culture, or any other officer or employee of the Department to whom authority has heretofore been, or may heretofore be, delegated to act in his stead.

Inspector. Any employee of the Plant Protection and Quarantine Programs, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or other person, authorized by the Deputy Administrator to enforce the provisions of the quarantine and regulations in this subpart.

Interstate. From any State into or through any other State.

Japanese beetle. The live insect known as the Japanese beetle (Popillia japonica Newm.) in any stage of development (egg, larva, pupa, adult).

or

Person. Any individual, corporation, company, partnership, society, or association, or other organized group of any of the foregoing.

Plant Protection and Quarantine Programs. The organizational unit within the Animal and Plant Health Inspection Service delegated responsibility for enforcing provisions of the Plant Quarantine Act and Federal Plant Pest Act, and quarantines and regulations promulgated thereunder.

Regulated airport. Any airport in a quarantined State declared regulated in accordance with provisions in § 301.48-2 of this subpart.

Regulated articles. Aircraft at or from regulated airports.

State. Any State, territory, or district of the United States, including Puerto Rico.

Treatment manual. The provisions currently contained in the "Japanese Beetle Program Manual," and the "Plant Protection and Quarantine Treatment Manual" which are incorporated by reference.1 2

'Pamphlets containing such provisions are available upon request to the Deputy Administrator, Plant Protection and Quarantine Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250, or from an inspector and are on file at the Federal Register.

2NOTE: Incorporation by reference provisions approved by the Director, Office of the Federal Register, on June 15, 1978.

State Plant Regulatory Official. The authorized official of a State who has responsibility for the operation of the State plant regulatory program.

8 301.48-2 Authorization to designate, and terminate designation of, regulated airports.

(a) An inspector may declare any airport within a quarantined State to be a regulated airport when he determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft constitute a threat to spread the Japanese beetle and aircraft destined for the States listed in § 301.48(b) may be leaving the airport.

(b) An inspector shall terminate the designation provided for under paragraph (a) of this section when he determines that adult populations of Japanese beetle no longer exist at the airport to the degree that the aircraft pose a threat to spread the Japanese beetle.

8 301.48-3 Notification of designation, and termination of designation, of regulated airports.

Upon designating, or terminating the designation of, an airport as regulated, the inspector shall give written notice to the official in charge of the airport that the airport has been designated as a regulated airport or that the designation has been terminated. The inspector shall also give the same information in writing to the official at the airport in charge of each airline or the operator of any other aircraft, which will move a regulated article to any State designated in § 301.48(b). The Deputy Administrator shall also give the same information to the State Plant Regulatory Official of each State designated in § 301.48(b) to which any regulated article will move. 8 301.48-4 Conditions governing the interstate movement of regulated articles from quarantined States.3

A regulated article may only be moved interstate from a regulated air

'Requirements under all other applicable Federal domestic plant quarantines must also be met.

port to any State designated in § 301.48(b) if: (a) The regulated article has been treated in accordance with the Treatment Manual, or (b) if the inspector, upon visual inspection, determines that the regulated article does not present a threat to spread the Japanese beetle because adult beetle populations are not present with regard to the particular regulated article, or (c) if the regulated article arrives and leaves the regulated airport during the same non-daylight period.

§ 301.48-5 Inspection and disposal of regulated articles and pests.

Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles and Japanese beetles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued by the Deputy Administrator.

8301.48-6 Movement of live Japanese beetles.

Regulations requiring a permit for and otherwise governing the movement of live Japanese beetles in interstate or foreign commerce are contained in the Federal Plant Pest Regulations in Part 330 of this chapter. Applications for permits for the movement of the pest may be made to the Deputy Administrator.

§ 301.48-7 Nonliability of the Department.

The U.S. Department of Agriculture disclaims liability for any costs incident to inspections or compliance with the provisions of the quarantine and regulations in this subpart other than for the services of the inspector.

(Secs. 8 and 9; 37 Stat. 318, as amended, sec. 106, 71 Stat. 33; (7 U.S.C. 161, 162, 150ee); 37 FR 28464, 28477; 38 FR 19141)

Subpart-Pink Bollworm

SOURCE: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.

QUARANTINE AND REGULATIONS

§ 301.52 Quarantine; restriction on interstate movement of specified regulated articles.

