[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59210-59211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23419]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

 [Docket No. APHIS-2014-0029]


Notice of Decision To Allow Interstate Movement of Fresh 
Achachair[uacute] Fruit From Puerto Rico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to begin allowing 
the interstate movement into the continental United States of fresh 
achachair[uacute] 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 achachair[uacute] 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 Sec.  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 achachair[uacute] 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.
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    \1\ To view the notice, PRA, RMD, and comments we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0029.
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    One commenter asked that we also list the scientific name for 
achachair[uacute]. 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 achachair[uacute] 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

[[Page 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 Sec.  318.13-4, we 
are announcing our decision to begin allowing the interstate movement 
of fresh achachair[uacute] fruit from Puerto Rico into the continental 
United States subject to the following phytosanitary measures:
     Fresh achachair[uacute] fruit must be transported 
interstate as commercial consignments only.
     Each consignment of fresh achachair[uacute] 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 achachair[uacute] fruit from Puerto Rico will 
be subject to the general requirements listed in Sec.  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