[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3596-3598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1260]



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DEPARTMENT OF TRANSPORTATION
Office of the Secretary

14 CFR Part 259

[Docket No. 50031; Notice 95-2]
RIN 2105-AC14


Aircraft Disinsection

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Transportation proposes to issued a rule 
that would require U.S. airlines, foreign airlines and their agents at 
time of booking transportation, to notify individuals purchasing 
tickets on flight segments originating in the United States if the 
aircraft will be sprayed with insecticide while passengers are on board 
and to provide immediately upon request the name of the insecticide 
used. This action is taken at the initiative of the Department.

DATES: The Department requests comments by March 20, 1995. The 
Department will consider late comments only to the extent practicable.

ADDRESSES: Comments should be sent to the Docket Clerk, Docket No. 
50031, U.S. Department of Transportation, 400 7th Street, SW., Room 
4107, Washington, DC 20590. To facilitate consideration of the 
comments, we ask commenters to file 5 copies of each set of comments. 
The docket will be available for inspection at this address from 9:00 
a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
Arnold G. Konheim, U.S. Department of Transportation (P-13), 400 7th 
Street, SW., Washington, DC 20590 (202) 366-4849.

SUPPLEMENTARY INFORMATION: 

Background

    The treatment of aircraft to kill insects (aircraft disinsection) 
has been an established practice throughout the world for a number of 
years. In fact, since the 1940's, nations have had the right to require 
the disinsection of inbound international aircraft flights under Annex 
9 (Facilitation) of the Chicago The treatment of aircraft to kill 
insects (aircraft disinsection) has been an Convention for reasons of 
public health and agriculture. Recently, concerns have arisen about the 
harmful effects of certain disinsection treatments. However as a 
signatory of the Chicago Convention, the U.S. cannot forbid any other 
country from requiring the disinsection of flights landing in that 
country's territory.

U.S. Experience

    During the late 1930's, the United States Public Health Service 
instituted insecticide spraying requirements covering all aircraft 
arriving at any U.S. port from an area infected with any insect-borne 
communicable disease. However, in 1979, the Centers for Disease Control 
and Prevention (CDC) amended the Foreign Quarantine Regulations (42 CFR 
Part 71) to discontinue requiring routine spraying because of concern 
for the health of passengers and crew, and the lack of evidence that 
aircraft spraying played a significant role in disease control, and the 
belief that discontinuation of spraying would not present a significant 
public health threat. Conversely, the spraying caused undue discomfort 
to many passengers, and had the potential for creating acute allergic 
reactions, asthmatic attacks, and other allergic or respiratory 
problems in certain passengers. Furthermore, yellow fever vaccine was 
readily available and very effective in providing long-term immunity 
for travelers going abroad, and routine mosquito surveillance and 
abatement procedures around U.S. international airports were utilized 
to prevent the introduction and spread of insect vectors.
    Since routine spraying of aircraft was discontinued in the United 
States in 1979, there have been no outbreaks of vector-borne disease in 
the United States that can be attributed to imported vectors. 
[[Page 3597]] 

International Actions

    The International Civil Aviation Organization (ICAO) has approved 
two methods of disinsection. In the aerosolized method, an insecticide 
is sprayed while passengers and crew are on board. ICAO specifies that 
an insecticide approved by the World Health Organization be used for 
this method of disinsection.
    The U.S. Environmental Protection Agency (EPA) had required that 
the product (d-phenothrin) used by U.S. carriers for the aerosolized 
method of disinsecting aircraft be labeled to show that it can be 
sprayed in airliner cabins to disinsect the aircraft but also warned 
that it is hazardous to humans. This inconsistency caused considerable 
public concern over aircraft spraying. In September 1994, the 
registrant of this insecticide submitted a labelling change indicating 
that the product is to be used only when passengers and crew are not on 
board. EPA accepted this change but has permitted the continued use of 
the product while passengers and crew are on board until the current 
inventory is exhausted.
    For the residual method, the insecticide permethrin is applied to 
the interior surfaces of the airplane cabin periodically (typically 
once every six to eight weeks) when passengers and crew are not on 
board. Having received no applications for the use of permethrin to 
disinsect aircraft, EPA has not approved the use of permethrin for this 
purpose. Accordingly, U.S. carriers electing this option must apply the 
permethrin abroad.

