Recreational vehicles. Highway vehicles, including pickup truck campers, one-piece motor homes, and travel trailers, designed to serve as temporary places of dwelling. Regulated articles. (1) Trees without roots (e.g., Christmas trees), trees with roots, and shrubs with roots and persistent woody stems, unless they are greenhouse grown throughout the year. (2) Logs, pulpwood, and wood chips. (3) Mobile homes and associated equipment. (4) Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that any life stage of gypsy moth is in proximity to such articles and the articles present a high risk of artificial spread of gypsy moth infestation and the person in possession thereof has been so notified. State. Any State, Territory, or District of the United States including Puerto Rico. Treatment manual. The provisions currently contained in the Gypsy Moth Program Manual2 and the Plant Protection and Quarantine Treatment Manual.3 Under the direction of. Monitoring treatments to assure compliance with the requirements in this subpart. Under the direct supervision of a qualified certified applicator. An inspection or treatment is considered to be applied under the direct supervision of a qualified certified applicator if the inspection or treatment is performed by a person acting under the instructions of a qualified certified applicator who is antine, or 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. 2 Pamphlets containing such provisions are available upon request to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth Program Manual are published as an appendix to these regulations. 3 The Plant Protection and Quarantine Treatment Manual is incorporated by reference. For the full identification of this standard, see $300.1 of this chapter, "Materials incorporated by reference." available if and when needed, even though such qualified certified applicator is not physically present at the time and place the inspection or treatment occurred. [58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994] §301.45-2 Authorization to designate and terminate designation of generally infested areas. (a) Generally infested areas. The Administrator shall list as generally infested areas in $301.45-3 each State or each portion thereof in which a gypsy moth general infestation has been found by an inspector, or each portion of a State which the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities; Except that, an area shall not be listed as a generally infested area if the Administrator has determined that: (1) The area is subject to a gypsy moth eradication program conducted by the Federal government or a State government in accordance with the Integrated Pest Management (IPM) alternative of the Final Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and Eradication Projects that was filed with the United States Environmental Protection Agency on March 18, 1985; and (2) State or Federal delimiting trapping surveys conducted in accordance with Section II, "Survey ProceduresGypsy Moth" of the Gypsy Moth Treatment Manual show that the average number of gypsy moths caught per trap is less than 10 and that the trapping surveys show that the eradication program is effectively diminishing the gypsy moth population of the area. (b) Less than an entire State will be designated as a generally infested area only if the Administrator has determined that: (1) The State has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which are substantially the same as those which are imposed with respect to the interstate movement of such articles under this subpart; and, (2) The designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth. (c) Temporary designation of areas as generally infested areas. The Administrator or an inspector may temporarily designate any area in any State as a generally infested area in accordance with the criteria specified in paragraph (a) of this section. An inspector will give written notice of the designation to the owner or person in possession of the area and thereafter, the interstate movement of any regulated article from such areas is subject to the applicable provisions of this subpart. As soon as practicable, each generally infested area will be added to the list in §301.45-3 or the designation will be terminated by the Administrator or an authorized inspector, and notice thereof shall be given to the owner or person in possession of the areas. (d) Termination of designation as a generally infested area. The Administrator shall terminate the designation of any area as a generally infested area whenever the Administrator determines that the area no longer requires designation under the criteria specified in paragraph (a) of this section. $301.45-3 Generally infested areas. (a) The areas described below are designated as generally infested areas: Connecticut The entire State. Delaware The entire State. District of Columbia The entire district. Maine Cumberland County. The entire coun ty. Franklin County. The townships of Avon, Carthage, Chesterville, Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, Washington, Weld, Wilton, Wyman, 6, D and E. Hancock County. The entire county. Kennebec County. The entire county. Knox County. The entire county. Lincoln County. The entire county. Oxford County. The townships of Adamstown, Albany, Andover, Andover North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, Upton, Waterford, Woodstock, C, and C Surplus. Penobscot County. The