Japanese Beetle; Domestic Quarantine and Regulations

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 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.

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(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