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(ii) Has been grown,produced,manufactured,stored,or handled in a manner that,in the <br /> judgment of the inspector,prevents the regulated article from presenting a risk of spreading <br /> EAB; and <br /> (2) Is to be moved in compliance with any additional emergency conditions that the <br /> Administrator may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)2 in <br /> order to prevent the artificial spread of emerald ash borer; and <br /> 2An inspector may hold,seize, quarantine,treat,apply other remedial measures to, destroy, <br /> or otherwise dispose of plants,plant pests, or other articles in accordance with sections <br /> 414,421,and 423 of the Plant Protection Act(7 U.S.C. 7714, 7731,and 7754). <br /> (3) Is eligible for unrestricted movement under all other Federal domestic plant <br /> quarantines and regulations applicable to the regulated articles. <br /> (b)An inspector or a person operating under a compliance agreement will issue a limited <br /> permit for the interstate movement of a regulated article not eligible for a certificate if he or <br /> she determines that the regulated article: <br /> (1) Is to be moved interstate to a specified destination for specific processing,handling, or <br /> utilization (the destination and other conditions to be listed on the limited permit),and this <br /> interstate movement will not result in the spread of emerald ash borer because emerald ash <br /> borer will be destroyed by the specific processing,handling, or utilization; and <br /> (2) Is to be moved in compliance with any additional emergency conditions that the <br /> Administrator may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714) in <br /> order to prevent the spread of emerald ash borer; and <br /> (3) Is eligible for unrestricted movement under all other Federal domestic plant <br /> quarantines and regulations applicable to the regulated article. <br /> (c)An inspector shall issue blank certificates and limited permits to a person operating <br /> under a compliance agreement in accordance with§301.53-6 or authorize reproduction of <br /> the certificates or limited permits on shipping containers, or both,as requested by the <br /> person operating under the compliance agreement.These certificates and limited permits <br /> may then be completed and used,as needed,for the interstate movement of regulated <br /> articles that have met all of the requirements of paragraph (a) or (b),respectively,of this <br /> section. <br /> (d) Any certificate or limited permit may be canceled orally or in writing by an inspector <br /> whenever the inspector determines that the holder of the certificate or limited permit has <br /> not complied with this subpart or any conditions imposed under this subpart. If the <br /> cancellation is oral,the cancellation will become effective immediately,and the cancellation <br /> and the reasons for the cancellation will be confirmed in writing as soon as circumstances <br /> permit.Any person whose certificate or limited permit has been canceled may appeal the <br /> decision in writing to the Administrator within 10 days after receiving the written <br /> cancellation notice.The appeal must state all of the facts and reasons that the person wants <br /> the Administrator to consider in deciding the appeal.A hearing may be held to resolve a <br /> conflict as to any material fact. Rules of practice for the hearing will be adopted by the <br /> Administrator.As soon as practicable,the Administrator will grant or deny the appeal,in <br /> writing,stating the reasons for the decision. <br /> (Approved by the Office of Management and Budget under control number 0579-0233) <br /> §301.53-6 Compliance agreements and cancellation. <br /> (a) Persons engaged in growing,handling,or moving regulated articles interstate may enter <br /> into a compliance agreement3 if such persons review with an inspector each provision of <br /> the compliance agreement.Any person who enters into a compliance agreement with APHIS <br /> must agree to comply with the provisions of this subpart and any conditions imposed under <br /> this subpart. <br />