[Code of Federal Regulations]
[Title 7, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR301]
[Page 43-48]
TITLE 7--AGRICULTURE
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 301_DOMESTIC QUARANTINE NOTICES--Table of Contents
Subpart_Asian Longhorned Beetle
Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.
Sec. 301.51-1 Definitions.
Administrator. The Administrator, 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 longhorned beetle. The insect known as Asian longhorned beetle
(Anoplophora glabripennis) in any stage of development.
Certificate. A document which is issued for a regulated article by
an inspector or by a person operating under a compliance agreement, and
which represents that such article is eligible for interstate movement
in accordance with Sec. 301.51-5(a).
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles that are
moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Infestation. The presence of the Asian longhorned beetle in any life
stage.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual authorized by the Administrator to enforce
the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector affirms that the
regulated article not eligible for a certificate is eligible for
interstate movement only to a specified destination and in accordance
with conditions specified on the permit.
Moved (movement, move). 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 any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.51-3(c) of this subpart or otherwise designated as a
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
Regulated article. Any article listed in Sec. 301.51-2(a) of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.51-2(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.51-2 Regulated articles.
The following are regulated articles:
(a) Firewood (all hardwood species), and green lumber and other
material living, dead, cut, or fallen, inclusive of nursery stock, logs,
stumps, roots, branches, and debris of half an inch or more in diameter
of the following genera: Acer (maple), Aesculus (horse chestnut),
Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash),
Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain
ash), and Ulmus (elm).
(b) Any other article, product, or means of conveyance not covered
by paragraph (a) of this section if an inspector determines that it
presents a risk of spreading Asian longhorned beetle and notifies the
person in possession of the article, product, or means of conveyance
that it is subject to the restrictions of this subpart.
[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997; 68
FR 26985, May 19, 2003]
Sec. 301.51-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area in paragraph (c) of
this section, each State or each portion of a State in
[[Page 44]]
which the Asian longhorned beetle has been found by an inspector, in
which the Administrator has reason to believe that the Asian longhorned
beetle is present, or that the Administrator considers necessary to
regulate because of its inseparability for quarantine enforcement
purposes from localities where Asian longhorned beetle has been found.
Less than an entire State will be designated as a quarantined area only
if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed by this subpart on the interstate movement of regulated
articles; and
(2) The designation of less than an entire State as a quarantined
area will be adequate to prevent the artificial interstate spread of the
Asian longhorned beetle.
(b) The Administrator or an inspector may temporarily designate any
nonquarantined area as a quarantined area in accordance with the
criteria specified in paragraph (a) of this section. The Administrator
will give written notice of this designation to the owner or person in
possession of the nonquarantined area, or, in the case of publicly owned
land, to the person responsible for the management of the nonquarantined
area. Thereafter, the interstate movement of any regulated article from
an area temporarily designated as a quarantined area is subject to this
subpart. As soon as practicable, this area either will be added to the
list of designated quarantined areas in paragraph (c) of this section,
or the Administrator will terminate the designation. The owner or person
in possession of, or, in the case of publicly owned land, the person
responsible for the management of, an area for which the designation is
terminated will be given written notice of the termination as soon as
practicable.
(c) The following areas are designated as quarantined areas:
New Jersey
Middlesex and Union Counties. That portion of the counties,
including the municipalities of Roselle, Elizabeth City, Linden,
Carteret, Woodbridge, Rahway, and Clark, that is bounded by a line drawn
as follows: Beginning at the intersection of Locust Street (County Road
619) and West Grand Avenue (Union County 610) in Roselle, NJ; then east
on West Grand Avenue to Chilton Street; then south on Chilton Street to
South Street; then east on South Street to Broad Street; then south on
Broad Street to Summer Street; then east on Summer Street to the
Elizabeth River; then east along the Elizabeth River to the Arthur Kill;
then south along the Arthur Kill (New Jersey and New York State border)
to the point where Roosevelt Avenue (State Route 602) meets the Arthur
Kill in Carteret, NJ; then south along Roosevelt Avenue to Port Reading
Avenue (State Route 604); then west southwest along Port Reading Avenue
to the Conrail railroad; then north and west along the Conrail railroad
right-of-way to the NJ Transit railroad right-of-way; then north and
northwest along the NJ Transit railroad right-of-way to the south branch
of the Rahway River; then west along the south branch of the Rahway
River to St. Georges Avenue (State Highway 27); then north along St.
Georges Avenue to its intersection with the eastern border of Rahway
River Park (Union County Park); then north along the eastern border of
Rahway River Park to the intersection of Valley Road and Union County
Parkway; then north along Union County Parkway to North Stiles Street;
then northwest along North Stiles Street to Raritan Road; then northeast
along Raritan Road to the perpendicular intersection of Raritan Road and
the Cranford/Linden township border (144 Raritan Road); then north along
the Cranford/Linden border to Myrtle Street; then east along Myrtle
Street to the intersection of Amsterdam Avenue and Wood Avenue; then
southeast along Wood Avenue to 5th Avenue; then northeast along 5th
Avenue to Locust Street; then north along Locust Street to the point of
beginning.
