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occurred generally East of the Appalachian Mountains from Boston, Massachusetts, to Norfolk, Virginia, and in Pittsburgh, Pennsylvania, and Clarksburg and Morgantown, West Virginia. It is anticipated that aircraft disinsectization will be required in these same areas but it may also be required in other areas. The inspector will give advance notice of disinsectization requirements to the operators of the fields concerned.

(d) Treatment. The following insecticide and disinsectization method are prescribed:

(1) The insecticide preferably shall be Insecticidal Aerosol No. G-1029, although Insecticidal Aerosols Nos. G-651 or G-382 are acceptable. The formulas of these three aerosols are as follows: Formula G-1029

Contents:

Pyrethrum extract, purified (20 per

Percent by weight

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(2) The method of disinsectization shall be as follows:

(i) The insecticide shall be dispersed throughout the fuselage in the amount of not less than 20 grams for each 1,000 cubic feet of enclosed space in the manner prescribed by the inspector. The fuselage shall be kept closed for at least 5 minutes after such dispersal, and thereafter shall be protected from infestation prior to loading.

(ii) The insecticide shall be dispersed before the plane is loaded, and in the absence of passengers, crew, or any other person, and before loading of any baby chicks or other animals.

(iii) On flights proceeding nonstop to destinations outside the regulated area, a similar dosage should be dispersed in all baggage compartments after loading and before departure.

(iv) On flights not proceeding nonstop to destinations outside the regulated area, such a dosage shall be dispersed in all baggage compartments after loading, before departure from each infested field within the regulated area.

(e) Residual sprays. Residual sprays shall be applied to the lower walls and floors of baggage and freight compartments of all aircraft to be moved interstate from any Japanese beetle regulated area described in § 301.48-2 to any nonregulated area or any protected area from such fields and during such periods of the summer as may be determined by the inspector to involve hazards of Such sprays Japanese beetle spread. shall be applied initially upon notice from the inspector and at 30-day intervals thereafter until further notice. Since there is no suitable residual spray now available commercially, airline operators will apply federally-supplied residual spray material in a manner to be demonstrated by an inspector.

(f) Liability. No liability shall be attached to the Department of Agriculture or any of its employees for any damage sustained through or in the course of disinsectization.

(g) Inspection of passengers and crew. Japanese beetles are often carried into planes on the clothing and hand baggage All airline emof passengers and crew.

ployees are requested to assist in detecting and removing such beetles at all loading points within the regulated area. [19 F. R. 4579, July 24, 1954]

§ 301.48-9 Inspection of shipments en route. Any means of conveyance or container moving interstate which the inspector has probable cause to believe carries or contains any Japanese beetles the transportation of which is illegal or any other articles the movement of which is controlled by § 301.48 and the regulations in this subpart shall be subject to inspection by an inspector at any time or place. When such means of conveyance or container is found to involve a hazard of the spread of the Japanese beetle, thorough cleaning or treatment may be required by the inspector in accordance with procedures under § 301.48-8.

§ 301.48-10 Shipments for experimental and scientific purposes. Live Japanese beetles in any stage of development may be removed from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia and other articles subject to the requirements of the regulations in this subpart may be moved, for experimental or other scientific purposes, on such conditions and under such safeguards as may be prescribed by the Chief of the Plant Pest Control Branch. The container of articles so moved shall bear, securely attached to the outside thereof, an identifying tag from the Plant Pest Control Branch.

SUBPART-PINK BOLLWORM

SOURCE: §§ 301.52 to 301.52-13 appear at 20 F. R. 4935, July 12, 1955.

