Notice2024-23448
Certification of Export Port Locations for Alabama and Washington and Geographic Areas Under the Delegated Authority of United States Grain Standards Act
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Published
October 10, 2024
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) is announcing the certification of the Alabama Department of Agriculture and Industries and the Washington State Department of Agriculture to provide official inspection services at the export port locations listed in table 1, below, under the delegated authority of the United States Grain Standards Act (USGSA or Act), as amended. AMS is also announcing the designation of official agencies to provide official services (at other than export port locations) in the geographic areas listed in table 2, below.
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<title>Federal Register, Volume 89 Issue 197 (Thursday, October 10, 2024)</title>
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[Federal Register Volume 89, Number 197 (Thursday, October 10, 2024)]
[Notices]
[Pages 82199-82202]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23448]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 /
Notices
[[Page 82199]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-FGIS-24-0028]
Certification of Export Port Locations for Alabama and Washington
and Geographic Areas Under the Delegated Authority of United States
Grain Standards Act
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the
certification of the Alabama Department of Agriculture and Industries
and the Washington State Department of Agriculture to provide official
inspection services at the export port locations listed in table 1,
below, under the delegated authority of the United States Grain
Standards Act (USGSA or Act), as amended. AMS is also announcing the
designation of official agencies to provide official services (at other
than export port locations) in the geographic areas listed in table 2,
below.
FOR FURTHER INFORMATION CONTACT: Jennifer Weiland, Grain Marketing
Specialist, Telephone 202-989-5995; Email: <a href="/cdn-cgi/l/email-protection#1d57787373747b786f3377336a7874717c73795d686e797c337a726b"><span class="__cf_email__" data-cfemail="79331c1717101f1c0b5713570e1c101518171d390c0a1d18571e160f">[email protected]</span></a>
or <a href="/cdn-cgi/l/email-protection#4b0d0c02181a0a080f0b3e382f2a652c243d"><span class="__cf_email__" data-cfemail="efa9a8a6bcbeaeacabaf9a9c8b8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Certification of Delegated State Agencies
This notice announces AMS's certification that the Alabama
Department of Agriculture and Industries and the Washington State
Department of Agriculture are meeting the criteria required to perform
official services at export port locations in the States of Alabama and
Washington, respectively. Section 7(e) of the USGSA (7 U.S.C. 79(e))
requires the Secretary of Agriculture (Secretary) to certify, every
five years, that each State agency with a delegation of authority is
meeting the criteria described in section 7(f)(1)(A) of the Act for
carrying out inspections on behalf of the Secretary. Under the
certification process prescribed by the statute, the Secretary must:
(1) publish in the Federal Register a notice of intent to certify a
State agency and provide a 30-day period for public comment; (2)
evaluate the public comments received and, in accordance with section
7(e)(3) of the Act, conduct an investigation to determine whether the
State agency is qualified; (3) make findings based on the public
comments received and the investigation conducted; and (4) publish a
notice in the Federal Register announcing whether the certification has
been granted and describing the basis on which the Secretary made the
decision.
For more information about the delegation and certification
processes, please see 7 CFR 800.195. Table 1 provides relevant
information about the delegations of authority to the Alabama and
Washington State agencies to perform official services at export port
locations.
Table 1--Delegated State Agencies Providing Services at Export Port Locations
----------------------------------------------------------------------------------------------------------------
Delegation
-----------------------------------------------
State agency Geographic area Area
descriptions Starts Ends
----------------------------------------------------------------------------------------------------------------
Alabama Department of Agriculture and Montgomery, AL.......... 88 FR 14593 (3/ 1/1/2023 12/31/2027
Industries, Montgomery, AL 251-331- 9/2023)
1597.
Washington Department of Agriculture, Olympia, WA............. 88 FR 14593 (3/ 1/1/2023 12/31/2027
Olympia, WA 360-902-1921. 9/2023)
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A. Alabama Department of Agriculture and Industries
AMS published a notice of intent to certify the Alabama Department
of Agriculture and Industries and requested comments on the quality of
services the State agency provided at export port locations in Alabama
in the March 9, 2023 edition of the Federal Register (88 FR 14593).