townships of Alton, Argyle, Bangor City, Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, LaGrange, Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, Mattawamkeag, Androscoggin County. The entire Maxfield, county. Aroosktook County. The townships of Medway, Milford, Millinocket, Newburgh, Newport, Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9 NWP, 5 R1 NBPP, and 2 R8 WELS. Piscataquis County. The townships of Abbott, Atkinson, Barnard, Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP. Sagadahoc County. The entire county. Somerset County. The townships of Anson, Athens, Bald Mountain, Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk, Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland Plantation, Lexington Plantation, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, Pleasant Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans, Starks, The Forks Plantation, and West Forks Plantation. Waldo County. The entire county. Washington County. The entire coun ty. York County. The entire county. Maryland The entire State. Massachusetts The entire State. Michigan Alcona County. The entire county. Eaton County. The entire county. Emmet County. The entire county. Genesee County. The entire county. Gladwin County. The entire county. Grand Traverse County. The entire county. Gratiot County. The entire county. Hillsdale County. The entire county. Huron County. The entire county. Ingham County. The entire county. Ionia County. The entire county. Iosco County. The entire county. Isabella County. The entire county. Jackson County. The entire county. Kalamazoo County. The entire county. Kalkaska 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 County. The entire county. Livingston County. The entire county. Luce County. The entire county. Mackinaw County. The entire county. Macomb County. The entire county. Manistee County. The entire county. Mason County. The entire county. Mecosta County. The entire county. Midland County. The entire county. Missaukee County. The entire county. Monroe County. The entire county. Montcalm County. The entire county. Montmorency County. The entire county. Muskegon County. The entire county. Newaygo County. The entire county. Oakland County. 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 coun ty. Roscommon County. The entire coun ty. Saginaw County. The entire county. ty. Tuscola County. The entire county. Van Buren County. The entire county. Washtenaw County. The entire coun ty. Wayne County. The entire county. Wexford County. The entire county. New Hampshire The entire State. New Jersey The entire State. New York The entire State. North Carolina Currituck County. The entire county. Dare County. The area bounded by a line beginning at the intersection of State Road 1208 and Roanoke Sound; then easterly along this road to its junction with State Road 1206; then southerly along this road to its intersection with U.S. Highway Business 158; then easterly along an imaginary line to its intersection with the Atlantic Ocean; then northwesterly along the coastline to its intersection with the Dare-Currituck County line; then westerly along this county line to its intersection with the Currituck Sound; then southeasterly along this sound to the point of beginning. Ohio Ashtabula County. The entire county. Carroll County. The entire county. Columbiana County. The entire coun ty. Cuyahoga County. The entire county. Pennsylvania The entire State. Rhode Island The entire State. Vermont The entire State. Virginia City of Alexandria. The entire city. City of Buena Vista. The entire city. Hancock County. The entire county. Hardy County. The entire county. Jefferson County. The entire county. Marion County. The entire county. Marshall County. The entire county. Mineral County. The entire county. Monongalia County. The entire coun ty. Morgan County. The entire county. Ohio County. The entire county. Pendleton County. The entire county. Pocahontas County. The entire coun ty. Preston County. The entire county. Randolph County. The entire county. Taylor County. The entire county. Tucker County. The entire county. Wetzel County. The entire county. [58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994] $301.45-4 Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas. (a) Regulated articles and outdoor household articles from generally infested areas. (1) A regulated article, except for an article moved in accordance with paragraph (c) of this section, shall not be moved interstate from any generally infested area into or through any area that is not generally infested unless a certificate or permit has been issued and attached to such regulated article in accordance with §§301.45-5 and 301.45-8.4 (2) An outdoor household article shall not be moved interstate from any generally infested area into or through any area that is not generally infested unless a certificate or OHA document has been issued and attached to such outdoor household article in accordance with §§ 301.45-5 and 301.45-8. (b) A regulated article originating outside of any generally infested area may be moved interstate directly through any generally infested area without a certificate or permit if the point of origin of the article is clearly indicated by shipping documents, its identity has been maintained, and it has been safeguarded against infestation while in any generally infested Requirements under all other applicable Federal domestic plant quarantines must also be met. |