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then north along Sayre to 59th Street; then west along 59th Street to the point of beginning.
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
designated as quarantined areas:
New York City. That area in the boroughs of Brooklyn and Queens in the city of New York that is bounded as follows: Beginning at the point where the Manhattan Bridge intersects the bank of the East River; then south from the Manhattan Bridge along Flatbush Avenue to Lafayette Avenue; then east along Lafayette Avenue to Himrod Street; then northeast along Himrod Street to Myrtle Avenue; then east along Myrtle Avenue to Fresh Pond Road; then north along Fresh Pond Road to Flushing Avenue; then northeast along Flushing Avenue to Grand Avenue; then northeast along Grand Avenue to 69th Street; then north along 69th Street to 37th Avenue; then east along 37th Avenue to 70th Street; then north along 70th Street to Northern Boulevard; then west along Northern Boulevard to Queens Plaza North; then west along Queens Plaza North to the
point where the Queensborough Bridge intersects the bank of the East River; then south and west along the bank of the East River to the point of beginning.
That area in the borough of Queens in the city of New York that is bounded as follows: Beginning at the point where Utopia Parkway intersects the shoreline of Little Bay; then south along Utopia Parkway to the Grand Central Parkway; then east along the Grand Central Parkway to the New York City/Nassau County line; then northwest along the New York City/ Nassau County line to the shoreline of Little Neck Bay; then west along the shorelines of Little Neck Bay, Willets Point, and Little Bay 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 the point where West Main Street intersects the west bank of Carlis
City of Chicago. That area in the Ravenswood community in the city of Chicago that is bounded as follows: Beginning at the intersection of Kedzie and Bryn Mawr; then east along Bryn Mawr to the end; then east along an imaginary line to the shoreline of Lake Michigan; then south from the intersection of Kedzie and Bryn Mawr, along Kedzie to Diversey Parkway; then east along Diversey Parkway to the end; then east along an imaginary line to the shoreline of Lake Michigan; then north along the shoreline of Lake Michigan to the point of beginning.
DuPage County. That Addison in DuPage County that is bounded as follows: Beginning at the intersection of Fullerton Avenue and Swift Road; then east along Fullerton Avenue to Lombard Road; then north along Lombard Road to Army Trail; then west along Army Trail to Swift Road; then south along Swift Road to the point of beginning.
Village of Summit. That area in the Village of Summit that is bounded as follows: Beginning at the intersection of Archer and 59th Street; then south along Archer to 67th Street; then east along 67th Street to the end; then east along the railroad tracks to Sayre;
Creek; then west along West Main (C) The article has not been com-
(b) When an inspector has probable Avenue to East John Street; then west
cause to believe a person or means of along East John Street to Wellwood
conveyance is moving a regulated artiAvenue; then south along Wellwood
cle interstate, the inspector is authorAvenue to West Hoffman Avenue; then
ized to stop the person or means of conwest along West Hoffman Avenue to
veyance to determine whether a reguMarconi Boulevard; then west along
lated article is present and to inspect Marconi Boulevard to Great Neck
the regulated article. Articles found to Road; then north and northwest along
be infected by an inspector, and artiGreat Neck Road to the Southern
cles not in compliance with the regulaState Parkway; then west along the
tions in this subpart, may be seized, Southern State Parkway to Broadway;
quarantined, treated, subjected to then south along Broadway to Hicks
other remedial measures, destroyed, or ville Road; then south along Hicksville
otherwise disposed of. Road to Division Avenue; then south along Division Avenue to the shoreline
8 301.51-5 Issuance and cancellation of of South Oyster Bay; then east along certificates and limited permits. the shoreline of South Oyster Bay to Carlis Creek; then north along the west
(a) An inspector' or person operating bank of Carlis Creek to the point of be
under a compliance agreement will ginning.
