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960

F E D E R A L R E G IS T E R , Saturday, February 18, 1939

REGISTER
Published by the Division o f the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved JuVy 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, with the approval of the President.
The Administrative Committee consists of the Archivist or Acting Archivist, an officer of the Department o f Justice designated by the Attorney General, and the Public Printer or Acting Public Printer.
The dally issue of the F e d e r a l R e g iste r will be furnished by m ail to subscribers, free of postage, fo r $1 per m onth or $10 per year;
single copies 10 cents each; payable in ad vance. Remit by money order payable to Superintendent of Documents, Government Printing Office, W ashington,. D. C.
Correspondence concerning the publica tion of the F e d era l R e g is t e r should be ad dressed to the Director, Division of the Federal Register, T he National Archives, Washington, D. C.

Sec.
301.48301.48301.48301.48301.48-

c 1
1 d 1
e /
1 1g
Quarantined area.
Regulated area.
Fruits and vegetables.
Nursery and ornamental stock.
Sand, soil, earth, peat, compost, and manure.
3C1.481 ft. Certified sand, soil, earth, peat, compost, and manure.
Certified greenhouse.
301.48- i 1
301.48-1 / Inspector.
301.48-1 fc Moved or allowed to be moved interstate.
301.48- 1
Z Certificate.
301.48- m 1 Permit.
301.48- 2
Limitation of restrictions to regulated areas.
Regulated areas.
301.48-3
Extension or reduction of regu 301.48- 4
lated areas.
301.485 Restrictions on the movement of fruits and vegetables.
Restrictions on the movement 301.48- 6
of nursery and ornamental stock.
301.48-7
Restrictions on the movement of sand, soil, earth, peat, com post, and manure.
301.48-8
Conditions governing the pro tection of restricted articles from infestation while in transit.
301.48-9
Marking and certification a con dition of interstate transpor tation.
301.4810 General conditions governing inspection and issuance of certificates and permits.
301.4811 Cancelation of certificates.
301.4812 Inspection in transit.
301.4813 Thorough cleaning required of trucks, wagons, cars, boats, and other vehicles and con tainers before moving inter state.
301.48-14
Shipments for experimental and scientific purposes.
J a p a n e s e B e e t l e Q u a r a n t in e
Introductory Note Nominal extensions of regulated areas in Maryland, New York, Pennsylvania, Virginia, and West Virginia together with a more extensive increase in the Ohio regulated area are made in the following
revision of the Japanese beetle quaran tine regulations. Counties newly added in part or in entirety include Jefferson and Livingston Comities, N. Y.; Harrison, Licking, Richland, Trumbull, and Tusca rawas Counties, Ohio; Mercer County, Pa.; and Spotsylvania and Westmore land Counties, Va. Discovery of substan tial infestation of the Japanese beetle in these sections warranted their addi tion to the regulated area. Enlarge ments of several partially regulated counties were made in Maryland, New York, Ohio, and West Virginia.
Counties newly added in part to the special area from which the movement of fruits and vegetables by motortruck or refrigerator car is regulated regula tion 5 include Berks, Dauphin, Lehigh, and Northampton Counties, Pa. and Bal timore and Harford Counties, Md.
Outlying points placed under regula tion include Homell, Mount Morris, and Watertown, N. Y., other regulated parts of Jefferson, Livingston, and Steuben Counties, N. Y., Newark and Mansfield, Ohio, and the regulated parts of Licking and Richland Counties, Ohio. These points are included in the areas to which fruits and vegetables from the main regulated area may be moved only when accompanied by certificates. No restrictions are placed on the movement of fruits and vegetables from these special areas.
Fruit shippers have been further re lieved from restrictions on the move ment of certain commodities by the elimination of restrictions on the move ment of commercially packed peaches in any quantity, except those moving by refrigerator cars or motortruck from the special area listed in regulation 5.
Bananas in single bunches packed in commercial containers are also newly exempt from the restrictions.
Certain articles, which because of their growth or production, or their manufactured or processed condition, are considered innocuous as carriers of infestation, and heretofore exempted in administrative instructions, circular B.
E. P. Q. 395, have been so exempted in the revised regulations.
Qualifications for maintaining a class H I status under the restrictions on the movement of nursery and greenhouse stock have been added to limit these establishments to those having a legiti mate need for certification of stock.
Several isolated sections in which Jap anese beetles were trapped during the summer of 1938 are not included in the regulated area. Action with respect to these infestations has been deferred to permit the States concerned an oppor tunity to inaugurate chemical treatments of the infested sections in the spring of 1939.
The section numbers which appear in this document agree with the section numbers in the code of Federal regula tions now in process of publication.

Summary Unless a certificate or permit has been issued, these regulations as now revised, prohibit the interstate shipment of green corn on the cob, beans in the pod, ba.nanas, apples, peaches, blackberries, blue berries, huckleberries, or raspberries from the regulated areas, to or through points outside; and also prohibit unless a cer tificate or permit has been issued the interstate movement of all fruits and vegetables by refrigerator car or motor truck from the District of Columbia, the State of Delaware, and parts of Mary land, New Jersey, Pennsylvania, and Vir ginia, to or through points outside the regulated areas as defined in regulation 3. Refrigerator cars used for loading fruits and vegetables, in such area must, prior to loading, be fumigated or cleaned by the common carrier and kept tightly closed and sealed during the interval be tween fumigating or cleaning and load ing. Fruits and vegetables must be fumi gated in the car when such action is deemed necessary by the inspector, and doors and hatches of the cars must be closed or screened. For other details and exceptions see regulation 5.
The regulations also prohibit the in terstate shipment of plants, sand, soil earth, peat, compost, and manure from any part of the regulated areas to or through any outside point throughout the year unless a Federal permit or cer tificate has been secured. Portions of plants and cut flowers are restricted interstate movement only between June 15 and October 15, inclusive. For de tails and exceptions see regulations 6
and 7.
The regulated areas include the Dis trict of Columbia, the entire States of Connecticut, Delaware, Massachusetts, New Jersey, and Rhode Island, and parts of Maine, Maryland, New Hampshire, New York, Ohio, Pennsylvania, Vermont, Virginia, and West Virginia, as described in regulation 3.
These regulations also place certain restrictions to protect restricted articles from infestation while in transit, require thorough cleaning of vehicles and con tainers which have been used in trans porting restricted products, and provide other safeguards and conditions as specified in regulations 8 to 13, inclusive.
To secure permits and certificates, ad dress the Bureau of Entomology and Plant Quarantine, 266 Glenwood Avenue, Bloomfield, N. J., or the nearest branch office listed in the appendix.
A ver y S. H o y t ,
Acting Chief.
SEC. 301.48 NOTICE OF QUARANTINE NO. 48
TWELFTH REVISION
Approved March 1, 1937; effective March 1, 1937

I, H. A. Wallace, Secretary of Agricul ture, have determined that it is necessary to quarantine the States of Connecticut,