City of Fredericksburg. The entire city. City of Virginia Beach. The entire city. Caroline County. The entire county. King George County. The entire county. entire Westmoreland County. The entire county. York County. The entire county. (2) Low-risk area. None. WEST VIRGINIA (1) High-risk area. Barbour County. The entire county. [53 FR 34018, Sept. 2, 1988, and 53 FR 49974, Dec. 13, 1988, as amended at 54 FR 31007, July 26, 1989] § 301.45-2b [Reserved] § 301.45-2c List of hazardous recreational vehicle sites. The recreational vehicle sites listed below are designated as gypsy moth hazardous recreational vehicle sites within the meaning of the provisions of this subpart as indicated below. Hazardous Recreational Vehicle Sites CONNECTICUT Litchfield County. Goshen: Valley of the Pines. Kent: Housatonic Meadows State Park and Lake Waramaug State Park. Southbury: Kettletown State Park. Watertown: Blackrock State Park. New London County. Lebanon: Water's Edge. County. The MAINE Cumberland County. Bridgton: Long Lake Campground. Freeport: Recompence Shore Campsites. Naples: Bay of Naples Campground, Brandy Pond Camps, and Sebago Lake State Park. Pownal: Bradbury Mountain State Park. Raymond: Indian Point Tent & Trailer Park. South Casco: Point Sebago. Knox County. Camden: Camden Hills State Park. Lincoln County. Damariscotta: Lake Pemaquid. Oxford County. Denmark: Pleasant Mountain Campground. Fryeburg: Swan's Falls Campground. Porter: Ossippee River Campground. York County. Eliot: Indian River Campground. Kennebunk: Yankeeland Camp 40-013 0-90--2 ground. Sanford: Sanford-Wells. East Waterboro: Honnewell Campground. MASSACHUSETTS Barnstable County. Brewster: R. C. Nickerson State Park. Berkshire County. North Adams: Historic Valley. Bristol County. East Taunton: Massasoit State Park. Franklin County. Bernardston: Purple Meadow. Erving: Laurel Lake, Erving State Forest. Orange: The Ranch and Wagon Wheel. Whately: White Birch. Hampden County. Westfield: Sunnyside. Middlesex County. Ashby: Damon Pond Campground, Willard Brook State Forest. North Reading: Harold Parker State Forest. West Townsend: Pearl Hill State Park. Plymouth County. Hingham: Wompatuck State Park. Worcester County. Sturbridge: Wells State Park. Winchedon: Lake Dennison State Park and Otter River State Forest. NEW HAMPSHIRE Belknap County. Belmont: Winnisquam Beach Campground. Gilford: Belknap County Recreational Area Campground. Laconia: Hack-Ma-Tack Camping and Weirs Beach Tent & Trailor Park. New Hampton: Twin Tamarack Campground. Carroll County. Albany: Blackberry Crossing, Covered Bridge, Pine Knoll Camping Area, and White Ledge, in White Mountain National Forest. Bartlett: Green Meadow Camping Area and Silver Spring Campground. Conway: Saco River Campground and Sit'N Bull Campground. Moultonboro: Arcadia Campground and Winnipesaukee KOA. Ossipee: Whittier Camping Area. Tamworth: White Lake State Park. Cheshire County. Jaffrey: Monadnock State Park Campground. Merrimack County. Allenstown: Bear Brook State Park. Franklin: Thousand Acre Campground. Henniker: Keyer Pond Campground. Loudon: Cascade Park Campground. Rockingham County. Nottingham: Pawtuckaway State Park. NEW JERSEY Morris County. Parsippany-Troy Hills Township: Brookwood Campground. NEW YORK Essex County. Port Henry: Bullwagga Bay Campsite and Port Henry Campground. Greene County. Haines Falls: North Lake State Campground. Orange County. Montgomery: Winding Hills. Rockland County. Stoney Point: Beaver Pond Campground in Harriman State Park. Suffolk County. Greenport: KOA Campground. Middle Island: Cathedral Pines. PENNSYLVANIA Bedford County. East Providence: Crestview Campground. Berks County. Greenwich: Old Dutch Mill and Blue Rocks. Bucks County. East Rockhill: Tohicken Family Campground. Haycock: Lake Towhee and Little Red Barn. Chester County. Schuylkill: Baker Park. Columbia County. Orange: Diehl's Campground. Cumberland County. Dickinson: Tag Run. Lancaster County. East Drumore: Woodland Acres. Salisbury: Wayside Woodland. West Donegal: Shaw-N-Tee. Luzerne County. Plymouth: Moon Lake. Monroe County. Pocono: Four Seasons. Northampton County. Moore: Evergreen Lakes. Pike County. Greene: Promised Land State Park. Lehman: Ken's Woods. Schuylkill County. Hedgins: Camp-AWhile. VERMONT Addison County. New Haven: Rivers Bend Campsites. Grande Isle County. North Hero: North Hero State Park. Rutland County. Huddardton: Big "D" Campground and Lake Bomoseen Campground. Poultney: St. Catherine State Park Campground. Windham County. Guilford: Fort Drummer State Park Campground. [46 FR 35909, July 13, 1981] § 301.45-3 Conditions governing the interstate movement of regulated articles from quarantined States." (a) A regulated article shall not be moved interstate from any high-risk area into or through any nonregulated area unless a certificate or permit has been issued and attached to such regulated article in accordance with §§ 301.45-4 and 301.45-7. (b) A regulated article shall not be moved interstate from any low-risk area into or through any nonregulated area when it is determined by an inspector that any life stage of the gypsy moth is on the regulated article, and the person in possession thereof has been so notified by an inspector, "Requirements under all other applicable Federal domestic plant quarantines must also be met. unless