Notice2025-07128
Certification of Delegated Authority for Virginia and Wisconsin and Designation Awards for the Geographic Areas of Evansville, Indiana; Lower Northwest Texas; Marshall, Michigan; Pocatello, Idaho; Southeast Texas; Virginia; and West Sacramento, California
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Published
April 25, 2025
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
The Agricultural Marketing Service (AMS) is announcing the certification of the Virginia Department of Agriculture and Consumer Services and the Wisconsin Department of Agriculture, Trade and Consumer Protection to provide official services pursuant to a delegation of authority under 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.
Full Text
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<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17364-17366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07128]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No AMS-FGIS-24-0077]
Certification of Delegated Authority for Virginia and Wisconsin
and Designation Awards for the Geographic Areas of Evansville, Indiana;
Lower Northwest Texas; Marshall, Michigan; Pocatello, Idaho; Southeast
Texas; Virginia; and West Sacramento, California
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the
certification of the Virginia Department of Agriculture and Consumer
Services and the Wisconsin Department of Agriculture, Trade and
Consumer Protection to provide official services pursuant to a
delegation of authority under 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: Ronald White, Compliance Officer,
Telephone 419-304-7132; Email: <a href="/cdn-cgi/l/email-protection#c193aeafa0ada5ef8def96a9a8b5a481b4b2a5a0efa6aeb7"><span class="__cf_email__" data-cfemail="eebc81808f828ac0a2c0b986879a8bae9b9d8a8fc0898198">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#f2b4b5bba1a3b3b1b6b287819693dc959d84"><span class="__cf_email__" data-cfemail="1355545a404252505753666077723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Certification of Delegated State Agencies
This notice announces AMS's certification that the Virginia
Department of Agriculture and Consumer Services is meeting the criteria
required to perform official services at export port locations in the
state of Virginia. It also announces that the Wisconsin Department of
Agriculture, Trade and Consumer Protection is meeting the criteria
required to perform official services at export port locations in
Wisconsin and at export port locations at the Port of Duluth in
Minnesota.\1\ 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 for
carrying out export inspections on behalf of the Secretary (7 U.S.C.
79(f)(1)(A)). 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 79(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.
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\1\ The Wisconsin Department of Agriculture, Trade and Consumer
Protection provides official inspection and weighing services at
export locations at the Port of Duluth in Minnesota under special
agreement.
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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 Virginia and
Wisconsin state agencies to perform official services at export port
locations.
Table 1--Delegated State Agencies Providing Services at Export Port
Locations
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Delegation area
State agency Geographic area descriptions
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Virginia Department of Richmond, VA...... 88 FR 19051 (3/30/
Agriculture and Consumer 2023).
Services, Richmond, VA, 757-494-
2455.
Wisconsin Department of Superior, WI 88 FR 19051; (3/30/
Agriculture, Trade and Consumer Duluth, MN. 2023).
Protection, Superior, WI, 715-
392-7854.
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A. Virginia Department of Agriculture and Consumer Services
AMS published a notice of intent to certify the Virginia Department
of Agriculture and Consumer Services in the March 30, 2023, edition of
the Federal Register (88 FR 19051). This notice included a request for
comments on the quality of services the state agency provided at export
port locations in Virginia. Comments were due 30 days after the date of
publication.
AMS did not receive any negative comments regarding the state
agency's performance. In the absence thereof,
[[Page 17365]]
AMS reviewed and considered performance feedback and data that it
collected on the state agency (e.g., grading accuracy, equipment
testing, equipment monitoring, and adherence to testing protocols for
mycotoxins and falling number values) and conducted an onsite
compliance review. The compliance review evaluated the state agency's
ability to: (1) provide timely, accurate, and non-discriminatory
services (issuance of certificates); (2) implement a quality assurance
program; (3) conduct routine testing of equipment and scales; (4)
designate a qualified manager to oversee the execution of these
required duties; and (5) meet other requirements as specified in
section 79(f)(1)(A) of the USGSA.
