[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32636-32641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16160]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-087-1]
Japanese Beetle; Domestic Quarantine and Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the Japanese beetle quarantine and regulations
to add Minnesota and Wisconsin to the list of quarantined States and to
provide greater specificity about what actions must be taken to prevent
the spread of Japanese beetle by aircraft from regulated airports. The
actions specified by these amendments are necessary to prevent the
spread of Japanese beetle into noninfested areas of the United States.
We are also amending the regulations to allow carriers at regulated
airports the option of performing some activities under a compliance
agreement with the Animal and Plant Health Inspection Service,
[[Page 32637]]
rather than in the presence of an inspector.
DATES: Interim rule effective June 20, 1996. Consideration will be
given only to comments received on or before August 26, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-087-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-087-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Mario A. Rodriguez, Operations
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Japanese beetle feeds on fruits, vegetables, and ornamental
plants and is capable of causing damage to over 300 potential hosts.
The Japanese beetle quarantine and regulations, contained in 7 CFR
301.48 through 301.48-7 (referred to below as the regulations),
quarantine the States of Alabama, Connecticut, Delaware, Georgia,
Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, West Virginia, and the District of Columbia and restrict the
interstate movement of aircraft from regulated airports in these States
in order to prevent the spread of the Japanese beetle.
The Japanese beetle is active during daylight hours only. Under
Sec. 301.48-2 of the regulations, an inspector of the Animal and Plant
Health Inspection Service (APHIS) may designate any airport within a
quarantined State as a regulated airport if he or she determines that
adult populations of Japanese beetle exist during daylight hours at the
airport to the degree that aircraft using the airport constitute a
threat to spread the Japanese beetle to the seven States listed in
Sec. 301.48(b) (Arizona, California, Idaho, Nevada, Oregon, Utah, and
Washington). An inspector may terminate an airport's designation as
regulated when he or she determines that adult populations of Japanese
beetle no longer exist at the airport to the degree that aircraft using
the airport pose a threat to spread this pest.
Also, under Sec. 301.48-4 of the regulations, a regulated article
may move interstate from a regulated airport to the protected States
only if: (1) The regulated article has been treated in accordance with
the Plant Protection and Quarantine Treatment Manual, which is
incorporated into the regulations by reference at 7 CFR 300.1; or (2)
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 (3) the regulated article arrives and leaves the
regulated airport during the same nondaylight period.
APHIS and State plant health officials constantly monitor the
Japanese beetle population in the United States. Recent trapping
surveys indicate that the States of Minnesota and Wisconsin are now
infested with Japanese beetle. Therefore, we are amending the
regulations in Sec. 301.48(a) to add Minnesota and Wisconsin to the
list of States quarantined for Japanese beetle. We are also amending
the regulations to provide greater specificity about what actions must
be taken to ensure aircraft do not spread Japanese beetle from
regulated airports. The actions specified by these amendments are
necessary to prevent the spread of Japanese beetle to noninfested areas
of the United States. We are also amending the regulations to allow
carriers the option of performing some activities under a compliance
agreement with APHIS, rather than in the presence of an inspector.
We are also amending the definition of ``regulated airport'' in
Sec. 301.48-1 of the regulations to include portions of airports, as
well as entire airports. The current definition pertains only to
airports in their entirety. This change will allow APHIS inspectors to
quarantine only those portions of an airport that are at significant
risk of being infested with Japanese beetles. Generally, these areas
are at the periphery of airports, where commercial carriers of goods
are frequently located. Passenger airlines generally use the portion of
an airport closest to the terminal, where the risk of Japanese beetle
infestation is low. This change would remove a burden on carriers that
use airport areas at low risk of Japanese beetle infestation because
these parts of airports could be excluded from regulation.
We are amending the regulations so that an aircraft may move
interstate from a regulated airport to a protected State only if: (1)
An inspector, upon visual inspection of the airport and/or aircraft,
determines that the aircraft does not present a threat to spread the
Japanese beetle because adult beetle populations are not present; or
(2) the aircraft is opened and loaded only while it is enclosed in a
hangar that APHIS has determined to be free of and safeguarded against
Japanese beetle; or (3) the aircraft is loaded during the hours of 8:00
p.m. to 7:00 a.m. (generally nondaylight) only or lands and departs
during those hours and, in either situation, is kept completely closed
while on the ground during the hours of 7:00 a.m. to 8:00 p.m.; or (4)
if opened and loaded during daylight hours, the aircraft is inspected,
treated, and safeguarded.
