59210 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Notices 

1To view the notice, PRA, RMD, and comments 

we received, go to http://www.regulations.gov/#

!docketDetail;D=APHIS-2014-0029. 

Spodoptera litura) and one thrips 

(Scirtothrips dorsalis) identified in the 

PRA. 

We acknowledge that there are no 

specific harvest or post-harvest 

mitigation measures detailed in the 

RMD for those pests; however, evidence 

of these three insect pests can easily be 

detected during the required inspection 

process. In addition, the RMD states that 

standard commercial practices related to 

field sanitation must be used to discard 

infested leaves. If a thrip, identified as 

S. dorsalis, is found by an inspector 

during the required biometric sampling, 

then the entire consignment would be 

prohibited from being moved into the 

continental United States unless it is 

treated with an APHIS-approved 

treatment in Hawaii. 

One commenter raised concerns about 

a nematode, Ditylenchus dipsaci, that 

was not identified as a plant pest in the 

PRA. 

The nematode was analyzed and 

included within the appendix of the 

PRA, but no action is required against 

the nematode because the nematode is 

associated with the roots of the plant 

and is not expected to follow the 

pathway and become established via 

non-propagative material. 

Therefore, in accordance with 

§ 318.13–4, we are announcing our 

decision to begin allowing the interstate 

movement of Allium spp. leaves from 

Hawaii into the continental United 

States subject to the following 

phytosanitary measures: 

• Allium spp. leaves are moved as 

commercial consignments only. 

• A biometric sample of leaves of 

Allium spp. must be inspected for 

quarantine pests following any postharvest processing. If quarantine pests 

are found, the entire consignment will 

be prohibited from movement into the 

continental United States unless it is 

treated with an approved quarantine 

treatment monitored by APHIS. 

These conditions will be listed in the 

Hawaii Fruits and Vegetables Manual 

(available at http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/

downloads/hawaii.pdf). In addition to 

those specific measures, Allium spp. 

from Hawaii will be subject to the 

general requirements listed in § 318.13– 

3 that are applicable to the interstate 

movement of all fruits and vegetables 

from Hawaii. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Done in Washington, DC, this 26th day of 

September 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–23418 Filed 9–30–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2014–0029] 

Notice of Decision To Allow Interstate 

Movement of Fresh Achachairu ́ Fruit 

From Puerto Rico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our decision to begin allowing the 

interstate movement into the 

continental United States of fresh 

achachairu ́ fruit from Puerto Rico. Based 

on the analysis, which we made 

available to the public for review and 

comment through a previous notice, we 

believe that the application of one or 

more designated phytosanitary 

measures will be sufficient to mitigate 

the risks of introducing or disseminating 

plant pests or noxious weeds via the 

interstate movement of achachairu ́ from 

Puerto Rico. 

DATES: Effective Date: October 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Senior Regulatory Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 851–2103. 

SUPPLEMENTARY INFORMATION: Under the 

regulations in ‘‘Subpart—Regulated 

Articles From Hawaii and the 

Territories’’ (7 CFR 318.13–1 through 

318.13–26, referred to below as the 

regulations), the Animal and Plant 

Health Inspection Service (APHIS) of 

the U.S. Department of Agriculture 

(USDA) prohibits or restricts the 

interstate movement of fruits and 

vegetables into the United States from 

Hawaii, Puerto Rico, the U.S. Virgin 

Islands, Guam, and the Commonwealth 

of the Northern Mariana Islands to 

prevent plant pests and noxious weeds 

from being introduced into and spread 

within the continental United States. 

(The continental United States is 

defined in § 318.13–2 of the regulations 

as the 48 contiguous States, Alaska, and 

the District of Columbia.) 

Section 318.13–4 contains a 

performance-based process for 

approving the interstate movement of 

commodities that, based on the findings 

of a pest risk analysis, can be safely 

moved subject to one or more of the 

designated phytosanitary measures 

listed in paragraph (b) of that section. 

