[Federal Register Volume 63, Number 21 (Monday, February 2, 1998)]
[Proposed Rules]
[Page 5329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2503]



[[Page 5329]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 259

[Docket No. OST-95-223]
RIN 2105-AC14


Aircraft Disinsection

AGENCY: Office of the Secretary (DOT).

ACTION: Termination of rulemaking.

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SUMMARY: Effective immediately, the Department of Transportation is 
terminating a rulemaking that would have required 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 would be sprayed with insecticide 
while passengers are on board and to provide, immediately upon request, 
the name of the insecticide used. The Department is terminating the 
rulemaking because almost all countries with direct air service from 
the United States have eliminated this practice.

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: In 60 FR 3596, January 18, 1995, the 
Department proposed a rule to require airlines and travel agencies to 
notify prospective customers, when booking transportation on flights 
outbound from the United States, if the aircraft would be sprayed with 
an insecticide while passengers are on board. In addition, the rule 
proposed to require carriers and agents to disclose the name of the 
insecticide used immediately upon request.
    Forty-seven commenters responded to the Notice of Proposed 
Rulemaking. The commenters included a U.S. Senator, airlines, aviation-
related associations, a flight attendant's union, foreign governments, 
health and environmental groups and private citizens. In general, the 
airlines and travel agents opposed the rule, while the general public, 
health organizations, flight attendants and pilots favored the 
promulgation of a rule.
    Among the comments submitted by those opposing the rule were that 
it would be a burden on industry, would not be cost beneficial, that it 
would be difficult to keep up with changing disinsection requirements 
and that using diplomatic efforts would be a preferable solution. Those 
favoring the rule believed that the rule would provide important 
information to potential passengers in a timely manner.
    In addition to pursuing a rulemaking, the United States turned to 
two United Nations agencies for assistance. In response to concerns of 
the U.S. and other countries, both the International Civil Aviation 
Organization and the World Health Organization recommended against the 
routine disinsection of flights with an aerosol while passengers are on 
board. Further, they recommended that the practice should be limited to 
flights originating in, or passing through, those places that pose a 
threat to a country's public health, agriculture or environment.
    The United States also worked closely with countries that had a 
disinsection requirement. At the time of the notice of proposed 
rulemaking, 19 countries required the routine spraying of all inbound 
flights while passengers are on board. Today, that number has been 
reduced to four, of which only two--(1) Trinidad and Tobago, and (2) 
Grenada--would be covered by the rule. These two countries represent 
only 0.3 percent of the U.S.-international scheduled passenger market. 
The other two countries--Kiribati and Madagascar--are not served by 
non-stop flights from the U.S. and would, therefore, not have fallen 
under the purview of the rule.
    The reduction in countries requiring spraying is even more dramatic 
when compared to the condition that existed when the issue was first 
brought to the attention of the Department in January 1994. At that 
time, 25 countries required the routine disinsection of all inbound 
flights while passengers are on board.
    In light of the reduction in the number of countries requiring 
disinsection, the issuance of a final rule cannot be justified. 
However, terminating the rulemaking does not mean that the Department 
will abandon its efforts to eliminate unnecessary spraying. The 
Department intends to continue to keep the public informed of those 
countries that require disinsection. In addition to providing 
information to the media, the Department has established a site on the 
World Wide Web listing countries that require disinsection.

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 placed a regulatory 
evaluation that examined the estimated costs and impacts of the 
proposal in the docket. It has not quantified the costs of this 
termination but expects any economic impact to be minimal. Adopting a 
regulatory regime for the few flights involved would have been 
unnecessarily costly and burdensome, particularly for travel agents, 
many of which are small entities. Persons that wish to find out what 
countries still require spraying will be able to find out via the 
internet or by calling DOT or the airline.

    Issued in Washington, DC on December 22, 1997.
Rodney Slater,
Secretary.
[FR Doc. 98-2503 Filed 1-30-98; 8:45 am]
BILLING CODE 4910-62-P