U.S. Actions

    On April 14, 1994, the Department requested that the Department of 
State forward a letter, through its diplomatic and consular posts, from 
the Secretary of Transportation to the ministers of transportation of 
every nation recognized by the United States. The letter requested 
information on each of these nation's disinsection requirements and 
also urged nations that require spraying while passengers and crew are 
on board to consider terminating that requirement.
    Based upon the response to these letters and from information 
provided by the airlines, the following nations* require spraying of 
insecticide while passengers and crew are on board for all aircraft 
landing in their territory:

    *This list is complete as of December 22, 1994.

    a. Argentina
    b. Antigua and Barbuda
    c. Barbados
    d. Congo
    e. Costa Rica
    f. Dominican Republic
    g. Grenada
    h. India
    i. Kenya
    j. Kiribati
    k. Madagascar
    l. Mauritius
    m. Mexico
    n. Mozambique
    o. New Caledonia
    p. Nicaragua
    q. Seychelles
    r. Trinidad and Tobago
    s. Yemen

    Five other countries, Australia, Fiji, Jamaica, New Zealand and 
Panama indicated that they require disinsection but leave the method--
direct or residual--up to the airline. Some other countries require 
spraying only on flights coming from countries affected by malaria, 
yellow fever, dengue fever or encephalitis.
    The Department has adopted a four-fold approach to addressing this 
issue. First, the Department has urged countries that require spraying 
while passengers and crew are on board to reconsider their practice and 
spray only when passengers and crew are not on board.
    Secondly, the Department provided immediate notice of countries 
that require spraying. On July 21, 1994, the Secretary conducted a 
press conference in which he distributed the names of countries that 
require the disinsection of inbound aircraft. Through letters to six 
medical associations, the Department notified the medical community of 
the practice and the names of the insecticides used for both the 
aerosolized and residual methods of disinsection. A number of 
interviews with the press and the travel community were conducted.
    Thirdly, the Department initiated this rulemaking to require that 
consumers be given notice of spraying at the time of booking of 
transportation.
    Finally, the Department requested that ICAO include disinsection on 
the agenda for the next meeting of the Facilitation Division, which is 
scheduled for April 1995. The Department is also providing funding to 
the World Health Organization (WHO) to sponsor a technical symposium in 
October 1995 on aircraft disinsection, in order that the practice be 
reviewed in light of current medical knowledge.

Proposal

    The Department proposes to issue a rule that would require U.S. 
airlines, foreign airlines and their agents to provide oral notice to 
individuals purchasing tickets to destinations for which the spraying 
of aircraft while passengers are on board is required, that the 
aircraft will be sprayed with insecticide while passengers are on 
board. The specific wording of the notice would be as follows:

    Federal regulations require that we warn you that during Flight 
number [identify flight number], the airplane cabin will be sprayed 
with insecticide while passengers are on board. This is a 
requirement of the Government of [identify name of country].

    The Department also proposes that upon request, the airlines and 
their agents shall immediately provide the name of the insecticide 
used.
    The rule would apply only to the initial outbound flight segment of 
flights from the United States.
    The Department of Transportation proposes to be responsible for 
maintaining the list of countries that require spraying. The Department 
would publish the list in the Federal Register and update it as 
necessary.
    The proposal may benefit travelers with severe allergies or 
multiple chemical sensitivities, as well as those travelers who find 
exposure to insecticides to be discomforting.

