An Equal Opportunity Provider and Employer

Agricultural

Marketing

Service 

Federal Grain Inspection 

Service

Field Management 

Division 

1400 Independence Ave. 

SW, Stop 3630

Washington, D.C. 20250

Voice (202) 720-0228

Fax (202) 690-3951

Hotline 1-800-998-3447

Reference #258 January 14, 2014

TO: FGIS POLICY BULLETIN BOARD

FROM: Robert Lijewski, Director 

 Field Management Division 

SUBJECT: 88 Hour Rule for Containers

ORIGINATING OFFICE: Policies, Procedures, and Market Analysis Branch

1. PURPOSE

This memorandum establishes instructions on how the 88-hour 

rule applies to loading and weighing containers and when the lot is 

complete. 

2. BACKGROUND

On July 22, 2013, FGIS published a Federal Register Notice which 

made several changes to the regulations regarding container loading 

and inspection. Among these changes was the implementation of the 

“Reasonably Continuous Operation” or “88-hour rule.” The intent of 

this regulation was to align the inspection and weighing procedures for 

containers with vessels, trucks, and rail, which have been subject to 

this requirement since the early 1980’s. This rule is intended to ensure 

that the official certificate accurately represents grain that was loaded 

in a continuous operation. The goal is to promote consistency in the 

grain export marketplace and maintain confidence in the quality of 

U.S. grain exports.

3. POLICY

a. The applicant must not have a break in loading or weighing 

greater than 88 hours within a single lot.

Note: The 88-hour rule includes holidays, weekends, and nights.

b. If the time exceeds 88 hours due to unforeseen circumstances, 

the applicant can request a waiver of the 88-hour rule by 

contacting the Field Office Manager. If the waiver is granted, the 

applicant may proceed loading the lot.
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c. If the waiver is not granted but the request was made prior to 

88-hour limit, the lot will be considered complete. Composite all 

samples up to the point where continuous loading ended and 

certify according to the load order instructions. (e.g., stowage, 

grade, mycotoxin, etc.).

Example: If there is a break greater than 88 hours between 

container 5 and 6, certify containers 1 through 5 as a single 

lot according to initial load order.

Note: Once a container is assigned to a lot, the lot may not 

be reassembled.

d. If a waiver is not granted and the request was made after 88 

hours elapsed, each container will be certified as a single lot (no 

new load order is needed).

e. At the completion of loading, the applicant has 88 hours from the

time the last container was sampled, or the end of the next 

business day after the applicant receives individual grades 

(whichever is greater), to notify the official service provider that 

the lot is completed, and to confirm the identifications of the 

containers in the lot. This applies to both composite grades and 

average grades (max 20 containers per lot).

Example: If an applicant loads and completes a 40-container 

booking on Thursday and the official service provider (OSP) 

grades the containers on Friday, the applicant has until the 

close of business the next business day to notify the OSP which 

containers belong in each (max 20 container) lot so the OSP may 

complete certification. If the following Monday is a holiday, the 

applicant has until the close of business Tuesday to notify the 

OSP.

4. WAIVERS

Waiver requests must come from the applicant and include: name of 

person requesting the waiver, company name of applicant, ContainerLot, last container ID before break, reason for exceeding 88 hours, 

how much additional time needed, whether request is made before or 

after the 88-hour limit, and official service provider.
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5. RESPONSIBILITIES 

a. Official Service Provider’s responsibility:

1) Advise the applicant of FGIS load order requirements and 

their responsibilities for continuous loading.

2) Monitor loading and loading times using proper documentation

and actively work with the applicant so that they are aware 

of their 88 hour status for each lot.

3) Obtain enough of a sample to run mycotoxin tests in case a 

change in lot size occurs.

4) Provide the inspection results on containers by next business

day following the day of sampling (unless other arrangements

have been made between service provider and applicant).

5) Maintain applicable waiver requests and responses with each 

container lot.

b. Field Office Responsibility:

1) Approve or deny waiver requests in accordance with FGIS 

Program Directive 9020.1.

2) Notify the applicant and OSP on all waiver approvals or denials.

c. Applicant (applicant) responsibility:

1) Provide load order instructions prior to loading.

2) Monitor 88 hour limits while loading and actively work with 

the service provider so that they are aware of the 88 hour 

status, so that any potential violations of the 88-hour rule 

can be noted.

3) If the lot is being formed by containers loaded at different 

locations within the official service provider’s area, it is the 

responsibility of the applicant to inform the official service 

provider that this is taking place.

4) On completion of the lot, send a list identifying the 

disposition of each sampled container to the official service 

provider by the next business day (COB) following the day 

inspection results were received.
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6. FILING INSTRUCTIONS 

File a copy of this memo with Directive 9180.78, Procedures for Bulk 

Grain Exported in Containers, until the directive is revised to include 

this change. Field office managers must ensure that a copy of this 

memorandum is provided to official agencies operating within their 

circuit.

7. QUESTIONS 

Direct any questions regarding this procedure to the local field office 

or to AMS - FGIS Policies Procedures Market Analysis Branch. Also, 

please visit the “Inspection and Weighing of Containers” Q & A page 

located at https://www.ams.usda.gov/publications/content/containers.