handled under methods or conditions approved by the Chief of the Bureau of Entomology and Plant Quarantine.

(b) Limited permits. Limited permits may be issued for the movement of noncertified restricted articles to destinations and consignees as may be authorized and designated by the Chief of the Bureau of Entomology and Plant Quarantine for processing or other handling. As a condition of such authorization and designation, persons or firms shipping, receiving, or transporting such articles may be required to agree in writing to maintain such sanitary safeguards against the establishment and spread of infestation and to comply with such conditions as to the maintenance of identity, handling, or subsequent movement of restricted products and cleaning of railway cars, trucks, or other vehicles used in the transportation of such articles as may be required by the inspector.

(c) Dealer-carrier permit. As a condition of issuance of certificates or permits for the interstate movement of restricted articles, persons or firms engaged in purchasing, assembling, exchanging, processing, or carrying such restricted articles originating or stored in regulated areas, may be required to execute a signed agreement stipulating that the permittee will carry out any and all conditions, treatments, precautions, and sanitary measures which may be deemed necessary.

§ 301.72-5c Administrative instructions; treatments authorized. Pursuant to the authority conferred upon the Chief of the Bureau of Entomology and Plant Quarantine by paragraph (a) of

§ 301.72-5, the following methods of treatment are hereby authorized effective March 27, 1944, when carried out under the supervision of an authorized inspector of the United States Department of Agriculture.

(a) Plants in pots or in soil balls(1) Methyl bromide fumigation at atmospheric pressures. (i) Fumigation may be done with the dosage schedules prescribed below. The period of fumigation shall be 2 hours in all instances.

(ii) Such fumigation shall be applied only to plants in 6-inch pots or smaller, or with soil balls 5 inches or less in least diameter. The plants shall be placed on racks so that the gas mixture can have access to all sides of the pots or the soil balls.

(iii) The fumigation shall be done in a tight chamber with gastight doors. The chamber shall be of such construction so as to pass certain tests prescribed by the inspector in charge to his satisfaction.

(iv) The fumigant-air mixture shall be circulated in the fumigation chamber by means of a fan during the entire period of the treatment.

(v) The soil shall not be puddled or saturated and must be in a condition which in the judgment of the inspector is suitable for fumigation.

(2) Methyl bromide fumigation under partial vacuum. (1) Fumigation under partial vacuum equivalent to at least 24.5 inches of mercury may be done with dosage schedules as prescribed below. The vacuum shall be maintained during the entire period. The period of fumigation shall be 11⁄2 hours in all instances.

(ii) The soil masses shall not be more than 16 inches in least diameter.

(iii) The soil shall not be puddled or saturated and must be in a condition which in the judgment of the inspector is suitable for fumigation.

(iv) The fumigant-air mixture shall be circulated in the fumigation chamber by means of a fan the first 15 minutes of the exposure period to mix the vaporized fumigant thoroughly with the air in the chamber and to bring it in contact with the surface of the soil balls. The soil balls shall be washed with one or more changes of air at the end of the exposure period.

(v) A standard vacuum fumigation chamber that can be closed tight and will withstand an external pressure of at least one atmosphere is required. A vacuum pump of sufficient capacity to reduce the pressure within the vacuum chamber to the equivalent of 3 inches of mercury (a 27-inch vac

uum at sea level) in not more than 20 minutes is necessary.

[Preceding subparagraph, in small type, superseded by following subparagraph during period covered by this Supplement]

(2) Methyl bromide fumigation under partial vacuum. (i) Fumigation under partial vacuum equivalent to at least 24.5 inches of mercury may be done with dosage schedules as prescribed below. The vacuum shall be maintained during the entire period. The period of fumigation shall be 11⁄2 hours in all instances. Dosage per 1000 cubic feet (Pounds)

Soil temperature at least (° F.)

5

4.5

4

3.5

3

2.5

2.25

2. 125

2

(ii) The soil masses shall not be more than 16 inches in least diameter.

(iii) The soil shall not be puddled or saturated and must be in a condition which in the judgment of the inspector is suitable for fumigation.

