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7208

RULES AND REGULATIONS

proved methods under the observation of an inspector; and 4 when they have been grown, produced, manufactured, stored or handled in such a manner that, in the judgment of the inspector, no infestation could be transmitted thereby: Provided, That subsequent to certification, the regulated articles must be safeguarded against reinfestation as required by the inspector.
b Limited permits. Limited per mits may be issued for the movement of noncertified, regulated articles to spec ified destinations for specified process ing, handling, or utilization. Persons shipping, transporting or receiving such articles may be required to enter into written agreements to maintain such, safeguards against the establishment and spread of infestation as may be re quired by the inspector.
c Cancellation of certificates or limited permits. Certificates or limited permits issued under these regulations may be withdrawn or canceled by the b Generally infested area. All of inspector and further certificates or the regulated area, exclusive of the sup limited permits refused whenever, in his pressive area, constitutes the generally judgment, the further use of such certif icates or permits might result in the infested area.
c Brown-tail moth area. The area dissemination of infestation.

under regulation on account of the brown-tail moth is the same as that 301.45-7 Assembly of regulated ar classified as the generally infested area. ticles for inspection. Persons intending 301.45-3 Articles under regulations. to move interstate any of the articles covered by this subpart shall make 4>

b Regulated movement. The move application for certification as far in ad ment of the following articles is regu vance as possible and may be required lated in accordance with the regulations to prepare and assemble materials at such points and times and in such man in this subpart:
1 Timber and timber products, in ner as the inspector shall designate, so cluding lumber, planks, poles, logs, cordthat thorough inspection may be made, or approved treatments applied. Arti wood, pulpwood, and similar materials.
to be inspected as a basis for cer 2 Plants having persistent woody cles must be in such condition stems and parts thereof, including tification as permits adequate inspection. The Christmas trees.
United States Department of Agriculture 3 Stone and quarry products.
will not be responsible for any cost in 4 Any other articles when found on to inspection, treatment, or cer Inspection to be infested with the gypsy cident tification other than the services of the or brown-tail moths.
inspector and will be responsible for no 301.45-4 Conditions governing the injury incident thereto.
movement of regulated articles.
301.45-8 Marking. Every regulated c Contingent restrictions on move or container of regulated articles m ent between points within the suppres article intended interstate movement shall sive area. Whenever it is determined by be plainlyfor marked with the name and the Chief of the Bureau of Entomology address of the consignor and the name and Plant Quarantine that control or and address of the consignee, when of eradication of the gypsy moth in any fered for shipment, and shall have se section of the suppressive area is being curely attached to the outside thereof a hampered or jeopardized through move valid certificate or limited permit issued ment of regulated articles into such sec in compliance with this subpart: Pro tion, the Chief of the Bureau may, after vided. That for lot shipments one cer appropriate notice, require inspection or limited permit may be at and certification, as p r o v i d e d in tificate tached to one article or container of each 301.45-5 a, for any or all regulated shipment and another to the accom articles moving into such designated panying waybill, and for carlot freight section from other parts of the suppres or express shipments, either in contain sive area.
ers or in bulk, a certificate or limited

permit need be attachecTto the waybill 301.45-5 Conditions governing the only. For movement by road vehicle; a issuance of certificates and permits certificate or limited permit shall ac a Certificates. Certificates may be is company the vehicle and, except when sued for the interstate movement of transportation is by common carrier, regulated articles under one or more of it shall be surrendered to consignee upon delivery of shipment.
the following conditions: 1 When, in the judgment of the inspector, they have These amendments shall be effective not been exposed to infestation; 2
August 9, 1952.
when they have been inspected and The purpose of the amendment of found apparently free from infestation;
301.45 is to rephrase and simplify the 3 when they have been treated by apitems that are subject to quarantine.

terileld, Crown Point, Essex, Moriah, Ticonderoga, Westport, and Willsboro, in Essex County; towns of Broadalbin, Johnstown, Mayfield, Northampton, and Perth, and tha cities of Gloversville and Johnstown, in Ful ton County; towns of Coxsackie and New Baltimore, in Greene County; towns of Am sterdam, Florida, Glen, and Mohawk, and the city of Amsterdam, in Montgomery County; and the towns of Bolton, Caldwell, Hague, Luzerne, Queensbury, Stony Creek, Thurman, and Warrensburg, and the city of Glens Falls, in Warren County.
Vermont. All of Addison County except the towns of Granville and Hancock; towns of Arlington, Bennington, Glastonbury, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford, in Bennington County; towns of Bolton, Buels Gore, Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Richmond, St.
George, Shelburne, South Burlington, and Williston and the cities of Burlington and Winooski, in Chittenden County; towns of Benson, Brandon, Castleton, Fair Haven, Hubbardton, Ira, Middletown Springs, Pawlet, Pittsford, Poultney, Sudbury, Wells, West Haven, in Rutland County.

The amendment of 301.45-2 adds to the regulated area in Connecticut the towns of Bethlehem, Roxbury, Washing ton, Watertown, and Woodbury, in Litchfield County, and the towns of Ansonia, Beacon Falls, Bethany, Cheshire, Derby, East Haven, Hamden, Middlebury, Naugatuck, New Haven, Orange, Pros pect, Seymour, Wallingford, West Haven, and Woodbridge, in New Haven County.
The amendment also adds to the sup pressive area in Connecticut all of the above-mentioned towns with the excep tion of Watertown, in Litchfield County, and Cheshire and Wallingford, in New Haven County. The latter three towns are added to the generally infested area.
Section 301.45-3 b is also amended to conform with changes in the notice of quarantine, and 301.45-1 e, 301.45-4
c, 301.45-5, 301.45-7, and 301.45-8 are rephrased in a number of minor respects in the interest of clarity and improved efficiency of quarantine operation.
Prompt action is necessary with re spect to the newly regulated areas in order to control the movement there from of articles that might spread the gypsy and brown-tail moths. O t h e r changes are of assistance to the public in interpreting the regulations. There fore, good cause is found, in accordance with section 4 c of the Administrative Procedure Act 5 U. S. C. 1003 c for making the foregoing amendments effec tive less than 30 days after their publi cation in the F ederal R egister.
Secs. 1, 3, 33 Stat. 1269, 1270, sec. 8, 37
Stat. 318, as amended; 7 U. S. C. 141,143,161

Done at Washington, D. C., this 4th day of August 1952.
seal C. J. M cC ormick, Acting Secretary of Agriculture.
F. R. Doc. 62-8730; Filed, Aug. 7, 1952;
8:48 a. m.

Chapter IX Production and Mar keting Administration Marketing Agreements and Orders, Depart ment of Agriculture P art 992I rish P otatoes G rown W ashington
in
APPROVAL OF BUDGET OF EXPENSES AND
FIXING RATE OF ASSESSMENT

Notice of proposed rule making re garding rules and regulations relative to a proposed budget and rate of assess ment, to be made effective under Market ing Agreement No. 113 and Order No. 92
7 CFR Part 992 regulating the han dling of Irish potatoes grown in the State of Washington, was published in the F ederal R egister 17 F. R. 6127. This regulatory program is effective under the Agricultural Marketing Agreement Act of 1937, as amended 48 Stat. 31, as amended; 7 U. S. C. 601 et seq.. After consideration of all relevant matters pre sented, including the rules and regula tions set forth in the aforesaid notice, which rules and regulations were adopted and submitted for approval by the State of Washington Potato Committee estab lished pursuant to said marketing agree ment and order, the following rules and regulations are hereby approved.