Comments were due 30 days after the date of publication. AMS did not
receive any negative comments regarding the State agency's performance.
AMS also considered internal feedback on agency performance in areas
such as grading accuracy, equipment testing, equipment monitoring, and
adherence to testing protocols required for mycotoxins and falling
number values, among others. In addition, AMS conducted a compliance
review of the State agency that evaluated its ability to provide
timely, accurate, and non-discriminatory services, including timely and
accurate issuance of certificates; implement a quality assurance
program; conduct routine testing of equipment and scales; designate a
qualified manager to oversee the execution of these required duties;
and meet other requirements as specified in section 7(f)(1)(A) of the
USGSA.
AMS also conducted an investigation to determine whether the
Alabama State agency is qualified to perform inspections under section
7(e)(3) of the USGSA (7 U.S.C. 79(e)(3)). Pursuant to this section, AMS
consulted with USDA's Office of Inspector General (OIG), the Department
of Justice (DOJ), and the Government Accountability Office (GAO).\1\
Neither the compliance review nor the consultations produced findings
that would negatively impact the Alabama State agency's ability to
perform official inspections at export port locations. Accordingly, AMS
certifies that the Alabama Department of Agriculture and Industries is
meeting the criteria required to perform official
[[Page 82200]]
services at export port locations in Alabama.
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\1\ GAO advised that it does not have authority over State
agencies and was unable to provide relevant information.
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B. Washington State Department of Agriculture
AMS published a notice of intent to certify the Washington State
Department of Agriculture and requested comments on the quality of
services the State agency provided at export port locations in
Washington in the March 9, 2023 edition of the Federal Register (88 FR
14593). Comments were due 30 days after the date of publication. AMS
did not receive any negative comments regarding the State agency's
performance. AMS also considered internal feedback on agency
performance in areas such as grading accuracy, equipment testing,
equipment monitoring, and adherence to testing protocols required for
mycotoxins and falling number values, among others. Additionally, AMS
conducted a compliance review of the State agency that evaluated its
ability to provide timely, accurate, and non-discriminatory services,
including timely and accurate issuance of certificates; implement a
quality assurance program; conduct routine testing of equipment and
scales; designate a qualified manager to oversee the execution of these
required duties; and meet other requirements as specified in section
7(f)(1)(A) the USGSA.
AMS also conducted an investigation to determine whether the
Washington State agency is qualified to perform inspections under
section 7(e)(3) of the USGSA (7 U.S.C. 79(e)(3)). Pursuant to this
section, AMS consulted with USDA's OIG, DOJ, and GAO. Neither the
compliance review nor the consultations produced findings that would
negatively impact the Washington State agency's ability to perform
official inspections at export port locations. Accordingly, AMS
certifies that the Washington State Department of Agriculture is
meeting the criteria required to provide official services at export
port locations in Washington.
II. Designation of Official Agencies
This notice announces AMS's designation and/or renewal of the
designation of the official agencies listed in table 2, below, to
provide official services at locations other than export port
locations. Section 7(f) of the USGSA (7 U.S.C. 79(f)) authorizes the
Secretary to designate a qualified applicant to provide official
services in a specified area after determining that the applicant is
better able than any other applicant to provide such official services.
A designated agency may provide official inspection services and/or
Class X or Class Y weighing services at locations other than export
port locations. Under section 7(g) of the USGSA, designations of
official agencies are effective for no longer than five years but may
be renewed according to the criteria and procedures prescribed in
section 7(f) of the Act. For more information about the designation and
renewal processes, please see 7 CFR 800.196. To view the applications
for these areas, please contact <a href="/cdn-cgi/l/email-protection#aceaebe5fffdedefe8ecd9dfc8cd82cbc3da"><span class="__cf_email__" data-cfemail="f7b1b0bea4a6b6b4b3b782849396d9909881">[email protected]</span></a>.