QUARANTINE

§ 301.52 Notice of quarantine. Under the authority conferred by section 8 of the Plant Quarantine Act of August 20, 1912, as amended (7 U. S. C. 161) and after public hearings as required thereunder, the States of Arizona, Arkansas, Louisiana, New Mexico, Oklahoma, and Texas are hereby quarantined to prevent the spread of the pink bollworm, and under the authority contained in said Plant Quarantine Act (7 U. S. C. 151 et seq.) and in the Insect Pest Act of March 3, 1905 (7 U. S. C. 141 et seq.), the regulations hereinafter set forth shall govern the movement of pink bollworms and carriers thereof. Hereafter (a) okra and kenaf, including all parts of the plants; (b) cotton and wild cotton, including all parts of both cotton and wild cotton plants, seed cotton, cotton lint, linters, waste products, including motes, derived from the milling of cottonseed, gin waste, gin trash, all other forms of unmanufactured cotton fiber, cottonseed, cottonseed hulls, cottonseed cake, and cottonseed meal; (c) bagging and other containers and wrappers for cotton and cotton products; (d) railway cars, trucks, and other means of transportation which have been used in conveying regulated cotton or cotton products or which are contaminated therewith or with live pink bollworms; and (e) when contaminated with live pink bollworms or regulated cotton or cotton products, any other commodities, including picking, ginning, and oil mill equipment and other cotton processing machinery and cotton harvesting ma

chinery, other farm equipment, farm household goods, and farm products; shall not be shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person from any of said quarantined States into or through any other State or Territory or District of the United States in manner or method or under conditions other than those prescribed in the regulations hereinafter made and amendments thereto: Provided, That the requirements of this quarantine and of the rules and regulations supplemental hereto are hereby limited to the area in a quarantined State which is now, or which may hereafter be designated by the Administrator of the Agricultural Research Service as coming within the regulated area, as long as, in the judgment of the said Administrator, the enforcement of the said rules and regulations as to such regulated area shall be adequate to prevent the spread of the pink bollworm, except that such limitation is further conditioned upon the affected State or States providing for and enforcing control of the intrastate movement of the regulated articles under the same conditions as those which apply to their interstate movement under the provisions of the currently existing Federal quarantine regulations, and upon their enforcing such control and sanitation measures with respect to such area or portions thereof as, in the judgment of the said Administrator, shall be deemed adequate to prevent the intrastate spread therefrom of the said insect infestation: Provided further, That whenever the Chief of the Plant Pest Control Branch shall find that facts exist as to pest risk involved in the movement of one or more of the articles to which the regulations supplemental hereto apply, making it safe to modify, by making less stringent, the requirements contained in any such regulations, he shall set forth and publish such finding in administrative instructions, specifying the manner in which the applicable regulations should be made less stringent, whereupon such modification shall become effective, for such period and for such portion of the regulated area and for such article or articles as shall be specified in said administrative instructions.

REGULATIONS

§ 301.52-1 Definitions. For the purposes of the regulations in this subpart the following words, names, and terms shall be construed respectively to mean: (a) Pink bollworm. The insect known as the pink bollworm of cotton (Pectinophora gossypiella Saund.), in any stage of development.

(b) Cotton. All parts of cotton and wild cotton plants of the genera Gossypium and Thurberia, except cotton products.

(c) Cotton products. Seed cotton, cotton lint, linters, oil mill waste, gin waste, gin trash, all other forms of unmanufactured cotton fiber, cottonseed, cottonseed hulls, cottonseed cake, and cottonseed meal.

(d) Seed cotton. All forms of cotton lint from which the seed has not been separated.

(e) Lint. All forms of raw ginned cotton except linters and waste.

(f) Linters. All forms of unmanufactured cotton fiber separated from cottonseed after the lint has been removed, other than waste.

(g) Gin waste. All forms of unmanufactured waste cotton fiber (including gin motes) resulting from the ginning of seed cotton.

(h) Oil mill waste. Waste products, including motes, derived from the milling of cottonseed.

(i) Gin trash. All of the material produced during the cleaning and ginning of seed cotton, bollies or snapped cotton except the lint, cottonseed, and gin waste.

(j) Okra (Hibiscus esculentus). All parts of okra plants, including seeds and edible and dry pods.

(k) Kenaf (Hibiscus cannabinus L.). All parts of kenaf plants, including seeds and pods.

(1) Regulated articles. Products and articles that may move under the regulation in this subpart.

(m) Approved. Officially sanctioned by the Chief of the Plant Pest Control Branch.

(n) Certificate. An approved document issued by an inspector evidencing the apparent freedom of regulated articles from the pink bollworm.

(0) Limited permit. An approved document issued by an inspector to al

low movement of noncertified, regulated articles to or from approved gins, oil mills, or processing or manufacturing plants.

(p) Dealer-carrier permit. An approved document issued to persons engaged in ginning, manufacturing, processing, or handling regulated articles for subsequent movement from or within the regulated area, or to persons mɔving regulated articles from or within the regulated area.

