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<BODY><DOC><PRE>[Federal Register: December 19, 2008 (Volume 73, Number =
245)]
[Notices]              =20
[Page 77594]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-46]                        =20

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0084]

=20
Notice of Decision to Issue Permits for the Importation of Fresh=20
White Asparagus From Senegal Into the Continental United States

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 issuing=20
permits for the importation into the continental United States of fresh=20
white asparagus from Senegal. Based on the findings of a pest risk=20
analysis, which we made available to the public for review and comment=20
through a previous notice, we believe that the application of one or=20
more designated phytosanitary measures will be sufficient to mitigate=20
the risks of introducing or disseminating plant pests or noxious weeds=20
via the importation of fresh white asparagus from Senegal.

DATES: Effective Date: December 19, 2008.

FOR FURTHER INFORMATION CONTACT: Dr. Shirley Wager Pag[eacute], Branch=20
Chief, Commodity Import Analysis and Operations Staff, PPQ, APHIS, 4700=20
River Road, Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION: Under the regulations in ``Subpart-Fruits=20
and Vegetables'' (7 CFR 319.56 through 319.56-47, referred to below as=20
the regulations), the Animal and Plant Health Inspection Service=20
(APHIS) of the U.S. Department of Agriculture prohibits or restricts=20
the importation of fruits and vegetables into the United States from=20
certain parts of the world to prevent plant pests from being introduced=20
into and spread within the United States.
    Section 319.56-4 of the regulations contains a performance-based=20
process for approving the importation of commodities that, based on the=20
findings of a pest risk analysis, can be safely imported subject to one=20
or more of the designated phytosanitary measures listed in paragraph=20
(b) of that section. Under that process, APHIS publishes a notice in=20
the Federal Register announcing the availability of the pest risk=20
analysis that evaluates the risks associated with the importation of a=20
particular fruit or vegetable. Following the close of the 60-day=20
comment period, APHIS may begin issuing permits for importation of the=20
fruit or vegetable subject to the identified designated measures if:=20
(1) No comments were received on the pest risk analysis; (2) the=20
comments on the pest risk analysis revealed that no changes to the pest=20
risk analysis were necessary; or (3) changes to the pest risk analysis=20
were made in response to public comments, but the changes did not=20
affect the overall conclusions of the analysis and the Administrator's=20
determination of risk.
    In accordance with that process, we published a notice \1\ in the=20
Federal Register on August 18, 2008 (73 FR 48189-48190, Docket No.=20
APHIS-2008-0084), in which we announced the availability, for review=20
and comment, of a pest risk analysis that evaluates the risks=20
associated with the importation into the continental United States of=20
fresh white asparagus from Senegal. We solicited comments on the notice=20
for 60 days ending on October 17, 2008. We received one comment by that=20
date, from a State department of agriculture. The commenter agreed that=20
the mitigation measures described in the pest risk analysis would be=20
adequate.
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    \1\ To view the notice and the pest risk analysis, go to <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.regulations.gov/fdmspublic=
/component/main?main=3DDocketDetail%26d=3DAPHIS-2008-0084">http://frwebga=
te.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp;log=3Dlin=
klog&amp;to=3Dhttp://www.regulations.gov/fdmspublic/component/main?main=3D=
DocketDetail%26d=3DAPHIS-2008-0084</A>.
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--

    Therefore, in accordance with the regulations in Sec.  319.56-
4(c)(2)(ii), we are announcing our decision to begin issuing permits=20
for the importation into the continental United States of fresh white=20
asparagus from Senegal subject to the following phytosanitary measures:
    <BULLET> Each shipment of white asparagus must be accompanied by a=20
phytosanitary certificate bearing the following additional declaration:=20
``The white asparagus in this consignment has been inspected and found=20
free of Cochliobolus pallescens (Curvulaia pallescens).'' The=20
phytosanitary certificate with the additional declaration must be=20
issued by the national plant protection organization of Senegal.
    <BULLET> Each shipment is subject to inspection upon arrival in the=20
United States.
    <BULLET> The white asparagus must be a commercial consignment as=20
defined in 7 CFR 319.56-2.
    These conditions will be listed in the Fruits and Vegetables Import=20
Requirements database (available at <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.aphis.usda.gov/favir">http=
://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp=
;log=3Dlinklog&amp;to=3Dhttp://www.aphis.usda.gov/favir</A>).=20
In addition to those specific measures, the fresh white asparagus will=20
be subject to the general requirements listed in Sec.  319.56-3 that=20
are applicable to the importation of all fruits and vegetables.

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136=20
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 15th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-30216 Filed 12-18-08; 8:45 am]

BILLING CODE 3410-34-P
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