issue a certificate for the interstate
movement of a regulated article if he (62 FR 10416, Mar. 7, 1997, as amended at 63
or she determines that the regulated FR 63387, Nov. 13, 1998; 64 FR 28715, May 27,
(1)(i) Is apparently free of Asian 8301.514 Conditions governing the longhorned beetle in any stage of de
interstate movement of regulated velopment, based on inspection of the
articles from quarantined areas. regulated article; or (a) Any regulated article may be (ii) Has been grown, produced, manumoved interstate from a quarantined factured, stored, or handled in such a area only if moved under the following manner that, in the judgment of the inconditions:
spector, the regulated article does not (1) With a certificate or limited per- present a risk of spreading Asian mit issued and attached in accordance longhorned beetle; and with 88 301.51-5 and 301.51-8;
(2) Is to be moved in compliance with (2) Without a certificate or limited
any additional emergency conditions permit if:
that the Administrator may impose (i) The regulated article is moved by
under section 105 of the Federal Plant the United States Department of Agri- Pest Act (7 U.S.C. 150dd)2 in order to culture for experimental or scientific purposes; or (ii) The regulated article originates
1 Inspectors are assigned to local offices of
APHIS, which are listed in local telephone outside the quarantined area and is
directories. Information concerning such moved interstate through the quar- local offices may also be obtained from the antined area under the following condi- Animal and Plant Health Inspection Service, tions:
Plant Protection and Quarantine, Domestic (A) The points of origin and destina- and Emergency Operations, 4700 River Road tion are indicated on a waybill accom- Unit 134, Riverdale, Maryland 20737–1236. panying the regulated article; and
2 Section 105 of the Federal Plant Pest Act (B) The regulated article is moved
(7 U.S.C. 150dd) provides that the Secretary through the quarantined area without
of Agriculture may—under certain condi
tions—seize, quarantine, treat, destroy, or stopping, or has been stored, packed, or
apply other remedial measures to articles handled at locations approved by an in- that the Administrator has reason to believe spector as not posing a risk of infesta- are infested by, infected by, or contain plant tion by Asian longhorned beetle; and pests.
the cancellation will be confirmed ir 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 tice. 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.
prevent the artificial spread of Asian longhorned beetle; and
(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) Is to be moved in compliance with any additional emergency conditions that the Administrator may impose under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) in order to prevent the spread of 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 per
operating under compliance agreement in accordance with 8 301.51-6 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 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
8301.51-6 Compliance agreements and
cancellation. (a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a compliance agreement3 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.
(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
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.
wants the Administrator to consider in Subpart-Pink Bollworm
SOURCE: 32 FR 16385, Nov. 30, 1967, unless terial fact. Rules of practice for the
otherwise noted. hearing will be adopted by the Administrator. As soon as practicable, the QUARANTINE AND REGULATIONS Administrator will grant or deny the appeal, in writing, stating the reasons
$ 301.52 Quarantine; restriction on for the decision.
interstate movement of specified
regulated articles. 8301.51–7 Assembly and inspection of (a) Notice of quarantine. The following regulated articles.
States are quarantined to prevent the
spread of the pink bollworm (a) Persons requiring certification or
(Pectinophora gossypiella (Saund.)): Ariother services must request the serv
zona, Arkansas, California, New Mexices from an inspector4 at least 48
ico, Oklahoma, and Texas. hours before the services are needed.
(b) Regulated articles. No common car(b) The regulated articles must be as
rier or other person shall move intersembled at the place and in the manner
state from any quarantined State any that the inspector designates as nec- regulated article, except in accordance essary to comply with this subpart. with this subpart. The following are
regulated articles: 8301.51-8 Attachment and disposition
(1) Cotton and wild cotton, including of certificates and limited permits.