a certificate or permit has been issued and attached to such regulated articles in accordance with §§ 301.45-4 and 301.45-7. (c) A regulated article originating outside of any high-risk area, except any regulated article in any low-risk area determined by an inspector to present a hazard of spreading the gypsy moth pursuant to paragraph (b) of this section, may be moved interstate directly through any high-risk area without a certificate or permit, if the point of origin of the article is clearly indicated by shipping documents, their identity has been maintained, and they have been safeguarded against infestation while in any high-risk area. [45 FR 15510, Mar. 11, 1980, as amended at 51 FR 21137, June 11, 1986] § 301.45-4 Issuance and cancellation of certificates and permits. (a) A certificate may be issued by an inspector for the movement of a regulated article if such inspector determines that it is eligible for certification for movement to any destination under all Federal domestic plant quarantines applicable to such article and: (1) It has originated in noninfested premises in a high-risk area and has not been exposed to the gypsy moth while within the high-risk area; or (2) Upon the inspector's examination, he finds it to be free of the gypsy moth; or (3) It has been treated under the direction of an inspector to destroy the gypsy moth in accordance with the treatment manual; or (4) It has been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby as determined by an inspector. (b) Limited permits may be issued by an inspector to allow interstate movement of any regulated article under this subpart, to specified destinations for specified handling, utilization, processing, or for treatment in accordance with the treatment manual, when, upon evaluation of all of the circumstances involved in each case, the Deputy Administrator determines that such movement will not result in the spread of the gypsy moth because life stages of the moths will be destroyed by such specified handling, utilization, processing or treatment or the pest Iwill not survive in areas to which shipped, and the requirements of all other applicable Federal domestic plant quarantines have been met. (c) Certificate and limited permit forms may be issued by an inspector to any person for use for subsequent shipments of regulated articles provided such person is operating under a compliance agreement, and any such person may be authorized by an inspector to reproduce such forms on shipping containers or otherwise for the movement of regulated articles. Any such person may execute and issue the certificate forms or reproduction of such forms, for the interstate movement of regulated articles from the premises of such person identified in the compliance agreement if such person has treated such regulated articles to destroy infestation in accordance with the treatment manual, and if such regulated articles are eligible for certification for movement to any destination under all applicable Federal domestic plant quarantines. Any such person may execute and issue the limited permit forms, or reproductions of such forms, for interstate movement of regulated articles to specified destinations when the inspector has made the determinations specified in paragraph (b) of this section. (d) Any certificate or permit which has been issued or authorized may be withdrawn by an inspector if he determines that the holder thereof has not complied with any condition for the use of such document. The reasons for the withdrawal shall be confirmed in writing as promptly as circumstances permit. Any person whose certificate or permit has been withdrawn may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving the written notification of the withdrawal. The appeal shall state all of the facts and reasons upon which the person relies to show that the certificate or permit was wrongfully withdrawn. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for his decision as promptly as circumstances permit. If there is a conflict as (a) Any person engaged in the business of growing, handling, or moving regulated articles may enter into a compliance agreement to facilitate the movement of such articles under this subpart. A compliance agreement shall specify safeguards necessary to prevent spread of the gypsy moth, such as disinfestation practices or application of chemical materials. Compliance agreement forms may be obtained from the Deputy Administrator or an inspector. (b) Any compliance agreement may be canceled by the inspector who is supervising its enforcement, orally or in writing, whenever the inspector finds that such person has failed to comply with the conditions of the agreement. If the cancellation is oral, the decision and the reasons therefore shall be confirmed in writing, as promptly as circumstances permit. Any person whose compliance agreement has been canceled may appeal the decision in writing to the Deputy Administrator within ten (10) days after receiving written notification of the cancellation. The appeal shall state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Deputy Administrator shall grant or deny the appeal, in writing, stating the reasons for such decision, as promptly as circumstances permit. If there is a conflict as to any material fact, a hearing shall be held to