Table 2--Designated Official Agencies Providing Services at Other Than Export Ports
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Delegation
Official Agency Geographic area --------------------------------------------------
Area descriptions Starts Ends
----------------------------------------------------------------------------------------------------------------
North Dakota Grain Inspection Decatur, IN............ See sec. II.B., below.. 1/1/2021 12/31/2025
Services, Inc., Decatur, IN 701-293-
7420 (NDGI) \2\.
Plainview Grain Inspection and Plainview, TX.......... See sec II.A., below... 4/1/2022 3/31/2027
Weighing Service, Inc. Plainview,
TX 806-293-1364 (Plainview) \3\.
Montana Department of Agriculture Helena, MT............. 86 FR 58247 (10/21/ 7/1/2022 6/30/2027
Helena, MT 406-452-9567I (Montana). 2021).
Aberdeen Grain Inspection, Inc. Aberdeen, SD........... 87 FR 51053 (8/19/2022) 10/1/2022 9/30/2027
Aberdeen, SD 605-225-8432
(Aberdeen).
Hastings Grain Inspection, Inc. Hastings, NE........... 87 FR 51053 (8/19/2022) 10/1/2022 9/30/2027
Hastings, NE 402-462-4254
(Hastings).
Missouri Department of Agriculture Jefferson City, MO..... 87 FR 51053 (8/19/2022) 10/1/2022 9/30/2027
Jefferson City, MO 573-751-5515
(Missouri).
Alabama Department of Agriculture Montgomery, AL......... 87 FR 51053 (8/19/2022) 1/1/2023 12/31/2027
and Industries Montgomery, AL 251-
331-1597 (Alabama).
Washington Department of Agriculture Olympia, WA............ 87 FR 51053 (8/19/2022) 1/1/2023 12/31/2027
Olympia, WA 360-902-1921
(Washington).
Kankakee Grain Inspection, Inc. Essex, IL.............. 87 FR 51053 (8/19/2022) 1/1/2023 12/31/2027
Essex, IL 815-365-2268 (Kankakee).
Jamestown Grain Inspection, Inc., Jamestown, ND.......... 88 FR 19051 (3/30/2023) 4/1/2023 3/31/2028
Jamestown, ND 701-252-1290
(Jamestown).
Lincoln Inspection Service, Inc. Lincoln, NE............ 88 FR 19051 (3/30/2023) 4/1/2023 3/31/2028
Lincoln, NE 402-435-4386 (Lincoln).
Midsouth Grain Inspection Service Memphis, TN............ 88 FR 19051 (3/30/2023) 4/1/2023 3/31/2028
Memphis, TN 901-942-3216 (Midsouth).
Kansas Grain Inspection Service, Topeka, KS............. 88 FR 19051 (3/30/2023) 7/1/2023 6/30/2028
Inc. Topeka, KS 785-233-7063
(Kansas Grain).
Mid-Iowa Grain Inspection, Inc. Cedar Rapids, IA....... 88 FR 19051 (3/30/2023) 7/1/2023 6/30/2028
Cedar Rapids, IA 319-533-4666 (Mid-
Iowa).
Minot Grain Inspection, Inc. Minot, Minot, ND.............. 88 FR 19051 (3/30/2023) 7/1/2023 6/30/2028
ND 701-838-1734 (Minot).
Tri-State Grain Inspection Service Cincinnati, OH......... 88 FR 19051 (3/30/2023) 7/1/2023 6/30/2028
Inc., Cincinnati, OH 513-225-5095
(Tri-State).
Grain Inspection Services of Texas Saginaw, TX............ See sec. II.A., below.. 7/1/2024 6/30/2027
LLC, Saginaw, TX 817-542-7338
(GIST) \4\.
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[[Page 82201]]
AMS requested comments on the services provided by the official
agencies listed in table 2.\5\ AMS also sought applications from
interested private and State entities to provide official inspection
and weighing services in the listed geographic areas. The requests were
published in the Federal Register, and each offered a 30-day comment
period from the publication date. AMS did not receive any negative
comments regarding the performance of the official agencies. Table 3,
below, identifies the editions of the Federal Register in which AMS
provided notice of the designation opportunities for the listed
geographic areas and requested comments on the listed official
agencies.
