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Friday, November 20, 1959

FEDERAI REGISTER

ii Supervision of approved fumiga iv Certification. Yams w ill be cer tion chambers will, if practicable, be car tified by a representative of the Plant ried on as a part of normal port inspec Quarantine Division in Cuba for entry tion activities. W hen so available such into the United States upon the basis supervision will be furnished without of treatment under this subparagraph cost to, the owner of . the yams or his and compliance with the posttreatment representative.
safeguard requirements imposed by such 4 Costs. All costs of treatment and representative. The final release of the required safeguards and supervision, yams for entry into the United States other than the services of the supervis will be conditioned upon compliance with ing inspector during regularly assigned such requirements and upon satisfactory hours of duty and at the usual-place of inspection on arrival to determine effi duty, shall be borne by the owner of the cacy of treatment.
yams, or his representative.
v Costs. All costs incident to fum i 5 Department not responsible for gation, including those for construction, damage. While the prescribed treat equipping, maintaining and operating ment is judged from experimental tests fumigation plants and facilities, and car to be safe for use with yams, the De rying out requirements of posttreatment partment assumes no responsibility for safeguards, and all costs as indicated any damage sustained through or in the in subdivision ii of this subparagraph course of treatment or because of pre incident to plant approval and supervi treatment or posttreatment safeguards. sion of treatment and subsequent han b Alternate procedures. 1 Yams dling of the yams in Cuba shall-be borne produced in Japan and offered for entry by the owner of the yams or his repre under a permit issued in accordance with sentative.
319.56-2 shall be subject to examina vi Department not responsible for tion by an inspector at the port of entry. damage. The treatment prescribed in If this examination shows the yams to paragraph a 2 of this section is be free of plant pests, they may be im judged from experimental tests to be ported without the fumigation required safe for use with yams. However, the by paragraph a of this section.
Department assumes no responsibility 2
Yams produced in Cuba, if satis for any damage sustained through or in factorily treated in Cuba and otherwise the course o f treatment, or because of handled and certified as provided in this posttreatment safeguards.
subparagraph will be eligible for entry vii Ports of entry. Yams to be of under permit under 319.56-2.
fered for entry in accordance with the i Approved fumigation. The yams alternate procedure provided for in this shall be fumigated at approved plants in subparagraph may be entered under per Cuba in accordance with paragraph mit under 319.56-2 at any United a 2 of this section.
States port where an inspector is sta ii Approval of fumigation plants; tioned.
costs of supervision. Fumigation in viii Ineligible shipments. Any ship Cuba will be contingent upon the avail ments of yams produced in Cuba that ability of a fumigation plant, approved are not eligible for certification under by the Director of the Plant Quarantine the alternate procedure provided for in Division, to apply the treatment pre scribed in paragraph a 2 of this sec this subparagraph may enter only upon tion and upon the availability of quali compliance with paragraph a of this fied personnel for assignment to approve section.
the plant and to supervise the treatment Sec. 9, 37 Slat. 318; 7 U.S.C. 162. Interprets and posttreatment handling of the yams or applies sec. 5, 37 Stat. 316; 7 U.S.C. 159;
in Cuba. Those in interest must make 19 F.R. 74, as amended; 7 CFR 319.56-2, as amended
advance arrangements for approval of the fumigation plant and for supervision, These amended administrative instruc and furnish the Director of the Plant tions shall become effective November Quarantine Division with acceptable as 20,1959.
surances that they will provide, without This amendment extends to all coun cost to the United States Department of tries the privilege of shipping yams to the Agriculture, for all transportation, per United States under permit subject to diem, and other incidental expenses of fumigation at the port of entry. Pre such personnel and compensation for viously this privilege was limited to yams such personnel for their services in excess from the West Indies. A further excep Qf 40 hours weekly, in connection with tion is made in respect to yam importa such approval and supervision, according tions from Japan, since there are no yam to the rates established for the payment pests of plant quarantine significance of inspectors of the JPlant Quarantine known to exist in that country. Unless Division.
inspection of such imports from Japan iii Supervision of fumigation and indicates their infestation or infection subsequent handling. The fumigation with important plant pests, the yams will prescribed in this paragraph and the sub be eligible for importation without sequent handling of the yams so fumi fumigation.
gated must be under the supervision of Since these administrative instructions a representative of the Plant Quarantine relieve restrictions, they are within the Division. The treated yams must be exception in section 4c of the Admin safeguarded against insect infestation istrative Procedure Act 5 U.S.C. 1003
during the period prior to shipment from c and may properly be made effective Cuba, in a manner required by such less than 30 days after their publication representative.
in the F e d e r a l R e g is t e r .

9361
Done at Washington, D.C., this 17th day of November 1959.
E . P. R e a g a n ,
seal
Director, Plant Quarantine Division.
F.R.

Doc.

59-9829; Filed, Nov. 19, 1959;
8:48 a.m.

Chapter IX Agricultural Marketing Service Marketing Agreements and Orders, Department of Agriculture PART 914-tHANDLING OF NAVEL
ORANGES GROWN IN ARIZONA
AND DESIGNATED PART OF CALI
FORNIA
Quantity of Oranges Comprising a Carload Notice was published in the F ed er al R eg ister issue of November 3, 1959 24
F.R. 8935, that the Department was
giving consideration to a proposed amendment to the rules and regulations 7 CFR Part 914.100 et seq.; Subpart Rules and Regulations currently in ef fect pursuant to the amended market ing agreement and Order No. 14, as amended 7 CFR Part 9 14, regulating the handling of Navel oranges grown in Arizona and designated part of Califor nia, effective under the applicable pro visions of the Agricultural Marketing Agreement Act of 1937, as amended 7
U.S.C. 601-674.
After consideration of all relevant matter presented, including the proposal set forth in the aforesaid notice, which was submitted by the Navel Orange A d
ministrative Committee established pur suant to the said marketing agreement and order as the agency to administer the provisions thereof, it is hereby found that the amendment, as herein after s$t forth, of the said rules and regulations is in accordance with the provisions of the said marketing agree ment and order and will tend to effec tuate the declared purposes of the Agri cultural Marketing Agreement Act of 1937, as amended. Such amendment is hereby approved; and the said rules and regulations are hereby amended as follows:
1.
Add the following new paragraph to 914.100:
e Pursuant to 914.17, the quantity of oranges comprising a carload, as such term is therein defined, is hereby in creased from a quantity of oranges equiv alent to 924 cartons of oranges to a quantity of oranges equivalent to 1,000
cartons of oranges.
The provisions hereof shall become effective 30 days after publication in the F e d e r a l R e g is t e r .
Secs. 1-19, 48 Stat. 31, as amended; 7 US.O .
601-674

Dated: November 17, 1959.
G . R. G r a n g e , Acting Director, Fruit and Veg etable Division, Agricultural Marketing. Service.
F.R. Doc.

59-9845; Filed, Nov.
8:50 a m .

19, 1959;