New York
New York City. (1) That area in the boroughs of Manhattan, Brooklyn,
and Queens in the City of New York that is bounded by a line beginning
at the point where the Brooklyn Battery Tunnel intersects the Manhattan
shoreline of the East River; then west and north along the shoreline of
the Hudson River to Martin Luther King Jr. Boulevard; then east on
Martin Luther King Jr. Boulevard and across the Triborough Bridge to its
intersection with the west shoreline of Randall's and Wards Island; then
east and south along the shoreline of Randall's and Wards Island to its
intersection with the Triborough Bridge; then east along the Triborough
Bridge to its intersection with the Queens shoreline; then north and
east along the Queens shoreline to its intersection with the City of New
York/Nassau County line; then southeast along the City of
[[Page 45]]
New York/Nassau County line to its intersection with the Grand Central
Parkway; then west on the Grand Central Parkway to the Jackie Robinson
Parkway; then west on the Jackie Robinson Parkway to Park Lane; then
south on Park Lane to Park Lane South; then south and west on Park Lane
South to 112th Street; then south on 112th Street to Atlantic Avenue;
then west on Atlantic Avenue to 106th Street; then south on 106th Street
to Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then
south on Euclid Avenue to Linden Boulevard; then west on Linden
Boulevard to Canton Avenue; then west on Canton Avenue to the Prospect
Expressway; then north and west on the Prospect Expressway to the
Gowanus Expressway; then north and west on the Gowanus Expressway to
Hamilton Avenue and the Brooklyn Battery Tunnel; then north on Hamilton
Avenue and the Brooklyn Battery Tunnel across the East River to the
point of beginning.
(2) That area in the Borough of Richmond in the City of New York
bounded by a line drawn as follows: Beginning at a point on the New
York/New Jersey State line due north of the intersection of Richmond
Terrace and South Avenue; then south from that point to the intersection
of South Avenue and Richmond Terrace; then south on South Avenue to Fahy
Avenue; then east on Fahy Avenue to Arlene Street; then south on Arlene
Street until it becomes Park Drive North; then south on Park Drive North
to Rivington Avenue; then east on Rivington Avenue to Mulberry Avenue;
then south on Mulberry Avenue to Travis Avenue; then northwest on Travis
Avenue to the point where it crosses Main Creek; then south along the
west shoreline of Main Creek to Fresh Kills Creek; then west along the
north shoreline of Fresh Kills Creek to Little Fresh Kills Creek; then
west along the north shoreline of Little Fresh Kills Creek to the Arthur
Kill; then west to the New York/New Jersey State line in the Arthur
Kill; then north along the New York/New Jersey State line to the point
of beginning.
Nassau and Suffolk Counties. That area in the villages of
Amityville, West Amityville, North Amityville, Babylon, West Babylon,
Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa;
in the towns of Oyster Bay and Babylon; in the counties of Nassau and
Suffolk that is bounded as follows: Beginning at a point where West Main
Street intersects the west shoreline of Carlis Creek; then west along
West Main Street to Route 109; then north along Route 109 to Arnold
Avenue; then northwest along Arnold Avenue to Albin Avenue; then west
along Albin Avenue to East John Street; then west along East John Street
to Wellwood Avenue; then north along Wellwood Avenue to the Southern
State Parkway; then west along the Southern State Parkway to Broadway;
then south along Broadway to Hicksville Road; then south along
Hicksville Road to Division Avenue; then south along Division Avenue to
South Oyster Bay; then east along the shoreline of South Oyster Bay to
Carlis Creek; then along the west shoreline of Carlis Creek to the point
of beginning.
That area in the villages of Bayshore, East Islip, Islip, and Islip
Terrace in the Town of Islip, in the County of Suffolk, that is bounded
as follows: Beginning at a point where Route 27A intersects Brentwood
Road; then east along Route 27A to the Southern State Parkway Heckscher
Spur; then north and west along the Southern State Parkway Heckscher
Spur to Carleton Avenue; then north along Carleton Avenue to the
southern boundary of the New York Institute of Technology; then west
along the southern boundary of the New York Institute of Technology
through its intersection with Wilson Boulevard to Pear Street; then west
along Pear Street through its intersection with Freeman Avenue to Riddle
Street; then west along Riddle Street to Broadway; then south along
Broadway to the Southern State Parkway Heckscher Spur; then west along
the Southern State Parkway Heckscher Spur to Brentwood Road; then south
along Brentwood Road to the point of beginning.
[62 FR 10416, Mar. 7, 1997, as amended at 63 FR 63387, Nov. 13, 1998; 64
FR 28715, May 27, 1999; 65 FR 4866, Feb. 2, 2000; 65 FR 54944, Sept. 12,
2000; 66 FR 56430, Nov. 8, 2001; 68 FR 26985, May 19, 2003; 69 FR 10600,
Mar. 8, 2004; 70 FR 4005, Jan. 28, 2005; 70 FR 21327, Apr. 26, 2005; 70
FR 61351, Oct. 24, 2005; 71 FR 40880, July 19, 2006; 71 FR 59651, Oct.