If the fourth alternative is chosen, the inspection, treatment, and
safeguarding must be done either under the supervision of an inspector
or under compliance agreement with APHIS. The inspection, treatment,
and safeguarding shall include some or all of the following eight
requirements and any other conditions determined by APHIS to be
necessary to prevent the spread of Japanese beetle:
1. All openings of the aircraft must be closed or safeguarded
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or
by other means approved by APHIS.
2. All cargo containers that have not been safeguarded in a
protected area must be inspected immediately prior to and during the
loading process. All personnel must check their clothing immediately
prior to entering the aircraft. All Japanese beetles found must be
removed and destroyed.
3. All areas around doors and hatches or other openings in the
aircraft must be inspected prior to removing the exclusionary devices.
All Japanese beetles found must be removed and destroyed. All doors and
hatches must be closed immediately after the exclusionary devices are
moved away from the aircraft.
4. Aircraft must be treated in accordance with the Treatment Manual
no more than 1 hour before loading. The approved pesticide should be
held at a 45-degree angle toward the floor of the aircraft to ensure
full coverage at the specified rate. Particular attention should be
paid to the ball mat area and the holes around the main entrance. The
aircraft must then be aerated under safeguard conditions for 15
minutes.
5. Aircraft treatment records must be maintained for 2 years by the
applicator
[[Page 32638]]
completing or supervising the treatment. These records must be provided
upon request for review by an inspector. Treatment records shall
include the pesticide used, the date of application, the location where
the pesticide was applied (airport and aircraft), the amount of
pesticide applied, and the name of the applicator.
6. When ``tail swapping'' procedures are implemented (replacement
of a designated aircraft with an alternate one when mechanical or other
problems occur in the designated aircraft before departure), the
alternate aircraft must be inspected and all Japanese beetles must be
removed. The aircraft must be safeguarded by closing all openings and
hatches or by equipping the aircraft with exclusionary devices until
the aircraft is ready for use. During loading, all treatment and
safeguard requirements applicable to regularly scheduled aircraft must
be implemented.
7. Aircraft may be retreated in the noninfested State if Japanese
beetles are found.
8. Notification of unscheduled commercial flights and of all
military flights must be given at least 1 hour before departure to the
appropriate person in the destination airport of any of the States
listed in Sec. 301.48(b). Notification of arriving military flights
should also be given to base commanders to facilitate the entrance of
Federal and/or State inspectors onto the base, if necessary.
Inspectors will determine which of these eight requirements are
appropriate for each individual carrier on a case-by-case basis. The
requirements could vary not only among carriers at different airports
but also among carriers at the same airport based on varying degrees of
pest risk. As described previously, the location of a carrier at an
airport plays a large part in determining the risk of Japanese beetle
infestation.
Any person who enters into a compliance agreement, and employees or
agents of that person, must allow inspectors access to all records
regarding treatment of aircraft and to all areas where loading,
unloading, and treatment of aircraft occurs. Approval for a compliance
agreement may be canceled at any time if the Administrator determines
that the requirements of the agreement are not being met.
We are also amending the regulations by making some changes that
pertain to internal agency management. The regulations indicate that
the Deputy Administrator, Plant Protection and Quarantine, APHIS, is
the official responsible for various decisions under the regulations.
We are revising the regulations to indicate that the primary
responsibility for various decisions under these regulations belongs to
the APHIS Administrator. We are replacing all references to ``Deputy
Administrator'' with references to ``Administrator'' and are replacing
all references to ``Plant Protection and Quarantine'' with references
to ``Animal and Plant Health Inspection Service.'' Similar changes have
been made to other APHIS regulations.
Nonsubstantive Changes
We are making one nonsubstantive change to correct an error in a
previous rulemaking that pertained to the Japanese beetle regulations.
On January 12, 1987, we published in the Federal Register (52 FR 1179-
1180, Docket No. 86-351) a final rule that, among other things, amended
7 CFR 300, ``Incorporation by Reference,'' to remove the Japanese
Beetle Program Manual from the list of materials incorporated into the
regulations by reference. However, this change was not reflected in the
Japanese beetle regulations. We are therefore removing the reference to
the ``Japanese Beetle Program Manual'' in the definition of ``Treatment
manual'' at Sec. 301.48-1 of the regulations to reflect the change that
became effective upon publication of the final rule of January 12,
1987.
