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to departure (the procedure known as "tail swapping”), the alternate aircraft must be inspected and all Japanese beetles must be removed. The aircraft must be safeguarded by closing all openings and hatches or by equipping the aircraft with exclusionary devices until the aircraft is ready for use. During loading, all treatment and safeguard requirements applicable to regularly scheduled aircraft must be implemented.

(7) Aircraft may be retreated in the noninfested State if live Japanese beetles are found.

(8) Notification of unscheduled commercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in 8 301.48(b). Notification of arriving military flights should also be given to base commanders to facilitate the entrance of Federal and/or State inspectors onto the base if necessary. (61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996)

8301.48–7 Nonliability of the Depart

ment. The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector. 8 301.488 Compliance agreements and

cancellation. (a) Any person engaged in the business of moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. Any person who enters into a compliance agreement, and employees or agents of that person, must allow an inspector access to all records regarding treatment of aircraft and to all areas where loading, unloading, and treatment of aircraft occurs.

(b) A compliance agreement may be canceled by an inspector, orally or in writing, whenever he or she determines that the person who has entered into the compliance agreement has failed to comply with the agreement or this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing within 20 days of oral notification. 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. A hearing will be held to resolve any conflict as to any material fact. The Administrator shall adopt rules of practice for the hearing. An appeal shall be granted or denied, in writing, as promptly as circumstances allow, and the reasons for the decision shall be stated. The compliance agreement will remain canceled pending the decision on the appeal. [61 FR 32641, June 25, 1996)

8301.485 Inspection and disposal of

regulated articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles and Japanese beetles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued by the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996)

8301.48 6 Movement of live Japanese

beetles. Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Administrator.

Subpart-Pine Shoot Beetle

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996)

SOURCE: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.

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8 301.50–1 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.

Certificate. A document in which an inspector, or person operating under a compliance agreement, affirms that a specified regulated article is free of pine shoot beetle 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, in which the person agrees to comply with the provisions of this subpart.

Infestation. The presence of the pine shoot beetle or the existence of circumstances that make it reasonable to believe that the pine shoot beetle is present.

Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual, authorized by the Administrator to enforce this subpart.

Interstate. From any State into or through any other State.

Limited permit (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 $ 301.50– 5(b) of this subpart 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, partnership, society, or other entity.

Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted trees, including dug (balled and burlaped) Christmas trees, and ornamental pine, such as bonsai.

Pine shoot beetle. The insect known as pine shoot beetle, Tomicus piniperda (Linnaeus), in any stage of development.

Quarantined area. Any State, or any portion of a State, listed in 301.50–3(c) of this subpart or otherwise designated as a quarantined area in accordance with 8 301.50–3(b) of this subpart.

Regulated article. Any article listed in $ 301.50-2 (a) or (b) of this subpart or otherwise designated as a regulated article in accordance with $ 301.50–2(c) of this subpart.

State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State, territory, or possession of the United States.

(57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993)

8301.50_2 Regulated articles.

The following are regulated articles:

(a) Pine products (Pinus spp.), as follows: Bark nuggets (including bark chips); Christmas trees; logs with bark attached; lumber with bark attached; nursery stock; pine wreaths and garlands; raw pine materials for pine wreaths and garlands; and stumps.

(b) Any article, product, or means of conveyance not covered by paragraph (a) of this section, that presents a risk of spread of the pine shoot beetle and that an inspector notifies the person in possession of it is subject to the restrictions of this subpart.

1 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 regulated articles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff).

(57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995]

Champaign County. The entire county.
Cook. The entire county.
De Kalb County. The entire county.
Du Page. The entire county.
Grundy County. The entire county.
Iroquois. The entire county.
Kane County. The entire county.
Kankakee. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Ogle County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Stephenson County. The entire county.
Vermilion County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.

8 301.503 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 which the pine shoot beetle has been found by an inspector, in which the Administrator has reason to believe that the pine shoot beetle is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which the pine shoot 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 a quarantine and regulations that impose restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed by this subpart on the interstate movement of these articles; and

(2) The designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the pine shoot beetle.

(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 regulation along with a written notice of this temporary designation to the owner or person in possession of the nonquarantined area; thereafter, the interstate movement of any regulated article from an area temporarily designated

quarantined area is subject to this subpart. As soon as practicable, this area will be added to the list in paragraph (c) of this section, 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.