11, 2006; 72 FR 46374, Aug. 20, 2007]
Sec. 301.51-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
(a) Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions:
(1) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.51-5 and 301.51-8;
(2) Without a certificate or limited permit if:
(i) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(ii) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
[[Page 46]]
(A) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(B) The regulated article is moved through the quarantined area
without stopping, or has been stored, packed, or handled at locations
approved by an inspector as not posing a risk of infestation by Asian
longhorned beetle; and
(C) The article has not been combined or commingled with other
articles so as to lose its individual identity.
(b) When an inspector has probable cause to believe a person or
means of conveyance is moving a regulated article interstate, the
inspector is authorized to stop the person or means of conveyance to
determine whether a regulated article is present and to inspect the
regulated article. Articles found to be infected by an inspector, and
articles not in compliance with the regulations in this subpart, may be
seized, quarantined, treated, subjected to other remedial measures,
destroyed, or otherwise disposed of.
Sec. 301.51-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector \1\ or person operating under a compliance
agreement will issue a certificate for the interstate movement of a
regulated article if he or she determines that the regulated article:
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\1\ Inspectors are assigned to local offices of APHIS, which are
listed in local telephone directories. Information concerning such 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, Maryland 20737-1236.
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(1)(i) Is apparently free of Asian longhorned beetle in any stage of
development, based on inspection of the regulated article; or
(ii) Has been grown, produced, manufactured, stored, or handled in
such a manner that, in the judgment of the inspector, the regulated
article does not present a risk of spreading Asian longhorned beetle;
and
(2) Is to be moved in compliance with any additional conditions
deemed necessary under section 414 of the Plant Protection Act (7 U.S.C.
7714) \2\ to prevent the artificial spread of the Asian longhorned
beetle; and
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\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
articles.
(b) An inspector or a person operating under a compliance agreement
will issue a limited permit for the interstate movement of a regulated
article not eligible for a certificate if he or she determines that the
regulated article:
(1) Is to be moved interstate to a specified destination for
specific processing, handling, or utilization (the destination and other
conditions to be listed on the limited permit), and this interstate
movement will not result in the spread of Asian longhorned beetle
because Asian longhorned beetle will be destroyed by the specific
processing, handling, or utilization; and
(2) It is to be moved in compliance with any additional conditions
that the Administrator may impose under section 414 of the Plant
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the
Asian longhorned beetle; and
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.51-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and limited
permits may then be completed and used, as needed, for the interstate
movement of regulated articles that have met all of the requirements of
paragraph (a) or (b), respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in
writing by an inspector whenever the inspector
[[Page 47]]
determines that the holder of the certificate or limited permit has not
complied with this subpart or any conditions imposed under this subpart.
If the cancellation is oral, the cancellation will become effective
immediately, and the cancellation and the reasons for the cancellation
will be confirmed in writing as soon as circumstances permit. Any person
whose certificate or limited permit has been cancelled may appeal the
decision in writing to the Administrator within 10 days after receiving
the written cancellation notice. The appeal must state all of the facts
and reasons that the person wants the Administrator to consider in
deciding the appeal. A hearing may be held to resolve a conflict as to
any material fact. Rules of practice for the hearing will be adopted by
the Administrator. As soon as practicable, the Administrator will grant
or deny the appeal, in writing, stating the reasons for the decision.
[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance agreement \3\ if such
persons review with an inspector each stipulation of the compliance
agreement. Any person who enters into a compliance agreement with APHIS
must agree to comply with the provisions of this subpart and any
conditions imposed under this subpart.
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\3\ Compliance agreements may be initiated by contacting a local
office of APHIS. The addresses and telephone numbers of local offices
are listed in local telephone directories and 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, Maryland 20737-1236.
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(b) Any compliance agreement may be canceled orally or in writing by
an inspector whenever the inspector determines that the person who has
entered into the compliance agreement has not complied with this subpart
or any conditions imposed under this subpart. If the cancellation is
oral, the cancellation will become effective immediately, and the
cancellation and the reasons for the cancellation will be confirmed in
writing as soon as circumstances permit. Any person whose compliance
agreement has been cancelled may appeal the decision in writing to the
Administrator within 10 days after receiving the written cancellation
notice. The appeal must state all of the facts and reasons that the
person wants the Administrator to consider in deciding the appeal. A
hearing may be held to resolve a conflict as to any material fact. Rules
of practice for the hearing will be adopted by the Administrator. As
soon as practicable, the Administrator will grant or deny the appeal, in
writing, stating the reasons for the decision.
Sec. 301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \4\ at least 48 hours before the services
are needed.
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\4\ See footnote 1 to Sec. 301.51-5.
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(b) The regulated articles must be assembled at the place and in the
manner that the inspector designates as necessary to comply with this
subpart.
Sec. 301.51-8 Attachment and disposition of certificates and limited permits.
(a) A regulated article must be plainly marked with the name and
address of the consignor and the name and address of the consignee and
must have the certificate or limited permit issued for the interstate
movement of a regulated article securely attached at all times during
interstate movement to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill; Provided, that
the description of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the destination of the shipment.
[[Page 48]]
Sec. 301.51-9 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The user will
be responsible for all costs and charges arising from inspection and
other services provided outside of normal business hours.