Baggage Inspection for Domestic Flights From Puerto Rico and the U.S. Virgin Islands

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 318

[Docket No. 98-120-1]

Baggage Inspection for Domestic Flights From Puerto Rico and the

U.S. Virgin Islands

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and request for comments.

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SUMMARY: The Animal and Plant Health Inspection Service is soliciting

public comment on changes we are considering making to regulations

requiring inspections of airline passenger baggage on domestic flights

leaving Puerto Rico and the U.S. Virgin Islands. Currently, air

passengers must offer their carry-on and check-in baggage for

inspection prior to boarding any domestic flight from Puerto Rico or

the U.S. Virgin Islands to other parts of the United States, except

Guam. Baggage is inspected to ensure that it is free of unauthorized

fruits, vegetables, or other material that could harbor plant pests. We

are considering changing this practice by concentrating inspections on

flights that stop or end in parts of the United States where the plant

pests could become established and reducing inspection of baggage on

other flights.

We will hold two public hearings to discuss the regulatory changes

we are considering in this advance notice of proposed rulemaking.

DATES: We invite you to comment on this docket. We will consider all

comments that we receive by October 29, 1999. We also will consider

comments made at two public hearings scheduled to be held in San Juan,

PR, on October 5, 1999, and in Sacramento, CA, on October 7, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

120-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3CO3,

4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that

your comment refers to Docket No. 98-120-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

The public hearing in San Juan, PR, will be held at the Biblioteca

Carnegie/Carnegie Library, Departamento de Educacion/Department of

Education, Avenue Ponce de Leon 7, San Juan, PR.

The public hearing in Sacramento, CA, will be held at the Red Lion Inn-

Sacramento, Comstock II Room, 1401 Arden Way, Sacramento, CA.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Smith, Senior Operations

Officer, Safeguarding and Pest Management, PPQ, APHIS, 4700 River Road

Unit 60, Riverdale, MD 20737-1236; (301) 734-8295; fax: (301) 734-8584;

or e-mail: Jim.F.S[email protected].

SUPPLEMENTARY INFORMATION:

Background

The regulations in ``Subpart--Fruits and Vegetables from Puerto

Rico or the Virgin Islands'' (7 CFR 318.58 through 318.58-16, referred

to below as the regulations) are designed to prevent the dissemination

of plant pests, including diseases, from Puerto Rico or the U.S. Virgin

Islands into other parts of the United States.

Currently, the regulations in Sec. 318.58-10 require all air

passengers to offer their carry-on and check-in baggage and other

personal effects for inspection prior to boarding flights from Puerto

Rico or the U.S. Virgin Islands to other parts of the United States,

except Guam.

The purpose of the inspections is to ensure that the baggage does

not contain any agricultural articles that could carry plant pests,

including diseases, to other parts of the United States. After

inspecting and passing the baggage or personal effects, inspectors

apply a United States Department of Agriculture (USDA) stamp,

inspection sticker, or other identification to indicate that the

baggage has been inspected and passed as required. The regulations

prohibit airlines from accepting check-in baggage that has not been

tagged.

New global trade patterns have resulted in increased agricultural

imports into Puerto Rico and the U.S. Virgin Islands. More imports have

increased the need for inspection of agricultural cargo, smuggling

interdiction, and new pest monitoring activities. However, our current

practice of requiring all air passengers on all flights from Puerto

Rico and the U.S. Virgin Islands to other parts of the United States to

offer their baggage for inspection prevents us from reallocating

resources to other inspection and plant pest prevention activities.

Current baggage inspection requirements also have created long lines

and frustrated air passengers. As a result, we have reviewed our

procedures to see if any changes might be appropriate.

As part of this review, we analyzed pest interception records from

predeparture baggage inspections in San Juan, PR, during fiscal years

1994 through 1996. This analysis was conducted to determine whether the

intercepted pests posed a risk to mainland United States agriculture

generally or whether the risk was significant only if the pests were

introduced into the southern United States. The analysis evaluated 36

pests and determined that intercepted plant pests in baggage from

Puerto Rico pose a limited threat to agriculture in the northern United

States. Cooler temperatures north of 38 deg. latitude, especially from

October 1 through April 30, effectively prevent the permanent

establishment of tropical or subtropical plant pests and diseases in

the northern United States. The analysis, titled ``Hazard

Identification Analysis; Evaluation of San Juan Predeparture

Interceptions in Baggage FY 1994-96,'' is available for public review

on the Internet at http://www.usda.gov/ppq/ss/cobra/hazardsanjuan.html.

You may also request a copy from the person listed under FOR FURTHER

INFORMATION CONTACT.

[[Page 47142]]

The hazard identification analysis suggests that even if passenger

baggage from Puerto Rico contained unauthorized fruits, vegetables, or

other plant material and was carried into the northern United States,

any plant pest in the baggage would present an insignificant risk.

