Editorial Note on Subpart E of Part 301
Editorial Note: Nomenclature changes to part appear at 87 FR 80005, Dec. 29, 2022.

§ 301.45-2 Authorization to designate and terminate designation of quarantined areas. ( a ) Except as provided in paragraphs (a)(1) and (2) of this section, the Administrator will designate as a quarantined area each State or each portion of a State in which a gypsy moth 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. The Administrator will publish a list of all quarantined areas on the Plant Protection and Quarantine (PPQ) website at *www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth .* The list will include the date that the list was last updated. Lists of all quarantined areas may also be obtained by request from any local PPQ office; local offices are listed in telephone directories and on the internet at *www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/sphd .* After a change is made to the list of quarantined areas, APHIS will publish a notice in the Federal Register informing the public that the change has occurred and describing the change to the quarantined areas. Notwithstanding the criteria in the preceding sentences, an area will not be listed as a quarantined area if the Administrator determines 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 Eradication, Suppression, and Slow the Spread 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 January 16, 1996; and
( 2 ) State or Federal delimiting trapping surveys conducted in accordance with Section II, “Survey Procedures—Gypsy 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 quarantined 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 quarantined area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth.
( c ) Temporary designation of areas as quarantined areas. The Administrator or an inspector may temporarily designate any area in any State as a quarantined 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 quarantined area will be added to the list at *www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth* 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 quarantined area. The Administrator shall terminate the designation of any area as a quarantined area whenever the Administrator determines that the area no longer requires designation under the criteria specified in paragraph (a) of this section. APHIS will publish a notice in the Federal Register informing the public that the change has occurred.
[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007; 87 FR 80005, Dec. 29, 2022]