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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59212 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Notices 

1 International Standard for Phytosanitary 

Measures No. 5, Supplement No.1, ‘‘Guidelines on 

the interpretation and application of the concepts 

of ‘‘official control’’ and ‘‘not widely distributed.’’ 

2The criteria are included in the FRSMP manual 

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

export/plants/manuals/ports/downloads/frsmp.pdf. 

3Articles imported into the United States under 

the authority of the PPA would remain in foreign 

commerce until sold to the ultimate consumer. The 

United States and are also not currently 

regulated by APHIS. After review of the 

phytosanitary program information 

provided by the requesting State, APHIS 

will decide whether to continue taking 

any control action at ports of entry to 

mitigate the risk associated with the 

specific plant pest if found in shipments 

in foreign commerce. Federal 

recognition of a State’s phytosanitary 

program is consistent with APHIS’ PPA 

authorities and APHIS’ compliance with 

International Plant Protection 

Convention guidelines.1

APHIS will begin accepting and 

considering petitions from States 

interested in obtaining Federal 

recognition in the FRSMP program. In 

order to help States decide whether to 

petition for such recognition in the 

FRSMP program, a State can request 

APHIS to provide a report to the State 

listing pest interceptions in imported 

cargo for shipments destined to that 

State and can also request from APHIS 

port of entry information on specific 

pest interceptions for the prior 5 years. 

To be eligible for FRSMP recognition, a 

State will be required to demonstrate in 

their petitions that they meet the 

following criteria 2 established by the 

FRSMP program: 

• A State must provide detailed 

information about the absence or 

limited distribution of a pest in the 

State, pest pathways and likelihood of 

introduction into the State, potential 

economic and environmental harm that 

the pest may cause in the State, and the 

State’s regulatory program for the pest 

that includes monitoring, surveillance, 

and control methods. 

• A State must provide evidence that 

it has the authority to control the pest 

and to restrict activities and articles that 

facilitate the movement of the pest in 

the State that is not under Federal 

quarantine. This can be demonstrated 

by indicating that the State either has a 

regulatory quarantine in place to 

maintain pest freedom or limit pest 

distribution in the State or has the 

commitment and capability to enact, 

implement, and enforce a State 

regulatory quarantine within a 

reasonable time. 

• A State must also present evidence 

to APHIS that its control program is 

technically sound with regard to pest 

containment and ability to measure 

results. For instance, a State must show 

that its mitigation measures are the least 

restrictive necessary to assure adequate 

protection and that a quality assurance 

process exists to measure the 

effectiveness of such mitigation 

measures. A State must also provide 

APHIS with an annual report showing 

evidence that the phytosanitary 

management of its program is effective 

and reliable. 

• Finally, a State must be able to 

define and describe its control program 

and provide supporting documentation 

including compliance agreements, 

auditing reports, and maps defining the 

regulated areas within the State. 

Upon receipt of a petition from a State 

requesting Federal recognition of its 

phytosanitary program, that is, 

requesting to be approved to participate 

in the FRSMP, APHIS will review the 

petition, evaluate it using the criteria 

cited above, and notify the requesting 

State of our decision. Petitions that fail 

to fulfill the FRSMP program criteria 

will be returned to the submitting State 

and the State will have the option to 

revise and resubmit its petition. 

If we decide to recognize a State 

program as being part of the FRSMP, 

APHIS may continue to or begin to take 

Federal control actions at the United 

States ports of entry if this pest is 

intercepted in consignments of 

imported goods. Presently, when a plant 

pest of concern is found in a shipment 

of an imported commodity at a port of 

entry, APHIS requires mitigation or 

remedial actions to be taken, such as 

phytosanitary treatment, re-exportation, 

or destruction of the infested 

commodity. Once the FRSMP program 

begins and if APHIS determines to take 

Federal action on specific State 

petitioned FRSMP program plant pests, 

APHIS will likewise require such 

remedial measures on a commodity 

shipment infested with a FRSMP 

program pest that APHIS has decided to 

take control action on. Additionally, 

APHIS may decide to allow an 

additional remedial option for a 

shipment involving a FRSMP program 

plant pest if that shipment can be 

adequately mitigated or safeguarded to 

enter into the United States without any 

phytosanitary mitigation treatment 

when APHIS determines that the 

shipment is destined to, or can be redirected to, a State that does not restrict 

that pest under the FRSMP program. In 

such a case, where an infested shipment 

infested with a FRSMP plant pest is 

allowed entry without phytosanitary 

treatment, APHIS may decide to issue 

an Emergency Action Notification 

ordering restrictions on the movement 

and destinations of that infested 

commodity shipment. 

