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Compliance agreement.A written agreement between APHIS and a person engaged in
<br /> growing,handling, or moving regulated articles that are moved interstate,in which the
<br /> person agrees to comply with the provisions of this subpart and any conditions imposed
<br /> under this subpart.
<br /> Emerald ash borer. The insect known as emerald ash borer (Agrilus planipennis
<br /> [Coleoptera: Buprestidae]) in any stage of development.
<br /> Infestation. The presence of the emerald ash borer or the existence of circumstances that
<br /> make it reasonable to believe that the ash borer is present.
<br /> Inspector.Any employee of the Animal and Plant Health Inspection Service, or other
<br /> individual authorized by the Administrator to enforce the provisions of this subpart.
<br /> Interstate. From any State into or through any other State.
<br /> Limited permit.A document in which an inspector or a person operating under a compliance
<br /> agreement affirms that the regulated article not eligible for a certificate is eligible for
<br /> interstate movement only to a specified destination and in accordance with conditions
<br /> specified on the permit.
<br /> Moved(movement, move). Shipped, offered for shipment, received for transportation,
<br /> transported, carried, or allowed to be moved, shipped,transported, or carried.
<br /> Person.Any association, company, corporation, firm,individual,joint stock company,
<br /> partnership, society, or any other legal entity.
<br /> Quarantined area.Any State, or any portion of a State,listed in§301.53-3(c) or otherwise
<br /> designated as a quarantined area in accordance with§301.53-3(b).
<br /> Regulated article.Any article listed in §301.53-2(a) or otherwise designated as a regulated
<br /> article in accordance with§301.53-2(b).
<br /> State. The District of Columbia, Puerto Rico,the Northern Mariana Islands, or any State,
<br /> territory, or possession of the United States.
<br /> §301.53-2 Regulated articles.
<br /> The following are regulated articles:
<br /> (a) The emerald ash borer; firewood of all hardwood (non-coniferous) species; nursery
<br /> stock,green lumber,and other material living, dead,cut, or fallen,including logs, stumps,
<br /> roots,branches,and composted and uncomposted chips of the genus Fraxinus.
<br /> (b)Any other article,product, or means of conveyance not listed in paragraph (a) of this
<br /> section may be designated as a regulated article if an inspector determines that it presents a
<br /> risk of spreading emerald ash borer and notifies the person in possession of the article,
<br /> product, or means of conveyance that it is subject to the restrictions of the regulations.
<br /> [68 FR 59088, Oct. 8, 2003,as amended at 70 FR 252,Jan.4, 2005]
<br /> §301.53-3 Quarantined areas.
<br /> (a) Except as otherwise provided in paragraph (b) of this section,the Administrator will list
<br /> as a quarantined area in paragraph (c) of this section each State or each portion of a State in
<br /> which the emerald ash borer has been found by an inspector, in which the Administrator
<br /> has reason to believe that the emerald ash borer is present, or that the Administrator
<br /> considers necessary to regulate because of its inseparability for quarantine enforcement
<br /> purposes from localities where emerald ash borer has been found. Less than an entire State
<br /> will be designated as a quarantined area only if the Administrator determines that:
<br /> (1) The State has adopted and is enforcing restrictions on the intrastate movement of
<br /> regulated articles that are equivalent to those imposed by this subpart on the interstate
<br /> movement of regulated articles; and
<br /> (2) The designation of less than an entire State as a quarantined area will be adequate to
<br /> prevent the artificial interstate spread of the emerald ash borer.
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