(iv) The fumigant-air mixture shall be circulated in the fumigation chamber by means of a fan the first 15 minutes of the exposure period to mix the vaporized fumigant thoroughly with the air in the chamber and to bring it in contact with the surface of the soil balls. The soil balls shall be washed with one or more changes of air at the end of the exposure period.

(v) A standard vacuum fumigation chamber that can be closed tight and will withstand an external pressure of at least one atmosphere is required. A vacuum pump of sufficient capacity to reduce the pressure within the vacuum chamber to the equivalent of 3 inches of mercury (a 27-inch vacuum at sea level) in not more than 20 minutes is (2) as necessary. [Subparagraph amended by Supp. 1, June 20, 1944, 9 F.R. 71211

(3) Methyl bromide solution—(i) Treatment method. (Applicable to all regulated areas.) (a) The soil balls around the roots of plants must be buried in sand and plunged in boxes or trays which are watertight and approximately 1 foot deep.

(b) A 2-inch space filled with sand shall be provided between the soil balls, also above and beneath them.

(c) Such soil balls shall be treated with a solution of methyl bromide and alcohol at a concentration of 0.3 percent methyl bromide and 0.6 percent denatured ethyl alcohol by volume in water. The solution is to be prepared by first mixing the methyl bromide and alcohol together and then adding this n.ixture to the water and mixing thoroughly.

(d) The aqueous solution of methyl bromide and alcohol shall then be applied evenly over the surface of the sand around the plants at the rate of 40 gallons per 100 square feet of surface area by means of a sprinkling can or sprayer.

(ii) Type of material, exposure, and temperature. (a) In Orleans Parish, including the city of New Orleans, Saint Bernard Parish, and regulated parts of Jefferson and Plaquemines Parishes, La., the treatment shall be applied only to plants in soil balls not greater than 7 inches in diameter, nor greater than 7 inches in thickness when not spherical. After the required dosage has been applied, the soil balls shall remain embedded in the sand for a period of 8 hours. The temperature of the soil balls during the treatment shall not be lower than 65° F.

(b) In all regulated areas other than Orleans Parish, including the city of New Orleans, Saint Bernard Parish, and regulated parts of Jefferson and Plaquemines Parishes, La., the treatment shall be applied to soil balls not greater than 8 inches in diameter nor greater than 8 inches in thickness when not spherical. After the required dosage has been applied, the soil balls shall remain embedded in the sand for a period of 6 hours. The temperature of the soil balls during the treatment shall not be lower than 62° F.

(b) Potting soil· - (1) Carbon disulphide fumigation. (i) Potting soil shall be treated in a container with carbon disulphide at a dosage of 2 pounds per cubic yard of soil for a period of 48 hours.

(ii) The grade of carbon disulphide shall be comparable to U. S. P. grade having a specific gravity of 1.25 at 68° F.

(iii) The container shall be tight, preferably lined with sheet metal, and shall have a tight cover or be covered with a tarpaulin immediately after the fumi

gant is applied. The container shall not be more than 36 inches deep.

(iv) The soil shall be friable, and wet soil shall not be treated by this method. The fumigant shall be applied to the soil in holes 3 inches deep, the dosage to be evenly divided among holes 1 foot apart over the surface of the soil, and the fumigant shall be covered with soil as soon as it is applied.

(v) The temperature of the soil shall not be lower than 40° F. during the entire time of treatment.

(vi) The condition of the soil and the apparatus used and the method of appliIcation of the fumigant must meet with the approval of an authorized inspector of the United States Department of Agriculture.

(2) Methyl bromide fumigation. (i) Potting soil must be treated in a container with methyl bromide at a dosage of 40 cubic centimeters of methyl bromide per cubic yard of soil for a period of 48 hours.

(ii) The sides, bottom, and seams of the container shall be tight, preferably lined with sheet metal, and shall have a tight cover or be covered with a tarpaulin immediately after the fumigant is applied.

(iii) The temperature of the soil shall not be lower than 40° F. during the entire time of treatment.

(iv) The condition of the soil and the apparatus used and the method of application of the fumigant must meet the approval of an authorized inspector of the United States Department of Agriculture.

(3) Heat treatment. (i) Live steam, under pressure of 80 pounds or more per square inch, shall be applied through a grid of perforated pipes at the bottom of the sterilizing box or truck body containing the soil, for a period of 45 minutes or until all parts of the load reach a temperature of 200° F.