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\2\ The Decatur, Indiana area that was previously serviced by
Northeast Indiana Grain Inspection, Inc. (NEIGI) is now serviced by
North Dakota Grain Inspection Service, Inc. (NDGI), which was
designated for other geographic areas in January 2021. Decatur,
Indiana is a new geographic area for NDGI.
\3\ As of August 1, 2024, NDGI purchased the Detroit Grain
Inspection Agency. NDGI requested transfer of that USGSA Geographic
Area. FGIS approved the transfer and has updated the NDGI USGSA
Designation documents in Appendix A.
\4\ The Central Texas area, which was previously an unassigned
area, is now serviced by one current official agency, Plainview
Grain Inspection and Weighing Service, Inc. (Plainview) and one new
official agency, Grain Inspection Services of Texas, LLC (GIST), in
separate parts within.
\5\ AMS did not request comments on the services provided by
NDGI in Decatur, Indiana because NDGI had not previously provided
services in that designation area.
Table 3--Federal Register Notices Announcing Opportunities for
Geographic Areas and Requesting Comments
------------------------------------------------------------------------
Official Agency Geographic area Federal Register
------------------------------------------------------------------------
Montana....................... Helena, MT............ 86 FR 58247
(October 21,
2021).
Aberdeen, Hastings, Missouri, Aberdeen, SD; 87 FR 51053
Alabama, Kankakee, Washington. Hastings, NE; (August 19,
Jefferson City, MO; 2022).
Montgomery, AL;
Essex, IL; and
Olympia, WA.
Jamestown, Lincoln, Midsouth, Jamestown, ND; 88 FR 19051
Kansas Grain, Mid-Iowa, Lincoln, NE; Memphis, (March 30,
Minot, Tri-State. TN; Topeka; KS, Cedar 2023).
Rapids, IA; Minot,
ND; and Cincinnati,
OH.
Plainview, GIST............... Texas Central Area.... 88 FR 19605
(April 3,
2023).
88 FR 78283
(November 15,
2023).
NDGI \6\...................... Decatur, IN........... 88 FR 78283
(November 15,
2023).
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AMS also considered internal feedback on agency performance in
areas such as grading accuracy, equipment testing, equipment
monitoring, and adherence to testing protocols required for mycotoxins
and falling number values, among others. In addition to requesting
external and internal feedback, AMS conducted compliance reviews to
assess the performance of the designated agencies. As part of these
reviews, AMS evaluated the agencies' past compliance and supervision
audit results; quality program performance; stability, quality, and
consistency of service; cooperation with FGIS; adequacy of resources;
timely service and issuance of certificates; and cost of inspection
services. If instances of noncompliance were found, agencies were
required to correct the issues before their performance review was
finalized. All the listed agencies performed well during their
compliance reviews and were determined to be compliant with USGSA
requirements.
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\6\ See footnote 5.
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The official agencies listed in tables 2 and 3 for the designation
areas of Decatur, Indiana; Helena, Montana; Aberdeen, South Dakota;
Hastings, Nebraska; Jefferson City, Missouri; Montgomery, Alabama;
Olympia, Washington; Essex, Illinois; Jamestown, North Dakota; Lincoln,
Nebraska; Memphis, Tennessee; Topeka, Kansas; Cedar Rapids, Iowa;
Minot, North Dakota; and Cincinnati, Ohio were the only applicants for
designation in those geographic areas. The only designation area for
which more than one application was received is the Texas Central area,
which is discussed in the next section.
A. Designation for the Texas Central Area
In the April 3, 2023, Federal Register (88 FR 19605), AMS requested
comments about the need for USGSA inspection and weighing services in
the Texas Central area as well applications for designation to provide
official services in that area. AMS received designation applications
from Plainview Grain Inspection and Weighing Service, Inc. (Plainview)
and Grain Inspection Services of Texas (GIST). Plainview applied for
designation for eight of the 149 counties and GIST applied for the
entire 149-county area. Plainview is currently a designated official
agency in good standing with AMS and the industry, and GIST is a new
entity requesting designation.