(a) Notice of quarantine. Pursuant to the provisions of sections 8 and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 150ee), the Secretary of Agriculture has determined, after public hearing, that it is necessary to quarantine the States of Arizona, California, Louisiana, New Mexico, Nevada, Oklahoma, and Texas, in order to prevent the spread of the pink bollworm (Pectinophora gossypiella Saund.), a dangerous insect injurious to cotton, okra, and kenaf, not heretofore widely prevalent or distributed within and throughout the United States. Under the authority of said provisions, the Secretary hereby quarantines the State of Nevada and continues to quarantine the other specified States with respect to the interstate movement from the quarantined States of the articles described in paragraph (b) of this section, issues the regulations in this subpart governing such movement, and gives notice of said quarantine and regulations.

(b) Quarantine restrictions on interstate movement of specified regulated articles. No common carrier or other person shall move interstate from any quarantined State any of the following articles (defined in § 301.52-1(m) as regulated articles), except in accordance with the conditions prescribed in this subpart:

(1) Cotton and wild cotton, including all parts of such plants.

(2) Seed cotton. (3) Cottonseed.

(4) Cottonseed hulls. (5) Cotton lint.

(6) Cotton linters.

(7) Cotton waste produced at cotton gins, cottonseed oil mills, and cotton textile mills.

(8) Cotton gin trash.

(9) Used bagging and other used wrappers for cotton.

(10) Used cotton harvesting equipment and used cotton ginning and cotton oil mill equipment.

tions should be made immediately prior to movement of infested articles.

Certification Period. Until the next egglaying season, if not exposed to reinfestation.

Special Information. Ground treating of mobil home parks is not generally recommended, because of the public relations problems. If a mobile home park is treated, the same procedures apply. Campgrounds can generally be treated adequately by truck-mounted ground equipment. Coverage of the environs, however, will be limited compared to aerial application.

Carbaryl-Avoid using around beehives or in areas frequented by bees.

The pH of water used in mixing pesticides must be checked and adjusted within a range of pH 6.0-7.0 prior to mixing. The pH should be adjusted with commercially available phosphoric acid (85 percent). Generally, 31 ml. (one ounce) of phosphoric acid will adjust 1900 liters (500 gallons) of water from a pH of 9.0 to the acceptable level.

Additional Information. With mist blower application, saturation of foliage with the spray mixture should be avoided. At best, it is virtually impossible to evenly apply 1 pound of pesticide per acre to tree foliage by mist blower. The aim is to obtain an even

distribution of pinhead-size droplets on the foliage. Instructions for mist blower calibration are found in manual 807-54.8000. The techniques of mist blower operation are beyond the scope of this manual. Such operations should be directly supervised by experienced personnel who can thus properly train inexperienced personnel.

In using hydraulic ground equipment, the spray mixture is applied to thoroughly wet the foliage-keep dripping of the spray mixture from treated foliage to a minimum.

Water-base sprays may dry out prior to contact with foliage under conditions of high temperatures and/or low relative humidity. Ground personnel should be alerted to detect such occurrences.

Carbaryl has a residual effectiveness for 7-10 days, Dylox for 3-5 days, when applied under similar environmental conditions. Field experience indicates that Dylox should not be applied to wet foliage or when rain may occur within 8 hours after application; rain occurring 2 hours after carbaryl application should not adversely affect the effectiveness of the material. In comparing pesticide costs, remember to include costs of additional materials that would be required with each pesticide, such as sticker or kerosene diluent.

liage of white oaks or other preferred hosts is 3 to 1⁄2 grown.

Certification Period. Until the next egglaying season, if not exposed to reinfestation.

Special

Information.

Carbaryl-Avoid using around beehives or in areas frequented by bees.

The pH of water used in mixing pesticides must be checked and adjusted within a range of pH 6.0-7.0 prior to mixing. The pH should be adjusted with commercially available phosphoric acid (85 percent). Generally, 31 ml. (one ounce) of phosphoric acid will adjust 190.0 liters (500 gallons) of water from a pH of 9.0 to the acceptable level.

Water-base sprays may dry out prior to contact with the foliage under conditions of high temperatures and/or low relative humidity. Ground personnel should be alerted to detect such occurrences.

Before and after application of Sevin 4 Oil, flush entire aircraft spray system with kerosene until system is clean. If Dylox 1.5 Oil is to be used, flush the entire aircraft spray system before and after application

with water, drain all excess water from the system before filling with Dylox 1.5 Oil.