We are making several editorial changes to improve the regulations.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. Immediate action is
necessary to implement improved procedures for preventing the spread of
Japanese beetle to noninfested areas of the United States prior to the
beginning of the 1996 season of Japanese beetle activity (mid-June in
many parts of the country).
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make this
rule effective upon publication in the Federal Register. We will
consider comments that are received within 60 days of publication of
this rule in the Federal Register. After the comment period closes, we
will publish another document in the Federal Register. It will include
a discussion of any comments we receive and any amendments we are
making to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
The Japanese beetle regulations are being amended to add Minnesota
and Wisconsin to the list of States regulated for Japanese beetle and
to state in more detail the requirements for the interstate movement of
aircraft from regulated airports. Thus, the rule clarifies Japanese
beetle domestic quarantine regulations, but actual practices at the
regulated airports will not be significantly altered.
While the status of certain airports under regulation has changed
from year to year, the total number of regulated airports has averaged
about eight for several years and is not expected to change in the
foreseeable future. Nearly all regulated flights are loaded in
accordance with inspection, treatment, and safeguarding procedures
under APHIS supervision. The costs incurred by the affected air
carriers for complying with the inspection, treatment, and safeguarding
requirements of the regulations are not expected to change.
The only significant change in actual program operations is that
inspection, treatment, and safeguarding requirements for aircraft may
be done under a compliance agreement with APHIS, without the direct
supervision of an inspector. The possibility of compliance agreements
may create time-saving opportunities for the affected air carriers due
to increased flexibility in timing and flight schedules. These time-
saving opportunities may translate into lower costs for the affected
air carriers.
According to the Small Business Administration, an air carrier with
1,500 employees or less is considered small. The exact number or
percentage of small air carriers is not known. Even though most of the
affected flights from regulated airports are those of large air
carriers, other, smaller companies may benefit indirectly from the more
timely and perhaps more frequent departures that may result from the
compliance agreements.
Regulated airports and affected air carriers consider it important
to minimize the risk of transporting the Japanese beetle. Some of them
volunteer turf treatments in areas surrounding the airports. In
addition, APHIS encourages the planting of nonhost plants near the
regulated airports. According to airport authorities and air carriers,
such activities entail costs that are worthwhile when compared to the
potential costs of disrupted business
[[Page 32639]]
that would result if the Japanese beetle were transported.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the amendments to the Japanese beetle regulations
will not present a risk of introducing or disseminating plant pests and
will not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection at USDA, room
1141, South Building, 14th Street and Independence Avenue SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. Persons wishing to inspect copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT. The environmental assessment and
finding of no significant impact are also posted on the Worldwide Web.
The URL is http://www.aphis.usda.gov/bbep/ead/ppqdocs.html.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). This interim rule amends the existing information collections
approved by OMB under control number 0579-0088, and OMB has granted
emergency approval under this control number. Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act, unless that collection of information displays a
currently valid OMB control number. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please state that your
comments refer to Docket No. 95-087-1. Please send a copy of your
comments to: (1) Docket No. 95-087-1, Regulatory Analysis and
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118,
Riverdale, MD 20737-1238, and (2) Clearance Officer, OIRM, USDA, room
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250.
Abstract
We are publishing an interim rule (95-087-1) to add two new States
(Minnesota and Wisconsin) to the list of States quarantined because of
the Japanese beetle and to provide greater specificity concerning what
actions need to be taken to ensure that aircraft do not spread Japanese
beetles from regulated airports.
Aircraft that depart from regulated airports in quarantined States
are subject to regulations designed to prevent the spread of the
Japanese beetle to other States.
Our interim rule also provides carriers engaged in the
transportation of goods from regulated airports with the option of
performing some activities (such as treating and safeguarding the
aircraft) under a compliance agreement with us, rather than in the
presence of an inspector.
This regulatory action is designed to prevent the spread of the
Japanese beetle within the United States. Its implementation will
require us to engage in certain information collection activities that
will necessitate the use of several forms, including aircraft treatment
records, notifications of arrival, and compliance agreements.
We are seeking OMB approval to use these forms.
Aircraft treatment records: An aircraft that is preparing to depart
from a regulated airport must be treated with an approved pesticide no
more than 1 hour before it is loaded. The individual completing or
supervising this treatment must maintain these treatment records for 2
years. The records must be made available to an inspector upon request.
