or order to prevent the dissemination of the 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) Therefore, in accordance with section 436 of the Plant Protection Act, the regulations in this part preempt all State and local laws and regulations that are inconsistent with or exceed the regulations in this part unless a special need request has been granted in accordance with the regulations in §§ 301.1 through 301.13 of this chapter. | ||||||
| 7:7:5.1.1.1.18.0.47.2 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.200 Designation of noxious weeds. | APHIS | [48 FR 20039, May 4, 1983, as amended at 49 FR 25223, June 20, 1984; 57 FR 8838, Mar. 13, 1992; 60 FR 35832, July 12, 1995; 64 FR 12883, Mar. 16, 1999; 65 FR 33743, May 25, 2000; 66 FR 21060, Apr. 27, 2001; 71 FR 35381, June 20, 2006; 74 FR 53400, Oct. 19, 2009; 75 FR 68953, Nov. 10, 2010] | The Administrator has determined that it is necessary to designate the following plants 1 as noxious weeds to prevent their introduction into the United States or their dissemination within the United States: 1 One or more of the common names of weeds are given in parentheses after most scientific names to help identify the weeds represented by such scientific names; however, a scientific name is intended to include all subordinate taxa within the taxon. For example, taxa listed at the genus level include all species, subspecies, varieties, and forms within the genus; taxa listed at the species level include all subspecies, varieties, and forms within the species. (a) Aquatic and wetland weeds: Azolla pinnata R. Brown (mosquito fern, water velvet) Caulerpa taxifolia (Vahl) C. Agardh, Mediterranean strain (killer algae) Eichhornia azurea (Swartz) Kunth Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Lagarosiphon major (Ridley) Moss Limnophila sessiliflora (Vahl) Blume (ambulia) Melaleuca quinquenervia (Cavanilles) S.T. Blake Monochoria hastata (Linnaeus) Solms-Laubach Monochoria vaginalis (Burman f.) C. Presl Ottelia alismoides (L.) Pers. Sagittaria sagittifolia Linnaeus (arrowhead) Salvinia auriculata Aublet (giant salvinia) Salvinia biloba Raddi (giant salvinia) Salvinia herzogii de la Sota (giant salvinia) Salvinia molesta D.S. Mitchell (giant salvinia) Solanum tampicense Dunal (wetland nightshade) Sparganium erectum Linnaeus (exotic bur-reed) Azolla pinnata R. Brown (mosquito fern, water velvet) Caulerpa taxifolia (Vahl) C. Agardh, Mediterranean strain (killer algae) Eichhornia azurea (Swartz) Kunth Hydrilla verticillata (Linnaeus f.) Royle (hydrilla) Hygrophila polysperma T. Anderson (Miramar weed) Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory) Lagarosiphon major (Ridley) Moss Limn… | ||||||
| 7:7:5.1.1.1.18.0.47.3 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.300 Notice of restrictions on movement of noxious weeds. | APHIS | [75 FR 68954, Nov. 10, 2010] | No person may move a Federal noxious weed into or through the United States, or interstate, unless: (a) He or she applies for a permit to move a noxious weed in accordance with § 360.301; (b) The permit application is approved; and (c) The movement is consistent with the specific conditions contained in the permit. | ||||||
| 7:7:5.1.1.1.18.0.47.4 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.301 Information required for applications for permits to move noxious weeds. | APHIS | [75 FR 68954, Nov. 10, 2010] | (a) Permit to import a noxious weed into the United States. A responsible person must apply for a permit to import a noxious weed into the United States. 2 The application must include the following information: 2 Information on applying for a permit to import a noxious weed into the United States is available at http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml. (1) The responsible person's name, address, telephone number, and (if available) e-mail address; (2) The taxon of the noxious weed; (3) Plant parts to be moved; (4) Quantity of noxious weeds to be moved per shipment; (5) Proposed number of shipments per year; (6) Origin of the noxious weeds; (7) Destination of the noxious weeds; (8) Whether the noxious weed is established in the State of destination; (9) Proposed method of shipment; (10) Proposed port of first arrival in the United States; (11) Approximate date of arrival; (12) Intended use of the noxious weeds; (13) Measures to be employed to prevent danger of noxious weed dissemination; and (14) Proposed method of final disposition of the noxious weeds. (b) Permit to move noxious weeds interstate. A responsible person must apply for a permit to move a noxious weed interstate. 3 The application must include the following information: 3 Information on applying for a permit to move a noxious weed interstate is available at http://www.aphis.usda.gov/plant_health/permits/plantproducts.shtml. (1) The responsible person's name, address, telephone number, and (if available) e-mail address; (2) The taxon of the noxious weed; (3) Plant parts to be moved; (4) Quantity of noxious weeds to be moved per shipment; (5) Proposed number of shipments per year, (6) Origin of the noxious weeds; (7) Destination of the noxious weeds; (8) Whether the noxious weed is established in the State of destination; (9) Proposed method of shipment, (10) Approximate date of movement; (11) Intended use of the noxious weeds; (12) Measures to be employed to prevent danger of … | ||||||
| 7:7:5.1.1.1.18.0.47.5 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.302 Consideration of applications for permits to move noxious weeds. | APHIS | [75 FR 68954, Nov. 10, 2010] | Upon the receipt of an application made in accordance with § 360.301 for a permit for movement of a noxious weed into the United States or interstate, the Administrator will consider the application on its merits. (a) Consultation. The Administrator may consult with other Federal agencies or entities, States or political subdivisions of States, national governments, local governments in other nations, domestic or international organizations, domestic or international associations, and other persons for views on the danger of noxious weed dissemination into the United States, or interstate, in connection with the proposed movement. (b) Inspection of premises. The Administrator may inspect the site where noxious weeds are proposed to be handled in connection with or after their movement under permit to determine whether existing or proposed facilities will be adequate to prevent noxious weed dissemination if a permit is issued. | ||||||