AMS also conducted an investigation to determine whether the
Virginia state agency is qualified to perform official services under
section 79(e)(3) of the USGSA. 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).\2\
Neither the compliance review nor the consultations produced findings
that would negatively impact the Virginia state agency's ability to
perform official services at export port locations. Accordingly, AMS
certifies that the Virginia Department of Agriculture and Consumer
Services is meeting the criteria required to perform official services
at export port locations in Virginia.
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\2\ GAO advised that it does not have authority over state
agencies and was unable to provide relevant information.
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B. Wisconsin Department of Agriculture, Trade and Consumer Protection
AMS published a notice of intent to certify the Wisconsin
Department of Agriculture, Trade and Consumer Protection in the March
30, 2023, edition of the Federal Register (88 FR 19051). This notice
included a request for comments on the quality of services the state
agency provided at export port locations. Comments were due 30 days
after the date of publication.
AMS did not receive any negative comments regarding the state
agency's performance. In the absence thereof, AMS reviewed and
considered performance feedback and data that it collected on the state
agency (e.g., grading accuracy, equipment testing, equipment
monitoring, and adherence to testing protocols for mycotoxins and
falling number values) and conducted an onsite compliance review. The
compliance review evaluated the state agency's ability to: (1) provide
timely, accurate, and non-discriminatory services (issuance of
certificates); (2) implement a quality assurance program; (3) conduct
routine testing of equipment and scales; (4) designate a qualified
manager to oversee the execution of these required duties; and (5) meet
other requirements as specified in section 79(f)(1)(A) of the USGSA.
AMS also conducted an investigation to determine whether the
Wisconsin state agency is qualified to perform official services under
section 79(e)(3) of the USGSA. 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
Wisconsin state agency's ability to perform official services at export
port locations. Accordingly, AMS certifies that the Wisconsin State
Department of Agriculture, Trade and Consumer Protection is meeting the
criteria required to provide official services at export port locations
in Wisconsin and the Port of Duluth in Minnesota.
II. Designation of Official Agencies
This notice announces AMS's designation of certain official
agencies, or the renewal of their designation, to provide official
services at locations other than export port locations (See Table 2).
Section 79(f) of the USGSA 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
79(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 79(f) of the Act. For more
information about the designation process, please see 7 CFR 800.196. To
view the applications for these areas, please contact
<a href="/cdn-cgi/l/email-protection#7e3839372d2f3f3d3a3e0b0d1a1f50191108"><span class="__cf_email__" data-cfemail="1553525c464454565155606671743b727a63">[email protected]</span></a>.
Table 2--Designated Official Agencies Providing Services at Other Than Export Ports
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Designation award area Designation Designation
Official agency Geographic area descriptions start end
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Ohio Valley Grain Inspection, Evansville, IN... 80 FR 37581 (07/01/2015)........ 10/01/2023 07/31/2025
Inc., Evansville, Indiana, 812-
423-9010.
Michigan Grain Inspection Marshall, MI..... 81 FR 17428, (03/29/2016)....... 04/01/2024 03/31/2027
Services, Inc., Marshall,
Michigan, 312-823-6318.
Plainview Grain Inspection and Lower Northwest 89 FR 58327 (07/18/2024)........ 12/01/2024 03/31/2027
Weighing Service, Inc., TX.
Plainview, TX, 806-293-1364.
Virginia Department of Richmond, VA..... 88 FR 37580, (07/01/2015)....... 01/01/2024 12/31/2027
Agriculture and Consumer
Services, Richmond, Virginia,
757-494-2455.
Midsouth Grain Inspection Southeast TX..... 89 FR 58327 (07/18/2024)........ 03/01/2025 03/31/2028
Service, Memphis, Tennessee,
870-270-0769.
Idaho Grain Inspection Service, Pocatello, ID.... 80 FR 37581 (07/01/2015)........ 10/01/2022 09/30/2028
Inc., Pocatello, Idaho, 208-
233-8303.
California Agri Inspection West Sacramento, 88 FR 37580 (07/01/2015)........ 01/01/2024 12/31/2028
Company, Ltd., West CA.