APHIS, in its discretion, may decide 

to implement provisional FRSMP 

program status for a phytosanitary pest 

upon receipt and preliminary review of 

a State’s FRSMP petition. If APHIS 

decides to implement provisional 

FRSMP program status for a 

phytosanitary pest, APHIS may require 

remedial action on that pest when it is 

detected arriving in or destined for the 

petitioning State(s) during the period 

that APHIS is finalizing review of that 

State’s FRSMP petition. However, 

Federal collaborator status will not be 

conferred on a petitioning State agency 

until the petition is formally approved, 

which means no Federal authority will 

be delegated to a State to act upon the 

FRSMP program pest while that 

phytosanitary pest is in provisional 

status. 

The provisional FRSMP program 

status for a phytosanitary pest will not 

exceed 60 days from the 

implementation of that provisional 

status unless APHIS determines it 

should be extended and the requesting 

State wants such status extended. 

Likewise, APHIS may determine at any 

time that the provisional status be 

extended or withdrawn as necessary. 

For example, APHIS may extend a 

provisional status when a State is 

requested to submit additional 

information regarding their specific 

FRSMP petition. Provisional status may 

be withdrawn if the petition is denied, 

when a State notifies APHIS of its intent 

to withdraw from the petition process, 

when a State fails to complete the 

petition within the agreed upon time 

schedule, or a State no longer wants 

APHIS to take any control action against 

a specific phytosanitary pest. 

As explained above, the States are 

preempted under the PPA from taking 

any phytosanitary plant pest control 

actions on shipments moving in foreign 

commerce. Nevertheless, in order to 

make the FRSMP program operative and 

workable, APHIS has decided that it 

will enter into Federal cooperative 

arrangements with States that have 

recognized FRSMP program plant pests, 

in accordance with 7 U.S.C. 450. Under 

these envisioned cooperative 

arrangements, the Secretary of the U.S. 

Department of Agriculture will 

authorize States that have been accepted 

into the FRSMP to operate as Federal 

collaborators to administer and enforce 

Federal actions on commodity 

shipments infested with a FRSMP pest 

that is entering the United States and 

moving in foreign commerce 3 and as 

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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Notices 59213 

question of when foreign commerce ceases in other 

cases must be addressed on a case-by-case basis. 

the result of such foreign commerce 

movement is found to be in that FRSMP 

State. States are obviously prohibited by 

the PPA from acting in such a Federal 

regulatory capacity unless such a 

cooperative arrangement is in place 

conferring Federal authority upon them 

to do so by the Secretary of Agriculture. 

Under these envisioned cooperative 

arrangements, States may be authorized 

to administer and enforce control 

actions to prevent the entry or 

movement of a specified FRSMP plant 

pest into or through their State only as 

Federal collaborators acting under the 

Federal authority conferred by the 

cooperative arrangement. APHIS does 

not confer any authority under the Plant 

Protection Act not specifically outlined 

in the cooperative arrangement and is 

not conferring authority under any other 

statute administered by APHIS, 

including the authority to establish and 

collect fees. 

APHIS will monitor those States that 

have been authorized to act as Federal 

collaborators to ensure they are 

complying with the terms of the 

collaborative arrangement and the 

FRSMP program criteria. Failure of a 

State to meet the FRSMP program 

criteria will result in APHIS 

reconsidering the FRSMP program 

eligibility of that State program and the 

approval of any cooperative 

arrangement. 

In cases where a State is no longer 

interested in taking action against a 

FRSMP pest and APHIS can no longer 

justify continued action against such a 

FRSMP pest, APHIS will discontinue 

taking Federal control actions, if APHIS 

has any such actions in place, when 

such FRSMP pests are intercepted at the 

United States ports of entry. 