The records must include the pesticide used, the date of application,
the location where the pesticide was applied (airport and aircraft),
the amount of pesticide applied, and the name of the individual who
performed the treatment.
Notification of arrival: Appropriate personnel at the destination
airport must be notified of an incoming, unscheduled commercial flight
(and all military flights) at least 1 hour before the aircraft departs
from a regulated airport. This notification is always accomplished via
a telephone call. Inspectors in the destination area need this
information to schedule their work, thus minimizing delays in
accomplishing inspections and necessary treatments of regulated
articles upon their arrival.
Compliance agreement and cancellation: Certain precautions must be
taken before an aircraft departs from a regulated airport. The aircraft
may depart if an inspector determines that adult Japanese beetles are
not present at the airport; or the aircraft may depart if it has been
opened and loaded only in a hangar that we have determined is free of
Japanese beetles; or it may depart if it has been loaded only during
nondaylight hours (since Japanese beetles are active during daylight
hours only); or the aircraft may depart if it is opened and loaded
during the day but is subsequently inspected, treated, and safeguarded.
Our interim rule provides the carrier with the option of having the
inspection, treatment, and safeguarding performed under the direct
supervision of an inspector or under a compliance agreement with APHIS.
The compliance agreement would specify what procedures and precautions
the carrier must undertake to prevent the aircraft
[[Page 32640]]
from spreading the Japanese beetle to noninfested areas of the United
States.
Approval of a compliance agreement can be withdrawn if we determine
that the requirements in the agreement are not being met.
If a compliance agreement has been canceled or denied, the
applicant may appeal in writing within 10 days after receiving written
notification.
The information collection activities described above are a crucial
component of our program to prevent the spread of the Japanese beetle.
The purpose of this notice is to solicit comments from the public
(as well as affected agencies) concerning this information collection
activity. We need this outside input to help us:
Evaluate whether the information collection is necessary for the
proper performance of our agency's functions, including whether the
information will have practical utility;
Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
Enhance the quality, utility, and clarity of the information to be
collected; and
Minimize the burden of the information collection on those who are
to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 2 hours and 51 minutes per
response.
Respondents: Importers, airport personnel, carriers.
Estimated number of respondents: 29.
Estimated number of responses per respondent: 1.41.
Estimated total annual burden on respondent: 117 hours.
Copies of this information collection can be obtained from the
Department of Agriculture, Clearance Officer, OIRM, Ag. Box 7630,
Washington, DC 20250.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 301.48 [Amended]
2. In Sec. 301.48, paragraph (a) is amended by adding the word
``Minnesota,'' after the word ``Michigan,'' and by adding the word
``Wisconsin,'' after the words ``West Virginia,''.
3. Section 301.48-1 is amended as follows:
a. By removing the definitions for Deputy Administrator and Plant
Protection and Quarantine Programs.
b. By adding definitions in alphabetical order for Administrator,
Animal and Plant Health Inspection Service (APHIS), and Compliance
agreement to read as set forth below.
c. By revising the definitions of Inspector, Regulated airport, and
Treatment manual to read as set forth below.
Sec. 301.48-1 Definitions.
* * * * *
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in the business of
moving regulated articles interstate, in which the person agrees to
comply with the provisions of this subpart.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or other person, authorized by
the Administrator to enforce the provisions of the quarantine and
regulations in this subpart.
* * * * *
Regulated airport. Any airport or portions of an airport in a
quarantined State declared regulated in accordance with provisions in
Sec. 301.48-2 of this subpart.
* * * * *
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
* * * * *
Sec. 301.48-2 [Amended]
4. Section 301.48-2 is amended by adding the words ``or she'' after
the word ``he'' where it appears in paragraphs (a) and (b).
Sec. 301.48-3 [Amended]
5. Section 301.48-3 is amended by removing the word ``Deputy''.
6. Section 301.48-4 is revised to read as follows:
Sec. 301.48-4 Conditions governing the interstate movement of
regulated articles from quarantined States.
A regulated article may be moved interstate from a regulated
airport to any State 1 designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic
plant quarantines must be met.