| 7:7:5.1.1.1.18.0.47.6 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.303 Approval of an application for a permit to move a noxious weed; conditions specified in permit. | APHIS | [75 FR 68954, Nov. 10, 2010] | The Administrator will approve or deny an application for a permit to move a noxious weed. If the application is approved, the Administrator will issue the permit including any conditions that the Administrator has determined are necessary to prevent dissemination of noxious weeds into the United States or interstate. Such conditions may include requirements for inspection of the premises where the noxious weed is to be handled after its movement under the permit, to determine whether the facilities there are adequate to prevent noxious weed dissemination and whether the conditions of the permit are otherwise being observed. Before the permit is issued, the Administrator will require the responsible person to agree in writing to the conditions under which the noxious weed will be safeguarded. | ||||||
| 7:7:5.1.1.1.18.0.47.7 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.304 Denial of an application for a permit to move a noxious weed; revocation of a permit to move a noxious weed. | APHIS | [75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014] | (a) The Administrator may deny an application for a permit to move a noxious weed when the Administrator determines that: (1) No safeguards adequate or appropriate to prevent dissemination of the noxious weed can be implemented; or (2) The destructive potential of the noxious weed, should it escape despite proposed safeguards, outweighs the probable benefits to be derived from the proposed movement and use of the noxious weed; or (3) The responsible person, or the responsible person's agent, as a previous permittee, failed to maintain the safeguards or otherwise observe the conditions prescribed in a previous permit and failed to demonstrate the ability or intent to observe them in the future; or (4) The movement could impede an APHIS eradication, suppression, control, or regulatory program; or (5) A State plant regulatory official objects to the issuance of the permit on the grounds that granting the permit will pose a risk of dissemination of the noxious weed into the State; or (6) The application for the permit contains information that is found to be materially false, fraudulent, or deceptive; or (7) APHIS may deny a permit to a person who has previously failed to comply with any APHIS regulation. (b) The Administrator may revoke any outstanding permit when: (1) After the issuance of the permit, information is received that constitutes cause for the denial of an application for permit under paragraph (a) of this section; or (2) The responsible person has not maintained the safeguards or otherwise observed the conditions specified in the permit. (c) If a permit is orally revoked, APHIS will provide the reasons for the withdrawal of the permit in writing within 10 days. Any person whose permit has been revoked or any person who has been denied a permit may appeal the decision in writing to the Administrator within 10 days after receiving the written notification of the revocation or denial. The appeal must state all of the facts and reasons upon which the person relies to show that the permit was wro… | ||||||
| 7:7:5.1.1.1.18.0.47.8 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.305 Disposal of noxious weeds when permits are revoked. | APHIS | [75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014] | When a permit for the movement of a noxious weed is revoked by the Administrator and not reinstated under § 360.304(c), further movement of the noxious weed covered by the permit into or through the United States, or interstate, is prohibited unless authorized by another permit. The responsible person must arrange for disposal of the noxious weed in question in a manner that the Administrator determines is adequate to prevent noxious weed dissemination. The Administrator may seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of, in such manner as the Administrator deems appropriate, any noxious weed that is moved without compliance with any conditions in the permit or after the permit has been revoked whenever the Administrator deems it necessary in order to prevent the dissemination of any noxious weed into or within the United States. | ||||||
| 7:7:5.1.1.1.18.0.47.9 | 7 | Agriculture | III | 360 | PART 360—NOXIOUS WEED REGULATIONS | § 360.400 Treatments. | APHIS | [75 FR 68955, Nov. 10, 2010, as amended at 83 FR 11867, Mar. 19, 2018] | (a) Seeds of Guizotia abyssinica (niger seed) are commonly contaminated with noxious weed seeds listed in § 360.200, including (but not limited to) Cuscuta spp. Therefore, Guizotia abyssinica seeds may be imported into the United States only if: (1) They are treated in accordance with part 305 of this chapter at the time of arrival at the port of first arrival in the United States; or (2) They are treated prior to shipment to the United States at a facility that is approved by APHIS 4 and that operates in compliance with a written agreement between the treatment facility owner and the plant protection service of the exporting country, in which the treatment facility owner agrees to comply with the provisions of § 319.37-9(c) of this chapter and allow inspectors and representatives of the plant protection service of the exporting country access to the treatment facility as necessary to monitor compliance with the regulations. Treatments must be certified in accordance with the conditions described in § 319.37-9(c) of this chapter. 4 Criteria for the approval of heat treatment facilities are contained in part 305 of this chapter. (b) [Reserved] |
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