(q) Infestation (infested). The presence of the pink bollworm. ("Infested" shall be construed accordingly.)

(r) Moved (movement and move). Shipped, offered for shipment to a common carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved by any person from any part of the regulated area in any State, into or through any other State, Territory, or District of the United States. ("Movement" and "move" shall be construed accordingly.)

(s) Chief of the Branch. The Chief of the Plant Pest Control Branch.

(t) Inspector. An inspector of the United States Department of Agriculture.

(u) Heat treatment. Treatment of cottonseed at an approved plant whereby the cottonseed is heated to a temperature of 150° F. for a minimum period of 30 seconds, under the supervision of an inspector, and subsequently protected from contamination.

(v) Alternate treatment. A treatment applied under the observation of an inspector in accordance with methods selected by him from administratively authorized procedures known to be effective under the conditions applied.

§ 301.52-2 Regulated area. The following are hereby designated as a single, continuous regulated area within the meaning of the regulations in this subpart:

Arizona. Counties of Cochise, Graham, Greenlee, and Santa Cruz, and all of Pima County except that portion lying west of the west line of Range 9 East.

Arkansas. Counties of Calhoun, Clark, Columbia, Conway, Crawford, Dallas, Franklin, Garland, Hempstead, Hot Springs, Howard, Johnson, Lafayette, Little River, Logan, Miller, Montgomery, Nevada, Ouachita, Perry, Pike, Polk, Pope, Scott, Sebastian, Sevier, Union, and Yell.

Louisiana. Parishes of Allen, Beauregard, Biehville, Bossier, Caddo, Calcasieu, Cameron, Claiborne, De Soto, Jefferson Davis, Lincoln, Natchitoches, Red River, Sabine, Union, Vermilion, Vernon, and Webster.

New Mexico. Counties o: Catron, Chaves, Curry, De Baca, Dona Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Quay, Roosevelt, Sierra, Socorro, and Valencia.

Oklahoma. The entire State.
Texas. The entire State.

The

§ 301.52-3 Regulated articles. following shall not be moved from or within the regulated area except as hereinafter provided: cotton; cotton products; okra; kenaf; bagging and other containers and wrappers for cotton and cotton products; railway cars, trucks, and other means of transportation which have been used in conveying regulated cotton or cotton products or which are contaminated therewith or with live pink bollworms; and, when contaminated with live pink bollworms or regulated cotton or cotton products, any other commodities, including picking, ginning, and oil mill equipment and other cotton processing machinery and cotton harvesting machinery, other farm equipment, farm household goods, and farm products. Live pink bollworms shall not be removed from any State, or Territory or the District of Columbia into any other State, or Territory, or the District of Columbia, except as hereinafter provided.

§ 301.52-4 Unregulated movement of certain regulated articles. No restrictions are imposed on the movement within the regulated area of baled or unbaled lint, cottonseed cake, and cottonseed meal; nor upon the movement to any destination of samples of lint and linters of the usual trade size: Provided, That the bales of lint or linters from which the samples have been taken have been produced in an approved gin or oil mill and the samples have been subsequently protected from contamination; nor upon the movement to any destination of bagging and other containers and wrappers for cotton and cotton products not contaminated with either live pink bollworms, or regulated cotton or cotton products; nor upon the movement to any destination of any means of transportation which have been used in conveying regulated cotton or cotton products but are not within § 301.52-8, except as otherwise provided in § 301.52-5 (d) (2) (iv).

§ 301.52-5 Conditions governing movement of regulated articles-(a) Seed cotton. Seed cotton produced in the regulated area may be moved within or from such area without limited permit or certificate, if destined to another point within the regulated area or to a contiguous nonregulated area, solely for ginning at a gin approved to receive such seed cotton.

(b) Baled lint. Baled lint produced at approved gins in the regulated area may be moved from the regulated area to a nonregulated area under a certificate if it has been given standard or equivalent compression at an approved plant or has been given approved fumigation under the supervision of an inspector and has been subsequently protected from contamination. For the purposes of such compression, baled lint may be moved under limited permit to an approved plant in an adjacent nonregulated area.

(c) Baled linters. (1) Baled linters produced at an approved plant from cottonseed that has received an approved treatment and has been subsequently protected from contamination may be moved from the regulated area to any destination under a certificate.