Under that process, APHIS publishes a 

notice in the Federal Register 

announcing the availability of the pest 

risk analysis that evaluates the risks 

associated with the interstate movement 

of a particular fruit or vegetable. 

Following the close of the 60-day 

comment period, APHIS may begin 

allowing the interstate movement of the 

fruit or vegetable subject to the 

identified designated measures if: (1) No 

comments were received on the pest 

risk analysis; (2) the comments on the 

pest risk analysis revealed that no 

changes to the pest risk analysis were 

necessary; or (3) changes to the pest risk 

analysis were made in response to 

public comments, but the changes did 

not affect the overall conclusions of the 

analysis and the Administrator’s 

determination of risk. 

In accordance with that process, we 

published a notice 1 in the Federal 

Register on June 12, 2014 (79 FR 33715– 

33716, Docket No. APHIS–2014–0029), 

in which we announced the availability, 

for review and comment, of a pest risk 

analysis that evaluates the risks 

associated with the interstate movement 

of fresh achachairu ́ fruit from Puerto 

Rico into the continental United States. 

We solicited comments on the notice for 

60 days ending on August 11, 2014. We 

received three comments by that date. 

The comments were from private 

citizens and an organization of State 

plant pest regulatory agencies. All the 

commenters were generally supportive 

of the proposed action. 

One commenter asked that we also 

list the scientific name for achachairu ́. 

The commenter stated that the scientific 

name is Garcinia humilis (Vahl) C.D. 

Adams, Clusiaceae. Another commenter 

stated that the original name for the 

species was Rheedia laterifolia. This 

commenter disagreed with identifying 

achachairu ́ as G. humilis. 

APHIS notes that the scientific name 

Garcinia gardneriana is used in the pest 

risk assessment. We also note that 

Rheedia laterifolia is widely considered 

to be a synonym for Garcinia humilis. 

The original request for market access 

came from a grower who presented the 

fruit as Garcinia laterifolia. However, 

when we began to consider the grower’s 

request, we found that the Germplasm 

Resources Information Network 

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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Notices 59211 

maintained by the USDA’s Agricultural 

Research Service (ARS) did not support 

G. laterifolia as a valid scientific name. 

The grower did not agree with changes 

to the scientific name and requested that 

APHIS seek another taxonomist or other 

authority who could use the Internet, 

scientific papers, and other resources, 

and would present a scientific report 

justifying a change to the scientific 

name. APHIS, with the help of ARS, 

identified a taxonomist with the New 

York Botanical Garden who was willing 

to make a determination of the scientific 

name. Sterile leaf and fruiting 

specimens were obtained from the 

grower’s farm in Puerto Rico and sent to 

the taxonomist for identification. The 

taxonomist was then able to confirm 

that the specimen was in fact Garcinia 

gardneriana. 

Therefore, in accordance with the 

regulations in § 318.13–4, we are 

announcing our decision to begin 

allowing the interstate movement of 

fresh achachairu ́ fruit from Puerto Rico 

into the continental United States 

subject to the following phytosanitary 

measures: 

• Fresh achachairu ́ fruit must be 

transported interstate as commercial 

consignments only. 

• Each consignment of fresh 

achachairu ́ fruit must be inspected in 

pre-departure clearance for pests by 

APHIS-Plant Protection and Quarantine 

prior to shipment from Puerto Rico to 

the continental United States. 