(c) The areas described below are designated as quarantined areas:

INDIANA Adams County. The entire county. Allen County. The entire county. Benton. The entire county. Blackford County. The entire county. Carroll County. The entire county. Cass County. The entire county. De Kalb. The entire county. Delaware. The entire county. Elkhart County. The entire county. Fountain County. The entire county. Fulton County. The entire county. Grant. The entire county. Hancock County. The entire county. Howard County. The entire county. Huntington. The entire county. Jasper County. The entire county. Jay County. The entire county. Kosciusko County. The entire county. Lagrange County. The entire county. Lake County. The entire county. La Porte County. The entire county. Madison County. The entire county. Marshall County. The entire county. Miami. The entire county. Newton County. The entire county. Noble County. The entire county. Porter County. The entire county. Pulaski County. The entire county. Randolph County. The entire county. St. Joseph County. The entire county. Starke County. The entire county. Steuben County. The entire county. Tippecanoe. The entire county. Tipton County. The entire county. Wabash County. The entire county. Warren County. The entire county. Wayne County. The entire county. Wells County. The entire county. White. The entire county. Whitley County. The entire county.

as

a

ILLINOIS

MARYLAND

Boone County. The entire county. Bureau County. The entire county.

Allegany County. The entire county.

Garrett County. The entire county. Washington County. The entire county.

Sanilac County. The entire county.
Shiawassee. The entire county.
Tuscola. The entire county.
Van Buren. The entire county.
Washtenaw. The entire county.
Wayne. The entire county.
Wexford County. The entire county.

NEW YORK

Allegany County. The entire county.
Cattaraugus. The entire county.
Cayuga County. The entire county.
Chautauqua. The entire county.
Chemung County. The entire county.
Cortland County. The entire county.
Erie County. The entire county.
Genesee. The entire county.
Livingston. The entire county.
Monroe. The entire county.
Niagara County. The entire county.
Onondaga County. The entire county.
Ontario. The entire county.
Orleans. The entire county.
Oswego County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Stuben County, The entire county.
Tomkins County. The entire county.
Wayne County. The entire county.
Wyoming. The entire county.
Yates County. The entire county.

OHIO

MICHIGAN Alcona County. The entire county. Allegan. The entire county. Alpena County. The entire county. Antrim County. The entire county. Barry. The entire county. Bay County. The entire county. Benzie County. The entire county. Berrien County. The entire county. Branch. The entire county. Calhoun. The entire county. Cass County. The entire county. Charlevoix County. The entire county. Chippewa County. The entire county. Clare County. The entire county. Clinton. The entire county. Crawford County. The entire county. Delta County. The entire county. Eaton. The entire county. Emmet County. The entire county. Genesee. The entire county. Gladwin County. The entire county. Grand Traverse County. The entire county. Gratiot. The entire county. Hillsdale. The entire county. Huron County. The entire county. Ingham County. The entire county. Ionia. The entire county. Isabella. The entire county. Jackson. The entire county. Kalamazoo. The entire county. Kalkasa County. The entire county. Kent County. The entire county. Lake County. The entire county. Lapeer County. The entire county. Leelanau County. The entire county. Lenawee. The entire county. Livingston. The entire county. Luce County. The entire county. Mackinac County. The entire county. Macomb. The entire county. Manistee County. The entire county. Marquette County. The entire county. Mason County. Then entire county. Mecosta County. The entire county. Midland. The entire county. Missaukee County. The entire county. Monroe County. The entire county. Montcalm. The entire county. Montmorency County. The entire county. Muskegon County. The entire county. Newaygo County. The entire county. Oakland. The entire county. Oceana County. The entire county. Ogemaw County. The entire county. Osceola County. The entire county. Oscoda County. The entire county. Otsego County. The entire county. Ottawa County. The entire county. Presque Isle County. The entire county. Saginaw. The entire county. Schoolcraft County. The entire county. St. Clair County. The entire county. St. Joseph County. The entire county.

Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
DO are County. The entire county.
Erie. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Mercer County. The entire county.

Morgan County. The entire county.
Morrow County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.

PENNSYLVANIA Allegheny County. The entire county. Armstrong County. The entire county. Beaver County. The entire county. Blair County. The entire county. Butler County. The entire county. Cambria County. The entire county. Cameron County. The entire county.

Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Forest County. The entire county.
Greene County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Somerset County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.

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(57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999]

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