(ii) The grids shall be constructed of 1-inch pipes, perforated with holes 32 inch in diameter on the upper side and connecting at one end to a manifold into which the steam is introduced.

(iii) The layer of soil in the sterilizing box shall not be more than 2 feet 6 inches deep.

(4) Methyl bromide and carbon disulphide applied as liquid. (See instructions in paragraph (c).)

(c) Soil plots, plunging beds, and potting soil-(1) Methyl bromide. (i) Inject the liquid methyl bromide into the soil at a depth of 6 inches by means of a hollow needle or other suitable injector at the rate of 4.7 milliliters per square foot or 7 milliliters per 11⁄2 square feet of soil surface.

(ii) After treatment has been applied to the plot the soil should be covered with 10- or 15-pound building paper, lapped 4 inches and weighted down so that it will not be blown off.

(iii) The soil must be at a temperature not lower than 45° F. at a depth of 6 inches when the treatment is applied. At temperatures from 45° to 62° inclusive the soil must be kept covered for a period of 6 days to insure complete mortality of all eggs, larvae, pupae, and adults of the insect which may be present in the soil under treatment. At temperatures above 62° the soil must be kept so covered for a period of not less than 4 days.

(2) Carbon disulphide. (i) The insecticide shall be applied at the rate of 33 milliliters per square foot of soil surface, the liquid to be poured into holes at least 6 inches deep and 1 inch in diameter at the top, and covered immediately with earth.

(ii) After application the plot should be covered with 10- to 15-pound building paper which shall remain in position for at least 4 days in order to insure complete mortality of any eggs, larvae, pupae, or adults of white-fringed beetles that may be present.

(iii) The treatment shall not be applied to soil which is below 80° F. in temperature at a depth of 6 inches.

(d) Vegetable produce (for larvae only)-(1) Methyl bromide fumigation at atmospheric pressure. (i) Fumigation at atmospheric pressures may be done with dosage schedules as prescribed below. The period of fumigation shall be 2 hours in all instances.

(ii) The fumigation shall be performed in a refrigerator car, fumigation chamber, or other tight enclosure approved by the inspector in charge.

(iii) The dosage shall be volatilized into the enclosure and the fumigant-air mixture shall be circulated by a blower or large fan for not less than 5 minutes.

(iv) These fumigation schedules should be applied only to produce affected by the presence of larval forms of the whitefringed beetles since they are known to be incompletely effective against eggs of this insect.

(e) Disclaimer. There has not been opportunity to test these treatments on all varieties of plants or produce and in authorizing the movement of potted plants, nursery stock, soil, or produce treated according to the requirements stated above, it is understood that no liability shall attach either to the United States Department of Agriculture or to any of its employees in the event of injury to plants, produce, or operators.

(f) Caution (1) Methyl bromide. (i) Methyl bromide is a gas at ordinary temperatures. It is colorless and practically odorless in concentrations used for fumigation of plants or potting soil. It is a poison and the operators should use gas masks approved by the United States Bureau of Mines for use with methyl bromide, when exposed to the gas in concentrations used in fumigation, or while preparing the solution. The plants in the fumigation chamber should be well aerated by blowing air through them, and the room adequately ventilated before it is entered. After fumigating the. potting soil by methyl bromide the cover should be removed and the soil allowed to become aerated.

(ii) The method for application of methyl bromide described in paragraph (a) provides a closed system in which the operator is not exposed to a dangerous concentration of the gas provided there is no leakage in any exposed portion of the equipment. Extreme care should be exercised to keep all joints of such apparatus tight and replace any defective parts to prevent accident. The operator should avoid getting any liquid methyl bromide on his clothing or his body at any time.

(2) Carbon disulphide. (i) The vapor of carbon disulphide is inflammable and explosive. At a temperature of 297° F. it may take fire spontaneously and in the

presence of certain metals, particularly copper, it may ignite at considerably lower temperatures. It must be kept away from fire, and from hot objects, such as electric light bulbs, unprotected brushtype motors, steam pipes, etc. Lighted cigars, cigarettes, or pipes must never be brought near carbon disulphide.