These conditions will be listed in the 

Puerto Rico Manual, found on the 

Internet at http://www.aphis.usda.gov/

import_export/plants/manuals/ports/

downloads/puerto_rico.pdf. In addition 

to those specific measures, fresh 

achachairu ́ fruit from Puerto Rico will 

be subject to the general requirements 

listed in § 318.13–3 that are applicable 

to the interstate movement of all fruits 

and vegetables from Puerto Rico. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Done in Washington, DC, this 26th day of 

September 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–23419 Filed 9–30–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0086] 

Implementation of a Program for 

Federal Recognition of State Managed 

Phytosanitary Programs 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that we are implementing the Federally 

Recognized State Managed 

Phytosanitary program, which 

establishes a process for States to 

petition the Animal and Plant Health 

Inspection Service (APHIS) for Federal 

recognition of State-managed 

phytosanitary programs developed to 

eradicate, exclude, or contain plant 

pests of limited distribution within the 

United States that APHIS is not 

currently regulating or is considering no 

longer regulating under a Federal 

program. APHIS will evaluate and 

consider recognizing a State 

phytosanitary program to control certain 

pests to determine whether we should 

continue to take a control action or 

begin to take a control action against 

such pests at our United States ports of 

entry to mitigate the risks posed by 

those pests when found in 

consignments of imported goods. This 

program will make our Federal control 

actions taken at the ports of entry 

concerning the dissemination and/or 

further infestation of certain plant pests 

more consistent with our control actions 

regarding the interstate movement of 

these same pests. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Lamb, Regulatory Policy 

Specialist, RPM, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1231; (301) 851–2018; or Ms. 

Diane L. Schuble, National Coordinator 

for Official Control, Pest Detection and 

Emergency Programs, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1237; (301) 851–2334. 

SUPPLEMENTARY INFORMATION: Under the 

Plant Protection Act, as amended (PPA, 

7 U.S.C. 7701 et seq.), the Secretary of 

Agriculture is authorized to prohibit or 

restrict the importation, entry, or 

interstate movement of plants, plant 

products, or other articles if the 

Secretary determines that the 

prohibition or restriction is necessary to 

prevent a plant pest from being 

introduced into or disseminated within 

the United States. This authority has 

been delegated to the Administrator of 

the Animal and Plant Health Inspection 

Service (APHIS). 

As part of this mission, APHIS’ Plant 

Protection and Quarantine (PPQ) 

program responds to foreign 

introductions of plant pests by taking 

action at the ports of entry to eradicate, 

suppress, or contain them through 

various control programs to prevent 

their introduction or dissemination into 

the United States. Under Section 436 of 

the PPA, States are prohibited from 

regulating in foreign commerce any 

plant pests, plants, plant products, or 

other articles in order to control, 

eradicate, or prevent the introduction or 

dissemination of a plant pest or a 

noxious weed into the United States. 

Thus, States are preempted from taking 

action against any imported shipment 

entering and moving within the United 

States in foreign commerce on the basis 

that the shipment is infested with or by 

a plant pest or noxious weed. However, 

individual States may establish 

phytosanitary regulations and 

procedures to address pests of concern 

to them when those pests are moving in 

interstate commerce as long as the 

State’s phytosanitary regulations are 

consistent with and do not exceed any 

PPA regulations issued by APHIS. 

We recently advised the public that 

we have been and are continuing to 

assess certain plant pests that are 

present in the United States to 

determine whether we should continue 

to take action to mitigate the risk posed 

by those pests when they are found in 

consignments of imported goods at ports 

of entry into the United States. We 

discussed this action in a notice 

published in the Federal Register on 

November 13, 2013 (78 FR 68020– 

68021, Docket No. APHIS–2013–0048). 

To ensure that we are taking pest 

control action at the ports of entry only 

when such action is warranted, we are 

implementing a program, known as the 

Federally Recognized State Managed 

Phytosanitary (FRSMP) program, that 

establishes a process by which States 

may petition APHIS to recognize State 

managed phytosanitary programs 

developed to eradicate, exclude, or 

contain a plant pest that is of specific 

concern to that State and is of limited 

distribution within the United States. 

APHIS will consider petitions for Statemanaged phytosanitary programs that 

seek to exclude a pest from a State 

where it is not present, and where 

economic or environmental harm could 

result from its introduction. APHIS will 

also consider petitions for Statemanaged phytosanitary programs that 

seek to contain or eradicate plant pests 

that are of specific concern to that State 

and are of limited distribution in the 

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