resolve such conflict. [45 FR 15510, Mar. 11, 1980, as amended at 51 FR 21137, June 11, 1986] § 301.45-6 Assembly and inspection of regulated articles. Persons (other than those authorized to use certificates or limited permits, or reproductions thereof, under § 301.45-4(c)) who desire to move interstate a regulated article which must be accompanied by a certificate or permit shall, as far in advance as possible, (should be no less than 48 hours before the desired movement), request an inspector to examine the articles prior to movement. Such article shall be assembled at such point and in such manner as the inspector designates to facilitate inspection. [45 FR 15510, Mar. 11, 1980] § 301.45-7 Attachment and disposition of certificates and permits. (a) A certificate or limited permit required for the interstate movement of a regulated article, at all times during such movement, shall be securely attached to the outside of the container containing the regulated article, or securely attached to the article itself if not in a container, or securely attached to the consignee's copy of the waybill or other shipping document: Provided, however, That the requirements of this section may be met by attaching the certificate or limited permit to the consignee's copy of the waybill or other shipping document only if the regulated article is sufficiently described on the certificate, limited permit, or shipping document to identify such article. (b) The certificate or limited permit for the movement of a regulated article shall be furnished by the carrier to the consignee at the destination of the shipment. [45 FR 15510, Mar. 11, 1980] § 301.45-8 Inspection and disposal of regulated articles, outdoor household articles and pests. Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles, outdoor household articles and gypsy moths as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd). [45 FR 15510, Mar. 11, 1980, as amended at 48 FR 39601, Sept. 1, 1983; 51 FR 21137, June 11, 1986] § 301.45-9 Movement of live gypsy moths. Regulations requiring a permit for and otherwise governing the movement of live gypsy moths in interstate interstate movement of outdoor household articles from quarantined States." (a) No outdoor household article shall be moved interstate from a gypsy moth high-risk area into or through any nonregulated area unless; (1) Such outdoor household article is free from all life stages of the gypsy moth at the time ot the intertstate movement; or (2) Such outdoor household article is accompanied by an OHA document issued by a qualified certified applicator in accordance with the provisions of §§ 301.45-12 and 301.45-13 within five calendar days of the interstate movement from a gypsy moth highrisk area; or (3) Such outdoor household articles are brought in by vacationers to the gypsy moth high-risk areas. [48 FR 39601, Sept. 1, 1983] § 301.45-12 Issuance of OHA document. (a) An OHA document may be issued by a qualified certified applicator for the interstate movement of any outdoor household article if such qualified certified applicator determines the following: (1) That the outdoor household article has been inspected by or under the direct supervision of the qualified certified applicator and found to be free of any life stage of the gypsy moth; or (2) That the outdoor household article has been treated by or under the "Requirements under all other applicable Federal domestic plant quarantines must also be met. direct supervision of the qualified certified applicator to destroy any life stage of the gypsy moth in accordance with methods and procedures prescribed in section III.C.5 of the Appendix to Subpart ("Treatment of Outdoor Household Articles"). (Approved by the Office of Management and Budget under control number 05790074) [48 FR 39601, Sept. 1, 1983, as amended at 48 FR 57466, Dec. 30, 1983] § 301.45-13 Attachment of OHA document. (a) An OHA document used in the interstate movement of any outdoor household article shall, at all times during such movement, accompany the vehicle carrying such outdoor household article. (b) The OHA document covering the movement of outdoor household articles shall be furnished by the carrier to the consignee at the destination of the shipment. [48 FR 39602, Sept. 1, 1983] § 301.45-14 Disqualification of qualified certified applicator to issue OHA documents. (a) Any qualified certified applicator may be disqualified from issuing OHA documents by the Deputy Administrator if he determines that one of the following has occurred: (1) Such person is not certified by a State and/or Federal Government as a commercial certified applicator under FIFRA in a category allowing use of the restricted pesticides recommended for use in treating outdoor household articles for gypsy moth as provided in section III.C.5 of the Appendix to the Subpart-Portion of "Gypsy Moth and Browntail Moth Program Manual"; or (2) Noncompliance with any of the provisions of this subpart (b) The disqualification is effective upon oral or written notification, whichever is earlier. The reasons for the disqualification shall be confirmed in writing as promptly as circumstances permit, unless contained in the written notification. Any qualified certified applicator who is disqualified from issuing OHA documents may appeal the decision in writing to the |