In analyzing applications for the Texas Central geographic area,
AMS evaluated applicants against the designation criteria in Section
7(f) of the USGSA (7 U.S.C. 79(f)), the recent audit report for
Plainview detailing the applicant's performance of the designation
criteria, customers' experience with the official service provider,
public comments received related to the designation opportunity notice,
current service agreements, and details provided in the application.
Applications generally include information on an applicant's business
plan to service the area, active licenses and service availability,
fees, overall service costs, and proximity to customers and facilities.
Plainview meets the designation criteria established under the USGSA
and is operating with comparable costs for most service requests. GIST
is a new entity and first-time applicant that demonstrates the ability
to meet the designation criteria. In consideration of these factors,
AMS determined that awarding eight counties to Plainview and the
remaining 141 counties to GIST is the best manner in which to continue
servicing the area. As such, the description of Plainview's designation
area is amended. The new areas allow for an expansion of Plainview's
geographic area without overlapping boundaries or isolating customers
or areas within another official service provider's geographic area.
GIST will be awarded a newly defined geographic area.
The Texas Central counties awarded to Plainview and GIST are listed
below and will be reflected in their respective designation Appendix A
documents:
Plainview--Coke, Coleman, Ector, Glasscock, Midland, Runnels,
Sterling, and Winkler. GIST--Anderson,
[[Page 82202]]
Angelina, Atascosa, Austin, Bandera, Bastrop, Bell, Bexar, Blanco,
Bosque, Brazos, Brewster, Brown, Burleson, Burnet, Caldwell, Camp,
Cherokee, Collin, Comal, Comanche, Concho, Cooke, Coryell, Crane,
Crockett, Culberson, Dallas, Delta, Denton, DeWitt, Eastland, Edwards,
Ellis, El Paso, Erath, Falls, Fannin, Fayette, Franklin, Freestone,
Frio, Gillespie, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton,
Hardin, Harrison, Hays, Henderson, Hill, Hood, Hopkins, Houston,
Hudspeth, Hunt, Irion, Jack, Jasper, Jeff Davis, Johnson, Karnes,
Kaufman, Kendall, Kerr, Kimble, Kinney, Lamar, Lampasas, Lavaca, Lee,
Leon, Liberty, Limestone, Llano, Loving, McCulloch, McLennan, Madison,
Marion, Mason, Maverick, Medina, Menard, Milam, Mills, Montague,
Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Palo Pinto,
Panola, Parker, Pecos, Polk, Presidio, Rans, Reagan, Real, Red River,
Reeves, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto,
San Saba, Schleicher, Shelby, Smith, Somervell, Stephens, Sutton,
Tarrant, Terrell, Titus, Tom Green, Travis, Trinity, Tyler, Upshur,
Upton, Uvalde, Val Verde, Van Zandt, Walker, Ward, Washington,
Williamson, Wilson, Wise, Wood, Young, and Zavala.
B. Designation for the Decatur, Indiana Area
In the November 15, 2023 edition of the Federal Register (88 FR
78283), AMS requested applications for designation to provide official
services in the Decatur, Indiana geographic area previously serviced by
Northeast Indiana Grain Inspection, Inc. AMS awarded the entire
geographic area to NDGI, the sole applicant for the Decatur, IN
geographic area. NDGI's Designation Appendix A documents have been
updated to reflect the addition of the Decatur area described below.
In Indiana:
Bounded on the north by the northern LaGrange and Steuben County
lines; bounded on the east by the eastern Steuben, De Kalb, Allen, and
Adams County lines; bounded on the south by the southern Adams and
Wells County lines; and bounded on the west by the western Wells County
line; the southern Huntington and Wabash County lines; the western
Wabash County line north to State Route 114; State Route 114 northwest
to State Route 19; State Route 19 north to Kosciusko County; the
western and northern Kosciusko County lines; the western Noble and
LaGrange County lines.
Authority: 7 U.S.C. 71-87k.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-23448 Filed 10-9-24; 8:45 am]
BILLING CODE P
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