[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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec.  301.51-5.
---------------------------------------------------------------------------

    (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.