[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]



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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.

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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 <SUP>1 designated in Sec. 301.48(b) only if:
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    \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