(2) Baled linters produced at an approved plant from untreated cottonseed and given standard or equivalent compression at an approved plant or other approved treatment and subsequently protected from contamination may be moved from the regulated area to any destination under a certificate.

(3) Baled linters produced at an approved plant from untreated cottonseed may be moved under limited permit to any destination within the regulated area in New Mexico, Oklahoma, or Texas; to any noncotton-producing State; or to an approved cellulose plant at any location; for processing.

(d) Cottonseed. (1) Cottonseed produced at approved gins in that part of the regulated area in Arkansas, Arizona, or Louisiana, or in those counties of New Mexico or Texas where gins are required to heat treat cottonseed as a continuous process of ginning' may be moved under certificate to any destination if such cottonseed has received an

1 The Chief of the Branch will make public a list or a map of the regulated area showing the counties in which gins are required to heat treat cottonseed as a continuous process of ginning.

approved heat treatment at the gin where produced and is subsequently protected from contamination.

(2) Cottonseed produced in Oklahoma and in those counties of Texas and New Mexico where the gins are not required to heat treat cottonseed as a continuous process of ginning may be moved when it meets the requirements of any one of the following procedures:

(i) Such seed may be moved without certificate or limited permit to approved oil mills located in Oklahoma or those counties in Texas or New Mexico where gins are not required to heat treat cottonseed as a continuous process of ginning, for processing.

(ii) Such seed may be moved under limited permit to approved oil mills located in that part of the regulated area where gins are required to heat treat cottonseed as a continuous process of ginning, for treatment upon arrival.

(iii) Such seed may be moved under certificate to any destination when it has received an approved treatment under supervision of an inspector and is subsequently protected from contamination.

(iv) Railway cars, trucks, and other means of transportation moving such seed in accordance with any of the procedures specified in this subparagraph must be cleaned or treated under the supervision of an inspector immediately after unloading.

(e) Cottonseed cake and meal. Cottonseed cake and meal produced at an approved oil mill in the regulated area from treated or untreated seed and subsequently protected from contamination may be moved to any destination within the regulated area without restriction, but may be moved to destinations in a nonregulated area only under a certifi

cate.

(f) Cottonseed hulls. (1) Cottonseed hulls produced at an approved oil mill from cottonseed that has been given approved treatment and subsequently protected from contamination may be moved to any destination under a certificate.

(2) Cottonseed hulls produced at an approved oil mill from untreated cottonseed may be moved under limited permit to any destination within that part of the regulated area in New Mexico, Oklahoma, or Texas, or to any noncotton-producing State, for utilization.

Such products may be certified for movement to any destination after they have received an approved treatment under the supervision of an inspector and have been subsequently protected from contamination.

(g) Oil mill waste. (1) Oil mill waste produced at an approved oil mill from cottonseed that has been given an approved treatment and has been subsequently protected from contamination may be moved to any destination under a certificate.

(2) Oil mill waste produced from untreated seed may be moved under a certificate to any destination after it has received approved fumigation or other approved treatment.

(h) Cottonseed meats. All cottonseed meats (whole cottonseed from which the hulls or outer coverings have been removed) produced from untreated cottonseed may be moved under limited permit for further processing to any approved mill within that part of the regulated area in New Mexico, Oklahoma, or Texas. Cottonseed meats from treated cottonseed, when subsequently protected from contamination, may be moved to an approved oil mill in the regulated area without certificate or limited permit and may be moved to any destination under a certificate.

(i) Baled gin waste. Baled gin waste produced at approved gins in the regulated area may be moved under a certificate to nonregulated areas after such baled gin waste has received an approved treatment under the supervision of an inspector.

(j) Gin trash. Gin trash may be moved from a regulated area to any destination under a certificate when such gin trash has been given an approved fumigation or other approved treatment under the supervision of an inspector and has been subsequently protected from contamination.

(k) Kenaf. Kenaf produced in the regulated area may be moved without certificate or limited permit to any destination when produced under such conditions as in the judgment of the inspector render it free from infestation. Otherwise, it may be moved only under a certificate after it has received an approved treatment under the supervision of an inspector.

(1) Okra-(1) Okra seed. Okra seed produced in the regulated area may be

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