(a)
Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a quarantined area in paragraph (c) of this section each State or each portion of a State in which the emerald ash borer has been found by an inspector, in which the Administrator has reason to believe that the emerald ash borer is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities where emerald ash borer has been found. Less than an entire State will be designated as a quarantined area only if the Administrator determines that:
(1)
The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and
(2)
The designation of less than an entire State as a quarantined area will be adequate to prevent the artificial interstate spread of the emerald ash borer.
(b)
The Administrator or an inspector may temporarily designate any nonquarantined area as a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The Administrator will give written notice of this designation to the owner or person in possession of the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the management of the nonquarantined area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the designation. The owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated will be given written notice of the termination as soon as practicable.
(c)
The following areas are designated as quarantined areas:
The entire State.
The entire State.
Boone County. The entire county.
Bourbon County. The entire county.
Campbell County. The entire county.
Carroll County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Gallatin County. The entire county.
Grant County. The entire county.
Greenup County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Jefferson County. The entire county.
Jessamine County. The entire county.
Kenton County. The entire county.
Oldham County. The entire county.
Owen County. The entire county.
Pendleton County. The entire county.
Scott County. The entire county.
Shelby County. The entire county.
Trimble County. The entire county.
Woodford County. The entire county.
Charles County. The entire county.
Prince George's County. The entire county.
Hennepin County. The entire county.
Houston County. The entire county.
Ramsey County. The entire county.
Wayne County. The entire county.
Cattaraugus County. The entire county.
Chautauqua County. The entire county.
The entire State.
The entire State.
Code of Federal Regulations
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR 10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24, 2006; 71 FR 57873, Oct. 2, 2006; 72 FR 15598, Apr. 2, 2007; 72 FR 30460, June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010]