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###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - [Docket No. APHIS-2023-0010]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Notice of availability.

# SUMMARY:

We are advising the public that we have prepared pest risk analyses that evaluate the risks associated with the importation of fresh thyme, marjoram, and oregano from Kenya into the United States. Based on the analyses, we have determined 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 importation of fresh thyme, marjoram, and oregano from Kenya into the United States. We are making the pest risk analyses available to the public for review and comment.

# DATES:

We will consider all comments that we receive on or before March 18, 2024.

# ADDRESSES:

You may submit comments by either of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          www.regulations.gov.                          Enter APHIS-2023-0010 in the Search field. Select the Documents tab, then select the Comment button in the list of documents.                    
      -  Postal Mail/Commercial Delivery:                          Send your comment to Docket No. APHIS-2023-0010, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.                    

                        Supporting documents and any comments we receive on this docket may be viewed at                         *www.regulations.gov*                         or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.                    

# FOR FURTHER INFORMATION CONTACT:

                        Ms. Gina Stiltner, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (518) 760-2468;                         *Gina.L.Stiltner@USDA.gov.*

# SUPPLEMENTARY INFORMATION:

## Background

Under the regulations in “Subpart L—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-12, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into or disseminated within the United States.

Section 319.56-4 contains a performance-based process for approving the importation of fruits and vegetables that, based on the findings of a pest risk analysis, can be safely imported subject to one or more of the five designated phytosanitary measures listed in paragraph (b) of that section.

                    APHIS received a request from the national plant protection organization of Kenya to allow the importation of fresh thyme (                    *Thymus vulgaris*), marjoram (                    *Origanum majorana*), and oregano (                    *Origanum vulgare*) for consumption from Kenya into the United States. As part of our evaluation of Kenya's request, we have prepared pest risk assessments to identify the pests of quarantine significance that could follow the pathway of the importation of fresh thyme, marjoram, and oregano from Kenya into the United States. Based on the pest risk assessments, risk management documents (RMDs) were prepared to identify phytosanitary measures that could be applied to fresh thyme, marjoram, and oregano to mitigate the pest risk.                

                    Therefore, in accordance with § 319.56-4(c), we are announcing the availability of our pest risk assessments and RMDs for public review and comment. Those documents, as well as a description of the economic considerations associated with the importation of fresh thyme, marjoram, and oregano from Kenya into the United States, may be viewed on the                     *Regulations.gov*                     website or in our reading room (see                     **ADDRESSES**                     above for a link to                     *Regulations.gov*                     and information on the location and hours of the reading room). You may request paper copies of the pest risk assessments and RMDs by calling or writing to the person listed under                     **FOR FURTHER INFORMATION CONTACT**                    . Please refer to the subject of the analysis you wish to review when requesting copies.                

After reviewing any comments we receive, we will announce our decision regarding the import status of fresh thyme, marjoram, and oregano from Kenya into the United States in a subsequent notice. If the overall conclusions of our analyses and the Administrator's determination of risk remain unchanged following our consideration of the comments, then we will authorize the importation of fresh thyme, marjoram, and oregano from Kenya into the United States subject to the requirements specified in the RMDs. Depending on the comments received, we may authorize the importation of all, some, or none of the commodities from Kenya specified in this notice.

*Authority:*7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.                

Done in Washington, DC, this 9th day of January 2024.

Michael Watson,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2024-00744 Filed 1-16-24; 8:45 am]

BILLING CODE 3410-34-P