Additional information about the 

FRSMP program is available on the 

APHIS Web site at http://www.aphis.

usda.gov/wps/portal/aphis/ourfocus/

importexport?1dmy&urile=wcm%3

apath%3a%2Faphis_content_library%2

Fsa_our_focus%2Fsa_plant_health%2

Fsa_domestic_pests_and_diseases%2

Fsa_frsmp. 

Done in Washington, DC, this 26th day of 

September 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–23386 Filed 9–30–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest Advisory 

Board 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Black Hills National 

Forest Advisory Board (Board) will meet 

in Rapid City, South Dakota. The Board 

is established consistent with the 

Federal Advisory Committee Act of 

1972 (5 U.S.C. App. II), the Forest and 

Rangeland Renewable Resources 

Planning Act of 1974 (16 U.S.C. sec. 

1600 et.seq.), the National Forest 

Management Act of 1976 (16 U.S.C. sec. 

1612), and the Federal Public Lands 

Recreation Enhancement Act (Pub. L. 

No. 108–447). Additional information 

concerning the Board, including the 

meeting summary/minutes, can be 

found by visiting the Board’s Web site 

at: http://www.fs.usda.gov/main/

blackhills/workingtogether/advisory

committees. 

DATES: The meeting will be held 

Wednesday, October 15, 2014 at 1:00 

p.m. 

All meetings are subject to 

cancellation. For updated status of 

meeting prior to attendance, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

ADDRESSES: The meeting will be held at 

the Mystic Ranger District, 8221 South 

Highway 16, Rapid City, South Dakota. 

Written comments may be submitted as 

described under SUPPLEMENTARY

INFORMATION. All comments, including 

names and addresses, when provided, 

are placed in the record and available 

for public inspection and copying. The 

public may inspect comments received 

at the Black Hills National Forest 

Supervisor’s Office. Please call ahead to 

facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: 

Scott Jacobson, Committee Coordinator, 

by phone at 605–673–9216, or by email 

at sjjacobson@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8:00 a.m. and 8:00 p.m., 

Eastern Standard Time, Monday 

through Friday. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is to provide: 

(1) Rangeland Management 

presentation; Joint monitoring—Elk 

management plan; 

(2) Forest Health presentation and 

discussion; Mountain Pine Beetle 

priority treatment areas for FY15; 

(3) Motorized Trail Permits for 

FY15—Additional purchase 

opportunities; and 

(4) Update from the Recreational 

Facility working group. 

The meeting is open to the public. 

The agenda will include time for people 

to make oral statements of three minutes 

or less. Individuals wishing to make an 

oral statement should submit a request 

in writing by October 6, 2014 to be 

scheduled on the agenda. Anyone who 

would like to bring related matters to 

the attention of the Board may file 

written statements with the Board’s staff 

before or after the meeting. Written 

comments and time requests for oral 

comments must be sent to Scott 

Jacobson, Black Hills National Forest 

Supervisor’s Office, 1019 North Fifth 

Street, Custer, South Dakota 57730; by 

email to sjjacobson@fs.fed.us, or via 

facsimile to 605–673–9208. 

Meeting Accommodations: If you are 

a person requiring reasonable 

accommodation, please make requests 

in advance for sign language 

interpreting, assistive listening devices 

or other reasonable accommodation for 

access to the facility or proceedings by 

contacting the person listed in the 

section titled FOR FURTHER INFORMATION

CONTACT. All reasonable 

accommodation requests are managed 

on a case by case basis. 

Dated: September 24, 2014. 

Craig Bobzien, 

Forest Supervisor. 

[FR Doc. 2014–23328 Filed 9–30–14; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

RIN 0596–AD20 

Extension of Comment Period for the 

Proposed Directive on Commercial 

Filming in Wilderness, Special Uses 

Administration 

AGENCY: Forest Service, USDA. 

ACTION: Notice of proposed directive; 

extension of comment period. 

SUMMARY: The Forest Service published 

a notice in the Federal Register on 

September 4, 2014, initiating a 60-day 

comment period on the Proposed 

Directive for Commercial Filming in 

Wilderness; Special Uses, Forest Service 

Handbook 2709.11, Chapter 40. The 

closing date of the original notice is 

scheduled for November 3, 2014. The 

Agency is extending the comment 

period for an additional 30 days from 

the previous closing date. 

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