Carbaryl has a residual effectiveness for 7-10 days, Dylox for 3-5 days, when applied under similar environmental conditions. Field experience indicates that Dylox should not be applied to wet foliage or when rain may occur within 8 hours after application; rain occurring 2 hours after carbaryl application should not adversely affect the effectiveness of the material. In comparing pesticide costs, remember to include costs of additional materialsthat would be required with each pesticide, such as sticker or kerosene diluent.

Diflubenzuron-restricted to forest use (infrequently or sparsely populated areas).

5. Treatment of Outdoor Household Articles. The chemicals authorized for treatment of outdoor household articles, in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), are regulated by the Environmental Protection Agency for use against gypsy moth and must be applied according to the label directions and the following instructions.

Method. A thermal conductivity unit will be used when fumigating under tarps. It is important that the enclosure be measured carefully to insure that the proper dose of fumigant is calculated. Tarpaulins or other enclosures must be as gastight as possible. Plants are generally more tolerant to fumigation in a dormant state. When trees and shrubs are treated, wet rags or other means of introducing moisture into the chamber is required. Fans should be run until equal distribution of the fumigant is noted on the TC unit. See also PPQ Treatment manual.

Special Information. This schedule is also effective against all stages of Japanese beetles.

Precautions. There is evidence that some evergreens, especially narrow-leafed and some azaleas may be injured, under certain circumstances, by this treatment. Plant tolerance tests to methyl bromide have been conducted on most species, and this information is available in the "Handbook of Plant Tolerances to Methyl Bromide."

Certification Period. For the shipment if protected from reinfestation.

IV. Control Procedures-Gypsy Moth A. Background. The control phase of the gypsy moth program is one of containment providing for: (1) Eradicative treatments of isolated infestations found in nonregulated territory; (2) suppression treatments in nonregulated areas in the periphery of the regulated area. Responsibility for most of the control efforts to suppress outbreak populations within the regulated area rests with the States and the U.S. Forest Service. Information on control of the gypsy moth for regulatory purposes is contained in section III of this manual.

Significant changes in control procedures or use of other than authorized pecticides must not be arbitrarily made in the field. Experience may indicate that a particular modification would be of value in accomplishing the objective of a control program. In such cases, consult your supervisor. If a decision is not within his authority, he will know the proper office to contact.

Formulations of several chemical pesticides are currently registered with EPA for

control of gypsy moth. The pesticides carbaryl, diflubenzuron, trichlorfon, and acephate have been primarily used in programs involving PPQ participation. These formulations are approved by PPQ for use on gypsy moth control programs.

While certain authorized pesticides can be used in areas involving food and forage crops, efforts should be made to keep spray deposits in such areas at a minimum consistent with attaining the desired objective of the treatment. If conditions favor drift into nontarget areas, treatments should cease. Eradication treatments should be monitored to determine if residues are present. People in the treatment areas must be notified prior to the program. An extensive public relations program is necessary when treatments are planned over residential areas. The objectives of the treatment and the description of the chemicals should be included. (Diflubenzuron is for forest use only.)

Carbaryl is highly toxic to bees. Generally, arrangements are made with the appropriate official of the cooperating State involved in the treatment program to insure that the domestic bee problem is satisfactorily handled. If bee hives are temporarily moved from the area scheduled for treatment, a minimum of one mile outside the spray boundaries is suggested. Bees sometimes fly several miles from the apiary, but as the distance to a treated area increases, the hazard decreases. It is not necessary to remove honey bee colonies from areas that are to be treated with diflubenzuron or trichlorfon.

In recent years pollen traps installed at the entrances of bee hives have been used with some success in lieu of moving the hives. The traps prevent pesticide-contaminated pollen from being carried into the hives. Information on these traps is available from PPQ District Offices.

A. Federal Bee Indemnification Program administered by the Agricultural Stabilization and Conservation Service (ASCS) provides for reimbursement to bee owners who sustain bee losses due to Federal-State treatment programs. This indemnification places certain responsibilities upon PPQ, ASCS, and bee owners before payments for bee losses are considered. PPQ District Offices should be aware of current policy and procedures related to the indemnification program and insure that fulfillment of PPQ's responsibilities is adequately considered in program planning. Guidelines on PPQ responsibility for preventing bee destruction are available from PPQ National Program Planning Staff, Hyattsville, Maryland.

Current pesticide labels contain more specific and detailed information than was required in the past. PPQ personnel charged with planning and directing pest control