Sacramento, California, 916-
374-9700.
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AMS sought applications from interested private and state entities
to provide official inspection and weighing services in the geographic
areas listed in Tables 2 and 3. AMS also requested comments on the
services provided by the official agencies. 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
[[Page 17366]]
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.
Table 3--Federal Register Notices Announcing Opportunities for
Geographic Areas and Requesting Comments
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Official agency Geographic area Federal Register
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Idaho Grain Inspection Service, Pocatello, Idaho.. 88 FR 19051 (03/30/
Inc. 2023).
Ohio Valley Grain Inspection, Evansville, 88 FR 19051 (03/30/
Inc. Indiana. 2023).
California Agri Inspection West Sacramento, 88 FR 19051 (03/30/
Company, Ltd. California. 2023).
Virginia Department of Richmond, Virginia 88 FR 19051 (03/30/
Agriculture and Consumer 2023).
Services.
Michigan Grain Inspection Marshall, Michigan 88 FR 78283 (11/15/
Services, Inc. 2023).
Midsouth Grain Inspection Southeast Texas 89 FR 58327 (07/18/
Service \3\. Area. 2024); 89 FR
75526 (09/16/
2024).
Plainview Grain Inspection and Lower Northwest 89 FR 58327 (07/18/
Weighing Service, Inc \4\. Texas Area. 2024); 88 FR
78283 (11/15/
2023).
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\3\ There are two Federal Register citations in this row of Table 3
because AMS announced the designation opportunity in Southeast Texas
in a different edition of the Federal Register (89 FR 58327) than the
edition in which the agency requested comments on services provided by
Midsouth Grain Inspection Service (89 FR 75526).
\4\ There are two Federal Register citations in this row of Table 3
because AMS announced the designation opportunity in Lower Northwest
Texas in a different edition of the Federal Register (89 FR 58327)
than the edition in which the agency requested comments on services
provided by Plainview Grain Inspection and Weighing Service, Inc. (88
FR 78283).
AMS reviewed and considered performance feedback and data that it
collected on the designated agencies (e.g., grading accuracy, equipment
testing, equipment monitoring, and adherence to testing protocols for
mycotoxins and falling number values) and conducted onsite compliance
reviews. As part of these reviews, AMS evaluated: (1) the agencies'
past compliance and supervision audit results; (2) quality program
performance; (3) stability, quality, and consistency of service; (4)
cooperation with FGIS; (5) adequacy of resources; (6) timely service
and issuance of certificates; and (7) cost of inspection services. If
instances of noncompliance were found, agencies were required to
correct the issues before their performance review was finalized.
The official agencies listed in Tables 2 and 3 were the only
applicants for designation in those geographic areas, with the
exception of the Southeast Texas area. In the July 18, 2024 Federal
Register (89 FR 58327), AMS requested comments about the need for USGSA
inspection and weighing services in the Southeast Texas area as well as
applications for designation to provide official services in that area.
AMS received designation applications from Midsouth Grain Inspection
Service (Midsouth) and Grain Inspection Services of Texas (GIST). In
the September 16, 2024, edition of the Federal Register, AMS requested
comments on both applicants. Midsouth is currently a designated
official agency in good standing with AMS and the industry, with over
45 years of experience as an official agency. GIST is currently a
designated official agency in good standing with AMS and the industry
with less than one year of experience as an official agency.
In analyzing applications for the Southeast Texas area, AMS
evaluated applicants by considering the designation criteria in Section
79(f) of the USGSA (7 U.S.C. 79(f)), the recent audit report for
Midsouth 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
(89 FR 75526), 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. Midsouth meets the designation criteria
established under the USGSA and is operating with comparable costs for
most service requests. GIST is a new entity with less than one year of
experience as an official agency. After considering all of the
available information concerning both agencies, AMS determined that the
Southeast Texas area should be awarded to Midsouth at this time.
Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2025-07128 Filed 4-24-25; 8:45 am]
BILLING CODE P
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