These conclusions are also applicable to passenger baggage from the

U.S. Virgin Islands due to current practices that allow for the

unrestricted movement of fruits, vegetables, or other plant material

between Puerto Rico and the U.S. Virgin Islands. As a result, we are

considering reducing baggage inspections on flights from Puerto Rico or

the U.S. Virgin Islands that stop or end in the northern United States

without a stop in the southern continental United States or Hawaii.

However, because the climate on the west coast of the United States

also could support populations of some pests of concern, we are

considering ending mandatory inspection of baggage only for flights

that will stop or end in parts of the continental United States east of

117 deg. longitude and north of 38 deg. latitude without a stop in

either Hawaii or parts of the continental United States west of

117 deg. longitude and south of 38 deg. latitude. Roughly, the 38 deg.

latitude runs south of Washington and Baltimore on the east coast,

south of Kansas City and Denver in the central United States, and south

of Salt Lake City in the western United States. The 117 deg. longitude

corresponds to the State boundaries of Washington and Idaho in the

northern United States and intersects the 38 deg. latitude in south-

central Nevada. This means that all carry-on and check-in baggage on

flights from Puerto Rico and the U.S. Virgin Islands to California,

Hawaii, Oregon, Washington, and the southern continental United States

would continue to be inspected and tagged prior to departure. The

inspection and tagging procedures for baggage on these flights are

necessary to ensure that the baggage does not contain agricultural

commodities that could carry plant pests from Puerto Rico or the U.S.

Virgin Islands to other parts of the United States where the pests

could become established.

For flights that do not stop in Hawaii or parts of the continental

United States south of 38 deg. latitude or west of 117 deg. longitude,

passengers would be required to offer baggage for inspection as

directed by the local port director. The local port director could

indicate whether passengers on a particular flight needed to offer

baggage for inspection by posting signs in the airport departure

terminal. The port director would use a random sampling method or risk-

based criteria to select specific flights for inspection. The risk-

based criteria would include: Seasonal conditions in the area where the

flight would stop (e.g. if a flight would stop in an area where summer

weather and available host material could support a local, temporary

infestation); detection of pests not considered in the hazard

identification analysis (e.g. outbreaks of new pests or diseases of

plants or animals in Puerto Rico, the U.S. Virgin Islands, or

neighboring islands); and monitoring data that indicates that air

passengers may board connecting flights for continental United States

destinations south of 38 deg. latitude, west of 117 deg. longitude, or

Hawaii. This change in procedures would provide local port directors

with the discretion to redirect resources and focus inspection efforts

on higher risk activities. However, passengers leaving Puerto Rico or

the U.S. Virgin Islands for any domestic destination would continue to

be informed about fruits and vegetables and other materials prohibited

in baggage, and the periodic inspections of baggage on flights to

locations east of 117 deg. longitude and north of 38 deg. latitude

would deter passengers from carrying this material in their baggage.

If we adopted the changes just described, we would also need to

change our current requirements for tagging check-in baggage. As noted

earlier, the regulations prohibit airlines from accepting check-in

baggage that has not been tagged as inspected. We would maintain this

requirement only for check-in baggage on flights that would stop or end

in Hawaii or a place in the continental United States south of 38 deg.

latitude or west of 117 deg. longitude. Check-in baggage on other

domestic flights would not always be inspected.

Comments are invited on these potential changes to our procedures

for inspecting passenger baggage. In particular, we are soliciting

comments on the following questions:

1. Does the hazard identification analysis of predeparture baggage

from San Juan, PR, adequately address plant pest risk associated with

passenger baggage from Puerto Rico?

2. Does the hazard identification analysis of predeparture baggage

from San Juan, PR, adequately address plant pest risk associated with

passenger baggage from the U.S. Virgin Islands?

3. Does passenger baggage from Puerto Rico or the U.S. Virgin

Islands present a risk of carrying agricultural commodities that confer

risks to agriculture other than plant pests risks (e.g. noxious weeds,

animal pests or diseases)?

Public Hearings

In addition to accepting written comments, we will hold two public

hearings to discuss the regulatory changes under consideration in this

advance notice of proposed rulemaking. One public hearing will be held

on October 5, 1999, at the Biblioteca Carnegie/Carnegie Library,

Departamento de Educacion/Department of Education, Avenue Ponce de Leon

#7, San Juan, PR. The second hearing will be held on October 7, 1999,

at the Red Lion Inn-Sacramento, Comstock II Room, 1401 Arden Way,

Sacramento, CA.

A representative of APHIS will preside at the public hearings. Any

interested person may appear and be heard in person, by attorney, or by

other representative. Persons who wish to speak at the public hearings

will be asked to sign in, listing their names and organizations.

The public hearings will begin at 9 a.m. local time and are

scheduled to end at 5 p.m. local time. However, the hearings may be

terminated at any time after they begin if all persons desiring to

speak have been heard. We ask that anyone who reads a statement provide

two copies to the presiding officer at the hearing. If the number of

speakers at the hearing warrants, the presiding officer may limit the

time for each presentation so that everyone wishing to speak has the

opportunity.

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a,

and 167; 7 CFR 2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 23rd day of August, 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-22447 Filed 8-27-99; 8:45 am]

BILLING CODE 3410-34-P