Additional Options

    Although public comment is invited on all aspects of the proposal, 
the Department, in particular, seeks comments to the following 
questions: Because of the difficulty of maintaining an accurate data 
base of the disinsection requirements of all nations that receive air 
service, particularly given that in some cases a country's disinsection 
requirements are a function of the country of origin of the flight, the 
proposed rule would not require the giving of notice of the spraying 
requirements of countries that are included in a passenger's itinerary 
beyond the initial out bound flight segment from the United States. 
Should notice be required for all flights on a traveler's itinerary?
    Practical considerations would make it difficult and of limited 
effectiveness to apply the proposal to foreign air carrier flights that 
are booked outside of the United States. Therefore, the proposed rule 
would not require notice for flights booked abroad. Should notice be 
required for flights booked abroad?
    The rule as proposed would require notice of only those flights in 
which an insecticide is sprayed while passengers and crew are on board. 
Should notice also be required for flights that are disinsected while 
passengers are not on board?
    The rule as proposed provides only for oral notice. Should the rule 
be expanded to require notice in schedules, [[Page 3598]] in 
advertisements or in writing at time of sale?

Regulatory Analysis and Notices

    The Department has determined that this action is not a significant 
regulatory action under Executive Order 12866 or under the Department's 
Regulatory Policies and Procedures. The Department has placed a 
regulatory evaluation that examines the estimated costs and impacts of 
the proposal in the docket.
    The Department certifies that this rule, if adopted, would not have 
a significant economic impact on a substantial number of small 
entities. Although many ticket agents and some air carriers are small 
entities, the Department believes that the costs of notification will 
be minimal. The Department seeks comment on whether there are 
unidentified small entity impacts that should be considered. If 
comments provide information that there are significant small entity 
impacts, the Department will prepare a regulatory flexibility analysis 
at the final rule stage.
    The Department does not believe that there would be sufficient 
federalism implications to warrant the preparation of a federalism 
assessment.

Paperwork Reduction Act

    The proposed rule does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. 2507 et seq.).

List of Subjects in 14 CFR Part 259

    Air carriers, Foreign air carriers.

    For the reasons set forth in the preamble, the Department proposes 
to amend Title 14, Chapter II, Subchapter A by adding a new part 259 to 
read as follows:

PART 259--DISINSECTION OF AIRCRAFT

Sec.
259.1  Purpose.
259.2  Applicability.
259.3  Definitions.
259.4  Notice requirement.

    Authority: 49 U.S.C. 40113(a) and 41712.


Sec. 259.1  Purpose.

    The purpose of this part is to ensure that ticket agents in the 
United States, air carriers and foreign air carriers tell consumers 
when the air transportation they are proposing to buy requires that the 
aircraft cabin will be sprayed with insecticide while passengers and 
crew are on board.


Sec. 259.2  Applicability.

    This rule applies to:
    (a) Direct air carriers and foreign direct air carriers operating 
aircraft in which the initial flight segment of flights outbound from 
the United States is disinsected by spraying the aircraft cabin with 
insecticide while passengers and crew are on board.
    (b) Ticket agents doing business in the United States that sell 
passenger air transportation services on flights described above.


Sec. 259.3  Definitions.

    (a) Carrier means any direct air carrier or foreign air carrier as 
defined in 49 U.S.C. 40102(2) or 49 U.S.C. 40102(21), respectively, 
that is engaged in passenger air transportation, including by wet 
lease.
    (b) Ticket agent has the meaning ascribed to it in 49 U.S.C. 
40102(40).


Sec. 259.4  Notice requirement.

    In any direct oral communication with a prospective customer 
concerning a flight that will be required to be sprayed with 
insecticide while passengers are on board, a ticket agent in the United 
States or a carrier shall verbally deliver the following warning:

    Federal regulations require that we warn you that during Flight 
Number [identify flight number], the airplane cabin will be sprayed 
with insecticide while passengers are on board. This is a 
requirement of the Government of [identify name of country].

    Further, upon request, the ticket agent in the United States or the 
carrier shall immediately provide the name of the insecticide used on 
that flight.

    Issued in Washington, DC on December 12, 1994.
Patrick V. Murphy,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 95-1260 Filed 1-17-95; 8:45 am]
BILLING CODE 4910-62-M