(ii) Carbon disulphide is a blood poison, but poisoning by this chemical is rare. Exposure to the vapor may cause giddiness and headache. When these symptoms develop, the individual should get into the open air. (Sec. 8, 39 Stat. 1165, 44 Stat. 250; 7 U.S.C. 161; 7 CFR 301.72-5) [B.E.P.Q. 503, Rev. 5, Mar. 18, 1944, effective Mar. 27, 1944, as amended by Supp. 1, June 20, 1944, 9 F.R. 71211

§ 301.72-6 Assembly of restricted articles for inspection. Persons intending to move restricted articles, the certification of which is required, interstate from regulated areas shall make application for certification as far as possible in advance of the probable date of shipment. Applications must show the nature and quantity of articles to be moved, together with their exact location, and if practicable, the contemplated date of shipment. Applicants for inspection may be required to assemble or indicate the articles to be shipped so that they may be readily examined by the inspector.

The United States Department of Agriculture will not be responsible for any cost incident to inspection or treatment other than the services of the inspector.

§ 301.72-7 Cancelation of certificates or permits. Certificates or permits issued under the regulations in this subpart may be withdrawn or canceled and further certification refused whenever, in the judgment of the Chief of the Bureau of Entomology and Plant Quarantine, the further use of such certificates or permits might result in the dissemination of infestation.

§ 301.72-8 Cleaning of freight cars, trucks, and other vehicles. When in the judgment of the inspector a hazard of spread of infestation is presented, thorough cleaning of freight cars, trucks, and other vehicles may be required before movement interstate to points outside the regulated areas when such freight cars, trucks, or other vehicles have been used for the transportation of uncertified restricted articles within regulated areas.

§ 301.72-9 Articles for experimental or scientific purposes. (a) Articles subject to restrictions may be moved interstate for experimental or scientific purposes, on such conditions as may be prescribed by the Chief of the Bureau of Entomology and Plant Quarantine. The container of articles so moved shall bear an identifying tag from the Bureau of Entomology and Plant Quarantine.

(b) Beetles for experimental or scientific purposes. Live white-fringed beetles, in any stage of development may be moved interstate for scientific purposes only under conditions prescribed by the Chief of the Bureau of Entomology and Plant Quarantine. The container of white-fringed beetles so moved shall bear an identifying tag from the Bureau of Entomology and Plant Quarantine. (Paragraph (b) issued under sec. 3, 33 Stat. 1270; 7 U.S.C. 143)

APPENDIX

PENALTIES

The Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. 1940 ed. 161), provides that no person shall ship or offer for shipment to any common carrier, nor shall any common carrier receive for transportation or transport, nor shall any person carry or transport, from any quarantined State or Territory or District of the United States, or from any quarantined portion thereof, into or through any other State or Territory or District, any class of nursery stock or any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products, or any class of stone or quarry products, or any other article of any character whatsoever, capable of carrying any dangerous plant disease or insect infestation, specified in the notice of quarantine in manner

or method or under conditions other than those prescribed by the Secretary of Agriculture. It also provides that any person who shall violate any of the provisions of this act, or who shall forge, counterfeit, alter, deface, or destroy any certificate provided for in this act or in the regulations of the Secretary of Agriculture shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment not exceeding 1 year, or both such fine and imprisonment, in the discretion of the court.

STATE AND FEDERAL INSPECTION Certain of the quarantined States have promulgated quarantine regulations restricting intrastate movement supplemental to the Federal quarantine. These State regulations are enforced in cooperation with the Federal authorities. Copies of either the Federal or State quarantine orders may be obtained at the office of the Bureau of Entomology and

Plant Quarantine, Room 6, Gates-Cook Building (Tel. 1591), P. O. Box 989, Gulfport, Miss., or through a White-fringed Beetle Inspector at one of the subsidiary offices.

GENERAL OFFICES OF STATES COOPERATING Alabama: Chief, Division of Plant Industry, Montgomery.

Florida: Plant Commissioner, State Plant Board, Gainesville.

Louisiana: State Entomologist, Baton Rouge.

Mississippi: Entomologist, State Plant Board, State College.

North Carolina: State Entomologist, Department of Agriculture, Raleigh.