all parts of these plants. (a) A regulated article must be plain- (2) Seed cotton. ly marked with the name and address (3) Cottonseed. of the consignor and the name and ad- (4) American-Egyptian (long-staple) dress of the consignee and must have varieties of cotton lint, linters, and the certificate or limited permit issued
lint cleaner waste; except: for the interstate movement of a regu
(i) American-Egyptian cotton lint, lated article securely attached at all
linters, and lint cleaner waste comtimes during interstate movement to:
pressed to a density of at least 22 (1) The outside of the container en
pounds per cubic foot. casing the regulated article;
(ii) Trade samples of American-Egyp
tian cotton lint and linters. (2) The article itself, if it is not in a
(5) Cotton waste produced at cotton container; or
gins and cottonseed oil mills. (3) The consignee's copy of the ac
(6) Cotton gin trash. companying waybill; Provided, that
(7) Used bagging and other used wrapthe description of the regulated article
pers for cotton. on the certificate or limited permit,
(8) Used cotton harvesting equipment and on the waybill, are sufficient to
and used cotton ginning and used cotidentify the regulated article; and ton oil mill equipment.
(b) The carrier must furnish the cer- (9) Kenaf, including all parts of the tificate or limited permit authorizing plants. interstate movement of a regulated ar- (10) Okra, including all parts of these ticle to the consignee at the destina- plants, except: tion of the shipment.
(i) Canned or frozen okra; or
(ii) Okra seed; and 8301.51–9 Costs and charges.
(iii) Fresh, edible fruits of okra: The services of the inspector during
(A) During December 1 through May normal business hours will be furnished
15 if moved interstate, but only during without cost to persons requiring the
January 1 through March 15 if moved services. The user will be responsible
to California. for all costs and charges arising from inspection and other services provided
1 The articles hereby exempted remain suboutside of normal business hours.
ject to applicable restrictions under other quarantines and must have not been exposed
to pink bollworm infestation after ginning or 4 See footnote 1 to 8 301.51-5.
compression as prescribed.
(B) During May 16 through November 30, if moved interstate to any portion of Illinois, Kentucky, Missouri, or Virginia that is north of the 38th parallel; or to any destination in Colorado, Connecticut, Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, or Wyoming
(11) Any other product, article, or means of conveyance not covered by paragraphs (b)(1) through (10) of this section, when an inspector determines that it presents a risk of spread of the pink bollworm and the person in possession of the product, article, or means of conveyance has actual notice that it is subject to the restrictions of this subpart. (32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983; 49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb. 18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR 31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23, 1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR 23945, May 2, 1997)
(c) Deputy Administrator. The Deputy Administrator of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, any other officer or employee of said Service to whom authority to act in his stead has been or may hereafter be delegated.
(d) Generally infested area. Any part of a regulated area not designated as a suppressive area in accordance with $ 301.52–2.
(e) Infestation. The presence of the pink bollworm or the existence of circumstances that make it reasonable to believe that pink bollworm is present.
(f) Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart.
(8) Interstate. From any State, territory, or district of the United States into or through any other State, territory, or district of the United States (including Puerto Rico).
(h) Limited permit. A document issued or authorized to be issued by an inspector to allow the interstate movement of noncertified regulated articles to a specified destination for limited handling, utilization, or processing or for treatment.
(i) Moved (movement, move). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any means. “Movement” and “move" shall be construed accordingly.
(j) Person. Any individual, corporation, company, society, or association, or other organized group of any of the foregoing.
(k) Pink bollworm. The live insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development.
(1) Regulated area. Any quarantined State, territory, or district, or any portion thereof, listed as a regulated area in $ 301.52–2a by the Deputy Administrator in accordance with $ 301.52–2(a).
8 301.52–1 Definitions.
Terms used in the singular form in this subpart shall be deemed to import the plural, and vice versa, as the case may demand. The following terms, when used in this subpart, shall be construed, respectively to mean:
(a) Certificate. A document issued or authorized to be issued under this subpart by an inspector to allow the interstate movement of regulated articles to any destination.
(b) Compliance agreement. A written agreement between a person engaged in growing, handling, or moving regulated articles, and the Plant Protection and Quarantine Programs, wherein the former agrees to comply with the requirements of this subpart identified in the agreement by the inspector who executes the agreement on behalf of the Plant Protection and Quarantine Programs as applicable to the operations of such person.