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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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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: [email protected] 
or [email protected].

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)
----------------------------------------------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ GAO advised that it does not have authority over State 
agencies and was unable to provide relevant information.
---------------------------------------------------------------------------

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 [email protected].

               Table 2--Designated Official Agencies Providing Services at Other Than Export Ports
----------------------------------------------------------------------------------------------------------------
                                                                                   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\.
----------------------------------------------------------------------------------------------------------------

[[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.
---------------------------------------------------------------------------

    \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).
------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \6\ See footnote 5.
---------------------------------------------------------------------------

    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]
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