---------------------------------------------------------------------------
(a) An inspector, upon visual inspection of the airport and/or the
aircraft, determines that the regulated article does not present a
threat to spread the Japanese beetle because adult beetle populations
are not present; or
(b) The aircraft is opened and loaded only while it is enclosed
inside a hangar that an inspector has determined to be free of and
safeguarded against Japanese beetle; or
(c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00
a.m. only or lands and departs during those hours and, in either
situation, is kept completely closed while on the ground during the
hours of 7:00 a.m. to 8:00 p.m.; or
(d) If opened and loaded between the hours of 7:00 a.m. to 8:00
p.m., the aircraft is inspected, treated, and safeguarded. Inspection,
treatment, and safeguarding must be done either under a compliance
agreement in accordance with Sec. 301.48-8 or under the direct
supervision of an inspector. On a case-by-case basis, inspectors will
determine which of the following conditions, and any supplemental
conditions deemed necessary by the Administrator to prevent the spread
of Japanese beetle, are required:
(1) All openings of the aircraft must be closed or safeguarded
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or
by other means approved by the Administrator.
(2) All cargo containers that have not been safeguarded in a
protected area must be inspected immediately prior to and during the
loading process. All personnel must check their clothing immediately
prior to entering the aircraft. All Japanese beetles found must be
removed and destroyed.
(3) All areas around doors and hatches or other openings in the
aircraft must be inspected prior to removing the exclusionary devices.
All Japanese beetles found must be removed and destroyed. All doors and
hatches must be closed immediately after the exclusionary devices are
moved away from the aircraft.
[[Page 32641]]
(4) Aircraft must be treated in accordance with the Treatment
Manual no more than 1 hour before loading. The approved pesticide
should be held at a 45-degree angle toward the floor of the aircraft to
ensure full coverage at the specified rate. Particular attention should
be paid to the ball mat area and the holes around the main entrance.
The aircraft must then be aerated under safeguard conditions for 15
minutes.
(5) Aircraft treatment records must be maintained by the applicator
completing or supervising the treatment for a period of 2 years. These
records must be provided upon request for review by an inspector.
Treatment records shall include the pesticide used, the date of
application, the location where the pesticide was applied (airport and
aircraft), the amount of pesticide applied, and the name of the
applicator.
(6) When ``tail swapping'' procedures are implemented (replacement
of a designated aircraft with an alternate one when mechanical or other
problems occur in the designated aircraft before departure), the
alternate aircraft must be inspected and all Japanese beetles must be
removed. The aircraft must be safeguarded by closing all openings and
hatches or by equipping the aircraft with exclusionary devices until
the aircraft is ready for use. During loading, all treatment and
safeguard requirements applicable to regularly scheduled aircraft must
be implemented.
(7) Aircraft may be retreated in the noninfested State if live
Japanese beetles are found.
(8) Notification of unscheduled commercial flights and of all
military flights must be given at least 1 hour before departure to the
appropriate person in the destination airport of any of the States
listed in Sec. 301.48(b). Notification of arriving military flights
should also be given to base commanders to facilitate the entrance of
Federal and/or State inspectors onto the base if necessary.
Sec. 301.48-5 [Amended]
7. Section 301.48-5 is amended by removing the word ``Deputy''.
Sec. 301.48-6 [Amended]
8. Section 301.48-6 is amended by removing the word ``Deputy''.
9. A new Sec. 301.48-8 is added to read as set forth below.
Sec. 301.48-8 Compliance agreements and cancellation.
(a) Any person engaged in the business of moving regulated articles
may enter into a compliance agreement to facilitate the movement of
such articles under this subpart. Any person who enters into a
compliance agreement, and employees or agents of that person, must
allow an inspector access to all records regarding treatment of
aircraft and to all areas where loading, unloading, and treatment of
aircraft occurs.
(b) A compliance agreement may be canceled by an inspector, orally
or in writing, whenever he or she determines that the person who has
entered into the compliance agreement has failed to comply with the
agreement or this subpart. If the cancellation is oral, the
cancellation and the reasons for the cancellation will be confirmed in
writing within 20 days of oral notification. Any person whose
compliance agreement has been canceled may appeal the decision, in
writing, to the Administrator within 10 days after receiving written
notification of the cancellation. The appeal must state all of the
facts and reasons upon which the person relies to show that the
compliance agreement was wrongfully canceled. A hearing will be held to
resolve any conflict as to any material fact. The Administrator shall
adopt rules of practice for the hearing. An appeal shall be granted or
denied, in writing, as promptly as circumstances allow, and the reasons
for the decision shall be stated. The compliance agreement will remain
canceled pending the decision on the appeal.
Done in Washington, DC, this 20th day of June 1996.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-16160 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-34-P
